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2022

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Ecology Of Family Experiences: Contextualizing Family Leisure For Human Development & Family Relations, Camilla Hodge, Kelly D. Chandler, Karen K. Melton, Kelly L. Hoke, Jennifer Blodgett Jan 2022

Ecology Of Family Experiences: Contextualizing Family Leisure For Human Development & Family Relations, Camilla Hodge, Kelly D. Chandler, Karen K. Melton, Kelly L. Hoke, Jennifer Blodgett

Faculty Publications

Research on family communication in the leisure context has been limited to retrospective survey reconstructions of perceptions of communication patterns. This study examines the validity of sociometric badges for measuring family communication in real-time. Seven families (married, two-parent families with at least one child ages 4–17 years) wore sociometric badges during a 30-minute leisure activity in a lab setting. We compared mean badge estimates of family communication duration to mean coded video data from the same 30-minute sessions. Intraclass correlation coefficients indicated sociometric badges are not as reliable as video-coded estimates of speech; however, among parents, non-significant mean comparisons partially …


Experience Design And The Origins And Aims Of Leisure Studies: Shifting The Focus From Context To Experience, Mat D. Duerden Jan 2022

Experience Design And The Origins And Aims Of Leisure Studies: Shifting The Focus From Context To Experience, Mat D. Duerden

Faculty Publications

This article, adapted from the 2019 Butler Lecture at the NRPA National Research session, provides an overview of the origins, development, and potential future trajectory of the field of leisure research. Economic and societal trends of the last few decades may signal the need for the field to intentionally transition its focus on leisure as a context to leisure as an experience. More specifically the field needs to actively consider how insights gained from 60 years of research on leisure experiences can be applied to contexts beyond leisure. To illustrate the possibility of such a shift, lessons learned from transitioning …


Changing The Business Narrative: A Guide To Successful Experience Offerings, J. Robert Rossman, Mat D. Duerden Jan 2022

Changing The Business Narrative: A Guide To Successful Experience Offerings, J. Robert Rossman, Mat D. Duerden

Faculty Publications

Purpose

In this article, we aim to increase understanding of the unique nature of experiences in comparison to services and explain how narrative change can enable organizations to fully participate in the experience economy.

Design/methodology/approach

Drawing upon relevant experience design and experience economy literatures the paper outlines key differences between experiences and services. The narrative change process is then employed to provide managers specific guidelines for strategically reframing their value production paradigm to become more experience-centric.


Digital Behavioral Biometrics And Privacy: Methods For Improving Business Processes Without Compromising Customer Privacy, Joseph S. Valacich, Jeffrey L. Jenkins, D. Čišić Jan 2022

Digital Behavioral Biometrics And Privacy: Methods For Improving Business Processes Without Compromising Customer Privacy, Joseph S. Valacich, Jeffrey L. Jenkins, D. Čišić

Faculty Publications

To enable people to interact with online websites and systems, browsers capture a variety of events that occur on the page—such as how a person is moving the computer mouse, what a person clicks on, what a person types, and whether a person is scrolling. These events represent a user’s behavior on a page, referred to as the DOM or Document Object Model, and are recorded at a millisecond precision rate (e.g., the exact millisecond timestamp when a key goes down and when it comes back up). Research and practice alike have found that these behavioral events can provide powerful …


The Path Of The Righteous: Using Trace Data To Understand Fraud Decisions In Real Time, Markus Weinmann, Joe Valacich, Christoph Schneider, Jeffrey Jenkins, Martin Hibbeln Jan 2022

The Path Of The Righteous: Using Trace Data To Understand Fraud Decisions In Real Time, Markus Weinmann, Joe Valacich, Christoph Schneider, Jeffrey Jenkins, Martin Hibbeln

Faculty Publications

Trace data—users’ digital records when interacting with technology—can reveal their cognitive dynamics when making decisions on websites in real time. Here, we present a trace-data method—analyzing movements captured via a computer mouse—to assess potential fraud when filling out an online form. In contrast to incumbent fraud-detection methods, which analyze information after submission, mouse-movements traces can capture the cognitive dynamics of a decision to be fraudulent as it is happening. We report two controlled studies using different tasks, where participants could freely commit fraud to benefit themselves financially while we captured mouse-cursor movement data. We found that participants who entered fraudulent …


When Is Enough, Enough? An Examination Of Student Engagement When Watching Online Group Project Presentations, Manasvi Kumar, Joseph S. Valacich, Jeffrey L. Jenkins, David Kim Jan 2022

When Is Enough, Enough? An Examination Of Student Engagement When Watching Online Group Project Presentations, Manasvi Kumar, Joseph S. Valacich, Jeffrey L. Jenkins, David Kim

Faculty Publications

In traditional face-to-face classes, conventional wisdom suggests that delivering and watching group project presentations is a valuable learning experience. In this research, we examine the limits of student engagement and learning in an asynchronous online context. Specifically, 249 undergraduate students were assigned to perform peer evaluations of multiple ten-minute project presentations. The online learning platform collected objective viewing behavior for each student, allowing us to use viewing time as a proxy for engagement. We also collected self-reported attitudes towards the assignment, finding that while students value providing feedback, they do not consider it a valuable use of their time. Students …


What Makes Health Data Privacy Calculus Unique? Separating Probability From Impact, Mark Keith, Autumn Clark, Tamara Masters, Curtis Wigington Jan 2022

What Makes Health Data Privacy Calculus Unique? Separating Probability From Impact, Mark Keith, Autumn Clark, Tamara Masters, Curtis Wigington

Faculty Publications

Patient health data is heavily regulated and sensitive. Patients will sometimes falsify data to avoid embarrassment resulting in misdiagnoses and even death. Existing research to explain this phenomenon is scarce with little more than attitudes and intents modeled. Similarly, health data disclosure research has only applied existing theories with additional constructs for the healthcare context. We argue that health data has a fundamentally different cost/benefit calculus than the non-health contexts of traditional privacy research. By separating the probability of disclosure risks and benefits from the impact of that disclosure, it is easier to understand and interpret health data disclosure. In …


Uncommon Ground: Grant Wood And Russell Lee's Divergent View Of Iowa, James R. Swensen Jan 2022

Uncommon Ground: Grant Wood And Russell Lee's Divergent View Of Iowa, James R. Swensen

Faculty Publications

GRANT WOOD'S American Gothic (1930) has likely been reproduced, parodied, and lampooned more than any other painting in American history (Figure 1). As scholars Wanda Corn, Steven Biel, and others have observed, the scene of an Iowa farmer and his daughter (often erroneously thought to be his wife) has proven to be remarkably adaptable for nearly a century.1 An early example of its adoption occurred 11 years after Wood's work was finished, when it was appropriated by Gordon Parks, a young Black photographer. Created for the Farm Security Administration (FSA) and under the aegis of administrator Roy Stryker, Parks …


Embracing Brain And Behaviour: Designing Programs Of Complementary Neurophysiological And Behavioural Studies, C. Brock Kirwan, Anthony Vance, Jeffrey L. Jenkins, Bonnie Brinton Anderson Jan 2022

Embracing Brain And Behaviour: Designing Programs Of Complementary Neurophysiological And Behavioural Studies, C. Brock Kirwan, Anthony Vance, Jeffrey L. Jenkins, Bonnie Brinton Anderson

Faculty Publications

NeuroIS—the methods and knowledge of neuroscience applied to the information systems (IS) domain—has become an established research field within the IS discipline. A key advantage of NeuroIS is its ability to provide insights into human cognition beyond those obtained using behavioural techniques alone. Nevertheless, in neuroscience, there is renewed interest in examining behaviour together with neurophysiological methods to better inform our understanding of neural processes. In this research opinion article, we argue that in the field of NeuroIS, there is an opportunity for hybrid programs of study that combine neurophysiological and behavioural methods in a complementary manner. We outline four …


Incremental Improvements: Examining Instructional Changes And Rationales Of K-12 Online Teachers Using The Picrat And 4e Frameworks, Jered Borup, Rocio Quiroga Velasquez, Charles R. Graham, Leanna Archambault, Royce Kimmons Jan 2022

Incremental Improvements: Examining Instructional Changes And Rationales Of K-12 Online Teachers Using The Picrat And 4e Frameworks, Jered Borup, Rocio Quiroga Velasquez, Charles R. Graham, Leanna Archambault, Royce Kimmons

Faculty Publications

Teacher preparation programs have been slow to prepare teachers for the online environment, leaving many online teachers needing to learn on the job. However, little research has examined how online teachers grow as educators. One way to better understand this growth is to examine the changes online teachers make in their instruction and their rationales for making them. In this qualitative case study, we surveyed online teachers three times during an academic year regarding their instructional changes. Participants described these changes and categorized them on a modified PICRAT matrix to indicate if the changes made student learning more passive, interactive, …


Students Coming Prepared To Class? A Review Of The Literature With A Call To Research, Melissa P. Larson, Jace Linnell Jan 2022

Students Coming Prepared To Class? A Review Of The Literature With A Call To Research, Melissa P. Larson, Jace Linnell

Faculty Publications

In this literature review, we show that little attention has been given to pre-class learning in a flipped classroom setting. To support learning, a flipped classroom shifts the learning of basic content from a classroom setting to a pre-class setting, thereby freeing up time within class for more active learning activities. Active learning activities support student-centered learning as peers collaborate with deep application of pre-class learning concepts. Thus, higher-order skills of critical thinking and lifelong learning, which are valued in the accounting education curriculum and profession, can be developed through a flipped classroom pedagogy. However, if pre-class learning is not …


Publication Benchmarking Data Based On Faculty Promoted At The Top 200 Worldwide Accounting Research Institutions, Jared S. Moon, Scott L. Summers, Nathan J. Waddoups, David A. Wood Jan 2022

Publication Benchmarking Data Based On Faculty Promoted At The Top 200 Worldwide Accounting Research Institutions, Jared S. Moon, Scott L. Summers, Nathan J. Waddoups, David A. Wood

Faculty Publications

The primary purpose of this paper is to update and extend past promotion benchmarking studies. We update prior benchmarking studies by providing publication benchmarking data for faculty promoted between 2013 and 2019, inclusive. We extend prior benchmarking studies by evaluating a larger number of institutions (the top 200 worldwide accounting institutions), using a more global journal list, and providing sensitivity analyses between journal lists. We group institutions based on rankings and report a possible minimum publication hurdle for each group in each journal category. In addition, we provide data on the mix, or percentage, of publications in each journal category …


Asynchronous Video Interviews And Artificial Intelligence: A Multi-Study Exploration, Tanner Skousen, Jacob Steffen, Cherileigh Chandler, Warren Rosengren, James Gaskin, Thomas O. Meservy Jan 2022

Asynchronous Video Interviews And Artificial Intelligence: A Multi-Study Exploration, Tanner Skousen, Jacob Steffen, Cherileigh Chandler, Warren Rosengren, James Gaskin, Thomas O. Meservy

Faculty Publications

Asynchronous video interviews (AVIs) provide scalable, low-cost opportunities for matching interviewees and organizations. However, the implications of a shift from synchronous interviews aren’t fully understood, especially when design choices such as AI evaluations are employed. To better understand the impact of AVIs, we undertook an exploratory qualitative study in addition to an experiment. The first study involves 100 qualitative responses and exploratory quantitative tests on the relationships between coded values and demographic and trait variables of the respondents. Our second study tests the impact of AI feedback using a large online AVI service while accounting for various disadvantaged groups that …


Back From The Future: Mediation And Prediction Of Events Uncertainty Through Event-Driven Models (Edms), Samuel Ogbeibu, James Gaskin Jan 2022

Back From The Future: Mediation And Prediction Of Events Uncertainty Through Event-Driven Models (Edms), Samuel Ogbeibu, James Gaskin

Faculty Publications

The event-driven model (EDM) is an emerging concept in human behavioural research, and understanding how EDMs can promote theory development remains a fundamental quest of predictive science. Traditionally, researchers have heavily depended upon theory confirmation and the inclusion of mediating constructs to clarify uncertainty associated with plausible events (e.g. political, socio-economic, technological, environmental). Though this approach has pushed the field forward, it has also steered mediation research towards largely ignoring the fundamental role of prediction as a key for better understanding future events represented by EDMs. Additionally, emerging research using partial least squares structural equation modelling to execute prediction-oriented analysis …


Demystifying The Roles Of Organisational Smart Technology, Artificial Intelligence, Robotics And Algorithms Capability: A Srategy For Green Human Resource Management And Environmental Sustainability, Samuel Ogbeibu, Jude Emelifeonwu, Vijay Pereira, Raphael Oseghale, James Gaskin, Uthayasankar Sivarajah, Angappa Gunasekaran Jan 2022

Demystifying The Roles Of Organisational Smart Technology, Artificial Intelligence, Robotics And Algorithms Capability: A Srategy For Green Human Resource Management And Environmental Sustainability, Samuel Ogbeibu, Jude Emelifeonwu, Vijay Pereira, Raphael Oseghale, James Gaskin, Uthayasankar Sivarajah, Angappa Gunasekaran

Faculty Publications

With growing climate change concerns, and constant advancements in smart technology, artificial intelligence, robotics, and algorithms (STARA), organisations in emerging economies are becoming more compelled to go green, develop and deploy their STARA capability to boost profits more effectively, and their environmental sustainability (ES). Likewise, with governments increasingly calling for ES, organisations' human resource management (HRM) is further pressured to ensure their programmes aid realisation of environmental objectives without compromising profit maximisation. However, it remains unclear how complementary Green HRM (GHRM) programmes can be supported by organisational STARA capability (OSC) to bolster ES. Accordingly, we investigate how OSC and GHRM …


Impressions Matter More Than Privacy: The Moderating Roles Of Affordances In The Relation Between Social Anxiety And Online Safety- Seeking Behaviors, Xue-Qin Yin, Sebastian Scherr, Lin Jin, James Gaskin, Jin-Liang Wang Jan 2022

Impressions Matter More Than Privacy: The Moderating Roles Of Affordances In The Relation Between Social Anxiety And Online Safety- Seeking Behaviors, Xue-Qin Yin, Sebastian Scherr, Lin Jin, James Gaskin, Jin-Liang Wang

Faculty Publications

Though socially anxious individuals tend to seek safety, little is known about whether this relationship depends on context, including the affordances of social networking sites (SNSs) to provide anonymity and publicness, and whether safety-seeking can be explained by impression management, privacy calculus or both. Based on the psychobiological model of social anxiety, we conducted two studies (Study 1: N = 103, Study 2: N = 1,184) to examine the contextual dependence of safety-seeking behaviors and to disentangle which types of concerns mediate the effect of social anxiety on safety-seeking behaviors. Results indicated that socially anxious individuals tend to seek safety …


Environmental Corporate Social Responsibility And Pro-Environmental Behavior: The Effect Of Green Shared Vision And Personal Ties, Badar Latif, Nuwan Gunarathne, James Gaskin, Tze San Ong, Mohsin Ali Jan 2022

Environmental Corporate Social Responsibility And Pro-Environmental Behavior: The Effect Of Green Shared Vision And Personal Ties, Badar Latif, Nuwan Gunarathne, James Gaskin, Tze San Ong, Mohsin Ali

Faculty Publications

Environmental corporate social responsibility (ECSR) has recently gained traction among academics, practitioners, and policymakers as a critical driver of sustainable development. However, the impact of ECSR on actual pro-environmental behavior remains unclear in the literature, particularly in the context of developing countries. Grounded in the social exchange and social network theories, this study examines the effect of ECSR on proenvironmental behavior via the mediation of a green shared vision and the moderation of two types of personal ties (business ties and political ties). Data was collected and analyzed from 375 manufacturing sector employees in Pakistan at two time periods. The …


Determinants Of Capital Structure: An Expanded Assessment, Toshinori Fukui, Todd Mitton, Robert Schonlau Jan 2022

Determinants Of Capital Structure: An Expanded Assessment, Toshinori Fukui, Todd Mitton, Robert Schonlau

Faculty Publications

Using a standardized methodology, we empirically evaluate 55 proposed determinants of capital structure in terms of statistical significance, economic significance, and identification. We find that robust and economically important determinants of debt ratios are relatively few in number. Nevertheless, because each determinant relates to one of five market imperfections—taxes, distress costs, information asymmetry, agency costs, or supply frictions—we draw conclusions from the evidence as a whole regarding the explanatory power of different capital structure theories. We find greater support for pecking order theory and supply-related theories, with less support for traditional tradeoff theory and agency theory.


Considering Thickness-Accommodation, Nesting, Grounding And Deployment In Design Of Miura-Ori Based Space Arrays, Terri Bateman, Diana Bolanos, Nathan Brown, Brooklyn Clark, Larry L. Howell, Collin Ynchausti, Hunter Pruett, Jared Hunter, Spencer P. Magleby Jan 2022

Considering Thickness-Accommodation, Nesting, Grounding And Deployment In Design Of Miura-Ori Based Space Arrays, Terri Bateman, Diana Bolanos, Nathan Brown, Brooklyn Clark, Larry L. Howell, Collin Ynchausti, Hunter Pruett, Jared Hunter, Spencer P. Magleby

Faculty Publications

The Miura-ori pattern exhibits favorable qualities desirable for deployable space arrays – especially achieving a large deployed area from a compact stowed volume. However, implementing the Miura-ori into a finite-thickness, engineered system poses challenges that are not manifest in a zero-thickness model. As such, it is important to understand and address the limitations of the pattern before implementing it into an engineered system. This paper presents the Miura-ori as a favorable, yet challenging, pattern in design of deployable space arrays. Challenges including thickness-accommodation, nesting, grounding and deployment are presented to introduce designers to unapparent complications associated with design of Miura-ori …


Introduction To Issue Twenty-One: Open Educational Resources, Inés Vañó García, Jojo Karlin, Krystyna Michael Jan 2022

Introduction To Issue Twenty-One: Open Educational Resources, Inés Vañó García, Jojo Karlin, Krystyna Michael

Publications and Research

This article is work is the introduction to the 21st issue of the Journal of Interactive Technology and Pedagogy, which is available in full at https://cuny.manifoldapp.org/projects/journal-of-interactive-technology-and-pedagogy-no-21.

As instructors in different contexts—an English program in a public two-year college, a language and linguistics department in a small liberal arts college, and digital scholarship services in a library at a major research university—we the co-editors of this special issue on Open Educational Resources (OER) have seen the attitudes toward and practices of OER shift over the last several years. Embraced by college and university administrators and funded by national and state …


Protocol For The Ketamine For Postoperative Avoidance Of Depressive Symptoms (K-Pass) Feasibility Study: A Randomized Clinical Trial, Bradley A Fritz, Bethany R Tellor Pennington, Ben J A Palanca, Julie A Schweiger, Jon T Willie, Nuri B Farber Jan 2022

Protocol For The Ketamine For Postoperative Avoidance Of Depressive Symptoms (K-Pass) Feasibility Study: A Randomized Clinical Trial, Bradley A Fritz, Bethany R Tellor Pennington, Ben J A Palanca, Julie A Schweiger, Jon T Willie, Nuri B Farber

2020-Current year OA Pubs

No abstract provided.


Justice Outsourced: The Therapeutic Jurisprudence Implications Of Judicial Decision-Making By Nonjudicial Officers (2022), Michael L. Perlin, Kelly Frailing Jan 2022

Justice Outsourced: The Therapeutic Jurisprudence Implications Of Judicial Decision-Making By Nonjudicial Officers (2022), Michael L. Perlin, Kelly Frailing

Books

Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- “real judges” hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment.

The editors and contributors to the indispensable Justice Outsourced examine the hidden role of …


Beyond Imagination?: The January 6 Insurrection (2022), Mark C. Alexander, Michele Alexandre, Erwin S. Chemerinsky, Danielle M. Conway, Anthony W. Crowell, Garry W. Jenkins, Kevin R. Johnson, Jennifer L. Mnookin, Kimberly Mutcherson, Andrew M. Perlman, Carla D. Pratt, Theodore W. Ruger, Daniel P. Tokaji, Robert K. Vischer Jan 2022

Beyond Imagination?: The January 6 Insurrection (2022), Mark C. Alexander, Michele Alexandre, Erwin S. Chemerinsky, Danielle M. Conway, Anthony W. Crowell, Garry W. Jenkins, Kevin R. Johnson, Jennifer L. Mnookin, Kimberly Mutcherson, Andrew M. Perlman, Carla D. Pratt, Theodore W. Ruger, Daniel P. Tokaji, Robert K. Vischer

Books

The United States is a nation of laws, and its Constitution and the rule of law have allowed it to confront and successfully navigate many threats to democracy throughout the nation’s complex history, including a Civil War. All of these threats challenged the nation in various ways, but never has there been a challenge to the truth of our elections like what happened on January 6, 2021.

The Insurrection represents a turning point in America’s history. In addition to the unprecedented assault on the U.S. Capitol, members of the government sought to undermine an election and supported an attack on …


Sex-Dependent Shared And Nonshared Genetic Architecture Across Mood And Psychotic Disorders, Gabriëlla A. M. Blokland, Jakob Grove, Chia Yen Chen, Chris Cotsapas, Ney Alliey Rodriguez Jan 2022

Sex-Dependent Shared And Nonshared Genetic Architecture Across Mood And Psychotic Disorders, Gabriëlla A. M. Blokland, Jakob Grove, Chia Yen Chen, Chris Cotsapas, Ney Alliey Rodriguez

School of Medicine Publications

Background: Sex differences in incidence and/or presentation of schizophrenia (SCZ), major depressive disorder (MDD), and bipolar disorder (BIP) are pervasive. Previous evidence for shared genetic risk and sex differences in brain abnormalities across disorders suggest possible shared sex-dependent genetic risk. Methods: We conducted the largest to date genome-wide genotype-by-sex (G×S) interaction of risk for these disorders using 85,735 cases (33,403 SCZ, 19,924 BIP, and 32,408 MDD) and 109,946 controls from the PGC (Psychiatric Genomics Consortium) and iPSYCH. Results: Across disorders, genome-wide significant single nucleotide polymorphism–by-sex interaction was detected for a locus encompassing NKAIN2 (rs117780815, p = 3.2 × 10−8 …


Clinical And Molecular Characteristics Of A Novel Rare De Novo Variant In Ppp2ca In A Patient With A Developmental Disorder, Autism, And Epilepsy, Iris Verbinnen, Sara S Procknow, Lisa Lenaerts, Sara Reynhout, Aujan Mehregan, Chris Ulens, Veerle Janssens, Katherine A King Jan 2022

Clinical And Molecular Characteristics Of A Novel Rare De Novo Variant In Ppp2ca In A Patient With A Developmental Disorder, Autism, And Epilepsy, Iris Verbinnen, Sara S Procknow, Lisa Lenaerts, Sara Reynhout, Aujan Mehregan, Chris Ulens, Veerle Janssens, Katherine A King

2020-Current year OA Pubs

PP2A-related (neuro) developmental disorders are a family of genetic diseases caused by a heterozygous alteration in one of several genes encoding a subunit of type 2A protein phosphatases. Reported affected genes, so far, are


Modulation Of Mirisc-Mediated Gene Silencing In Eukaryotes, Courtney F Jungers, Sergej Djuranovic Jan 2022

Modulation Of Mirisc-Mediated Gene Silencing In Eukaryotes, Courtney F Jungers, Sergej Djuranovic

2020-Current year OA Pubs

Gene expression is regulated at multiple levels in eukaryotic cells. Regulation at the post-transcriptional level is modulated by various


Paraventricular Vitamin D Receptors Are Required For Glucose Tolerance In Males But Not Females, Jessie Beck, Silvania Da Silva Teixeira, Keisha Harrison, Gabrielle Phillips, Yanlin He, Stephanie Sisley Jan 2022

Paraventricular Vitamin D Receptors Are Required For Glucose Tolerance In Males But Not Females, Jessie Beck, Silvania Da Silva Teixeira, Keisha Harrison, Gabrielle Phillips, Yanlin He, Stephanie Sisley

Faculty, Staff and Students Publications

When delivered directly into the brain, vitamin D, can improve glucose levels in male mice. Additionally, the loss of the vitamin D receptor (VDR) in male mice's paraventricular hypothalamus (PVH) results in impaired glucose tolerance. Data in humans shows that low vitamin D levels are detrimental to glucose homeostasis, an effect that may be more prominent in men. However, it is unknown if vitamin D action in the brain is required for normal glucose regulation in female mice. This study shows that in both viral and genetic models, male mice with obesity and PVH VDR loss have impaired glucose tolerance …


Hard Cases Make Bad Law? A Theoretical Investigation, Sepehr Shahshahani Jan 2022

Hard Cases Make Bad Law? A Theoretical Investigation, Sepehr Shahshahani

Faculty Scholarship

I use formal models to probe the aphorism that “hard cases make bad law.” The analysis illuminates important features of the common law process, especially the influence of case characteristics on lawmaking and the role of strategic litigators. When a case raises concerns that are not reflected in doctrine, the court might distort the law to avoid a hardship. Distortion is more likely when the case is important or the facts are close to the border of legality. Litigators may exploit courts’ attention to extra-doctrinal concerns by strategically selecting cases for litigation. Surprisingly, though, a strategic litigator improves lawmaking relative …


Free-Ing Criminal Justice, I. Bennett Capers Jan 2022

Free-Ing Criminal Justice, I. Bennett Capers

Faculty Scholarship

No abstract provided.


The Institutions Of Family Law, Clare Huntington Jan 2022

The Institutions Of Family Law, Clare Huntington

Faculty Scholarship

Family law scholarship is thriving, with scholars using varied methodologies to analyze intimate partner violence, cohabitation, child maltreatment, juvenile misconduct, and child custody, to name but a few areas of study. Despite the richness of this discourse, however, most family law scholars ignore a key tool deployed in virtually every other legal-academic domain: institutional analysis.

This methodology, which plays a foundational role in legal scholarship, focuses on four basic questions. Scholars often begin empirically, identifying the specific legal, social, and economic institutions that shape an area of legal regulation. Beyond descriptive accounts, scholars analyze how authority is and should be …