Digital Commons Network^™

Civil Disobedience In Latter-Day Saint Thought, Nathan B. Oman

Faculty Publications

The twelfth article of faith declares, “We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law” (A of F 1:12). On its face, this statement seems to be an unqualified acceptance of legal authority, one that would suggest that Latter-day Saints ought to shun civil disobedience. However, a closer look at Restoration scripture, teachings, and experience reveals a more complicated picture. To be sure, law-abidingness has long been central to the Saints’ identity, particularly in the twentieth and twenty-first centuries, and like the New Testament, Restoration scripture generally accepts the need to …

Legal And Administrative Pitfalls That May Confront Climate Regulation, Jonathan H. Adler

Faculty Publications

This paper surveys the legal vulnerabilities and administrative obstacles to the rapid adoption of regulatory measures capable of achieving meaningful GHG reductions. This analysis does not purport to identify which climate policies would be the most effective in the abstract, or in the absence of administrative and legal constraints. Nor does this paper make any claims about what sorts of measures can pass Congress now or in the future. Rather, this analysis seeks to inform the choice of climate strategies by highlighting the risks faced by climate measures once they are enacted by Congress or promulgated by federal regulatory agencies. …

Race-Conscious Jury Selection, Anna Offit

Faculty Publications

Among the central issues in scholarship on the American jury is the effect of Batson v. Kentucky (1986) on discriminatory empanelment. Empirical legal research has confirmed that despite the promise of the Batson doctrine, both peremptory strikes and challenges for cause remain tools of racial exclusion. But these studies, based on post facto interviews, transcript analysis, and quantitative methods offer little insight into Batson’s critical impact on real-time decision-making and strategy in voir dire. If we increasingly know what kinds of juries are produced in the post-Batson world, we know very little about how they are produced.

This …

Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit

Faculty Publications

Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on American Bar Association Model Rule of Professional Conduct 8.4(g), which regulates professional misconduct, this Article argues that ethics rules may, under certain conditions, deter the exclusionary practices of legal actors. Part I examines the specific history, evolution, and application of revised Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …

The Evidence Rules That Convict The Innocent, Jeffrey Bellin

Faculty Publications

Over the past decades, DNA testing has uncovered hundreds of examples of the most important type of trial errors: innocent defendants convicted of serious crimes like rape and murder. The resulting Innocence Movement spurred reforms to police practices, forensic science, and criminal procedure. This Article explores the lessons of the Innocence Movement for American evidence law.

Commentators often overlook the connection between the growing body of research on convictions of the innocent and the evidence rules. Of the commonly identified causes of false convictions, only flawed forensic testimony has received sustained attention as a matter of evidence law. But other …

Who Gets ‘To Guru’? Scientist Ted Speakers And The Role Of Collective Identity In Peer Evaluation Of Audience Diversification, Brian P. Reschke, Taeya M. Howell

Faculty Publications

As producers diversify to additional audiences, they invite scrutiny of themselves and the products they provide, both by external evaluators as well as peer producers. We argue that in certain conditions, audience diversification may suggest producers represent their producer group, prompting special scrutiny by peers. In these cases, peer evaluation of diversification depends on the correspondence between the identity of the diversifying producer and the collective identity of the producer group, such that peers sanction non-prototypical producers and support exemplary producers. We develop and test hypotheses in the context of science, examining how appeals to the general public—giving a TED …

The Sovereign In Commerce, Kate Sablosky Elengold, Jonathan D. Glater

Faculty Publications

The federal government is increasingly a commercial actor, providing retail services directly through its own agencies and indirectly through privatesector contractors. Government involvement with and in the private sector is intended to capitalize on the expertise and efficiency of businesses, benefit taxpayers, and promote public ends. Yet this involvement also confers advantages that benefit the executive branch and its contractor allies at the expense of consumers and states. Our prior work in these pages examined how a muddle of doctrines that form a sovereign shield can be exploited by contractors and the executive branch to evade civil liability and regulatory …

War Powers Abrogation, Jeffrey M. Hirsch

Faculty Publications

The United States’ peacetime security is based entirely on its all-volunteer armed forces. These volunteers, split equally between full- and part-time servicemembers, risk not only their health and safety, but also their economic stability when they are called away from home for training or active duty. Servicemembers’ duties also interfere with the demands of employers, creditors, and government agencies—which can result in job losses, financial difficulties, and other costs. As a result, the federal government has long used its constitutional war powers to enact legislation protecting servicemembers from many of these hardships. These statutes provide employment leave and antidiscrimination protection, …

Separation Of Powers Versus Checks And Balances In The Criminal Justice System: A Response To Professor Epps, Carissa Byrne Hessick

Faculty Publications

No abstract provided.

The Mark Of Policing: Race And Criminal Records, Eisha Jain

Faculty Publications

This Essay argues that racial reckoning in policing should include a racial reckoning in the use of criminal records. Arrests alone—regardless of whether they result in convictions—create criminal records. Yet because the literature on criminal records most often focuses on prisoner reentry and on the consequences of criminal conviction, it is easy to overlook the connections between policing decisions and collateral consequences. This Essay employs the sociological framework of marking to show how criminal records entrench racial inequality stemming from policing. The marking framework recognizes that the government creates a negative credential every time it creates a record of arrest …

The Surprising Significance Of De Minimis Tax Rules, Leigh Z. Osofsky, Kathleen Delaney Thomas

Faculty Publications

De minimis tax rules — rules that eliminate tax burdens for low-income taxpayers or low-dollar transactions — abound in the tax law. Despite the prevalence of such rules, legal scholarship has treated them as — well — de minimis, or as mere rounding errors that do not merit sustained attention. This perspective is understandable. If de minimis rules address insignificant taxpayers or tax liabilities, aren’t the rules themselves likely to be insignificant? Recent tax law developments have revealed that this conception of de minimis tax rules is deeply misguided. Major allocations of tax law liability, as well as accompanying questions …

Piercing The (Sovereign) Veil, W. Mark C. Weidemaier

Faculty Publications

Sovereign nations own more than ten percent of the world's largest firms and use these ownership stakes to pursue economic, social, and political objectives unrelated to profit maximization. Sovereign nations also have unique powers and attributes that ordinary owners lack. Sovereigns do not need an owner's control rights to direct entity behavior; they have the power to regulate. Sovereigns do not need an owner's economic rights to extract value; they have the power to tax. And sovereigns do not need to hide behind the principle of limited liability, which protects owners of limited liability entities; they have sovereign immunity in …

Special Interests In Prosecutor Elections, Carissa Byrne Hessick, Nathan Pinnell

Faculty Publications

While much has been written about money in politics generally, little attention has been paid to money in prosecutor elections specifically. This Symposium Article aims to identify the special interests at play in prosecutor elections. Using an original nationwide dataset of campaign contributions in prosecutor elections, it also seeks to provide insight into the extent of special interests' financial power in those elections.

In accomplishing these two tasks, this Article grapples with the incongruence between ordinary theories of special interests and the office of prosecutor. Most theories have been developed to describe and explain how special interests seek to influence …

Reading Magna Carta: Textualist Or Originalist?, John V. Orth

Faculty Publications

Debates concerning the proper method for reading legal texts did not begin in the modern era. In fact, they have been going on in our legal tradition for hundreds of years. One of the oldest, and most consequential, debates concerns the meaning of Magna Carta, the “big charter,” reluctantly granted by King John in 1215 in response to the demands of his rebellious barons. Many of its provisions, called chapters, resolved disputes that quickly became dated – very dated.

Although Magna Carta has by now receded too far into the past for us to be confident of its exact meaning, …

Teaching Italian Romanticism Through Philately And Choral Works, Ilona Klein

Faculty Publications

Philately and choral works can be excellent integrative pedagogical tools when teaching Italian Romanticism at the undergraduate level. In the classroom, postage stamps provide an historical narrative for students and can help clarify the political, artistic and cultural mood of the time. The intrinsic symbolism of stamps represents the way a nation wants to be seen by the rest of the world. Instrumental and choral music, in their infinite combination of tones, combine sound with sung words, creating an artistic subtext that reveals the complexity and variety of human aesthetic expression. For the current generation of students accustomed to visual …

Beyond Midpoints: Vowel Dynamics Of The Low-Back-Merger Shift, Joseph A. Stanley

Faculty Publications

Conclusions

Summary:

• Here, as the vowels lowered/retracted, their trajectories changed too.
• This is not always the case! (cf. Stanley et al. forthcoming)
• Not an artifact of modeling! Each cohort had independent model fits.

Take-away:

• There is more to a vowel shift than its midpoints.
• More work needed on vowel trajectories to better describe change.

Sociolinguistics of vowel formant trajectories?

• What kind of sociolinguistic meanings are associated with trajectories?
• Yes, surrounding consonants affect trajectories
• They affect midpoints too but they still carry sociolinguistic meaning.
• Are we comfortable assuming trajectories are 100% phonetic?
• Are these trajectory differences perceptible?
• Stay tuned for experimental …

An Editing Process For Blind Or Visually Impaired Editors, Matt Baker, E.M. Nightingale, Suzy Bills

Faculty Publications

In the US, hundreds of thousands of individuals with visual disabilities work in occupations that typically entail editing text. Editing technologies for blind or visually impaired people have been analyzed by researchers for usability, accessibility, and feasibility. However, a tutorial is needed to provide blind or visually impaired workers with information on how to use these technologies. Key concepts: Technologies that blind or visually impaired individuals can use for editing text present challenges. Such challenges include the lack of usability in word processors’ text-editing features, navigational and sense-making issues with screen readers, limited text displayed by refreshable braille displays, and …

Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz

Faculty Publications

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution ("ODR"), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof Online Arbitration ("OArb ") is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act ("FAA"). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration …

Seismic Shifts: The Covid-19 Pandemic's Gendered Fault Lines And Implications For International Law, Shruti Rana

Faculty Publications

As we look towards the pandemic's end, this article examines the pandemic's impacts on the international legal order through a gendered lens. It argues that in the short-term, the pandemic reinforces public-private divides in international law, reinvigorating previous debates over the state's power in social relations-its role in protecting people from, as opposed to perpetrating, harm. It argues that in the long-term, these developments threaten to unravel the most recent gains in international law and global governance that have operated to support and expand the recognition of human rights to marginalised groups. Left unaddressed, this unraveling will further entrench such …

The Effect Of Prompt Accent On Elicited Imitation Assessments In English As A Second Language, Jacob G. Barrows, Troy L. Cox

Faculty Publications

Elicited imitation (EI) assessments have been shown to discriminate well between speakers across proficiency levels, but little has been reported on the effect L2 accent has on test-takers’ ability to understand and process the test items they hear. Furthermore, no study has investigated the effect of accent on test-taker perceptions of EI tests. This study examined the relationships among accent, accent familiarity, EI test item difficulty and test scores. To investigate, self-reports of students’ exposure to different varieties of English were obtained from a pre-assessment survey. An EI test (63 items) was then administered in which English language learners (n …

Reply To “Programming May Matter Most.” Response To “Metabolic Effects Of Two High-Intensity Circuit Training Protocols: Does Sequence Matter?”, Tony P. Nuñez, Fabiano T. Amorim, Nicholas M. Beltz, Christine M. Mermier, Terence A. Moriarty, Roberto C. Nava, Trisha A. Vandusseldorp, Len Kravitz

Faculty Publications

We appreciate the interest that our study elicited and the comments from a reader. We commend the reader of our paper for critically evaluating the protocol and results of the study. Here, we would like to respond to the statement made in the letter. Indeed, the rest intervals were longer and time at VO2max was lower in our study than recommended by Bucheit and Larsen.1 However, because the reader is interested in the practical implications of our study, we ask that they consider the following:

Work–Leisure Blending: An Integrative Conceptual Review And Framework To Guide Future Research, Troy A. Smith, Marcus M. Butts, Stephen H. Courtright, Mat D. Duerden, Mark A. Widmer

Faculty Publications

Since the industrial revolution, work and leisure have largely been considered opposing domains. A growing number of organizations, however, enable and/or promote blending leisure activities into the workplace. Similarly, several conceptualizations across different disciplines examine how work and leisure can coexist. These different conceptualizations have yielded a rich but fragmented theoretical account of work–leisure blending. To address this problem, we provide a comprehensive theoretical integration of multiple literature streams where research has explored work–leisure blending. Further, we develop a tripartite dimensional framework designed to elucidate the central dimensions of work–leisure blending (i.e., segmentation– integration, unstructured–structured, and independent–interactive) undergirding this phenomenon. …

Soft Information And The Underpricing Of Reit Seasoned Equity Offerings, James C. Brau, J. Troy Carpenter, James E. Cicon, Shelly Howton

Faculty Publications

Using a sample of 1,429 seasoned equity offerings (SEOs) by real estate investment trusts (REITs), we use content analysis to test whether the soft information in a company’s offering prospectus influences SEO underpricing. After controlling for relevant variables, we find that companies that use more positive (negative) words in their filings are negatively (positively) related to SEO underpricing. We posit that in REIT SEOs more positive and fewer negative words decrease investor pricing uncertainty (fear) of the offer and as a result experience less underpricing.

State Anxiety Moderates The Association Between Motivations And Excessive Smartphone Use, Xi Shen, Hai-Zhen Wang, Detlef H. Rost, James Gaskin, Jin-Liang Wang

Faculty Publications

Excessive smartphone use has recently attracted researchers’ attention. Previous studies have suggested that state anxiety and motivations are important predictors of excessive smartphone use. However, few studies have investigated how motivations and state anxiety interact with each other, and the subsequent impact on excessive smartphone use. In the current study, based on the Compensatory Internet Use theory, we analyzed the moderating role of state anxiety on the relationship between two types of motivations (i.e. entertainment and social interaction) and excessive smartphone use. Using the Smartphone Addiction Scale for College Students (SAS-C), Smartphone Usage Motivation Scale and State Anxiety Scale (S-Anxiety), …

Leveraging Stara Competencies And Green Creativity To Boost Green Organisational Innovative Evidence: A Praxis For Sustainable Development, Samuel Ogbeibu, Charbel Jose Chiappetta Jabbour, James Gaskin, Abdelhak Senadjki, Mathew Hughes

Faculty Publications

Radical technological advancements and the relentless progression of climate change compel organisations to ensure their workforce consistently exercise their creativity toward innovative green initiatives. These endeavours are essential to achieve the United Nations' (UN) sustainable development goals (SDGs). To do so, organisations require competencies fundamental to smart technologies, artificial intelligence, robotics and algorithms (STARA). STARA competencies are relevant for leaders to bolster green organisational innovative evidence (GOIE). GOIE can help to attract potential investors keen on advancing the UN's SDG agenda on environmental sustainability. However, eclipsed by a volatile environment, and despite the green innovation potential of several manufacturing organisations, …

Can User Interface Design Choices Alter Perceptions Of Time Passage?, James Gaskin

Faculty Publications

When a task is dull, time seems to unhelpfully dilate. This can have serious impacts on job satisfaction, burnout, and turnover – all of which impact employee well-being and the bottom line. Without changing the task, could a user interface take advantage of psychology-driven, theoretically-supported design decisions to make time seem to contract? If such is the case, we might, without much cost, partially alleviate employee suffering due to task fatigue and disinterest by making simple changes to the user interface. While psychology research and user interface design have intersected abundantly in extant literature, no study has empirically tested whether …

文理人 (Wenliren: Humanities, Science, Human), Lui Lam

Faculty Publications

No abstract provided.

For The Children? A Mixed Methods Analysis Of World Bank Structural Adjustment Loans, Health Projects, And Infant Mortality In Latin America, Shiri Noy

Faculty Publications

No abstract provided.

Prevalence And Correlates Of Physical Health Conditions In Jamaica And Guyana, Krim K. Lacey, Karen Powell Sears, Tazhmoye V. Crawford, Letroy O. Cummings, Sasha R. Drummond-Lewis, Rohan D. Jeremiah, James S. Jackson

Faculty Publications

No abstract provided.

Effects Of Body Temperature On Initial Bite Force In Three Species Of Rock- And Crevice-Dwelling Lizards From Mexico, Guillermo A. Woolrich-Piña, Geoffrey R. Smith, Norberto Martínez-Méndez, Julio A. Lemos-Espinal, Héctor Gadsden-Esparz

Faculty Publications

No abstract provided.