Digital Commons Network^™

The Bob Jones Case - Over To Congress, Neal Devins

Neal E. Devins

No abstract provided.

The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes

Wayne R. Barnes

Professor Calhoun, in his Article around which this symposium is based, has asserted that it is permissible for citizens to publicly argue for laws or public policy solutions based on explicitly religious reasons. Calhoun candidly admits that he has “long grappled” with this question (as have I, though he for longer), and, in probably the biggest understatement in this entire symposium, notes that Professor Kent Greenawalt identified this as “a particularly significant, debatable, and highly complex problem.” Is it ever. I have a position that I will advance in this article, but I wish to acknowledge at the outset that …

Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes

Wayne R. Barnes

This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square—and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if citizens comply …

Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun

Samuel W. Calhoun

This Essay argues that it’s perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln’s opposition to slavery, shows that religion and politics have been continuously intermixed ever since the Founding. Part IV, emphasizing the Reverend Martin Luther King, Jr., argues that no other reasons justify barring faith-based arguments from the public square.

Sex Segregation As Policy Problem: A Gendered Policy Paradox, Elizabeth Sharrow

Elizabeth Sharrow

The Effects Of Natural Resource Dependence And Democracy On The Incremental Budgeting Theory And Punctuated Equilibrium Within A Budgetary Context, Barrak Algharabali

Barrak Algharabali

Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark P. Thomas, John Grundy, Andrea M. Noack

Eric M. Tucker

This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there is a deterrence gap in Ontario.

Why Do We Learn What We Learn? The Intersection Of Leadership And Learning In Aviation Environments, Kadie Mullins

Kadie Hayward Mullins

Why do we learn what we learn? Teach what we teach? Train how we train? Largely, decisions regarding instruction and training in aviation environments are dictated by leadership. Industry CEOs beliefs on professional development, organization culture inspired by leadership, and the instructors’ personal leadership philosophies create specific learning schema while legislation, credentialing agencies, and public policies provide mandates surrounding licensing and certifications. This paper will explore the contexts and concepts in which learning and leading intersect and the impacts of those intersections on learner outcomes and instructional planning. Exploring pertinent historical, societal, philosophical, and psychological factors that guide instruction and …

State-Created Immigration Climates And Domestic Migration, Huyen Pham, Pham Hoang Van

Huyen T. Pham

With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level -- cities, counties, and states -- have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously anti-immigrant laws. Illinois, by contrast, has received relatively little media coverage for enacting laws that benefit the immigrants within its jurisdiction. The reality on the ground is that subfederal jurisdictions in the United States have taken very divergent paths on the issue of immigration regulation.

Compiling city, county, and state …

Poetics-Tectonics: Chronicle Of An Engaged Studio, Sara Khorshidifard

Sara Khorshidifard

Putting Distribution First, Robert C. Hockett

Robert C. Hockett

It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in …

Jefferson Village Downtown District Plan, Wendy A. Kellogg, Kirby Date, Richard Klein, James Wyles, Alicia Dyer, Tim Kobie, Christine Zuniga

James Wyles

Jefferson Village is an incorporated municipality in Northeastern Ohio, with a population in 2000 of about 4000 residents. Originally founded in 1803 and incorporated in 1836, the Village has been the county seat for Ashtabula County since 1807. The Village is centrally located in Ashtabula County, 10 miles south of Lake Erie, and 10 miles west of the Pennsylvania border. Interstate highway 90 runs parallel to the lake shore, about 6 miles north of the village; and State Route 11 is a major north-south connector located about 2 miles east of the village. The primary employment locations in the Village …

Testimony Before The House Committee On National Security And The House Committee On Oversight And Government Reform, George H. Baker Iii

George H Baker

The Commission to Assess the threat to the United States from Electromagnetic Pulse, on which I served as principal staff, made a compelling case for protecting critical infrastructure against the nuclear electromagnetic pulse (EMP) and geomagnetic disturbances (GMD) caused by severe solar storms. Their 2008 Critical Infrastructure Report explains EMP effects, consequences, and protection means for critical infrastructure sectors. EMP and GMD are particularly challenging in that they interfere with electrical power and electronic data, control, transmission, and communication systems organic to nearly all critical infrastructures. The affected geography may be continental in scale. EMP and GMD events thus represent …

Reducing Dependence On Big Brother: Higher Education Looks For Innovative Funding Opportunities, Ralph E. Mckinney Jr., Lawrence P. Shao, Patrick A. Tissington

Ralph E. McKinney

This paper presents innovative programs that business schools can utilize to reduce dependence on public funds. A review of the literature shows the theoretical and empirical foundation of higher education funding dilemmas. While higher education is moving towards a global ambition, scarcity hinders governments to fully support programs long-term; thus, cost-sharing and cost-shifting measures must occur for higher education to support current programs. In this study, we examine two universities (one U.S. and one UK.) and provide practical summaries of programs that have provided additional funds. We show that diversity of funding sources is essential for survival of higher education …

Fairness, Justice And An Individual Basis For Public Policy, Douglas R. Oxley

Douglas R. Oxley

Prior models of the policy process have examined how human characteristics can affect policy decision-making in such a way that it leads to aggregate effects on policy outcomes as a whole. I develop a model of the policy process which suggests that emotions related to fair and unfair experiences in the same policy domain are utilized by decision-makers as policy criteria. In the lab, I empirically tested this, and find that emotions and experience related to fairness do influence the policy decision to move away from the status quo alternative. Based upon this result, I simulated the evolution of a …

Effect Of Bribery In International Commercial Arbitration, Harshad Pathak, Pratyush Panjwani, Divya Srinivasan, Punya Varma

Harshad Pathak

The issue of bribery in international commercial arbitration throws up complex issues throughout the proceedings. The given paper addresses the three procedural concerns associated with claims tainted by bribery – arbitrability, admissibility, and investigative powers of arbitral tribunal. Regarding arbitrability, it is amply clear that claims tainted by bribery are no longer non-arbitrable in nature. However, an arbitral tribunal ought to proceed to the merits of the dispute only in the circumstance that such claims are found to be admissible before the tribunal. With respect to admissibility of such claims, the authors suggest that if bribery is shown to exist, …

Media Impact On Disaster Public Policy, John R. Fisher

Dr. John R. Fisher

Decades of research suggest the media play a secondary role in the development of public policy. This appears to be equally true in media coverage of disasters. While the media may heighten awareness of an issue, individual public opinion leaders, particularly the wealthy and influential, have greater impact on the formation of public policy.

Desarrollo Y Acceso A Telecomunicaciones, Rodrigo Garcia-Verdu

Rodrigo Garcia-Verdu

No abstract provided.

Open Government Partnership En México Y Brasil: La Transparencia Como Responsabilidad Compartida, Juan Jaime Mesina

Juan Jaime Mesina

Questioning The Constitutionality Of Sharia Law In Some Nigerian States, Chinelo Okekeocha, Andrew I.E. Ewoh

Andrew I.E. Ewoh

In 2000, Governor Sani Ahmed of Zamfara State introduced an Islamic law popularly known as Sharia in his state and eleven other northern states immediately followed suit. He opined in his defense that the Nigerian constitution gave the states an implied power to enact such law, thus rekindling a contentious debate on the role of religion in the country. The analysis begins with an examination of the constitutionality of the Sharia law and its consequences on citizens where such law operates. This is followed by an explication of reactions in Sharia states and the federal government‟s concern about the issue …

National Infrastructure Protection Priorities For Nuclear Electromagnetic Pulse (Emp) And Solar Storm Geomagnetic Disturbance Catastrophes, George H. Baker Iii

George H Baker

The Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack has provided a compelling case for protecting civilian infrastructure against the effects of EMP and geomagnetic disturbances (GMD) caused by severe solar storms. Similar to protecting critical infrastructure against any hazard, it will be important to take a risk-based priority approach for these two electromagnetic threats, recognizing that it will be fiscally impracticable to protect everything. In this regard, EMP and GMD are particularly challenging in that they interfere with electrical and electronic data, control, transmission, and communication systems organic to nearly all critical infrastructures, simultaneously, …

Protecting The Electric Power Grid From Electromagnetic Pulse: Legal And Policy Aspects, George H. Baker Iii, William R. Harris, Thomas S. Popik

George H Baker

Since the release of the 2004 and 2008 reports of the congressionally-authorized Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack (“EMP Commission”), there has been a growing societal realization that civilian infrastructure is vulnerable to electromagnetic pulse (EMP) threats. And among the DHS list of critical infrastructure sectors, the electric power grid is both the most vulnerable, because EMP couples most efficiently to long power lines, and the most critical, because the grid is the keystone infrastructure upon which all other infrastructures depend. Simply put, grid failure is an existential threat to national governance and …

Inviabilidad Del Sistema Pensional Colombiano (Por Segmentación De Mercado), Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.

Chapter 13: Operation Neptune Spear: Was Killing Bin Laden A Legitimate Military Objective?, Kevin H. Govern

Kevin H. Govern

In this chapter I take the killing of Osama bin Laden as a test case for considering the moral and legal status of intentionally killing individuals deemed a threat to national security, under conditions in which the object of the targeted attack is offered little or no opportunity to surrender to attacking forces. The target in such operations, in short, is treated as though he were a belligerent: a person placed on a kill list may be targeted in a way that would be legitimate if he were an enemy combatant. In such cases, we think of him as having …

Legislative Regulation Of Surrogacy And Reproductive Technology, Marjorie Maguire Shultz

Marjorie M. Shultz

No abstract provided.

Reproductive Technology And Intent-Based Parenthood: An Opportunity For Gender Neutrality, Marjorie Maguire Shultz

Marjorie M. Shultz

United States. Some emphasis on the Baby M case.

The Art Of Judgment: A Study Of Policy Making, Brian Patrick

Brian Patrick

No abstract provided.

Habemus Reforma, No Congeladora, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Iniciativa Ifai, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Emp And Geomagnetic Storm Protection Of Critical Infrastructure, George H. Baker Iii

George H Baker

EMP and solar storm wide geographic coverage and ubiquitous system effects beg the question of “Where to begin?” with protection efforts. Thus, in addressing these “wide area electromagnetic (EM) effects,” we must be clever in deciding where to invest limited resources. Based on simple risk analysis, the electric power and communication infrastructures emerge as the highest priority for EM protection. Programs focused on these highest risk infrastructures will go a long way in lessoning societal impact. Given the national scope of the effects, such programs must be coordinated at the national level but implemented at local level. Because wide-area EM …