Digital Commons Network^™

Transitioning To Independence And Maintaining Research Careers In A New Funding Climate: American Society Of Preventive Oncology Junior Members Interest Group Report, Wendy C. Birmingham, Jada G. Hamilton, Parisa Tehranifar, Melinda L. Erwin, William M. P. Klein, Linda Nebeling, Jessica Chubak

Faculty Publications

The American Society of Preventive Oncology (ASPO) is a professional society for multi-disciplinary investigators in cancer prevention and control. The ASPO Junior Members Interest Group promotes the interests of predoctoral, postdoctoral, and junior faculty members within the Society, and provides them with career development and training opportunities. To this end, as part of the 37th ASPO Annual Meeting held in Memphis, Tennessee in March 2013, the Junior Members Interest Group organized a session designed to address issues faced by early-career investigators as they navigate the transition to become an independent, well-funded scientist with a sustainable program of research in the …

Patient And Provider Attitudes Toward Genomic Testing For Prostate Cancer Susceptibility: A Mixed Method Study, Wendy C. Birmingham, Neeraj Agarwal, Wendy Kohlmann, Lisa G. Aspinwall, Mary Wang, Jay Bishoff, Christopher Decket, Anita Y. Kinney

Faculty Publications

Background: The strong association between family history and prostate cancer (PCa) suggests a significant genetic contribution, yet specific highly penetrant PCa susceptibility genes have not been identified. Certain single-nucleotide-polymorphisms have been found to correlate with PCa risk; however uncertainty remains regarding their clinical utility and how to best incorporate this information into clinical decision-making. Genetic testing is available directly to consumers and both patients and healthcare providers are becoming more aware of this technology. Purchasing online allows patients to bypass their healthcare provider yet patients may have difficulty interpreting test results and providers may be called upon to interpret results. …

Interagency Litigation And Article Iii, Joseph W. Mead

Georgia Law Review

Agencies of the United States often find themselves on
opposite sides of the "v. " in disputes ranging from alleged
unfair labor practices in federal agencies, to competing
statutory interpretations, to run-of-the mill squabbles over
money. Yet Article III's case-or-controversy requirement

includes--at a minimum-adverse parties and standing.
Courts have disagreed with one another over the extent to
which litigation between the sovereign and itself meets
Article III standards. Despite the volume of scholarship
on Article III standing, relatively little attention has been
paid to Article III's requirement of adverse parties in
general, or the justiciability of intrabranch litigation in
particular. …

State Power To Define Jurisdiction, Samuel P. Jordan, Christopher K. Bader

Georgia Law Review

States should have broader authority to decline
jurisdiction over federal claims. The normative
considerations supporting this doctrine of "reverse
abstention" have been developed in previous work. But
what of the Constitution? The traditional reading,
reflected in existing precedent, asserts that the Supremacy
Clause, Article III, and perhaps Article I operate together
to create an inflexible obligation for state courts to hear
federal claims. This reading is misguided. The
Supremacy Clause contains no jurisdictional obligation of
its own force, but only gives supreme effect to other validly
enacted federal laws. And no other clause provides the
authority to impose such an …

Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants, Adam J. Fitzsimmons

Georgia Law Review

Litigants commonly struggle to balance the need to comply with discovery requests and the desire to protect valuable trade secrets. Protective orders to help strike that balance. Questions arise, however, when one of the parties violates that protective order and discloses the opponent's confidential information. Chiefly, what remedies are available for a party whose invaluable intellectual property has been disclosed? At least one circuit has held the most common sanction, payment of attorney's fees, is unavailable for a violation of a protective order. Generally, Federal Rule of Civil Procedure 37(b)(2) governs sanctions for violations of discovery orders, but the text …

Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily Benfer, Colleen F. Shanahan

Faculty Scholarship

Each new generation of law students presents its own set of challenges for law teachers seeking to develop competent and committed members of the legal profession. This article aims to train legal educators to recognize their students' generational learning style and to deliver a tailored education that supports the development of skilled attorneys. To help legal educators better understand the newest generation of law students, this article explores the traits associated with the Millennial Generation of law students, including their perspective on themselves and others, on education and on work. It then provides detailed and specific strategies for teaching millennial …

Presenting Fake Figures: A Tool To Teach Effective Scientific Figure Design, Verónica A. Segarra, Stephanie Pulford, Susan Walsh

Faculty Publications

No abstract provided.

Authority Control In A Digital Repository: Preparing For Linked Data, Jeremy Myntti, Nate Cothran

Faculty Publications

In an effort to identify an automated means of updating and standardizing metadata within a digital collection, the University of Utah's Marriott Library and Backstage Library Works partnered to develop a service that would replicate the benefits of an automated MARC21 authority control project for digital library metadata. This paper will discuss how the process to update MARC21 bibliographic records was adapted to update data encoded in XML. Future directions for this project will include taking a close look at how it can be used to link URIs with strings of data in order to prepare for a linked data …

Towards A Legal Theory Of Finance, Katharina Pistor

Faculty Scholarship

This paper develops the building blocks for a legal theory of finance. LTF holds that financial markets are legally constructed and as such occupy an essentially hybrid place between state and market, public and private. At the same time, financial markets exhibit dynamics that frequently put them in direct tension with commitments enshrined in law or contracts. This is the case especially in times of financial crises when the full enforcement of legal commitments would result in the self-destruction of the financial system. This law-finance paradox tends to be resolved by suspending the full force of law where the survival …

The Systematic Stretching And Adjusting Of Ideophonic Phonology In Pastaza Quichua, Joseph A. Stanley

Faculty Publications

The goal of this paper is to clarify the relationship between ideophonic phonology and prosaic phonology in a dialect of Quichua (aka Kichwa). Our data are derived primarily from field studies within the Pastaza Province of Amazonian Ecuador, with speakers originating from the Montalvo area and the adjacent community of Puka Yaku. Altogether, we have amassed over 2,300 tokens of ideophonic use drawn from casual conversational exchanges, historical legends, folktales and myths.

Cathedral Of Kairos: Rhetoric And Revelation In The “National House Of Prayer”, Richard Benjamin Crosby

Faculty Publications

Traditionally, kairos is defined by its transience. Scholars assume that in order to capitalize on the rhetorical power of kairos, a speaker must capture the “opportune moment” before it passes. his article makes the case that the kairic moment can be sustained indefinitely through the sacralization of physical space. Linking rhetorical theories of kairos as “God’s time” to Mircea Eliade’s discussion of “sacred hierophanies,” the article performs an analysis of the National Cathedral in Washington DC and concludes that rhetoric can circumvent traditional contingencies when deployed within kairic space.

Oath Rhetoric, Political Identity, And The Case Of Jon Huntsman, Richard Benjamin Crosby

Faculty Publications

Oath rhetoric took center stage during the 2011-2072 presidential campaign, particularly during the Republican primary races. Several conservative organizations invited candidates to sign pledges, vows, or, as I label them collectively, oaths in an effort to secure the candidates' allegiance to particular polices and communities. Through a close concept-oriented analysis of a representative artifact (the Pro-Life Presidential Leadership Pledge) and candidate Jon Huntsman's refusal to sign it, this essay concludes that oaths serve important rhetorical functions at the personal, cultural, and political level. Whereas traditional political argument in the democratic tradition is meant lo create openings for action, oath rhetoric …

Table Of Contents

Georgia Law Review

No abstract provided.

Young People’S Experiences Of Living With Type 1 Diabetes, Tina M. Taylor, Cheryl Scholes, Barbara Mandleco, Susanne Roper, Karen Dearing, Donna Freeborn

Faculty Publications

Scholes C et al (2013) Young people’s experiences of living with type 1 diabetes. Nursing Times; 109: 45, 23-25. Young people with type 1 diabetes mellitus face a unique set of challenges: their own and their family’s perspectives of the disease and treatment impact on how well they manage metabolic control. Hormonal changes, desire for autonomy and emotional distress can influence self-management. This study aimed to better understand the perspective of young people with diabetes and to find out whether metabolic rate affects how individuals’ view the disease and treatment. The findings are used to make suggestions for treatment approaches.

Judicial Gatekeeping Of Suspect Evidence: Due Process And Evidentiary Rules In The Age Of Innocence, Keith A. Findley

Georgia Law Review

The growing number of wrongful convictions exposed
over the past two-and-a-half decades, and the research
that points to a few recurring types of flawed evidence in
those cases, raise questions about the effectiveness of the
rules of evidence and the constitutional admissibility
standards that are designed to guard against unreliable
evidence. Drawing on emerging empirical data, this
Article concludes that the system can and should be

adjusted to do a better job of guarding against undue
reliance on flawed evidence. The Article first considers the
role of reliability screening as a constitutional concern.
The wrongful convictions data identify what might …

Searching For Truth In The American Law Of Evidence And Proof, D. Michael Risinger

Georgia Law Review

The ideology of the trial process puts discovery of truth
at center stage. This is made clear by the language of
Federal Rule of Evidence 102, upon which New Georgia
Rule of Evidence 24-1-1 is obviously based. Both of these
rules make the ascertainment of truth one of the two goals
of the trial (just determination being the other). However,
the term "truth" has been used in many ways in many
different contexts and traditions. What notion of truth did
the drafters have in mind?
This Article answers that question by reference to what
has come to be known as …

The Restatement Of The U.S. Law Of International Commercial Arbitration: An Interim Report, George A. Bermann

Faculty Scholarship

Despite its title, the American Law Institute's Restatement (Third) of the U.S. Law of International Arbitration is the ALI's first Restatement ever on the subject of international commercial arbitration. The ALI commissioned this Restatement not merely because the subject has become so important in international commerce, but because the American law on the subject is deeply unsettled. After all, the purpose of Restatements is to bring clarity and coherence and, where necessary, improvement to the law. Historically, Restatements have concentrated on state rather than federal law subjects precisely because of the discrepancies among the laws of the several states on …

What Does Environmental Justice Mean In An Era Of Global Climate Change?, Michael B. Gerrard

Faculty Scholarship

The 1990s saw the emergence of the issue of environmental justice – the disproportionate exposure of low-income and minority communities to environmental hazards - into the U.S. political sphere. The 2000s saw the emergence of global climate change as a political concern. Neither has led to significant legislation at the federal level, and thus old laws designed for different purposes are being utilized with decidedly mixed results.

This article addresses the confluence of environmental justice and global climate change. The two interact in complex ways, as do the approaches to dealing with them both.

The magnitude of the climate challenge …

Detecting Deceptive Chat-Based Communication Using Typing Behavior And Message Cues, Douglas C. Derrick, Thomas O. Meservy, Jeffrey L. Jenkins, Judee K. Burgoon, Jay F. Nunamaker Jr.

Faculty Publications

Computer-mediated deception is prevalent and may have serious consequences for individuals, organizations, and society. This article investigates several metrics as predictors of deception in synchronous chatbased environments, where participants must often spontaneously formulate deceptive responses. Based on cognitive load theory, we hypothesize that deception influences response time, word count, lexical diversity, and the number of times a chat message is edited. Using a custom chatbot to conduct interviews in an experiment, we collected 1,572 deceitful and 1,590 truthful chat-based responses. The results of the experiment confirm that deception is positively correlated with response time and the number of edits and …

Breaking Out Of The Design Science Box: High-Value Impact Through Multidisciplinary Design Science Programs Of Research, Jay F. Nunamaker Jr., Nathan W. Twyman, Justin Scott Giboney

Faculty Publications

Conducting research that will make an impact is a difficult challenge for any research discipline. Information Systems is no exception, and there is much discussion on how to increase the level of real-world impact of our research. This paper details a framework for generating high-impact research through a DSR-driven program of research. The framework rests on the propositions that as opposed to individual or ad-hoc team-driven approaches, increased impact is more likely to be realized by 1) sustained collaborative research programs that 2) employ multiple research methods to 3) shepherd concepts from the ideation stage all the way to realized, …

Gandhi And Copyright Pragmatism, Shyamkrishna Balganesh

Faculty Scholarship

Mahatma Gandhi is revered the world over for his views on freedom and nonviolence – ideas that he deployed with great success during India’s freedom struggle. As a thinker, he is commonly considered to have been a moral idealist: anti-utilitarian in mindset and deeply skeptical of market mechanisms. Yet, when he engaged with copyright law – as a writer, editor, and publisher – he routinely abjured the idealism of his abstract thinking in favor of a lawyerly pragmatism. Characterized by a nuanced understanding of copyright law and its conflicting normative goals, Gandhi’s thinking on copyright law reveals a reasoned, contextual, …

Snake Oil Salesman Or Purveyors Of Knowledge: Off-Label Promotions And The Commercial Speech Doctrine, Constance E. Bagley, Joshua Mitts

Faculty Scholarship

The Second Circuit’s December 2012 decision in United States v. Caronia striking down the prohibition on off-label marketing of pharmaceutical drugs has profound implications for economic regulation in general, calling into question the constitutionality of restrictions on the offer and sale of securities under the Securities Act of 1933, the solicitation of shareholder proxies and periodic reporting under the Securities Exchange Act of 1934, mandatory labels on food, tobacco, and pesticides, and a wide range of privacy protections. In this Article we suggest that Caronia misconstrues the Supreme Court’s holding in Sorrell v. IMS Health, which was motivated by concerns …

Intersectionality: Mapping The Movements Of A Theory, Devon Carbado, Kimberlé W. Crenshaw, Vicki M. Mays, Barbara Tomlinson

Faculty Scholarship

Very few theories have generated the kind of interdisciplinary and global engagement that marks the intellectual history of intersectionality. Yet, there has been very little effort to reflect upon precisely how intersectionality has moved across time, disciplines, issues, and geographic and national boundaries. Our failure to attend to intersectionality’s movement has limited our ability to see the theory in places in which it is already doing work and to imagine other places to which the theory might be taken. Addressing these questions, this special issue reflects upon the genesis of intersectionality, engages some of the debates about its scope and …

Some Pluralism About Pluralism: A Comment On Hanoch Dagan's "Pluralism And Perfectionism In Private Law", Jedediah S. Purdy

Faculty Scholarship

Hanoch Dagan is among “those who think it advantageous to get as much ethics into the law as they can,” in the phrase of Oliver Wendell Holmes, Jr. His pluralism is a perfectionism for polytheists: There are many human goods, and each has its domain, including some portion of the law of property. Depending on where we stand on the property landscape at any time, we may be community-minded sharers, devoted romantics in marriage, or coolly rational market actors, and the local property law will smooth each of these paths for us. Property law is built on the design of …

A Framework For Institutional Adoption And Implementation Of Blended Learning In Higher Education, Charles R. Graham, Wendy Woodfield, J. Buckley Harrison

Faculty Publications

There has been rapid growth in blended learning implementation and research focused on course-level issues such as improved learning outcomes, but very limited research focused on institutional policy and adoption issues. More institutional-level blended learning research is needed to guide institutions of higher education in strategically adopting and implementing blended learning on campus. This research investigates six cases of institutional adoption of blended learning to examine the key issues that can guide university administrators interested in this endeavor. Cases were selected to represent institutions at various stages of blended learning adoption including (1) awareness/exploration, (2) adoption/early implementation, and (3) mature …

The Nature Of Parental Interactions In An Online Charter School, Jered Borup, Charles R. Graham, Randall S. Davies

Faculty Publications

A belief commonly held in the K–12 education community is that parents can have a positive impact on their child’s learning. However, little research has examined parental involvement in an online learning environment. In this study, researchers using survey data found that generally students and parents viewed parent–instructor and learner–parent interactions as motivational. Students viewed learner–parent interaction as significantly more motivational than did their parents. The quantity of reported parental interactions was generally negatively correlated with course outcomes. These negative correlations may be the result of parents’ tendency to increase interaction levels following poor student performance and may not reflect …

An Analysis Of Research Trends In Dissertations And Theses Studying Blended Learning, Jeffrey S. Drysdale, Charles R. Graham, Kristian J. Spring, Lisa R. Halverson

Faculty Publications

This article analyzes the research of 205 doctoral dissertations and masters' theses in the domain of blended learning. A summary of trends regarding the growth and context of blended learning research is presented. Methodological trends are described in terms of qualitative, inferential statistics, descriptive statistics, and combined approaches to data analysis. Research topics are divided into nine topics (learner outcomes, dispositions, instructional design, interaction, comparison, demographics, technology, professional development, and other), each containing several sub-topics. Patterns in these topics are analyzed to identify gaps in research and to highlight opportunities for future research as the field of blended learning continues …

Academic Performance, Course Completion Rates, And Student Perception Of The Quality And Frequency Of Interaction In A Virtual High School, Abigail Hawkins, Charles R. Graham, Richard R. Sudweeks, Michael K. Barbour

Faculty Publications

This study examined the relationship between students’ perceptions of teacher– student interaction and academic performance at an asynchronous, self-paced, statewide virtual high school. Academic performance was measured by grade awarded and course completion. There were 2269 students who responded to an 18-item survey designed to measure student perceptions on the quality and frequency of teacher–student interaction. Quality of interaction was subdivided into three constructs representing feedback, procedural, and social interaction. A confirmatory factor analysis helped to establish the fit of the statistical model for teacher–student interaction. Hierarchical logistical regression indicates that an increase in the quality and frequency of interaction …

A Descriptive Study Of Factors Associated With The Internal Audit Function Having An Impact: Comparisons Between Organizations In A Developed And An Emerging Economy, Audrey A. Gramling, Irem Nuhoglu, David A. Wood

Faculty Publications

An internal audit function (IAF) should positively impact financial reporting and governance, and add value to its organization. We provide evidence on IAF factors (i.e., characteristics, activities, work areas) associated with these types of impact and whether these factors, and their influence on various impacts, differ between a developed and an emerging economy (i.e., US, Turkey). Factors positively associated with financial reporting in the US are assurance activities, control work, and competence; in Turkey, significant factors are governance work and competence. For governance, we find that the factors positively associated with it in the US include assurance activities, governance work, …

Factors Associated With Price Reactions And Analysts’ Forecast Revisions Around Sec Filings, Theodore E. Christensen, William G. Heninger, Earl K. Stice

Faculty Publications

We investigate the extent to which rapid accessibility of financial reports filed electronically through the Securities and Exchange Commission’s EDGAR system has affected the ability of investors and security analysts to use accounting data in pricing decisions and forecasting. Consistent with prior research, we find evidence confirming that stock price reactions to SEC filings are significant in the EDGAR period but not the pre-EDGAR period. We also find significant revisions in analysts’ one-quarter-ahead earnings forecasts around SEC filings dates in both the pre-EDGAR and EDGAR periods. The price and forecast revision evidence indicates that financial analysts have used SEC filings …