Digital Commons Network^™

Causes And Consequences Of Grudge-Holding In Service Relationships, Matthew P. Bunker, Dwayne Ball

Department of Marketing: Faculty Publications

Purpose – The purpose of this paper is to place grudge-holding as a theoretical construct, measure it, and empirically place it in a nomological net and, additionally to discuss the consequences of grudge-holding in this research.

Design/methodology/approach – A 2 × 2 scenario-based experiment was performed using 320 subjects, approximately 80 people per condition. The size of the exit barrier (high/low) and the effectiveness of the service recovery (good/poor) were varied between each scenario to determine changes in grudge-holding.

Findings – Some consequences of grudge-holding are retaliation desire and communication avoidance. Although trust was tested in this research, and is …

When Lawyers Fail Innocent Defendants: Exorcising The Ghosts That Haunt The Criminal Justice Systems, George C. Thomas Iii

Utah Law Review

It seems likely that a criminal law specialist system would offer adequate defense at a lower cost than refashioning and putting more money into today’s dysfunctional system. I believe that a combined system would make more efficient use of lawyer time, in part because weak cases would be more likely to be dismissed and in part because leveling the burden between defense and prosecution should facilitate more efficient case disposition. Thus, with a modest increase in the amount currently spent on prosecution and defense, a jurisdiction could adopt a criminal law specialist system and offer better lawyering on both sides …

The Effect Of A Yearlong One-To-One Laptop Computer Classroom Program On The 4th-Grade Achievement And Technology Outcomes Of Digital Divide Learners, Daniel H. Bird

Student Work

A yearlong one-to-one computer laptop classroom instruction intervention program used to prepare 4th-grade students for participation in computer learning activities was evaluated. Students used computers to complete daily reading, writing, and Internet search assignments. Students were divided into two groups according to past computer access; Digital Divide Learners ( n = 10) who did not have computers and Internet access at home, and Digital Native Learners (n = 15) who did have computers and Internet access at home. Reading, writing, total technology skills domain scores, and keyboarding speed and accuracy outcomes were evaluated. Results indicate reading vocabulary, reading comprehension, …

The Potmarks From Troy Vi-Vii In The Berlin Schliemann Collection, Nicolle E. Hirschfeld

Classical Studies Faculty Research

More than a century of excavations on and around the citadel of Troy have uncovered a total of only fifteen Late Bronze Age (LB) ceramic vases with non-decorative mark(s) incised into their rim, handle, belly or base. Surely potmarks have been Overlooked or lost in the course of the tremendous labors of digging and sorting. On the other hand, in the absence of the discovery of archives, the excavators of Troy have been on the look-out for signs of writing of the briefest sort on the humblest kinds of objects. For example, already the first volume of Schliemann's publications is …

Where Much Is Promised, Less Is Given, Brant A. Gardner

Review of Books on the Book of Mormon 1989–2011

Review of Diane E. Wirth. Decoding Ancient America: A Guide to the Archaeology of the Book of Mormon.

Online Genealogical Research Resources, Howard C. Bybee

BYU Studies

More than three million Internet sites offer their services to genealogists and family historians for research. This truly exhausting array of Internet sites makes online genealogical research more convenient and more confusing for beginners and professionals. Keeping up with innovations can easily distract an Internet researcher. Individuals, family organizations, corporations, nonprofit organizations, libraries, and governments continually create more online content, much of it useful for family history and genealogical research. What we used to call genealogy has morphed into family history, and the web serves as both the scholarly publisher and the vanity press for primary and secondary sources used …

The Current State Of Primary Historical Soures Online, Richard Hacken

BYU Studies

As a vital first step in substantiating and documenting historical details, there can be no substitute for a primary source derived from as close and contemporaneous an observation of a given event as possible. A historian unable to consult authoritative and honest voices from the past can verify little but is left to tinker with tradition and supposition. Until quite recently, the main mode of examining a primary source has been one on one—one scholar face-to-face with one original document in one physical space. Historiography has been slowed by travel expenses, time constraints, vagaries in obtaining permission, and other logistical …

Full Issue, Byu Studies

BYU Studies

No abstract provided.

Values: The Invisible ‘Ante’ In Information Literacy Learning?, Benjamin R. Harris

Library Faculty Research

Purpose: The ACRL Competency Standards related to learners’ values and value systems has not been interrogated in relation to information literacy theory or practice. This paper analyzes the inclusion of values in these and other guidelines and seeks evidence of the development of this topic in the literature.

Design/Methodology/Approach: A comparative review of information literacy standards related to values/value systems was conducted. An analysis of the literature engaging issues related to personal or community values related to information was completed. Suggestions for continued work were based on these findings.

Findings: Competency standards related to values/value systems are out of place …

Laboratory-Scale Injector Instability Mode Assessment, Robert E. Byrd Jr.

Theses

No abstract provided.

Evaluating The Achievement Outcomes Of 5th-Grade Students Following Their Enrollment In Federally-Funded, Inquiry-Based Classrooms To Determine Program Sustainability, Daniel L. Frazier

Student Work

The purpose of this study was to evaluate the achievement outcomes of 5th-grade students following their enrollment in federally funded inquiry-based classrooms compared to same school traditional education program students to determine the feasibility of inquiry-based program sustainability. The study analyzed achievement data of students in the inquiry-based Charter Education Program compared to achievement data of students in the Traditional Education Program to determine pretest-posttest achievement gain for students in both research arms and posttest-posttest intervention effectiveness. The inquiry-based Charter Education Program required students to utilize laptop computers rather than textbooks to research, analyze, write, and complete reports. The Traditional …

Cooper's Quiet Demise (A Short Response To Professor Strauss), Frederic M. Bloom

Publications

No abstract provided.

State Courts Unbound, Frederic M. Bloom

Publications

We may not think that state courts disobey binding Supreme Court precedent, but occasionally state courts do. In a number of important cases, state courts have actively defied apposite Supreme Court doctrine, and often it is the Court itself that has invited them to.

This Article shows state courts doing the unthinkable: flouting Supreme Court precedent, sometimes at the Court's own behest. The idea of state court defiance may surprise us. It is not in every case, after all, that state courts affirmatively disobey. But rare events still have their lessons, and we should ask how and why they emerge. …

The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun

Publications

The judiciary should impose a heavy burden of justification on the executive when a habeas petitioner challenges the accuracy of facts on which an enemy combatant designation rests. A heavy burden of justification will ensure that the essential institutional purposes of the writ--and legitimate, separated-powers government--are preserved, even during times of national exigency. The institutional purposes of the writ argue for robust judicial review rather than deference to the executive. Moreover, the procedural flexibility traditionally associated with the writ gives the judiciary the tools to ensure that a heavy burden of justification can be imposed.

Garbage Pails And Puppy Dog Tails: Is That What Katz Is Made Of?, Aya Gruber

Publications

This Article takes the opportunity of the fortieth anniversary of Katz v. U.S. to assess whether the revolutionary case's potential to provide broad and flexible privacy protection to individuals has been realized. Answering this question in a circumspect way, the Article pinpoints the language in Katz that was its eventual undoing and demonstrates how the Katz test has been plagued by two principle problems that have often rendered it more harmful to than protective of privacy. The manipulation problem describes the tendency of conservative courts to define reasonable expectations of privacy as lower than the expectations society actually entertains. The …

Retaliatory Litigation Tactics: The Chilling Effects Of "After-Acquired Evidence", Melissa Hart

Publications

Even a victim of the most egregious discrimination may recover little monetary relief if the defendant discovers, after firing the employee, that she committed some firable offense. Yet the case in which the Supreme Court so held, McKennon v. Nashville Banner Publishing Co., was widely viewed as a victory rather than a defeat for plaintiffs. This surprising perception flowed from the Court's holding that such "after-acquired evidence" of misconduct merely limited remedies but did not completely eliminate plaintiffs' rights to sue for discrimination. Given that McKennon could be portrayed either as a victory for plaintiffs or an unjust denial …

How Do Securities Laws Influence Affect, Happiness, & Trust?, Peter H. Huang

Publications

This Article advocates that securities regulators promulgate rules based upon taking into consideration their impacts upon investors' and others' affect, happiness, and trust. Examples of these impacts are consumer optimism, financial stress, anxiety over how thoroughly securities regulators deliberate over proposed rules, investor confidence in securities disclosures, market exuberance, social moods, and subjective well-being. These variables affect and are affected by traditional financial variables, such as consumer debt, expenditures, and wealth; corporate investment; initial public offerings; and securities market demand, liquidity, prices, supply, and volume. This Article proposes that securities regulators can and should evaluate rules based upon measures of …

Emotional Adaptation And Lawsuit Settlements, Peter H. Huang

Publications

In Hedonic Adaptation and the Settlement of Civil Lawsuits, Professors John Bronsteen, Christopher Buccafusco, and Jonathan Masur note an unexplored aspect of protracted lawsuits: During prolonged litigation tort victims can adapt emotionally to even permanent injuries, and therefore are more likely to settle--and for less--than if their lawsuits proceeded faster. This Response demonstrates that this is a facile application of hedonic adaptation with the following three points. First, people care about more than happiness: Tort victims may sue to seek justice or revenge; emotions in tort litigation can be cultural evaluations; and people are often motivated by identity and …

Authentic Happiness & Meaning At Law Firms, Peter H. Huang, Rick Swedloff

Publications

We advocate that law firms can and should foster authentic happiness and meaning in the professional lives of their associates. Based upon empirical and experimental research in behavioral economics and positive psychology, we consider how law firms can implement policies to promote authentic happiness and meaning in their associates' professional lives. We also believe that law schools can and should help to reduce the anxiety, stress, and unhappiness that individuals feel as law students and help them develop abilities to achieve meaningful careers as law firm associates. We provide a guide as to how law firms and law schools can …

Authentic Happiness, Self-Knowledge And Legal Policy, Peter H. Huang

Publications

This Article analyzes three questions: can, how, and should legal policy help people in their individual quests for authentic happiness. This Article adopts psychologist Martin Seligman's definition of the phrase authentic happiness. This Article provides an introduction to examples of legal policies based upon empirical and experimental research in positive psychology, measures of subjective well-being, and quality of life studies.

The Future Of 9-1-1: New Technologies And The Need For Reform, Philip J. Weiser, Dale Hatfield, Brad Bernthal

Publications

Our nation's 9-1-1 system's success to date belies the fact that its core premises will not continue to serve it effectively and it has come to a critical juncture. In particular, the balkanized nature of 9-1-1 operations that differ across jurisdictions and are supported by Byzantine funding mechanisms obscure a simple but profound development: our nation's emergency system is not keeping up with or taking advantage of technological change. Because the system continues to work and policymakers largely do not appreciate the system's technological limitations, decision makers not only fail to focus on this challenge but instead are all too …

The Concept Of "Less Eligibility" And The Social Function Of Prison Violence In Class Society, Ahmed A. White

Publications

No abstract provided.

The Early History Of The Colorado Court Of Appeals, Robert M. Linz, Claire E. Munger

Publications

No abstract provided.

Common Ground: The Case For Collaboration Between Anti-Poverty Advocates And Public Interest Intellectual Property Advocates, Deborah J. Cantrell

Publications

This article examines the previously unappreciated common ground between scholars and advocates who work to eliminate poverty, and scholars and advocates who work on intellectual property issues in the public interest. The article first illustrates how scholars and advocates working on poverty and on public interest intellectual property have relied on rights talk to frame their social movements. Under the conventional narrative, the framing has accentuated differences between the movements. As the Article explains, the two movements share core principles and should recognize shared interests and goals. By developing a new model of how to view public interest movements, the …

Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson

Publications

HIV/AIDS should be classified as a per se disability under the Americans with Disablities Act. Such a ruling is justified by the plain language of the act itself, legislative history, administrative regulations, and court precedent. Absent such a ruling, individuals with HIV must demonstrate that they have (1) an mental or physical impairment, (2) that substantially limits (3) a major life activity. While most courts to address the applicability of the ADA to individuals with HIV/AIDS have found that such individuals are disabled because HIV impairs the major life activity of reproduction, such an interpretation leaves open the possibility that …

The Ethics Of Collaborative Law, Scott R. Peppet

Publications

The practice of Collaborative Law - in which both parties agree that should their case fail to settle, both lawyers will be disqualified from proceeding to court - has grown rapidly in the family bar over the last decade. At the same time, the ethics of this practice have been called into question. Competing ethics opinions in 2007 - from the Colorado Bar Association and the American Bar Association - alternately ban and permit the practice. This Article tries to clarify the underlying ethical issues in Collaborative Law, arguing that much confusion has resulted from imprecise understandings of what the …

Government Workers And Government Speech, Helen Norton

Publications

This essay, to be published in the First Amendment Law Review's forthcoming symposium issue on Public Citizens, Public Servants: Free Speech in the Post-Garcetti Workplace, critiques the Supreme Court's decision in Garcetti v. Ceballos as reflecting a distorted understanding of government speech that overstates government's own expressive interests while undermining the public's interest in transparent government.

In Garcetti, the Court held that the First Amendment does not protect public employees' speech made "pursuant to their official duties," concluding that a government employer should remain free to exercise "employer control over what the employer itself has commissioned or created." …

Popular Election Of The President: Using Or Abusing The Electoral College?, Jennifer S. Hendricks

Publications

No abstract provided.

The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer

Faculty Publications

No abstract provided.

Reforming Our Wasteful Hazardous Waste Policy, Jonathan H. Adler

Faculty Publications

Federal hazardous waste regulation and cleanup programs suffer from poor prioritization, insufficient flexibility, high costs, and questionable benefits. Many of these problems are a result of excessive regulatory centralization. The federal government has assumed primary responsibility for hazardous waste policy, placing states in a secondary role, even though the environmental threats posed by hazardous waste are generally quite localized. Hazardous waste itself is not a form of pollution, but rather a “precursor to pollution.” It only becomes an environmental problem when mismanaged, and allowed to contaminate land or water. Properly managed, however, hazardous waste is not a particularly pressing environmental …