Digital Commons Network^™

Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack

Faculty Publications

Although the substantive law concerned with gender violence is now well established, and the principle of legality can no longer serve as a barrier to prosecutions for gender violence, significant obstacles remain to ensuring a robust system of gender justice in international criminal law in the face of continued violations. These obstacles are less visible than defects in positive law because they emerge in the practice of international criminal law at crucial yet shrouded stages of the penal process: investigation, charging, pre-trial plea negotiations, trial preparation, theprovision of protective measures, and appeals. Most importantly, strong positive law is irrelevant where …

The Relationship Between Parental Influence And Christian Spiritual Practices Among Adventist Youth In Puerto Rico, Obed Jiménez

Dissertations

Problem. Typically, parents do not realize how influential they are in fostering spiritual growth in their children and are not aware of key influential factors that can motivate their children in practicing spiritual disciplines such as prayer, Bible reading, meditation, and church attendance.

Method. This study used data from the Avance PR study conducted during the months of March and October 1995. The population for this study was high-school students enrolled in Seventh-day Adventist academies and youth who attended Seventh-day Adventist churches in Puerto Rico. The youth sample (ages 13-25) consisted of 1,377 single, never-married subjects: 586 males and 775 …

Organizational Leadership : A Study Of The Perceptions Of Servant Leadership Practices And Beliefs, And Its Implications For A Private Christian Institution Of Higher Education In Brazil, Jose Iran Miguel

Dissertations

Purpose. This study verified the perceptions of the workers of Brazil Adventist University (UNASP) regarding the beliefs and practices of servant leadership by using data collected online through the instrument called the Organizational Leadership Assessment (OLA), focusing on six key areas of organizational health, according to three independent variables, which are leadership categories, campus, and gender.

Method. As a quantitative comparative study, the relationship between dependent and independent variables was determined by means of a one-way multivariate analysis of variance (MANOVA) and a 2 by 3 factorial design in order to observe significant differences and interactions between variables. …

The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival

Faculty Publications

No abstract provided.

Pro Bono: Assessing Aims And Achievement, Lisa A. Kloppenberg, Lori E. Shaw

Faculty Publications

No abstract provided.

The Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, Brian J. Love

Faculty Publications

This Article studies the Federal Circuit's use of excessive reasonable royalty awards as a patent infringement deterrent. I argue against this practice, explaining that, properly viewed in context of the patent system as a whole, distorting the reasonable royalty measure of damages is an unnecessary and ineffective means of ensuring an optimal level of reward for inventors and deterrence for infringers. First, I introduce cases in which the Federal Circuit and other courts following its lead have awarded punitive reasonable royalty awards and explain the Federal Circuit's professed rationale for doing so. Next, I demonstrate that this practice makes little …

Untamed Tribunal? Of Dynamic Interpretation And Purpose Clauses, Sara Slinn

Articles & Book Chapters

This study examines the use of the purpose clause in labour legislation as a means for the legislature to exert control over the decision-making of a labour relations board. It examines the history of the purpose clause in British Columbia labour legislation, assesses its effectiveness as an instrument of control and, finally, draws on legislative theory to consider whether this is an instance of a "rogue" board defying the will of the Legislature, or of an administrative tribunal fulfilling its legitimate function. The article concludes that, rather than tribunal misconduct, a fairer interpretation of the BC Labour Board's treatment of …

Ethical Challenges And Opportunities At The Edge: Incorporating Spirituality And Religion Into Psychotherapy, John C. Gonsiorek, P. Scott Richards, Kenneth I. Pargament, Mark R. Mcminn

Faculty Publications

Incorporating spirituality and religion into psychotherapy has been controversial, but recent contri- butions have argued the importance and provided foundations for doing so. Discussions of ethical challenges in this process are emerging, and this contribution discusses several preliminary issues, relying on the Resolution on Religious, Religion-Based and/or Religion-Derived Prejudice adopted by the American Psychological Association in 2007, as guidance when used with the American Psychological Association’s (2002) Ethical Principles of Psychologists and Code of Conduct. Specifically, this discussion of preliminary challenges addresses competence, bias, maintaining traditions and standards of psychology, and integrity in labeling services for reimbursement. Commentators deepen the …

Victims Of Domestic Violence And Front-Line Workers: A Helping Paradigm, Scott Peters, Heather C. Trepal, Sabina De Vries, Sally W. Day, Christopher Leeth

Counseling and Guidance Faculty Publications (Archived)

Victims of domestic violence present a challenge to law enforcement and emergency room personnel. The authors propose a helping approach to assist these professionals. This paradigm is composed of: active and empathetic listening, acceptance without judgment, identifying victims’ strengths, honoring victims as experts, and the process of leaving an abusive relationship.

Voice For The Voiceless: The Case For Adopting The "Domestic Abuse Syndrome" For Self Defense Purposes For All Victims Of Domestic Violence Who Kill Their Abusers, Nancy A. Wright

Faculty Publications

No abstract provided.

Contextualizing Varnum V. Brien: A "Moment" In History, Patricia A. Cain

Faculty Publications

Varnum v. Brien is the last case in a line of state constitutional law challenges in what has been a a fifteen-year campaign by LGBT public interest lawyers seeking legal recognition for same-sex couples. While the litigation may be over for now, the larger battle is just beginning. The Iowa Supreme Court’s ruling in Varnum will play a central role in this future battle. It stands as part of a major “moment” in the modern history of recognizing equal marriage rights for same-sex couples. This article describes the historical context in which Varnum was litigated and identifies three important “moments” …

An Investigation Of The Perceptions Of Clergy And Laity On Race-Based Organizational Segregation In The Southern Union Conference Of Seventh-Day Adventists, David K. Penno

Dissertations

Problem

The Seventh-day Adventist Church in the United States maintains a racially segregated organization in a society that has intentionally dismantled segregation in most of its organizations. The church needs to evaluate its current conference organization in light of this reality. The purpose of this study was to describe the perceptions of Seventh-day Adventist clergy and members in two conferences in the Southern Union concerning race-based organizational segregation in the church.

Method

This study used a mixed method and was descriptive in design. Four focus groups were conducted to explore the dimensions of the research problem. This step was followed …

A Narrative Case Study Describing The Support Culture For The Change Process In A Small Parochial, Boarding Secondary School, Stanley M. Rouse

Dissertations

Problem. History acknowledges that change in education is difficult. Literature suggests that the educational system plays a critical role in individual school-change initiatives. Educators need to seek for better understanding of the influence that system issues have on the change process. This study describes a change process experienced by one small boarding school in a parochial school system. It describes the change process as experienced by teachers in the school, administrators at various systemic levels, and parents of students in the school. Their story brings greater understanding of how culture of the system impacts school change.

Method. This research used …

Connected Coordination: Network Structure And Group Coordination, Mathew D. Mccubbins, Ramamohan Paturi, Nicholas Weller

Faculty Scholarship

Networks can affect a group’s ability to solve a coordination problem. We utilize laboratory experiments to study the conditions under which groups of subjects can solve coordination games. We investigate a variety of different network structures, and we also investigate coordination games with symmetric and asymmetric payoffs. Our results show that network connections facilitate coordination in both symmetric and asymmetric games. Most significantly, we find that increases in the number of network connections encourage coordination even when payoffs are highly asymmetric. These results shed light on the conditions that may facilitate coordination in real-world networks.

Describing The Effect Of Adaptation On Settlement, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Faculty Scholarship

No abstract provided.

International Common Law: The Soft Law Of International Tribunals, Andrew T. Guzman, Timothy L. Meyer

Faculty Scholarship

No abstract provided.

Becoming A Citizen: Marriage, Immigration, And Assimilation, Kerry Abrams

Faculty Scholarship

No abstract provided.

The Law Librarian’S Tool For Fair Compensation In The Best - And Worst - Of Times, Femi Cadmus, Loretta Orndoff

Faculty Scholarship

No abstract provided.

The Deterrent Effect Of Death Penalty Eligibility: Evidence From The Adoption Of Child Murder Eligibility Factors, Michael D. Frakes, Matthew Harding

Faculty Scholarship

We draw on within-state variations in the reach of capital punishment statutes between 1977 and 2004 to identify the deterrent effects associated with capital eligibility. Focusing on the most prevalent eligibility expansion, we estimate that the adoption of a child murder factor is associated with an approximately 20% reduction in the homicide rate of youth victims. Eligibility expansions may enhance deterrence by (1) paving the way for more executions and (2) providing prosecutors with greater leverage to secure enhanced non-capital sentences. While executions themselves are rare, this latter channel is likely to be triggered fairly regularly, providing a reasonable basis …

Supreme Court Preemption Doctrine, Christopher H. Schroeder

Faculty Scholarship

In the United States, law and policy always function within layers of government authority – federal, state, and local. This book primarily examines the choices policy makers, legislatures, or agencies face in allocating and coordinating responsibility among these layers; choices that will always be constrained by any limits placed on them by the U.S. Constitution, as interpreted by the Supreme Court. This chapter explores the doctrine that the Supreme Court has elaborated to address one set of those constraints, namely the doctrine of preemption.

Preemption doctrine rests on Article VI of the Constitution, which provides that the laws and treaties …

Geografía Social De Zonas Críticas En México Su Contexto Económico Político: 1982-2005, Jose Antonio Roldan Amaro, Gabriel Saucedo Arteaga, Marsela Alvarez Izazaga, Richard Meindl, Cynthia Thompson, Tremaine Gregory

Peer Reviewed Articles

Resultaría muy difícil entender los problemas sociales en México, sin ubicarlos en el contexto económico-político del que forman parte y del que son una consecuen-cia. México se encuentra inserto en el sistema económico propuesto por el bM y el fMi. El modelo neoliberal marca como prioridad el crecimiento económico, la inversión privada y la exigencia al Estado para desvincularse cada vez más de las actividades económicas, y no tiene como objetivo el bienestar social. Por consiguiente ha tenido lugar la depauperización del campo y la migración rural a las ciudades. La consecuencia más importante en el ámbito social del modelo …

Exploring Possibilities: Virtual Reality In Nursing Research, Rebecca L. Davis

Peer Reviewed Articles

This paper describes the use of virtual reality (VR) as a method of measurement in nursing research. VR refers to the use of computerized displays to display a life-like environment in which the user interacts. Although many disciplines are beginning to use VR environments in research, nursing has yet to embrace this technology. Nursing, as a profession which values the interaction between the environment, individual, and health, can benefit from the use of VR in research. Establishing reliability and validity of the VR tool selected for research is important and requires special consideration. VR testing can produce side effects, such …

Context-Based Assessment And Intervention For Problem Behavior In Children With Autism Spectrum Disorder, Sanja I. Cale, Edward G. Carr, Audrey Blakeley-Smith, Jamie S. Owen-Deschryver

Peer Reviewed Articles

The present study used a context-based model of assessment and intervention to explore whether interventions that modify context result in reduction of problem behavior in ecologically valid settings (i.e., typical routines implemented by typical education personnel in neighborhood schools). The Contextual Assessment Inventory (CAI) and a post-assessment interview were administered to parents and teachers of eight children with Autism Spectrum Disorder to identify problem contexts. Then, environmental modification techniques were implemented in three priority contexts: namely, transitions, termination of preferred activities, and presence of a feared stimulus. Our results demonstrated an almost complete elimination of problem behavior in the priority …

Editorial Comment, Danny L. Balfour

SPNA Review

No abstract provided.

Using Tranparency To Regulate In The Age Of Technology: A Case Study Of The Childcare Business In Kent County, Michigan, Susan Toman

SPNA Review

In the shadow of a mountain of scandalous behavior exhibited by both government and business, it is easy to lose trust that any regulatory method can be effective. Transparency holds promise as a means to hold business and government accountable; particularly when both mandatory and voluntary disclosure are driven and shaped by their intended audience: Consumer/customer, employee, supplier, regulator or investor. With the beginning of the Obama Presidency, there is hope for increased governmental legislation and support for disclosure in all sectors (Obama, 2008). Transparency first was a term adopted by the business community to “describe the obligation to disclose …

The Divide Of The Coca Leaf: National Culture And The Drug Policies Of Bolivia And The United States, Megan Koops

SPNA Review

While the United States and Bolivian cultures have different values, attitudes and norms, these differences have not been a major factor in determining the aid Bolivia receives from the United States (US). Now, President Morales, a former union leader for coca leaf growers, has refused to comply with US foreign policy to eradicate the coca leaf, creating political and cultural tension. This paper examines the US and Bolivian relationship as a case study through Schein’s organizational cultural theory and Adler’s culture theory to determine how Bolivia’s battle to save the coca leaf may affect the aid it receives from the …

Public-Private Partnerships In The Fight Against Hiv/Aids: A Case Study Of Botswana, Franziska Rook

SPNA Review

Since the late 1990s, public-private partnerships in the health care field have increasingly been applied. Driven by a common goal, actors from the public, private, and third sector work together in partnerships. This paper will analyze an initiative that is aimed at providing nationwide access to HIV/AIDS treatment in Botswana. Very prominent members of the private and third sector, namely the Bill and Melinda Gates Foundation and Merck, Inc./Merck Company Foundation, are supporting the partnership. Botswana was chosen as the pilot country because its President, Festus Mogae, demonstrated outspoken leadership in the fight against AIDS. AIDS has had devastating effects, …

Commercialization In Nonprofits: Tainted Value?, Judith L. Bosscher

SPNA Review

The nonprofit sector is viewed as one of value and voice for those in need, but the trend of commercialism is resulting in questioning such virtues for the sector and its role in civil society. For the most part, commercialization has a stigma attached to it in relationship with the nonprofit sector. Are the lines too blurred? Is the mission lost? What does this mean for maintaining civil society? These are all questions surrounding the practice of commercialism. This paper explores the growing utilization of commercial activity within the nonprofit sector and its potential effects, both beneficial and harmful. The …

Bioscience And Economic Development: The Grand Rapids ‘Medical Mile’, Emily Vander Woude

SPNA Review

Michigan Street hill in Grand Rapids, Michigan has been dubbed the ‘Medical Mile’ because of the recent developments related to medical research and health care at this location. The impact of this growth is sure to change the face of Grand Rapids, but it is not clear how it will impact the economic situation there. Many other cities around the country and around the globe are putting investment into the bioscience, biotechnology, or life sciences sectoral strategy hoping that it will have a profound effect on their economic vitality. In this paper, I explore theoretical and practical perspectives on the …

Effects Of Work Experience, Patient Size, And Hand Preference On The Performance Of Sonography Studies, Eric J. Bastian, Joel K. Kits, Joshua D. Weaver, John R. Stevenson, Lynn Carlton, Susan Raaymakers, Jennifer Vanderpoel

Peer Reviewed Articles

Reports to clinic managers of sonographer work-related musculoskeletal disorders, especially those linked to larger patient body sizes, are increasing annually. This study was conducted to determine if patient size, sonographer experience level, and hand preference affected image quality associated with ambidextrous scanning. Thirteen experienced and 11 novice sonographers performed right- and left-handed scans of target organs on three models (5th, 50th, and 95th percentile body weight). Estimated grip force was measured during each scan through the use of force matching with a digital dynamometer. Results revealed a significant (P < .01) interaction effect between specialty and handedness for general and echocardiography for shoulder abduction angle; a significant difference among patient model sizes for grip forces, with the 95th percentile producing the highest estimated grip force values; and a significant difference in shoulder abduction angle among patient model sizes. Image quality was not different across specialties or handedness, and estimated grip force did not differ between handedness across specialties. These findings suggest that both inexperienced and experienced sonographers could benefit from ambidextrous abilities without increasing risk factors for injury or decreasing scanning quality for clinical practice.