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2013

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Most Effective Treatment Modules For Increasing Expressive Language In Children With Down Syndrome, Lacee R. Murphy Jan 2013

Most Effective Treatment Modules For Increasing Expressive Language In Children With Down Syndrome, Lacee R. Murphy

Research Papers

No abstract provided.


"The Magna Carta Of Free Enterprise" Really?" , Daniel A. Crane Jan 2013

"The Magna Carta Of Free Enterprise" Really?" , Daniel A. Crane

Articles

In U.S. v. Topco Associates, Inc., Justice Thurgood Marshall announced that "[a] ntitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise.", In The Antitrust Constitution, Thomas Nachbar takes seriously the idea that federal antitrust laws serve a constitutional function. He argues that, contrary to common assumptions, the antitrust laws cannot be understood merely as a form of economic utilitarianism. Rather, they serve the additional purpose of preventing "regulatory harm," the assertion of law-like control over the conduct of others outside the sphere of one's own property interests.


On The Role Of Cost-Benefit Analysis In Criminal Justice Policy: A Response To The Imprisoner's Dilemma, Sonja B. Starr Jan 2013

On The Role Of Cost-Benefit Analysis In Criminal Justice Policy: A Response To The Imprisoner's Dilemma, Sonja B. Starr

Articles

With one in 100 adult Americans behind bars, and prison budgets consuming an increasing share of state budgets, few social policy issues compare in significance to the debate over which criminal offenders should be incarcerated and for how long. David Abrams' article, The Impriasoner's Dilemma: A Cost-Benefit Approach to Incarceration,' makes an important contribution to that debate, offering an economic approach to assessing the net benefits of holding or freeing prisoners on the incarceration margin. In this short Response, I first highlight several strengths of Abrams' piece and discuss the possible case that could be made for incorporating formal cost-benefit …


Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Edward R. Becker Jan 2013

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Edward R. Becker

Articles

Since I started teaching drafting, I would like to think that I have continued to learn some lessons about teaching both the substance and the skills of transactional drafting. One of those lessons that I am going to be talking about today is one that I stumbled across by happy accident rather than one that I consciously sought. Specifically, I want to talk about and highlight the ways that law students can use law firm marketing materials to increase their understanding of both drafting and lawyering skills in law school and, hopefully, in practice.


Did Booker Increase Sentencing Disparity? Why The Evidence Is Unpersuasive, Sonja B. Starr Jan 2013

Did Booker Increase Sentencing Disparity? Why The Evidence Is Unpersuasive, Sonja B. Starr

Articles

The Sentencing Commission’s recent report on the effects of United States v.Booker makes a number of very worri- some claims.The most alarming is that the gap in sen- tences between otherwise similar Black and White men has nearly quadrupled: from 4.5 percent before Booker, to 15 percent after it, to 19.5 percent after United States v. Kimbrough and United States v.Gall. 1 The Commission further claims that interjudge disparity has increased in two-thirds of the federal districts, and that interdistrict variation has also increased.2 If its findings were accurate, and if these changes could be causally attributed to Booker and …


Prometheus Rebound: Diagnostics, Nature, And Mathematical Algorithms, Rebecca S. Eisenberg Jan 2013

Prometheus Rebound: Diagnostics, Nature, And Mathematical Algorithms, Rebecca S. Eisenberg

Articles

The Supreme Court’s decision last Term in Mayo v. Prometheus left considerable uncertainty as to the boundaries of patentable subject matter for molecular diagnostic inventions. First, the Court took an expansive approach to what counts as an unpatentable natural law by applying that term to the relationship set forth in the challenged patent between a patient’s levels of a drug metabolite and the indication of a need to adjust the patient’s drug dosage. And second, in evaluating whether the patent claims add enough to this unpatentable natural law to be patent eligible, the Court did not consult precedents concerning the …


A Rejoinder To Professor Schauer's Commentary, Yale Kamisar Jan 2013

A Rejoinder To Professor Schauer's Commentary, Yale Kamisar

Articles

It is quite a treat to have Professor Frederick Schauer comment on my Miranda article.1 Professor Schauer is a renowned authority on freedom of speech and the author of many thoughtful, probing articles in other areas as well, especially jurisprudence. I am pleased that in large measure, Schauer, too, laments the erosion of Miranda in the last four-and-a-half decades2 and that he, too, was unhappy with the pre-Miranda due process/“totality of circumstances”/“voluntariness” test.3 I also like what Schauer had to say about “prophylactic rules,” a term that has sometimes been used to disparage the Miranda rules.4 As Schauer observes, the …


The Difference A Justice May Make: Remarks At The Symposium For Justice Ruth Bader Ginsburg, Suzanne Baer Jan 2013

The Difference A Justice May Make: Remarks At The Symposium For Justice Ruth Bader Ginsburg, Suzanne Baer

Articles

First, I will briefly summarize the state of the art of equality law in Germany today. A distinct dimension of this story from a European Union member state is that we are not just theorizing postnational constitutionalism these days, but that we live it already, since law is not anymore isolated as national but needs to be seen in the context of transnational migration and multinational regimes. Second, I turn to a key feature and key challenge in and to equality law today. It is what I have called the triangle of fundamental rights, referring to the three most prominent …


Joseph F. Smith And The First World War: Eventual Support And Latter-Day Saint Chaplains, Kenneth L. Alford Ph.D. Jan 2013

Joseph F. Smith And The First World War: Eventual Support And Latter-Day Saint Chaplains, Kenneth L. Alford Ph.D.

Faculty Publications

A discussion of the calling of three Latter-day Saint (Mormon) U.S. Army chaplains who served during World War I and support for the war from President Joseph F. Smith, President of The Church of Jesus Christ of Latter-day Saints.


Assessing Correlations Between Lingual Movements And Formants, Christopher Dromey, Gwi-Ok Jang, Kristi Hollis Jan 2013

Assessing Correlations Between Lingual Movements And Formants, Christopher Dromey, Gwi-Ok Jang, Kristi Hollis

Faculty Publications

First and second formant histories have been used in studies of both normal and disordered speech to indirectly measure the activity of the vocal tract. The purpose of the present study was to determine the extent to which formant measures are reflective of lingual movements during diphthong production. Twenty native speakers of American English from the western United States produced four diphthongs in a sentence context while tongue movement was measured with a magnetic tracking system. Correlations were computed between the vertical tongue movements and the first formant, as well as between the anteroposterior movements and the second formant during …


Limit Of Strong Ion Coupling Due To Electron Shielding, M. Lyon, Scott D. Bergeson, M. S. Murillo Jan 2013

Limit Of Strong Ion Coupling Due To Electron Shielding, M. Lyon, Scott D. Bergeson, M. S. Murillo

Faculty Publications

We show that strong coupling between ions in an ultracold neutral plasma is limited by electron screening. While electron screening reduces the quasiequilibrium ion temperature, it also reduces the ion-ion electrical potential energy. The net result is that the ratio of nearest-neighbor potential energy to kinetic energy in quasiequilibrium is constant and limited to approximately 1 unless the electrons are heated by some external source. We support these conclusions by reporting measurements of the ion velocity distribution in an ultracold neutral calcium plasma. These results match previously reported simulations of Yukawa systems. Theoretical considerations are used to determine the screened …


Versatile Rb Vapor Cells With Long Lifetimes, John F. Hulbert, Matthieu Giraud-Carrier, Tom Wall, Aaron R. Hawkins, Scott D. Bergeson, Jennifer Black, Holger Schmidt Jan 2013

Versatile Rb Vapor Cells With Long Lifetimes, John F. Hulbert, Matthieu Giraud-Carrier, Tom Wall, Aaron R. Hawkins, Scott D. Bergeson, Jennifer Black, Holger Schmidt

Faculty Publications

The authors report on an approach to the construction of long-lasting rubidium atomic vapor cells. The method uses pinch-off copper cold-welds, low temperature solders, and electroplated copper to create long-lasting hermetic seals between containment chambers of dissimilar geometries and materials. High temperature epoxy, eutectic lead/tin solder, and indium solder were considered as sealing materials. These seals were analyzed using accelerated lifetime testing techniques. Vapor cells with epoxy and bare metal solder seals had a decrease in the rubidium atomic density within days after being heated to elevated temperatures. They also exhibited broadened spectra as a result of rubidium reacting with …


Seven Strategies For Enabling Student Success In The First-Year Music Theory Sequence, Melissa Hoag Jan 2013

Seven Strategies For Enabling Student Success In The First-Year Music Theory Sequence, Melissa Hoag

Journal of Music Theory Pedagogy E-Journal 2013-2017

No abstract provided.


Report To The Presidents Of Church Of Christ Affiliated Colleges And Universities, Trace S. Hebert Jan 2013

Report To The Presidents Of Church Of Christ Affiliated Colleges And Universities, Trace S. Hebert

Annual Reports to the Presidents of Church of Christ Affiliated Colleges and Universities

No abstract provided.


Backlog 2013, Lipscomb University Jan 2013

Backlog 2013, Lipscomb University

Backlogs and Other Yearbooks

The 2013 Backlog yearbook of Lipscomb University.


Sex Differences In Verbal Aggression Use In Romantic Relationships: A Meta-Analytic Study And Review, Laura Stockdale, Sarah Tackett, Sarah M. Coyne Jan 2013

Sex Differences In Verbal Aggression Use In Romantic Relationships: A Meta-Analytic Study And Review, Laura Stockdale, Sarah Tackett, Sarah M. Coyne

Faculty Publications

Purpose - The current study aimed to investigate potential sex differences in the use of verbal aggression in romantic relationships.

Design/methodology/approach - The current study used meta-analytic methodology to analyze 20 studies to understand gender differences in the use of verbal aggression in romantic relationships.

Findings - The results found that women used more verbal aggression than men in romantic relationships; however, overall levels of verbal aggression use were relatively high regardless of sex.

Research imitations/implications - Limitations of the current research, such as calling for less exploratory research and the need for theories grounded in human coupling research, and …


A More Optimistic Perspective On Government-Supported Marriage And Relationship Education Programs For Lower Income Couples, Alan J. Hawkins, Scott M. Stanley, Philip A. Cowan, Frank D. Fincham, Steven R. H. Beach, Carolyn Pape Cowan, Galena Kline Rhoades, Howard J. Markman, Andrew P. Daire Jan 2013

A More Optimistic Perspective On Government-Supported Marriage And Relationship Education Programs For Lower Income Couples, Alan J. Hawkins, Scott M. Stanley, Philip A. Cowan, Frank D. Fincham, Steven R. H. Beach, Carolyn Pape Cowan, Galena Kline Rhoades, Howard J. Markman, Andrew P. Daire

Faculty Publications

In the past decade, the federal government, some states, and numerous communities have initiated programs to help couples form and sustain healthy marriages and relationships in order to increase family stability for children. Thus, we value the attention given to this emerging policy area by the American Psychologist in a recent article (Johnson, May–June 2012). However, it is important to challenge some of Johnson's points about the effectiveness and reach of interventions to lower income couples and couples of color and his suggested prioritization of basic over applied research.


Remarital Chances, Choices, And Economic Consequences: Issues Of Social And Personal Welfare, Kevin Shafer, Todd M. Jensen Jan 2013

Remarital Chances, Choices, And Economic Consequences: Issues Of Social And Personal Welfare, Kevin Shafer, Todd M. Jensen

Faculty Publications

Many divorced women experience a significant decline financial, social, physical and psychological well-being following a divorce. Using data from the NLSY79 (n = 2,520) we compare welfare recipients, mothers, and impoverished women to less marginalized divorcees on remarriage chances. Furthermore, we look at the kinds of men these women marry by focusing on the employment and education of new spouses. Finally, we address how remarriage and spousal quality (as defined by education and employment) impact economic well-being after divorce. Our results show that remarriage has positive economic effects, but that is dependent upon spousal quality. However, such matches are …


No One Best Way: Work-Family Strategies, The Gendered Division Of Parenting, And The Contemporary Marriages Of Mothers And Fathers, W. Bradford Wilcox, Jeffrey P. Dew Jan 2013

No One Best Way: Work-Family Strategies, The Gendered Division Of Parenting, And The Contemporary Marriages Of Mothers And Fathers, W. Bradford Wilcox, Jeffrey P. Dew

Faculty Publications

The gender revolution of the last half-century has dramatically reshaped the nature, quality, and stability of marriage and parenthood in the United States. A half-century ago, most married mothers did not work outside the home, and most men and women preferred this arrangement. But over the course of the second half of the twentieth century, mothers streamed into the labor force, fathers devoted more time to childcare and housework, and public opinion largely swung behind these changes, with most Americans expressing normative support for working mothers, as well as for more egalitarian relationships between mothers and fathers in the home …


Electrochemical Explanation For Asymmetric Electrowetting Response, Mehdi Khodayari, Nathan B. Crane, Alex A. Volinsky Jan 2013

Electrochemical Explanation For Asymmetric Electrowetting Response, Mehdi Khodayari, Nathan B. Crane, Alex A. Volinsky

Faculty Publications

In electrowetting, a droplet/substrate contact angle is modulated by applying a potential difference between the droplet and the substrate. Typically, the droplet potential is changed via an auxiliary electrode dipped in the droplet. Here, it is shown that electrochemical reactions lead to a potential drop on the auxiliary electrode in electrowetting, which degrades the droplet contact angle modulation. The magnitude of this effect depends on the voltage polarity. This problem can be addressed by using a dielectric layer, such as SiO2, which can prevent electrochemical reactions with the electrowetting substrate and the auxiliary electrode.


Orientocreadium Batrachoides Tubangui, 1931 (Orientocreadiidae): The Only Trematode Parasite Of Clarias Gariepinus (Burchell, 1822) (Clariidae) From The Asi River (Southern Turkey), Tayha Tepe, Mehmet Cemal Oğuz, Mark C. Belk, Remzi Özgen Jan 2013

Orientocreadium Batrachoides Tubangui, 1931 (Orientocreadiidae): The Only Trematode Parasite Of Clarias Gariepinus (Burchell, 1822) (Clariidae) From The Asi River (Southern Turkey), Tayha Tepe, Mehmet Cemal Oğuz, Mark C. Belk, Remzi Özgen

Faculty Publications

Objective: Some information is available about the parasite fauna and incidence for Clarias gariepinus in Turkey, but digenean parasites have received little attention. The purpose of the study is to contribute to the parasite fauna of Turkey.

Methods: From 2007 to 2008, a total 63 Clarias gariepinus that were caught in the Asi River were purchased from the fish market in Hatay and brought on ice to the Parasitology Research Laboratory at Atatürk University. The fish were dissected. The obtained parasites were fixed with AFA, dyed with Mayer’s Carmalum, and mounted with Canada Balsam.

Results: Forty-eight fish were infected with …


Reading The Gospel Of Philip As A Temple Text, Gaye Strathearn Jan 2013

Reading The Gospel Of Philip As A Temple Text, Gaye Strathearn

Faculty Publications

For many Latter-day Saints, their introduction to studies on Latter-day Saint ritual was in reading the works of Hugh Nibley, who specifically focused on the rites of the temple. Nibley was the first to point out the parallels between the religious behavior of earlier cultures, especially the ritual experiences of early Christianity, and our own. In this paper, Gaye continues this tradition as she introduces us to the Gnostic text the Gospel of Philip and points out intriguing similarities between this text and our own temple experience


Christ's Crucifixion Reclamation Of The Cross, Gaye Strathearn Jan 2013

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.


“I Will Bless The Lord At All Times”: Blessing God In The Old Testament, Dana M. Pike Jan 2013

“I Will Bless The Lord At All Times”: Blessing God In The Old Testament, Dana M. Pike

Faculty Publications

Because of his love for them, God is disposed to bless all his children to some extent (see Matthew 5:45). However, in addition to God’s graciously bestowed blessings on all people, many divine blessings are primarily relationship dependent; that is, existing in a particular relationship with God allows one to obtain certain blessings that are often greater than those bestowed upon someone outside such a relationship.1 The Bible indicates that by his power God blessed Adam and Eve (Gen 1:22, 28) and their faithful descendants, including Noah, Abraham, Sarah, and many others. For example, after Noah’s family left their ark, …


Surrogate Mothers: An Exploration Of The Empirical And The Normative, Lina Peng Jan 2013

Surrogate Mothers: An Exploration Of The Empirical And The Normative, Lina Peng

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Queering International Human Rights: Lgbt Access To Domestic Violence Remedies, Natalie E. Serra Jan 2013

Queering International Human Rights: Lgbt Access To Domestic Violence Remedies, Natalie E. Serra

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Commission On Lawyer Assistance Programs Panel On Best Practices Engaging Law Schools, David Jaffe, Larry Dubin, Amy Timmer, Tish Vincent Jan 2013

Commission On Lawyer Assistance Programs Panel On Best Practices Engaging Law Schools, David Jaffe, Larry Dubin, Amy Timmer, Tish Vincent

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Losing Sight Of The Forest For The Trees: The Supreme Court's Misapplication Of Sixth Amendment Strickland Analysis In Missouri V. Frye And Lafler V. Cooper, Sean Michael Fitzgerald Jan 2013

Losing Sight Of The Forest For The Trees: The Supreme Court's Misapplication Of Sixth Amendment Strickland Analysis In Missouri V. Frye And Lafler V. Cooper, Sean Michael Fitzgerald

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The “Federal Law Of Marriage”: Deference, Deviation, And Doma, W. Burlette Carter Jan 2013

The “Federal Law Of Marriage”: Deference, Deviation, And Doma, W. Burlette Carter

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Forgotten Remedy: A Legal And Theoretical Defense Of Intermediate Scrutiny For Gender-Based Affirmative Action Programs, Ajmel Quereshi Jan 2013

The Forgotten Remedy: A Legal And Theoretical Defense Of Intermediate Scrutiny For Gender-Based Affirmative Action Programs, Ajmel Quereshi

American University Journal of Gender, Social Policy & the Law

No abstract provided.