Digital Commons Network^™

U.S. And Romanian Executive Mba Students: A Cross-Cultural Comparison, Ernest A. Capozzoli, David E. Gundersen, Marcel Duhaneanu

Faculty Publications

Currently, there are over 260 EMBA programs worldwide with approximately 180 programs resident in the United States. The number of programs available for EMBA students has increased competition for those students. One characteristic of this increased competition between EMBA programs is the addition of global initiatives to expose students to other cultures. Part of this global initiative has resulted in alliances and the establishment of working relationships between educational institutions. To facilitate and enhance the learning experience while in an EMBA program these alliances should consider the impact culture plays in shaping student expectations. This paper addresses the question of …

Sex Differences In Jealousy In Response To Actual Infidelity, John E. Edlund, Jeremy D. Heider, Cory R. Scherer, Maria-Magdalena Farc, Brad J. Sagarin

Faculty Publications

The present studies address two criticisms of the theory of evolved sex differences in jealousy: (a) that the sex difference in jealousy emerges only in response to hypothetical infidelity scenarios, and (b) that the sex difference emerges only using forced-choice measures. In two separate studies, one a paper-and-pencil survey with a student sample and the other a web-based survey targeting a non-student sample, men and women showed significant sex differences in jealousy in response to actual infidelity experiences; men experienced more jealousy in response to the sexual aspects of an actual infidelity, whereas women experienced more jealousy in response to …

Findings From A Study Of Jelis, Anita Coleman

Faculty Publications

This is a presentation of 29 slides at the Scholarly Communication panel session of the 2006 Annual Conference of the Association for Library and Information Science Education, 19 January, 2006, San Antonio, Texas. Reports the findings from a study that investigated the value of the Journal of Education for Library & Information Science (JELIS). As far as growth is concerned, JELIS is in a holding pattern. Practitioners have decreased as authors and most articles continue to focus on Curriculum in library schools. Articles on distance education and cognition are increasing as are authors from foreign countries (outside US and Canada), …

Stacking The Deck? An Empirical Analysis Of Agreement Rates Between Pro Tempore Justices And Chief Justices Of California, 1977-2003, James Brent

Faculty Publications

The chief justice of California is empowered to select a pro tempore justice when one or more of the court's regular justices are absent. Chief Justice Rose Bird was accused of using this power to manipulate case outcomes. Contemporary scholarly investigations came to mixed conclusions. Bird's successors have adopted the nondiscretionary method of alphabetical selection. The present study compares the agreement rates of temporary justices with Bird and with her two immediate successors, Malcolm Lucas and Ronald George. It finds evidence of vote bias for Bird, particularly in close cases and cases before April 1981. It does not find evidence …

‘Flex Your Power’: Energy Crises And The Shifting Rhetoric Of The Grid, Anne Marie Todd, A. Wood

Faculty Publications

In response to widespread power outages, rolling blackouts, and ubiquitous energy debates, this essay considers our relation to energy and the grid that produces it. First, we investigate California's multimedia Flex Your Power campaign, which defines consumers as nodes of the grid to emphasize their responsibility to maintain a stable energy supply. Second, we examine state and national responses to the 2003 blackout in the Northeastern United States, attending to three strategies through which grid administrators sought to impose order, enact hierarchy, and deindividuate power. We propose that the grid invokes personalization at the "local" level and abstraction at the …

Daubert Challenges To Fingerprints, Paul C. Giannelli

Faculty Publications

No abstract provided.

Interdependent Consumer Choice And The Oval Of Cassini, Aharon Hibshoosh

Faculty Publications

This paper follows a theory of Nicosia and Hibshoosh regarding the choice by social consumer unit who is facing conflicting institutional norms. The paper presents a duo-centric consumer residential choice model with special disutility function. The properties of the Oval of Cassini play a key role in the parstmonious modeling of this phenomenon and in the analysis. Specifically, we develop a residential consumer choice model where the consumer utility is affected by conflicted demands for activities of work and non-work institutions. The consumer unit is simultaneously attracted to two predetermined centers of work and non-work, while making its residence choice. …

Writing Across Curriculum: Evaluating A Faculty-Centered Approach, Marilyn K. Easter, Rolanda P. Farrington Pollard

Faculty Publications

This paper discusses research on a pilot study for implementing a Writing Across the Curriculum (WAC) program in the College of Business (CoB) at a California Public University. Data analysis focused on faculty and writing assistant satisfaction using interviews, and on student learning as measured by evaluation of progressive writing assignments. Discussion includes: 1) assumptions on which the pilot was based and its goals, 2) overview of how the program was structured and implemented, 3) outcomes of the pilot program, and 4) recommendations for future programs. Results suggest both faculty and student participants were satisfied with the pilot program implementation …

Interactional Competence And The Use Of Modal Expressions In Decision-Making Activities: Ca For Understanding Microgenesis Of Pragmatic Competence, Midori Ishida

Faculty Publications

Interlanguage pragmatics (Kasper & Blum-Kulka, 1993) is a research area that is concerned with what second language (L2) learners do with the target language, and how their competence in using the language develops over time. However, until 1996 when Kasper and Schmidt put out agendas for more developmentally oriented investigations, research on interlanguage pragmatics had been predominated by studies focusing on the former, L2 use at a point in time. This research area has matured more by now in the area of developmental interlanguage pragmatics, as reviewed in Kasper and Rose (2002). Along with an increased attention to longitudinal development …

Fans, Free Expression, And The Wide World Of Sports, Howard M. Wasserman

Faculty Publications

No abstract provided.

Asking The Straight Question: How To Come To Speech In Spite Of Conceptual Liquidation As A Homosexual, Jose M. Gabilondo

Faculty Publications

No abstract provided.

The Stoic Monastic: Taiwanese Buddhism And The Problem Of Emotions, Hillary Crane

Faculty Publications

This paper explores the stoicism of Taiwanese monastics and argues that, in this context, emotions are believed to be dangerous in part because they interfere with spiritual cultivation. A stoic exterior further represents an inner state of calm and a lack of emotionality. Since women are believed to have more emotional problems than men, nuns in particular seek to control their emotions, in part by studying the example of monks. Women’s emotions are contrasted with the trait of compassion, which is associated with men and thought to be selfless. Cultivating compassion is the focus of much of their spiritual practice …

Creativity, Free Expression, And Professionalism: Value Conflicts In U.S. Community Radio, Michael Huntsberger

Faculty Publications

This study investigates how the values of free expression and professionalism provide the basis for interpersonal and organizational conflict in U.S. community radio stations, and shape divergent approaches to audience service. Using qualitative methods, the project examines the motivations, expressions, and behaviors of producers and managers to establish how their values contribute to cooperation and dissention within these organizations. The study illustrates the delicate balance that exists between content-centered and audience-centered objectives, concluding that these core values have a pervasive effect on community radio’s capacity to reach audiences and promote social change through the media.

Keeping Peace In The Family While You Are Resting In Peace: Making Sense Of And Presenting Will Contests, Judith G. Mcmullen

Faculty Publications

This Article focuses on post-mortem challenges to wills. All such will challenges involve a clash between the testator's stated intentions and the disappointed heirs' expectations and desires. While the legal issues may differ somewhat in individual cases, the claims are almost invariably the result of a disappointed heir feeling that she has been treated unfairly or has not received what she expected to receive. Rather than focusing on the technical issues of will drafting or execution, this Article reflects on the emotional causes of fighting over an estate and suggests some ways to reduce the family fighting and hard feelings …

Underage Drinking: Does Current Policy Make Sense?, Judith G. Mcmullen

Faculty Publications

This Article examines the history of laws and policies regulating consumption of alcoholic beverages by young people in the United States, and examines youth drinking patterns that have emerged over time. Currently, all 50 states have a minimum drinking age of 21. Various rationales are offered for the 21 drinking age, such as the claim that earlier drinking hinders cognitive functions, and the claim that earlier drinking increases the lifetime risk of becoming an alcoholic. While there is sufficient evidence to support the claim that it would be better for adolescents and young adults if they did not drink prior …

Victims And Criminal Justice: What’S Next?, Michael M. O'Hear

Faculty Publications

No abstract provided.

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Faculty Publications

Critics sometimes maintain that hate crime law punishes an offender for her motive and character and is therefore doctrinally and morally illegitimate. This manuscript explores the concept of culpability to examine this challenge, and argues that critics inaccurately assume that our criminal law conditions culpability on a robust understanding of choice. This inaccuracy significantly undermines the doctrinal critique against hate crime law, which in fact appears to be consistent with many other laws that consider motive and character as relevant factors in determining degree of guilt and proportionate punishment. Notwithstanding the apparent doctrinal validity of hate crime law, the author …

Not Quite A World Without Trials: Why International Dispute Resolution Is Increasingly Judicialized, Andrea Kupfer Schneider

Faculty Publications

Many scholars have made the argument that the trial is disappearing from use in the American legal system. In response to Marc Galanter's piece, A World without Trials?, this Essay argues that, in fact, the rest of the world is moving toward trials for a host of international legal disputes. What can explain this divergence? The development of ADR in the U.S. met a number of needs including saving time and money, alleviating docket overload, and giving individuals more involvement in the legal process. In the international realm, however, these needs were quite different. The judicialization of international disputes has …

Overvalued Equity And The Case For An Asymmetric Insider Trading Regime, Thom Lambert

Faculty Publications

This article argues for an asymmetric insider trading policy under which insider trading that decreases the price of an overvalued stock is generally permitted, but insider trading that increases the price of an undervalued stock is generally prohibited. Concluding that the net investor benefits of price-decreasing insider trading exceed those of price-enhancing insider trading, the article argues that an asymmetric insider trading regime likely represents the bargain that shareholders and corporate managers would strike if they were legally and practically able to negotiate an insider trading policy. Current insider trading doctrine would permit regulators to impose such an asymmetric insider …

The Case Against Smoking Bans, Thom Lambert

Faculty Publications

In recent months, numerous localities and states have banned smoking in public places (i.e., privately owned places to which members of the public are invited). Such sweeping bans are typically justified on grounds that they alleviate externalities, shape individuals' preferences in a desirable manner, and reduce risks. This essay rebuts the externality, preference-shaping, and risk-reduction arguments for smoking bans and contends that such bans are unnecessary and, on the whole, utility-reducing.

Career Paths Of Distance Education Librarians: A Profile Of Current Practitioners Subscribed To The Offcamp Listserv, Allyson Washburn

Faculty Publications

A growing number of institutions are offering courses and degrees via distance education, however distance education librarianship is a relatively new and often less defined field of librarianship. This paper will present the results of a survey to discover career paths leading to distance education librarianship. Based on a survey of subscribers to the OFFCAMP listserv, it asked questions such as: Is there a typical career path? Does previous or continuing work in other library units benefit a distance education librarian? What are the most important qualifications for a distance education librarian? Profiles of the education and experience of distance …

Cognitive Biases And Heuristics In Tort Litigation: A Proposal To Limit Their Effects Without Changing The World, John E. Montgomery

Faculty Publications

Behavioral studies indicate that individuals do not always make objective decisions about risk. Various cognitive biases and heuristics-- mental shortcuts everyone uses consciously or subconsciously to make decisions under conditions of uncertainty--introduce error and subjectivity. At one level, these studies merely confirm the obvious: individuals make decisions based on both reason and emotions. At another level, they may introduce serious complications into some types of legal analysis, which are based on the assumption that individuals are rational actors. The potential effects of erroneous decisions about risk are of particular concern in the area of tort law. Laboratory studies establish that …

The Best Offense Is A Good Defense: Why Defendants' Nolo Contendere Pleas Should Be Inadmissible Against Them When They Become Civil Plaintiffs, Colin Miller

Faculty Publications

All federal courts (and most state courts) agree that when a criminal defendant pleads nolo contendere and subsequently becomes a civil defendant, his plea is inadmissible against him pursuant to Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure 11(f). Conversely, courts are sharply divided over whether this same criminal defendant would be entitled to the protection of the Federal Rules (and corresponding state codes) if he became the plaintiff in a subsequent civil proceeding.

This article argues that courts holding that Federal Rule of Evidence 410, Federal Rule of Criminal Procedure 11(f), and corresponding state codes do …

Using Focus Groups In The Consumer Research Phase Of A Social Marketing Program To Promote Moderate-Intensity Physical Activity And Walking Trail Use In Sumter County, South Carolina, Ericka L. Burroughs, Lara E. Peck, Patricia A. Sharpe, Michelle L. Granner, Carol A. Bryant, Regina Fields

Faculty Publications

Introduction: The use of social marketing approaches in public health practice is increasing. Using marketing concepts such as the "four Ps" (product, price, place, and promotion), social marketing borrows from the principles of commercial marketing but promotes beneficial health behaviors. Consumer research is used to segment the population and develop a strategy based on those marketing concepts. In a community-based participatory research study, 17 focus groups were used in consumer research to develop a social marketing program to promote walking and other moderate-intensity physical activities.

Methods: Two phases of focus groups were conducted. Phase 1 groups, which included …

Confidentiality In Arbitration: Beyond The Myth, Richard C. Reuben

Faculty Publications

Many people assume that arbitration is private and confidential. But is that assumption accurate? This article is the first to explore that question in the important context of whether arbitration communications can be discovered and admitted into evidence in other legal proceedings - a question that is just beginning to show up in the cases. It first surveys the federal and state statutory and case law, finding that arbitration communications in fact are generally discoverable and admissible. It then considers the normative desirability of discovering and admitting arbitration communications evidence, concluding that the free discovery and admissibility of arbitration communications …

Cia V. Sims: Mosaic Theory And Government Attitude, Christina E. Wells

Faculty Publications

In CIA v. Sims, the United States Supreme Court held that the CIA could withhold information about controversial government-sponsored psychological experiments in response to Freedom of Information Act (FOIA) requests. The Court reasoned that the requested information would reveal intelligence sources related to national defense, which were specifically protected from disclosure under the National Security Act of 1947. Accordingly, the Court concluded that the CIA could refuse to disclose the information under FOIA Exemption 3, which allows withholding of information “specifically exempted from disclosure by statute.” Numerous scholars assailed Sims, arguing that the Court's broad reading of the National Security …

2005: A Consumer Bankruptcy Odyssey, Gary Neustadter

Faculty Publications

Congress has concluded that the voyage of consumer bankruptcy in the United States is off course and that some of its crew - consumer bankruptcy attorneys and bankruptcy judges - no longer can be completely trusted at the helm. Following years of drama reminiscent of the 1914 silent film serial "Perils of Protection Act of 2005 ("the Act"). Save perhaps the 1938 introduction of Chapter XIII, the correction presents the most far reaching changes in consumer bankruptcy law since the adoption of the Bankruptcy Act of 1898. These changes come little more than a decade after Congress established a National …

The Paradox Of Personality: Mental Illness, Employment Discrimination, And The Americans With Disabilities Act, Deirdre M. Smith

Faculty Publications

Both medicine and the law devote considerable concern to drawing lines, that is, to classifying and making distinctions. In medicine, such line-drawing occurs when a person is designated healthy or ill, normal or disordered. In the law, such line-drawing determines who does and does not bear legal responsibility for a given situation. This Article reviews the demarcation drawn by psychiatry and the courts between disfavored personality and mental illness, a dichotomy not based upon empirical science and therefore, wholly susceptible to social construction and implementation. While society may pathologize noxious personalities, thus making them disabilities, it is loath to extend …

Perceptual Paths To Accurate Production Of L2 Vowels: The Role Of Individual Differences, Wendy Baker-Smemoe, Pavel Trofimovich

Faculty Publications

This study investigated whether individual differences in learners’ age of arrival (AOA) and length of residence (LOR) in a country where a second language (L2) is spoken determine the relationship between L2 perception and production. In the first experiment, 40 Korean learners of English and 10 native English speakers participated in vowel perception and production tasks in English. Results demonstrated that the relationship between perception and production depended on learners’ AOA, not LOR. In the second experiment, the same Korean learners of English participated in a vowel perception task in which they judged the accuracy of their own production of …

Parenting And Peer-Group Behavior In Cultural Context, David A. Nelson, Larry J. Nelson, Craig H. Hart, Chongming Yang, Shenghua Jin

Faculty Publications

© Cambridge University Press 2006 and Cambridge University Press, 2009. Whether specific patterns of parenting are similarly associated with child peer group behavior in diverse cultural contexts has been a fascinating topic of inquiry. From classic anthropological studies dating back to the early twentieth century to the current interest in cross-cultural studies, knowledge concerning the question of universality and cultural variation in parenting linkages to childhood adjustment has expanded at an unprecedented rate (e.g., Harkness & Super, 2002). As the general field of parenting research has uncovered distinctions in parenting styles and practices (e.g., Darling & Steinberg, 1993; Hart, Newell, …