Digital Commons Network^™

Alimony: What Social Science And Popular Culture Tell Us About Women, Guilt, And Spousal Support After Divorce, Judith G. Mcmullen

Faculty Publications

Over the past few decades, fewer divorcing women have received alimony, and when alimony awards are made, they are in declining amounts and for shorter periods of time. Conventional explanations of this trend focus on legal changes that have made divorces easier to obtain, as well as social changes that have led to larger numbers of married women in the paid workforce, and to greater social tolerance of divorce. Certainly these changes partly explain the downward trend in alimony, but they do not fully explain why alimony awards continue to decline, even among women who do not have viable job …

Timing In The Performance Of Jokes, Salvatore Attardo, Lucy Pickering

Faculty Publications

The notion of timing in humor is often mentioned as a very significant issue, and yet very little has been written about it. The paper reviews the scant literature on the subject and narrows down the definition of timing as comprising pauses and speech rate. The discussions of timing in the literature see it either as a speeding up or slowing down of speech rate. Using data collected from twenty joke performances, we show that speakers do not significantly raise or lower their speech rate at and around the punch line. The other common assumption is that punch lines are …

Ambivalence & Activism: Employment Discrimination In China, Timothy Webster

Faculty Publications

Chinese courts do not vigorously enforce many human rights, but a recent string of employment discrimination lawsuits suggests that, given the appropriate conditions, advocacy strategies, signals from above, and rights at issue, courts can help victims vindicate their constitutional and statutory rights to equality. Since 28, carriers of the hepatitis B virus (HBV) have used the Employment Promotion Law to challenge hiring discrimination. Their high success rate suggests official support for making one potent form of discrimination illegal. Central to these lawsuits is a broad network of lawyers, activists and scholars who have advocated for protecting the rights of HBV …

No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent

Faculty Publications

The principal argument for traditional marriage is that it is uniquely beneficial to children. The campaign for same-sex marriage (“SSM”) denies this argument and claims that same-sex couples are just as good as other parents; there is “no difference” between the two. This article analyzes this claim and concludes that it is unsubstantiated and almost certainly false.

The Validity Of The Levitical Food Laws Of Clean And Unclean Animals: A Case Study Of Biblical Hermeneutics, Jiri Moskala

Faculty Publications

No abstract provided.

Social Capital And Language Acquisition During Study Abroad, Dan P. Dewey, M Smith, Christophe G. Giraud-Carrier, D. Gore

Faculty Publications

We study the role of social capital in language acquisition during study abroad. Using data collected from 204 participants in Japanese study abroad programs, we show that students who leverage social capital through bridging relationships feel they achieve higher levels of language improvement. Furthermore, an analysis of the topics participants discuss with locals suggests that there are significant differences between students who have a tendency to build close-knit networks and students who cast a broader net.

A Multiple Additive Regression Tree Analysis Of Three Exposure Measures During Hurricane Katrina, Andrew Curtis, Bin Li, Brian D. Marx, Jacqueline W. Mills, John Pine

Faculty Publications

This paper analyses structural and personal exposure to Hurricane Katrina. Structural exposure is measured by flood height and building damage; personal exposure is measured by the locations of 911 calls made during the response. Using these variables, this paper characterises the geography of exposure and also demonstrates the utility of a robust analytical approach in understanding health-related challenges to disadvantaged populations during recovery. Analysis is conducted using a contemporary statistical approach, a multiple additive regression tree (MART), which displays considerable improvement over traditional regression analysis. By using MART, the percentage of improvement in R-squares over standard multiple linear regression ranges …

“Describing Our Whole Experience”: The Statistical Philosophies Of W.F.R. Weldon And Karl Pearson, Charles H. Pence

Faculty Publications

There are two motivations commonly ascribed to historical actors for taking up statistics: to reduce complicated data to a mean value (e.g., Quetelet), and to take account of diversity (e.g., Galton). Different motivations will, it is assumed, lead to different methodological decisions in the practice of the statistical sciences. Karl Pearson and W. F. R. Weldon are generally seen as following directly in Galton’s footsteps. I argue for two related theses in light of this standard interpretation, based on a reading of several sources in which Weldon, independently of Pearson, reflects on his own motivations. First, while Pearson does approach …

In Memoriam: James A. Inciardi, Professor Of Sociology & Criminal Justice And Director Of The Center For Drug & Alcohol Studies At The University Of Delaware, Wendee Wechsberg, Duane C. Mcbride, Hilary Surratt

Faculty Publications

No abstract provided.

Santa Clara Law 1911-2010: Centennial Faculty Bibliography, Mary D. Hood

Faculty Publications

Faculty scholarship represents the intellectual life of a law school. To feature our faculty‟s scholarly efforts, the reference staff at Heafey Law Library maintains a database of the published scholarship of full-time faculty and other academic staff currently in residence at Santa Clara Law. This database consists of all publications of faculty through their tenure at Santa Clara. As the law school began to make plans to celebrate its centennial birthday it seemed appropriate for the law library to contribute to the occasion. What more fitting way to mark this historic milestone than to have the library staff create a …

Normative Elements Of Parole Risk, W. David Ball

Faculty Publications

Parole boards evaluate the public safety risk posed by parole-eligible prisoners to determine whether they should be released. In this Essay, I argue that this process, at least as it operates in California, is fundamentally flawed because it asks the wrong question. Rather than ask whether an inmate poses any public safety risk, parole board officials should instead ask whether this risk is worth taking.

One way to answer this question would be to make our calculations more inclusive of all the costs and benefits of release and comparing them with the costs and benefits of retention. Elementary as this …

The “Asian” Category In Mcas Achievement Gap Tracking: Time For A Change, Philip Lee

Faculty Publications

(Excerpt)

Data gathered on Asian American students in public school by the Massachusetts Department of Elementary and Secondary Education is aggregated into one general “Asian” category, which may skew the results, both perpetuating an enduring myth and masking any true gaps that may exist for certain Asian American subgroups. As explored in this article, achievement gap tracking for the Massachusetts Comprehensive Assessment System (MCAS) is an apt example.

Family Therapy With Eastern European Immigrants: Recommendations For Practice, Mihaela Robila, Jonathan G. Sandberg

Faculty Publications

Purpose – The increased number of Eastern European immigrants provides many opportunities to work with these immigrants and issues related to immigration. The purpose of this article is to examine Eastern European immigrants’ adaptation patterns and provide recommendations for family therapy working with the group.

Design/methodology/approach – Semi-structured interviews were conducted with 120 Eastern European immigrants. Data analysis was conducted using constant comparisons.

Findings – Common immigration experiences illustrating the need for services have been identified, along with barriers that might prevent the use of social services. The results indicate similarities and differences among the different groups regarding their immigration …

Groundwater Uranium And Cancer Incidence In South Carolina, Sara E. Wagner, James B. Burch, Matteo Bottai, Robin C. Puett, Dwayne E. Porter, Susan Bolick-Aldrich, Tom Temples, Rebecca C. Wilkerson, John E. Vena, James R. Hébert

Faculty Publications

Objective

This ecologic study tested the hypothesis that census tracts with elevated groundwater uranium and more frequent groundwater use have increased cancer incidence.

Methods

Data sources included: incident total, leukemia, prostate, breast, colorectal, lung, kidney, and bladder cancers (1996–2005, SC Central Cancer Registry); demographic and groundwater use (1990 US Census); and groundwater uranium concentrations (n = 4,600, from existing federal and state databases). Kriging was used to predict average uranium concentrations within tracts. The relationship between uranium and standardized cancer incidence ratios was modeled among tracts with substantial groundwater use via linear or semiparametric regression, with and without stratification …

Digital Technology And The Variation In Design Routines: A Sequence Analysis Of Four Design Processes, James Gaskin, B. Veeresh Thummadi, Kalle Lyytinen, Youngjin Yoo

Faculty Publications

We advance a theory of design process variation across organizational types and the effects of digitalization on these processes. We argue that design routines are subject to greater variation within and between organizations as organizations embed increasingly rich repertoires of digital capabilities in their design activities. Using a sequence analysis method we compare design process variation in four organizations to examine how design routines vary due to differences in embedded digital capabilities and organization of the design process. Our analysis reveals new insights on the effects organizational context and digitalization have on design routine composition.

Leiter On The Legal Realists, Michael S. Green

Faculty Publications

In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, because he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to …

A Critical Look At The Role Of Technology As A Transformative Agent, Grinell Smith

Faculty Publications

No abstract provided.

Strategies To Disrupt Online Child Pornography Networks, Kila Joffres, Martin Bouchard, Richard Frank, Bryce Westlake

Faculty Publications

This paper seeks to determine which attack strategies (hub, bridge, or fragmentation) are most effective at disrupting two online child pornography networks in terms of outcome measures that include density, clustering, compactness, and average path length. For this purpose, two networks were extracted using a web-crawler that recursively follows child exploitation sites. It was found that different attack strategies were warranted depending on the outcome measure and the network structure. Overall, hub attacks were most effective at reducing network density and clustering, whereas fragmentation attacks were most effective at reducing the network's distance-based cohesion and average path length. In certain …

Outcomes Of Adaptive Sports And Recreation Participation Among Veterans Returning From Combat With Acquired Disability, Neil Lundberg, Jessie Bennett, Shauna Smith

Faculty Publications

The purpose of this study was to examine changes in quality of life, mood states, and sports related competence for veterans of Operation Iraqi Freedom and Operation Enduring Freedom who participated in a therapeutic adaptive sports and recreation program. The researchers hypothesized that participation would lead to increases in physical, psychological, social, and environmental QoL, increases in sports related competence, and reductions in mood disturbances such as depression and anger. A total of 18 veterans participated in one of three week-long therapeutic and adaptive sports programs in Sun Valley Idaho. Veterans responded on a pretest and posttest questionnaire. Because no …

Labor Pains In The Academy, Lisa M. Tillmann Ph.D.

Faculty Publications

This piece offers autoethnographic reflections on crossroads to which many academics come: whether to seek (or postpone or avoid) parenthood and when. The author deeply explores the personal (her own trajectories from daughter and sister to potential mother and from graduate student to full professor) in order to reflect on structural constraints associated with graduate education, the academic job market, and institutional policies and politics.

Origins Of The Social Function Of Property In Chile, M C. Mirow

Faculty Publications

In 1925, Chile was one of the first countries in Latin America to adopt a social-function limitation on property. This study traces the importance of Duguit’s work in the construction of the property provisions of the Chilean Constitution of 1925. This contribution notes the shift from the earlier expressions of property as an absolute right, as found in the Constitution of 1833, to the language of the Constitution of 1925 that submits property to “the maintenance and progress of the social order.” It tracks the debates in the drafting committees to expose the various concepts of property open to the …

Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah

Faculty Publications

This article analyzes the discourse on genocide from two angles: the legal genesis of the term in the 1940s and subsequent legal "capture" of the concept of genocide, and a recent socio-political critique of the legal meaning of genocide. The article suggests that a cross-disciplinary critique of genocidal violence not only describes the event and the victim, but also produces knowledge of them as discursive "objects." The key issue is the "surveillance" role of the outside observer, also produced as such in discursive relation to the object. At stake in this view of genocide law as epistemology is the capacity …

Progressive Trends And Impact Of The Journal Of Career Development: A Citation Analysis, Kawika Allen, Adipat Chaichanasakul, Yuhong He, Hsui-Hui Chen, Taleb S. Khairallah, Karina Ramos

Faculty Publications

As one of the four premier journals in vocational psychology, the Journal of Career Development (JCD) has published over 830 articles over the past three decades. This study examined the performance of JCD through a citation analysis and provided evaluative data for scholars publishing in the field of vocation psychology. Articles published by JCD between 1986 and 2007 were analyzed. Additional data pertaining JCD’s performance were also collected through the Journal Citation Reports. The analyses revealed a strong and growing impact of articles published by JCD on researchers and professionals. Specifically, results provided (a) the frequency and trends of JCD’s …

Religiosity, Coping, And Psychological Well-Being Among Latter-Day Saint Polynesian In The U.S., Kawika Allen, P. Paul Heppner

Faculty Publications

There is limited knowledge about coping and psychological adjustment in Latter-Day Saint (LDS) Polynesians. This study examined religiosity, collectivistic coping, and psychological well-being among 94 LDS Polynesians residing in the Midwest. As hypothesized, religiously committed LDS Polynesians were more likely to have a healthy psychological well-being and were also likely to use collectivistic coping styles, such that high helpfulness ratings on family support and religion-spirituality coping styles were significantly correlated with a positive psychological well-being. Family support also moderated the relationship between LDS Polynesians’ religious commitment and psychological well-being. Implications are discussed in terms of religiosity, culture, coping, and psychological …

The Latin American Tradition Of Legal Failure, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Religiosity, Self-Control, And Antisocial Behavior: Religiosity As A Promotive And Protective Factor, Robert D. Laird, Loren D. Marks, Matthew D. Marrero

Faculty Publications

Three hypotheses with the potential to provide information on the role of religiosity as a promotive and protective factor in early adolescence were tested. Adolescents (N = 166, M age = 13 years, 49% female, 49% European American, 45% African American) and mothers reported their own personal importance of religion and the frequency of their attendance of religious services. Greater mother importance and attendance was associated with greater adolescent importance and attendance. Mother importance was indirectly linked to adolescent antisocial behavior through adolescent importance. Less adolescent importance and attendance were associated with low self-control and low self-control was associated …

The Justification Of Positve Law In Plato, Brenner M. Fissell

Faculty Publications

This article argues that Platonic legal philosophy views positive law as justified only because of the problems inherent in human nature, and not, contra natural law thinkers, because of its rationality.

Drilling For Micro-Foundations Of Human Capital Based Competitive Advantages, Russell Coff, David Kryscynski

Faculty Publications

From the origins of the Resource Based View, scholars have emphasized the importance of human capital as a source of sustained competitive advantage and recently there has been great interest in gaining a better understanding of the micro-foundations of strategic capabilities. Along these lines, there is little doubt that heterogeneous human capital is often a critical underlying mechanism for capabilities. Here, we explore how individual level phenomena underpin isolating mechanisms that sustain human capital-based advantages but also create management dilemmas that must be resolved in order to create value. The solutions to these challenges cannot be found purely in generic …

The Gradient Nature Of S-Lenition In Caleño Spanish, Earl K. Brown, Richard J. File-Muriel

Faculty Publications

Whereas previous studies of Spanish s-weakening have relied on impressionistic coding, the present study examines temporal and gradient acoustic details in the production of /s/ by eight females from Cali, Colombia, during sociolinguistic interviews. We propose a metric for quantifying s-realization by employing three scalar-dependent variables: s-duration, centroid, and voicelessness. The results of linear regressions indicate that the dependent variables are significantly conditioned by local speaking rate, word position, following and preceding phonological context, stress, and lexical frequency. This study sheds light on how each independent variable influences s-realization acoustically. For example, as local speaking rate increases, duration, centroid, and …

Identity Negotiating: Redefining Stigmatized Identities Through Adaptive Sports And Recreation Participation Among Individuals With A Disability, Neil R. Lundberg, Stacy Taniguchi, Bryan P. Mccormick, Catherine Tibbs

Faculty Publications

The purpose of this study was to investigate the meanings and outcomes of adaptive sport and recreation participation among individuals with disabilities. In-depth open-ended interviews were conducted with 17 individuals. Analysis of the data followed qualitative data analysis and classical grounded theory utilizing line by line coding, identification of emergent themes, and identification of a core category grounded in the data. Results indicated that participants felt stigmatized and stereotyped, but their adaptive sports and recreation participation provided them with opportunities to build social networks, experience freedom and success, positively compare themselves with others without disabilities, and feel a sense of …