Digital Commons Network^™

Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler

Articles

Leading figures on both the political right and the political left have concluded that the agency rulemaking process is captured: that it serves to benefit businesses, at the expense of the general public. This perception appears to be supported by recent theoretical and empirical scholarship and has prompted lawmakers to introduce various proposals to reform the federal rulemaking process.

Yet as I will demonstrate in this Article, the view of the rulemaking process as captured is unwarranted. I will show that the academic literature actually provides little guidance as to the magnitude of business influence that is, the extent to …

Conduct Yourself Accordingly: Amending Bar Character & Fitness Questions To Promote Lawyer Well-Being, Janet Stearns, David Jaffe

Articles

No abstract provided.

Patently Risky: Framing, Innovation And Entrepreneurial Preferences, Elizabeth Hoffman, David L. Schwartz, Matthew L. Spitzer, Eric L. Talley

Faculty Scholarship

An emerging common wisdom holds that courts have made it “too hard” to obtain patent protection in critical industries. The origin of this criticism dates back at least as far as the United States Supreme Court’s 2012 landmark opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc. which (the argument goes) triggered a chain reaction of judicial opinions rendering patent rights progressively more difficult to secure. Two years later, the Supreme Court decided Alice Corp. v. CLS Bank, another opinion widely viewed as restricting patent rights. And, barely three years after Mayo, the Federal Circuit cited it in …

Audit Committee Accounting Expertise And The Mitigation Of Strategic Auditor Behavior, James C. Hansen, Ling Lei Lisic, Timothy Seidel, Michael S. Wilkins

Faculty Publications

Our study is motivated by the theory of credence goods in the auditing setting. We propose that audit committee accounting expertise should reduce information asymmetries between the auditor and the client, thereby limiting auditors’ ability to over-audit and under-audit. Consistent with this notion, our results indicate that when audit committees have accounting expertise, clients (1) pay lower fees when changes in standards decrease required audit effort; (2) pay a smaller fee premium in the presence of remediated material weaknesses; and (3) have a reduced likelihood of restatement when audit market competition is high. Our findings in the under-auditing setting generally …

Rethinking Leisure Time Use Metrics: Greater Diversity In Shared Sibling Leisure Is Associated With Higher Relationship Quality During Emerging Adulthood, Eric K. Layland, Camilla Hodge, Mikala Glaza, Jerrica O. Peets

Faculty Publications

Leisure diversity—the total number of unique leisure categories shared within a sibling dyad—may vary according to sibling characteristics (e.g., sibling gender, age difference) and predict sibling relationship quality. Using triangulated lists, brief narratives, and focus groups, we constructed a taxonomy of shared sibling leisure in emerging adulthood and then calculated individual leisure diversity scores. The sample (N ¼ 185) included college-attending emerging adults with an average age of 20.1 years (35.7% female). Taxonomic analysis suggested 19 categories of shared sibling leisure. Analyses of variance indicated differences by dyadic gender composition in endorsement rates of select leisure categories and average levels …

Design Principles For Signal Detection In Modern Job Application Systems: Identifying Fabricated Qualifications, Nathan W. Twyman, Steven J. Pentland, Lee Spitzley

Faculty Publications

Hiring a new employee is traditionally thought to be an uncertain investment. This uncertainty is lessened by the presence of signals that indicate job fitness. Ideally, job applicants objectively signal their qualifications, and those signals are correctly assessed by the hiring team. In reality, signal manipulation is pervasive in the hiring process, mitigating the reliability of signals used to make hiring decisions. To combat these inefficiencies, we propose and evaluate SIGHT, a theoretical class of systems affording more robust signal evaluation during the job application process. A prototypical implementation of the SIGHT framework was evaluated using a mock-interview paradigm. Results …

Successful Moderation In Online Patient Communities: Inductive Case Study, Tanner Skousen, Hani Safadi, Colleen Young, Elena Karahanna, Sami Safadi, Fouad Chebib

Faculty Publications

Background: Online patient communities are becoming more prevalent as a resource to help patients take control of their health. However, online patient communities experience challenges that require active moderation.

Objective: This study aimed to identify the challenges of sustaining a thriving online patient community and the moderation practices employed to address the challenges and manage the online patient community successfully.

Methods: An inductive case study of Mayo Clinic Connect was analyzed using the grounded theory methodology. Insights for the analysis were obtained from semistructured interviews with community managers and community members. Secondary data sources, such as community management documents, observational …

Exploring Antecedents And Consequences Of Managerial Moral Stress, Justin B. Ames, James Gaskin, Bradley D. Goronson

Faculty Publications

The legitimacy of moral stress as a distinct form of general stress has long been debated in previous research. Moreover, individual-level antecedents of moral stress are yet to be tested among executives. This study investigates role identity saliency (by calculating the total saliency of roles and competition between roles) as an individual- level antecedent of managerial moral stress and turnover intent as a consequence of managerial moral stress among high-level strategic decision makers in organisations. We also analyse the moderating effect of moral attentiveness in these relationships. Survey data were collected from 264 strategic decision makers from small to large …

Team Design Thinking, Product Innovativeness, And The Moderating Role Of Problem Unfamiliarity, Varun Nagaraj, Nicholas Berente, Kalle Lyytinen, James Gaskin

Faculty Publications

Team design thinking in new product development (NPD) refers to a set of design-oriented principles that can be embedded in the everyday routines of NPD teams. We theorize that team design thinking enables NPD teams to develop more innovative products––products that are useful and novel––by reducing the routine and cognition-based inertia that constrains the team’s innovativeness. Through a study of 247 NPD projects, we investigate the relationships between team design thinking, product utility, and product novelty. Further, we also explore whether the team’s unfamiliarity with product contexts influences these relationships. Findings show that team design thinking is positively associated with …

Which Early Withdrawal Penalty Attracts The Most Deposits To A Commitment Savings Account?, John Beshears, James J. Choi, Christopher Harris, David Laibson, Brigitte C. Madrian, Jung Sakong

Faculty Publications

Previous research has shown that some people voluntarily use commitment contracts that restrict their own choice sets. We study how people divide money between two accounts: a liquid account that permits unrestricted withdrawals and a commitment account that is randomly assigned in a between-subject design to have either a 10% earlywithdrawal penalty, or a 20% early withdrawal penalty, or not to allowearlywithdrawals at all (i.e., an infinite penalty).When the liquid account and the commitment account pay the same interest rate, higher early-withdrawal penalties attract more commitment account deposits. This pattern is predicted by the hypothesis that some participants are partially- …

Do Physician Incentives Increase Patient Medication Adherence?, Edward Kong, John Beshears, David Laibson, Brigitte C. Madrian, Kevin Volpp, George Loewenstein, Jonathan Kolstad, James J. Choi

Faculty Publications

Objective: To test the effectiveness of physician incentives for increasing patient medication adherence in three drug classes: diabetes medication, antihypertensives, and statins.

Data Sources: Pharmacy and medical claims from a large Medicare Advantage Prescription Drug Plan from January 2011 to December 2012.

Study Design: We conducted a randomized experiment (911 primary care practices and 8,935 nonadherent patients) to test the effect of paying physicians for increasing patient medication adherence in three drug classes: diabetes medication, antihypertensives, and statins. We measured patients’ medication adherence for 18 (6) months before (after) the intervention.

Data collection/extraction methods: We obtained data directly from the …

Estimating The Need For Additional Bankruptcy Judges In Light Of The Covid-19 Pandemic, Benjamin Iverson, Jared A. Ellias, Mark Roe

Faculty Publications

In this Article, we present the first effort to use an empirical approach to bolster the capacity of the bankruptcy system during a national crisis—here, the COVID-19 crisis. We provide two analyses, one using data from May 2020, very early on in the crisis, and another using data from September 2020, closer to the publication of this Article. Our analysis is based on an empirical observation: Historically, an increase in the unemployment rate has been a leading indicator of a rise in bankruptcy filings. If this historical trend continues to hold, the May 2020 unemployment rate of 13.3% would have …

A Pedagogical Model For Teaching Data Analytics In An Introductory Information Systems Python Course, Heber C. Brau, James C. Brau, Mark Keith

Faculty Publications

In this paper we answer the call of Sheppard (2012) and Brunner & Kim (2016) and present a model for teaching data analytics in an introductory information systems class using the Python programming language. The pedagogy follows an active-learning strategy in which students are assumed to have no statistical or Python programming training prior to class. The learning outcomes include: 1) Data: write code to import and manipulate data; 2) Visualization: write code to generate useful and theoretically sound data visualizations; 3) Feature Engineering: write code to generate, condense, or recombine variables (i.e., "features") of any type (numeric, categorical, ordinal, …

Deconstructing The Bright Future Of Steam And Design Thinking, Mark Graham

Faculty Publications

The emphasis on science, technology, engineering, and math (STEM) disciplines in schools has caused advocates for art education to propose the addition of the arts to the study of STEM, transforming STEM into STEAM. Many educators see STEAM as a way to engage students with interdisciplinary topics and to integrate the arts within the school curriculum (Allina, 2018;Katz-Buonincontro, 2018; Maeda, 2013; Sousa & Pilecki,2018; Watson, 2016). One method of implementing STEAM is Design Thinking (Henriksen, 2017). STEAM education and Design Thinking are both models for interdisciplinary collaboration and problem solving to foster economic innovation, develop 21st-century skills and entrepreneurial literacy, …

Technological Turbulence And Greening Of Team Creativity, Product Innovation, And Human Resource Management: Implications For Sustainability, Samuel Ogbeibu, Jude Emelifeonwu, Abdelhak Senadjki, James Gaskin, Jari Kaivo-Oja

Faculty Publications

Given the overwhelming increase in technological advancements and global warming concerns, our study attempts to investigate the predictive powers of green human resource management (GHRM) bundles and green team creativity on green product innovation. Additionally, we examine the roles of technological turbulence and environmental dynamic capability.We have administered a cross-sectional (time lag) survey design with 229 respondents from 31 manufacturing organisations in Malaysia and employed the partial least square path modelling (SmartPLS3) for data analysis. Results indicate that technological turbulence, green recruitment and selection and green training, involvement and development are positive predictors of green team creativity. Green performance and …

Gw190412: Observation Of A Binary-Black-Hole Coalescence With Asymmetric Masses, R. Abbott, T. D. Abbott, S. Abraham, A. Aich, G. Bissenbayeva, Teviet Creighton, Mario C. Diaz, Volker Quetschke, Malik Rakhmanov, K. E. Ramirez, P. K. Roy

Physics & Astronomy Faculty Publications

We report the observation of gravitational waves from a binary-black-hole coalescence during the first two weeks of LIGO’s and Virgo’s third observing run. The signal was recorded on April 12, 2019 at 05∶30∶44 UTC with a network signal-to-noise ratio of 19. The binary is different from observations during the first two observing runs most notably due to its asymmetric masses: a ∼30 M⊙ black hole merged with a ∼8 M⊙ black hole companion. The more massive black hole rotated with a dimensionless spin magnitude between 0.22 and 0.60 (90% probability). Asymmetric systems are predicted to emit gravitational waves with stronger …

A Tale Of Winglets: Evolution Of Flight Morphology In Stick Insects, Yu Zeng, Connor O'Malley, Sonal Singhal, Faszly Rahim, Sehoon Park, Xin Chen, Robert Dudley

Publications and Research

The evolutionary transition between winglessness and a full-winged morphology requires selective advantage for intermediate forms. Conversely, repeated secondary wing reductions among the pterygotes indicates relaxation of such selection. However, evolutionary trajectories of such transitions are not well-characterized. The stick insects (Phasmatodea) exhibit diverse wing sizes at both interspecific and intersexual levels, and thus provide a system for examining how selection on flight capability, along with other selective forces, drives the evolution of flight-related morphology. Here, we examine variation in relevant morphology for stick insects using data from 1,100+ individuals representing 765 species. Although wing size varies along a continuous spectrum, …

Resource Ecologies, Political Economies And The Ethics Of Audio Technologies In The Anthropocene, Eliot Bates

Publications and Research

Understanding how recorded and amplified stage musics contribute towards producing the Anthropocene necessitates attending to complex transnational flows of material, capital and labor, and how they coalesce into technological objects. This is complicated by the wide array of sites, practices and knowledges involved during various stages of the production process, from initial resource extraction, to smelting, component manufacturing, technology assembly, and distribution. To develop a suitable technological ethics, and to understand what happens to environments and to human, animal and plant lifeworlds, requires one to resist abstraction and undertake a global accounting of resource ecologies with recourse to planetary-scale political …

Recognizing The Everlasting Covenant In The Scriptures, Kerry Muhlestein

Faculty Publications

The Abrahamic, or new and everlasting, covenant is an important element of the Old Testament. In fact, the main way the Old Testament frames human relationships with God is whether people make and keep a covenant with him. Yet we often do not notice how much that theme is woven throughout all scripture. For example, the Book of Mormon title page specifically references the knowledge of the covenant as part of the purpose of writing and preserving the book, and the covenant is a major theme for many of its authors. The New Testament and the Doctrine and Covenants are …

What Are They Saying? How To Use Interviews For Research And Assessment In Libraries, Dan Broadbent

Faculty Publications

• Assessment in libraries is an essential part of managing library resources to meet the needs of patrons and stakeholders.
• How to do it?
• Interviews can provide more deep and rich information than simple surveys.
• But... they are also more complicated and time consuming.

Historical Milestones In Astronomy: As Shown Through The Byu Special Collections Archives, Dan Broadbent

Faculty Publications

Science Research: The “Long Conversation”

• Ideas in science can take a long time to develop.
• How do they develop?

• These books document a part of a conversation that began 447 years ago and spanned a 153 year period… documenting:
• how the overall nature of the universe was worked out,
• the establishment of the scientific method, and the boundaries of religious authority,
• and culminated in Isaac Newton’s book that presented his three laws of motion that allow us to explore the universe to this day.

Not Another Survey! Use Interviews Instead To Understand Needs In Your Library, Dan Broadbent

Faculty Publications

Assessment in libraries is an essential part of managing library resources to meet the needs of patrons and stakeholders. This paper discusses the advantages and disadvantages of two assessment devices—surveys and interviews—in particular as they apply to libraries.

Sanctification Or Inhibition? Religious Dualities And Sexual Satisfaction, Nathan D. Leonhardt, Dean M. Busby, Veronica R. Hanna-Walker, Chelom E. Leavitt

Faculty Publications

Religiosity can influence sexual satisfaction both positively and negatively. To test positive and negative mechanisms, we assessed how religiosity is indirectly associated with sexual satisfaction through sexual sanctification and inhibited sexual passion. We sampled individuals from Amazon’s Mechanical Turk (N 1,695, Study 1) and mixed-sex dyads from Bovitz Inc. (N 481 dyads, Study 2). Religiosity consistently had a positive indirect association with sexual satisfaction through sexual sanctification; little evidence suggested religiosity had an indirect association with sexual satisfaction through inhibited sexual passion. When accounting for these mechanisms simultaneously, however, religiosity consistently had a negative direct association with sexual satisfaction, supporting …

Consensual Assessment In The New Domain Of E-Textiles: Comparing Insights From Expert, Quasi-Expert, And Novice Judges, Anthony Phonethibsavads, Maggie Dahn, Kylie Peppler, Deborah A. Fields, Yasmin B. Kafai

Instructional Technology and Learning Sciences Faculty Publications

Establishing what constitutes creativity in a domain is something for which we often look to experts—individuals versed in a domain’s history and able to identify timeworn ideas from fresh ones. Such valuations of creative merit are tied to a familiarity with past and present trends and, therefore, opinions of newcomers are often ignored. However, what about domains that build upon new, unexplored practices? This study examines the creativity ratings of judges with varying expertise in the emergent domain of electronic textiles (or e-textiles). E-textiles are fabrics that have programmable electronics such as sensors and actuators embedded in them toward a …

Macro-Appraisal And Professional Communities, Cory L. Nimer

Faculty Publications

This paper explores the application of social network analysis tools and other quantitative measures for the macro-appraisal of a research community in order to identify individuals from whom to solicit professional papers. While the contributions of individual scholars can be quantified and reviewed in a variety of ways, network analysis provides a useful approach for assessing the contributions of scholars in terms of their connections with other researchers. Using the faculty of a university department as a case study, this study considers how visualizing networks might be used as an additional metric in a professional papers program or subject-based archive …

Immigration And Nationality Law: Problems And Strategies (2nd Edition) (2020), Lenni Benson, Stepehn Yale-Loehr, Shoba Sivaprasad Wadhia

Books

Immigration and Nationality Law: Problems and Strategies introduces the reader to the legal concepts and experience of practicing immigration law by presenting the material through a series of hypotheticals. This book is designed for both law students and attorneys as it covers not only statutory provisions and key immigration law cases, but also provides an understanding to the many government agencies involved in the immigration process and how to navigate the wide variety of adjudications that are central to the U.S. immigration system. Updated for the second edition, the book goes beyond doctrine to implications for strategies and policy.

To …

High Tunnel Pest Management - Thrips, Nick Volesky, Marion Murray

All Current Publications

This fact sheet describes thrips, their hosts, life cycle, crop injury, monitoring, and management in high tunnels.

Shrub Management Handbook For Utah Rangelands, Rebecca Mann, Tom Monaco, Kari E. Veblen, Eric Thacker, Elizabeth A. Burritt

All Current Publications

This handbook is a guide to developing realistic project plans and implementing appropriate management strategies by enhancing your understanding of basic shrub biology, ecological concepts,and management principles.

Identification And Characterization Of Chemical Compounds That Inhibit Leucyl-Trna Synthetase From Pseudomonas Aeruginosa, Regina Zamacona, Pamela N. Chavero, Eduardo Medellin, Yanmei Hu, Casey A. Hughes, Nathalie Quach, Megan Keniry, James M. Bullard

School of Integrative Biological & Chemical Sciences Faculty Publications

Background: Pseudomonas aeruginosa is an opportunistic multi-drug resistance pathogen implicated as the causative agent in a high-percentage of nosocomial and community acquired bacterial infections. The gene encoding leucyl-tRNA synthetase (LeuRS) from P. aeruginosa was overexpressed in Escherichia coli and the resulting protein was characterized.

Methods: LeuRS was kinetically evaluated and the KM values for interactions with leucine, ATP and tRNA were 6.5, 330, and 3.0 μM, respectively. LeuRS was developed into a screening platform using scintillation proximity assay (SPA) technology and used to screen over 2000 synthetic and natural chemical compounds.

Results: The initial screen resulted in the identification of …

Codling Moth In Utah Orchards, Marion Murray, Diane G. Alston

All Current Publications

Codling moth (Order Lepidoptera, Family Tortricidae) is the most serious pest of apple and pear worldwide. In most commercial fruit producing regions and home yards in Utah, fruit must be protected to harvest a crop. Insecticides are the main control tactic. There are new insecticides available, many of which are less toxic to humans and beneficial insects and mites than earlier insecticides. For commercial orchards with more than 10 acres of contiguous apple and pear plantings, pheromone-based mating disruption can greatly reduce codling moth populations to allow reduced insecticide use.