Digital Commons Network^™

Economic Values, Social Values And Cultural Animal Theory, Kevin Smith

Department of Political Science: Faculty Publications

Baumeister and Bushman (this issue: Psychological Inquiry 2023, vol. 34, no. 1) offer a cultural animal theory of partisan hostility (hereafter CAT) with the specific aim of explaining the root drivers of political conflict. CAT posits that competition for power revolves around oppositional worldviews reflecting preferences attached to the two primary objectives of all successful societies: amassing and distributing resources. Based on this premise CAT seeks not only to help explain the persistence of the themes motivating political conflict, but also to shed light on the underlying causes of growing levels affective polarization widely documented in the United States and …

Helminth And Protozoan Parasites Of Subterranean Rodents (Chordata, Mammalia, Rodentia) Of The World, Altangerel Tsogtsaikhan Dursahinhan, Daniel A. Kenkel, Scott Lyell Gardner

Scott L. Gardner Publications

Published studies and ten new unpublished records included herein reveal that approximately 174 species of endoparasites (helminths and protozoans) are known from 65 of 163 species of rodents that occupy the subterranean ecotope globally. Of those, 94 endoparasite species were originally described from these rodents. A total of 282 host-parasite associations are summarized from four major zoogeographic regions including Ethiopian, Palearctic/Oriental, Nearctic, and Neotropical. Thirty-four parasite records from the literature have been identified to only the level of the genus. In this summary, ten new records have been added, and the most current taxonomic status of each parasite species is …

Filling The Gap In Distribution Ranges And Conservation Status In Ctenomys (Rodentia: Ctenomyidae), Diego A. Caraballo, Sabrina Laura Lopez, Sebastian Botero-Cañola, Scott Lyell Gardner

Scott L. Gardner Publications

South American subterranean rodents of the genus Ctenomys (Rodentia, Ctenomyidae, tuco-tuco) are one of the most diverse genera among mammals. Recently described species, new taxonomic revisions, and new distribution range delimitation made the revision of distribution areas and conservation status of these mammals mandatory. Implementing the first part of the DAMA protocol (document, assess, monitor, act), here we compile updated sets of species distribution range maps and use these and the number of collection localities to assess the conservation status of ctenomyids. We integrate potential for conservation in protected areas, and levels of habitat transformation to revise previous conservation status …

Exploring The Complementarity Of Measures Of Instructional Practices, Lu Shi, Robert M. Erdmann, Anthony Pellegrini, Victoria Johnson, Binh Le, Trina Popple, Zachary Nelson, Molly Undersander Gaston, Marilyne Stains

Department of Chemistry: Faculty Publications

The assessment of instructional quality has been and continues to be a desirable, yet difficult endeavor in higher education. The development of new teaching evaluation frameworks along with instruments to measure various aspects of teaching practices holds promise. The challenge rests in the implementation of these frameworks and measures in authentic settings. Part of this challenge is for instructors, researchers, and administrators to parse through and select a meaningful set of tools from the plethora of existing instruments. In this study, we aim to start clarifying the landscape of measures of instructional practice by exploring the complementarity of two existing …

Empowering L2 Learners: The Role Of Relational Empathy In L2 Learning, Gabriela Olivares-Cuhat, Giovanni Zimotti

Faculty Publications

In this article, we explore the relevance of the concept of relational empathy to L2 learning. To this end, we first provide a short overview of the notion of empathy in second language acquisition (SLA). Then, we present ideas that gave rise to the introduction of relational empathy in the field of intercultural communication, along with potential benefits of taking this perspective in SLA. Next, we describe the post-method framework for L2 teaching as a strategy that is both well-suited for the fostering of relational empathy and is facilitated by the exercise of this approach. Following this lead, we explain …

Congressional Power, Public Rights, And Non-Article Iii Adjudication, John M. Golden, Thomas Lee

Faculty Scholarship

When can Congress vest in administrative agencies or other non–Article III federal courts the power to adjudicate any of the nine types of “Cases” or “Controversies” listed in Article III of the United States Constitution? The core doctrine holds that Congress may employ non–Article III adjudicators in territorial courts, in military courts, and for decision of matters of public right. Scholars have criticized this so-called “public rights” doctrine as incoherent but have struggled to offer a more cogent answer.

This Article provides a new, overarching explanation of when and why Congress may use non–Article III federal officials to adjudicate matters …

U.S. Law And Discrimination In Health Care, Kimani Paul-Emile

Faculty Scholarship

No abstract provided.

What’S “Controversial” About Esg? A Theory Of Compelled Commercial Speech Under The First Amendment, Sean J. Griffith

Faculty Scholarship

This Article uses the Securities and Exchange Commission’s SEC’s recent foray into Environmental, Social, and Governance ESG to illuminate ambiguities in First Amendment doctrine. Situating mandatory disclosure regulations within the compelled commercial speech paradigm, it identifies the doctrinal hinge as “controversy.” Rules compelling commercial speech receive deferential judicial review, provided they are purely factual and uncontroversial. The Article argues that this requirement operates as a pretext check, preventing regulators from exceeding the plausible limits of the consumer protection rationale.

Applied to securities regulation, the compelled commercial speech paradigm requires the SEC to justify disclosure mandates as a form of investor …

Private Law And Public Discourse, Aditi Bagchi

Faculty Scholarship

Democracies need institutions that help to build public consensus on fundamental principles of justice. However, the major public institutions associated with this task – electoral institutions, the press, education, and civil society—each face a trade-off between a high degree of governmental control over their agendas, on the one hand, and self-segregation by participants, on the other. This Article identifies private law—the litigation of private claims and their judicial resolution—as an unlikely but ultimately critical site for building consensus on political principles. After laying out what public discourse requires (and what it does not), the Article argues that private law is …

Binding Hercules: A Proposal For Bench Trials, Maggie Wittlin

Faculty Scholarship

Should the Federal Rules of Evidence apply at bench trials? By their own terms, they apply, but courts have been reluctant to enforce them on themselves with the same rigor that they enforce them on juries. Scholarship on the issue has been mixed. Although McCormick deemed the rules of evidence "absurdly inappropriate" outside of the jury context, more recently, scholars have suggested that many reasons for imposing exclusionary rules on jurors also apply to judges. Yet practical problems persist. For one, once judge evaluate the admissibility of evidence, they can’t “unring the bell” and ignore evidence they've decided to exclude. …

Muted Voices: United States Employees’ Role In Regulating And Protecting Workplace Health, James J. Brudney

Faculty Scholarship

The COVID-19 pandemic has given workplace health a higher profile, perhaps its highest since passage of the Occupational Safety and Health Act of 1970 (OSH Act). Increased visibility and public support are based on national awareness of how frontline essential (FE) workers risked their health and lives to protect fellow Americans and preserve economic stability. That said, the greater attentiveness to workplace health risks, and the heroism of FE workers, has been accompanied by what is at best a limited role for employee voice and participation in improving workplace protections. In a larger context, while unions have been heavily involved …

War On Covid: Warfare And Its Discontents, Catherine Powell

Faculty Scholarship

This essay analyzes the wartime framing of “fighting” a war on COVID-19—to “fight that invisible enemy,” coronavirus. How might lawmakers address social crises, such as COVID, with the urgency of an emergency without reinforcing our overly-militarized, securitized, and policed state? The problem with a securitized approach is that the notion of security combines conceptual ambiguity with heightened urgency and this indeterminacy can shape and even distort legality in exceptional moments.

I examine the use of the security framework in the context of war-related legal authority to address the pandemic and steps necessary for building a post-pandemic recovery. Importantly, this project …

Turfgrass Alternatives For The Modern Yard, John Lonowski

Department of Environmental Studies: Undergraduate Student Theses

The considerable maintenance and irrigation required of turfgrass lawns can often be seen as a fruitless endeavor, as it consumes substantial resources but yields minimal economic benefit. The goal of this paper is to highlight the resource needs of traditional turfgrass lawns and identify and test alternative lawn types that are still aesthetically pleasing while being more sustainable than traditional turfgrass. To obtain the results, the experiment was conducted in Alda, Nebraska employing a randomized complete block design, which tested four entries at two separate locations, each with three replications. The entries include: 1. Buffalograss, 2. Tall Fescue, 3. White …

Active Learning For Efficient Soil Monitoring In Large Terrain With Heterogeneous Sensor Network, Hui Chen, Ju Wang

Publications and Research

Soils are a complex ecosystem that provides critical services, such as growing food, supplying antibiotics, filtering wastes, and maintaining biodiversity; hence monitoring soil health and domestication is required for sustainable human development. Low-cost and high-resolution soil monitoring systems are challenging to design and build. Compounded by the sheer size of the monitoring area of interest and the variety of biological, chemical, and physical parameters to monitor, naive approaches to adding or scheduling more sensors will suffer from cost and scalability problems. We investigate a multi-robot sensing system integrated with an active learning-based predictive modeling technique. Taking advantage of advances in …

First Gene-Edited Calf With Reduced Susceptibility To A Major Viral Pathogen, Aspen M. Workman, Michael P. Heaton, Brian L. Vander Ley, Dennis A. Webster, Luke Sherry, Jonathan R. Bostrom, Sabrina Larson, Theodore S. Kalbfleisch, Gregory P. Harhay, Erin E. Jobman, Daniel F. Carlson, Tad S. Sonstegard

School of Veterinary and Biomedical Sciences: Faculty Publications

Bovine viral diarrhea virus (BVDV) is one of the most important viruses affecting the health and well-being of bovine species throughout the world. Here, we used CRISPR-mediated homology-directed repair and somatic cell nuclear transfer to produce a live calf with a six amino acid substitution in the BVDV binding domain of bovine CD46. The result was a gene-edited calf with dramatically reduced susceptibility to infection as measured by reduced clinical signs and the lack of viral infection in white blood cells. The edited calf has no off-target edits and appears normal and healthy at 20 months of age without obvious …

Making The Case: Examining Outcomes Of Religious‑Based Claims In Federal Litigation Involving Lgbt Rights, Emily Kazyak, Kelsy Burke, Marissa Oliver, Maia Behrendt

Department of Sociology: Faculty Publications

Introduction In this manuscript, we analyze 62 US federal cases from 1990 to 2020 that implicate the issue of religious freedom and LGBT rights. Popular and scholarly commentary on the advancement of LGBT rights in the twenty-first century has speculated a rise in religious exemption litigation as a strategy to oppose such rights. Yet, we lack empirical data to confirm or reject this assumption and to understand patterns and trends within such cases.

Methods We perform bivariate analyses to examine trends with regard to how the court rules on these cases.

Results Our findings show that religious litigants are not …

Exploring The Evolution Of Trypanosoma Cruzi And The Emergence Of Chagas Disease In The Context Of Environmental Change: Applying The Stockholm Paradigm To Archaeoparasitology, Part I, Aida Romera Barbera, Daniel R. Brooks, T. Michael Fink, Karl J. Reinhard

Karl Reinhard Publications

The Stockholm Paradigm is an evolutionary synthesis that explains the emergence of novel pathogens in the context of environmental disturbances. Considering the urgent climate change situation, anticipation stands as key to prevent and mitigate the effects that climate change can have in the emergence of pathogens. However, the success of preventive measures is hindered by a limited knowledge of the interplaying dynamics between biology, environment, and culture leading to emerging infectious diseases. For many decades, bioarchaeologists have been gathering data on past human-environment interactions, therefore contributing to the conversation. Archaeoparasitology, at the intersection between pathology, bioarchaeology, and biology, is uniquely …

The Paradox Of Child Poverty And Welfare, Tirna Purkait

Department of Nutrition and Health Sciences: Faculty Publications

The United States confronts persistent child welfare issues rooted in poverty. The age-old debate vacillates between advocating personal responsibility and bolstering social safety nets. Current welfare programs, aiming to mitigate child poverty, often fall short given the deep nexus of poverty and child maltreatment. This paper probes the intricate ties between child poverty and welfare, emphasizing state legislative variances, inherent system paradoxes, and potential policy enhancements. Exploring historical contexts, existing societal frameworks, and future reforms, this research emphasizes the urgency for all-encompassing solutions. These should tackle poverty’s core while fortifying child welfare, safeguarding the well-being of forthcoming American generations.

A Method For Successful Collection Of Multicores And Gravity Cores From Antarctic Subglacial Lakes, Brad E. Rosenheim, Alexander B. Michaud, James Broda, Alan Gagnon, Ryan A. Venturelli, Timothy D. Campbell, Amy Leventer, Molly Patterson, Matthew J. Siegfried, Brent C. Christner, Dennis Duling, David M. Harwood, John E. Dore, Martyn Tranter, Mark L. Skidmore, John C. Priscu, Salsa Science Team

Department of Earth and Atmospheric Sciences: Faculty Publications

During the 2018–2019 Antarctic field season, the Subglacial Antarctic Lakes Scientific Access project team cleanly accessed Mercer Subglacial Lake, West Antarctica, to sample water and sediments beneath 1087 m of overlying ice. A multicorer was successful in sampling the sediment–water interface, with 4 deployments retrieving 10 cores between 0.3 and 0.4 m in length. Gravity coring was also successful, retrieving cores of 0.97 and 1.78 m in glacial diamict. However, sediment cores retrieved by the gravity cores were shorter than the core barrel penetration (as measured by mud streaks on the outside of the coring system), indicating that the system …

The Disembodied First Amendment, Nathan Cortez, William M. Sage

Faculty Journal Articles and Book Chapters

First Amendment doctrine is becoming disembodied—increasingly detached from human speakers and listeners. Corporations claim that their speech rights limit government regulation of everything from product labeling to marketing to ordinary business licensing. Courts extend protections to commercial speech that ordinarily extended only to core political and religious speech. And now, we are told, automated information generated for cryptocurrencies, robocalling, and social media bots are also protected speech under the Constitution. Where does it end? It begins, no doubt, with corporate and commercial speech. We show, however, that heightened protection for corporate and commercial speech is built on several “artifices” - …

Asm History: Honorary Members, Hugh H. Genoways, Suzanne Boyer Mclaren, Robert M. Timm

University of Nebraska State Museum: Mammalogy Papers

The founders of the American Society of Mammalogists (ASM), in the first Bylaws approved in 1919, established an honorary membership, writing: “Article II. Membership. Sec. 3. Honorary members shall be elected by a majority vote of the Society upon unanimous recommendation of the Council [= Board of Directors] in recognition of distinguished services to mammalogy” (By-laws and Rules adopted April 3, 1919). In the most recently approved ASM Bylaws, it is stated: “Honorary membership is conferred by the Society in recognition of distinguished service to mammalogy” (Article II, Sec. 6, ASM Bylaws, approved 15 June 2021). This simple sentence has …

The Illustrated Ivan: Ivan Iv In The Illustrated Chronicle Compilation, Charles J. Halperin, Ann M. Kleimola

Russian Language and Literature Papers

The surviving segments of the incomplete Illustrated Chronicle Compilation (LLS), in both text and miniatures, present a consistently positive image of Ivan IV as pious, just and competent, although the portrayal of individual events could vary. Nevertheless they also sometimes portray him as not in control of his elite, his subjects or events. If Ivan had to restore order by punishing those who had acted unjustly without his permission, then he had obviously failed to prevent such misdeeds. The miniatures in LLS present a cohesive image of the Public Ivan, despite the various stages of completion of individual segments, efforts …

Review Of Minority Discourses In Germany Since 1990, Patricia Simpson

German Language and Literature Papers

Both scholarly and popularized examinations of Germany during the 1990s hotly debated the “new normal” of its national politics and cultures, from the so-called “Leitkultur” (guiding culture) of the late 1990s to the plural, intersectional identities within the Federal Republic, among them “Ossis,” “Wessis,” and the multiple minoritized groups negotiating various points on the peripheries. ... The ten essays in the volume, published in the Spektrum Series (volume 23), engage the discursive plurals of intersectional identities and their positions visà- vis dominant whiteness in German-speaking Europe since German unification and the later founding of the European Union in 1993. To …

Situated Data: Feminist Epistemology And Data Curation, Scout Calvert

University of Nebraska-Lincoln Libraries: Faculty Publications

In the last decade or more, academic libraries have taken up the challenge of providing data curation and research data support, bringing expertise in metadata and digital preservation to key aspects of the research data life cycle. This activity has hastened since 2013, when the White House Office of Science and Technology Policy (OSTP) issued a memo directing federal funding agencies to require data, among other products of research, to be shared as a condition of funding.1 The OSTP memo did not come out of the blue, but recognized changes in data practice in some disciplines as the costs of …

Comparison Of Library Publishing Workflows By Open Access Model As Practiced In The University Of Nebraska–Lincoln Libraries, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Faculty Publications

Workflows for green and diamond open access (OA) models in a library publishing program may be very similar to one another (green = republishing; diamond = original publishing). As administered in the University of Nebraska–Lincoln Libraries, the details of each of these workflows are outlined and compared with each other and compared also with the interaction with authors that stems from gold OA (= outsourcing publishing). Vignettes related to each type of publishing model are included to demonstrate the types of conversations we tend to have with authors about the various OA types and give an indication of how much …

Creating Informed Learners In The Classroom Facilitator Handbook, Clarence Maybee, Michael Flierl, Rachel Fundator, Catherine Fraser Riehle, Maribeth Slebodnik, Amity Saha

University of Nebraska-Lincoln Libraries: Faculty Publications

Higher education has a responsibility to prepare graduates to traverse the challenges of today’s information environment. While many institutions offer information literacy programming, including courses, they typically do not address learning to use information that occurs as part of disciplinary learning and enculturation. Creating Informed Learners in the Classroom (CILC) was an educational development program implemented at three research universities (Purdue University, University of Arizona, and University of Nebraska, Lincoln) between September 1, 2019 to August 31, 2024. Originally titled Academic Librarian Curriculum Developers: Building Capacity to Integrate Information Literacy across the University, the project was partially funded by …

Difficult Conversations Concerning Identity And Difference: Diverse Approaches And Perspectives, Jordan Soliz, Srividya Ramasubramanian

Department of Communication Studies: Faculty Publications

This essay is an introduction to the special issue on “Difficult Conversations Concerning Identity and Difference.” The essay begins with our argument that inquiries into difficult conversations are important as these interactions are key to addressing social inequities, creating and/or maintaining community and relational solidarity, amplifying voices of marginalized populations and/or diverse experiences, and enacting social change. Following this, we introduce the articles in the special issue highlighting the theoretical frameworks and methodological pluralism across the various relational and social contexts represented in the research (e.g., health care, higher education, community organizations, personal relationships). To complement the implications discussed by …

Forging A Future Title Ix, Naomi M. Mann

Faculty Scholarship

Title IX is in transition. Fifty years after its passage, Title IX is at the center of multiple culture wars, notably those around the definition of sex¹ and the contours of due process² in schools. Since 2011, the federal Department of Education (“ED”) has issued multiple guidance documents, containing widely divergent obligations for schools.³ In the last decade, the meaning of Title IX has been highly contested, appearing sometimes more dependent on the administration in power than on the statute’s text and purpose.⁴ This pendulum swing has diverted attention away from Title IX’s core goal: equal …

Creative Connections: A Guidebook For Arts-Based Inquiry, Julia Marshall, Kimberley D'Adamo, Ann Ledo Lane

Kimberley D'Adamo: Art, Curriculum, Publications, and Other Scholarly Works

Art-based inquiry is an approach to art education that frames art making as a form of inquiry—a way of exploring and learning about ideas, ourselves and the world. The goals of art-based inquiry are understanding important topics, imagining possibilities, and inventing new realities. Students create art in order to meet those goals and they do it with a teacher’s guidance. For Creative Connections, art-based inquiry calls for a slight shift in perspective and change in practice. Adopting art-based inquiry does not mean throwing out everything you do. It means seeing art class diff erently and adapting it to a more …

The Us In Uterus: A Collaborative Autoethnography Of Psychologists Advocating For Reproductive Justice, Dena Abbott, Rin Nguyen, Carrie Bohmer, Millie L. Myers, Jessica A. Boyles, Caitlin M. Mercier

Department of Educational Psychology: Faculty Publications

In light of the recent Supreme Court decision to overturn Roe v. Wade, millions of people with uteruses have been forced to navigate precarious access to reproductive care. Although health service psychologists have an ethical responsibility to engage in reproductive justice advocacy, training programs often do not adequately address sexual and reproductive health. Therefore, we sought to better understand how health service psychologists’ personal and professional experiences influence each other and explore the ways in which we as reproductive beings and advocates sustain ourselves amidst tremendous sociopolitical uncertainty. In order to do so, we employed a feminist collaborative autoethnography approach …