Digital Commons Network^™

Article 41 And The Right To Appeal, Benjamin L. Liebman

Faculty Scholarship

Extensive discussion of the Chinese Constitution focuses on the ways in which the Constitution is under-enforced or not implemented. This essay takes a different approach, examining one clause that is arguably at times over-enforced, providing for constitutional authorization for challenging legal determinations outside the legal system. This essay’s focus is Article 41 of the 1982 Constitution, which protects the rights of citizens to file complaints (shensu 申诉) against illegal conduct of state actors. My goal in this essay is to examine the ways in which the concept of shensu is used to provide a basis for challenges to state action …

Street Stops And Police Legitimacy: Teachable Moments In Young Urban Men's Legal Socialization, Tom Tyler, Jeffrey Fagan, Amanda Geller

Faculty Scholarship

An examination of the influence of street stops on the legal socialization of young men showed an association between the number of police stops they see or experience and a diminished sense of police legitimacy. This association was not primarily a consequence of the number of stops or of the degree of police intrusion during those stops. Rather, the impact of involuntary contact with the police was mediated by evaluations of the fairness of police actions and judgments about whether the police were acting lawfully. Whether the police were viewed as exercising their authority fairly and lawfully shaped the impact …

Measures Of Written Linguistic Accuracy: Questions Of Reliability, Validity, And Practicality, Troy L. Cox, Norman W. Evans, K. James Hartshorn, Teresa Martin De Jel

Faculty Publications

Determining linguistic improvement in L2 writing requires a precise measure of linguistic accuracy. Although numerous metrics of linguistic accuracy have been used in L2 research, Wigglesworth and Foster (2008) proposed a new kind of measure—a weighted clause ratio—based on the adequacy of the writer’s conveyed meaning. This paper evaluates the validity of this metric and compares it to two of the most similar measures of linguistic accuracy currently in use: the error-free T-unit ratio and the error-free clause ratio. The data collected and analyzed in this study were drawn from over 350 writing samples generated by 81 ESL writers whose …

Empirical Validation Of Listening Proficiency Guidelines, Troy L. Cox, Ray Clifford

Faculty Publications

Because listening has received little attention and the validation of ability scales describing multidimensional skills is always challenging, this study applied a multistage, criterion‐referenced approach that used a framework of aligned audio passages and listening tasks to explore the validity of the ACTFL and related listening proficiency guidelines. Rasch measurement and statistical analyses of data generated in seven separate language studies resulted in significant differences in listening difficulty between the proficiency levels tested and confirmed the validity of the ACTFL proficiency assessment for listening.

Assessing The Validity Of Can‐Do Statements In Retrospective (Then‐Now) Self‐Assessment, Troy L. Cox, N. Anthony Brown, Dan P. Dewey

Faculty Publications

In this study, the authors evaluated the strengths and limitations of a self‐ assessment based on ACTFL Can‐Do statements (ACTFL, 2013) as a tool for measuring linguistic gains over an internship abroad in Russia. They assessed its reliability, determined how its items mapped with the ACTFL scale, and measured the degree to which students’ self‐evaluations matched oral proficiency interview (OPI) test results (i.e., predictive validity). Data revealed a high level of reliability. Furthermore, self‐ assessment items ascended in the order of difficulty expected (i.e., Superior items were the most difficult, followed by Advanced), but differences between the means for items …

Variables Affecting L2 Gains During Study Abroad, Wendy Baker-Smemoe, Dan P. Dewey, Jennifer Brown, Rob A. Martinsen

Faculty Publications

Second language (L2) gains during study abroad have been related to several variables including length of stay (Llanes, 2011), language use (Martinsen, Baker, Dewey, Bown, & Johnson, 2010), and social network development (Isabelli‐ García, 2006), among others. However, most studies have investigated only a few predictors in single study abroad programs. While these findings are helpful, larger scale studies are needed to better understand the variables that contribute to L2 gains across several different cultures and learner groups. The current study examines predictors of L2 gain of more than 100 native English speakers who participated in study abroad in Mexico, …

Does Measuring L2 Utterance Fluency Equal Measuring Overall L2 Proficiency? Evidence From Five Languages, Wendy Baker-Smemoe, Dan P. Dewey, Jennifer Brown, Rob A. Martinsen

Faculty Publications

The current study examined the relationship between overall second language (L2) proficiency and utterance fluency measures for several L2s in order to determine whether utterance measures can be used to predict L2 proficiency. The study measured the speech rate, number of hesitations, number and length of pauses, number and length of runs, and number of false starts using excerpts from 126 ACTFL Oral Proficiency Interviews (OPIs) spoken by 86 participants. Forty of the participants provided pre‐ and post‐OPI speech samples, which also allowed examination of changes over time. All 86 participants were native English speakers who spoke L2 French, German, …

Language Use In Six Study Abroad Programs: An Exploratory Analysis Of Possible Predictors, Wendy Baker-Smemoe, Dan P. Dewey, Jennifer Brown, Rob A. Martinsen, Carrie Gold, Dennis Eggett

Faculty Publications

A common predictor of language gains during study abroad (SA) is amount of language use. Yet little attention has been given to determining what factors influence the extent of language use while abroad. Studies in this area have mainly been case studies of learners in single locations. In this larger study, we seek to determine variables connected with language use by examining 118 learners studying abroad in Madrid, Merida (Mexico), Paris, Moscow, Nanjing, or Cairo. These learners reported their second language (L2) use over a 1-week period during their stay. Significant predictors of reported L2 use include SA program, age, …

Linguistic Behavior And Religious Activity, Wendy Baker-Smemoe, David Bowie

Faculty Publications

Studies have found that Mormons and non-Mormons in Utah exhibit significant linguistic differences. We break this down further by investigating whether there are also differences between Mormons who actively participate in the religion and those who do not, and find significant differences with a medium or larger effect size between the groups for multiple variables. We conclude that when investigating the linguistic correlates of religious affiliation in a community, it is vital to elicit not just respondents’ religious affiliations, but also their level of participation within that religion.

A Nation Called To Intergenerational Justice--Comments On Nuclear Generated Electricity, Jame Schaefer

Theology Faculty Research and Publications

No abstract provided.

The Experience Of A Pastoral Advocate And Implications For The Church, Bryan Massingale

Theology Faculty Research and Publications

This chapter presents a critique—based on the chapter’s author’s own experiences as a university teacher, parish minister, and pastoral advocate—of the deleterious effects of what he calls “the pervasive climate of fear” and reactivity that surrounds even modest attempts at open conversation among Catholics about sexual diversity and the church. It suggest that this climate of fear is debilitating and dangerous, especially within a faith community charged by Jesus to “be not afraid.” Left unaddressed, this fear has wide-ranging effects that threaten the well-being not only of LGBT Catholics but of all Catholics and indeed the very mission and identity …

The Theological Virtues And Participation In Active And Passive Spiration, Robert M. Doran

Theology Faculty Research and Publications

No abstract provided.

Editorial: A Parable For The Ecumenical Movement Today, Susan Wood

Theology Faculty Research and Publications

No abstract provided.

Primordial Lights: The Logos And Adoil In The Johannine Prologue And 2 Enoch, Andrei Orlov

Theology Faculty Research and Publications

No abstract provided.

Review Of Religious Modernism In The Low Countries, David G. Schultenover S.J.

Theology Faculty Research and Publications

No abstract provided.

Is Having Your Library In The Cloud Enough? Impact Of New Library Space On A Large Hospital System, Devica Samsundar, John Reynolds, Carrie Figueredo

All Publications

No abstract provided.

Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, Bj Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe

Faculty Scholarship

It has become increasingly clear that implications for criminal justice – both negative and positive – emerge from the rapid, important, and challenging developments in cognitive neuroscience, the study of how the brain thinks. Two examples will illustrate.

First, lawyers are ever more frequently bringing neuroscientific evidence into the courtroom, often in the forms of testimony about, and graphic images of, human brains. This trend has produced many new challenges for judges as they attempt to provide fair rulings on the admissibility of such technical evidence, consider its proper interpretation, and assess whether the probative value of such testimony may …

Modeling Change In The Presence Of Non-Randomly Missing Data: Evaluating A Shared Parameter Mixture Model, Scott A. Baldwin, Nisha C. Gottfredson, Daniel J. Bauer

Faculty Publications

In longitudinal research, interest often centers on individual trajectories of change over time. When there is missing data, a concern is whether data are systematically missing as a function of the individual trajectories. Such a missing data process, termed random coefficient-dependent missingness, is statistically non-ignorable and can bias parameter estimates obtained from conventional growth models that assume missing data are missing at random. This paper describes a shared-parameter mixture model (SPMM) for testing the sensitivity of growth model parameter estimates to a random coefficient-dependent missingness mechanism. Simulations show that the SPMM recovers trajectory estimates as well as or better than …

On The Interaction Of Implicative Structure And Type Frequency In Inflectional Systems, Jeffery R. Parker, Andrea D. Sims

Faculty Publications

How do sources of information minimize the uncertainty associated with predicting unknown inflected forms?

Diocletian’S Victory Column And The Rhetoric Of Spectacular Disruption, Richard Benjamin Crosby

Faculty Publications

This essay explores how the powerful system of cultural references in the architecture of Alexandria is disrupted by Roman visual rhetoric. Specifically, the essay closely analyzes Diocletian’s Victory Column, a monument to the third-century Roman ruler who put down an Alexandrian uprising. The authors argue that Rome employed a visual rhetoric of spectacular disruption as a means to insert itself into the city’s historical identity even after its siege created widespread disease and starvation. The essay builds on the substantial scholarship on public memory by describing a kind of rhetoric that poses a political, existential challenge to a reigning cultural …

The Berkeley Transactional Practice Project Competencies/Skills Survey, Eric L. Talley

Faculty Scholarship

This set of slides, presented by UC Berkeley Professor Eric Talley to the California State Bar Task Force on Admissions Regulation Reform, summarizes the findings of a survey of transaction-focused attorneys and faculty regarding necessary skills and competencies. The survey documents several areas that are highly valued by transaction-oriented attorneys, but which tend not to be the focus of many proposed competencies-based reforms that focus more exclusively on litigation oriented areas.

Student Achievement And French Sentence Repetition Test Scores, Deryle W. Lonsdale, Benjamin J. Millard

Faculty Publications

Sentence repetition (SR) tests are one way of probing a language learner’s oral proficiency. Test-takers listen to a set of carefully engineered sentences of varying complexity one-by-one, and then try to repeat them back as exactly as possible. In this paper we explore how well an SR test that we have developed for French corresponds with the test-taker’s achievement levels, represented by proficiency interview scores and by college class enrollment. We describe how we developed our SR test items using various language resources, and present pertinent facts about the test administration. The responses were scored by humans and also by …

Finding Genealogy Facts With Linguistic Analysis, Deryle W. Lonsdale, Peter Lindes, David W. Embley

Faculty Publications

No abstract provided.

Evaluating Lemmatization Models For Machine-Assisted Corpus-Dictionary Linkage, Deryle W. Lonsdale, Kevin Black, Eric K. Ringger, Paul Felt, Kevin Seppi, Kristian Heal

Faculty Publications

The task of corpus-dictionary linkage (CDL) is to annotate each word in a corpus with a link to an appropriate dictionary entry that documents the sense and usage of the word. Corpus-dictionary linked resources include concordances, dictionaries with word usage examples, and corpora annotated with lemmas or word senses. Such CDL resources are essential for many tasks including assisting language learners, linguistic research, philology, and translation. Lemmatization is a common approximation to automating corpus-dictionary linkage, where lemmas stand in for the headwords of an actual dictionary. In our machine-assisted CDL system design, data-driven lemmatization models provide machine assistance to human …

The Variable Effect Of Form And Lemma Frequencies On Phonetic Variation: Evidence From /S/ Realization In Two Varieties Of Colombian Spanish, Earl K. Brown, Micheal S. Gradoville, Richard J. File-Muriel

Faculty Publications

Research has shown that frequency conditions the variable realization of sounds. However, the literature has not addressed whether the frequency of the individual word forms, or form frequency, has a larger conditioning effect than the combined frequencies of the members of the paradigm to which the forms belong, or lemma frequency. Monofactorial correlation tests and monofactorial and multifactorial linear regression analyses are performed on 2,734 tokens of Spanish /s/ in sociolinguistic interviews conducted in Cali and Barranquilla, Colombia. Two findings are highlighted: (1) frequency is only significant in the variety of Spanish that has low overall rates of /s/ reduction, …

The Chronology Of Fremont Farming In Northern Utah, James R. Allison

Faculty Publications

Fremont maize cultivation in northern Utah occurred at the northernmost extent of prehistoric Native American horticulture west of the Rocky Mountains. Fremont chronology currently relies almost entirely on a large database of radiocarbon dates, but most of the existing dates are on wood charcoal subject to old wood problems; dated charcoal also often has unclear associations with maize or other cultural materials. Recent efforts to directly date archaeological maize from museum collections have helped refine the chronology of Fremont horticulture. These new dates indicate that the timing of the earliest appearance of maize varies across northern Utah, and that in …

Earthy Concreteness And Anti-Hypotheticalism In Amazonian Quichua Discourse, Janis B. Nuckolls, Tod D, Swanson

Faculty Publications

This paper attempts to weave together a number of strands of research conducted by the authors among Amazonian Quichua-speaking people in the Napo and Pastaza provinces of eastern Ecuador. We are attempting to elucidate something that we have both observed, which we are calling an earthy concreteness in the orientation of Runa, which privileges the contextualization of utterances, thoughts, and ideas to such an extent that statements about typical behaviors and generalizations are perceived to be both morally and aesthetically objectionable. This orientation is therefore highly problematic for hypothetical questioning, which is a major tool for social scientific research. In …

Mythologizing Change: Examining Rhetorical Myth As A Strategic Change Management Discourse, Jacob D. Rawlins

Faculty Publications

This article explores how rhetorical myth can be used as a tool for persuading employees to accept change and to maintain consensus during the process. It defines rhetorical myth using three concepts: chronographia (a rhetorical interpretation of history), epideictic prediction (defining a present action by assigning praise and blame to both past and future), and communal markers (using Burkean identification and rhetorically defined boundary objects to define a community). The article reports on a 3-year ethnographic study that documents the development of a rhetorical myth at Iowa State University’s Printing Services department as it underwent changes to its central software …

Still Aiming At The Wrong Target: A Case For Business Method And Software Patents From A Business Perspective, Kristen Jakobsen Osenga

Law Faculty Publications

In Part I, I briefly discuss the rise and recent fall of business method patents. Part II covers the scholarly literature discussing business method and software patents. In Part III, I explain the proxy argument that I have made elsewhere and show how it plays in the recent decisions surrounding the patent eligibility of business method and software inventions. I then explain why the analysis of business method and software patents in the literature uses the same proxy-type arguments to avoid more difficult questions of patentability and policy. Finally, I conclude by explaining how business method and software patents, if …

Design-Driven Innovation As Seen In A Worldwide, Values-Based Curriculum, Camey Andersen Hadlock, Jason K. Mcdonald

Faculty Publications

While instructional design’s technological roots have given it many approaches for process and product improvement, in most cases designers still rely on instructional forms that do not allow them to develop instruction of a quality consistent with that expressed by the field’s visionary leaders. As a result, often the teachers and students using instructional products remain confined by equally limiting views of instruction and learning that cannot help them achieve the outcomes the designer originally envisioned. In this paper we discuss how a relatively new design approach, design-driven innovation, can give instructional designers additional tools to shape the meaning …