Digital Commons Network^™

Mired In Meyer'S Mischief A Century After Fabrication Of Constitutional Parents' Rights, James G. Dwyer

Faculty Publications

The seminal Supreme Court decisions Meyer v. Nebraska and Pierce v. Society of Sisters, now commemorated on their centenary anniversary, are odd doctrinal ducks. They are both still routinely cited as the foundation for ascribing to persons on whom the state has conferred legal parent status a right under the Fourteenth Amendment Due Process Clause of the United States Constitution. (According to Westlaw, judicial citation count for Meyer now nears 3000, and secondary-source citations have surpassed 7000.) It is a constitutional right to force states to confer on them greater legal power than the state is otherwise inclined to …

Patenting The Taboo: Sex, Drugs, And Abortion, Andrew Gilden, Sarah R. Wasserman Rajec

Faculty Publications

The patent system provides a surprisingly rich archive of the interplay between social norms and technological change. Patent law requires applicants to publicly disclose the novelty and usefulness of their inventions, thereby bringing to light areas of innovation that may have previously lived in the shadows. In other words, patent law encourages public disclosure of technologies that are taboo—developed and practiced in secret, for reasons such as social approbation, illegality, or religious sanctity. To obtain a patent for a taboo technology, patentees must establish their legitimacy as innovators while navigating cultural norms that are hostile to their fields of innovation. …

What Did Gitlow Do?, James Y. Stern

Faculty Publications

Gitlow is generally regarded as the first modern incorporation case, the genesis of both federal free speech curbs on state action and the larger project of making the same limitations that the federal Constitution imposes on the federal government applicable to the states. In both respects, moreover, it can also be seen as an important milestone in the larger twentieth century transformation of federal court practice and constitutional understanding centered on the assertion of individual rights. That linkage is no accident. For all the talk about federalism and state sovereignty in the U.S. Reports, the modern jurisprudence of constitutional rights …

Categorical Perception Of The Index Finger As An American Sign Language Phonological Construct, Lareina Hingson, Jeffrey Jack Green, Brooklyn Lorenc

Faculty Publications

In American Sign Language, specific handshapes found in the manual alphabet and/or numbering system (such as the pointed index finger—the number “1”—and its bent counterpart—the letter “x”) are assumed to be phonologically distinct under the rationale that bentness of the finger(s) constitutes a phonemic distinctive feature. This study investigates this notion, building on previous behavioral studies of American Sign Language categorical perception of bentness of the index finger. We examined varying levels of bentness between 180◦ and 90◦ using a scale ranging from the signs BLACK and SUMMER in the standard dialect. Experiment 1 found that when presented with all …

Sources Of Influence In Marriage And Parenting For Interfaith Couples, William D. Stanford, Justin J. Hendricks, Ted G. Futris, Loren D. Marks, David C. Dollahite

Faculty Publications

Interfaith marriages are increasingly common, yet research on their family dynamics and sources of influence in family functioning remains limited. Relatedly, although research highlights religion’s influence on family processes, most studies only include same-faith couples. Subsequently, we qualitatively explored the experiences of 32 happily married interfaith couples, examining their sources of guidance in marriage and parenting, reasons for rejecting influences, and the role of religion in their family functioning. We identified one theme of rejecting outside influence and five key themes/sources of influence: one another/themselves, family, friends, media/professionals, and spiritual sources. Findings emphasize similarities between interfaith couples and American families …

Testing The Effect Of Speech Separation On Vowel Formant Estimates, Joseph A. Stanley, Lisa Morgan Johnson, Earl Kjar Brown

Faculty Publications

While recent advances in sociophonetic data processing have made it possible to analyze large datasets and audio not originally intended for linguistic analysis, overlapping speech in recordings with multiple speakers continues to be an issue that results in lost data. We evaluate whether current source separation models produce audio that is clean enough to produce reliable measurements for sociophonetic analysis. We compare formant estimates from a pair of pristine recordings and merged-and-separated versions of those same recordings using the Libri2mix, Whamr16K, and WSJ02mix source separation models. Based on auditory inspection of the separated files, visualization of vowel formant estimates, and …

How Overcoming Linguistic Discrimination Benefits The World, Joseph A. Stanley, Lisa Morgan Johnson, Eve Okura Koller, Vashti Wai Yu Lee, Hallie Davidson, Valeria Prieto Hurtado, Sam Keddington, Hazel Mattson, Abigail Mueller, Sydney Jo Pederson, Maryn Perschon, Reese Rugg, Eliza Whiting

Faculty Publications

What is linguistic discrimination?

• Restricting access or opportunities based on speech (e.g., accent, pronunciation, grammatical system, tone or pitch)
• One of the last socially acceptable discriminatory practices in the international community
• A source of injustice that impacts many of God’s children every day

Linguistic discrimination is real! Here’s what it looks like…

In Healthcare:

• More questions about insurance coverage; later appointments (Wisniewski and Walker 2020)
• Lower access to mental health services (Kugelmass 2016)
• More referrals for speech therapy (Charity Hudley et. al. 2018)

In Education:

• Students receiving negative judgments from teachers (Bowie & Bond 1994; Cecil 1988; Wheeler 2019)
• Teachers …

Business Communication And Editing Students’ Evaluations Of Written Error: An Eye-Tracking Study, Matt Baker, Grant Eck, Ana Barraza, Benjamin Duffield

Faculty Publications

Using eye-tracking and interview methods, this study investigates how business communication students and editing students attend to and evaluate writing. Participants reviewed blog posts embedded with errors and judged publication readiness. While both groups visually fixated longer on errors than non-errors, business communication students were more likely to approve error-containing texts for publication. Qualitative data revealed that business communication students prioritized content while editing students prioritized surface-level issues. These findings suggest that disciplinary background informs evaluative standards, even when error-detection behavior is similar. The results carry implications for instruction in business writing and editing, especially concerning collaborative, cross-disciplinary workplace writing.

Encouraging Self-Regulation In An Online University Course For Preservice Teachers: An Intervention Study, Karen T. Arnesen, Charles R. Graham, Heather Leary, Alison I. Mcmurry

Faculty Publications

Although self-regulation (SR) has long been seen as an important educational concept, we know little about how to foster it in higher education online student populations. This research addresses this need by introducing an SR intervention into a preservice teacher course. The 30 students who participated used an intervention consisting of weekly student goal setting and self-reflection. Using data collected from a self-regulation survey, weekly reflections, final exam reflections, and interviews, all but one student indicated that the process of setting a goal weekly and especially reflecting on their actions during the week increased their self-regulation abilities. More than half …

If The Body Keeps The Score, What Happens When You Bring The Body To Work? Exploring The Health Effects Of Trauma On Human Capital, Lisa Jones Christensen, Elizabeth Embry, Arielle Badger Newman, Paul C. Godfrey

Faculty Publications

Data reveal that the physical effects of trauma exposure increasingly surface in business, social, and other settings. Exposure to trauma at any point in life can cause employee health concerns, yet many firms do not acknowledge or address this. Herein, we combine trauma theory with human capital theory to explain how manifestations of trauma exposure—hyperarousal, intrusion, and constriction—impact employee health and performance. This article outlines how each manifestation affects human capital deployment, and thus employee performance. It further demonstrates how these human capital deployment issues have individual- and unit-level performance implications. This article offers a theory linking health effects of …

Existing Personal Leadership Prototypes Versus Organizational Leadership Prototypes: How Individuals Manage Tensions Between Leading With Authenticity And Conformity During Their Socialization As Leaders In Organizations, Benjamin M. Galvin, Jeffrey S. Bednar, Archie Bates

Faculty Publications

Based on qualitative data collected at the United States Military Academy (West Point), this research enhances our understanding of how individuals manage tensions between leading with authenticity and organizational pressures for conformity, resulting from a lack of alignment between their existing personal leadership prototypes and organizational prototypes of leadership. Our theoretical model moves beyond existing research on leader identity construction− which largely treats individuals as blank slates as they construct who they will be as leaders in organizations− by highlighting how individuals learn to enact a leadership approach during socialization that fits within their personal zone of acceptable authenticity and …

Heart Rate Variability And Personality Traits As Predictors Of Arabic Language Proficiency And Gains During Study Abroad In Jordan, Kirk Belnap, Dan P. Dewey, Patrick Steffan, Annika Barrick Bickmore, Khalil Yousef

Faculty Publications

High stress predicts mood and anxiety disorders and can necessitate clinical intervention (Steffen et al., 2014). Language learners often experience high stress during intensive study abroad (SA) programs (Dewey et al., 2018), which can hinder communication (Buttaro, 2004; Peck, 1974). Acculturative stress is common among second language (L2) speakers and can coincide with stress related to the inability to communicate one’s thoughts and ideas (Savicki, 2010), further complicating communication. Therefore, reducing stress in immersive settings can be crucial due to the link between stress, L2 use, and psychological wellbeing (Dewaele & Dewaele, 2021). We report an exploratory investigation of the …

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 …

De María De Portugal A Isabel Clara Eugenia: Luisa Sigea Y El Diálogo De Dos Doncellas Como Speculum Reginae, Carmela V. Mattza

Faculty Publications

Este ensayo analiza las representaciones de poder y autoridad femeninas en el Renacimiento europeo, centrándose en la figura de Isabel Clara Eugenia. Propone que el Diálogo de dos doncellas (1552), escrito por Luisa Sigea en la corte de María de Portugal, anticipa un modelo de gobierno femenino que resuena en la imagen proyectada por la infanta como soberana. Se argumenta que esta obra puede interpretarse como un speculum reginae o «espejo de la reina», concebido para formar y orientar a las mujeres de la corte de los Austrias. Aunque el texto estaba dirigido originalmente a una infanta portuguesa, ofrece ideales …

Temporal Network Analysis Of Comorbidities Among People With Hiv In South Carolina, Yunqing Ma, Matthew Lohman Ph.D., Monique J. Brown Ph.D., Mph, Yichen Li, Xiaoming Li Ph.D., Bankole Olatosi Ph.D., Jiajia Zhang Ph.D.

Faculty Publications

Introduction: People with HIV experience a high rate of comorbidities that can complicate their health outcomes. Understanding the prevalence, interrelationships and temporal development of these comorbidities is crucial for improving health management and quality of life for people with HIV. Methods: We used a population-based cohort extracted from statewide electronic health record (EHR) data in South Carolina (SC), including 18 649 people with HIV who survived at least 1 year after HIV diagnosis between January 1, 2005, and December 31, 2020. Comorbidities and organ systems were classified using ICD-10 codes. Network analysis was performed to assess the closeness centrality among …

Permutations Minimizing The Number Of Collinear Triples, Joshua Cooper, Jack Hyatt

Faculty Publications

We characterize the permutations of Fq whose graph minimizes the number of collinear triples and describe the lexicographically-least one, confirming a conjecture of Cooper-Solymosi. This question is connected to Dudeney’s No-3-in-a-Line problem, the Heilbronn triangle problem, and the structure of finite plane Kakeya sets. We discuss a connection with complete sets of mutually orthogonal latin squares and state a few open problems primarily about general finite affine planes.

Using Games And Activities To Increase Inhibitory Control Skills In Kindergarten-Aged Children, Kailyn Lambert, Cynthia F. Dicarlo, Denise Rueter

Faculty Publications

Executive function skills are critical in early development, as they “form the foundation for children’s ability to self-regulate” (McLelland, et al., 2016, p. 242). Inhibitory control, one component of executive function, is the ability to suppress or inhibit responses to distractions when completing a task. The purpose of this study was to improve children’s inhibitory control in the classroom through ageappropriate games, which promote controlling emotions and remaining on task. Three target children were observed in the classroom they attended with their regular teacher. Baseline data revealed that the target children needed improvement on inhibitory control skills, which included controlling …

Improved Performance Of Catalysts Containing Pt, Pt-Sn, And V In The Dehydrogenation Of N-Butane By Radio-Frequency Induction Heating, Cameron L. Roman, Jonathan Lucas, James A. Dorman, Kerry M. Dooley

Faculty Publications

Due to an abundance of shale gas, manufacturers are interested in meeting increased demands for alkenes, especially n-alkenes, by the dehydrogenation of light alkanes. While the catalysts for these reactions have been studied for many years, alkene selectivity and deactivation remain challenging problems. This work addresses these problems by the substitution of a localized indirect heating method (radio-frequency induction heating, RF-IH) for more traditional process heating employing steam or burners (e.g., natural gas combustion). RF-IH has been applied to the dehydrogenation of n-butane to C4 alkenes by utilizing magnetically susceptible catalysts based on Fe/Fe3O4 susceptors. Magnetic core-shell catalysts with either …

Poromechanical Solution For One-Dimensional Large Strain Consolidation Of Modified Cam-Clay Soil, Sheng Li Chen, Hai Sui Yu, Younane N. Abousleiman, Christopher E. Kees

Faculty Publications

A theoretical model describing the one-dimensional large strain consolidation of the modified Cam-Clay soil is presented in this paper. The model is based on the Lagrangian formulation and is capable of featuring the variability of soil compressibility (inherently due to the direct incorporation of the specific Cam-Clay plasticity model) and permeability, as well as the impact of the overconsolidation ratio (OCR). The derivation starts from the establishment of the incremental stress–strain relations for both purely elastic and elastoplastic deformations under one-dimensional compression conditions, and thereafter the coefficients of compressibility/volume change that are essential to the consolidation analysis. The governing partial …

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. …

Text, Fairness, And Efficiency: The Case Against The Plausibility Standard For Affirmative Defenses, Jessica Marks, Marcus A. Gadson

Faculty Publications

Lower federal courts have struggled to answer the following question without any guidance from the U.S. Supreme Court: Does the Iqbal and Twombly plausibility standard apply to affirmative defenses? In this essay, we explain why the answer is no. We aim to provide practical guidance to the countless judges deciding whether to strike an affirmative defense. First, we argue that Rule 8’s text makes using the plausibility standard to evaluate affirmative defenses improper. Judges should pay especially careful attention to our textual analysis because the Supreme Court has placed great weight on the text’s plain meaning in recent civil procedure …

The Lawyer's Obligation As Public Citizen, Gene R. Nichol

Faculty Publications

This essay by Gene R. Nichol examines the lawyer’s duty as a “public citizen,” drawing from the ABA Model Rules’ preamble and historical, civic, and religious touchstones to argue that legal professionals bear a unique obligation to sustain democracy, the rule of law, and public confidence in justice. Situating the discussion in contemporary struggles—particularly in North Carolina—the essay details court-documented gerrymandering, voter suppression, and politicization of the judiciary, and laments the comparative silence of the institutional legal community, including bar associations, law schools, and leading firms.

Nichol juxtaposes today’s reticence with past episodes of vocal resistance (and support) from the …

The Renewed Assault On Sanctuary Cities, Rick Su, Rose Cuison-Villazor, Pratheepan Gulasekaram

Faculty Publications

This Essay outlines the challenges that sanctuary jurisdictions are facing under the second Trump Administration. The authors argue that this fight not only implicates immigration policies in this country, especially with respect to interior enforcement, but it also threatens to upend the basic structure of our federal system. The authors begin in Part I with an overview of the legal tensions underlying this sanctuary fight—between federal supremacy on the one hand and anti-commandeering on the other. This sets the stage for Part II, where the authors examine the various legal mechanisms—defunding, civil litigation, and criminal prosecution—that the Trump Administration has …

Intensive Longitudinal Models, Robert E. Ployhart, Paul D. Bliese, Sam D. Strizver

Faculty Publications

Intensive longitudinal models (ILMs) allow researchers to analyze nested data collected through frequent measurements—typically 20 or more repeated occasions—over densely spaced durations. Rather than being a single statistical approach, ILMs encompass various models unified by their capability to handle densely collected longitudinal data. We briefly summarize the nature of intensive longitudinal designs and why such designs require the use of ILMs. We then provide a classification typology to help readers understand the features of an ILM they should adopt. This classification typology provides the structure for a narrative review of existing ILM research. We conclude with specific recommendations for using …

Ready Or Not, The Deadline Is Coming! Getting Onboard With Accessible Course Content, Karen Edwards, Lena Pinkston

Faculty Publications

People with disabilities often have less engagement with and access to online resources (Lissitsa & Madar, 2018). Accordingly, the Department of Justice’s (DOJ) Final Rule (89 FR 31320, 2024) for Title II of the Americans with Disabilities Act of 1990 (ADA) requires many public educational institutions and others to comply with the Web Content Accessibility (WCAG) Guidelines Version 2.1 AA by April 24, 2026. Compliance officers and technology specialists across the country have been working to make sure institutional websites and apps meet the Guidelines. Despite spirited debate during the rulemaking process, the updated rule also requires instructional content within …

The Space Rescue Professional: Operationalizing Guardians For The Future, Benjamin Johnis, Robert Bettinger, James Dean

Faculty Publications

The escalating competition in space exploration demands a dedicated space rescue capability. This article argues for the establishment of a space rescue professional (SRP) career field within the Department of Defense and the US Space Force. By harnessing existing US Air Force combat rescue expertise and partnering with the National Aeronautics and Space Administration, the Space Force can rapidly develop a robust SRP program with the warrant officer corps as its backbone. This article addresses a critical gap in national space policy to outline a cost-effective dual-service training pipeline and SRP operational roles. Such an investment safeguards astronauts, bolsters US …

Growing Organizational Marketing, Publicity, And Outreach Strategies With Intention, Elizabeth R. Fowler, Wendy G. Pothier, Donald Dow

Faculty Publications

Marketing is a necessary function of academic libraries but is frequently deprioritized in library job descriptions and organizational structures. This article serves as a case study of how one library worked to formalize marketing efforts by moving from ad hoc committee-based work to structured positions guided by an organizational marketing plan. Sharing examples over time to show the impact of marketing efforts, the authors detail the process of creating an outline for a marketing plan, as well as new initiatives that developed through the process.

Data Literacy Competencies In Context: Employee Perspectives From The Workplace, Patricia Condon, Wendy G. Pothier

Faculty Publications

Data literacy is essential in today’s workplace, and professionals across roles and experience levels recognize its value. This article reports on findings from interviews with 16 supply chain and logistics professionals. The study examines how seven proposed data literacy competencies align with workplace needs, how employees address the data literacy gap, and how librarians can support workforce readiness. Findings highlight opportunities for libraries to bridge the data literacy gap through instruction and resources development that integrate technical and non-technical data skills with information literacy.

A Collaborative Assessment Of Coastal Ocean Acidification Monitoring In Maine & Standard Operating Procedures And Best Practices For The Collection Of Continuous Ph Data In Coastal Marine Environments, Christopher W. Hunt, Curtis Bohlen, Mike Doan, Jeremy Miller

Faculty Publications

The ‘Sensor Squad’ of the Maine Ocean Climate Collaborative is the product of a 2023 Maine Coastal and Marine Climate Action Fund grant to conduct “A two-year pilot project designed to address and overcome technological barriers to ocean acidification data collection, develop protocols to elevate quality assurance and ensure comparable data, and meet regularly to discuss project results and data compilation”. The Squad consists of representatives from Friends of Casco Bay (FOCB), Wells National Estuarine Research Reserve (WNERR), and the University of New Hampshire (UNH). This report is a summary of their efforts to assess affordable, repeatable means of continuously …

The Fifth (202-195 Bce) And The Sixth (170-168 Bce) Syrian Wars In The Dead Sea Scrolls: Implications For Understanding The Origin Of The Maccabean Revolt, Kenneth Atkinson

Faculty Publications

The rulers of the Seleucid and the Ptolemaic Empires fought six wars for control of the region known as Coele-Syria during the third and the second centuries BCE. These conflicts weakened both powers, allowing them to be conquered by the Roman Republic. For the Jews of Judea, the Fifth Syrian War witnessed increased conflicts in the country among its high priests regarding the nature of Hellenistic reforms and how to deal with the Seleucid Empire. These difficulties continued and led to the Maccabean Revolt at the conclusion of the Sixth Syrian War, which would eventually culminate in Judean independence from …