Digital Commons Network^™

Negotiating Social Change: Backstory Behind The Repeal Of Don’T Ask, Don’T Tell, Linell A. Letendre, Hal Abramson

Scholarly Works

This Article is about negotiating social change in the largest U.S.institution, the Military and its five Services. Inducing social change in any institution and society is notoriously difficult when change requires overcoming clashing personal values among stakeholders. And, in this negotiation over the repeal of Don’t Ask, Don’t Tell (DADT), clashing values over open service by gays and lesbians were central to the conflict.

In response to President Obama’s call to repeal DADT, the Secretary of Defense selected a Working Group to undertake studies, surveys and focus groups to inform the debate. During the nine-month process of gathering a massive …

Does Democracy Justify Zoning?, Michael Lewyn

Scholarly Works

One common argument for restrictive zoning is that zoning is more democratic than allowing landowners to build what they please. This article critiques that claim, suggesting that free markets are equally democratic because they allow for self-rule. Moreover, zoning is less democratic than other forms of government decisionmaking, because zoning hearings are often sparsely attended, and commenters at public meetings are unrepresentative of the public as a whole.

A Philosophy Of Contract Law For Artificial Intelligence: Shared Intentionality, John Linarelli

Scholarly Works

This is a chapter for the forthcoming book, Contracting and Contract Law in the Age of Artificial Intelligence, edited by Martin Ebers, Cristina Poncibò, and Mimi Zou, to be published by Hart Publishing. The aim of this chapter is to offer a general theory of contract law to account for the inclusion of artificial intelligence in contract practices. Artificial intelligence brings out that what makes contract law a distinctive form of legal obligation is shared intentionality. I refer to this insight as the shared intentionality thesis. Shared intentionality is the psychological capacity of one agent to share and pursue a …

The Supreme Court’S Hands-Off Approach To Religious Questions In The Era Of Covid-19 And Beyond, Samuel J. Levine

Scholarly Works

No abstract provided.

Towards Exchanging Wearable-Pghd With Ehrs: Developing A Standardized Information Model For Wearable-Based Patient Generated Health Data, Abdullahi Abubakar Kawu, Dympna O'Sullivan, Lucy Hederman

Articles

Wearables have become commonplace for tracking and making sense of patient lifestyle, wellbeing and health data. Most of this tracking is done by individuals outside of clinical settings, however some data from wearables may be useful in a clinical context. As such, wearables may be considered a prominent source of Patient Generated Health Data (PGHD). Studies have attempted to maximize the use of the data from wearables including integrating with Electronic Health Records (EHRs). However, usually a limited number of wearables are considered for integration and, in many cases, only one brand is investigated. In addition, we find limited studies …

Organizational Practices And Second-Generation Gender Bias: A Qualitative Inquiry Into The Career Progression Of Us State-Level Managers, Maria J. D’Agostino, Helisse Levine, Meghna Sabharwal, Ai C. Johnson-Manning

Publications and Research

Ely and Meyerson’s gendered organizations framework reconceptualizes traditional gender differences defined by biology and lack of structural opportunities, to a complex set of social relations in the workplace. We apply this framework to second-generation gender bias to further understand impediments to women’s career progression in the public sector workplace. In-depth interviews of state-level administrators in U.S. public sector agencies indicate that “narratives” perpetuate second-generation gender bias that is deeply ingrained in organizational practices and policies, especially for women and women of color. This framework can be applied to future studies examining the gendered nature of organizations in different workplace settings. …

Rainbow Research: Challenges And Recommendations For Sexual Orientation And Gender Identity And Expression (Sogie) Survey Design, Seth J. Meyer, Nicole M. Elias

Publications and Research

A growing number of people around the world identify, in some way, as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+); yet, these voices are noticeably absent from nonprofit research. To address issues of equity and the historic marginalization of LGBTQ+ people both societally and in the nonprofit sector, this manuscript seeks to answer the following questions: Why is it important to include sexual orientation and gender identity and expression (SOGIE) survey questions in nonprofit surveys? What are best practices for including SOGIE survey questions in nonprofit research? We present LGBTQ+ inclusive research strategies and suggested questions for inclusive SOGIE survey …

Making The Case For Addressing Second-Generation Gender Bias In Public Administration, Helisse Levine, Maria J. D’Agostino, Meghna Sabharwal

Publications and Research

No abstract provided.

Enhancing Police Accountability And Legitimacy, Daniel L. Stageman

Publications and Research

As the institution responsible for exercising the state monopoly on violence within U.S. borders, the legitimacy of policing depends on its accountability through the democratic process. Ideally, police in a democracy are authorized by the voting public to use force in a manner that is limited, justifiable, and clearly in service of the aims of public safety and law enforcement - in other words to prevent the social harms associated with criminal behavior. A combination of factors including structural inequality, historical associations with white supremacy, and hyperlocal oversight structures present significant challenges to police legitimacy, especially in highly policed communities …

Religion As A Micro And Macro Property: Investigating The Multilevel Relationship Between Religion And Abortion Attitudes Across The Globe, Amy Adamczyk

Publications and Research

In many countries abortion is the most contested issue being publicly discussed, in part, because it has implications for gender equality, health, family formation, and politics. Personal religious beliefs are often seen as having an important role in shaping disapproving attitudes. However, little attention has been given to the country religious context for understanding public opinion about abortion. Drawing on ideas from cultural sociology, the anti-ascetic hypothesis, and moral communities hypothesis, this study investigates the individual and country religious associations with abortion attitudes. Using hierarchical modeling techniques and survey data from over 70 nations, representing the majority of the world’s …

Using Internet-Derived Data To Measure Religion: Understanding How Google Can Provide Insight Into Cross-National Religious Differences, Amy Adamczyk, Jacqueline Scott, Steven Hitlin

Publications and Research

Internet and social media data provide new sources of information for examining social issues, but their potential for scholars interested in religion remains unclear. Focusing on cross-national religion data, we test the validity of measures drawn from Google and Twitter against well-known existing data. We find that Google Trend (GT) searches for the dominant religions’ major holidays, along with “Buddhism,” can be validated against traditional sources. We also find that GT and traditional measures account for similar amounts of variation, and the GT measures do not differ substantially from established ones for explaining several cross-national outcomes (e.g., fertility, circumcision, and …

Assessing Variation And Change In Newspaper Portrayals Of Muslims: The Influence Of The Trump Election And Differences Across The United States In Local And National Papers, Amy Adamczyk, Emily Greene-Colozzi, Senahan Kiyal Keles, Aida Murati

Publications and Research

Since Donald Trump’s political campaign, Americans have appeared increasingly divided over public opinion issues and US policies with the media seemingly reflecting these divisions. One of Trump’s early initiatives was the “Muslim ban,” which restricted visitors from seven Muslim-majority countries. Focusing on the portrayal of Muslims in over 900 hand coded articles, our study uses multilevel modeling techniques to examine how newspapers changed their frames and claimsmakers in discussions about Muslims before and after Trump was elected. After the election, newspapers were more likely to include government claimsmakers and an immigration frame, and were less likely to mention a radical …

Assessing The Benefits Of College Internships At A Hispanic Serving Institution, Amy Adamczyk, Katheryn Crawford, Yuna Kim

Publications and Research

Few studies have investigated the usefulness of internships at Hispanic Serving Institutions (HSI). Focusing on a 4-year public university (HSI), this study examined differences between the internship and the non-internship students, and changes across the semester for development. A structured internship appears to have some value; including increased interaction with faculty outside the classroom, confidence in verbally expressing ideas, and class presentations.

Unpacking The Influence Of Islamic Religious Culture And Individual Religious Affiliation On Testing Hiv-Positive, Brittany Hayes, Amy Adamczyk

Publications and Research

The distribution of HIV cases varies cross-nationally. We separate the influences of Islam at the macro-and micro-levels to understand the role of religion in shaping the spread of HIV. Drawing on biomarker data from the Demographic and Health Surveys, we construct a multilevel database (Individual N= 568,476; Country N= 30). We examine a series of national-and individual-level predictors that may mediate the relationship between Islam and testing HIV-positive. Individual religious affiliation and proportion Muslim retained their risk-reducing effects even when accounting for a range of mediators and suppressors. Islam has a sui generis effect on testing HIV-positive.

When And How Does Anti-Semitism Occur? The Different Trigger Mechanisms Associated With Different Types Of Criminal And Non-Criminal Hate Incidents, Matteo Vergani, Dan Goodhard, Rouven Link, Amy Adamczyk, Joshua D. Freilich, Steven Chermak

Publications and Research

We used data from an Australian community register to build a database containing 673 incidents, including both criminal and non-criminal anti-Semitic acts that occurred between October 2013 and September 2017. We conducted bivariate and multivariate analyses to explore the differences in the types of incidents associated with different trigger events. Using time series methods, we found a significant increase in criminal (but not in non-criminal) incidents during the 2014 Israel–Gaza conflict. During Jewish religious festivals, we found a significant decrease in criminal incidents, and a significant increase in non-criminal incidents. After the establishment of the neo-nazi group Antipodean Resistance, we …

Which Libraries Are Open?: How To Quickly Map Library Reopening Statuses And Service Updates Using Carto, Karen Okamoto

Publications and Research

This article outlines how libraries can quickly map library information such as location and service updates using the free version of CARTO, an online mapping platform that provides both free and subscription-based accounts. Institutions with multiple library locations and different COVID-19 site reopening statuses can quickly map which library locations are open, partially opened, or closed and indicate what services are currently available. Mapping this data requires minimal technical expertise and time. The map itself can be helpful for patrons, librarians, and staff .

8 National Perspectives On Mexican Transnational Eal Teachers: Ideological And Professional Challenges, David Martinez-Prieto, Kristen Lindahl

Bilingual and Literacy Studies Faculty Publications

No abstract provided.

An Exploration Of Learning-At-Home Experiences Among Families And Children Of Color Labeled With Disabilities During Covid-19: A Narrative Inquiry, Nam Ju Han

Doctoral Dissertations

We are living in this historical moment of a COVID-19 global crisis that is continuing to impact marginalized families in our very own communities. Students of color, especially those who are already on the margins, and experience inequities in the classroom and in the community, have been further impacted by the quarantine as the educational system had not prioritized how to support students who face certain vulnerabilities due to lack of government funding, the historical oppressive tendency for schools to function within a medical model of standardization, along with the commodification of learning. Given the novelty of COVID-19 research, the …

Review Of Daniel Farber, Inequality And Regulation: Designing Rules To Address Race, Poverty, And Environmental Law, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

Dan Farber’s wide-ranging article, Inequality and Regulation, makes two core arguments. First, Farber argues that using a uniform value of statistical life (VSL) in cost-benefit analysis is justified not only as a pragmatic compromise but also as a matter of first principles. In particular, he argues that a uniform VSL can be based on a theory of equality that he calls harm egalitarianism, which holds that individuals have equal entitlements to protection against harm. Second, Farber, looking for ways to address environmental justice concerns through regulations, argues that “a heightened focus on differences in exposure and vulnerability [in the cost-benefit …

In Defense Of Chapter 11 For Mass Torts, Anthony J. Casey, Joshua C. Macey

Coase-Sandor Institute for Law & Economics Research Paper Series

This Essay argues that bankruptcy proceedings are well-suited to resolving mass tort claims. Mass tort cases create a collective action problem that encourages claimants who are worried about available recoveries to race to the courthouse to collect ahead of others. This race can destroy going concern value and lead to the dismemberment of valuable firms. Coordination among them is difficult as each claimant seeks to maximize its own recoveries. These are the very collective action and hold-out problems that bankruptcy proceedings are designed to solve. As such, bankruptcy proceedings are appropriate means of resolving mass torts as long as they …

The Bankruptcy Tribunal, Anthony J. Casey, Joshua C. Macey

Coase-Sandor Institute for Law & Economics Research Paper Series

The United States Bankruptcy Code (the Code)¹ and the Federal Arbitration Act (FAA)² are powerful statutory schemes. Each one demands a broad scope of influence and preempts many other fields of law, state and federal. The capacious nature of these statutes creates a challenging tension when they come into conflict. On the one hand, bankruptcy law is in its very essence a collective multiparty dispute resolution procedure that cannot be waived or altered by private contract. On the other hand, the FAA embodies a general federal policy in favor of allowing parties to contract into private dispute resolution …

Competition And Congestion In Trademark Law, Christopher Buccafusco, Jonathan S. Masur, Mark P. Mckenna

Coase-Sandor Institute for Law & Economics Research Paper Series

Trademark law exists to promote competition. If consumers know which companies make which products, they can more easily find the products they actually want to purchase. Trademark law has long treated “source significance”—the fact that a particular trademark is identified with a particular producer—as both necessary and sufficient for establishing a valid trademark. That is, trademark law has traditionally viewed source significance as the only necessary precondition for a trademark being pro-competitive. In this paper, we argue that this equation of source significance and pro-competitiveness is misguided. Some marks use words that are so closely connected with the product being …

Suggestions For Translators, Editors, & Revisers Of The Bible, Robert Baker Girdlestone

Heritage Material

No abstract provided.

Scriptural Holiness : Essays On Sanctification And The Holy Life, Robert A. Danielson

Heritage Material

No abstract provided.

The Impact Of Social Capital On U.S. Based Destination Marketing Organizations And Interorganizational Relationships, Jeremy Fairley

Electronic Theses and Dissertations, 2020-2023

Previous literature echoes the notion that destination marketing organizations (DMOs) play a critical role in ensuring a desired tourism development scenario. To date, the performance measurement of destination marketing organizations is paralleled to financial indicators or operations, ignoring the presence and quality of relationships among DMOs and tourism stakeholders. Based on the premise of social capital theory, it is argued that social capital and the inter-organizational relationships between DMOs and tourism stakeholders can influence the success of tourism efforts in a destination, which in return is a contributing factor to the DMOs success as an organization. Furthermore, broader literature indicates …

Phototrophy And Carbon Fixation In Chlorobi Postdate The Rise Of Oxygen, L. M. Ward, Patrick M. Shih

Geosciences: Faculty Publications

While most productivity on the surface of the Earth today is fueled by oxygenic photosynthesis, for much of Earth history it is thought that anoxygenic photosynthesis—using compounds like ferrous iron or sulfide as electron donors—drove most global carbon fixation. Anoxygenic photosynthesis is still performed by diverse bacteria in niche environments today. Of these, the Chlorobi (formerly green sulfur bacteria) are often interpreted as being particularly ancient and are frequently proposed to have fueled the biosphere during late Archean and early Paleoproterozoic time before the rise of oxygenic photosynthesis. Here, we perform comparative genomic, phylogenetic, and molecular clock analyses to determine …

The Law, Economics, And Governance Of Generation Covid-19 Long-Haul, Julia Puaschunder, Martin Gelter

Faculty Scholarship

The SARS-CoV-2 novel coronavirus is an external shock to all societies with lasting impacts that have changed individual, political, and corporate decisions profoundly. Increasing evidence reveals that an estimated 10-50% of those previously infected with COVID-19 face a longer-term or long-term health impact and/or chronic debilitation that in many cases comes and goes in waves. This phenomenon has already been referred to as a pandemic within the pandemic. The broad-based and long-term impact of COVID Long Haulers have also holds the potential to change our world and modern society, lasting through the following three outlined speculative trends: (1) The coronavirus …

Firearms And Protest: Lessons From The Black Tradition Of Arms, Nicholas J. Johnson

Faculty Scholarship

Kenosha was no aberration. Our history is filled with episodes of righteous protest boiling over into violence. Where violence is imminent, our traditions and laws allow innocents to use corresponding violence in self-defense. This arrangement is imperfect and demands hard thinking about how to refine and possibly improve it. One source of lessons toward this end is the experience of Black freedom fighters who navigated turmoil that dwarfs our current troubles. The principles that guided their struggle help frame a sphere of legitimate gun use during periods of civil unrest. These principles emerge from a considered philosophy and practice of …

Lawyers And The Lies They Tell, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of their fiduciary relationships with courts and clients. For instance, states can sanction lawyers for some speech inside a courtroom that would be protected if uttered by a non-lawyer. This Article explores whether lawyers’ free speech rights should also be different from those of other speakers when lawyers, acting on their own behalf, participate in political discourse. Applying the current First Amendment framework, the authors question the bar’s assumption that, simply because lawyers are subject to rules of professional conduct, courts can …

Nonprofit Board Composition, Atinuke O. Adediran

Faculty Scholarship

This Article addresses a critical gap in the literature and current debates about the composition of nonprofit boards. The law of fiduciary duties and nonprofit governance best practices do not provide sufficient guidance on how to compose boards to empower the communities they serve. And even as the corporate sector is seizing on current important moments to debate the inclusion of employees and racial and ethnic minorities on corporate boards, nonprofit boards are largely left out of these debates. The Article introduces the concept of board capital, which originated from the for-profit management literature, but has gained a stronghold in …