Digital Commons Network^™

Regional Governance Reconsidered, Janice C. Griffith

Suffolk University Law School Faculty Works

The global economy’s regional scale of operation, social equity concerns, and environmental degradation that transcends local governmental boundary lines propel an examination of whether twenty-first century conditions call for the creation of regional governmental structures in the United States. This article argues that the need to spur economic competitiveness and metropolitan-wide planning and growth management will impel the formation of new regional governance structures. Forging stronger connections between central cities and surrounding suburban strongholds, however, will not be easy. The article discusses the many barriers that prevent fragmented local governments from reaping the benefits of regional cooperation, including localism, state …

Work-Related Musculoskeletal Disorders: Guide And Tools For Modified Work, Susan Stock, Raymond Baril, Colette Dion-Hubert, Claire Lapointe, Sonia Paquette, Josée Sauvage, Serge Simoneau, Claude Vaillancourt

Guides

No abstract provided.

The Rise And Fall Of Ec Comics, 1950-1956: Cold War Or Cultural War Casualty?, Francis Di Menno

Open Access Master's Theses

This thesis chronicles the rise and fall of the EC (Entertaining Comics) group in the period 1950-1956. Its purpose is to determine, through a study of primary and secondary sources, to what extent the 1954 congressional inquiries concerning the harmful effects of comic books were the culmination of a series of personal and political vendettas against EC's publisher William Gaines, and to what extent these inquiries were part of a broad-based cultural crusade in which a perceived slippage of cultural values was counteracted by an imposition of regulatory strictures.

To illustrate this argument, this study also chronicles relevant aspects of …

Lintel Inscription: Tall Hisban, Field M, Square 5, 2001, Keith Mattingly, Theodore W. Burgh

Andrews University Seminary Studies (AUSS)

No abstract provided.

The Long And Winding Mode(S), Ivan Davis

Faculty Publications

No abstract provided.

Is Adventist Theology Compatible With Evolutionary Theory?, Fernando Canale

Perspective Digest

No abstract provided.

Mission: A Man With A Vision: A Festchrift Honoring Russell L. Staples, Rudi Maier

Books

Dr. Staples is a multi-talented and broadly experienced person. He operates as a pastor and preacher, churchman and administrator, scholar and teacher, theologian and missiologist, and specialist in Arminianism and Methodism. As seen by his colleagues, he is a person of wisdom and knowledge, balance and moderation, compassion and justice, integrity and forthrightness, clarity and articulateness, strength and even-temperedness, discipline and motivation, order and ease, commitment and spirituality, denominational conviction and ecumenical understanding, graciousness and urbanity, class and commonness. His depth and spirituality have deepened and broadened the faith of his peers, pupils, and parishioners.

Contributors to this Festschrift are …

"Our Struggle": Ecclesia Militans In Ephesians 6:10-20, John K. Mcvay

Andrews University Seminary Studies (AUSS)

No abstract provided.

Marriage In The Ten Commandments, Trevor O'Reggio

Faculty Publications

No abstract provided.

Predicting Leadership And Performance In Uniformed Organisations Using The Five Factor Model Of Personality, Christopher John James Allender

School of Psychology Theses

Selection has been primarily focussed on the use of ability and aptitude measures as they have been shown to predict job performance in uniformed organisations. Personality assessment has largely been ignored as a possible contributor to improving predictions of performance. The emergence of the Five Factor Model as a framework for personality research, together with the development of the Trait Self Description Inventory (TSDI), has provided the opportunity to investigate how personality assessment might improve upon existing selection methods to predict performance in training. It was found that existing criterion measures did not fully reflect the core aims of the …

When God Speaks Cross-Culturally: The Bible As Mission, Paul B. Petersen

Journal of Adventist Mission Studies

No abstract provided.

Generation Of Secondary Internal Waves By The Interaction Of An Internal Solitary Wave With An Underwater Bank, Vasiliy Vlasenko, Werner Alpers

School of Biological and Marine Sciences

No abstract provided.

Living Wages And The Retention Of Homecare Workers In San Francisco, Candace Howes

Economics Faculty Publications

This study records the impact on workforce retention of the nearly doubling of wages for homecare workers in San Francisco County over a 52-month period. Using descriptive statistics and logistic regression analysis I find that the annual retention rate of new providers rose from 39 percent to 74 percent following significant wage and benefit increases and that a $1 increase in the wage rate from $8 an hour – the national average wage for homecare – would increase retention by 17 percentage points. I also show that adding health insurance increases the retention rate by 21 percentage points.

Complexity Theory, Adaptation, And Administrative Law, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Rediscovering Vulgar Charity: A Historical Analysis Of America's Tangled Nonprofit Law, Thomas A. Kelley Iii

Faculty Publications

No abstract provided.

Constitutional Law As Political Spoils, William P. Marshall

Faculty Publications

No abstract provided.

A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller

Faculty Publications

No abstract provided.

"The Race To The Bottom": Competition In The Law Of Property, John V. Orth

Faculty Publications

No abstract provided.

Installed Base Opportunism And The Scope Of Intellectual Property Rights In Software Products, Andrew Chin

Faculty Publications

No abstract provided.

Tax Law Uncertainty And The Role Of Tax Insurance, Kyle D. Logue

Articles

In the broadest sense, this is an article about legal or regulatory uncertainty and the role that private and public insurance can play in managing it. More narrowly, the article is about tax law enforcement and the familiar if ill-defined distinctions between tax evasion, tax avoidance, and abusive tax avoidance. Most specifically, the article is about a new type of tax risk insurance policy, sometimes called tax indemnity insurance or transactional tax risk insurance that provides coverage against the risk that the Internal Revenue Service (Service) will disallow a taxpayer-insured's tax treatment of a particular transaction. The question is whether …

The Pitfalls Of International Integration: A Comment On The Bush Proposal And Its Aftermath, Reuven S. Avi-Yonah

Articles

In January 2003, the Bush Administration proposed a new system for taxing corporate dividends, under which domestic shareholders in U.S. corporations would not be taxed on dividends they received, provided the corporation distributed these dividends out of after-tax earnings (the “Bush Proposal”). The Bush Proposal was introduced in Congress on February 27, 2003. Ultimately, however, Congress balked at enacting full-?edged dividend exemption. Instead, in the Jobs and Growth Tax Relief Reconciliation Act of 2003 (“JGTRRA”) as enacted on May 28, 2003, a lower rate of 15% was adopted for dividends paid by domestic and certain foreign corporations,1 and the capital …

The Flatow Amendment And State-Sponsored Terrorism, Joseph Keller

Seattle University Law Review

This article argues that the Flatow Amendment does not provide a cause of action against a foreign state itself and, further, that judicial consultation of the State Department is appropriate and desirable in cases affecting foreign policy, such as those requiring interpretation of the Flatow Amendment. Part I analyzes early judicial interpretation of the Flatow Amendment, examine and critique the methodology of Cronin and its progeny, explain application of the Charming Betsy principle to this line of cases, and conclude that the Flatow Amendment provides a cause of action against the officials, employees, or agents of a foreign state, but …

The Right To Float On By: Why The Washington Legislature Should Expand Recreational Access To Washington's Rivers And Streams, Dustin Trowbridge Till

Seattle University Law Review

This article surveys the contemporary status of Washington's navigability doctrine and public trust laws and proposes a solution to the increased conflicts between riparian property owners and recreational river users. Part II addresses the federal navigability jurisprudence that establishes the minimum standards for determining whether a river is navigable. Part III surveys the law of navigability and the public trust doctrine in Washington. Part IV highlights the importance of recreation to Washington residents. Part V analyzes how other jurisdictions, particularly Montana, have resolved conflicts between recreationalists and riparian property owners. Part VI argues that Washington should adopt a recreational boat …

An Exceptional Case: How Washington Should Amend Its Procedure For Imposing An Exceptional Sentence In Response To Blakely V. Washington, Jason Amala, Jason Laurine

Seattle University Law Review

This article reviews the Blakely decision and the Washington Legislature's response in S.B. 5477. Part II discusses the problem that Blakely created for Washington's sentencing guidelines system. Part III analyzes the judicial advisory and bifurcated trial proposals and explains why Washington wisely adopted the bifurcated trial approach. Part IV identifies key issues that are raised by using a bifurcated trial and analyzes how S.B. 5477 addresses, or fails to address, those issues. Finally, Part V concludes by suggesting that the legislature should have provided for the following in its bill responding to the Blakely decision: a provision allowing bifurcation for …

Volume Index, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Voice Over Internet Protocol And The Wiretap Act: Is Your Conversation Protected?, Daniel B. Garrie, Matthew J. Armstrong, Donald P. Harris

Seattle University Law Review

10101101: Is this sequence of digits voice or data? To a computer, voice is a sequence of digits and data is a sequence of digits. The law has defined 10101101 to be data, and 10101001 to be voice communications. Courts have constructed a distinction between data, 10101101, and voice, 10101001. However, that distinction is blurred when voice and data are simultaneously transmitted through the same medium. The courts forbid third parties to tap or monitor voice communications, yet permit data packets to be tracked, stored, and sold by third parties with the implied consent of either party engaged in the …

The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace

Seattle University Law Review

The meretricious relationship doctrine has received increased attention in recent years largely due to its application to same-sex couples' and the national debate on same-sex marriage. However, the importance of the doctrine, applicable also to heterosexual couples, extends beyond this recent focus. The number of unmarried, committed persons cohabitating has been increasing rapidly. Over eleven million people reported being unmarried but living with a partner in 2000, an increase of seventy-two percent since 1990. As the number of unmarried persons cohabitating increases, so will the importance of the doctrine. The meretricious relationship doctrine is a judicially-created equitable doctrine that allows …

The Code For Corporate Citizenship: States Should Amend Statutes Governing Corporations And Enable Corporations To Be Good Citizens, Elisa Scalise

Seattle University Law Review

Corporations are important social actors. They are created by law and create products, services, jobs, and wealth upon which modem societies rely. Investments injected by corporations bring jobs, capital, and technology to communities, thereby raising living standards and creating derivative rights such as education, health and housing, and political freedoms. Modem corporations allow entrepreneurs to raise massive amounts of capital for large projects and research, which results in innovation and a wide range of products and services. However, these same corporations can also cause social harm. They are structured in such a way that it is possible for agents in …

The Washington 2004 Gubernatorial Election Crisis: The Necessity Of Restoring Public Confidence In The Electoral Process, Joaquin G. Avila

Seattle University Law Review

This Article details the plethora of problems associated with Washington State's 2004 gubernatorial election and explores the proposed electoral reforms in light of prior threats to the electoral process. The Article postulates that electoral reforms in the administration of elections also present an important opportunity to provide minority communities with greater access to the political process. Part II of this Article begins with a history ofvoting discrimination in the United States. This history provides a context to the 2004 gubernatorial election in Washington. In addition, this history provides an important background context for assessing whether reforms in the administration of …

The Common Law Power Of The Legislature: Insurer Conversions And Charitable Funds, Jill R. Horwitz, Marion R. Fremont-Smith

Articles

New York's Empire Blue Ccoss and Blue Shield conversion from nonprofic cofor­ profic form has considerable legal significance. Three aspects of the conversion ma.ke checase unique: the role of the scace legislature in directing the disposicion of the conversion assets, che face chac it made itself che primary beneficiary of chose assets, and the actions of che scace attorney general defending the state rather than che public inceresc in che charitable assets. Drawing on several cenruries of common Law rejecting the Legislacive power to direct the disposition of charitable funds, chis article argues chat the legislature lacked power cocontrol che …