Digital Commons Network^™

Finding The ‘World’ In Biblical Studies: God-Talk, Culture, And Hermeneutics In The Study (And Teaching) Of Faith, Gerald A. Klingbeil

Faculty Publications

No abstract provided.

How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins

Faculty Publications

More than twenty-one years after Robert Bork's failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states are poised to outlaw abortion and that Roe v. Wade is vulnerable to overruling. In this Essay, I will debunk those claims. First, I will explain how Casey's approval of limited abortion rights reflected an emerging national consensus in 1992. Second, I will explain why the Supreme Court is unlikely to risk political backlash by formally modifying Casey- either by restoring the trimester test …

Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer

Faculty Publications

State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to …

Assisting And Protecting Refugee Women: A Policy Analysis, Barbara J. Kampa, Raphael Nawrotzki

Faculty Publications

The number of refugees and internally displaced persons (IDPs) has risen sharply over the last decade. This trend is the result of several causes such as the impact of climatic change, conflicts over diminishing resources, and religious and ethical disagreements. The largest and most vulnerable subgroup among refugees is women and their dependent children, and they are frequently subject to abuse and neglect. To address protection issues, the United Nations High Commissioner for Refugees (UNHCR) released the Policy on Refugee Women in 1990. The authors provide a comprehensive policy analysis, building on an exploration of the historical background and a …

The Gendered Meanings Of Assets For Divorce, Jeffrey P. Dew

Faculty Publications

Scholars identified a negative relationship between assets and divorce decades ago, but the mechanisms behind this relationship remain unknown. Using data from the National Survey of Families and Households (N = 4,721 couples), this study compared three mechanisms that might link assets and divorce. Non-proportional Cox hazard models indicated that two of the three mechanisms explained the relationship between assets and divorce. Wives’ marital satisfaction and their perceptions of their hypothetical post-divorce standard of living completely mediated the relationship between assets and divorce. The relationship between assets and divorce was not related to husbands’ characteristics.

Autism Fast Start Checklist, Tina Taylor, Leeann Whiffen

Faculty Publications

This Fast Start Checklist was created to help parents in Utah who are concerned that their child is exhibiting signs of an Autism Spectrum Disorder (ASD). It serves as a general guideline for obtaining support through the evaluation and initial treatment process and is not intended to be all-inclusive. Early Intervention and school personnel can guide parents to these resources as they collaborate to determine the best route for serving children who exhibit signs of ASD. Parents should be encouraged to not try to do everything on this list, as they are provided as points to consider. This checklist is …

Communication On The Paper "A Reference-Dependent Regret Model For Deterministic Tradeoff Studies", Xiaoting Wang, Evangelos Triantaphyilou, Edouard Kujawski

Faculty Publications

This communication focuses on a fundamental problem related to the recently introduced Reference-Dependent Regret Model (RDRM) [E. Kujawski, Syst Eng 8(2) (2005), 119-1371 for deterministic multi-criteria decision-making. Kujawski asserted that the RDRM model satisfies three properties. The first of these properties, referred to as the "independence of dominated alternatives," seems to be an intuitive one. According to this property, the RDRM model preserves the ranking of two alternatives Ai and Aj with ranking Ai > Aj when a new alternative dominated by Ai is introduced or an old alternative dominated by Aj is dropped. In this communication it is demonstrated algebraically …

The State Of Balance Between Procedural Knowledge And Conceptual Understanding In Mathematics Teacher Education, Damon L. Bahr, Michael J. Bossé

Faculty Publications

The NCTM Principles and Standards for School Mathematics calls for a balance between conceptual understanding and procedural knowledge. This study reports the results of a survey distributed to AMTE members in order to discover the opinions and practices of mathematics teacher educators regarding this balance. The authors conclude that there is wide disparity of views regarding the meaning of the terms "conceptual" and "procedural" as well as the meaning "balance" between the two, in terms of what constitutes mathematics, the learning and teaching of mathematics, and the assessment of mathematical proficiency.

The Use Of A Summary Journal Assignment To Promote Theory And Practice Integration In Experientially Based Courses, Adele Baruch Phd, Ju Hong-Chittaphong, Christine Potaczala

Faculty Publications

The authors discuss the use of a summary journal, an assignment designed to facilitate the integration of theory and course experience in practice-based Counsellor Education courses. The reflections on the assignment are provided by the instructor and two students, from two different practice-based courses. The summary journal does appear to provide an opportunity for students to compare their own experiences with formal theory presented in class and in texts, although the quality of this integration varies. The provision of prior student summaries appears to be helpful to those students who are inexperienced in constructing theoretical meaning out of their own …

Perceptions Of Home Notes: Parental Involvement In Teaching Social Skills, Ryan H. Shatzer, Sue A. Womack, Paul Caldarella, Michael Adams

Faculty Publications

The purpose of this research was to evaluate the use of a Home Note program as a way to involve parents in teaching and reinforcing social skills as a universal level positive behavior support intervention, and to examine stakeholder perceptions of a Home Note program.

Can School-Wide Positive Behavior Support Be An Evidence-Based Practice?, K. Richard Young, Paul Caldarella, Lynnette Christensen, Tyler Renshaw

Faculty Publications

Our Conclusions: School-Wide Positive Behavior Support is not yet an Evidence-Based Practice; School-Wide Positive Behavior Support can be reconceptualized (outside of the Evidence-Based Practice paradigm) as a “student-support framework”; As a framework, it can employ the Evidence-Based Practice paradigm; This reconceptualization may have real-life implications: setbacks and benefits.

Civility In Schools: An Emerging Paradigm For Behavioral Problems And School Violence, Keely Wilkins, Paul Caldarella, K. Richard Young

Faculty Publications

What is Civility? Modern: courtesy, politeness, consideration, decorum (Hinckley, 2000; Peck, 2002, Ferriss, 2002). Historical: ability to work as a citizen, a sense of membership in a community with its attendant rights and responsibilities (Shulman & Carey, 1984; Boyd, 2006).

Breast Cancer Fatalism: The Role Of Women's Perceptions Of The Health Care System, Allyson G. Hall, Amal J. Khoury, Ellen D.S. Lopez, Nedra Lisovicz, Amanda Avis-Williams, Amal K. Mitra

Faculty Publications

Cancer fatalism, which can be understood as the belief that cancer is a death sentence, has been found to be a deterrent to preventive cancer screening participation. This study examines factors associated with breast cancer fatalism among women. We analyzed data from a 2003 survey of women 40 years of age. The survey collected information about respondents' knowledge and attitudes regarding breast health. Analyses compared the characteristics of women who reported and those who did not report a fatalistic attitude. Women with a fatalistic attitude were more likely to be African American, to have a family history of breast cancer, …

Increasing The Social Involvement Of Withdrawn Adolescents: Effects Of Peer Praise Notes, Julie Nelson, Paul Caldarella, K. Richard Young

Faculty Publications

Research has shown that those students who are socially withdrawn or isolated have difficulty learning appropriate social conduct which places them at risk for difficulties later in life(Oden, 1980; Patterson, Reid, & Dishion,1992).

Diversity, Multiculturalism, And Pluralism: A James White Library Bibliography, Terry Dwain Robertson

Faculty Publications

A bibliography of books available in the James White Library addressing issues of diversity, multiculturalism, and pluralism in the disciplines of business, education, political science, religion, and sociology.

Into The Imagined Forest: A 2000-Year Retrospective Of The German Woods, Richard Hacken

Faculty Publications

In a "House of Learning" lecture in the Harold B. Lee Library in October, 2008, Richard Hacken gave this presentation, a combination of text and images. Coming from the history of ideas, this retrospective of the German woods looked at historical, linguistic, artistic, philosophical, political, literary, cultural, and of course botanical aspects of the German forest. In summary, five major forest themes arise from Germans imagining their own German woods: (1) taming the external and internal wilderness; (2) establishing social justice; (3) advocating national unity; (4) maintaining a sense of the sacred; and (5) encouraging ecological awareness.

The Patent Lottery: Exploiting Behavioral Economics For The Common Good, Dennis D. Crouch

Faculty Publications

Lotteries are immensely popular. Players are willing to give the organizer a large monetary cut of every ticket purchase in return for a chance at a jackpot. In some ways, our current patent system operates as a lottery as well. Most patents are relatively worthless, while a few are highly valuable. Reaching the major payout of a highly valuable patent takes perseverance in the face of tremendous uncertainty. Like lottery players, small entrepreneurial companies and individuals have shows signs of bounded rationality. In particular, what I call the patent lottery effect is associated with the phenomena of potential innovators overweighting …

Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan Vacca

Faculty Publications

Over the past several years, many scholars have wrestled with the idea of how property rights for items created in virtual worlds should be conceptualized. Some have discussed utilitarian models, others have examined a Lockean natural rights theory, and still others view virtual property merely as another form of intellectual property. Regardless of how virtual property is conceptualized and which theory it best fits, most, if not all, commentators agree that the law ought to recognize virtual property as property and vest someone with those rights.

This Article moves beyond the initial debate about how property rights in virtual property …

What The Hein Decision Can Tell Us About The Roberts Court And The Establishment Clause, Carl H. Esbeck

Faculty Publications

This extended essay plays off the Supreme Court's recent decision in Hein v. Freedom From Religion Foundation, Inc., 127 S. Ct. 2553 (2007) (plurality opinion), rejecting taxpayer standing where the claim on the merits challenges discretionary actions by officials in the executive branch said to violate the establishment clause. While the matter directly at hand is the scope of taxpayer standing first permitted in Flast v. Cohen (1968), the essay uses the "injury in fact" requirement for standing to delve into the manner by which the four opinions in Hein give us insight into how the Roberts Court will approach …

An Evaluation Of The Effectiveness Of The Instructional Methods Used With A Student Response System At A Large University, Charles R. Graham, Larry Seawright, Coral Marie Hanson

Faculty Publications

This study investigates the adoption of student response systems (SRS) across a large university campus. The study sought to understand how faculty members were using the SRS and what instructional strategies student and faculty found to be most valuable to their learning. The term "helpful" and the concept of "helpfulness" is used in place of "valuable" as it more clearly communicates to students and faculty the concept of how an SRS is of worth to them. Students were generally positive about the helpfulness of the instructional methods professors were using. Students found the ability to receive immediate feedback on their …

Technology And A House Of Learning, Charles R. Graham, Dawn Graham

Faculty Publications

Organize yourselves; prepare every needful thing; and establish a house, even a house of prayer, a house of fasting, a house of faith, a house of learning, a house of glory, a house of order, a house of God. Technological innovations over the past decade have had a huge influence on our lives, from the way we communicate and recreate to the way we educate students in the U.S. Technology has even had an impact on our religious lives and on ways we share our beliefs with others.

Curing Consumer Warranty Woes Through Regulated Arbitration, Amy J. Schmitz

Faculty Publications

This article proposes legislative procedural reforms accounting for the realities of consumer arbitration that have threatened and denied consumers' access to remedies for companies' violations of public, or statutory, warranty remedies under the Magnuson-Moss Warranty Act (MMWA). Furthermore, the Article proposes to clarify and expand the MMWA's current dispute resolution template in order to resolve judicial disagreement regarding the template's application and foster beneficial use of finding arbitration. Accordingly, this is not a call to ban all pre-dispute arbitration clauses in consumer contracts, but is instead an invitation for more politically palatable reforms that preserve both companies' savings and consumers' …

Does Place Explain Racial Health Disparities? Quantifying The Contribution Of Residential Context To The Black/White Health Gap In The United States, Brian K. Finch, D. Phuong Do, Ricardo Basurto-Davila, Chloe E. Bird, José J. Escarce, Nicole Lurie

Faculty Publications

The persistence of the black health disadvantage has been a puzzling component of health in the United States in spite of general declines in rates of morbidity and mortality over the past century. Studies that have focused on well-established individual-level determinants of health such as socio-economic status and health behaviors have been unable to fully explain these disparities. Recent research has begun to focus on other factors such as racism, discrimination, and segregation. Variation in neighborhood context - socio-demographic composition, social aspects, and built environment - has been postulated as an additional explanation for racial disparities, but few attempts have …

Non-Urban Noirs: Rural Space In Moonrise, On Dangerous Ground, Thieves’ Highway, And They Live By Night, Jesse Schlotterbeck

Faculty Publications

No abstract provided.

A Darwinist View Of The Living Constitution, Scott Dodson

Faculty Publications

The metaphor of a “living” Constitution imports terms from biology into law and, in the process, relies on biology for its meaning. A proper understanding of biology is therefore central to understanding the idea of “living” constitutionalism. Yet despite its rampant use by both opponents and proponents of living constitutionalism, and despite the current fervent debate over whether biology can be useful to the law, no one has evaluated the metaphor from a biological perspective. This Essay begins that inquiry in an interdisciplinary study of law, science, and philology. The Essay first evaluates the metaphor as it is currently used …

Leading In The Midst Of Change: A Theologically Grounded, Theoretically Informed Hermeneutic Of Change, Terri L. Elton

Faculty Publications

This essay proposes a hermeneutic of change, grounded in theology and theory, which can inform church leaders’ strategic actions in the midst of change. Drawing from the work of practical theology, it looks at four vantage points proposed by Don Browning: descriptive, historical, systematic, and strategic. The descriptive view offers two insights: God is active and present in the midst of change and God’s people are simultaneously saints and sinners. The historical perspective points out that God has always been in the midst of change, but God’s love and promises for the world have not changed. Systematic theology fuses the …

The Effects Of Exposure-Order And Market Entry-Information On Brand Preference: A Dual Process Model, Ronald W. Niedrich, Scott D. Swain

Faculty Publications

A dual process model is proposed that identifies the conditions under which two separate and additive effects on brand preference may obtain. The first is an exposure-order effect that can influence attribute-based processing. The second is the effect of market entry-information that can result in theory-driven processing. The model was tested and supported across two experiments, which demonstrate that the effects of market entry-information and exposure-order on brand preference depend on attribute-type and the time between attribute encoding and preference construction. In contrast to previous research, conditions are identified where market entry-information has no effect on preference and where the …

Forgiveness And Consideration Of Future Consequences In Aggressive Driving, Michael Moore, Eric R. Dahlen

Faculty Publications

Most research on aggressive driving has focused on identifying aspects of driver personality which will exacerbate it (e.g., sensation seeking, impulsiveness, driving anger, etc.). The present study was designed to examine two theoretically relevant but previously unexplored personality factors predicted to reduce the risk of aggressive driving: trait forgiveness and consideration of future consequences. The utility of these variables in predicting aggressive driving and driving anger expression was evaluated among 316 college student volunteers. Hierarchical multiple regressions permitted an analysis of the incremental validity of these constructs beyond respondent gender, age, miles driven per week, and driving anger. Both forgiveness …

The Significance (If Any) For The Federal Criminal Justice System Of Advances In Lie Detector Technology, Jeffrey Bellin

Faculty Publications

Against a backdrop of accelerating developments in the science of lie detection certain to reopen the debate on the reliability and therefore admissibility of lie detector evidence in the federal courts, this Article examines whether the prohibition on hearsay evidence (or other evidentiary objections) will preclude admissibility of even scientifically reliable lie detector evidence. The Article concludes that the hearsay prohibition, which has been largely ignored by courts and commentators, is the primary obstacle to the future admission of scientifically valid lie detector evidence. The Article also suggests a potential solution to the hearsay problem that may allow admission of …

Prayer And Marital Intervention: Asking For Divine Help... Or Professional Trouble?, Loren D. Marks

Faculty Publications

My selected title for this response piece reflects the late David Larson's identification of religion as the university's "anti-tenure topic." Beach, Fincham, Hurt, McNair, and Stanley (hereafter, the authors) have stepped upon some dangerous soil. However, this statement is intended as a welcome, not a threat. I appreciate the authors' efforts to break new ground in an important but highly sensitive domain.