Digital Commons Network^™

Constitutional Rights In The Balance: Modern Exclusionary Rules And The Toleration Of Police Lawlessness In The Search For Truth, Stephen C. Thaman

All Faculty Scholarship

This article explores the tension in modern criminal procedure between the goal of ascertaining the material truth of the criminal charge and the respect for important human rights of criminal suspects during the investigation of the alleged criminal responsibility. It examines two major areas where police run the risk of violating and often do violate the constitutional rights of criminal suspects during interrogations and during invasions of privacy in the form of dwelling searches and interception of confidential communications. The approaches of modern democracies to this dilemma run from the strict exclusion of all direct and indirect evidence (fruits of …

Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

All Faculty Scholarship

This article discusses the Belgian jury system and the decision in Taxquet v. Belgium and then explores to what extent a requirement of reasoned judgments will affect the survival of European juries. It focuses on Spain, where the jury is required to give reasons for its verdicts, and where a lively high-court jurisprudence has developed addressing the quality and sufficiency of jury reasons. This article suggests that it might be appropriate for jury courts in the United States to in some way justify their decision of guilt, in order to minimize the amount of completely innocent persons who have been …

Downstream Copyright Infringers, Yvette Joy Liebesman

All Faculty Scholarship

The advent of on-line music sales has been a boon to the recording industry as well as for musicians and the general public. Previously unknown artists have found new avenues to showcase their work, and consumers have easy access to an enormous variety of musical genres.

Yet an unintended consequence of the ability to sell songs through internet downloads is a novel, and until now, unnoticed way to infringe on copyrights - which, unless remedied, could lead to new classes of defendants never contemplated or desired to be ensnared in the Copyright Act’s protections for artists, musicians and authors. Unlike …

Investors Beware: Assessing Shareholder Derivative Litigation In India And China, Ann M. Scarlett

All Faculty Scholarship

In response to the 2008 financial crisis, the United States government bailed out many business entities in exchange for equity and debt interests in such entities. It also dramatically increased the regulations imposed on businesses. This level of government ownership and intervention in corporations is rare in free-market capitalist systems such as the United States. Government ownership and control, however, are common among historically socialist countries such as India or communist countries such as China. Yet, the United States’ recent actions stand in stark contrast to the trend in India and China, which have both been moving toward more capitalist …

Turkey's Accession To The Cisg: The Significance For Turkey And For Sales Transactions With U.S. Contracting Parties, William P. Johnson

All Faculty Scholarship

The United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force for Turkey on August 1, 2011. This article considers the significance of Turkey’s accession to the CISG as part of Turkey’s continuing engagement with systems of international trade, especially as relates to sales transactions with U.S. contracting parties. This article urges the Turkish bar to recognize that the CISG is a viable alternative to various potentially applicable bodies of domestic sales law, and the article offers some guidance regarding proper understanding and application of the CISG. This article also offers comparative analysis of some …

An “Information Literacy” Perspective Of The Creation/Evolution Debate, Terry Dwain Robertson

Andrews University Seminary Studies (AUSS)

No abstract provided.

The Myth Of The Solid Heavenly Dome: Another Look At The Hebrew, Randall W. Younker, Richard M. Davidson

Andrews University Seminary Studies (AUSS)

No abstract provided.

The Sabbath As Metaphor In The Second Century C.E., Robert Morris Johnston

Andrews University Seminary Studies (AUSS)

No abstract provided.

Practice Resurrection: A Conversation On Growing Up In Christ [Review] / Eugene H. Peterson, Jane Thayer

Andrews University Seminary Studies (AUSS)

No abstract provided.

The Creation Of The Soul, The Creation Of The Body: Dual Creations In Christian Tradition, Karen K. Abrahamson

Andrews University Seminary Studies (AUSS)

No abstract provided.

Let The Little Children Come: Toward A Seventh-Day Adventist Theology Of Childhood, Edyta Jankiewicz, Darius Jankiewicz

Andrews University Seminary Studies (AUSS)

No abstract provided.

Rite From The Very Beginnning: Rites Of Passage In Luke 1–4 And Their Function In The Narrative Of Luke-Acts, Teresa L. Reeve

Andrews University Seminary Studies (AUSS)

No abstract provided.

“The Lord's Day” Of Revelation 1:10 In The Current Debate, Ranko Stefanovic

Andrews University Seminary Studies (AUSS)

No abstract provided.

Tradition And Transformation In The Books Of Chronicles [Review] / Pancratius C. Beentjes, Jeffery P. Hudon

Andrews University Seminary Studies (AUSS)

No abstract provided.

In Tune With God [Review] / Lilianne Doukhan, Ken Parsons

Andrews University Seminary Studies (AUSS)

No abstract provided.

A Greek-Hebrew/Aramaic Two-Way Index To The Septuagint [Review] / T. Muraoka, Daniel M. Gurtner

Andrews University Seminary Studies (AUSS)

No abstract provided.