Digital Commons Network^™

How To Help Your Community Recover From Disaster: A Manual For Planning And Action, Judah J. Viola,, Society For Community Research & Action Task Force For Disaster, Community Readiness, And Recovery

Faculty Publications

No abstract provided.

A Communion That Is Holy: A Gospel Economy, Dirk G. Lange

Faculty Publications

The sacrament of Holy Communion trains us in a gospel economy. Receiving from God, we are taught to give. Freed from an obsessive attraction to temporal things, but also from a pious repulsion of them, we are drawn into a holy communion with God, neighbor, and material goods.

A Butterfly Effect: The Impact Of Marriage And Family Therapy Training On Students' Spouses, Carla M. Dahl, Mary L. Jensen, Jane L. Mccampbell

Faculty Publications

This qualitative study examines the impact of mar- riage and family therapy (MFT) training on the

marriages of trainees. Analysis of data from 18 spouses of alumni from a training program in an evangelical Protestant seminary found participants reporting mostly negative impacts related to time and finances, both negative and positive impacts related to role changes and adjustments, and mostly positive impacts related to marital communication. The additional contribution of this study has to do with the report of an overwhelmingly positive impact of systemic, integrative MFT training on the student’s faith as observed by their spouse and on the …

An Empirical Assessment Of The Potential For Will Substitutes To Improve State Intestacy Statutes, Mary Fellows, E. Gary Spitko, Charles Strohm

Faculty Publications

This Article uses an empirical study to test whether, in the absence of a will, beneficiary designations in will substitutes provide reliable evidence for approximating decedents' donative intent in an intestacy statute. No previous scholarship has explored the relationship between will-substitute beneficiary designations and intestacy statutes. We set out to investigate public attitudes about will substitutes and determine if the public prefers current law, which ignores will substitutes when determining the disposition of a decedent's property passing by intestate succession, or a statutory pattern that takes into account beneficiary designations found in a decedent's will substitutes. We are mindful that …

Pizza-Box Contracts: True Tales Of Consumer Contracting Culture, Amy J. Schmitz

Faculty Publications

Do you ask for contract or purchase terms prior to completing your everyday purchases? Do you first read the pizza box before paying the pizza delivery guy or gal? Typical consumers do not ask for or read their contracts prepurchase, and companies have become accustomed to burying purchase terms in product packaging or Internet links. These postpurchase, rolling, or “pizza-box” contracts have therefore become the norm in the consumer marketplace, and courts generally enforce them as legitimate contracts. This Article discusses varying theoretical perspectives on enforcement of these pizza-box contracts, and explores the available empirical data bearing on the legitimacy …

Accountability And Inaction: Ngos And Resource Lodging In Development, Matthew Harsh, Paul Mbatia, Wesley Shrum

Faculty Publications

From the late 1980s, research on NGOs had a normative focus and was vulnerable to changing donor preoccupations. This article contributes a new conceptual approach, analysing the practices through which relationships and resources are translated into programmes and projects. The theoretical justification for this move combines the new ethnography of development practice with a re-agency approach to transactions across time and space. The study is based on data including thirty hours of video ethnography involving interviews and field visits with Kenyan NGOs in a variety of sectors. The analysis focuses on the problem of accountability that emerged through the interactions …

Pastoral Care For Saints And Sinners, H. Peter Swanson

Faculty Publications

An examination of the role of the Seventh-day Adventist church in the provision of pastoral care to individuals with gender-identity confusion; same-sex attraction; histories of same-gender sexual activity; active homosexual or bisexual lifestyles; and those with transgender or intersex issues.

The discussion references pastors' personal attitudes and professional responsibilities; the congregational context; the influence of biblical interpretations, theological perspectives, philosophical considerations, and sociological forces upon pastors' and parishioners' understanding; and the variability of life experiences of individuals who do not describe themselves as heterosexual.

The Restrictive Ethos In Civil Procedure, A. Benjamin Spencer

Faculty Publications

Those of us who study civil procedure are familiar with the notion that federal civil procedure under the 1938 Rules was generally characterized by a "liberal ethos," meaning that it was originally designed to promote open access to the courts and to facilitate a resolution of disputes on the merits. Most of us are also aware of the fact that the reality of procedure is not always access-promoting or fixated on merits- based resolutions as a priority. Indeed, I would say that a "restrictive ethos" prevails in procedure today, with many rules being developed, interpreted, and applied in a manner …

The Geography Of Undocumented Mexican Migration, Douglas S. Massey, Jacob S. Rugh, Karen A. Pren

Faculty Publications

Using data from Mexico’s Matrícula Consular program, we analyze the geographic organization of undocumented Mexican migration to the United States. We show that emigration has moved beyond its historical origins in west-central Mexico into the central region and, to a lesser extent, the southeast and border regions. In the United States, traditional gateways continue to dominate, but a variety of new destinations have emerged. California, in particular, has lost its overwhelming dominance. Although the geographic structure of Mexico-U.S. migration is relatively stable, it has nonetheless continued to evolve and change over time.

Imagining A Better World: Service-Learning As Benefit To Teacher Education, Virginia M. Jagla, Antonina Lukenchuk, Todd A. Price Dr.

Faculty Publications

This study intends to broaden the conception of service-learning and to expand on its models, epistemological positions, and exemplars. Our intentions are to develop a substantive analysis of service-learning in its current theoretical development and to diversify service-learning pedagogical repertoire for teacher education candidates in graduate education programs. As university faculty, who embed service-learning components in various education courses, we are concerned with the manner in which higher education institutions manage their practices—primarily according to narrowly conceived technical and prescriptive models, thereby restricting multiple ways of knowing, teaching and learning. We demonstrate how service-learning can develop new forms of knowledge …

Experiencing The Spirit: The Magnificat, Luther, And Feminists, Lois E. Malcolm

Faculty Publications

No abstract provided.

The First 100 Days Stormfront Responds To Obama’S Presidency [Abstract], Dianne Dentice, James L. Williams

Faculty Publications

No abstract provided.

The Structure And Content Of Online Child Exploitation Networks, Richard Frank, Bryce Westlake, Martin Bouchard

Faculty Publications

The emergence of the Internet has provided people with the ability to find and communicate with others of common interests. Unfortunately, those involved in the practices of child exploitation have also received the same benefits. Although law enforcement continues its efforts to shut down websites dedicated to child exploitation, the problem remains uncurbed. Despite this, law enforcement has yet to examine these websites as a network and determine their structure, stability and susceptibleness to attack. We extract the structure and features of four online child exploitation networks using a custom-written webpage crawler. Social network analysis is then applied with the …

The Role Of Social Enterprise, Robert A. Katz, Antony Page

Faculty Publications

A social enterprise operates a business in a manner intended to increase social welfare more than conventional businesses in the same sector. This notion of “social enterprise” was pioneered by nonprofit organizations seeking to advance their charitable missions through revenue-generating commercial activity, instead of relying on charitable donations. With increasing frequency the term is applied to for-profit business ventures whose founders seek to both address social problems while also generating acceptable returns for owner-investors. The article examines the notion of for-profit social enterprise, and explains how such entities may better achieve social goals than nonprofits engaged in revenue-generating commercial activity, …

Foreword: Somebody’S Watching Me: Surveillance And Privacy In An Age Of National Insecurity, Robert N. Strassfeld, Cheryl Ough

Faculty Publications

Forward to the Institute for Global Security Law and Policy at Case Western Reserve University symposium Somebody's Watching Me: Surveillance and Privacy in an Age of National Insecurity, Cleveland, OH, October 22-23, 2009

White-Tailed Deer Antler Research: A Response To Demarais And Strickland, Ben Koerth, James Kroll

Faculty Publications

Demarais and Strickland presented several questions about the scope and validity of conclusions regarding predictability of mature antler size based on yearling antler size and produced a simulation model reported to demonstrate measurement bias in our 2008 study. We believe our conclusions were appropriate with our research hypothesis and demonstrated the assumed differential selection bias by hunters used in Demarais and Strickland was unwarranted. Demarais and Strickland provided no metadata to document the provenance of data used in their model and did not account for location, year, cohort, nutrition of research animals, or loss of individuals from their sample population …

Homophobia, Heterosexism, And Ambivalence In The Premier Issue Of Sports Illustrated Woman/Sport, Lisa M. Weidman

Faculty Publications

The arrival of a magazine dedicated solely to the world of women's sports was an exciting prospect for fans and proponents of women's sports. But the first issue of Sports Illustrated Women/Sport disappointed many who considered it did not put women's sports in the best possible light, who were worried and disappointed that its editors did not print the best stories or even focus on the most deserving athletes. Lisa Weidman decided to investigate further, using feminist theory and prior research findings to better understand the magazine's messages. Through a critical analysis of the magazine's editorial content - at the …

The All-American Girls Professional Baseball League (Aagpbl): A Review Of Literature And Its Reflection Of Gender Issues, Laura J. Kenow

Faculty Publications

The All-American Girls Professional Baseball League (AAGPBL) was the first, and to date, the only women’s professional baseball league in United States history. Yet many people are unaware of the league’s existence. The purposes of this paper are to (1) review the historical and research literature on the AAGPBL, (2) examine the reflections on gender issues within this literature, and (3) discuss how these issues contributed to the success and failure of the AAGPBL. The published historical documentation and archived artifacts of the AAGPBL are quite thorough; however, research on the league is limited. Gender issues, such as the female …

Introduction: Thoughts And Ideas On The Intersectionality Of Identity, Theodorea Berry, Michelle Jay, Marvin Lynn

Faculty Publications

An introduction to the journal is presented which the editor discusses an article on critical race feminism by Venus E. Evans-Winters and Jennifer Esposito, a report on critical race theory and critical pedagogy and a review of literature on the educational experiences of Latinas and Latinos in the U.S.

Toward A More Unified Libertarian Left, William T. Armaline, D Shannon

Faculty Publications

No abstract provided.

Kernel Density Estimation Of Tropical Cyclone Frequencies In The North Atlantic Basin, Robert Rohli

Faculty Publications

No abstract provided.

What Travels: Teaching Gender In Cross Cultural Negotiation Classrooms, Andrea K. Schneider, Sandra Cheldelin, Deborah Kolb

Faculty Publications

No abstract provided.

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight

Faculty Publications

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources.This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication that …

Building Entrepreneurship In Subsistence Markets: Microfranchising As An Employment Incubator, Lisa Jones Christensen, Helen Parsons, Jason Fairbourne

Faculty Publications

Scholars indicate significant interest in business models that support entrepreneurial behavior in developing markets [Wankel C., editor. Alleviating Poverty through Business Strategy. New York: Palgrave Macmillan 2008]—particularly as they relate to job creation. This research introduces microfranchising as a business model adaptation that helps low-income individuals overcome non credit-related barriers to entry in obtaining employment. This study reveals a clear challenge for researchers—to better understand microfranchising and the extent to which the practice creates employment and enables individual business success. Largely unanswered questions concern the profiles of typical microfranchisees as well as the impacts of microfranchising on low-income individuals in …

The Boys Like Action And The Girls Like Emotion, Timothy Lintner

Faculty Publications

No abstract provided.

A Student's Guide To Strengthening An Online Learning Community, Richard E. West

Faculty Publications

Students usually have plenty of experience with online social technologies, but they lack understanding about how to use these tools and methods for course learning. This article is designed to help college students who are anxious about participating in an online learning community or do not know how to build one effectively. With ideas derived from research and practice, this guide has been written to inform online students about learning communities, the benefits they offer, and how students can assist in building a successful online community.

The Civil Case At The Heart Of Criminal Procedure: In Re Winship, Stigma, And The Civil-Criminal Distinction, W. David Ball

Faculty Publications

In criminal cases, any fact which increases the maximum punishment must be found by a jury beyond a reasonable doubt. This rule, which comes from Apprendi v. New Jersey, looks to what facts do, not what they are called; in Justice Scalia’s memorable turn of phrase, it applies whether the legislature has labeled operant facts “elements, enhancements, or Mary Jane.” Civil statutes, however, can expose an individual to the same or greater deprivation of liberty on identical facts without needing to meet the beyond a reasonable doubt standard of proof. If Apprendi is, indeed, functional, why is it limited to …

Improving Teacher's Self Confidence In Learning Technology Skills And Math Education Through Professional Development, Taralynn Hartsell, Sherry S. Herron, Houbin Lewis Fang, Avinash Rathod

Faculty Publications

Using technology tools in math instruction can help stimulate problem-solving skills and understanding of math concepts. However, teachers need to be confident in their abilities to use technology tools. This study investigated whether or not a four-week in-service professional development institute that addressed the use of technology in math education helped improved the teachers’ attitude and confidence in applying technology. Findings indicated that as the teachers explored and used the available technology tools relevant to math instruction during the institute, the more proactive and motivated they became to continue their professional development in using technology for classroom instruction. They realized …

The Excitement Of Interdictory Ideas: A Response To Professor Anders Walker, Marc O. Degirolami

Faculty Publications

The very first time that I taught criminal law, I would occasionally tell my six-year-old son, Thomas, about selected cases and situations that I had come across. Thomas enjoyed these discussions—more than I would have guessed: he was captivated by the horror of Dudley & Stephens, he was uncomfortably intrigued by shaming punishments, he was appropriately outraged at all manner of outcomes that seemed to him too harsh or too lenient. But most of all, he wanted to test his own burgeoning intuitions about right and wrong, good and evil, the permitted and the forbidden, against my "criminal law stories." …

Laïcité In Comparative Perspective (Conference): Foreword, Mark L. Movsesian

Faculty Publications

On June 11, 2010, the Center for Law and Religion at St. John's University School of Law held its inaugural event, an academic conference at the University's Paris campus. "Laïcité in Comparative Perspective" brought together scholars from the United States and Europe to explore the French concept of laïcité and compare it with models of church-state relations in other countries, particularly the United States. Participants included Douglas Laycock (University of Virginia), who offered the Conference Introduction; Nathalie Caron (Université Paris-Est Créteil); Blandine Chelini-Pont (Université Paul Cézanne Aix-Marseille); Nina Crimm (St. John's University); Marc DeGirolami (St. John's University); Javier Martínez-Torrón Universidad …