Digital Commons Network^™

Flying Bishops, Women Clergy, And The Processes Of Change In The Anglican Communion, Gilbert M. Valentine

Andrews University Seminary Studies (AUSS)

No abstract provided.

Preaching Christ From Daniel [Review] / Sidney Greidanus, Zdravko Stefanovic

Andrews University Seminary Studies (AUSS)

No abstract provided.

Contextualization In World Missions: Mapping And Assessing Evangelical Models [Review] / A. Scott Moreau, Bruce Campbell Moyer

Andrews University Seminary Studies (AUSS)

No abstract provided.

Ethical Issues In Faith-Based Ngos: A Cross Cultural Perspective, Annetta M. Gibson, Charles H. Tidwell Jr.

Andrews University Seminary Studies (AUSS)

No abstract provided.

Celebrating A Century Of Ecumenism: Exploring The Achievements Of International Dialogue [Review] / John A. Radano, Ed., Denis Fortin

Andrews University Seminary Studies (AUSS)

No abstract provided.

John Wesley’S Teachings (Vols 1-4) [Review] / Thomas C. Oden, Russell L. Staples

Andrews University Seminary Studies (AUSS)

No abstract provided.

United States Of America: The Burden Of Proof In Tax Matters, Henry Ordower

All Faculty Scholarship

This United States report responds to a questionnaire that the general reporters prepared for the 2011 meeting of the European Association of Tax Law Professors in Uppsala, Sweden, June 3-5, 2011. The report describes and analyzes the U.S. law on burden of proof and burden of production in tax matters in the context of tax law procedure, including the settlement function of appeals and information reporting, uncertain tax positions (Form UTP) and foreign accounts of U.S. taxpayers. This report also addresses the interplay of burden of proof and the anti-abuse provisions, including the “economic substance” clarification in section 7701(o) and …

The Impact Of Gender On Negotiation Performance, Charles B. Craver

GW Law Faculty Publications & Other Works

Individuals occasionally assume that women cannot negotiate as effectively as men, and when persons in positions of authority have such thoughts, it may induce them to discriminate against women when making employment decisions. In this article we explore the way in which men and women interact with others and the possible impact of behaviorial differences on negotiation performance. I describe how my Legal Negotiation course is taught, and compare the results achieved by men and women on the negotiation exercises assigned in my course. Over the past sixteen years, I have not had a single year in which there has …

Deferred Prosecutions And Corporate Governance: An Integrated Approach To Investigation And Reform, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

When evaluating how to proceed against a corporate investigative target, law enforcement authorities often ignore the target’s governance arrangements, while subsequently negotiating or imposing governance requirements, especially in deferred prosecution agreements. Ignoring governance structures and processes amid investigation can be hazardous and implementing improvised reforms afterwards may have severe unintended consequences—particularly when prescribing standardized governance devices. Drawing, in part, on new lessons from three prominent cases—Arthur Andersen, AIG and Bristol-Myers Squibb—this Article criticizes prevailing discord and urges prosecutors to contemplate corporate governance at the outset and to articulate rationales for prescribed changes. Integrating the role of corporate governance into prosecutions …

Functional Government In 3-D, Robert L. Glicksman, Alejandro E. Camacho

GW Law Faculty Publications & Other Works

The creation of new administrative agencies and the realignment of existing governmental authority are commonplace and high-stakes events, as illustrated by the recent creation of the Department of Homeland Security after 9/11 and of new financial regulatory agencies after the global recession of 2009. Scholars and policymakers have not devoted sufficient attention to this subject, failing to clearly identify the different dimensions along which government authority may be structured or to consider the relationships among them. Analysis of these institutional design issues typically also gives short shrift to whether authority should be allocated differently based on agency function. These failures …

Competition Agencies With Complex Policy Portfolios: Divide Or Conquer?, William E. Kovacic, David A. Hyman

GW Law Faculty Publications & Other Works

Antitrust law has been adopted by 120 jurisdictions worldwide. In more than half of these jurisdictions, the agency charged with enforcing antitrust law also has other responsibilities. The assignment of multiple regulatory tasks can affect the performance of a competition agency in complex and subtle ways. We present a framework for analyzing the consequences of creating public bodies with complex policy portfolios. Using examples from across the administrative state, we analyze the forces that shape the content of an agency’s policy duties, and how the portfolio of assigned duties affects the way an agency approaches its assigned tasks, and its …

Letting Nature Work In The Pacific Northwest: A Manual For Protecting Ecosystem Services Under Existing Law, Robert L. Glicksman, Robert W. Adler, Daniel J. Rohlf, Robert R.M Verchick, Yee Huang

GW Law Faculty Publications & Other Works

In the decades since Congress and state legislatures passed most of the nation's most significant environmental laws, our knowledge about ecosystems has increased dramatically. As ecologists learn more about the complex and dynamic interactions that produce valuable ecosystem services, decisionmakers and advocates should adopt an ecosystem services approach to implementing laws that affect the environment. An ecosystem services approach integrates advances in ecology with the law. It fosters creative thinking about how to restructure laws and regulatory programs to mimic the connectedness of ecosystem functions. The approach requires performance-based evaluations to measure success or failure of management decisions, and it …

What A Difference A Year Makes: The International Court Of Justice's 2012 Jurisprudence, Sean D. Murphy

GW Law Faculty Publications & Other Works

An analysis of any particular decision of the International Court of Justice sometimes misses broader, cross-cutting themes that animate the Court’s jurisprudence. This essay, prepared for an April 2013 symposium at the European University Institute, Robert Schuman Centre for Advanced Studies, in Florence, explores a few of the themes that emerged from the Court’s 2012 jurisprudence. First, notwithstanding the development of treaty regimes across a broad array of international law, there remains an enduring relevance of customary international law and general principles of law as sources of international law. Second, when identifying rules of customary international law, there is an …

Hostess And The Search For Workplace Dignity, Michael Selmi

GW Law Faculty Publications & Other Works

This symposium essay uses the recent bankruptcy filing by Hostess, which was prompted by the refusal of workers to take additional pay cuts to keep the company afloat, to explore the issue of workplace dignity. The Hostess bakery workers, I suggest, took a stand that proclaimed that employers could not assume that workers would do anything to keep their jobs, that some jobs were not worth having or keeping, particularly when the company had repeatedly failed to provide required pension payments to its workers. I also discuss the various ways in which consumers can seek to influence employment policies, though …

Who Should Determine Whether An Agency’S Explanation Of A Tax Rule Is Adequate?, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This essay is Professor Pierce’s contribution to the annual Duke Law Journal symposium on administrative law. The topic of this year’s symposium is “Taking Administrative Law to Tax.” The other participants in the symposium make three main points: (1) IRS and Treasury have long engaged in practices that are inconsistent with the APA, specifically including issuance of legislative rules without complying with the notice and comment procedure described in APA section 553; (2) courts should require IRS and Treasury to comply with the APA; and, (3) several opinions issued by the Supreme Court in recent years suggest that courts are …

Digital Planning: The Future Of Elder Law, Naomi R. Cahn

GW Law Faculty Publications & Other Works

More than half of individuals over the age of 65 use the Internet or e-mail — and they are a fast-growing population on the Internet. Like most people, however, they have probably not considered how to dispose of their digital life if they become incapacitated or when they die, even though they are in the most likely age group to have drafted a will. Indeed, even if they do engage in planning, they cannot be confident that their wishes will be carried out: only a few states have laws covering probate and digital assets, there is no generally accepted method …

§ 5:33 Waiver Of Privilege — Voluntary Disclosure Or Failure To Claim, Laird Kirkpatrick, Christopher B. Mueller

GW Law Faculty Publications & Other Works

Evidence subject to the attorney-client privilege is protected against compelled discovery or disclosure. However, the privilege can be waived if the client who holds the privilege (or the attorney acting on his behalf) fails to claim the privilege or voluntarily discloses the subject matter of the privileged communication. This Section discusses the law governing privilege waiver by voluntary disclosure or failure to claim the privilege.

§ 5:35 Fed. R. Evid. 502--Limitations On Waiver Of Privilege And Work Product Immunity, Laird Kirkpatrick, Christopher B. Mueller

GW Law Faculty Publications & Other Works

In their first twenty years (1975-1995), the federal rules of evidence changed little. However, changes have accelerated since 1993, with creation of the Evidence Rules Advisory Committee which meets regularly and proposes changes to the rules almost every year. One change, which grew out of the work of a special committee, was the addition of an entirely new provision, Rule 502, which governs waiver of attorney-client privilege. This rule became law in 2008 through congressional enactment (privilege rules must be passed by Congress in order to take effect). Sections 5:35 discusses this new provision. Under "Attorney-Client Privilege and Work Product; …

§ 5:10 Potential Constitutional Limitations On Claims Of Privilege — The Constitutional Right To Produce Evidence, Laird Kirkpatrick, Christopher B. Mueller

GW Law Faculty Publications & Other Works

Generally under the law a litigant is entitled to every person's evidence in order to pursue a claim or defense. A primary exception to this rule is where the evidence is privileged and hence protected from compelled disclosure. However, even privileged evidence can be compelled to be disclosed in some circumstances, such as where it is critical exculpatory evidence needed by a criminal defendant. This Section discusses the conflict between the law of privilege and a criminal defendant's constitutional right to produce evidence in his defense.

The World Is Not Flat: Conference Planning And Presentation As Part Of A Multidimensional Understanding Of Scholarship, Iselin Magdalene Gambert, Karen Thornton, Amy R. Stein

GW Law Faculty Publications & Other Works

Scholarship. For many academics, the word is filled with a combination of excitement, anticipation, obligation, and dread. Academics are expected to reliably produce scholarship, much like sculptors are expected to produce art, baristas cappuccinos, and stockbrokers profits. While “scholarship” has perhaps traditionally been viewed as strictly words on a page, some scholars view it to be a multidimensional enterprise, something that encompasses the many aspects of the life of a scholar. The idea of scholarship as comprising more than just the generation of a tangible written product is taken up in Maksymilian Del Mar’s Living Legal Scholarship, which asserts “five …

Judicial Innovations To Screen Eyewitness Identifications, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article explains how, in State v. Lawson, 291 P.3d 673 (Or. 2012), the Oregon Supreme Court reconsidered the role trial judges must play in screening eyewitness identification. The court recognized the shortcomings of eyewitness evidence, including a high number of wrongful convictions stemming from misidentification, but also recognized that eyewitness identification may be the only evidence connecting a guilty defendant to a crime. In weighing eyewitness identification admissibility questions, Oregon Evidence Code rules (similar to their Federal Rule of Evidence counterparts) 401, 602 and 701 all must be considered by the trial judge.

La Serreta Endokarst (Se Spain): A Sustainable Value?, Antonia D. Asencio, Teodoro Espinosa

International Journal of Speleology

La Serreta endokarst (SE Spain), which UNESCO declared a World Heritage Site in 1998, was considered a sanctuary with cave art and one of the most important archaeological sites in the Mediterranean region for both the remains it hosts and the spectacular karstic landscape at the site.

To coincide with the 40th anniversary of its discovery, the La Serreta cave-chasm was adapted for public use with the intention of showing visitors the remains, which date back to prehistoric times. The solution included attempts to minimize contact with the valuables in the cave in order to alter the existing remains as …

Front Cover

International Journal of Speleology

No abstract provided.

With Great Power Comes Great Responsibility: Proposed Principles Of Digital Due Process For Ict Companies, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

Information and Communications Technology (ICT) companies like Google/YouTube, Facebook, Yahoo, and Twitter are in control of an enormous amount of expression on the Internet. More so than any individual country, these companies are responsible for making decisions with regard to a vast amount of Internet expression. They host billions of pages of Internet content, while responding on a daily basis to countless requests from countries and individuals around the world to take down content that is deemed objectionable or illegal. These powerful ICT companies have become the de facto sovereigns of cyberspace, with the power to balance freedom of expression …

Print To Pixel: How Can The Cultural Implications Of Mediated Images And Text Be Examined Using Creative Practice?, Patricia Adele Thomas

Theses: Doctorates and Masters

Information in the twenty-first century is at our fingertips in an instant. Through the technology of the mobile phone, computer, and television, we are alerted to information of international, national, local, and personal significance. The aim of this research is to establish that creative practice can provide a cogent forum with which to interrogate the cultural implications of mediated images and text in the twenty first Century. This exegesis Print to pixel explores the interrelationship between the political and cultural values as identified in the various codes within western mainstream news media. The cultural implications of the shift from print …

Discovery Of New Biomarkers Of Mild Cognitive Impairment And Alzheimer's Disease Risk In Buccal Cells Using Laser Scanning Cytometry, Maxime Francois

Theses: Doctorates and Masters

Previous studies have shown that mild cognitive impairment (MCI) may reflect the early stages of more pronounced neurodegenerative disorders such as Alzheimer’s disease (AD). In clinical practice, patients with AD are not usually identified until the disease has progressed to a stage when primary prevention is no longer possible. Therefore there is a need for a minimally invasive and inexpensive diagnostic to identify those who exhibit cellular pathology indicative of MCI and AD risk so that they can be prioritised for primary prevention. Human buccal cells are accessible in a minimally invasive manner, and exhibit cytological and nuclear morphologies that …

An Exploratory Examination Of The Factors Influencing Indonesian Sme's Sustainability Practices In The Textile And Chemical Industries, Bulan Prabawani

Theses: Doctorates and Masters

All firms have an impact on the environment in which they operate, for example in the exploration and processing of environmental resources to make a profit. Manufacturing firms, in particular have the potential to pollute the environment with dangerous liquid and solid wastes. Small and medium sized enterprises (SMEs) make a significant contribution to the global economy in both developing and developed countries. Individually, SMEs appear to have little environmental impact, but accumulatively, they have a considerable impact, not only economically but also environmentally. However, managing environment impact is not usually core business for SMEs.

SMEs often suffer from a …

Herbivory By Parma Mccullochi (Pomacentridae) : Its Role As An Ecosystem Engineer In Temperate Algal-Dominated Reefs, Frederico Vitelli

Theses: Doctorates and Masters

Pomacentridae is one of the most representative families of herbivorous fishes inhabiting both tropical and temperate reefs, yet the vast majority of studies examining feeding within this family have been undertaken in tropical rather than temperate regions. Despite the high abundances of the pomacentrid Parma mccullochi in temperate waters of Western Australia, and their likely importance in removing algae from reefs in the region, there is a lack of information on their diet and their impact on the reef algal community. This study aims to determine the role of Parma mccullochi as an ecosystem engineer on temperate algal-dominated reefs in …

Portraits Of Middle Eastern Gulf Female Students In Australian Universities, Susan Delahunty

Theses: Doctorates and Masters

This research explores the experiences and insights of ten Middle Eastern Gulf women as they cross international borders to study in Australian universities. The literature indicates that international students in Australia establish their identity within the context of their overseas existence. This is particularly important as Muslims may feel they are being placed in a precarious situation due to, more often than not, terrorism being linked to Islam. Also, when Muslim women wear Islamic or traditional attire, the general public tends to look upon them with curiosity. With this in mind, the complex and changed contexts faced by ten Middle …

Effectiveness Of Teacher Professional Learning : Enhancing The Teaching Of Fractions In Primary Schools, Derek Hurrell

Theses: Doctorates and Masters

This study was motivated by the need to develop professional learning for primary school teachers that would support them to more effectively teach the mathematics topic of fractions. What seemed evident, was that previous professional learning attended by teachers had not adequately met their needs.

The aim of this study was to investigate whether professional learning, with a focus on subject content knowledge, pedagogical knowledge and reflective practice could enhance primary school teachers’ PCK for teaching fractions and make them more confident teachers of fractions. Demonstrating this to be the case would have wide implications for the development of professional …