Digital Commons Network^™

Creation, Evolution, And Theology: The Role Of Method In Theological Accomodation [Review] / Fernando Canale, Ervin Taylor

Andrews University Seminary Studies (AUSS)

No abstract provided.

The Future Of Biblical Archaeology: Reassessing Methodologies And Assumptions [Review] / Hoffmeier, James K. And Alan Millard, Eds., Paul J. Ray Jr.

Andrews University Seminary Studies (AUSS)

No abstract provided.

Is The Reformation Over?: An Evangelical Assessment Of Contemporary Roman Catholicism [Review] / Noll, Mark A. And Carolyn Nystrom, Jo Ann Davidson

Andrews University Seminary Studies (AUSS)

No abstract provided.

America, Amerikkka, Elect Nation And Imperial Violence [Review] / Reuther, Rosemary Radford, Trevor O'Reggio

Andrews University Seminary Studies (AUSS)

No abstract provided.

Access Assured: Restoring Progressivity In The Tax And Spending Programs For Higher Education, Kerry A. Ryan

All Faculty Scholarship

Presently, the federal government subsidizes the higher education expenses of individual college students through two distribution channels: the tax system and the transfer system. Under each subsystem, there are a multitude of programs available to assist students in meeting their postsecondary educational expenses. The proliferation of so many forms of federal student aid raises issues of intra- and inter-program effectiveness. In their current form, the tax benefits for higher education do not get the right amount to the right people at the right time. The federal college spending programs, on the other hand, get the right amount to the right …

Demystifying Hedge Funds: A Design Primer, Henry Ordower

All Faculty Scholarship

Describes and analyzes hedge fund structures in the context of the United States statutes and regulations that inform those structures.

Corporate Social Responsibility Of Multinational Enterprises And The International Business Law Curriculum, Constance Z. Wagner

All Faculty Scholarship

The author argues for expanded coverage of corporate social responsibility in the U.S. law school curriculum. Corporate social responsibility is of increasing importance for businesses, particularly for those companies that conduct multinational operations. Current national legal and regulatory regimes fail to adequately address the social and environmental issues that arise in business operations. As a result, intergovernmental organizations, non-governmental organizations and businesses have begun to promulgate voluntary codes ofconduct. These codes touch on such subjects as core labor standards, environmental protection, bribery offoreign government officials in international business and human rights. Examples include the Organization for Economic Cooperation and Development …

Workers, Information, And Corporate Combinations: The Case For Non-Binding Employee Referenda In Transformative Transactions, Matthew T. Bodie

All Faculty Scholarship

Employees present a curious puzzle for corporate law. The success of a corporation depends on its employees, from the chief executive officer down to the front-line production or service worker. But for the most part, corporate law relegates employees to the sidelines. Perhaps nowhere is this difference as dramatic as in the realm of mergers, acquisitions, and other transformative transactions. Such transactions are usually negotiated at the highest levels of management, approved by the board, and ultimately approved by the shareholders. In contrast, employees at most may be able to bargain about the effects of the merger through union representatives; …

The False Promise Of One Share, One Vote, Grant M. Hayden, Matthew T. Bodie

All Faculty Scholarship

Shareholder democracy has blossomed. The once moribund shareholder franchise is now critical in takeover contests, merger decisions, and board oversight. However, the mechanisms of this vote remain largely under theorized. In this Article, we use voting rights and social choice theory to develop a new approach to the corporate franchise. Political democracies typically tie the right to vote to the level of a person's interest in the outcome of the election. Corporate democracies, on the other hand, tend to define the requisite institutional interest quite narrowly, and thus restrict the right to vote to shareholders alone. This restriction has found …

Information And The Market For Union Representation, Matthew T. Bodie

All Faculty Scholarship

In its oversight of union representation elections, the National Labor Relations Board seeks to create laboratory conditions to determine "the uninhibited desires" of employees. Despite its comprehensive regulation of union and employer campaign conduct, however, the Board fails to insure that employees get basic information relating to their decision. This Article proposes a new paradigm for the representation decision: that of a purchase of representation services. This "purchase of services" model demonstrates that the market for union representation lacks the standard features required under economic theory to drive information into the marketplace. The resulting information deficiencies may render employees poorly …

Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie

All Faculty Scholarship

In 2007 private equity firms came under increasing scrutiny for the favorable tax treatment accorded to their fund managers' compensation. Labor, particularly the Service Workers International Union (SEIU), was instrumental in bringing this issue to the attention of the media and the public. However, SEIU's private equity campaign is just one way in which the union is pursuing its primary concern: increasing the ranks of its members. This Article examines the role that the SEIU private equity campaign plays both in the overall debate about private equity taxation as well as the union's negotiations with private equity firms. It argues …

The Public Face Of Presumptions, Karen Petroski

All Faculty Scholarship

We commonly think of presumptions as second-best inferential tools allowing us to reach conclusions, if we must, under conditions of limited information. Scholarship on the topic across the disciplines has espoused a common conception of presumptions that defines them according to their function within the decisionmaking process. This focus on the “private” face of presumptions has generated a predominantly critical and grudging view of them, perpetuated certain conceptual ambiguities, and, most important, neglected the fact that what we refer to as “presumptions” have distinguishing features other than the defeasibility and burden-shifting effects associated with their use as inferential tools. When …

The Two Faces Of Justice In The Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining And The Inquisitorial Legacy, Stephen C. Thaman

All Faculty Scholarship

This essay focuses on adversary procedure, plea-bargaining, and jury trial in the 1991 Concept of Judicial Reform of the Russian Republic. It discusses the impact of these reforms and assesses whether they have led to an improvement in the quality of evidence presented to the trier of fact, liberation of the trial and appellate judges from the juggernaut of hierarchical Soviet ‘crime control’ policies, and the development of a culture where acquittals of guilty and innocent will be tolerated when the evidence lacks credibility or is insufficient to constitute proof beyond a reasonable doubt.

Confusion And Unpredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann M. Scarlett

All Faculty Scholarship

The Delaware courts responded to the recent wave of corporate scandals, exemplified by Enron and WorldCom, by changing their approach to shareholder derivative litigation. This Article analyzes the Delaware courts' response to these scandals and concludes that the courts have created doctrinal confusion and introduced unpredictability into derivative litigation. This Article also analyzes the future negative consequences for shareholders, corporations, directors, investors, and other litigants. Finally, this Article proposes improvements for derivative litigation that may alleviate the confusion and unpredictability created by the Delaware courts' response to the recent scandals.

A Better Approach For Balancing Authority And Accountability In Shareholder Derivative Litigation, Ann M. Scarlett

All Faculty Scholarship

Corporations present an interesting illustration of the authority versus accountability dilemma. Shareholders elect the directors of the corporation and the law vests those directors with almost unlimited authority to manage the corporation. Yet, shareholders have few effective means for holding directors accountable for their decisions other than through shareholder derivative litigation. In such litigation, the business judgment rule serves as the mechanism by which courts attempt to balance directors' authority to make decisions for the corporation against shareholders' right to hold directors accountable for those decisions.

As this Article discusses, numerous theories exist as to the proper formulation of the …

Help Me, I Need To Know, Roger D. Applegate

Human–Wildlife Interactions

I work in an urban area. Well, my job really is not in urban wildlife management, but my job office is in an urban area. Because part of my work involves being a wildlife disease specialist, many calls from the public get transferred to me.

Carnivores, Urban Landscapes, And Longitudinal Studies: A Case History Of Black Bears, Jon P. Beckmann, Cael W. Lackey

Human–Wildlife Interactions

As urban landscapes expand across the globe, it becomes imperative to understand how these landscapes affect large carnivore populations. We examined the effects of human-altered landscapes on age-specific fecundity and life history parameters for female black bears (Ursus americanus) in urban and wildland regions in the northern Sierra Nevada Mountains of Nevada, including the Lake Tahoe Basin. We followed 12 marked female bears in an urban environment and 10 females in wildland habitats from 1997–2006. Our results show that female bears in urban areas have higher age-specific fecundity rates than did wildland female bears. Despite this difference, female …

Evaluation Of An Oral Vaccination Program To Control Raccoon Rabies In A Suburbanized Landscape, Jason R. Boulanger, Laura L. Bigler, Paul D. Curtis, Donald H. Lein, Arthur J. Lembo Jr.

Human–Wildlife Interactions

We evaluated the efficacy of an oral rabies vaccination (ORV) program conducted in Erie County, New York, from July through September, 2002–2005. Ingress of the raccoon (Procyon lotor) rabies variant first occurred along the southern border of Erie County, New York, during 1992 and began to spread northward at a velocity of 31 km/year. Fixed-wing aircraft dropped ORV baits in rural landscapes; helicopters, hand baiting, and bait stations distributed baits in suburban landscapes (&#;x bait densities ranged 59–118 baits/km²). Our study objectives were to quantify rabies case densities, evaluate efficacy of intervention efforts, and determine biological, …

How People Should Respond When Encountering A Large Carnivore: Opinions Of Wildlife Professionals, Dylan E. Brown, Michael R. Conover

Human–Wildlife Interactions

We conducted telephone surveys of wildlife professionals who work with large carnivores to ask their opinions about how people should respond to avoid being injured when confronted by a black bear (Ursus americana), grizzly bear (Ursus arctos), mountain lion (Puma concolor), or gray wolf (Canis lupus). The respondents agreed that the most appropriate response was to try to increase the distance between a person and the carnivore. In the event of an attack by a black bear, mountain lion, or wolf, most respondents said to fight back. Opinion was divided over the …

Resolving Conflicts Between Humans And The Threatened Louisiana Black Bear, Walter Cotton

Human–Wildlife Interactions

The Louisiana black bear (Ursus americanus luteolus) is one of 16 subspecies of American black bear. At the time of English settlement, this subspecies was abundant throughout Louisiana, the southern two-thirds of Mississippi, eastern Texas, and extreme southern Arkansas. By the 1950s, Louisiana black bears had been extirpated from most of their original range due to habitat destruction and fragmentation and over-harvest by hunters (Leigh and Chamberlain 2008). It is believed that only about 100 black bears remained; existing in isolated, extremely rural areas of eastern Louisiana. Bears became so scarce during the 1960s that the Louisiana Department …

Population And Spatial Dynamics Of Resident Canada Geese In Southeastern Nebraska, Scott R. Groepper, P. Joseph Gabig, Mark P. Vrtiska, Jason M. Gilsdorf, Scott E. Hygnstrom, Larkin A. Powell

Human–Wildlife Interactions

In response to increasing populations, damage complaints, and a desire to understand population and spatial dynamics, we studied population size, survival rates, home ranges, movements, and site fidelity of female resident Canada geese (Branta canadensis) at 18 study sites within 23 km of Lincoln, Nebraska, during 1991–1994. Based on mean flock size (&#;x = 93) and number of collared geese in flocks (x&#; = 13), the estimated population of resident Canada geese was nearly 4,000. Estimated monthly survival for female Canada geese was 0.94, mean home range was 25 km², and mean maximum distance moved between …

In The News, Joe N. Caudell

Human–Wildlife Interactions

Marc Johnson, a jogger in Kenai, Alaska, survived a bear attack after he disturbed a brown bear sow and her cubs, the Anchorage Daily News reported in April 2008. Johnson tried to outrun the bear but was overtaken by the animal, which knocked him down and bit his back. After the attack, the victim managed to get up and run home.

Use Of A Population Viability Analysis To Evaluate Human-Induced Impacts And Mitigation For The Endangered Lower Keys Marsh Rabbit, David H. Lafever, Paige M. Schmidt, Neil D. Perry, Craig A. Faulhaber, Roel R. Lopez, Nova J. Silvy, Elizabeth A. Forys

Human–Wildlife Interactions

Rapid development and urbanization of the lower Florida Keys in the last 30 years has fragmented the habitat of the Lower Keys marsh rabbit (Sylvilagus palustris hefneri), hereafter called marsh rabbit, and threatened it with extinction. On the Naval Air Station–Key West (NAS), Boca Chica Key, marsh rabbits exist as a meta-population of discrete habitat patches in a matrix of wetlands and airfield facilities. Airfield safety regulations require NAS to maintain vegetation below a minimum height on runway peripheries (clear zones). We developed a spatially-explicit, stage-structured, stochastic matrix model using the programs RAMAS-Metapop and ArcGIS. Model parameters were …

Impacts Of The Cancellation Of The Spring Bear Hunt In Ontario, Canada, Raynald Harvey Lemelin

Human–Wildlife Interactions

Approximately 10 million people and 100,000 black bears (Ursus americanus) live in Ontario, Canada. The highest concentration of black bears (0.4–0.6 bears/100 km²) is in northern Ontario (Bear Wise 2004). While this area is sparsely populated by humans, it is the site where human–bear conflicts are common for several reasons. These include people spending time in formerly inaccessible areas via forestry roads and off-road vehicle trails, changing recreational patterns, and a growing black bear population (Conover 2008, Madison 2008). Among residents of northern Ontario (hereafter referred to as northerners), no other wildlife management issue has dominated …

Misconceptions Hamper Protection Of Bears, Bruce D. Leopold

Human–Wildlife Interactions

When Dr. Conover notified me of the special topic for this issue of Human–Wildlife Conflicts, I was excited. Dr. Conover has a talent for selecting relevant topics that reflect pressing issues in our field! The last issue of HWC focused on deer–human conflicts, a topic that is very important to Mississippi and the eastern United States.

In Memory: Paul Eugene Bucklin, Kraig L. Glazier

Human–Wildlife Interactions

Paul Eugene “Gene” Bucklin (1942–2008), a wildlife specialist with USDA/APHIS/Wildlife Services, was killed in a fatal car accident near his home in Chinook, Montana, on February 16, 2008. Born in Billings, Montana, he was raised on a sheep and cattle ranch in Redstone, Montana, where he learned to trap and hunt. Gene spent his life on the prairies of the “Highline,” the northern part of Montana that stretches from the Rocky Mountains of Glacier National Park to the North Dakota border. In 1979 he began a lifelong career with USDA/APHIS/ Wildlife Services in Chinook.

Modeling Wildlife Damage To Crops In Northern Indiana, Mónica I. Retamosa, Lee A. Humberg, James C. Beasley, Olin E. Rhodes Jr.

Human–Wildlife Interactions

Comprehensive information on crop damage by wildlife species is critical if effective strategies for controlling wildlife damage are to be formulated. Discriminating how landscape composition and configuration attributes influence crop damage is important for implementing landscape management techniques to resolve human–wildlife conflicts. We analyzed crop damage data from 100 corn fields and 60 soybean fields located in the Upper Wabash River Basin of northern Indiana during 2003 and 2004. We used negative binomial regression to model the rate of damage to corn and soybean crops in response to local and landscape variables. Rate of crop damage was best predicted by …

Trans Fatty Acids Provide Evidence Of Anthropogenic Feeding By Black Bears, Gregory W. Thiemann, Randal S. Stahl, Sharon Baruch-Mordo, Stewart W. Breck

Human–Wildlife Interactions

Bears (Ursus spp.) that become conditioned to anthropogenic food sources pose a risk to human safety and generally need to be relocated, rehabilitated, or destroyed. Identifying food-conditioned bears may be difficult if the animal is not captured or killed while immediately engaged in the nuisance behavior. Fatty acid signature analysis has been used to examine the dietary habits of bears and other carnivores and is based on the predictable incorporation of ingested fatty acids into the consumer’s fat stores. Unusual fatty acids that are available in only a few food types may be particularly useful dietary markers. In this …

Evaluation Of Physical Barriers To Prevent Prairie Dog Colony Expansion, Gary Witmer, James Gionfriddo, Michael Pipas

Human–Wildlife Interactions

Expansion of black-tailed prairie dog (Cynomys ludovicianus) colonies on public and private lands can result in damage to property. Physical barriers to prairie dogs can be used to minimize human–wildlife conflicts. We evaluated 17 existing barriers in the Fort Collins and Boulder, Colorado, areas. Most barriers were made of a single row of vinyl material; these barriers sustained high levels of damage, primarily from wind, and were frequently breached by prairie dogs digging underneath them. Barriers that included a vegetation and a vinyl barrier or a double-vinyl barrier were wind damaged and breached less frequently than the single-vinyl …

Assessment Of Costs Associated With Deer–Vehicle Collisions: Human Death And Injury, Vehicle Damage, And Deer Loss, John A. Bissonette, Christine A. Kassar, Lawrence J. Cook

Human–Wildlife Interactions

Collisions between large vertebrates and vehicles along roadways are an increasing concern, not only because of ecological consequences, but also because of associated economic and social costs. We used a large-scale, long-term data set comprising several databases from Utah to summarize and analyze these costs. The overall cost for 13,020 collisions from 1996 to 2001 in Utah was approximately $45,175,454, resulting in an estimated average per year cost of about $7,529,242 and a mean collision cost of $3,470. These figures include human fatality costs of $24 million (53% of total costs); vehicle damage costs of $18 million (39%); loss of …