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2016

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Folate And Inflammatory Markers Moderate The Association Between Helicobacter Pylori Exposure And Cognitive Function In Us Adults, Bruce L. Brown, Andrew N. Berrett, Shawn D. Gale, Lance D. Erickson, Dawson W. Hedges Jan 2016

Folate And Inflammatory Markers Moderate The Association Between Helicobacter Pylori Exposure And Cognitive Function In Us Adults, Bruce L. Brown, Andrew N. Berrett, Shawn D. Gale, Lance D. Erickson, Dawson W. Hedges

Faculty Publications

Background: Helicobacter pylori(H. pylori) infection is associated with cogni-tive deficits in humans, an association potentially mediated or moderated byfolate concentration or inflammation.Materials and

Methods: We used the National Health and Nutrition Exami-nation Survey (NHANES) datasets to examine whether folate concentrationor inflammation mediates or moderates the relationship betweenH. pyloriand cognitive function. Models were performed using linear, Poisson, andzero-inflated Poisson regression, and we performed separate analyses forgroups aged 20–59 and 60–90 years with sample sizes ranging from 700 to1700.Results:We did not find evidence of mediation in either age group. In the20- to 59-year group, interactions betweenH. pyloriand ferritin (pvaluesranging from .004 to …


No Association Between Current Depression And Latent Toxoplasmosis In Adults, Bruce L. Brown, Shawn D. Gale, Andrew N. Berrett, Lance D. Erickson, Dawson W. Hedges Jan 2016

No Association Between Current Depression And Latent Toxoplasmosis In Adults, Bruce L. Brown, Shawn D. Gale, Andrew N. Berrett, Lance D. Erickson, Dawson W. Hedges

Faculty Publications

Changes in behaviour and cognition have been associated with latent infection from the apicomplexan protozoan Toxoplasma gondii (Nicolle et Manceaux, 1908) in both animal and human studies. Further, neuropsychiatric disorders such as schizophrenia have also been associated with latent toxoplasmosis. Previously, we found no association between T. gondii immunoglobulin G antibody (IgG) seropositivity and depression in human adults between the ages of 20 and 39 years (n = 1 846) in a sample representative of the United States collected by the Centers for Disease Control as part of a National Health and Nutrition Examination Survey (NHANES) from three datasets collected …


No Association Between Latent Toxoplasmosis And Multiple Body Measures In U.S. Adults, Bruce L. Brown, Andrew N. Berrett, Shawn D. Gale, Lance D. Erickson, Dawson W. Hedges Jan 2016

No Association Between Latent Toxoplasmosis And Multiple Body Measures In U.S. Adults, Bruce L. Brown, Andrew N. Berrett, Shawn D. Gale, Lance D. Erickson, Dawson W. Hedges

Faculty Publications

Toxoplasma gondii (Nicolle et Manceaux, 1908) is an intracellular parasite that can cause ongoing latent infection persisting for the duration of a non-definitive host's life. Affecting approximately one-third of the world's population, latent toxoplasmosis has been associated with neuropsychological outcomes and a previous report suggested an association between latent toxoplasmosis and adult height. Given the large number of people with latent toxoplasmosis and its potential associations with human height, we sought to better understand the association between latent toxoplasmosis and human morphology by evaluating seropositivity for T. gondii and multiple body measures reported in the National Health and Nutrition Examination …


The Unique Influences Of Parental Divorce And Parental Conflict On Emerging Adults In Romantic Relationships, Scott R. Braithwaite, Reed A. Doxey, Krista Dowdle, Frank D. Fincham Jan 2016

The Unique Influences Of Parental Divorce And Parental Conflict On Emerging Adults In Romantic Relationships, Scott R. Braithwaite, Reed A. Doxey, Krista Dowdle, Frank D. Fincham

Faculty Publications

Parental divorce and parental conflict influence children across multiple domains, including risk of divorce in their own marriages. However, parental conflict and divorce, both separately and the interaction between the two, have not often been studied in premarital relationships, especially when considering possible mechanisms mediating these effects. In a large sample of emerging adults (N = 353), we show that when the most plausible mediating mechanisms are simultaneously considered, only relational commitment mediates the influence of parental conflict on outcomes. Parental conflict in the absence of divorce was associated with less commitment and, in turn, less relationship satisfaction and stability …


What Mediates The Relationship Between Religious Service Attendance And Aspects Of Well-Being?, Scott A. Baldwin, Patrick R. Steffen, Kevin S. Masters Jan 2016

What Mediates The Relationship Between Religious Service Attendance And Aspects Of Well-Being?, Scott A. Baldwin, Patrick R. Steffen, Kevin S. Masters

Faculty Publications

Religious service attendance predicts increased well-being across a number of studies. It is not clear, however, whether this relationship is due to religious factors such as intrinsic religiosity or due to nonreligious factors such as social support or socially desirable responding. The purpose of the present study was to examine the relationship between religious service attendance and well-being while simultaneously examining intrinsic religiosity, social support, and socially desirable responding as potential mediators of the relationship. A sample of 855 participants (71 % female, average age 19.5) completed questionnaires assessing religiosity, social support, socially desirable responding, and well-being. Path models were …


Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss Jan 2016

Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss

Articles by Maurer Faculty

Research comparing the relative significance of economic exchange theories and gender norms on parents’ division of income-producing and domestic responsibilities often fails to consider sufficiently the role that marriage may play. This article shows that, in the United States, numerous aspects of state and federal law relating to marriage encourage spouses to specialize in distinct breadwinning and caretaking roles. Same-sex marriage offers new opportunities to assess the importance of marriage in household labor allocation decisions while controlling for gender. For any data gathered before June 2015, however, it may be distorting to characterize same-sex couples as simply “married” or “un-married”; …


The Drug Court Paradigm, Jessica M. Eaglin Jan 2016

The Drug Court Paradigm, Jessica M. Eaglin

Articles by Maurer Faculty

Drug courts are specialized, problem-oriented diversion programs. Qualifying offenders receive treatment and intense court-supervision from these specialized criminal courts, rather than standard incarceration. Although a body of scholarship critiques drug courts and recent sentencing reforms, few scholars explore the drug court movement’s influence on recent sentencing policies outside the context of specialized courts.

This Article explores the broader effects of the drug court movement, arguing that it created a particular paradigm that states have adopted to manage overflowing prison populations. This drug court paradigm has proved attractive to politicians and reformers alike because it facilitates sentencing reforms for low-level, nonviolent …


Buyers In The Baby Market: Toward A Transparent Consumerism, Jody L. Madeira, June Carbone Jan 2016

Buyers In The Baby Market: Toward A Transparent Consumerism, Jody L. Madeira, June Carbone

Articles by Maurer Faculty

This Article assesses the forces on the horizon remaking the fertility industry, including greater consolidation in the health care industry, the prospects for expanding (or contracting) insurance coverage, the likely sources of funding for future innovation in the industry, and the impact of globalization and fertility tourism. It concludes that concentration in the American market, in contrast with other medical services, may not necessarily raise prices, and price differentiation may proceed more from fertility tourism than from competition within a single geographic region. The largest challenge may be linking those who would fund innovation, whether innovation that produces new high …


Foreign Governments As Plaintiffs In U.S. Courts And The Case Against "Judicial Imperialism", Hannah L. Buxbaum Jan 2016

Foreign Governments As Plaintiffs In U.S. Courts And The Case Against "Judicial Imperialism", Hannah L. Buxbaum

Articles by Maurer Faculty

One consequence of the increasingly transnational nature of civil litigation is that U.S. courts must frequently address the interests of foreign sovereigns. These interactions arise primarily in three contexts: when a foreign government is the defendant in a U.S. court; when a claim requires a U.S. court to scrutinize actions taken by a foreign government; and when a U.S. court seeks to apply U.S. law to persons or conduct within a foreign government’s borders. Each of these contexts invokes a narrative in which the engagement of U.S. courts interferes or conflicts with the prerogatives of a foreign sovereign. As a …


For Love Or Money? The Economic Consequences Of Delayed Marriage, Jason S. Carroll Jan 2016

For Love Or Money? The Economic Consequences Of Delayed Marriage, Jason S. Carroll

Faculty Publications

It has been well documented that over the last few decades we have seen a substantial increase in the median age of marriage in the United States. In fact, we are currently at all-time historic highs in these trends. According to the Current Population Survey from the U.S. Census, the median age of marriage right now is nearly 29 years of age for men and 27 years of age for women. Given the trajectory of this trend over the last several years, we are quickly approaching a time in our culture where half of marriages will occur for individuals after …


The Benefit Of Friends: The Importance Of Sexual Restraint And Friendship In Marriage Formation, Jason S. Carroll Jan 2016

The Benefit Of Friends: The Importance Of Sexual Restraint And Friendship In Marriage Formation, Jason S. Carroll

Faculty Publications

For young adults today, the word "friend" has multiple and sometimes contradictory meanings. For example, the term "friend" can refer to one's "best friend (BFF)" or "boyfriend" or "girlfriend"–labels that typically convey an ongoing relationship of commitment and concern between two people. But at the time, someone can be "friends" with several hundred people on their Facebook page, many of whom he or she never associates with or barely knows. And even a stranger is considered "friendly" when he is nice or courteous, even though there is no ongoing form of friendship in that association. In our modern society the …


The Fall Of Fertility: How Same-Sex Marriage Will Further Declining Birthrates In The United States, Jason S. Carroll, Walter Schumm Jan 2016

The Fall Of Fertility: How Same-Sex Marriage Will Further Declining Birthrates In The United States, Jason S. Carroll, Walter Schumm

Faculty Publications

The current debate over the definition of marriage is typically portrayed as a decision to "expand" or "extend" the boundaries of marriage to include same-sex couples. This argument, however, rests on the assumption that the basic nature off marriage will remain largely unchanged by granting marriage status to same-sex partnerships and that all this policy change will do is absorb same-se partnerships within the existing boundaries of marriage and emend the benefits of marriage to a wider segment of society. Indeed, the very term "same-sex marriage" implies that same-sex couples in committed relationships are already a type of marriage that …


Underwriting Sustainable Homeownership: The Federal Housing Administration And The Low Down Payment Loan, David Reiss Jan 2016

Underwriting Sustainable Homeownership: The Federal Housing Administration And The Low Down Payment Loan, David Reiss

Georgia Law Review

The United States Federal Housing Administration (FHA) has been a versatile tool of government since it was created during the Great Depression. The FHA was created in large part to inject liquidity into a moribund mortgage market. It succeeded wonderfully, with rapid growth during the late 1930s. The federal government repositioned it a number of times over the following decades to achieve a variety of additional social goals. These goals included supporting civilian mobilization during World War II; helping veterans returning from that war; stabilizing urban housing markets during the 1960s; and expanding minority homeownership rates during the 1990s. It …


Let My People Grow: Putting A Number On Strict Scrutiny In The Wake Of Holt V. Hobbs, Dana A. Schwartzenfeld Jan 2016

Let My People Grow: Putting A Number On Strict Scrutiny In The Wake Of Holt V. Hobbs, Dana A. Schwartzenfeld

Georgia Law Review

Beards have always played an important role in human
society, especially in the religious context. One man's
beard even got him in front of the United States Supreme
Court. In Holt v. Hobbs, the Court decided that a prisoner
had a constitutional right to grow a one-half-inch beard
for religious purposes. In making the decision, the Court
made clear that the prisoner's religious interest far
outweighed any security threat that such a short beard
could pose to the prison. The Court declined to go any
further, however, in clarifying the beard length at which
the scales would begin to tip …


Talking Textualism, Practicing Pragmatism: Rethinking The Supreme Court's Approach To Statutory Interpretation, Robert J. Pushaw Jr. Jan 2016

Talking Textualism, Practicing Pragmatism: Rethinking The Supreme Court's Approach To Statutory Interpretation, Robert J. Pushaw Jr.

Georgia Law Review

The Supreme Court's general approach to statutory
interpretation is analytically incoherent. On the one
hand, the Court has expressly endorsed "textualism":
enforcing the plain meaning (i.e., ordinary usage) of a
statute's words, and therefore refusing to consider non-
textual evidence unless the language is unclear. On the
other hand, the Court has implicitly applied
'oragmatism"-reaching the best practical result after
examining not only a statute's text but also Congress's
intent (as revealed by legislative history), its overall
purposes, precedent, and policy.
The two cases upholding the Affordable Care Act (ACA)
illustrate this practice of purporting to follow textualism,
but then …


Listener Perceptions Of Simulated Fluent Speech In Nonfluent Aphasia, Tyson G. Harmon, Adam Jacks, Katarina L. Haley, Richard A. Faldowski Jan 2016

Listener Perceptions Of Simulated Fluent Speech In Nonfluent Aphasia, Tyson G. Harmon, Adam Jacks, Katarina L. Haley, Richard A. Faldowski

Faculty Publications

Background: People with aphasia (PWA) are frequently perceived less favorably by listeners than their peers. These perceptions include incorrect assumptions that can prevent successful social interactions. While communication partner training has been shown to improve social outcomes related to the listener (see e.g., Kagan, Black, Duchan, Simmons-Mackie, & Square, 2001), changing the verbal output of PWA may also yield more favorable listener perceptions about the speech, speaker, and their own affective response. We investigated the effects of artificially altered fluency (i.e., simulated fluency) on listeners’ subjective impressions.

Aims: The purpose of the study was to (1) confirm that listeners perceive …


Institutional Drivers And Barriers To Faculty Adoption Of Blended Learning In Higher Education, Wendy W. Porter, Charles R. Graham Jan 2016

Institutional Drivers And Barriers To Faculty Adoption Of Blended Learning In Higher Education, Wendy W. Porter, Charles R. Graham

Faculty Publications

Relatively little research on blended learning (BL) addresses institutional adoption, although such research would benefit institutions of higher education in strategically adopting and implementing BL. In a prior study, the authors proposed a framework for institutional BL adoption, identifying three stages: (1) awareness/exploration, (2) adoption/early implementation, and (3) mature implementation/growth. The framework also identified key strategy, structure and support issues universities may address at each stage. The current study applies that framework as well as Rogers’ diffusion of innovations theory to determine the degree to which institutional strategy, structure and support decisions facilitate or impede BL adoption among higher education …


The Mediating Effects Of Autonomy, Competence, And Relatedness During Couple Leisure On The Relationship Between Total Couple Leisure Satisfaction And Marital Satisfaction, Miriam Puerta Amato, Neil Lundberg, Peter Ward, Bruce G. Schaalje, Ramon Zabriskie Jan 2016

The Mediating Effects Of Autonomy, Competence, And Relatedness During Couple Leisure On The Relationship Between Total Couple Leisure Satisfaction And Marital Satisfaction, Miriam Puerta Amato, Neil Lundberg, Peter Ward, Bruce G. Schaalje, Ramon Zabriskie

Faculty Publications

This study tested Self-Determination Theory as a possible explanatory framework to understand the relationship between total couple leisure satisfaction and marital satisfaction. The three psychological needs of autonomy, competence, and relatedness—fundamental components of Self-Determination Theory—were measured through the Fulfillment of Psychological Needs during Couple Leisure (FPNL) scale and were tested as mediators. The analysis of five structural equation models confirmed the relevance of the Self-Determination Theory in explaining the relationship between couple leisure satisfaction and marital satisfaction. Although autonomy and competence were significant mediators, relatedness consistently appeared as the strongest mediator suggesting that the fulfillment of this psychological need is …


Applying Basic Gamification Techniques To It Compliance Training: Evidence From The Lab And Field, Ryan J. Baxter, D. Kip Holderness, David A. Wood Jan 2016

Applying Basic Gamification Techniques To It Compliance Training: Evidence From The Lab And Field, Ryan J. Baxter, D. Kip Holderness, David A. Wood

Faculty Publications

Companies depend on strong internal controls to protect the integrity of accounting information systems. IT security and data privacy training are critical controls to safeguarding company information. However, employees often dislike the training, which can cause a lack of attention to and poor understanding of training concepts, leading to less effective internal controls. To improve the training experience, companies are implementing principles of games into employee training modules; a practice known as gamification. Using a laboratory experiment of data privacy training and a field study involving a publicly-traded bank’s rollout of IT security training, we test whether a training environment …


Comparing The Publication Process In Accounting, Economics, Finance, Management, Marketing, Psychology, And The Natural Sciences, David A. Wood Jan 2016

Comparing The Publication Process In Accounting, Economics, Finance, Management, Marketing, Psychology, And The Natural Sciences, David A. Wood

Faculty Publications

I present two types of data about the publication and review process in the accounting, economics, finance, management, marketing, psychology, and natural science disciplines. First, I collect all articles published in 2012 in top tier journals of these disciplines and compare the articles based on word counts, figures and tables included in each article, the time it took to be published, citations, the number of co-authors, and submission fees. I then survey academics in each discipline. Survey questions were designed to evaluate overall perceptions of the review process; changes in the review process in the last 5 years; opinions about …


Wsáneć Legal Theory And The Fuel Spill At Selektel (Goldstream River), Robert Clifford Jan 2016

Wsáneć Legal Theory And The Fuel Spill At Selektel (Goldstream River), Robert Clifford

All Faculty Publications

SELEK̵TEL̵ (Goldstream River), on Coast Salish territory on Southern Vancouver Island in British Columbia, is an important salmon spawning river and fishing location for the WSÁNEĆ (Saanich) people. On April 16, 2011, it was also the site of a diesel and gasoline spill.

In this article, I explore the processes of revitalizing WSÁNEĆ law and how we might think about the revitalization of WSÁNEĆ law in the context of this fuel spill. While I do not present a definitive statement of the application of WSÁNEĆ law, I explore what is needed in order to understand WSÁNEĆ law on its own …


Evaluation Of Ray-Path Integrals In Geometrical Optics, John A. Adam, Michael Pohrivchak Jan 2016

Evaluation Of Ray-Path Integrals In Geometrical Optics, John A. Adam, Michael Pohrivchak

Mathematics & Statistics Faculty Publications

A brief summary of the physical context to this paper is provided, and the deviation angle undergone by an incident ray after k internal reflections inside a transparent unit sphere is formulated. For radially inhomogeneous spheres (in particular) this angle is related to a ray-path integral; an improper integral for which there are relatively few known exact analytical forms, even for simple refractive index profiles n(r). Thus for a linear profile the integral is a combination of incomplete elliptic integrals of the first and third kinds (though not all are as complicated as this). The ray-path integral is evaluated …


Crossing The Line: Daubert, Dual Roles, And The Admissibility Of Forensic Mental Health Testimony, Sara Gordon Jan 2016

Crossing The Line: Daubert, Dual Roles, And The Admissibility Of Forensic Mental Health Testimony, Sara Gordon

All Faculty Publications

Psychiatrists and other mental health professionals often testify as forensic experts in civil commitment and criminal competency proceedings. When an individual clinician assumes both a treatment and a forensic role in the context of a single case, however, that clinician forms a dual relationship with the patient—a practice that creates a conflict of interest and violates professional ethical guidelines. The court, the parties, and the patient are all affected by this conflict and the biased testimony that may result from dual relationships. When providing forensic testimony, the mental health professional’s primary duty is to the court, not to the patient, …


Can Pragmatism Function In Administrative Law?, Jocelyn Stacey, Alice Woolley Jan 2016

Can Pragmatism Function In Administrative Law?, Jocelyn Stacey, Alice Woolley

All Faculty Publications

This article draws out the ways in which Justice Rothstein grappled with complexity in administrative law. It argues that Justice Rothstein took a pragmatic approach to complexity in administrative law. Specifically, he sought to articulate a framework for judicial review that was workable for administrative decision-makers, litigants, their lawyers and reviewing courts. In addition, he looked to past experience with judicial review, evidenced in judicial precedent, rather than focusing on abstract theoretical norms.


Recovering With Acquired Apraxia Of Speech: The First 2 Years, Tyson G. Harmon, Katarina L. Haley, Jennifer N. Shafer, Adam Jacks Jan 2016

Recovering With Acquired Apraxia Of Speech: The First 2 Years, Tyson G. Harmon, Katarina L. Haley, Jennifer N. Shafer, Adam Jacks

Faculty Publications

This study was intended to document speech recovery for 1 person with acquired apraxia of speech quantitatively and on the basis of her lived experience. The second author sustained a traumatic brain injury that resulted in acquired apraxia of speech. Over a 2-year period, she documented her recovery through 22 video-recorded monologues. We analyzed these monologues using a combination of auditory perceptual, acoustic, and qualitative methods. Recovery was evident for all quantitative variables examined. For speech sound production, the recovery was most prominent during the first 3 months, but slower improvement was evident for many months. Measures of speaking rate, …


The Effects Of Noise On Speech Movements In Young, Middle- Aged, And Older Adults. Speech, Language And Hearing, Christopher Dromey, Sarah Scott Jan 2016

The Effects Of Noise On Speech Movements In Young, Middle- Aged, And Older Adults. Speech, Language And Hearing, Christopher Dromey, Sarah Scott

Faculty Publications

People often talk in noisy environments, which can influence the effectiveness of communication. This study examined the impact of several types of noise on speech production by measuring lip movements during a sentence repetition task. Sixty participants in three age groups ranging from 20 to 70 repeated a sentence under five noise conditions (silence, one person reading aloud, two readers, six readers, and pink noise).A head-mounted strain gauge system tracked vertical lip movements. With the presentation of noise during a speaking task, the intensity increased due to the Lombard effect in all of the noise conditions. The utterance duration for …


Laryngeal Desiccation Challenge And Nebulized Isotonic Saline In Healthy Male Singers And Nonsingers: Effects On Acoustic, Aerodynamic, And Self-Perceived Effort And Dryness Measures, Christopher Dromey, Kristine Tanner, Robert B. Fujiki, Ray M. Merrill, Whitney Robb, Katherine A. Kendall, J Arden Hopkin, Ron W. Channell, M Preeti Sivasankar Jan 2016

Laryngeal Desiccation Challenge And Nebulized Isotonic Saline In Healthy Male Singers And Nonsingers: Effects On Acoustic, Aerodynamic, And Self-Perceived Effort And Dryness Measures, Christopher Dromey, Kristine Tanner, Robert B. Fujiki, Ray M. Merrill, Whitney Robb, Katherine A. Kendall, J Arden Hopkin, Ron W. Channell, M Preeti Sivasankar

Faculty Publications

Summary: Objectives. This study examined the effects of a laryngeal desiccation challenge and nebulized isotonic saline on voice production in young, healthy male singers and nonsingers. Study design. This is a prospective, double-blind, within-subjects experimental design. Methods. Participants included 10 male university-trained singers and 10 age-matched nonsingers (mean age, 21.8 years; range, 18–26 years) who underwent a 30-minute oral breathing laryngeal desiccation challenge using medical grade dry air (<1% relative humidity) on two occasions in consecutive weeks. After the challenge, participants received either 3 mL or 9 mL of nebulized isotonic saline (0.9% Na+ Cl); order of administration was counterbalanced. Phonation threshold pressure (PTP), the cepstral spectral index of dysphonia (CSID) for sustained vowels and connected speech, and self-perceived vocal effort, mouth dryness, and throat dryness were measured at each recording (baseline, after challenge, and at 5, 35, and 65 minutes after treatment). Results. Self-perceived effort and dryness measures increased (worsened) after desiccation challenge and decreased (improved) after nebulized treatment (P < 0.05). No consistent changes were observed for PTP or CSID over time. Overall, singers demonstrated significantly lower vocal effort and CSID as compared with nonsingers. Conclusions. Young, vocally healthy men may not experience physiologic changes in voice production associated with laryngeal desiccation and nebulized saline treatments; however, self-reported increases in vocal effort which are associated with dryness symptoms might improve with nebulized treatments. Future hydration research should consider age and sex variables


Articulatory-Acoustic And Kinematic Relationships In Comfortable And Loud Speech, Christopher Dromey, Jason A. Whitfield, Panika Palmer Jan 2016

Articulatory-Acoustic And Kinematic Relationships In Comfortable And Loud Speech, Christopher Dromey, Jason A. Whitfield, Panika Palmer

Faculty Publications

During speech, movements of the vocal tract systematically alter vowel acoustics. A number of investigations have examined these articulatory acoustic relationships (e.g., Mefferd & Green, 2010). Studies have shown that systematic changes in speaking style, such as in clear or loud speech, yield greater excursions of articulatory gestures that are accompanied by an expansion of formant frequency measures in F1-F2 space (Mefferd & Green, 2010; Tasko & Greilick, 2010). A recent investigation introduced the Articulatory-Acoustic Vowel Space (AAVS), a measure of working formant space that uses continuously sampled formant data from connected speech (Whitfield & Goberman, 2014). No data, however, …


Leveraging Federal Land Plans Into Landscape Conservation, Robert L. Fischman Jan 2016

Leveraging Federal Land Plans Into Landscape Conservation, Robert L. Fischman

Articles by Maurer Faculty

Professor Fischman’s article suggests several ways in which a mandated unit-level (e.g. an individual national forest) plan can better contribute to goals of a larger region (e.g. the Willamette River watershed) and of federal agencies (e.g. mandates to maintain ecological integrity). The scientific literature is largely in agreement that achieving ecological integrity, adaptive management, and climate change resiliency all require large-scale coordination across property boundaries and jurisdictions. The author takes these widely accepted findings as a starting point and shows how public agencies can implement effective practices. The article attempts to integrate traditional regulatory analysis with actual planning practices as …


The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser Jan 2016

The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser

Articles by Maurer Faculty

One of the most egregious examples of the tension between federal employment discrimination law and psychological science is the federal common law doctrine known as the same-actor inference.

When originally elaborated by the Fourth Circuit in Proud v. Stone, the same-actor doctrine applied only when an “employee was hired and fired by the same person within a relatively short time span.” In the two decades since, the doctrine has widened and broadened in scope. It now subsumes many employment contexts well beyond hiring and firing, to scenarios in which the “same person” entails different groups of decision makers, and the …