Digital Commons Network^™

Establishment’S Political Priority To Free Exercise, Marc O. Degirolami

Faculty Publications

Americans are beset by disagreement about the First Amendment. Progressive scholars are attacking the venerable liberal view that First Amendment rights must not be constricted to secure communal, political benefits. To prioritize free speech rights, they say, reflects an unjust inflation of individual interest over our common political commitments. These disagreements afflict the Religion Clauses as well. Critics claim that religious exemption has become more important than the values of disestablishment that define the polity. Free exercise exemption, they argue, has subordinated establishment.

This Article contests these views. The fundamental rules and norms constituting the political regime—what the Article calls …

The American Jewish Family, David C. Dollahite, Trevan G. Hatch, Loren D. Marks

Faculty Publications

The authors are family scholars who study the nexus of religion and family relationships ( Dollahite and Marks, 2020 ; Marks, Hatch, and Dollahite, 2018 ). We have conducted inhome, in- depth interviews (about two hours each) with 30 Jewish couples and families across several states. In this chapter we share many fi rst- person quotations about ritual and practice in Jewish families from three major branches of Judaism: Conservative, Orthodox, and Reform. A unique aspect of these quotes is that a number are from observant Jewish children, youth, and young adults, a group that has been largely overlooked in …

Addressing Big Tech's Market Power: A Comparative Institutional Analysis, Thomas A. Lambert

Faculty Publications

This Article provides a comparative institutional analysis of the three leading approaches to addressing the market power of large digital platforms: (1) traditional antitrust law, the approach thus far taken in the United States; (2) ex ante conduct rules, the approach embraced by the European Union's Digital Markets Act and several bills under consideration in the U.S. Congress; and (3) ongoing agency oversight, the approach embraced by the United Kingdom with its newly established "Digital Markets Unit." After identifying the general advantages and disadvantages of each approach, the Article examines how they are likely to play out in the context …

Predicting And Explaining Pre-Service Teachers’ Social Networking Technology Adoption, Nandita Gurjar, Stephen Sivo

Faculty Publications

This research study examined pre-service teachers’ (N=250) intentions to adopt Twitter for professional development. The study used the Technology Acceptance Model to test research hypotheses grounded in the literature. The data were collected with a survey questionnaire and analyzed with Structural Equation Modelling. Findings indicated that ease of use, subjective norms, and perceived connectedness explained the variability in intentions to use Twitter. Perceived mobility, mediated through perceived behavioral control, explained participant differences in the perceived ease of use. Implications for stakeholders include highlighting the role subjective norms and mobile applications play in facilitating the ease of use and connectedness because …

Courts As Auditors Of Legislation?, Daniel Pi, Giampaolo Frezza, Francesco Parisi

Faculty Publications

Sources of law vary greatly across geography and human history. Some legal systems identify democratic lawmaking with political deliberation, while others rely on judicial process and judge-made law. This Essay argues that the normative problem of determining a hierarchy of legal sources may be usefully understood in terms of mechanism design, and that legislation and judicial precedent operate complementarily. If the ultimate policy objective is to create legal rules that reflect the "will of the people," judge-made law can function as an audit on the rules promulgated by elected legislatures. The two sources of law, working in conjunction, thereby correct …

Impressions Matter More Than Privacy: The Moderating Roles Of Affordances In The Relation Between Social Anxiety And Online Safety- Seeking Behaviors, Xue-Qin Yin, Sebastian Scherr, Lin Jin, James Gaskin, Jin-Liang Wang

Faculty Publications

Though socially anxious individuals tend to seek safety, little is known about whether this relationship depends on context, including the affordances of social networking sites (SNSs) to provide anonymity and publicness, and whether safety-seeking can be explained by impression management, privacy calculus or both. Based on the psychobiological model of social anxiety, we conducted two studies (Study 1: N = 103, Study 2: N = 1,184) to examine the contextual dependence of safety-seeking behaviors and to disentangle which types of concerns mediate the effect of social anxiety on safety-seeking behaviors. Results indicated that socially anxious individuals tend to seek safety …

Where Have All The Children Gone? A Review Of The Presence Of Children Under 6 Years In Leisure Publication Outlets, Rachel A. Mcgovern, Ericka J. Olschewski, Camilla Hodge

Faculty Publications

We conducted a focused search of nine pre-determined leisure journals to (1) determine the prevalence and scope of research on children younger than 6 years (i.e., young children) published in leisure- focused outlets, (2) describe study designs and research methods used to study this age group, (3) tabulate definitions of child leisure, and (4) provide an overview of the studies’ findings. Overall, findings indicate a marked absence of young children from leisure research. Only 28 articles in almost half a century of leisure journal publications met inclusion criteria. Eight studies focused on children as the subject or participant, five articles …

Experience Design And The Origins And Aims Of Leisure Studies: Shifting The Focus From Context To Experience, Mat D. Duerden

Faculty Publications

This article, adapted from the 2019 Butler Lecture at the NRPA National Research session, provides an overview of the origins, development, and potential future trajectory of the field of leisure research. Economic and societal trends of the last few decades may signal the need for the field to intentionally transition its focus on leisure as a context to leisure as an experience. More specifically the field needs to actively consider how insights gained from 60 years of research on leisure experiences can be applied to contexts beyond leisure. To illustrate the possibility of such a shift, lessons learned from transitioning …

Fundamental Criminal Procedure (2022 Edition), Fredric I. Lederer

Faculty Publications

Fundamental Criminal Procedure explores American criminal procedure in a format ultimately destined for electronic publication. Because many students devote a great deal of their class time to taking notes, often at the expense of creative analysis, the text is intended to supply all of the necessary “black letter law” needed for mastery of the subject. The materials are, however, far more than a “study aid.” They emphasize where appropriate the crucial philosophical and policy questions and issues inherent in the subject. Periodic “Review Questions” require understanding application of academic material in a pragmatic context. “Legal Briefs” require the student to …

The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer

Faculty Publications

Most people are unaware how much public policy is either lacking in any empirical-research support or driven by bad research. Political actors motivated by ideology or donor/constituent demands propose new government practices—in areas ranging from policing to funding of treatments for gender dysphoria in youth to welfare-qualification rules—that will greatly impact people’s lives, and if anyone asks what basis they have for thinking the impact will be good, they can readily find some study to support their case. Especially when powerless populations are put at risk, neither the legislative process nor peer review in the publication process provides a real …

Measuring Social Connectedness During Shared Leisure Activities Using Oxytocin: A Comparison Of Sampling Urine Versus Saliva, Karen K. Melton, Camilla Hodge, Madeline L. Haron, Maria Boccia

Faculty Publications

Leisure experiences are often associated with social connectedness. One measure of social connection underutilized in leisure studies is the neurohormone oxytocin. This methodological note considers issues researchers need to address when incorporating oxytocin in their study design. Noninvasive sources for sampling oxytocin include saliva and urine; however, the decision about which method to employ is not well documented. This study provides the first methodological note on collecting oxytocin in leisure studies and provides a comparison of urine vs. saliva measures for oxytocin in the context of leisure activities. Our findings indicate that urine samples are more sensitive to oxytocin change …

Trademark Law And Consumer Constraints, Laura A. Heymann

Faculty Publications

Trademark law’s focus is on the consumer. Both the trademark literature and the marketing literature, however, tend to assume a consumer with few constraints on economic or cognitive processing resources. For example, scholars have argued that some confusion in the marketplace is not only inevitable but is also an overall positive in that encountering confusion trains consumers to be more resourceful and to learn how to interpret marketing communications more carefully. But not all consumers have the same level of cognitive and economic resources. Disadvantaged consumers—such as those not literate in the English language, those with lower socioeconomic status, and …

The Religious Communication Approach And Political Behavior, Paul Djupe, Jacob R. Neiheisel

Faculty Publications

No abstract provided.

Divine Attribution? The Interaction Of Religious And Secular Beliefs On Climate Change Attitudes, Paul Djupe, Ryan P. Burge

Faculty Publications

No abstract provided.

Discussion Of ‘The Effect Of Changes In Income Shifting On Affiliate Managers’ Internal Reporting Decisions, Zackery D. Fox, Ryan J. Wilson

Faculty Publications

Klassen and Valle Ruiz (hereafter KVR) investigate an interesting question that has not been explored in existing research. Specifically, they look at the effect of a change in income shifting strategy on affiliate managers’ internal reporting choices. The paper adds to a growing category of the tax accounting literature examining the consequences of multinational enterprises (MNEs) tax-motivated income shifting for various stakeholders. KVR turn their focus within the firm by testing whether distortions caused by tax-motivated income shifting alter affiliate managers’ internal reporting behavior.

An Institutional Theory Perspective On Ehr Engagement: Mandates, Penalties, And Enforcement, Mark J. Keith, Elina Chun Stewart, Tevin Stewart, Mitchell Josephson, Bob Cash, Connor Bice

Faculty Publications

Electronic Health Record (EHR) systems are the predominant information system (IS) used by healthcare clinicians and have been the source of both great success and pain. User engagement with EHR systems is unique from traditional IS contexts in significant ways. Prior research explains EHR usage and success primarily on traditional technology acceptance research (i.e., TAM, UTAUT). However, these models assume that EHR engagement is no different from IS systems in general business domains. Yet, the healthcare context is far more regulated than most. Based on qualitative focus group sessions with a leading healthcare analytics firm (KLAS Research), we identify the …

A Textual Analysis Of Logograms In Chinese Ipo Roadshows: How Agreement Between Investors And Management Relates To Pricing And Performance, James C. Brau, James Cicon, Stephen R. Owen

Faculty Publications

We analyze the interaction between management and investors during Chinese IPO roadshows through Jaccard Similarity analysis of written Chinese logograms. We provide evidence that when agreement is high, investor optimism increases, leading to relatively large first-day underpricing. We further show that high agreement biases investors to systematically overestimate IPO prospects leading to poor long-run abnormal performance. Jaccard Similarity is different from current content analysis methodologies because it is language and culture agnostic, requiring no a priori construction of thematic dictionaries. Elimination of such dictionaries removes the danger that the researcher has imposed predispositions upon the study.

Strength In Numbers: A Field Experiment In Gender, Influence, And Group Dynamics, Olga B. Stoddard, Christopher F. Karpowitz, Jessica Preece

Faculty Publications

Policy interventions to increase women’s presence in the workforce and leadership positions vary in their intensity, with some including a lone or token woman and others setting higher quotas. However, little is known about how the resulting group gender compositions influence individuals’ experiences and broader workplace dynamics. In this paper, we investigate whether token women are disadvantaged compared to women on majority-women mixed-gender teams. We conducted a multi-year field experiment with a top-10 undergraduate accounting program that randomized the gender composition of semester-long teams. Using laboratory, survey, and administrative data, we find that even after accounting for their proportion of …

Religious Affiliation’S Association With Suicidality Across Sexual Orientations And Gender Identities, W. Justin Dyer, Michael A. Goodman

Faculty Publications

The objective was to replicate and extend earlier findings examining the intersection of sexual orientation and religious affiliation predicting suicidality. Current analyses used updated data and extended prior work by examining how affiliation relates to suicidality for transgender individuals. Data were collected in 2021 from 46,562 adolescents and were representative of Utah adolescents in grades 8, 10, and 12. In regressions, affiliation predicted suicidality and subsequent models added demographics, family functioning, drug use, feeling socially integrated, and interaction terms between sexual orientation, gender identity, and affiliation. In baseline models, affiliation was related to fewer mental health difficulties. When including drug …

Trust In Science: The Crisis Of Expertise As An Ideological, And Not Only A Scientific Controversy, David S. Caudill

Faculty Publications

Within the so-called "culture wars" dividing our nation politically, there is a law-related division over the trustworthiness of consensus science-the so-called "crisis of expertise." When the science concerning climate change, mask-wearing, or vaccinations becomes politicized, it loses its mooring in scientific evidence and impacts the effectiveness of regulatory law. Perhaps counter-intuitively, however, the solution is likely not to wear "Because Science" t-shirts while insisting on "cold, hard facts" and diagnosing as stupid those who believe the scientific theories of marginalized, minority-view scientists. Indeed, a certain level of modesty-regarding the uncertainties and tentativeness of even the best science-is necessary for the …

Superior Status: Relational Obstacles In Law To Racial Justice And Lgbtq Equality, Osamudia James

Faculty Publications

Animus and discrimination are the two legal lenses through which in-equality is typically assessed and understood. Insufficient attention, however, is paid to the role of status in animating inequality, even in landmark cases thought to be equality-promoting. More than an animating force between intractable po-litical conflicts, status also informs the development of equality law in the United States. When courts, advocates, and policymakers affirm, ignore, miss, or con-cede to status hierarchies instead of dismantling them, those groups that perceive a decrease in their status relative to others will only use “equality-promoting” doctrine to rebalance status hierarchy in their favor. Public …

Racial Capitalism In The Civil Courts, Tonya L. Brito, Kathryn A. Sabbeth, Jessica K. Steinberg, Lauren Sudeall

Faculty Publications

This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket settings, including civil courts.

The lens of racial capitalism enriches access to justice scholarship by explaining how and why state civil courts subordinate racialized groups and individuals. Civil cases are often framed as voluntary disputes among private parties, yet many racially and economically marginalized litigants enter the civil legal system involuntarily, and the state …

The Anti-Parent Juvenile Court, Barbara A. Fedders

Faculty Publications

This Article identifies and analyzes features of the juvenile delinquency court that harm the people on whom children most heavily depend: their parents. By negatively affecting a child’s family—creating financial stress, undermining a parent’s central role in rearing her child, and damaging the parent-child bond—these parent-harming features imperil a child’s healthy growth and development. In so doing, the Article argues, they contravene the juvenile court’s stated commitment to rehabilitation.

In juvenile court, fees and fines are assessed against parents, who also often must incur lost wages to comply with court orders. In addition, while youths of all economic backgrounds and …

Collaboration, Policies, And Programming: Advising Administrators’ Perspectives On Academic Recovery, Pietro Sasso, Shelley Price-Williams, Tiffany Shemwell

Faculty Publications

Colleges and universities use academic recovery programs as one strategy to improve student retention. Relying on interview data with mid-level academic advising administrators who coordinate academic recovery programs, this study describes key elements of those programs and challenges advising administrators face in implementing or managing those elements. Specifically, academic recovery programs rely on campus collaboration, administering policy, and supplemental programming to help students succeed. Administrators cited a lack of institutional support and resources as barriers to successfully implementing or creating collaboration, policies, and programming. We conclude by discussing implications for practice and suggestions for improving academic probation and recovery programs.

Immune-Related Genes Of The Larval Holotrichia Parallela In Response To Entomopathogenic Nematodes Heterorhabditis Beicherriana Lf, Ertao Li, Jianhui Qin, Honglin Feng, Jinqiao Li, Xiaofeng Li, Innocent Nyamwasa, Yazhong Cao, Weibin Ruan, Kebin Li, Jiao Yin

Faculty Publications

Background: Entomopathogenic nematodes (EPNs) emerge as compatible alternatives to conventional insecticides in controlling Holotrichia parallela larvae (Coleoptera: Scarabaeidae). However, the immune responses of H. parallela against EPNs infection remain unclear. Results: In present research, RNA-Seq was firstly performed. A total of 89,427 and 85,741 unigenes were achieved from the midgut of H. parallela larvae treated with Heterorhabditis beicherriana LF for 24 and 72 h, respectively; 2545 and 3156 unigenes were differentially regulated, respectively. Among those differentially expressed genes (DEGs), 74 were identified potentially related to the immune response. Notably, some immune-related genes, such as peptidoglycan recognition protein SC1 (PGRP-SC1), pro-phenoloxidase …

Experimental Investigation Of The Aerodynamics Of A Large Industrial Building With Parapet, Aly Mousaad Aly, Matthew Thomas, Hamzeh Gol-Zaroudi

Faculty Publications

The aerodynamic performance of a roof depends significantly on its shape and size, among other factors. For instance, large roofs of industrial low-rise buildings may behave differently compared to those of residential homes. The main objective of this study is to experimentally investigate how perimeter solid parapets can alter the flow pattern around a low-rise building with a large aspect ratio of width/height of about 7.6, the case of industrial buildings/shopping centers. Solid parapets of varied sizes are added to the roof and tested in an open-jet simulator in a comparative study to understand their impact on roof pressure coefficients. …

Integrity, Freedom, And Trust – A Comprehensive Understanding Of Corruption And Its Effect On Human Rights, Nelu Burcea, Lucile Sabas, Carlos Biaggi

Faculty Publications

Book of Abstracts, UNEQUAL WORLD Conference Third Edition

Assessing Population Exposure To Coastal Flooding Due To Sea Level Rise, Matthew E. Hauer, Dean Hardy, Scott A. Kulp, Valerie Mueller, David J. Wrathall, Peter U. Clark

Faculty Publications

The exposure of populations to sea-level rise (SLR) is a leading indicator assessing the impact of future climate change on coastal regions. SLR exposes coastal populations to a spectrum of impacts with broad spatial and temporal heterogeneity, but exposure assessments often narrowly define the spatial zone of flooding. Here we show how choice of zone results in differential exposure estimates across space and time. Further, we apply a spatio-temporal flood-modeling approach that integrates across these spatial zones to assess the annual probability of population exposure. We apply our model to the coastal United States to demonstrate a more robust assessment …

Exploring Rural Engineering Students’ College Choice Process At Two Land-Grant Universities, Rachel E. Worsham, Ashley B. Clayton, Joy Gaston Gayles

Faculty Publications

This qualitative case study examines the college choice decisions of rural students enrolled in engineering majors to understand what conditions and experiences led rural students to pursue engineering at their institution. We found four themes that help illuminate rural engineering students’ college choice journeys (1) The Inextricable Nature of College, Major, and Career Choice (2) “The Smart Person Thing to Do:” The Power of Prestige, (3) “Are You Sure You Don’t Want to Change your Major?” Dissonance Between Aspirations and Expectations, and (4) School and Community as Crucial Resources in College and Major Exploration. These findings have implications for those …

The Effects Of The Pe Teacher Knowing And Using Student Names In Pe Class: A Qualitative Investigation, David C. Barney, Teresa Leavitt

Faculty Publications

We have each been given a name. With this given name we are known among our families, friends and other associates. Our name becomes an integral part of our identity. A common and important place where a person is addressed by name is in educational school settings, more specifically in a school setting, including in physical education (PE) classes. The physical education setting offers many opportunities for teachers and students to use student names. The purpose of this study was to investigate the use of PE teachers using their student’s given name, along with how it affects students. For this …