Digital Commons Network^™

State Of Utah, Petitioner/Cross-Respondent, V . Thomas Randall Ainsworth, Respondent/Cross-Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

The Role Body-Esteem Plays In Impairment Associated With Hair-Pulling And Skin Picking In Adolescents, Elle Brennan, Douglas W. Woods, Martin E. Franklin, Nancy Keuthen, John Piacentini, Christopher A. Flessner

Psychology Faculty Research and Publications

Trichotillomania (hair pulling disorder, HPD) and pathological skin picking (PSP) are associated with significant rates of psychosocial impairment and distress. Little research has addressed the physical consequences and associated impairment in youth (e.g., poor body-esteem). The present study explores the relationship between body-esteem, skin picking (SP), and pulling-related impairment in a sample of adolescents with primary HPD. Ninety four adolescents who pull their hair, 40 of whom also pick their skin, were recruited via internet-sampling as part of the Child and Adolescent Trichotillomania Impact Study (CA-TIP). All youth and a parent completed anonymous questionnaires online assessing psychiatric symptoms, repetitive behaviors, …

Act-Enhanced Behavior Therapy In Group Format For Trichotillomania: An Effectiveness Study, Ashild Tellefsen Haaland, Shirin O. Eskeland, Erna M. Moen, Patrick A. Vogel, Svein Haseth, Kjetil Mellingen, Joseph A. Himle, Douglas W. Woods, Benjamin Hummelen

Psychology Faculty Research and Publications

Background

This study sought to investigate the effectiveness of group treatment for trichotillomania (TTM) in ordinary clinical settings. Treatment consisted of a combination of habit reversal training (HRT) and acceptance and commitment treatment (ACT). Both short- and long-term effects were explored, as well as individual change trajectories.

Methods

The sample consist of fifty-three patients with TTM. Treatment outcomes were evaluated at post-treatment and at one-year follow-up using self-report questionnaires (Massachusetts General Hospital Hair Pulling Scale, MGH-HS), structured clinical interviews (National Institute of Mental Health Trichotillomania Severity Scale, NIMH-TSS), and the Clinical Global Impression scale for TTM (CGI-TTM).

Results

Analyses by …

Comparing Fixed-Amount And Progressive-Amount Dro Schedules For Tic Suppression In Youth With Chronic Tic Disorders, Matthew R. Capriotti, Jennifer E. Turkel, Rachel A. Johnson, Flint M. Espil, Douglas W. Woods

Psychology Faculty Research and Publications

Chronic tic disorders (CTDs) involve motor and/or vocal tics that often cause substantial distress and impairment. Differential reinforcement of other behavior (DRO) schedules of reinforcement produce robust, but incomplete, reductions in tic frequency in youth with CTDs; however, a more robust reduction may be needed to affect durable clinical change. Standard, fixed‐amount DRO schedules have not commonly yielded such reductions, so we evaluated a novel, progressive‐amount DRO schedule, based on its ability to facilitate sustained abstinence from functionally similar behaviors. Five youth with CTDs were exposed to periods of baseline, fixed‐amount DRO (DRO‐F), and progressive‐amount DRO (DRO‐P). Both DRO schedules …

State Of Utah, Plaintiff/Respondent, Vs. Desean Michael Goins, Defendant/Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

Introduction To The Special Issue: Advances In Methods And Measurement In Family Psychology, Barbara H. Fiese, Brian Doss, Galena K. Rhoades, Arin Connell, Astrida S. Kaugars, Christopher J. Trentacosta

Psychology Faculty Research and Publications

This special issue presents a collection of reports that highlight recent advances in methods and measurement and also shed light on the complexity of family psychology. The importance of theory in guiding solid family science is evident throughout these reports. The reports include guides for researchers who incorporate direct observation into their research protocols and the ever-expanding field of tele-health interventions. Advanced analytic approaches are offered in the areas of grid sequence analysis, latent fixed-effects models, and the Factors of Curves Model (FOCUS). These sophisticated analytic approaches may be applied to advance systemic thinking in family psychology. The last set …

Takecare, A Video To Promote Bystander Behavior On College Campuses: Replication And Extension, Ernest N. Jouriles, Kelli Sargent, Katie Lee Salis, Christina Caiozzo, David Rosenfield, Michele Cascardi, John H. Grych, K. Daniel O'Leary, Renee Mcdonald

Psychology Faculty Research and Publications

Previous research has demonstrated that college students who view TakeCARE, a video bystander program designed to encourage students to take action to prevent sexual and relationship violence (i.e., bystander behavior), display more bystander behavior relative to students who view a control video. The current study aimed to replicate and extend these findings by testing two different methods of administering TakeCARE and examining moderators of TakeCARE’s effects on bystander behavior. Students at four universities (n = 557) were randomly assigned to one of three conditions: (a) view TakeCARE in a monitored computer lab, (b) view TakeCARE at their own convenience …

Men's Sexual Coerciveness, Perceptions Of Women's Attachment, And Dating Preferences, Lucie Holmgreen, Debra L. Oswald

Psychology Faculty Research and Publications

This study examined whether sexually coercive men are uniquely drawn to certain attachment styles in women. Specifically, it employed an experimental design to investigate what sorts of inferences men draw about women based on women's attachment styles and whether a woman's attachment style may serve as an indicator of vulnerability, rendering sexually coercive men more attracted to some women than to others. One-hundred thirty-six college men completed a measure of sexual coerciveness and answered questions about personal ads experimentally manipulated for portrayed attachment style. Findings suggest that sexually coercive men may be more attracted to women with characteristics associated with …

The Role Of Internalized Homonegativity In The Faith And Psychological Health Of Lesbians, Dane R. Whicker, Ed De St. Aubin, Kimberly R. Skerven

Psychology Faculty Research and Publications

Among lesbians, faith-based beliefs and behaviors may be associated with negative psychological health due to the interplay between religious and sexual identities. The present study examined health outcomes, faith-based beliefs (views of God as loving and controlling), faith-based behaviors (personal spiritual practices, religious activities), and internalized homonegativity in a sample of 225 self-identified lesbians. We hypothesized that internalized homonegativity would moderate the relationship between health outcomes and faith-based beliefs and behaviors among lesbians. Generally, results indicated that some faith-based beliefs and behaviors were related to negative health outcomes among lesbians with higher levels of internalized homonegativity, but among those with …

Adverse Consequences To Assisting Victims Of Campus Violence: Initial Investigations Among College Students, Alison Krauss, Ernest N. Jouriles, Kristen Yule, John H. Grych, Kelli S. Sargent, Victoria Banyard

Psychology Faculty Research and Publications

Despite growing interest in the use of bystander education programs to address the problems of sexual and relationship violence on college campuses, little knowledge exists on adverse consequences experienced by students intervening as a bystander. The current study examined the prevalence and correlates of adverse consequences of bystander intervention in two samples of first-year college students. In Study 1, 281 students completed a measure of negative consequences experienced when acting as a bystander to help someone at risk of sexual assault, relationship abuse, or stalking. Efficacy for bystander behavior was also assessed. Approximately one third of the students (97/281) reported …

The Impact Of Terrorism On Commercial Office Real Estate In Manhattan, Madeline M. O'Donnell

Honors Program Theses

The September 11, 2001 terrorist attacks (“9/11”) caused major loss of human life, financial resources, and infrastructure. Within hours, over 30 million square feet of real estate in Downtown Manhattan was lost, creating an unprecedented change in supply and demand for real estate in the area. Hundreds of companies were directly affected by the loss of their offices and business fixtures, and were forced to quickly develop plans for how and where to resume work (“A Look at Former World Trade Center Tenants,” 2002). Property owners – many of whom owned the then damaged or nonexistent buildings as ground leases …

The Professional Development Of Students Through Global Experiences, Myle Duong

Honors Program Theses

As globalization increases from advancing technologies and innovation, more businesses are entering the international market. With this, comes a demand for a culturally competent workforce. To possess cross cultural skills, college students must develop Cultural Intelligence. According to the Cultural Intelligence Center, Cultural Intelligence (CQ) is defined as the ability to relate and work effectively in culturally diverse situations. Research shows that college students who go abroad have a higher probability of standing out to employers due to the knowledge and risks associated with going global, and make further efforts to immerse themselves in cultures (10 Benefits to Studying Abroad). …

The Business Of Fraud, Jessica Marie Berkshire

Honors Program Theses

This paper will focus on fraud within companies in order to discover overarching themes of why, when, and where corporate fraud occurs. Fraud has significant financial, economic, and social implications that negatively impact a company’s business standing. Research will be based on recent frauds that have been tried through the United States Attorney’s office. Correlations will be drawn regarding the Committee of Sponsoring Organizations of the Treadway Commission’s (COSO) framework, which is a foundation for companies who want to improve their internal controls. Based on the comparisons between the COSO framework and recent fraud activity, individual COSO principles can be …

Accommodating Invisible Illnesses And Disabilities In The Workplace, Elizabeth Simmons

Honors Program Theses

As our society evolves and becomes more accepting of people impacted by disabilities, we need to work to understand how to best accommodate those disabilities in the workplace. If employees and supervisors were trained on the importance of accommodating disabilities and the potential legal risk associated with a lack of accommodation, I believe they would be more open to implementing those accommodations. This research has taught me the value of how you can never understand what every person is going through. Each individual may have different needs, but it is the duty of HR professionals to attempt to create a …

Emily Liles Harris Journals - Accession 586, American Civil War, Emily Liles Harris, David Golightly Harris

Manuscript Collection

This collection consists of six journals written by David Golightly Harris (1821-1875), concerning his life as a upcountry farmer and slave-owner who owned and operated his 100-acre farm in Spartanburg County, South Carolina. During the American Civil War he was pressed into service on the part of the Confederacy and served with the South Carolina 5^th State Troops Co. G. During his absence his wife Emily Liles Harris (1827-1899) managed their ten children, ten slaves and the farm while dutifully describing the difficulties of a southern woman operating a large farm and caring for her large family during the …

Amazon's Antitrust Paradox, Lina M. Khan

Faculty Scholarship

Amazon is the titan of twenty-first century commerce. In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. Although Amazon has clocked staggering growth, it generates meager profits, choosing to price below-cost and expand widely instead. Through this strategy, the company has positioned itself at the center of e-commerce and now serves as essential infrastructure for a host of other …

The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah S. Purdy

Faculty Scholarship

The conflict between various versions of “originalism” and “living constitutionalism” has defined the landscape of constitutional theory and practice for more than a generation, and it shows no sign of abating. Although each camp has developed a variety of methodological approaches and substantive distinctions, each one also returns to a core concern: the democratic authority of constitutional review. The late Justice Scalia crystallized the originalist concern in his dissent in Obergefell v. Hodges: “It is of overwhelming importance … who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, …

Formalization, Possession, And Ownership, Thomas W. Merrill

Faculty Scholarship

This paper is a comment on the work of Hernando de Soto, who has done so much to highlight the importance of property rights, especially in the context of what I will call migrant communities within developing countries. These are the shantytowns of Peru, the favelas of Brazil, and the bidonvilles of Haiti. De Soto characterizes these communities as “extralegal zones.” They consist, in his words, of “modest homes cramped together on city perimeters, a myriad of workshops in their midst, armies of vendors hawking their wares on the streets, and countless crisscrossing minibus lines.” I am interested in de …

City On A Hill: The Democratic Promise Of Higher Education, Rachel F. Moran

Faculty Scholarship

When we think about the democratic promise of higher education, we often think of public universities. Consider, for example, the civic-minded reflections of Gordon Davies, the former Chancellor of the University of Virginia, who concluded in 1997 that “[e]ducation is not a trivial business, a private good, or a discretionary expenditure. It is a deeply ethical undertaking at which we must succeed if we are to survive as a free people.” This lofty vision has since been undermined by persistent cuts in funding for state universities across the nation. In 2007, James Duderstadt, the former president of the University of …

Tribute To Omri Ben-Shahar, William H. J. Hubbard, Edward R. Morrison

Faculty Scholarship

As of this issue, and after 8 years of service, Omri Ben-Shahar is stepping
down as an editor of the Journal of Legal Studies.

Intention And Value, Joseph Raz

Faculty Scholarship

In previous writings, I joined those who take the view that action with an intention is an action for (what the agent takes to be) a reason, where whatever value there is in the action is a reason for it. This paper sketches the role of reasons and intentions in leading to action with an intention. Section 1 explains that though belief in the value of the intended action is not an essential constituent of intentions, nevertheless when humans act with an intention they act in the belief that there is value in the action. Section 2 explains the relative …

Freedman On Machiavelli, Philip C. Bobbitt

Faculty Scholarship

This chapter links Freedman’s work to that of Niccolò Machiavelli through constructivist realism, which is an apposite term for the two thinkers, as the unchanging sense of human nature interacts with ever changing context, and humans have to adapt to new circumstances, but with the limitations imposed on them both by themselves or situations. Despite their biographical parallels, it is the similarities and complementarities in their thinking that are more profound reasons to associate them. Both wrestle with the challenge of understanding the ways and the extent to which it is possible to anticipate and to shape the future to …

The Role Of The Author In Copyright, Jane C. Ginsburg

Faculty Scholarship

Two encroachments, one long-standing, the other a product of the digital era, cramp the author’s place in copyright today. First, most authors lack bargaining power; the real economic actors in the copyright system have long been the publishers and other exploiters to whom authors cede their rights. These actors may advance the figure of the author for the moral luster it lends their appeals to lawmakers, but then may promptly despoil the creators of whatever increased protections they may have garnered. Second, the advent of new technologies of creation and dissemination of works of authorship not only threatens traditional revenue …

Authoritarian Justice In China: Is There A Chinese Model?, Benjamin L. Liebman

Faculty Scholarship

Most recent Western popular and scholarly writing on legal reform in China has focused on two apparently contradictory trends. Since coming to power in 2012 China's new leadership has significantly curtailed the limits of permissible legal activism, highlighted most clearly by the detention and prosecution of numerous leading lawyers and academics. The Party-state has also increased oversight and control over legal education and has explicitly rejected the relevance of Western models of legality for China, including concepts such as judicial independence. At the same time, China's leadership has announced some of the most significant legal reforms in decades, in particular …

Internal Administrative Law Before And After The Apa, Gillian E. Metzger, Kevin M. Stack

Faculty Scholarship

From his early work on social security to more recent scholarship excavating the first hundred years of administrative life in the United States, Professor Jerry L. Mashaw has forcefully argued for the centrality of “internal administrative law.” Internal administrative law, as Mashaw elaborates the term, is the set of practices, procedures, and pronouncements that administrative agencies adopt to structure their work. In his view, understanding administrative institutions and their promise for systemic legality depends upon recognizing their internal administrative law. Yet, as Mashaw observes, despite its importance, internal administrative law remains at the outskirts of the field of administrative law …

Clarifying The Clear Meaning Of Separability, Shyamkrishna Balganesh

Faculty Scholarship

Speaking of the Copyright Act of 1909, noted copyright scholar Benjamin Kaplan had this to say about the role of judges therein:

[T]he statute, like its predecessors, leaves the development of fundamentals to the judges. Indeed the courts have had to be consulted at nearly every point, for the text of the statute has a maddeningly casual prolixity and imprecision throughout....

Judges, however, who in recent times have inclined against brutality, have run the risk of appearing slightly ridiculous in their tortuous interpretations.

The Copyright Act of 1976 was designed to avoid this imprecision and overt reliance on judicial creativity. …

Causing Copyright, Shyamkrishna Balganesh

Faculty Scholarship

Copyright protection attaches to an original work of expression the moment it is created and fixed in a tangible medium. Yet modern copyright law contains no viable mechanism by which to examine whether someone is causally responsible for the creation and fixation of the work. Whenever the issue of causation arises, copyright law relies on its preexisting doctrinal devices to resolve the issue, in the process cloaking its intuitions about causation in altogether extraneous considerations. This Article argues that copyright law embodies an unstated yet distinct theory of authorial causation, which connects the element of human agency to a work …

Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias

Faculty Scholarship

A well-documented problem motivates this symposium: The National Labor Relations Act (NLRA) does not effectively protect workers’ rights to organize, bargain, and strike. Though unions once represented a third of American workers, today the vast majority of workers are non-union and employed “at will.” The decline of organization among workers is a key factor contributing to the rise of economic and political inequality in American society. Yet reforming labor law at the federal level – at least in a progressive direction – is currently impossible. Meanwhile, broad preemption doctrine means that states and localities are significantly limited in their ability …

Euro-Yearnings? Moving Toward A "Substantive" Registration-Based Trademark Regime, Jane C. Ginsburg

Faculty Scholarship

In Alan Jay Lerner’s lyric, Professor Henry Higgins laments: "Why can’t a woman be more like a man?" Professor Rebecca Tushnet’s provocative article in effect urges that a U.S. trademark should be more like a European Union trademark, at least with respect to the relationship of registration to substantive protection. The article convincingly exposes the current incoherence in U.S. trademark law – a hybrid between “procedural” and “substantive” registration regimes, in which the traditional emphasis on use-based trademark rights undermines the business-planning benefits that flow from registration.

Before elaborating on the similarities between Tushnet’s suggested reforms of U.S. trademark law …

Crossfertilizing Isds With Trips, Peter K. Yu

Faculty Scholarship

In the past few years, investor-state dispute settlement (ISDS) has garnered considerable scholarly, policy and media attention. Such attention can be partly attributed to the negotiation of the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership (TTIP). It can also be attributed the growing use of ISDS to address international disputes involving intellectual property investments. Recent examples include Philip Morris’s now-failed attempts to challenge the tobacco control measures in Australia and Uruguay and Eli Lilly's equally unsuccessful effort to invalidate the patentability requirements in Canada.

Written for a symposium on investor-state arbitration, this article focuses on the growing use …