Digital Commons Network^™

The Impact Of Adverse Childhood Experiences, Ingrid Weiss Slikkers, Erick Pena

Faculty Publications

It was in the late 1990’s that the original Adverse Childhood Experiences (ACEs- https:// www.cdc.gov/violenceprevention/aces/index.html) study through CDC-Kaiser Permanente was done. This groundbreaking research opened the door to the reality that childhood and household challenges, including but not limited to abuse, neglect and even divorce, can dramatically impact a person’s health and well-being throughout life. Much work has been done since 1997 to further study and subsequently reduce ACEs’ impact, but the sad truth is that although much effort has been put forth to combat adverse experiences, ACEs are still very prevalent today and even our own congregations are touched. …

Does Tax Matter? Evidence On Executive Compensation After 162(M)'S Repeal, Andrew Lund, Brian Galle, Gregg D. Polsky

Faculty Publications

No abstract provided.

Difficulty Of Care: Alligning Tax And Health Care Policy For Family Caregiving, Christine S. Speidel

Faculty Publications

In the United States millions of people live with disabilities, many of whom require assistance with activities of daily life to remain in their homes and communities. However, financial support for this assistance is limited. Many caregivers forgo working outside the home in order to provide care to a family member. And while state and federal programs provide some compensation for caregiving, caregivers frequently face problems including poverty, lack of health insurance, lack of Social Security and Medicare credits, and lack of retirement savings. Our nation’s paltry support for caregiving threatens the practical ability of people with disabilities to choose …

Shaping Your Child's Worldview Through A Loving Relationship, S. Joseph Kidder, Katelyn Campbell Weakley

Faculty Publications

No abstract provided.

The Corn Parade: Orr Fisher's Wacky Wpa Mural, Roy R. Behrens

Faculty Publications

No abstract provided.

The 7 Habits Of Highly Effective Families By Stephen Covey, Trevor O'Reggio

Faculty Publications

No abstract provided.

Birth Reboot: Grace, Gratefulness, And New Beginnings, Gerald A. Klingbeil

Faculty Publications

No abstract provided.

Open Data From The First And Second Observing Runs Of Advanced Ligo And Advanced Virgo, Ligo Scientific Collaboration, Virgo Collaboration, Tiffany Z. Summerscales

Faculty Publications

Advanced LIGO and Advanced Virgo are monitoring the sky and collecting gravitational-wave strain data with sufficient sensitivity to detect signals routinely. In this paper we describe the data recorded by these instruments during their first and second observing runs. The main data products are gravitational-wave strain time series sampled at 16384 Hz. The datasets that include this strain measurement can be freely accessed through the Gravitational Wave Open Science Center at http://gw-openscience.org, together with data-quality information essential for the analysis of LIGO and Virgo data, documentation, tutorials, and supporting software.

Design And Catastrophe: 51 Scientists Explore Evidence In Nature, Gordon J. Atkins

Faculty Publications

Review of

L. James Gibson, Ronny Nalin, and Humberto M. Rasi, eds. Design and Catastrophe: 51 Scientists Explore Evidence in Nature (Berrien Springs, Mich.: Andrews University Press, 2021). ISBN: 9781940980305 (Print). 240 pages (Hardback), US$24.99.

Preliminary Report On The 2018 Season Of Excavations At Khirbat As-Safrā, Paul Z. Gregor, Constance E. Gane, Trisha Broy, Jacob A. Moody

Faculty Publications

No abstract provided.

Building A Culture Of Trust: An Imperative For Effective School Leadership, Rodney A. Palmer

Faculty Publications

No abstract provided.

Being Needed, Cared For, And Present: Belonging And Disability In The Seventh-Day Adventist Church In North America, Shannon M. Trecartin, Mikelle Wile, Terrance P. Trecartin, Petr Činčala

Faculty Publications

Many Christian churches seek to be places of belonging, yet present barriers to inclusion. The present research focuses on disability and belonging in members of the Seventh-day Adventist (SDA) Church in North America. Data from the SDA Global Church Survey (2017–2018) were used to measure attendance, perceived care, and sense of being needed. Results: Differences in attendance, leadership, and “feeling cared for” were observed. The findings of this study suggest that the SDA Church has had both successes and room for growth in terms of creating opportunities for belonging among people with disabilities. Implications for other denominations are also discussed.

The Year Of Hope, Andrea Luxton

Faculty Publications

No abstract provided.

Seventh-Day Adventists And Abolitionist Petitions, Kevin M. Burton

Faculty Publications

No abstract provided.

The Covid-19 Vaccine Race: Intellectual Property, Collaoration(S), Nationalism And Misinformation, Ana Santos Rutschman

Faculty Publications

The COVID-19 pandemic has brought a national and global vaccine race. This Article examines the race with respect to contemporary frameworks for biopharmaceutical research and development. Specifically, this Article focuses on the effect of patents, pre-production agreements, public-private partnerships, and vaccine misinformation. This Article analyzes lessons learned from the COVID-19 pandemic, advocates for promoting vaccine affordability and equity, and suggests modifications to existing preparedness frameworks to prepare for upcoming outbreaks of infectious disease.

Power Sector Carbon Reduction: An Evaluation Of Policies For North, Kate Konschnik, Martin Ross, Jonas J. Monast, Jennifer Weiss, Gennelle Wilson

Faculty Publications

The North Carolina power sector is poised for transition. Economics have driven big changes on the grid, making cleaner options for electricity generation cost competitive with traditional resources. North Carolina clean energy policies have further enabled the shift into renewable resources. Building on this momentum, Duke Energy Corporation and our state’s rural electric cooperatives have set ambitious climate goals, including “net zero” carbon emissions by 2050.

Well-designed policies can accelerate pollution reduction, make change more affordable for state residents and business, and stimulate job growth. For this reason, the North Carolina Clean Energy Plan (CEP)—developed pursuant to Governor Cooper’s Executive …

Risky Education, Osamudia James

Faculty Publications

No abstract provided.

The Political Economy Of Pandemic Pods, Osamudia James

Faculty Publications

No abstract provided.

Leadership... From A To Z, Anne Klinefelter

Faculty Publications

No abstract provided.

When Therapy Goes Public: Copyright Gatekeepers And Sharing Therapeutic Artifacts On Social Media, Amanda Reid, Pablo Miño

Faculty Publications

No abstract provided.

An Auditing Imperative For Automated Hiring, Ifeoma Ajunwa

Faculty Publications

The goal of this Article is neither to argue against or for the use of automated decision-making in employment, nor is it to examine whether automated hiring systems are better than humans at making hiring decisions. For antidiscrimination law, the efficacy of any particular hiring system is a secondary concern to ensuring that any such system does not unlawfully discriminate against protected categories. Therefore, the aim is to suggest collaborative regulatory regimes for automated hiring systems that will ensure that any benefits of automated hiring are not negated by (un)intended outcomes, such as unlawful discrimination on the basis of protected …

The Fantasy Of The Unchaste Mentality, Tara N. Summerville, Kevin Bennardo

Faculty Publications

For the past forty years, North Carolina’s rape-shield legislation has served as a laboratory of experimentation. Like the rape-shield legislation of every state, it generally prevents the admission of complaining witnesses’ past sexual history in sexual assault prosecutions. However, North Carolina’s rape-shield rule contains a unique exception not found elsewhere in the country. The exception, which we label the “fantasy exception,” permits the admission of a complaining witness’s past sexual behavior when it is offered as the basis of expert psychological or psychiatric opinion that the complainant fantasized or invented the charged assault.

This Article is the first to rigorously …

Diversity From The Perspective Of Corporate Boards And Lawyer Disciplinary Boards, Lissa L. Broome, John M. Conley

Faculty Publications

This Article addresses the organizing question of this symposium—whether diversifying state medical boards (SMBs) would improve their effectiveness in disciplining doctors—by drawing on the comparable experiences of corporate boards of directors and lawyer disciplinary boards. Reexamining our own qualitative study of corporate board diversity conducted several years ago, we find that almost of all of the arguments for board diversity raised in the business literature or our own interviews also tend to support diversity on SMBs. Reviewing the legal profession’s experience with the diversity question on lawyer disciplinary boards, we find that many of these arguments have also been recognized, …

Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, John F. Coyle, Robin J. Effron

Faculty Publications

Who is bound by a forum selection clause? At first glance, the answer to this question may seem obvious. It is black letter law that a person cannot be bound to an agreement without her consent. In recent years, however, courts have not followed this rule with respect to forum selection clauses. Instead, they routinely enforce these clauses against individuals who never signed the contract containing the clause. Courts justify this practice on the grounds that it promotes litigation efficiency by bringing all of the litigants together in the chosen forum. There are, however, problems with enforcing forum selection clauses …

Cruise Contracts, Public Policy, And Foreign Forum Selection Clauses, John F. Coyle

Faculty Publications

A cruise ship contract is the prototypical contract of adhesion. The passenger is presented with the contract on a take-it-or-leave-it basis. If she refuses to sign, the ship sails without her. To ensure that cruise companies do not draft one-sided contracts that are unfair to passengers, Congress has enacted a number of statutes that regulate these agreements. One such statute is 46 U.S.C. § 30509. This law stipulates that any contract provision that limits the liability of the cruise company for personal injury or death is void as against public policy if the ship stops at a U.S. port.

In …

Enforcing Outbound Forum Selection Clauses In State Court, John F. Coyle, Katherine Richardson

Faculty Publications

Forum selection clauses are a staple of modern business law. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of empirical information about enforcement practice at the state level. Are there any states that refuse to enforce them? How frequently are they enforced? Under what circumstances, if any, will these clauses be deemed unenforceable? The existing literature provides few answers to these questions.

This Article aims to fill that gap. …

The Sovereign Shield, Kate Sablosky Elengold, Jonathan D. Glater

Faculty Publications

As the federal government has come to rely increasingly on private companies to perform government functions, more businesses are testing the power of the resulting contractual relationships to shield themselves from liability, regulation, and oversight. Such nongovernmental entities seek the benefit of what we call the federal government’s sovereign shield by exploiting three doctrines: preemption, derivative sovereign immunity, and intergovernmental immunity. Because these contractors provide services supporting every conceivable government action, allowing them to act with impunity puts citizens at risk across myriad aspects of their lives.

This Article untangles the doctrines that extend the sovereign shield to private actors …

The End Of School Policing, Barbara A. Fedders

Faculty Publications

Police officers have become permanent fixtures in public schools. The sharp increase in the number of school police officers over the last twenty years has generated a substantial body of critical legal scholarship. Critics question whether police make students safer. They argue that any safety benefits must be weighed against the significant role the police play in perpetuating a school-to-prison pipeline that funnels Black and Brown students and students with disabilities out of schools and into courts, jails, and prisons. In suggesting remedies for this problem, commentators have proposed several regulatory fixes. These include changes to the standards for evaluating …

Corporate And Securities Law Impact On Social Responsibility And Corporate Purpose, Thomas Lee Hazen

Faculty Publications

The role of social responsibility in corporate governance has been the subject of debate for nearly ninety years. That debate has been reframed over the decades. Several recent events have resulted in increased focus on corporate so-cial responsibility, especially with respect to publicly held corporations. This Ar-ticle explores the law’s two different paths for impacting social responsibility. The current iteration of the corporate responsibility movement has implications for both state law chartering of corporations and federal securities regulation. This Article analyzes the ways in which stated purpose clauses in a corporation’s articles of incorporation may be useful in addressing social …

No Amendment? No Problem: Judges, "Informal Amendment," And The Evolution Of Constitutional Meaning In The Federal Democracies Of Australia, Canada, India, And The United States, John V. Orth, John Gava, Arvind P. Bhanu, Paul T. Babie

Faculty Publications

This article considers the way in which judges play a significant role in developing the meaning of a constitution through the exercise of interpretive choices that have the effect of “informally amending” the text. We demonstrate this by examining four written federal democratic constitutions: those of the United States, the first written federal democratic constitution; India, the federal constitution of the largest democracy on earth; and the constitutions of Canada and Australia, both federal and democratic, but emerging from the English unwritten tradition. We divide our consideration of these constitutions into two ideal types, identified by Bruce Ackerman: the “revolutionary” …