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Most any approach to interpretation of the language of law begins with a search for ordinary meaning. Increasingly, judges, scholars, and practitioners are highlighting shortcomings in our means for assessing such meaning. With this in mind, we have proposed the use of the tools of corpus linguistics to take up the task. Our proposals have gained traction but have also seen significant pushback. The search for ordinary meaning poses a series of questions that are amenable to evaluation and analysis using evidence of language usage. And we have proposed to use the tools of corpus linguistics—tools for assessing patterns of language usage in large databases of naturally occurring language—to introduce transparent, falsifiable evidence on the questions at stake. Our critics raise a series of challenges, asserting that our methods test the wrong language community, pose notice problems, are inaccurate measures, and rest on certain fallacies. We show that the criticisms are largely in error and ultimately highlight some of the main selling points of our proposed methods. We do so in reference to two canonical Supreme Court cases that have been discussed in the literature in this field (Muscarello v. United States and Taniguchi v. Kan Pacific Saipan, Ltd.) and also a more recent case (Mont v. United States). In analyzing these cases (particularly the most recent one), we also outline a framework for some proposed refinements to the methods we have advocated previously.

The main objective of this study was to extend previous research in the area of longitudinal marital satisfaction by examining how marital issues, including decision-making, activities, affection, conflict, financial matters, stability, and values, changed over the first 5 years of marriage for 242 Utah, Latter-Day-Saint individuals. In addition, this study examined whether change occurs differently for husbands versus wives and for at-risk individuals versus non-risk individuals. The results showed that four marital issues worsened over time (activities, affection, conflict, and stability). Two of the six subscales (activities and affection) were found to differ significantly by gender. In addition, four subscales were significantly different for at-risk couples when compared with non-risk couples (decision-making, activities, conflict, and stability). Limitations and recommendations are discussed.

The threshold question for all originalist methodologies concerns the original communicative content of the words of the Constitution. For too long this inquiry has been pursued through tools that are ill-suited to the task. Dictionaries generally just define individual words; they don’t typically define phrases or allow for the consideration of broader linguistic context. And while dictionaries can provide a list of possible senses, they can’t tell us which sense is the most ordinary (or common). Founding-era dictionaries, moreover, were generally the work of one individual, tended to plagiarize each other, and relied on famous, often dated examples of English usage (from Shakespeare or the King James Bible). Originalists have also turned to examples of usage in founding-era documents. This approach can address some of the shortcomings of dictionaries; a careful inquiry into sample sentences from founding-era literature can consider a wide range of semantic context. Yet even here the standard inquiry falls short. Originalists tend to turn only to certain sources, such as the Federalist Papers or the records of the state constitutional conventions, and those sources may not fully reflect how ordinary users of English of the day would have understood the Constitution (or at least have used language). Second, the number of founding-era documents relied on is often rather small, especially for generalizing about an entire country (or profession, in the case of lawyers). This opens originalists up to criticisms of cherry-picking, and even if that is not the case, sample sizes are just too small to confidently answer originalist questions. But all is not lost. Big data, and the tools of linguists, have the potential to bring greater rigor and transparency to the practice of originalism. This article will explore the application of corpus linguistic methodology to aid originalism’s inquiry into the original communicative content of the Constitution. We propose to improve this inquiry by use of a newly released corpus (or database) of founding-era texts: the beta version of the Corpus of Founding-Era American English. The initial beta version will contain approximately 150 million words, derived from the Evans Early American Imprint Series (books, pamphlets and broadsides by all types of Americans on all types of subjects), the National Archives Founders Online Project (the papers of Washington, Franklin, Adams, Jefferson, Madison, and Hamilton, including correspondence to them), and Hein Online’s Legal Database (cases, statutes, legislative debates, etc.). The paper will showcase how typical tools of a corpus—concordance lines, collocation, clusters (or n-grams), and frequency data—can aid in the search for original communicative content. We will also show how corpus data can help determine whether a word or phrase in question is best thought of as an ordinary one or a legal term of art. To showcase corpus linguistic methodology, the paper will analyze important clauses in the Constitution that have generated litigation and controversy over the years (commerce, public use, and natural born) and another whose original meaning has been presumed to be clear (domestic violence). We propose best practices, and also discuss the limitations of corpus linguistic methodology for originalism. Larry Solum has predicted that “corpus linguistics will revolutionize statutory and constitutional interpretation.”* Our paper seeks to chart out the first steps of that revolution so that others may follow.

Using family systems theory and an actor–partner interdependence model, we examine the influence of the division of family work (including fathers’ participation in child rearing) on father–child relationship quality, satisfaction with the family work division, and marital quality. The strongest effect on both spouses’ marital quality is wives’ perception of father–child relationship quality. Following this, wives’ perceptions of father participation in child rearing are positively associated with both spouses’ reports of marital quality. Furthermore, both husbands and wives report higher marital quality when they are more satisfied with the division of labor. When wives report their husbands have greater responsibility for family tasks, both spouses report higher satisfaction with the division of labor. Post hoc analyses revealed that wives are more satisfied with the division of labor when they work with their spouse rather than alone. All findings support a systemic relational orientation to family work, the division of roles, and relationship quality.

In this study the marital quality of respondents who were currently receiving government assistance was compared with those who were not. Contextual variables (e.g., gender, age, age at first marriage, religiosity, education, etc.) and interactional variables (i.e., escalating negativity, criticism, negative interpretation, withdrawal) were measured as potential correlates with marital quality. Results indicated that those who received government assistance differed significantly from those who did not on all six indicators of marital quality that were measured and on 8 of 11 contextual variables measured. Findings from this study will help policymakers, therapists, and other helping professionals gain an increased awareness of the needs of these two distinct populations and how to target educational programs to best address those needs.

This article explores the relationship between religiosity, denominational homogamy, religiosity homogamy, and marital adjustment. Using a statewide sample of spouses in first marriages ( N = 1,394) and remarriages ( N = 601), the authors find that within-group differences in religiosity, denominational homogamy, and religiosity homogamy are not as prevalent for spouses in remarriages. Overall, husbands and wives in first marriages who are very religious have significantly higher marital adjustment scores than spouses who are less religious. Similarly, husbands and wives in first marriages who share the same religious denomination report higher marital adjustment scores than spouses who report different denominations. For spouses in both first marriages and remarriages, those who report that they are “both religious” have higher marital adjustment scores than spouses where both partners are not religious, or where only the wife is religious. Possible reasons for the within-group similarities and differences are explored, particularly for spouses in remarriages.

Statewide surveys of marriage and divorce in Oklahoma and Utah point to the need to better understand the importance of commitment to marriage in a religiously homogenous population. The components of commitment—to their spouse, to marriage as an institution, and constraints to stay in the relationship—were explored in relation to religious values and attendance in an organized religion. Results indicate significant associations between these variables, with higher levels of values and attendance having a positive relationship with commitment to spouse and marriage. Constraint commitment was associated with lower religious values and attendance.

This paper discusses graduate distance education in family relations and related disciplines, using a case study approach. Challenges that occur in distance graduate programs are outlined and illustrated by examination of a new master's degree program in Family and Human Development. The program delivers courses by satellite broadcast and interactive television and requires two on-campus meetings. Graduates gave the overall program high marks, with instructor/instruction factors most important in their ratings of most and least favorite courses. We examine the implications of various strengths and weaknesses of the program for graduate program development and teaching pedagogy and offer suggestions to address logistical and pedagogical challenges of distance education in family relations. Key Words: education, family relations, professional development, teaching pedagogy. Introduction and Literature Review Although many family studies programs have a rich history of graduate education, little has been written about graduate program development and teaching pedagogy. Most discussion of graduate education in family relations has focused on career development issues, such as preparing graduate students to teach (Blaisure & Walcheski, 1997; Lamke, 1998), mentoring graduate student research (Benson & Piercy, 1997), and the preparation of graduates for the job market (Futris et al., 1999). There is a need to increase our understanding of graduate education in human development and family relations, especially as ways of delivering such education are changing. The Council of Graduate Schools (1998) recently noted that because of changing needs of professions and employers, the master's degree had undergone significant refinement in the latter half of the 20th century. One result of these changes has been an increased number of applied master's degree programs in a variety of disciplines, including family studies (Hans, 2002). Another recent focus of higher education has been the offering of advanced degrees for adults living at a distance from major campuses or with schedules that do not permit on-campus class attendance. Courses, certificates, and degree programs are delivered online through the Internet, through use of videocassettes, or via interactive television. The U.S. Department of Education (2003) reported that during the 2000-2001 academic year, 56% (2,320) of all 2 and 4 year Title IV-eligible, degree-granting institutions offered distance education courses. By 1995, 7,500 graduate, technology-based distance education courses were offered by institutions of higher education (Council of Graduate Schools, 1998). Confluences of demographic trends and technological advances have increased the numbers of advanced degrees offered at a distance. For more than a decade, real growth in graduate education has come from "nontraditional" students who are most likely to be female, part-time, and older in age. These students often gauge the value of their education in terms of securing jobs and promotions (Council of Graduate Schools, 1998). Thus, they look for applied programs that offer the flexibility of part-time study at times and locations that are most convenient to them. These new learners increasingly are choosing technology-based distance education programs (Council of Graduate Schools). Competition for the new "majority" student challenges traditional universities, which must contend with the offerings of comparable institutions and virtual universities, as well as other providers (i.e., University of Phoenix). In a special issue on distance education published in Family Science Review, Day and Baugher (1999) argued that degree programs delivered via distance education would likely increase in the future because of shrinking state appropriations for higher education and increased demand from the public. Several applied master's degree programs now are delivered by means of distance education. …

Marital satisfaction, marital adjustment, and problem areas experienced during the early months of marriage were examined using a sample of 1,010 newlywed husbands and wives. Results revealed that between 8% and 14% percent of newlyweds already scored in the distressed range on measures of marital satisfaction and adjustment, respectively. For both husbands and wives, the most problematic areas in the early months of marriage were balancing employment and marriage and debt brought into marriage. However, protective factors in the marriage, including respect, appreciation, commitment, mutual affection, and trust, were the strongest predictors of marital satisfaction and adjustment. Implications for future research and family life education are proposed.

343 BY CONSTITUTIONAL AND STATUTORY MANDATE, a census of “population” of the “whole number of persons in each state” must be conducted every 10 years.1 The U.S. Census Bureau invests enormous resources in complying with its decennial duty to enumerate the population of the persons that currently reside within one of the United States.2 This “domestic population” is counted by an initial massmailing of a census form sent to each address on a comprehensive master address file, followed by as many as six follow-up visits to addresses that do not respond. The 2000 domestic count has aptly been described as the “largest peacetime mobilization” of personnel undertaken by the federal government.3 It stands in stark contrast to the approach the Census Bureau historically has taken with regard to the “overseas population”—American citizens temporarily living outside of the United States on census day. For most of this nation’s history, the overseas population has been excluded entirely from the census (at least from the count relevant to the constitutional purpose of apportioning representation in the House of Representatives). The Census Bureau enumerated a subset of the overseas population in each of the past two censuses (1990 and 2000), but such attempts were directed only at those American citizens who happened to be employed by the federal government. The Census Bureau’s reluctance to enumerate the overseas population is certainly understandable. The domestic census itself is a daunting enough task; the prospect of extending the Bureau’s mailing efforts and follow-up visits to every far-flung place throughout the world where an American might be found is almost unimaginable. The question, however, is whether the Bureau acted lawfully (and wisely) in addressing this logistical barrier in the way that it did in the past two censuses—by counting only a small segment of the overseas population and ignoring the rest, instead of continuing the historical approach of limiting the census to the domestic population, or employing some alternative method of counting substantially all of the overseas population. This article addresses both legal and policy objections to the partial count of the overseas population conducted by the Census Bureau in 1990 and 2000. After reviewing the history of

The Family Profile is a self-administered and easily interpreted measure of family functioning. Family members score and plot their results to create a graphical profile of their family's relationship strengths. The ability to graph their responses gives families immediate feedback and an intuitive grasp of their relationship strengths and opportunities for improving family relationships. Successfully used for 7 years in the USA and Canada, the Family Profile has now been revised. Using a national sample of over 1,800 college students, the measure was revised to include 12 scales measuring dimensions of family functioning such as kindness, unkindness, communication, and financial management. Regression analyses indicated that these scales significantly predicted family reladonship quality, school performance, substance use, and family conflict. The Family Profile II provides practitioners a measure that is easily scored and interpreted.

The word mark taxonomy established in Abercrombie is a longstanding tenet of doctrinal orthodoxy. Lawmakers have so oft restated the Abercrombie classes and so consistently rehearsed the theoretical grounds that undergird them that it no longer occurs to us to question their premises. But there are good reasons - both pragmatic and theoretical ones - to question the Abercrombie system. At the practical level, it should be noted that the perceived objectivity and predictability of the Abercrombie classification system are a mirage. The law is incessantly and understandably searching for fixed lodestars to guide and cabin judicial and administrative decision-making. Abercrombie offers the appearance of such a lodestar at the threshold stage of evaluating trademark distinctiveness - in the form of a five-level classification system that channels the availability, timing, and degree of trademark protection. Yet although some of those classifications turn on bright-line, objective criteria, that cannot be said of the classification that matters most - of the line between the "suggestive" and the "merely descriptive." Courts and commentators have long lamented the subjectivity and arbitrariness of sorting word marks between these two classifications, and that pragmatic problem gives substantial grounds for an agnostic skepticism toward the Abercrombie orthodoxy. In terms of theory, trademark law is ripe for a thorough reevaluation in the light of the tools employed in the scholarly study of consumer psychology and behavior. The law's reflexive restatement of the grounds for its treatment of "merely descriptive" word marks - that they are unlikely to be perceived by consumers as indicators of source - is a glaring reminder that the law in this field turns on questions well beyond the competence of those trained in the art of legal analysis and interpretation. Where (as here) the law depends on answers to questions that are the focus of an entire field of scholarly study, we cannot afford to proceed in arrogant ignorance of the insights offered by such a field of expertise. In this case, the field of consumer psychology has much to offer the law of trademark distinctiveness. Perceptual schema theory provides ample grounds for doubting the law's myopic focus on the semantic meaning of a descriptive word mark. A consumer who encounters a descriptive word mark in its "trademark use" context may well perceive it as a source indicator on the basis of the mark's non-linguistic cues or indicators of meaning. Those non-linguistic indicators will be provided in large part by the consumer's perceptual models and expectations of a typical brand or source indicator in commercial context. If the descriptive word mark is presented in a spatial layout, size, and placement that matches the consumer's general schematic mental model of what a brand looks like, the word may be perceived as a source indicator even if its semantic meaning is "merely descriptive." Our theoretical model provides grounds for skepticism of Abercrombie; our empirical study completely undermines it. In other words, perceptual schema theory offers a reason to wonder whether and to what extent non-linguistic signs may overwhelm the linguistic signs credited by the law-to consider the possibility that even "merely descriptive" word marks might nonetheless be perceived as source indicators when the non-linguistic markers that accompany their trademark use overshadow their semantic meaning. But empirical analysis can - and does - provide concrete answers to the question of the relative impact of the linguistic and non-linguistic indicators of distinctiveness. Our empirical studies show that Abercrombie rests on an erroneous assumption about the predominant impact of semantic word meaning. So long as the word is used in an "average" trademark use context, a word mark's semantic meaning is shown to be overshadowed by the non-linguistic, contextual markers that establish its distinctiveness as a source indicator.

The degree of consumer "sophistication" is an important factor in the judicial evaluation of the legal standard of trademark infringement: the likelihood of consumer confusion. Yet although the law in this field is premised on assumptions about consumer psychology, the case law has developed in ignorance of an important body of scholarship devoted to that very subject. This article seeks to remedy this disconnect by drawing on scholarship in the field of consumer psychology to develop a model of consumer cognition. The consumer psychology literature suggests a much richer conception of sophistication than is currently acknowledged by the courts. The case law is dominated by an ad hoc treatment of sophistication that has generated numerous conflicts and inconsistencies in the judicial evaluation of trademark infringement. Our model provides a comprehensive framework for understanding the proper role of consumer sophistication in trademark infringement litigation and for resolving many of the conflicts in the case law.

context of relationship quality variables (emotional closeness, sibling responsibility expectations, and conflict), and individual and family characteristics (sibling age differences, number of siblings, geographic proximity, sex of respondent, sex composition of sibling pair, and whether the respondent has coresident children). Through a two-stage systematic sampling procedure of telephone and mail surveys, a sample of 313 adults aged 25 years or older with living siblings was obtained from a southwest Virginia urban area. The proportion of variance explained by the predictors were significant and substantial for each criterion (dependent variable R2 s of. 65, .37, and .69). Emotional closeness, sibling responsibility expectations, and geographic proximity were most important in explaining dimensions of sibling interaction. These reflect the significance of internal states, cultural expectations and family norms, and practical opportunities for interaction, in matters concerning aspects of the sibling relationship. The sibling role potentially has the longest duration of any human relationship (Cicirelli, 1980b). Over 80% of American children grow up in a family that includes siblings (Mussen, Conger, and Kagan, 1974), and in late adulthood 79% have living siblings (Harris and Associates, 1975). There are cultural expectations that the sibling relationship should be more emotionally close, meaningful, and enduring than other interpersonal associations, as evidenced by denoting a close friend as "like a brother" or "like a sister." In religious organizations, fraternal orders, or the military, the titles "brother" or "sister" connote solidarity and equality (Pollak, 1967). Liebow (1967) documented that impoverished urban blacks, lacking family ties, construct such associations by "going for brothers" as an attempt to create more stable, dependable relationships. Despite the prevalence of the sibling role in adulthood, and the expectations that sibling relationships be especially stable and emotionally close, the family relationships of siblings in adulthood have received little research attention. Research on family relationships across adulthood typically focuses upon the marital or parent-child pair and much less so upon the role that other kin may play in adult development. Most research on siblings has dealt with childhood or later life. For several decades, social and behavioral scientists have lamented the lack of research on adult sibling relationships (Cicirelli, 1980b; Goetting, 1986; Irish, 1965; Schvaneveldt and Ihinger, 1979; Streib and Beck, 1980). In conDepartment of Family and Human Development, Utah State University, UMC 29, Logan, UT 84322-2905.

The main conclusion of this research is that preschool children are capable of learning basic concepts of nutrition, including nutritive value, nutrient function, and the impact of nutrition on health. The research design was a before and after experimental model, with 20 children taught nutritional concepts in a child de velopment lab, 20 children taught at home by parents, and 20 children serving as a control group and receiving no instruction. The curriculum was based on nutrient density and used the Index of Nutritional Quality (INQ). Mean compar isons of pre- and posttest scores on a 12-item nutrition test were significant with both the Child Lab and home-taught groups.

A radiation measuring instrument including a fast charge digitizer and a digital data acquisition system has been developed. The fast charge digitizer includes a charge integrator connected to a conventional ionization chamber which generates an output current in proportion to ionizing radiation exposure rate. The charge integrator has an output connected to a comparator which is switched from a high state to a low state when the output of the integrator goes above the comparator threshold. The comparator output is connected to a bistable multivibrator consisting of two non-retriggerable one shot multivibrators connected in a feedback configuration. As long as the comparator output is in the low state, the bistable multivibrator generates a train of pluses which are fed back through an analog switch and a high megohm resistance to the input of the integrator. This feedback is negative and has the effect of removing the charge from the integrating capacitor, thus causing the integrator output eventually to drop below the comparator threshold. When this occurs the comparator output returns to the high state and the bistable multivibrator ceases to generate output pulses. An output terminal is connected between the bistable multivibrator and the analog switch and feeds a train of pulses proportional to the amount of charge generated by the multivibrator output voltage and the high megohm resistance to a counter connected to a random access memory device. The output pulses are counted for a predetermined time and then stored in one of the data locations of the random access memory device. The counter is then reset and a further predetermined sample period is counted. This continues until all of the locations in the random access memory device are filled and then the data is read from the random access memory device.

Although family factors are increasingly recognized in the problem of adolescent substance abuse, prevention programs continue to neglect the family as an important component of prevention programs. Family Connections, a family skills building program to prevent adolescent substance abuse, is described. The importance of basing family life education prevention programs on an empowerment and family strengths approach which is adapted to the unique situation of each family is discussed.