Digital Commons Network^™

Survey Of Author Name Disambiguation: 2004 To 2010, Sarah Elliott

Library Philosophy and Practice (e-journal)

Author name disambiguation methods continue to evolve and grow more sophisticated. This paper surveys a variety of manual and automatic approaches that have developed between 2004 and the beginning of 2010.

Educational Needs Of Librarians In The Digital Environment: Case Studies Of Selected Academic Libraries In Lagos State, Nigeria, Olukemi A. Fadehan, Hussaini Ali

Library Philosophy and Practice (e-journal)

This paper reports the findings of a study on the perception of educational needs of librarians in selected academic libraries in Lagos State, Nigeria. The libraries include universities, polytechnics, and colleges of education. The objectives of this study were to identify the level of digital applications in the critical operations of the libraries; the educational needs of the librarians in the digital environment, and the librarians' perceptions of the need for digital education. The findings reveal that there was inadequate or total lack of skills and education in digital information provision by the librarians investigated. All the librarians needed digital …

Coso Internal Control - Integrated Framework: Guidance On Monitoring Internal Control Systems, Volume Ii: Application, Committee Of Sponsoring Organizations Of The Treadway Commission

Association Sections, Divisions, Boards, Teams

No abstract provided.

Fraudulent Financial Reporting: 1998-2007 : An Analysis Of U.S. Public Companies, Mark S. Beasley, Dana R. Hermanson, Joseph V. Carcello, Terry L. Neal

Association Sections, Divisions, Boards, Teams

No abstract provided.

Growing Disciples In Community: A Review Of Scripture And Social Science, Kathleen Beagles

Andrews University Seminary Studies (AUSS)

No abstract provided.

King And Messiah As Son Of God: Divine, Human And Angelic Messianic Figures In Biblical And Related Literature [Review] / Adela Yarbro Collins And John J. Collins, Gilbert Okuro Ojwang

Andrews University Seminary Studies (AUSS)

No abstract provided.

At Home In A Strange Land: Using The Old Testament In Christian Ethics [Review] / Andrews Sloane, Andy Lampkin

Andrews University Seminary Studies (AUSS)

No abstract provided.

"Your Results May Vary": Protecting Students And Taxpayers Through Tighter Regulation Of Proprietary School Representations, Aaron N. Taylor

All Faculty Scholarship

This article argues for stricter regulation of proprietary (for-profit) school advertising and recruitment practices and proffers specific proposals for effectuating this regulation. Proprietary schools play an important role in broadening access to higher education. They enroll a large number of students who are underserved by traditional, non-profit institutions. These students tend to be poorer, less educated, and older than students at traditional schools, and they tend to undertake higher education for very practical reasons. These characteristics make them particularly susceptible to deceptive marketing and unfounded promises of higher education providers. Unfortunately, some proprietary schools exploit the susceptibilities of their target …

Litigation, Integration, And Transformation: Using Medcaid To Address Racial Inequities In Health Care, Ruqaiijah A. Yearby

All Faculty Scholarship

Instances of racial discrimination in health care continue despite the enactment of civil rights laws, such as Title VI of the Civil Rights Act of 1964 *329 (Title VI). Title VI prohibited racial discrimination by health care entities receiving government funding such as Medicaid payments. The federal government focused its initial efforts on hospitals. Because hospitals relied on federal funding, the federal government was able to force hospitals to integrate without much resistance from the hospital industry. However, since this accomplishment the government has relied too heavily on assurances of compliance from other health care entities, such as nursing homes, …

Shareholder Democracy And The Curious Turn Toward Board Primacy, Grant M. Hayden, Matthew T. Bodie

All Faculty Scholarship

Corporate law is consumed with a debate over shareholder democracy. The conventional wisdom counsels that shareholders should have more voice in corporate governance, in order to reduce agency costs and provide democratic legitimacy. A second set of theorists, described as “board primacists,” advocates against greater shareholder democracy and in favor of increased board discretion. These theorists argue that shareholders need to delegate their authority in order to provide the board with the proper authority to manage the enterprise and avoid short-term decision making.

In the last few years, the classical economic underpinnings of corporate law have been destabilized by a …

Behavioral Decision Theory And Implications For The Supreme Court’S Campaign Finance Jurisprudence, Molly J. Walker Wilson

All Faculty Scholarship

America stands at a moment in history when advances in the understanding of human decision-making are increasing the strategic efficacy of political strategy. As campaign spending for the presidential race reaches hundreds of millions of dollars, the potential for harnessing the power of psychological tactics becomes considerable. Meanwhile, the Supreme Court has characterized campaign money as “speech” and has required evidence of corruption or the appearance of corruption in order to uphold restrictions on campaign expenditures. Ultimately, the Court has rejected virtually all restrictions on campaign spending on the ground that expenditures, unlike contributions, do not contribute to corruption or …

Too Much Of A Good Thing: Campaign Speech After Citizens United, Molly J. Walker Wilson

All Faculty Scholarship

In January 2010, the Supreme Court in Citizens United v. Federal Election Commission overturned Austin v. Michigan Chamber of Commerce and the portion of McConnell v. Federal Election Commission that restricted independent corporate expenditures, as codified in section 203 of the Bipartisan Campaign Reform Act. Specifically, Citizens United invalidated laws forbidding corporations and unions from using general treasury funds for “electioneering communication,” political advocacy transmitted by broadcast, cable, or satellite communication in the period leading up to a federal election. The effect of Citizens United was to protect the right of corporations, no less than individual American citizens, to fund …

Litigation, Integration, And Transformation: Using Medicaid To Address Racial Inequities In Health Care, Ruqaiijah Yearby

All Faculty Scholarship

Using a public health policy perspective, this article examines the persistence of racial inequities in nursing homes and prescribes a solution to address these inequities. I use empirical data to prove the persistence of racial inequities in health care, analyze the government policies that allow racial inequities to continue, and provide a solution of regulatory integration. Specifically, I propose that civil rights enforcement be integrated with the nursing home enforcement system, which has been aggressively enforced and monitored. There are many strategies that may lead to the adoption of this system. One such strategy is using the Medicaid Act to …

Stories Of Civil Rights Progress And The Persistence Of Inequality And Unequal Opportunity 1970-2010, Michael A. Wolff

All Faculty Scholarship

In this article, Missouri Supreme Court Judge Michael A. Wolff, who also is distinguished visiting professor at St. Louis University School of Law, outlines the judicial and legislative victories and failures of civil rights advocates over the last forty years at both the federal and state level. He details the reform efforts through personal anecdotes of many of his own cases that he pursued as a legal services lawyer and has seen as a judge. Judge Wolff’s stories focus on the rights that legal services programs fought for and obtained and the battles that continue to be lost. In particular, …

What Is Changing? 'The Future Is Not What It Used To Be', Michael A. Wolff

All Faculty Scholarship

The editors of the Federal Sentencing Reporter asked a number of experts on sentencing in 2008 to write short pieces on what they expected after a "change" election. In 2010 the editors asked: what changed? Judge Wolff’s response, which concentrates on the states, is that the states’ dire financial conditions and the effect of the California marijuana legalization proposition, which gathered serious support but failed, have affected the public’s perceptions of sentencing policy. The public and their representatives are trying more to be smart on crime rather than tough on crime, and the public is becoming increasingly skeptical of the …

Reply: Clawback To The Future, Miriam A. Cherry, Jarrod Wong

All Faculty Scholarship

In an earlier article also available on Scholarship Commons, Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes, Minnesota Law Review, Vol. 94, p. 368, 2009, Professors Miriam Cherry and Jarrod Wong set out an initial description and analysis of contractual clawback provisions. In this Reply, Profs. Cherry and Wong address three aspects of Michael Macchiarola's Response: its application of the clawback doctrine to the recoupment of executive compensation; the criticism that the clawbacks doctrine introduces latent subjectivity into contractual analysis; and the apparent operational difficulties in implementing clawbacks.

Back To Color Blindness: Recent Developments In Race Discrimination Law In The United States, Marcia L. Mccormick

All Faculty Scholarship

The United States has a long and somewhat conflicted history of espousing egalitarian values and yet tolerating a certain level of subordination of particular groups to a greater or lesser extent at the same time. Like many countries, it struggles with reconciling the goals of equality, pluralism, and liberty, and the balance has been struck differently at different times. In the current wave of such efforts, the Supreme Court is marking an increasingly formalist approach to the question of discrimination, while Congress appears to be pushing a slightly more substantive approach to discrimination. This short paper analyzes the Court’s recent …

Bentham On Stilts: The Bare Relevance Of Subjectivity To Retributive Justice, Dan Markel, Chad Flanders, David C. Gray

All Faculty Scholarship

In recent work, various scholars have challenged retributive justice theorists to pay more attention to the subjective experience of punishment, specifically how punishment affects the experiences and well-being of offenders. The claim developed by these “subjectivists” is that because people’s experiences with pain and suffering differ, both diachronically and inter-subjectively, their punishments will have to be tailored to individual circumstances as well.

Our response is that this set of claims, once scrutinized, is either true, but of limited significance, or nontrivial, but unsound. We don’t doubt the possibility that different people will react differently to the same infliction of punishment. …

The One State Solution To Teaching Criminal Law, Or Leaving The Common Law And The Mpc Behind, Chad Flanders

All Faculty Scholarship

How should criminal law be taught to first-year law students? Professors preparing their classes for the first time, and even veterans of many semesters of criminal law, find themselves facing a dilemma. On the one hand, the common law is no longer good - law in nearly every state; it has been superseded by statute. Even states that leave a large role for the common law usually have a combination of common law and statutory law or strongly limit the scope of the common law. On the other hand, there is no uniform code that actually exists as law in …

A Prisoner's Constitutional Right To Medical Information: Doctrinally Flawed And A Threat To State Informed Consent Law, Robert Gatter

All Faculty Scholarship

White v. Napoleon and its progeny recognize a substantive due process right to receive the disclosure of medical treatment information. While each case involves a prisoner receiving treatment while in custody, the constitutional right described in those cases is not limited to prisoners. Instead, the right is described as belonging to all individuals. Consequently, this line of cases is poised to interfere with the disclosure standards that operate in state informed consent law in the many instances where state action exists. This Article argues that the substantive due process right recognized in White should be overturned. The right is based …

Situating Inherent Power Within A Rules Regime, Samuel P. Jordan

All Faculty Scholarship

My goal in this short Essay is to describe the way that inherent power is understood and applied within our procedural framework, and to suggest the need for a more robust account of the contemporary relationship between inherent power and formal procedural rules. Part I describes two roles – one legitimate and one not – that inherent power can play vis-à-vis the rules. Part II examines how those roles are often confused or manipulated, with the result that inherent power remains available to justify judicial action in an undesirably large class of cases. Finally, Part III explores ways to clarify …

Human Capital And Transfer Taxation, Kerry A. Ryan

All Faculty Scholarship

This article addresses the question of whether education and healthcare transfers should be included in the federal gift tax base. It initially frames the issue in two ways: (1) through the lens of a proposal by the American Law Institute to exempt all “transfers for consumption” from gift taxation, and (2) within the context of a debate among economists about whether such expenditures should be included in the definition of “intergenerational transfers” for purposes of determining the total share of such transfers in U.S. accumulated wealth. Finding the first lens unsatisfactory on its own doctrinal terms and the second lens …

The Word Of Life: A Theology Of John's Gospel [Review] / Craig R. Koester, Jon Paulien

Andrews University Seminary Studies (AUSS)

No abstract provided.

Siebenten-Tags-Adventisten Im Nationalsozialismus Unter Berücksichtigung Der Geschichtlichen Und Theologischen Entwicklung In Deutschland Von 1875 Bis 1950 [Review] / Johannes Hartlapp, Denis Kaiser

Andrews University Seminary Studies (AUSS)

No abstract provided.

The Gospel According To Moses And Elijah, Roy E. Gane

Andrews University Seminary Studies (AUSS)

Jesus’ gospel culminates the deliverance messages of Moses and Elijah and points to our role: If we love Christ a lot because he has forgiven us a lot (Luke 7:40-47), we will find no greater joy than reconciling precious people to one another and to him before the great day of his return.

Exegetical Commentary On The New Testament [Review] / Craig L. Blomberg And Miriam J. Kamell, Pedrito U. Maynard-Reid

Andrews University Seminary Studies (AUSS)

No abstract provided.

Abraham’S Curse: Child Sacrifice In The Legacies Of The West [Review] / Bruce Chilton, Charles Scriven

Andrews University Seminary Studies (AUSS)

No abstract provided.

The Oxford Handbook Of Early Christian Studies [Review] / Susan Ashbrook Harvey And David G. Hunter, Eds., John W. Reeve

Andrews University Seminary Studies (AUSS)

No abstract provided.

Jewish Believers In Jesus: The Early Centuries [Review] / Oskar Skarsaune And Reider Hvalik, Eds., Jacques B. Doukhan

Andrews University Seminary Studies (AUSS)

No abstract provided.

Investigating The Presuppositional Realm Of Biblical-Theological Methodology, Part Iv: Critique And Transformation, Oliver Glanz

Andrews University Seminary Studies (AUSS)

No abstract provided.