Digital Commons Network^™

Impact Of Gamification And Shared Situated Displays On Smartphone Application Engagement, Juan Mejia

Technical Library

Planning the development of a smartphone application with user engagement in mind is a creative process that involves the incorporation of elements that encourage a sustainable longitudinal connection with its users. As more and more smartphone applications are introduced in the various application ecosystems, sustained user engagement has become very challenging and unpredictable.

Incorporating game elements into applications is one technique that appears particularly promising with regard to increased engagement. This process is referred to as gamification. The availability of inexpensive high quality flat panel displays has increased the use of digital signage in public places, and raises another interesting …

Precedent And Reliance, Randy J. Kozel

Journal Articles

Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place.

This Article explores the dynamics and implications of precedential reliance. It contends that the case for protecting reliance on precedent is uncertain. There are several reasons why reliance might potentially be worth protecting, but all are subject to serious limitations or challenges. To bolster the …

2013 Georgia Scholarship Of Stem Teaching & Learning Conference Program, Georgia Scholarship Of Stem Teaching & Learning Conference

Interdisciplinary STEM Teaching & Learning Conference (2012-2019) (Archived)

N/A

'The Freedom Of The Church': (Towards) An Exposition, Translation, And Defense, Richard W. Garnett

Journal Articles

This Article was presented at a conference, and is part of a symposium, on the topic of "Freedom of the Church in the Modern Era." In addition to summarizing and re-stating claims made by the author in earlier work – claims having to do with, among other things, church-state separation, the no-establishment rule, legal and social pluralism, and the structural role played by religious and other institutions – the Article attempts to strengthen the argument that the idea of “the freedom of the church” (or something like it) is not a relic or anachronism but instead remains a crucial component …

Ogwehoweneha: A Hodinohsonih Research Methodology, Darren Thomas

Theses and Dissertations (Comprehensive)

Critical pathways for the liberation of Indigenous populations will come from “re-membering” our Indigenous ways of knowing, “decolonizing” the Indigenous mind and “re-building” our Nations. Indigenizing the academy allows our original ways of knowing to create space, for Indigenous scholarship to reclaim Indigenous knowledge and reality. By visiting with Hodinǫhśǫ:nih knowledge holders, this MA thesis translates the nature of Hodinǫhśǫ:nih reality, ways of knowing, values, and methods of acquiring knowledge into an Indigenous research methodology. By the ongoing introduction of Indigenous knowledge into a theoretical positioning within the academy, creates opportunity for continued Indigenous knowledge-generation through Indigenous methodologies. Indigenous research …

The Supreme Court Of Canada And Constitutional (Equality) Baselines, Rosalind Dixon

Osgoode Hall Law Journal

In its approach to defining “analogous grounds” for the purposes of subsection 15(1) of the Charter of Rights and Freedoms, the Supreme Court of Canada has adopted an unusual mix of broad and generous interpretation, and high formalism. This article argues that one potential reason for this is the degree of heterogeneity among the nine distinct enumerated grounds in section 15. Heterogeneity of this kind can produce quite different interpretive consequences, depending on whether a court adopts a direct, “multi-pronged,” or a more synthetic, “common denominator,” approach to the question of analogical development. The Court, over time, has implicitly shifted …

The New Borders Of The Constitutional, Gavin W. Anderson

Osgoode Hall Law Journal

The key critical constitutional debates of the future are likely—and need—to be very different from those that animated the Charter’s first thirty years. Since 1982, the borders between law and politics, rights and utility, and the public and the private have staked out the main territory contested by critical scholarship. However, these borders now demarcate a restricted landscape, drawing critics onto the ground of normative debate preferred by liberal theory, and leading them to propose, at best, a form of moderate pragmatism. A more promising approach lies in reconnecting constitutional debate to the socio-historical strand of critical theory, as represented …

An Ecological View Of Language Choice In A Bilingual Program: A Dynamic Model Of Social Structures, Katherine Christoffersen

Writing and Language Studies Faculty Publications

The present paper proposes a Dynamic Model of Social Structures as a model of language choice which highlights and synthesizes two significant themes repeated throughout the history of language choice research: agency and function. This model stems from ecological frameworks advanced in the fields of language planning (Hornberger, 2002) and language learning (Lam, 2007). Central to the model is the notion of language as a social structure (Gafaranga, 2005) among infinite other social structures (e.g., broader society, social network, local context, and individual linguistic behaviors). The Dynamic Model of Social Structures integrates the concept of agency and function in demonstrating …

Emerging Technologies And Dwindling Speech, Jorge Roig

Scholarly Works

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …

Greater Sage-Grouse Response To Season-Long And Prescribed Grazing., Seth J. Dettenmaier, Terry A. Messmer

Wildland Resources Faculty Publications

No abstract provided.

Christ's Crucifixion Reclamation Of The Cross, Gaye Strathearn

Faculty Publications

Twenty-three years ago, I came to BYU as a student. This was a major, life-changing event for me. My mother and grandmother had joined the Church in Australia in 1958, and I spent most of my early life growing up in a very small branch of the Church, small even by Australian standards. You can perhaps imagine my feelings of excitement at the thought of coming to live in the heartland of the Church. It was quite a novel thought that I would be able to go to Church with my roommates.

Hate Speech And The Demos, Jamal Greene

Faculty Scholarship

It is sometimes said that the statist and aristocratic traditions of Europe render its political institutions less democratic than those of the United States. Richard Posner writes of “the less democratic cast of European politics, as a result of which elite opinion is more likely to override public opinion than it is in the United States.” If that is true, then there are obvious ways in which it figures into debates over the wisdom of hate-speech regulation. The standard European argument in favor of such regulation may easily be characterized as antidemocratic: Restrictions on hate speech protect unpopular minority groups …

Human Rights Obligations To The Poor, Monica Hakimi

Faculty Scholarship

Poverty unquestionably detracts fromthe human rights mission.Modern human rights law recognizes a broad range of rights – for example, “to life, liberty, and security of person” and to adequate “food, clothing, and medical care.”1 Any number of those rights might go unrealized in conditions of extreme poverty. However, human rights law has always been partly aspirational. For those seeking to improve the lives of the poor, the key question is not what rights exist but how to make those rights operational.What does human rights law actually require of states? And how might its obligations benefit the poor?

In Tribute: M. Katherine B. Darmer, Tom Campbell, Erwin Chemerinsky, Bobby L. Dexter, Katherine M. Franke, Mark Osler, Marisa S. Cianciarulo, James L. Doti, Richard D. Fybel, Kirsten E. Gillibrand, Tiffany Chang

Faculty Scholarship

The editors of the Chapman Law Review respectfully dedicate this issue to Professor M. Katherine B. Darmer.

Education, Angela Sorby

English Faculty Research and Publications

No abstract provided.

Demonizing The Catholic Other: Religion And The Secularization Process In Gothic Literature, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Bred To Be Superhuman: Comic Books And Afrofuturism In Octavia Butler's Patternist Series, Gerry Canavan

English Faculty Research and Publications

No abstract provided.

Après Nous, Le Déluge, Gerry Canavan

English Faculty Research and Publications

No abstract provided.

When Parity Promotes Peace: Resolving Conflict Between Asymmetric Agents, Erik O. Kimbrough, Roman M. Sheremeta, Timothy W. Shields

ESI Working Papers

Due to the high costs of conflict both in theory and practice, we examine and experimentally test the conditions under which conflict between asymmetric agents can be resolved. We model conflict as a two-agent rent-seeking contest for an indivisible prize. Before conflict arises, both agents may agree to allocate the prize by fair coin flip to avoid the costs of conflict. The model predicts that “parity promotes peace”: in the pure-strategy equilibrium, agents with relatively symmetric conflict capabilities agree to resolve the conflict by using a random device; however, with sufficiently asymmetric capabilities, conflicts are unavoidable because the stronger agent …

Fetal Testosterone (2d:4d) As Predictor Of Cognitive Reflection, Antoni Bosch-Domènech, Pablo Brañas-Garza, Antonio M. Espín

ESI Working Papers

The Cognitive Reflection Test (CRT) is a test introduced by S. Frederick (2005) Cognitive reflection and decision making, J Econ Perspect 19(4): 25-42. The task is designed to measure the tendency to override an intuitive response that is incorrect and to engage in further reflection that leads to the correct response. The consistent sex differences in CRT performance may suggest a role for gonadal hormones, particularly testosterone. A now widely studied putative marker for fetal testosterone is the second-to-fourth digit ratio (2D:4D). This paper tests to what extent 2D:4D, as a proxy for prenatal exposure to testosterone, can predict CRT …

Second-To-Fourth Digit Ratio Has A Non-Monotonic Impact On Altruism, Pablo Brañas-Garza, Jaromir Kovarik, Levent Neyse

ESI Working Papers

Gene-culture co-evolution emphasizes the joint role of culture and genes for the emergence of altruistic and cooperative behaviors and behav- ioral genetics provides estimates of their relative importance. However, these approaches cannot assess which biological traits determine altruism or how. We analyze the association between altruism in adults and the exposure to prenatal sex hormones, using the second-to-fourth digit ratio. We nd an inverted U-shaped relation for left and right hands, which is very consistent for men and less systematic for women. Subjects with both high and low digit ratios give less than individuals with intermediate digit ratios. We repeat …

Commitment Problems In Conflict Resolution, Erik O. Kimbrough, Jared Rubin, Roman M. Sheremeta, Timothy W. Shields

ESI Working Papers

Commitment problems are inherent to non-binding conflict resolution mechanisms, since an unsatisfied party can ignore the resolution and initiate conflict. We provide experimental evidence suggesting that even in the absence of binding contractual agreements individuals often avoid conflict by committing to the outcome of a conflict resolution mechanism. Commitment problems are mitigated to a greater extent for groups who opt-in to the conflict resolution mechanism, but only when opting-in is costly. Although conflict rates are higher when opting-in is costly than when it is free or exogenously imposed, commitment problems are greatly reduced amongst those groups who choose to opt-in.

In The Shadow Of The Dsu: Addressing Specific Trade Concerns In The Wto Sps And Tbt Committees, Henrik Horn, Petros C. Mavroidis, Erik Wijkström

Faculty Scholarship

The paper argues that focusing only on disputes formally raised in the WTO Dispute Settlement system underestimates the extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of ‘specific trade concerns’ (STCs) that in the overwhelming majority of cases do not become formal disputes. The STCs address differences between Members concerning the conformity of national measures in the SPS and TBT areas with these agreements. It appears as if Committee work on STCs significantly helps defuse potential trade frictions concerning national policies in the covered areas.

Too Big To Jail Or Too Abstract (Or Rich?) To Care, Victor B. Flatt

Maryland Law Review

No abstract provided.

Climate Of Uncertainty, Laura Fatemi, Liam Heneghan, Randall Honold, Louise Lincoln

DePaul Art Museum Publications

No abstract provided.

Our Place In The World: A New Relationship For Environmental Ethics And Law, Jedediah S. Purdy

Faculty Scholarship

Forty years ago, at the birth of environmental law, both legal and philosophical luminaries assumed that the new field would be closely connected with environmental ethics. Instead, the two grew dramatically apart. This Article diagnoses that divorce and proposes a rapprochement. Environmental law has always grown through changes in public values; for this and other reasons, it cannot do so without ethics. Law and ethics are most relevant to each other when there are large open questions in environmental politics: lawmakers act only when some ethical clarity arises; but law can itself assist in that ethical development. This process is …

De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin

Scholarship@WashULaw

In this essay, I examine and challenge the rhetorical trope of the guilty going free by emphasizing the institutional and political intricacies that comprise the criminal justice system and necessarily under-gird a determination of “guilt”. My goal, at its essence, is to de-naturalize the criminal law and discussions of the criminal justice system in the context of this symposium. I aim to emphasize that a guilty verdict is the result of a series of (politically-inflected) decisions about how to draft criminal statutes, how to structure a trial, and how to select a jury. De-naturalizing criminal law is, of course, a …

Joint Entropy Of Continuously Differentiable Ultrasonic Waveforms, M S. Hughes, John E. Mccarthy, J N. Marsh, S A. Wickline

Mathematics Faculty Research

This study is based on an extension of the concept of joint entropy of two random variables to continuous functions, such as backscattered ultrasound. For two continuous random variables, X and Y, the joint probability density p(x,y) is ordinarily a continuous function of x and y that takes on values in a two dimensional region of the real plane. However, in the case where X=f(t) and Y=g(t) are both continuously differentiable functions, X and Y are concentrated exclusively on a curve, γ(t)=(f(t),g(t)), in the x,y plane. This concentration can only be represented using a mathematically "singular" object such as a …

Keeping Abreast Of The Literature..., Sarah Sobonya

Neureuther Book Collection Essay Competition

Graduate Winner: 1st Place, 2013. 26th Annual Carl Neureuther Student Book Collection Competition.

Law Schools, Leadership, And Change, Susan P. Sturm

Faculty Scholarship

Law schools train many of the nation’s leaders. As Professor Fred Rodell observed, “it is the lawyers who run our civilization for us – our governments, our business, our private lives.” The legal profession was already closely linked to leadership at the founding of the country, when lawyers constituted almost half of the signers of the Declaration of Independence and more than half of the members of the Constitutional Convention. Lawyers now bear major responsibility for leading the institutions that structure the governance, education, and day-to-day lives of the polity. Ten percent of the CEOs of the top fifty companies …