Law Commons^™

The Effect Of American Law On Creation Research And Education: Using Grassroots Organization To Respond, Steven Craig Policastro Jr.

Proceedings of the International Conference on Creationism

In recent years, there has been an increase in legal suits and other politically-motivated actions against creation scientists within America's public education system and scientific research community. This judicial action is in addition to the actions of the executive branch of the federal government. In spite of these affronts to our community, a well-organized grassroots movement can help alleviate certain risks of the pervasive hegemony of those who desire to subvert the First Amendment Rights of creation science professionals. Along with a coordinated effort to help protect said First Amendment Rights through a structured approach to advocacy, our community can …

Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part Two, Patrick Oliver

History and Government Faculty Publications

No abstract provided.

An Investigation Into The Psychological Effects Of Undercover Policing, Cheyenne Ls Jones

Channels: Where Disciplines Meet

Throughout history, the evolution of crime has been responded to with an evolution in crime fighting tactics. One of these tactics was undercover operations, which were developed to combat specific varieties of crime beginning with white collar crimes and government corruption. Today, undercover operations are utilized in many other ways as well, ranging from drug stings to online operations targeting sex crimes. While these developments have greatly aided and advanced justice over the years, the time has come to begin addressing the negative effects of undercover operations on the individual officers. Evidence has demonstrated over the years that undercover operations …

Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part One, Patrick Oliver

History and Government Faculty Publications

No abstract provided.

Review Of Ruth Objects: The Life Of Ruth Bader Ginsburg By Doreen Rappaport, Grace Kohler

Library Intern Book Reviews

No abstract provided.

Bioethics, Law, And The Opioid Crisis: Revisiting The Concept Of Incarceration Versus Rehabilitation, Zachary J. Krauss

Bioethics in Faith and Practice

The opioid crisis has taken America by storm and is causing more deaths each year than ever originally anticipated. Our current approach to addressing the opioid crisis involves two separate approaches, one from the medical/rehabilitation side of the problem, and one from the criminal justice side. This article serves as a revisiting of the discussion of the intricate balance that must be reached between rehabilitation and incarceration in order to adequately address the problem.

'It Wasn't Supposed To Be Easy': What The Founders Originally Intended For The Senate's 'Advice And Consent' Role For Supreme Court Confirmation Processes, Michael W. Wilt

Channels: Where Disciplines Meet

The Founders exerted significant energy and passion in formulating the Appointments Clause, which greatly impacts the role of the Senate and the President in appointing Supreme Court Justices. The Founders, through their understanding of human nature, devised the power to be both a check by the U.S. Senate on the President's nomination, and a concurrent power through joint appointment authority. The Founders initially adopted the Senate election mode via state legislatures as a means of insulation from majoritarian passions of the people too. This paper seeks to understand the Founders envisioning for the Senate's 'Advice and Consent' role as it …

The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt

Channels: Where Disciplines Meet

How powerful is the President of the United States in the arena of foreign policy? This question has opened many discussions, and hotly contested debates as to the extent of the president’s actual power. To make matters more complicated, the United States’ foreign policy has developed and evolved over the course of the United States’ more than two-hundred years history. These foreign policy concerns and international conflicts have mired the presidency into debates and consistent trials over the constitutional extent of the presidency, specifically concerning presidential war powers. Moreover, the Presidents have varied in their approaches to each of these …

The Coercion Doctrine Invigorated: Conditional Spending Since Nfib V. Sebelius, Marcus Harmon Waterman

Political Science Capstone Research Papers

The federal government has long utilized the practice of attaching conditions to the receipt of its funds. In the few instances that the Supreme Court had reviewed state challenges to conditions, it had ultimately set only minimal limitations on Congress’ spending power. That is why, when the Supreme Court’s 2012 decision in National Federation of Independent Business v. Sebelius was delivered, a host of scholarly predictions emerged. Some thought the ruling would prompt an unraveling of other conditional spending programs. Others anticipated more indirect, structural changes to flow from the decision. I find that elements of both have occurred. Over …

The Right Balance: Qualified Immunity And Section 1983, Jana Minich

Channels: Where Disciplines Meet

This paper explores qualified immunity jurisprudence in the context of Section 1983 lawsuits against police officers. Following an overview of the history behind this jurisprudence, this research looks into the current problems with the application of qualified immunity: lack of guidance for lower courts, a need for constitutional rights articulation, and a divergence from notice-based standard for particularity. This study suggests guiding the trajectory of case law toward solutions with foundations already present in precedent rather than overhauling the system of qualified immunity.

Securing Charitable Contribution Deductions, Paul G. Schloemer

Business Administration Faculty Publications

Issues regarding charitable contributions have been a frequent source of contention between the IRS and taxpayers - the charitable contribution deduction was identified as one of the most litigated issues in the National Taxpayer Advocate’s latest report to Congress.1 Thus, a review of the key issues taxpayers encounter in claiming this deduction is warranted.

Promoting Public Interest: Exploring Why Radio Broadcasters Must Serve The Public Interest When Conducting Contests And Promotions, Lynn David Long

Channels: Where Disciplines Meet

Where is the line drawn? This paper seeks to answer that question by exploring the delicate responsibility of radio broadcasters to serve the public interest in promoting their station through contests and events. By examining key cases and orders from the Federal Communications Commission, we gain an understanding of the purpose of public interest and broadcasting, and how broadcasters protect the integrity of their stations by serving that interest.

Child Brides, Brydon Koch, Alexis Steffanni, Carly Catalanello, Michelle Gamberdella

The Research and Scholarship Symposium (2013-2019)

The goal of this presentation is to take a look into the human rights violation of child marriage happening in countries all over the world. For the purpose of this presentation, we will focus on four countries where child marriages are extremely prevalent: India, Niger, Bangladesh, and Yemen. First, we will begin with a brief history and background of child brides and statistics related to this population. Second, we will discuss the four countries (as stated above) where this is a major problem, and why the rates of child brides are especially high within each country. Third, we will consider …

Campus Sexual Misconduct Due Process Protections, Christina Kirkpatrick

Channels: Where Disciplines Meet

This paper explores the present state of institutional discipline regarding sexual assaults on campus and the impact of the April 4, 2011 “Dear Colleague Letter” (DCL) issued by the Office for Civil Rights of the Department of Education on this problem. The paper then discusses the applicable Title IX standards and the procedural due process rights for the accused in campus sexual assault cases. The paper explores colleges’ responses to the DCL and means for redress for the accused under Title IX. The author argues that the DCL improperly incentivizes colleges to convict the accused, and suggests that cases of …

New Start From Old Beginnings?, Michaela Ruhlmann

History Capstone Research Papers

This paper examines the extent of which START I and New START achieved effective balance of power between the United States and Russia. It addresses the purpose, agreements and the impact of START I and New Start on the effectiveness in accomplishing global balance of power. This paper argues that while the original START I accomplished a global balance of power by equalizing reduction of nuclear arsenals in both countries, but that New START did not accomplish a long-term global balance of power. To best demonstrate this, “New START from Old Beginnings?” covers START I’s historical context, examine its actual …

Central Government And Secession, Tyler Zuch

Political Science Capstone Research Papers

Governments and countries throughout history have risen and fallen while some have carried on through the years. However, some countries look very different from when they existed in previous times. Rulers and leaders have utilized many responses to rebellions and secessionist movements. These responses range from bloody and/or political repression, devolution, simply declaring secession unconstitutional or illegal, economic concessions/incentives, or even simply ignoring the problem. There is not only the debate as to what is the best way to put down a rebellion or secessionist movement, but also what is the right/moral response that the government should do to keep …

Ohio Athletic Trainer's Reactions To New Ohio Concussion Legislation, Alexander K. Heaton

The Research and Scholarship Symposium (2013-2019)

This research examines the effects that concussion legislation has had on how Certified Athletic Trainers practice medicine in the state of Ohio. In the spring of 2009, the state of Washington passed a bill that would change how concussions are handled in youth sports. According to the legislation, all athletes who display any signs and symptoms of a concussion are to be removed immediately from play and are not able to return to play until cleared by a licensed professional health care provider. Since then, concussion legislation of some form has been passed in every state, with Ohio passing its …

Forced Sterilization Of Individuals With Developmental Disabilities: Protection Or Dehumanization?, Kelly J. Schaffter

The Research and Scholarship Symposium (2013-2019)

The civil rights of individuals with development disabilities have been a great challenge to protect throughout the United States’ history. The United States has not held the protection of this population’s civil rights with proper priority. The country’s actions towards the population of individuals with development disabilities carried into the 20th century, when individuals with mental disabilities were involuntarily sterilized in the name of eugenics. Currently, the goal of the sterilization of this population is for their protection, yet forced sterilization continues to be a questionable practice in regards to ethics. In this paper, I will claim that the forced …

Misperceptions And Challenges With Immigrant Kids: Taking A Closer Look At The Border Crisis, Barbara L. Loach

English, Literature, and Modern Languages Faculty Publications

Why are so many unaccompanied Mexican and Central American children showing up in the United States? What should be done about them? In this guest column by Cedarville University professor Barbara Loach, she argues that this crisis shows illegal immigration is not a domestic issue, but rather is an international issue that must be addressed by cooperation of all nations involved.

Restorative Justice In Post-Conflict Areas, Nancy Montgomery, Hillary Hook, Hilary Murphy

The Research and Scholarship Symposium (2013-2019)

This presentation sought to review the literature in regards to understanding international restorative justice efforts in conflict prone areas. After outlining a definition of restorative justice we explored its implementation in three different countries. First, we examined the historic precedence of indigenous sentencing courts in Australia. Second, we looked at current measures in Northern Ireland and their effectiveness. Third, we offered a predictive outline for the potential work in South Sudan. These case studies showed the past, present and future of restorative justice. With this knowledge we hoped that people would better understand the efficacy of restorative justice and recognize …

Is Fractional Reserve Banking Necessarily Immoral?, Ryan T. Beach, Jeffrey E. Haymond

The Research and Scholarship Symposium (2013-2019)

When Deposits are made to a bank, the bank can loan out most of it, while claiming they have the money to pay you back. When you deposit money in a bank, only a fraction of it stays on deposit; the rest is loaned out. When the person receives the loan spends it, money goes to another bank, repeating the process. Ultimately, if the central bank puts $100 of reserves into the FRB system, $1000 of money could enter the economy.

The More Things Change: An Analysis Of Recent Fourth Amendment Jurisprudence, Robert Vaughn

History and Government Faculty Publications

Perhaps no Constitutional amendment gets tried and tested more than the Fourth Amendment. Each year, thousands of criminal defendants bring legal challenges to the proceedings against them rooted in claimed Fourth Amendment violations. Changing technology and its use fuels a large part of this as new technology intersects with individual privacy in new ways. An oft heard argument in Fourth Amendment jurisprudence is that the Fourth Amendment must change in order to keep up with the progress of time and societal change. Through an analysis of recent case law examining Fourth Amendment protections and technology, this article concludes that the …

What Are The Key Competencies, Qualities, And Attributes Of The African American Municipal Police Chief?, Patrick Oliver

Faculty Dissertations

The purpose of this dissertation was to identify and understand the dimensions of leadership of those African Americans, who are effective as the chief executive officer (CEO) of a municipal law enforcement agency, and thereby to educate and inform both those aspiring to be police chiefs and those presently serving as police chiefs, particularly African Americans. Four content areas were examined to gain a better understanding of the research question: (1) Police executive leadership literature; (2) African American leadership; (3) The trait theory of leadership; (4) emotional intelligence. Study participants were all African American police chiefs with the expertise and …

The Impact Of Pro-Life Education On Abortion Attitude Among College Students In Nepal, Maya Shrestha

Master of Science in Nursing Theses

Since the legalization of abortion in Nepal in 2002, the number of induced abortions has increased. Various national and international organizations have been giving greater attention and effort to enhancing the public’s knowledge on legal abortion. However, little research on pro-life education and its impact on abortion attitude have been conducted in Nepal and around the world at large. The purpose of this research was to explore the impact of pro-life education on abortion attitude among college students in Nepal.

This one group pretest posttest study was based on the cognitive dissonance theory (CDT) which postulates that education brings attitude …

Jewerl Maxwell Announces Book Publication, Andrea Speros

News Releases

Jewerl Maxwell, Ph.D., associate dean of the center for lifelong learning and assistant professor of political science at Cedarville University, co-authored “Tough Times for the President: Political Adversity and the Sources of Executive Power” with professor, author and presidency scholar Ryan J. Barilleaux.

Counting The Cost, Marc A. Clauson

History and Government Faculty Publications

No abstract provided.

Clergy Tax Rules Extend Beyond Churches, Paul G. Schloemer

Business Administration Faculty Publications

• Whether an individual qualifies as a minister for tax purposes is determined based on who employs the individual and the duties the individual performs. An individual does not have to work for a church or denomination to be considered a minister but must perform the duties of a minister as specified in the regulations to be treated as a minister.
• Ministers are subject to special tax rules, including eligibility for a tax-free parsonage or housing allowance, being treated as self-employed for Social Security tax purposes, and being exempt from federal income tax withholding.
• If an employee provides the minister a …

Campaign 2008: The Critical Issues, Kevin F. Sims

History and Government Faculty Publications

No abstract provided.

The Christian At War, Marc A. Clauson

History and Government Faculty Publications

No abstract provided.

From George To George: Path To The Presidency, Thomas S. Mach

History and Government Faculty Publications

No abstract provided.