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2023

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The Effects Of Brand Relationships On Justice Perceptions In Service Recovery, Cid Gonçalves Filho, Kip Kiefer, Marc Fetscherin, Alexander Blandina, Marcelo Nacif Rocha, Plínio Rafael Reis Monteiro Jan 2023

The Effects Of Brand Relationships On Justice Perceptions In Service Recovery, Cid Gonçalves Filho, Kip Kiefer, Marc Fetscherin, Alexander Blandina, Marcelo Nacif Rocha, Plínio Rafael Reis Monteiro

Faculty Publications

Purpose: This paper explores how brand relationship quality (BRQ) influences consumers’ perceived sense of justice in the context of service recovery situations.

Design/methodology/approach: We conducted a survey of 368 consumers who experienced an automotive service recovery.

Findings: Stronger BRQ led to higher levels of perceived justice (distributive, procedural, and interactional), which in turn led to higher customer satisfaction of complaint handling. Ultimately, higher customer satisfaction led to lower complaining, lower retaliation, and higher purchase intention. Our alternative model tested the effects of BRQ sub-dimensions on justice perception. Interestingly, trust produced a “love-is-blind” effect, while intimacy revealed a “love-becomes-hate” effect.

Originality: …


Understanding Identity, Power, And Use Of Space Over Time Within Housepit 54, Bridge River Site (K’Etxelkná’Z), British Columbia, Ashley Elizabeth Hampton Jan 2023

Understanding Identity, Power, And Use Of Space Over Time Within Housepit 54, Bridge River Site (K’Etxelkná’Z), British Columbia, Ashley Elizabeth Hampton

Graduate Student Theses, Dissertations, & Professional Papers

This research examines cultural change and continuity as embodied within a singular multi-generational housepit (Housepit 54) located within the Bridge River site (K’etxelkná’z) in the Mid-Fraser Canyon, British Columbia, Canada. Previous research has highlighted the distinctive differences between Bridge River 2 and 3 time periods wherein the village was faced with dramatic population growth and climate change. These pressures crafted a Malthusian ceiling-type event which corresponded with the emergence of persistent institutionalized inequality. This research aims to illuminate issues of gender, kinship, social identity, and household social relationships in order to highlight how macro-scale cultural change is evinced in micro-scale …


Sharing The Medicine Of Resilience: Honoring The Work Of Dr. Gyda Swaney, Matthew Martin Croxton Jan 2023

Sharing The Medicine Of Resilience: Honoring The Work Of Dr. Gyda Swaney, Matthew Martin Croxton

Graduate Student Theses, Dissertations, & Professional Papers

American Indians are a unique population that have been historically understudied in psychology. However, research in this field with this population has been growing and researchers are beginning to explore facets of American Indian mental health. There is a movement for American Indian psychologists themselves to conduct this research and to begin to develop culturally adapted and Indigenous research frameworks. There have been many Native psychologists who have helped push this work forward. One such Native psychologist was Dr. Gyda Swaney (Salish) who was a professor at the in the Psychology Department at the University of Montana and directed and …


Greater Sage-Grouse In A Grazed Landscape: Habitat Selection, Demographic Rates, And Population Trends In Central Montana, Jennifer Evans Helm Jan 2023

Greater Sage-Grouse In A Grazed Landscape: Habitat Selection, Demographic Rates, And Population Trends In Central Montana, Jennifer Evans Helm

Graduate Student Theses, Dissertations, & Professional Papers

Greater sage-grouse (Centrocercus urophasianus) abundance has declined across the species’ range due to habitat loss, degradation, and fragmentation. To address this decline, information is needed to guide habitat conservation priorities and population management efforts. This includes information about patterns of habitat selection at multiple spatial scales, habitat and land use variables that affect demographic rates, and population trend estimates. We collected ten years of data (2011-2020) on sage-grouse demographic rates and habitat selection, as well as on vegetation and livestock grazing patterns, to address these topics. We were specifically interested in the effects of a rotational grazing system implemented through …


Ecological Adaptation And Speciation In Chipmunks, Nathanael David Filer Herrera Jan 2023

Ecological Adaptation And Speciation In Chipmunks, Nathanael David Filer Herrera

Graduate Student Theses, Dissertations, & Professional Papers

Understanding how evolutionary and ecological mechanisms promote speciation and adaptation is one of the central challenges of evolutionary biology. Recent advancements in theoretical, methodological, and computational approaches now allow biologists to test long-standing questions regarding the evolutionary history of species. This includes the genomic underpinnings of reproductive barriers and adaptive phenotypes, and the contribution of ecology, geography, and demography in the generation and maintenance of biodiversity. While great strides have been made in understanding the genetic and ecological factors that underlie speciation and local adaptation, many open questions remain. My dissertation first seeks to address questions about how we define …


Evaluation Of Physiological Responses To Woodsmoke Inhalation During Exercise In Blood Pressure Sensitive/Chronotrope Stratified Individuals, Joseph Alan Sol Jan 2023

Evaluation Of Physiological Responses To Woodsmoke Inhalation During Exercise In Blood Pressure Sensitive/Chronotrope Stratified Individuals, Joseph Alan Sol

Graduate Student Theses, Dissertations, & Professional Papers

The aim of this dissertation was to evaluate the acute physical reaction to WS exposure and identify potential fingerprints of physiological responses that may better illustrate the process leading to pathology from chronic exposure to particulate matter (PM). Study 1 developed a cost-effective, reproducible methodology for obtaining larger volume and pH-stable exhaled breath condensate (EBC) samples. Notably, the novel EBC device, compared to a commercially-available device, collected a larger sample volume, permitting an expansion in the number of biomarkers that could be examined in future WS exposures. The EBC device was then incorporated in Study 2, along with measuring key …


Investigating Elastic Deformation Induced By Surface Loads On Planetary Bodies, Ashlesha Khatiwada, Hilary Martens, Donald F. Argus Jan 2023

Investigating Elastic Deformation Induced By Surface Loads On Planetary Bodies, Ashlesha Khatiwada, Hilary Martens, Donald F. Argus

Graduate Student Theses, Dissertations, & Professional Papers

Planetary bodies, including the Earth, deform when there is a redistribution of surface load. In this thesis, I conduct three independent projects related to surface loading, two of which investigate methods related to the modeling of surface loading and one which seeks to catalog the displacement responses of other planetary bodies to a surface load.

The first project aims to compare four methods for modeling the elastic loading response of the Earth: a homogeneous, non-gravitating, half-space method; a homogeneous, gravitating, spherical method; a homogeneous, non-gravitating spherical method; and a radially stratified gravitating spherical method. Many studies have focused on computing …


Influence Of Exercise On Brown, White And Beige Adipocytes, Anna C. Covington Jan 2023

Influence Of Exercise On Brown, White And Beige Adipocytes, Anna C. Covington

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Tlr4 Adjuvanted Vaccine Against Pseudomonas Aeruginosa Virulence Factor, Pf Bacteriophage, Induces Increased Immunoglobulin Response And Highly Mutated Antigen-Specific B-Cell Receptors, Valery Cristina Roman-Cruz Jan 2023

Tlr4 Adjuvanted Vaccine Against Pseudomonas Aeruginosa Virulence Factor, Pf Bacteriophage, Induces Increased Immunoglobulin Response And Highly Mutated Antigen-Specific B-Cell Receptors, Valery Cristina Roman-Cruz

Graduate Student Theses, Dissertations, & Professional Papers

Pseudomonas aeruginosa is listed as a priority 1 pathogen by the World Health Organization. Although this Gram-negative bacterium is ubiquitous and can naturally be found in the environment, it is opportunistic. P. aeruginosa has a wide range of host immune evasion strategies; one such strategy is the establishment of biofilms. Pf bacteriophage, a P. aeruginosa virulence factor, can strengthen the integrity of biofilms and can also misdirect the host immune response from an appropriate anti-bacterial response to an anti-viral response. Previous studies have established that antibodies against Pf bacteriophage can enhance clearance of P. aeruginosa infections. Next generation adjuvants such …


Ecological-Niche Modeling Reveals Current Opportunities For Agave Dryland Farming In Sonora, Mexico And Arizona, Usa, Hector G. Ortiz-Cano, Robert Hadfield, Teresa Gomez, Kevin Hultine, Ricardo Mata-Gonzalez, Steven L. Petersen, Neil C. Hansen, Michael T. Searcy, Jason Stetler, Teodoro Cervantes-Mendivil, David Burchfield, Pilman Park, J. Ryan Stewart Jan 2023

Ecological-Niche Modeling Reveals Current Opportunities For Agave Dryland Farming In Sonora, Mexico And Arizona, Usa, Hector G. Ortiz-Cano, Robert Hadfield, Teresa Gomez, Kevin Hultine, Ricardo Mata-Gonzalez, Steven L. Petersen, Neil C. Hansen, Michael T. Searcy, Jason Stetler, Teodoro Cervantes-Mendivil, David Burchfield, Pilman Park, J. Ryan Stewart

Faculty Publications

For centuries, humans occupying arid regions of North America have maintained an intricate relationship with Agave (Agavoideae, Asparagaceae). Today Agave cultivation, primarily for beverage production, provides an economic engine for rural communities throughout Mexico. Among known dryland-farming methods, the use of rock piles and cattle-grazed areas stand out as promising approaches for Agave cultivation. Identifying new cultivation areas to apply these approaches in Arizona, USA and Sonora, Mexico warrants a geographic assessment of areas outside the known ranges of rock piles and grasslands. The objective of this study was to predict areas for dryland-farming of Agave and develop models to …


A Biophysical Approach To Modeling Elevational Range Shifts In Colorado Mammal Communities, Ryan T. Mahar Jan 2023

A Biophysical Approach To Modeling Elevational Range Shifts In Colorado Mammal Communities, Ryan T. Mahar

Graduate Student Theses, Dissertations, & Professional Papers

Species geographic ranges are shifting in the face of contemporary climate warming, and documenting range shifts is crucial to our understanding of the underlying drivers mediating movement in geographic range limits. Studies on elevational range shifts with climate change are beginning to accrue within the literature, though observed shifts are idiosyncratic and difficult to predict. Some species may respond to warming temperatures by shifting their range limits upslope, where temperatures are cooler owing to the adiabatic lapse rate. However, species may also respond to warming temperatures in an elevation-dependent manner: if changes in snow depth expose overwintering organisms to colder …


Competition For Personnel: A Barrier To Prescribed Burning In The San Juan National Forest, Trevor Finney Jan 2023

Competition For Personnel: A Barrier To Prescribed Burning In The San Juan National Forest, Trevor Finney

Graduate Student Theses, Dissertations, & Professional Papers

Using personnel data from the Resource Ordering and Status System (ROSS) this paper analyzes the relationship between personnel and prescribed burn frequency for the San Juan National Forest. Prescribed burning is used as a tool for mitigating wildfire risk by removing hazardous fuels but faces many barriers from policy to systemic disincentives. Personnel unavailability is one of these barriers that consistently challenges managers on National Forests when attempting to conduct prescribed burns. An instrumental variables approach is used to estimate the impact of personnel unavailability on managers decisions to conduct prescribed burns between 2014 and 2022. Estimates do not support …


Characterization Of Protein Folding Pathways And Structural Stability, Michael Tyler Rothfuss Jan 2023

Characterization Of Protein Folding Pathways And Structural Stability, Michael Tyler Rothfuss

Graduate Student Theses, Dissertations, & Professional Papers

Proteins are large, flexible molecules with an extremely large number of potential conformations. Proteins expressed in cells traverse available conformations to reach a consistent, thermodynamically stable, biologically active structure through a process known as protein folding. The atomic composition of the protein, defined by a sequence of amino acid residues encoded in DNA as a gene, determines the protein folding pathway and ultimate native structure of the protein molecule. Understanding the relationship between the sequence of amino acids and the resulting protein structure has been a central challenge in protein research for decades. To fill this knowledge gap, we test …


Quantifying The Effects Of Beaver Dams And Stream Restoration On Headwater Salmonid Populations, Andrew Biche Lahr Jan 2023

Quantifying The Effects Of Beaver Dams And Stream Restoration On Headwater Salmonid Populations, Andrew Biche Lahr

Graduate Student Theses, Dissertations, & Professional Papers

The importance of freshwater habitats in supporting ecological communities and human civilization is irrefutable, yet they remain amongst the most imperiled systems in the world due to factors like resource extraction, non-native species, and climate change. In the Western United States, efforts to combat stream degradation and drought have sought to increase water storage, aggrade eroded stream beds, and increase base flows by promoting dam building by beavers and through restoration projects using human-made beaver dam analogs (BDAs). Even though beaver-related restoration projects are becoming increasingly popular, documentation of the effects of beaver dams and beaver-related restoration on headwater stream …


Climatological, Hydrological, And Economic Analysis Of Agriculture In Montana And The Western U.S.A., Zachary H. Lauffenburger Jan 2023

Climatological, Hydrological, And Economic Analysis Of Agriculture In Montana And The Western U.S.A., Zachary H. Lauffenburger

Graduate Student Theses, Dissertations, & Professional Papers

Many studies have addressed the impact of climate on agriculture; however, fewer studies addressed how farmers adapt to climate change, to what extent implementation of adaptation strategies mitigates economic losses or alters the hydrologic system. Analyses of how historical climate affected not only farmer decision making, but also the economic and hydrological consequences of farmers’ adaptations to climate variations, and projections of the spatiotemporal climatic regimes at finer regional scales are critical for aiding in actionable climate change adaptations. This dissertation helps fill knowledge gaps on the impacts of climate change in rural regions of the agricultural western U.S.A. and …


Seasonality And Depth Variability In The Microbial Ecology Of A Large, Oligotrophic Lake, Kate A. Evans Jan 2023

Seasonality And Depth Variability In The Microbial Ecology Of A Large, Oligotrophic Lake, Kate A. Evans

Graduate Student Theses, Dissertations, & Professional Papers

Planktonic microorganisms are the primary drivers of energy flow in aquatic ecosystems, and their ability to rapidly respond to changing environmental conditions makes them key sentinels of ecosystem variability. However, understanding how microorganisms respond to variations in their environment requires improved understanding of microbial physiology and metabolism. Microorganisms that live in fluid environments experience a dynamic world, where resources needed for growth can be scarce or plentiful. In some cases, such variation can be directly linked to the physical movement of water, for example, vertical mixing. Temperate lakes experience strong seasonality in stratification and mixing, so resolving the relationships between …


Life After Ice: Ecology Of Mountain Lakes Across Glacial And Elevation Gradients, Joseph William Vanderwall Jan 2023

Life After Ice: Ecology Of Mountain Lakes Across Glacial And Elevation Gradients, Joseph William Vanderwall

Graduate Student Theses, Dissertations, & Professional Papers

Conceptual models of primary succession in lakes often do not match with empirical data. New lakes arising in mountain regions due to the loss of alpine glaciers offer an opportunity to study newly forming lakes. In addition to the loss of alpine glaciers, mountain lakes are currently experiencing rapid changes, including increased vegetation cover, variable snowpack, and increased nutrient deposition. In this dissertation, I used glacial and elevation gradients to investigate the ecology and biogeochemistry of early lakes and how they may change through time. The first chapter details the glacial gradient and shows that early lakes dominated by glacial …


Spirited Debates: Montana Prohibition, Politics, & Repeal, 1925 - 1938, Hunter A. Richardson Jan 2023

Spirited Debates: Montana Prohibition, Politics, & Repeal, 1925 - 1938, Hunter A. Richardson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


The Resilience Of American Indian And Alaska Native Older Adults In The Context Of Major Health Disparities In Cardiovascular Disease, Diabetes, Asthma, And Arthritis: A Narrative Review, Ennis Frank Vaile Jan 2023

The Resilience Of American Indian And Alaska Native Older Adults In The Context Of Major Health Disparities In Cardiovascular Disease, Diabetes, Asthma, And Arthritis: A Narrative Review, Ennis Frank Vaile

Graduate Student Theses, Dissertations, & Professional Papers

Background: Multiple major health disparities have been documented in Indian Country, including cardiovascular disease (Howard et al., 1999), diabetes (Acton et al., 2003), asthma (Mannino et al., 2002), and arthritis (Barbour et al., 2017). Prior research has shown that the prevalence rates of these conditions in American Indians and Alaska Natives (AI/ANs) are among the highest in the United States. Given these health disparities, aging older adults in Indian Country may be especially vulnerable to the development of concurrent negative mental health outcomes, particularly depression (Garrett et al., 2015). Nonetheless, AI/AN older adults continue to age successfully and exhibit substantial …


Comedy, Camaraderie, And Conflict: Using Humor To Defuse Disputes Among Friends, Sheena A. Bringa Jan 2023

Comedy, Camaraderie, And Conflict: Using Humor To Defuse Disputes Among Friends, Sheena A. Bringa

Graduate Student Theses, Dissertations, & Professional Papers

This study sought to examine the role humor plays in defusing conflict between friends from an evolutionary perspective. Although a vast amount of research exists on humor, friendship, and conflict, no single study connects all three of these concepts together. This study attempted to fill this gap by examining how different humor styles used between friends in times of conflict relate to friendship satisfaction and life satisfaction. Specifically, the hypotheses predicted that friends who use affiliative humor to deescalate conflict are more inclined to report higher relational satisfaction and improved individual well-being than friends who use maladaptive humor to deescalate …


Rapid Prediction Of Verbs Based On Pronoun Interpretation Is Modulated By Individual Differences In Pronoun Processing, Jeffrey Jack Green Jan 2023

Rapid Prediction Of Verbs Based On Pronoun Interpretation Is Modulated By Individual Differences In Pronoun Processing, Jeffrey Jack Green

Faculty Publications

How quickly can pronoun interpretation affect the prediction of a following verb? Readers were presented with implicit causality contexts in which a specific pronoun and following verb were predictable. N400 and reaction time results indicated that predictable verbs were facilitated relative to unpredictable verbs when following predicted pronouns, suggesting that verbal predictions were rapidly updated based on pronoun interpretation. There was also some evidence for rapid updating of verb predictions after unexpected pronouns, but this was modulated by individual differences. Some readers appear to have placed higher weight on top–down implicit causality predictions to interpret unexpected pronouns, and others on …


Boomer Peak Or Gen X Cliff? From Svs To Lbms In Georgia English, Margaret E. L. Renwick, Joseph A. Stanley, Jon Forrest, Lelia Glass Jan 2023

Boomer Peak Or Gen X Cliff? From Svs To Lbms In Georgia English, Margaret E. L. Renwick, Joseph A. Stanley, Jon Forrest, Lelia Glass

Faculty Publications

The late twentieth century in the United States marks the decline of regional vowel systems like the Northern Cities Shift and the Southern Vowel Shift, replaced by supralocal systems like the Low-Back-Merger Shift.We chart such change in acoustic data from seven generations of White speakers (n = 135) in the Southeastern state of Georgia. We analyze front vowels affected by both the SVS and LBMS (DRESS, TRAP), plus PRICE and FACE, known respectively to monophthongize and centralize in the SVS, and LBMS-implicated LOT/ THOUGHT. The SVS is most advanced among Georgians born in the mid-twentieth century, particularly in FACE-centralization. In …


Sample Size Matters In Calculating Pillai Scores, Joseph A. Stanley, Betsy Sneller Jan 2023

Sample Size Matters In Calculating Pillai Scores, Joseph A. Stanley, Betsy Sneller

Faculty Publications

Since their introduction to sociolinguistics by Hay, Warren, and Drager [(2006). J. Phon. (Modell. Sociophon. Var.) 34(4), 458–484], Pillai scores have become a standard metric for quantifying vowel overlap. However, there is no established threshold value for determining whether two vowels are merged, leading to conflicting ad hoc measures. Furthermore, as a parametric measure, Pillai scores are sensitive to sample size. In this paper, we use generated data from a simulated pair of underlyingly merged vowels to demonstrate (1) larger sample sizes yield reliably more accurate Pillai scores, (2) unequal group sizes across the two vowel classes are irrelevant in …


Exploring The Effects Of Cross-Cultural Variation And Tourism In Utah English, Zoe Eldredge, Joseph A. Stanley Jan 2023

Exploring The Effects Of Cross-Cultural Variation And Tourism In Utah English, Zoe Eldredge, Joseph A. Stanley

Faculty Publications

Emerging Social Meaning

  • Eckert (2016): sociolinguistic variation is not just a consequence of social change but helps contribute to it.
  • Such changes become enregistered and are linked to groups or personae.
  • Fractal recursivity (Irvine & Gal 2000) may contribute to the beginnings of such differences (e.g. Zhang 2021).


Surzhyk: Attitudes & Usage Among Ukrainian People, Kateryna Kravchenko, Joseph A. Stanley Jan 2023

Surzhyk: Attitudes & Usage Among Ukrainian People, Kateryna Kravchenko, Joseph A. Stanley

Faculty Publications

What is Surzhyk?

  • refers to a range of macaronic (mixed) sociolects of Ukrainian and Russian languages
  • originally meant mixing of two different types of flour (wheat and rye), which is considered a lower grade flour
  • there is no unifying set of characteristics
  • the term is used for norm-breaking, non-obedience to or non-awareness of the rules of the Ukrainian and Russian standard languages
  • it is not Russian-accented Ukrainian


An Intersubjective Approach To The Role Of Anger In Differentiation And The Development Of A Cohesive Self: A Case Study, Hannah Schriber Jan 2023

An Intersubjective Approach To The Role Of Anger In Differentiation And The Development Of A Cohesive Self: A Case Study, Hannah Schriber

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The anger-turned-inward theory of depression has been extensively explored in psychodynamic literature. Still, little has been written about how modern relational approaches work with anger to aid patients in developing a healthy self-concept. This paper will first focus on a literature review of anger in Self Psychology and Intersubjective Systems Theory. These theories view anger as the manifestation of asserting one’s self after narcissistic injury. This paper will explore the relationship between anger and depression with an intersubjective lens utilizing the case study of Martha. Here I conceptualize depression as an introjective defense against misattuned early relational experiences. I explore …


Successful Crisis Teams: Targeting Themes Related To Well-Being And Productivity, Dana Rae Vessio Jan 2023

Successful Crisis Teams: Targeting Themes Related To Well-Being And Productivity, Dana Rae Vessio

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

While high staff turnover rates within the suicide prevention field negatively impact service delivery, they are poorly understood. Hotlines and other crisis-focused organizations cannot pinpoint what impacts well-being and productivity reliably across organizations or, rather, what creates an intersection of high points of productivity and well-being. This study employed a qualitative phenomenological approach to identify the impact of well-being and productivity amongst current and former crisis workers at a statewide hotline. Results revealed three major themes expressed by participants surrounding well-being; management support, communication, and self-regulation. Specific to productivity, participants expressed skill set and empathy as important themes related to …


Parental Misattunement And The Production Of Shame Of Existing: How To Address The Shame Of Existing Through An Intersubjective Systems Approach, Tal Ginsburg Jan 2023

Parental Misattunement And The Production Of Shame Of Existing: How To Address The Shame Of Existing Through An Intersubjective Systems Approach, Tal Ginsburg

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Shame is at the root of many commonly encountered psychopathologies. Its development has often been attributed to early childhood emotional misattunement. In severe cases, individuals can develop an extreme form of shame called the “shame-of-existing”. This paper primarily intends to contribute to the limited research about the shame-of-existing, which includes psychoanalytic perspectives from 1950-1990s, and theoretical analysis in 2014. The concept of shame of existence will be explored through an in-depth case study analysis of a 31-year-old, heterosexual, cisgender, white male who presented to psychotherapy with low-self-worth, and shame in acknowledging his own emotions and needs. This client was treated …


In Search Of Founding Era Registers: Automatic Modeling Of Registers From The Corpus Of Founding Era American English, Liina Repo, Brett James Hashimoto, Veronika Laippala Jan 2023

In Search Of Founding Era Registers: Automatic Modeling Of Registers From The Corpus Of Founding Era American English, Liina Repo, Brett James Hashimoto, Veronika Laippala

Faculty Publications

Registers are situationally defined text varieties, such as letters, essays, or news articles, that are considered to be one of the most important predictors of linguistic variation. Often historical databases of language lack register information, which could greatly enhance their usability (e.g. Early English Books Online). This article examines register variation in Late Modern English and automatic register identification in historical corpora. We model register variation in the corpus of Founding Era American English (COFEA) and develop machine-learning methods for automatic register identification in COFEA. We also extract and analyze the most significant grammatical characteristics estimated by the classifier for …


Solving The Cherry-Picking Problem In Legislative History Use – A Corpus-Based Approach For Empirical Intentionalist Legal Interpretation Analysis, Brett James Hashimoto, James Heilpern Jan 2023

Solving The Cherry-Picking Problem In Legislative History Use – A Corpus-Based Approach For Empirical Intentionalist Legal Interpretation Analysis, Brett James Hashimoto, James Heilpern

Faculty Publications

The use of legislative histories under intentionalist/purposivist theories of statutory interpretation is frequently criticized because it can be easily biased (see, e.g., Scheppele, 2012). To date, corpus-based statutory interpretation has relied almost exclusively on textualist theory of legal interpretation. However, corpus linguistic methods are not necessarily bound to any one theory (e.g., Biber & Reppen, 2015). The present study analyses two legislative histories as corpora and compares them against a general corpus of English to determine if interpretative theory makes a meaningful difference in two example cases (Costello v. United States, 2012; Taniguchi v. Kan Saipan Pacific, 2012). Senses of …