Digital Commons Network^™

Masculinist Theory And Romantic Authorship, Or Hawthorne, Politics, Desire, David Greven

Faculty Publications

No abstract provided.

“The Whole Numerous Race Of The Melancholy Among Men”: Mourning, Hypocrisy, And Same-Sex Desire In Poe's Narrative Of Arthur Gordon Pym, David Greven

Faculty Publications

No abstract provided.

Individual Differences In The Conceptualization Of Food Across Eating Contexts, Christine E. Blake

Faculty Publications

Individual differences in food-related knowledge structures were explored by applying schema theory to examine the categories 42 adults used to classify foods across four eating contexts. Food card-sort labels were organized in 12 categories, category salience for each person was evaluated, and cluster analysis was used to identify clusters of participants according to the salience of their categories. Clusters were further evaluated for complexity and consistency of category use across contexts. Seven food schema clusters were identified. Meal/time and Routine categories were the most salient overall and were used by most clusters. Well-being, Person, Source, Convenience, Meal component, and Food …

Immersive Learning Environments In Parallel Universes: Learning Through Second Life, Ken Haycock, Jeremy Kemp

Faculty Publications

Opportunities for more creative and innovative environments for learners continue to develop through distance education. Especially at the post-secondary level, these immersive environments can involve high-end video game technologies to create multi-user virtual worlds that can both replicate and far extend physical classrooms. At San Jose State University's School of Library and Information Science, courses offered in and through Second Life develop both competence and comfort in working with library users. Several useful lessons have also been learned.

Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible, Michael P. Scharf

Faculty Publications

Written by a consultant to the United Nation's newly established Cambodia Genocide Tribunal, "Tainted Provenance" examines one of the most important legal questions that will face the Tribunal as it begins its trials next year -- whether evidence of the Khmer Rouge command structure that came from interrogation sessions at the infamous Tuol Sleng torture facility should be considered notwithstanding the international exclusionary rule for evidence procured by torture. The issue of whether there should be exceptions to the torture evidence exclusionary rule (and how those exceptions should be crafted to avoid abuse) has significant implications beyond the international tribunal, …

Marriage And Finance, Jeffrey P. Dew

Faculty Publications

This chapter reviews interdisciplinary research concerning the association between marriage and personal finances. The first section of the chapter discusses financial practices within marriage and the financial differences between married couples and other family types. The second section reviews the research on the ability of financial factors to predict marital formation, satisfaction/conflict, and dissolution. The chapter also suggests future research avenues.

A Direct Comparison Of Effect Sizes From The Clinical Global Impression-Improvement Scale To Effect Sizes From Other Rating Scales In Controlled Trials Of Adult Social Anxiety Disorder, Bruce L. Brown, Dawson W. Hedges, David A. Shwalb

Faculty Publications

Objective: The clinical global impression-improvement scale (CGI-I) is used to monitor treatment outcome in mental disorders. To better understand the properties of the CGI-I scale in social anxiety disorder, effects sizes from the CGI-I scale were compared to comparably calculated effect sizes from other rating scales obtained from double-blind, placebo-controlled trials of selective-serotonin reuptake inhibitors in social anxiety disorder. From peer-reviewed, double-blind, placebo-controlled studies evaluating selective serotonin reuptake inhibitors in social anxiety disorder, we extracted CGI-I data and scores from other assessment scales of severity and function. Using calculations that enabled direct comparisons, effect sizes for the binarily reported CGI-I …

Enhancing Special Educators' Knowledge And Understanding Of Hiv/Aids, Mary Anne Prater, Nancy M. Sileo, Thomas W. Sileo

Faculty Publications

HIV/AIDS continues to spread among children, youth, and young adults across all racial, ethnic, and cultural populations, including those with disabilities. This article considers information on HIV/AIDS such as individuals' health-risk behaviors, environmental circumstances, and perceptions that may contribute to HIV-infection; how disability characteristics, and cultural traits and values impact school-based HIV/AIDS prevention programs; and, culturally competent instructional considerations that acknowledge these variables.

Science And Constitutional Fact Finding In Equal Protection Analysis, Angelo N. Ancheta

Faculty Publications

This Article examines theories of fact finding and rules of evidence, as well as critiques of scientific citations in equal protection litigation, drawing on opinions starting with Brown v. Board of Education and its well-known citation of psychological and sociological studies documenting the harms of segregation-what the Brown Court labeled "modem authority." Second, this Article examines a range of equal protection cases and discusses how constitutional frameworks have shaped both core constitutional values and the gathering of relevant constitutional facts. Third, this Article examines in more detail the Parents Involved cases, as well as the underlying science and the citation …

The Many Meanings Of "Politics" In Judicial Decision Making, Bradley W. Joondeph

Faculty Publications

This essay seeks to untangle the many possible meanings of "politics" in descriptions of judicial behavior. Part I sets out ten possible conceptions of the term, briefly discussing some examples and their empirical foundations. My goal is mostly descriptive (rather than normative), though it is apparent that some conceptions are more useful than others. In all events, claims about the political influences on judicial behavior must be specific about the phenomena they seek to describe. For given the many possible meanings of politics, accounts that lack such specificity are largely vacuous.

Part II builds on this discussion to make two …

Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan

Faculty Publications

No abstract provided.

When Do Facts Persuade? Some Thoughts On The Market For “Empirical Legal Studies”, Elizabeth Chambliss

Faculty Publications

No abstract provided.

The More Things Change: A Psychological Case Against Allowing The Federal Sentencing Guidelines To Stay The Same In Light Of Gall, Kimbrough, And New Understandings Of Reasonableness Review, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

In December 2007, through two decisions, the Supreme Court sought to clean up the confusion that it created just shy of three years earlier when it rendered the Federal Sentencing Guidelines advisory in United States v. Booker and called for circuit courts to begin reviewing sentences for "unreasonableness." In one of those December decisions, Gall v. United States, the Court clarified what it meant by reasonableness review and explained that such review had both a procedural and substantive component. In the other decision, Kimbrough v. United States, the Court gave more meaning to the substantive component, …

Faith In The Rule Of Law, Marc O. Degirolami

Faculty Publications

This is an essay on Brian Z. Tamanaha's Law as a Means to an End: Threat to the Rule of Law (2006).

For all but the most unflinching consequentialist, "instrumentalism" tends to draw mixed reviews. So it does from Brian Tamanaha. His book, Law as a Means to an End: Threat to the Rule of Law, documents with measured diffidence the ascendancy and current reign of "legal instrumentalism," so entrenched an understanding of law that it is "taken for granted in the United States, almost a part of the air we breathe." Professor Tamanaha shows that in our legal theorizing, …

The Case For "Thinking Like A Filmaker": Using Lars Von Trier's Dogville As A Model For Writing A Statement Of Facts, Elyse Pepper

Faculty Publications

Part I of this Article introduces movies as a persuasive medium. Part II examines the value of movies as teaching tools in the law school context. Part III breaks down the movie Dogville and demonstrates how it might be used to create two Statements of Facts in a fictionalized criminal case. Part IV recaps the lessons learned from using a film as a model for fact writing.

Persuasion In A Familiar Activity: The Parallels Between Resume Writing And Brief Writing, Patricia Grande Montana

Faculty Publications

(Excerpt)
/="/">To succeed in drafting a “winning” brief, you must approach it like you approach any other persuasive piece of writing in everyday life. A résumé is one such type of writing.Although many writers might not realize that composing a résumé is an exercise in persuasion, it is. The résumé’s purpose is simple: to persuade the employer to hire the applicant. Thus, a good résumé will be tailored to the needs of the employer. To achieve this goal, writers of successful résumés will carefully consider the employer throughout the planning, drafting, and revising processes. They will step into the …

A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen

Faculty Publications

Talk of networks and "network theory" has become almost ubiquitous in the field of counterterrorism. Terrorist organizations are networks. Terrorists have been empowered by the Internet, ethnic diasporas, and cell phones—networks all. Many of the putative targets of terrorists—electrical grids, oil pipelines, and transportation systems, to name a few—are themselves networks. And, perhaps less often mentioned, terrorists are increasingly hampered by national and international laws that foster cooperation and coordination among states—a network of laws.

From "smart mobs" to "net wars," from narco-trafficking to the Internet, network theory has provided insights into decentralized social organizations and their coordinated action. Both …

The Blind Leading The Blind: What If They’Re Not All Visual Or Tactile Learners?, Robin A. Boyle, James B. Levy

Faculty Publications

(Excerpt)

As legal writing professors, we exalt analysis over intuition and are trained to follow the facts rather than engage in guess-work. We train our students to do the same. Yet when it comes to the pedagogy of legal analysis, we sometimes disregard our training by relying on observations and anecdotal evidence. Specifically, we may be assuming that the vast majority of our students are visual and/or tactile learners because they have grown up using computers, and we see students using computers all the time. Implicit in our assumption is that learning styles are determined by environmental factors alone or …

The Culture Differential In Parental Autonomy, Elaine M. Chiu

Faculty Publications

When the laws of a community reflect a dominant culture and yet many of its members are from other minority cultures, there is often conflict. When this conflict occurs in the legal regulation of the parent-child relationship, the consequences are tremendous for the children, the parents, and the State. This Article focuses on the federal statute criminalizing female genital surgeries, and, in doing so, it makes two major claims. The first claim is that the decisions of minority parents are scrutinized and regulated to a greater degree than the decisions of parents from the dominant culture, even when their decisions …

Lexical And Segmental Influences On Child And Adult Learners’ Production Of Second Language Vowels, Wendy Baker-Smemoe, Pavel Trofimovich

Faculty Publications

This study examined how two segmental or sound-related factors (crosslanguage perceptual similarity, syllabic context) as well as two lexical or wordrelated factors (word frequency, subjective word familiarity) influenced the production of eight English vowels by 40 Korean children and adults exposed to English in the U.S. for an average of 1 and 7 years. Results of two experiments revealed that lexical factors affected adults’ second language (L2) production more than children’s and depended (at least for adults) on amount of L2 experience. Lexical influences on L2 production were obtained when segmental influences were particularly strong (for dissimilar L2 vowels or …

Social, Experiential And Psychological Factors Affecting L2 Dialect Acquisition, Wendy Baker-Smemoe

Faculty Publications

Several factors influence whether or not second language (L2) learners are able to perceive and produce the L2 accurately. Some of these factors are experiential, such as the learner’s age at the time of L2 acquisition (Mackay, Flege, & Imai, 2006; Aoyama, Flege, Guion, Akahane-Yamada, & Yamada, 2002), length of residence in the target language and/or country (Flege & Liu, 2001; Flege, Bohn, & Jang, 1997), and amount of daily use of the L2 (Mackay, Meador, & Flege, 2001), to name just a few. While these factors most likely influence L2 learners of all ages, previous research suggests that amount …

Suicidal Ideation In College Students Varies Across Semesters: The Mediating Role Of Belongingness, Scott R. Braithwaite, Kimberly Van Orden, Tracy K. Witte, Lisa M. James, Yessenia Castro, Kathryn H. Gordon, Daniel L. Hollar, Thomas E. Joiner Jr.

Faculty Publications

The interpersonal–psychological theory of suicidal behavior (Joiner, 2005)proposes that the need to belong is fundamental; when met it can prevent suicide and when thwarted it can substantially increase the risk for suicide. We investigate one source of group-wide variation in belongingness among college students—changes in the social composition of college campuses across academic semesters—as an explanation for variation in suicidal ideation across the academic year.Our results indicate that in a sample of college students at a large southern state university (n=309), suicidal ideation varied across academic semesters, with high-est levels in summer compared to both spring and fall. Differences in …

Is There Something Unique About Marriage? The Relative Impact Of Marital Status, Relationship Quality, And Network Social Support On Ambulatory Blood Pressure And Mental Health, Wendy C. Birmingham, Julianne Holt-Lunstad, Brandon Q. Jones

Faculty Publications

Background Having close social relationships and being married specifically have been reliably associated with health benefits including lower morbidity and mortality. Purpose The purpose of this study was to examine the influence of marital status, relationship quality, and network support on measures of psychological and cardiovascular health. Method We examined ambulatory blood pressure (ABP) among 204 married and 99 single males and females (N=303). Results We found that both marital status and marital quality were important. Married individuals had greater satisfaction with life (SWL) and blood pressure dipping than single individuals. High marital quality was associated with lower ABP, lower …

Clinical Application Of Standardized Cognitive Assessment Using Fmri. I. Matrix Reasoning, Mark D. Allen, Alina K. Fong

Faculty Publications

Functional MRI is increasingly recognized for its potential as a powerful new tool in clinical neuropsychology. This is likely due to the fact that, with some degree of innovation, it is possible to convert practically any familiar cognitive test into one that can be performed in the MRI scanning environment. However, like any assessment approach, meaningful interpretation of fMRI data for the purpose of patient evaluation crucially requires normative data derived from a sample of unimpaired persons, against which individual patients may be compared. Currently, no such normative data are available for any fMRI-based cognitive testing protocol. In this paper, …

Clinical Application Of Standardized Cognitive Assessment Using Fmri. Ii. Verbal Fluency, Mark D. Allen, Alina K. Fong

Faculty Publications

In this study, we describe an fMRI version of the verbal fluency test. This is the second in a series of fMRI adaptations of classical neuropsychological tests, for which normative samples of functional activation have been collected from unimpaired control subjects and structured in a manner that makes individual patient evaluation possible in terms of familiar z-score distributions. This fMRI protocol is shown to have strong convergent validity with the FAS phonemic fluency test and to elicit activation patterns highly consistent with a large body of previous neuroimaging studies of verbal fluency. We also present a case study, in which …

Development Of Teaching And Technology Integration: Focus On Pedagogy, Nancy Wentworth, Charles R. Graham, Tonya Tripp

Faculty Publications

The development, implementation, review, and subsequent revision of a capstone assignment during teacher education candidates’ field experience and the assignments-related rubric was based on research that points teacher education programs to give candidates experiences in rethinking their views of pedagogy as they integrate technology into the curriculum. The initial development of the rubric came as a result of requirements of national accrediting organizations for licensure programs to have performance assessments of their candidates. The review of the assignment by technology experts as well as education faculty showed a disconnect between the goals of the technology faculty and the mentors helping …

Momentum, Reversal, And Uninformed Traders In Laboratory Markets, Robert J. Bloomfield, William B. Tayler, Flora H. Zhou

Faculty Publications

We report the results of three experiments based on the model of Hong and Stein (1999). Consistent with the model, results show that when informed traders do not observe prices, uninformed traders generate long-term price reversals by engaging in momentum trade. However, when informed traders also observe prices, uninformed traders generate reversals by engaging in contrarian trading. Results suggest that a dominated information set is sufficient to account for the contrarian behavior observed among individual investors, and that uninformed traders may be responsible for long-term price reversals but play little role in driving short-term momentum.

The Effects Of Divided Attention On Speech Motor, Verbal Fluency, And Manual Task Performance, Christopher Dromey, Erin Shim

Faculty Publications

Purpose: The goal of this study was to evaluate aspects of the functional distance hypothesis, which predicts that tasks regulated by brain networks in closer anatomic proximity will interfere more with each other than tasks controlled by spatially distant regions. Speech, verbal fluency, and manual motor tasks were examined to ascertain whether right-handed activity would interfere more with speech and language performance because of the presumed greater demands on the left hemisphere. Method: Twenty young adults completed a speech task (repeating a sentence), a verbal fluency task (listing words beginning with the same letter), and right- and left-handed motor tasks …

Spirituality And Organizational Culture: Cultivating The Abcs Of An Inspiring Workplace, Stanley E. Fawcett, James C. Brau, Gary K. Rhoads, David Whitlark, Amydee M. Fawcett

Faculty Publications

Perhaps the greatest source of unique advantage is an organization’s workforce. Unfortunately, while many managers talk about the importance or their people, they often fail to cultivate a organizational spirit that leverages their people’s creativity, insight and passion. A senior executive at a Fortune 500 company commented on this reality, saying, “People are either the bridge or the barrier.” One of today’s primary leadership challenges is to overcome practices that limit workers’ involvement. The goal is to create a workplace that inspires creativity and contribution. The question becomes, “What practices cultivate a culture that can transform an organization’s workforce into …

An Overview And Tutorial Of The Repertory Grid Technique In Information Systems Research, Aaron Mosiah Curtis, Taylor Michael Wells, Paul Benjamin Lowry, Trevor Higbee

Faculty Publications

Interest in the repertory grid technique has been growing in the IS field. This article seeks to inform the reader on the proper use and application of the technique in IS research. The methodology has unique advantages that make it suitable for many research settings. In this tutorial, we describe the technique, its theoretical underpinnings, and how it may be used by IS researchers. We conclude by detailing many IS research opportunities that exist in respect to the repertory grid technique.