Digital Commons Network^™

Mapping Glams: Creating A National Dataset Of Glams To Develop A Categorical Climate-Change Risk Assessment Scale, Edward Benoitiii, Jill Trepanier, Jennifer Vanos, Emily Fisher, Kaitlyn Bailey, Annie Waddell, Haley Moore, Mandy Hatman, Mary Sidwell, Symonne Russell, Virginia Seger, Paige Boutte, Amanda Latta, Zoe Mohammad, Kyriel Felton, Erin Deliman, Breanna Benson-Pearce, Wendy Johnson, Allyson Russell, Baillie Pretzer, Christopher Reeder, Melissa Mcconnell, Lisa Dahlke, Kaitlynn Melear, Lillian Bodi, Savannah T. Lyle, Zach Lannes, Gwen L. Wells, Benjamin A. Teincuff, Jason M. Straight, Tiffany Rockwell, Shane T. Manthei, Jennifer L. Benner

Faculty Publications

Introduction. The PROTECCT-GLAM project aims to assess and address climate risks for U.S. galleries, libraries, archives, and museums (GLAMs). The project team began with creating a national dataset of GLAMs. Method. The project team used existing datasets that required different auditing and manipulation techniques to align its data. Following the data normalization, the master file included 77,960 entries. Analysis and Results. The project team used ArcGIS Pro to analyze a dataset of galleries, libraries, archives, and museums (GLAMs) for risk from sea level rise, finding 16,877 GLAMs within 30 kilometres of the U.S. coast, with California, New York, Maryland, Florida, …

Advances In Tropical Climatology–A Review, Flávia D.S. Moraes, Craig Ramseyer, Paul W. Miller, Jill C. Trepanier

Faculty Publications

Understanding tropical climatology is essential to comprehending the atmospheric connections between the tropics and extratropical latitudes weather and climate events. In this review paper, we emphasize the advances in key areas of tropical climatology knowledge since the end of the 20th century and offer a summary, assessment, and discussion of previously published literature. Among the key areas analyzed here, we explore the advances in tropical oceanic and atmospheric variability, such as El Niño–Southern Oscillation and the Madden-Julian Oscillation, and how those teleconnection events have helped us to better understand variabilities in tropical monsoons, tropical cyclones, and drought events. We also …

An Early Web History Of Vaccine Skeptical Digital Rhetorics, Miles C. Coleman, Will Mari

Faculty Publications

Vaccine hesitancy is a public health threat stoked by vaccine skeptical rhetorics that circulate via the Web. While there is a body of work that studies the digital rhetorical tactics of vaccine skeptics, most of this work focuses on the Web rhetorics of the “Web 2.0” era, leaving the “Web 1.0” era relatively understudied and, in turn, foreclosing opportunities to look back before moving forward in the current moment. In efforts to yield glimpses into the antecedents of digital culture that have shaped contemporary vaccine skeptical discourses, in this article, we draw on systematically sourced website “snapshots” of vaccine skeptical …

Resilience And Resourcefulness: How Crisis Centers In Louisiana Adapted Services During Covid-19, Fanny Ramirez, Ashlyn Barclay, Rockia Harris

Faculty Publications

Purpose: This article examines how crisis centers in Louisiana, USA, adapted their direct care services during COVID-19 to continue helping survivors affected by violence. Organizational resilience theory serves as the project’s main theoretical framework. As such, we report on how community- and university-based crisis centers drew on principles of resilience and resourcefulness to adapt their direct care services (e.g., crafting normalcy, putting alternative logics to work) during this difficult time. Method: We draw on 21 in-depth interviews with upper-level administrators from organizations working in violence against women conducted during the summer of 2020. The interview transcripts yielded 184 single-spaced pages …

Complementary Pre-Lateral Mergers Across Ethnicities And Generations In Georgia, Margaret E. L. Renwick, Jon Forrest, Joseph A. Stanley, Lelia Glass

Faculty Publications

No abstract provided.

Artificial Intelligence In Educational Research And Scholarship: Seven Framings, Eamon Costello, Giselle Ferreira, Stefan Hrastinski, Jason K. Mcdonald, Ahmed Tlili, George Veletsianos, Victoria I. Marin, Henk Huijser, Sharon Altena

Faculty Publications

In a recent interview (Bender et al., 2025), Professor Emily M. Bender discussed the limitations of technical solutions in addressing harmful Artificial Intelligence (AI) bias. She described a particular point we may reach at which technical solutions stop working, and when we should then widen the lens to ask about the problem framing itself. This is a crucial step in any inquiry that is of concern to both novice and experienced researchers alike: moving from problem-solving to problematisation. This commentary aims to provide educational researchers with a glimpse into the wide array of research problems and problematisation of AI in …

The Ever-Present Nature Of Christ In The Title Of Jehovah, Dan Belnap

Faculty Publications

In January 2000 the First Presidency and the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints bore testimony to the world of the reality, humanity, and divinity of Jesus Christ in a document titled “The Living Christ: The Testimony of the Apostles.” Among its many truths was the following: “He [Christ] was the Great Jehovah of the Old Testament.”1 Though this was not the first time Church leadership had declared Christ to be Jehovah, the pronouncement does reemphasize this teaching. It also emphasizes the centrality of Christ in the Old Testament. In fact, the …

Designing For Relational Ethics In Online And Blended Learning: Levinas, Buber, And Teaching Interfaith Ethics, Michael Hubbard Mackay, Jason K. Mcdonald, Andrew C. Reed

Faculty Publications

Online and blended learning (OBL) overemphasize the process of creating artifacts, producing strategies, or otherwise utilizing a “making” orientation in education. As an alternative to this making-orientation, we offer a model for relational course design founded in the philosophies of Emmanuel Levinas and Martin Buber. We examine an OBL course design focused on interfaith leadership and ethics that lends itself to the need for relational pedagogy. The focus on asymmetrical and symmetrical relationships that separate Levinas and Buber’s philosophies enable rich ways of designing relational pedagogies and for resisting the making orientation. By focusing on human relationships, we demonstrate design …

Mill Power Consumption And Fuel Particle Size Distribution While Co-Milling Bituminous Coal With Steam-Exploded Woody Biomass In A Conventional Bowl Mill, Brian Schoof, Rajarshi Roy, Regan Kuttler, Parker Latour, Scott Montgomery, Jacob Tuttle, Gwendolyn Bennett Bennett, Brian D. Iverson, Andrew Fry

Faculty Publications

The mill behavior of a 312 Combustion Engineering Raymond Bowl Mill was studied with five blends of Utah bituminous coal and steam-exploded woody biomass, ranging from 100 % coal to 100 % biomass. Mill power consumption increased with biomass content, peaking at 187 % of the power required for 100 % coal before the mill faulted at 100 % biomass. After repositioning the rollers, power consumption for 100 % biomass decreased by 13 % compared to 100 % coal. SEM images revealed that milled biomass particles were non-spherical, indicating some fibrous structure remained post steam-explosion. The particle size distribution (PSD) …

Popular Sovereignty And A Right To Know About The Government, David S. Ardia

Faculty Publications

This Article argues that the U.S. Constitution implicitly contains a structural “right to know” about the government, rooted in the doctrine of popular sovereignty rather than the First Amendment. Democratic self‑government requires public access to governmental information; without it, the people cannot exercise informed consent or their sovereign authority. The Article critiques reliance on purely statutory transparency regimes such as FOIA, noting their fragility and susceptibility to political rollback. Through historical and structural analysis, it shows that the Framers viewed an informed citizenry as essential to maintaining checks and balances. The Article proposes three principles for operationalizing a constitutional right …

Prosecuting Families, Anna Arons

Faculty Publications

Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family regulation agencies and prosecuted by lawyers employed by the government—family regulation prosecutors. Like police and prosecutors in the criminal legal system, this family regulation prosecutorial team wields immense power, particularly over race–class subjugated communities. Yet even as scholarship on criminal prosecutors and on the family regulation system has proliferated, the role of family regulation prosecutors has gone underexamined and undertheorized.

This Article offers a critical examination of the role of these family regulation prosecutors. Drawing on a variety of primary …

Dividing Trademark Use, Jeremy N. Sheff

Faculty Publications

The trademark law of the United States places special emphasis on whether and how a trademark is used in commerce. But over the long history of the Lanham Act—including some less-than-careful drafting by Congress and some aggressive acts of interpretation by the federal courts—the concept of “use” has become complicated and in many ways confused. Two recent Supreme Court cases—Jack Daniel’s Properties, Inc. v. VIP Products LLC and Abitron Austria GmbH v. Hetronic International, Inc.—reflect and in some ways exacerbate that confusion. But the opinions in these cases also expose an interesting property of “use” in trademark law …

Status, Conduct, Belief, And Message: The Wedding Vendor Cases, Mark L. Movsesian

Faculty Publications

(Excerpt)

I’d like to speak today about one of the more neuralgic episodes in the United States’s ongoing culture wars: the wedding vendor cases. These are cases in which small business owners decline, from religious conviction, to provide services for same-sex weddings. A baker declines to bake a wedding cake for a gay couple because, as a Christian, he opposes same-sex marriage and doesn’t want to participate in sinful behavior. A Christian web designer declines to create websites for same-sex weddings, since doing so would express her support for such weddings, which she doesn’t want to do. Other examples involve …

Ban Cookie Banners: A Case Study In Tech Regulation, Kate Klonick

Faculty Publications

Few experiences on the modern internet are as universally reviled as the cookie banner. They clutter websites with pop-ups, interrupt user flow, make information harder to access, and demand repetitive, meaningless clicks. What was once heralded as a tool to advance individual autonomy and privacy has, in practice, become a daily annoyance that breeds cynicism with the very concept of consent itself. Cookie banners do not empower; they weary. They do not inform; they obscure. They do not prevent surveillance; they normalize it.

The tragedy of the cookie banner is that it embodies the best intentions but worst solutionism of …

The Whiteness Of Wealth & Black Student Loan Debt, Renee Nicole Allen

Faculty Publications

On June 30, 2023, to the dismay of many anxious borrowers, the Supreme Court held that the Secretary of Education did not have the authority to cancel roughly $430 billion in federal student loan balances, thus blocking President Biden’s plan for student loan forgiveness. Despite authority delegated to the Secretary to waive or modify provisions of the Education Act to ensure low-to-middle income borrowers were not placed in a worse financial position because of the COVID-19 national emergency, the Court rejected the forgiveness plan and borrowers resumed payments in October 2023. Anti-Black racism in federal law and policy have contributed …

Emergency Oversight, Catherine Baylin Duryea

Faculty Publications

This Article examines one of the most pressing questions in administrative law: How much judicial oversight should administrative agencies face during an emergency? This issue was particularly salient during the COVID epidemic, but it is not new. The Second World War saw a significant expansion and consolidation of the power of administrative agencies as well as experimentation with the appropriate oversight role for courts. This Article analyzes one such experiment: judicial oversight of agencies implementing wartime anti-inflationary measures, i.e., price controls and rationing. During the war, Congress created a specialized court, the Emergency Court of Appeals (ECA), to hear disputes …

Securities Arbitration Case Law Update 2024–2025 (July 2025), Elissa Germaine, Anthony Rivera

Faculty Publications

(Excerpt)

This article summarizes recent cases regarding the constitutionality of FINRA and leading arbitration cases that are of particular relevance to securities arbitration practitioners.

Sffa V. Harvard: Racial Triangulation And The Invidious Myth Of Colorblindness, Philip Lee

Faculty Publications

(Excerpt)

In Students for Fair Admissions, Inc. (SFFA) v. President and Fellows of Harvard College, a case in which the Supreme Court ended the longstanding practice of race-conscious admissions in higher education, Asian Americans were used as a wedge between White people and non-Asian minorities to eradicate a mechanism that fostered greater racial diversity in student bodies in many highly selective institutions across the country. A majority of Supreme Court justices justified their decision in the name of “colorblindness.” However, the way the justices positioned Asian Americans against other people of color was not colorblind. It was consistent with …

The Criminal System Under Racial Capitalism, Sandeep Singh Dhaliwal

Faculty Publications

In 2021, major segments of the business lobby converged around a consensus for criminal system reform. As the United States experienced historic levels of labor market tightness, business groups argued for removing “barriers” to employment that system-involved people face. Just a few months later, the orientation of business to the criminal system was decidedly more mixed. By March 2022, the U.S. Chamber of Commerce, the country’s most powerful business lobby, had stepped to the forefront of the national moral panic around retail theft, launching a vigorous campaign to defend and even strengthen criminal punishment across the country.

Anchoring its analysis …

Queers, Closets, And Corporate Governance, Darren Rosenblum

Faculty Publications

The past few years have seen several corporate diversity initiatives that include Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ+) people. In 2020, Nasdaq, the world’s second-largest stock exchange, and California, the largest state, both adopted rules to encourage board diversity for underrepresented groups, including LGBTQ+ people. Since that time, the Los Angeles Superior Court struck down California’s law, the Fifth Circuit invalidated Nasdaq’s rule, and the Trump administration initiated a slew of anti-Diversity Equity and Inclusion (DEI) and anti-LGBTQ+ measures. In the context of this sharp ideological turn, this Article attempts to step back and tackle a larger question: how can …

Getting The Reader To Say “Yes”: Applying Negotiation Principles From The Books Getting To Yes And Getting Past No To Achieve Effective And Persuasive Legal Writing, Patricia G. Montana

Faculty Publications

This Article explores the relationship between the strategies of principled negotiation and effective persuasive legal writing as articulated in the best-selling books, Getting to Yes and Getting Past No. Though there is substantial scholarship advocating adding a negotiation component to legal writing instruction, there is little scholarship addressing how to apply the concepts of principled negotiation to persuasive writing itself. In this Article, the Author explains the foundational concepts of principled negotiation and then shows how they relate and apply to drafting an effective piece of persuasive legal writing. Looking at written advocacy through a negotiation lens reinforces good …

The Case For Specific Performance Of Personal Service Contracts, Kimberly D. Krawiec, Nathan B. Oman

Faculty Publications

The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time, there is a well-developed literature suggesting that specific performance is often a superior remedy to money damages, and those arguments apply with equal or greater force to personal service contracts. We, therefore, argue that this per se rule is mistaken. The per se rule has been justified by the need to avoid involuntary servitude, preserve personal autonomy, and husband judicial resources. We argue that these claims cannot justify a per se rule against specific performance, particularly as at-will …

Rheological Characterization And Printability Of Sodium Alginate–Gelatin Hydrogel For 3d Cultures And Bioprinting, Mohan Kumar Dey, Ram V. Devireddy

Faculty Publications

The development of biocompatible hydrogels for 3D bioprinting is essential for creating functional tissue models and advancing preclinical drug testing. This study investigates the formulation, printability, mechanical properties, and biocompatibility of a novel Alg-Gel hydrogel blend (alginate and gelatin) for use in extrusion-based 3D bioprinting. A range of hydrogel compositions were evaluated for their rheological behavior, including shear-thinning properties, storage modulus, and compressive modulus, which are crucial for maintaining structural integrity during printing and supporting cell viability. The printability assessment of the 7% alginate–8% gelatin hydrogel demonstrated that the 27T tapered needle achieved the highest normalized Printability Index (POInormalized = …

Assessing Government Transparency: An Analysis Of South Dakota's Open Records And Meeting Laws, Neil Fulton, Sarah Kammer, Patrick Garry

Faculty Publications

Government transparency is crucial for an effective and responsive democracy. The pursuit of such transparency underlies state open records and meetings laws. South Dakota’s open records law strives to open government records to the public. However, it also contains an array of exceptions that prevent the disclosure of certain records. When denied access to government records, the public possesses a statutory right of appeal. This article examines the workings of that appeal process. Open meetings laws also serve to give the public a role in government deliberations and to make those deliberations transparent. Those laws, including South Dakota’s law, provide …

International Society Of Sports Nutrition Position Stand: Β-Hydroxy-Β-Methylbutyrate (Hmb), John A. Rathmacher, Lisa M. Pitchford, Jeffrey R. Stout, Jeremy R. Townsend, Ralf Jäger, Richard B. Kreider, Bill I. Campbell, Chad M. Kerksick, Patrick S. Harty, Darren G. Candow, Brandon M. Roberts, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak, Douglas S. Kalman, Jose Antonio

Faculty Publications

Position Statement: The International Society of Sports Nutrition (ISSN) bases the following position stand on an analysis of the literature regarding the effects of β-Hydroxy-β-Methylbutyrate (HMB). The following 12 points have been approved by the Research Committee of the Society: 1. HMB is a metabolite of the amino acid leucine that is naturally produced in both humans and other animals. Two forms of HMB have been studied: Calcium HMB (HMB-Ca) and a free acid form of HMB (HMB-FA). HMB-FA appears to lead to increased appearance of HMB in the bloodstream when compared to HMB-Ca, though recent results are mixed. 2. …

The Development Of A Rag-Based Artificial Intelligence Research Assistant (Aira), Hamid Vakilzadeh, David A. Wood

Faculty Publications

No abstract provided.

Browsing Within An Academic Library, Holt Zaugg, Jillian Bunderson

Faculty Publications

Purpose – Browsing library resources is a method long used by researchers to expand their understanding of ill-defined projects and to have serendipitous research discoveries. This study sought to understand the browsing activities of students in an academic library. Design/methodology/approach – The study used two methods. First, a link to an online survey was posted on posters throughout the library inviting students to share their browsing experience. Second, library security officers (student employees) were asked to count the number of people browsing within the stacks as they conducted their hourly walk-throughs of the library. Browsing was broadly defined as anyone …

The Information Content Of Private Information Acquisition: Evidence From Foia Requests To The Sec, Dichu Bao, Janja Brendel, Michael S. Drake, Lixin (Nancy) Su

Faculty Publications

We analyze Freedom of Information Act (FOIA) requests submitted to the Securities and Exchange Commission (SEC), focusing on the value-relevance hypothesis and the directtrading hypothesis. Our empirical analysis reveals nuanced value relevance associated with different types of requests: Requests related to ongoing investigations and submitted by anonymous requesters are negatively correlated with future returns, while requests from investment firms and intellectual property firms predict positive future returns. Our findings also provide some support to the direct-trading hypothesis, showing that investment firms increase holdings of stocks for which they have filed FOIA requests, and short sellers exhibit heightened activity following requests …

Variation In Early 20th Century Rural Utah English, Joseph A. Stanley, Hallie Davidson

Faculty Publications

Utah English Pronunciation

Early 20th Century Utah English:

• Early work (Cook 1969, Helquist 1970) compares rural Utah to Salt Lake City.
• Bowie (2003, 2008, etc.) analyzes archival recordings of religious sermons.
• Primary focus in those studies: the decline of the CORD-CARD merger.

Introducing the Kohler Tapes

Background:

• Norm Kohler, a middle school teacher in Heber in 1980s–2000s.
• He had students to interview a local older person, like a grandparent.
• He provided questions to ask, akin to sociolinguistic interviews.
• Collected 1200+ cassette tapes.
• Intended to write a history based on these oral narratives.

Processing:

• Digitized in 2021 at BYU’s Office of …

Studying Repeat Victimization: A Consideration Of Measurement Issues, Christi Metcalfe, Robert Brame, Tara E. Martin, Angela R. Gover

Faculty Publications

Decades of research have recognized the phenomenon of repeat victimization and its policy relevance. Although there are continuing efforts to explain the theoretical underpinnings of repeat victimization, there are still measurement-related issues that limit our understanding of the topic and ability to inform interventions, including varying operational definitions, data constraints, and sampling and nonsampling error. In this article, we review theoretical advances in the literature over the past decade, propose operationalizations that can foster greater consistency across studies, comprehensively assess the data constraints around commonly used public data sources to study repeat victimization, and empirically demonstrate how one of these …