Digital Commons Network^™

Advanced Accounting: Framework & Special Reporting, Christopher M. Fairchild

Syllabus Repository

No abstract provided.

Federal Taxation Ii, Natasha Ware

Syllabus Repository

No abstract provided.

Auditing, Natasha Ware

Syllabus Repository

No abstract provided.

Intro To The Bible, Melissa Archer

Syllabus Repository

No abstract provided.

Life Of Christ, Paul N. Van Der Laan

Syllabus Repository

No abstract provided.

Life Of Christ, Steelman Library

Syllabus Repository

No abstract provided.

Biblical Hermeneutics, Kenneth J. Archer Dr.

Syllabus Repository

No abstract provided.

Biblical Hermeneutics, Unknown N/A

Syllabus Repository

No abstract provided.

Biblical Hermeneutics, Camilla Belfon

Syllabus Repository

No abstract provided.

Prescriptions For Ethical Blindness: Improving Advocacy For Indigent Defendants In Criminal Cases, Tigran W. Eldred

Faculty Scholarship

The reasons criminal lawyers so often fail to provide adequate legal representation to indigent defendants are well-­known: severe underfunding, excessive workloads, and other disincentives for competent representation work together to encourage quick disposition of cases, with little regard for the quality of legal services that are provided. Yet, largely overlooked in this equation is whether defense lawyers who provide subpar representation are aware of their own shortcomings. To answer this question, this Article focuses on the psychology of ethical decision making. Relying on research that reveals the subtle ways that self-­interest can cause people to overlook unethical behavior, it argues …

Hunting Stag With Fly Paper: A Hybrid Financial Instrument For Social Enterprise, Dana Brakman Reiser, Steven A. Dean

Faculty Scholarship

Social entrepreneurs and socially motivated investors share a belief in the power of social enterprise: ventures that pursue a "double bottom line" of profit and social good. Unfortunately, they also share a deep mutual suspicion. Recognizing that social ventures-just like traditional for-profit and nonprofit enterprises-need capital to flourish, this Article offers a financing tool to transform that skepticism into commitment. Unlike the array of new entities that have emerged in recent years-including L3Cs, benefit corporations, and flexible purpose corporations-the hybrid financial instrument this Article describes provides a robust and transparent solution to the puzzle that lies at the heart of …

Recent Developments In Third-Party Funding, Victoria Sahani

Faculty Scholarship

This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …

The Paradox Of Legal Equivalents And Scientific Equivalence: Reconciling Patent Law's Doctrine Of Equivalents With The Fda's Bioequivalence Requirement, Janet Freilich

Faculty Scholarship

Contrary to popular perception, generic drugs often enter the market before the patents covering their brand name counterparts have expired by making slight changes to the drug to avoid the brand name patent. These generics face a paradox: the U.S. Food and Drug Administration (FDA) requires that the generic "not show a significant difference" from the reference product, while patent law requires that the generic have "substantial differences" as compared to the reference product. The generic must be bioequivalent, but not legally equivalent, to the brand name drug. This paradox occurs frequently in the courts but has never been discussed …

Introduction To The Special Issue On The Arab Spring, Ayodeji Kamau Perrin

Faculty Scholarship

What quickly became known as the "Arab Spring" is a series of protest movements, reform movements, and revolutions (some bloody and some relatively "bloodless") that has been ongoing for more than two years in the majority-Muslim world of the Middle East and North Africa. Arab Spring recalls both the European Revolutions of 1848, dubbed the "Springtime of the Peoples," as well as the Prague Spring of 1968. And the events have drawn comparisons to the post-Soviet revolutions of 1989. The compilation of essays contained in this Special Issue of the Journal of International Law reflects on these events from a …

Motivation Matters: Guideline 10.13 And Other Mechanisms For Preventing Lawyers From Surrendering To Self-Interest In Responding To Allegations Of Ineffective Assistance In Death Penalty Cases, Tigran W. Eldred

Faculty Scholarship

Defense lawyers whose clients are sentenced to death are virtually guaranteed to be accused of ineffective assistance of counsel. The question is how they will respond. On one hand, lawyers alleged to be ineffective are obligated under Guideline 10.13 of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases to continue to safeguard the interests of their former clients, a duty that includes full cooperation in appropriate legal strategies chosen to pursue the ineffectiveness claim. On the other hand, lawyers who are accused of ineffectiveness often react defensively to the allegation, reflexively …

The Case For Online Obscurity, Woodrow Hartzog, Frederic Stutzman

Faculty Scholarship

On the Internet, obscure information has a minimal risk of being discovered or understood by unintended recipients. Empirical research demonstrates that Internet users rely on obscurity perhaps more than anything else to protect their privacy. Yet, online obscurity has been largely ignored by courts and lawmakers. In this Article, we argue that obscurity is a critical component of online privacy, but it has not been embraced by courts and lawmakers because it has never been adequately defined or conceptualized. This lack of definition has resulted in the concept of online obscurity being too insubstantial to serve as a helpful guide …

“Rugged Vaginas” And “Vulnerable Rectums”: The Sexual Identity, Epidemiology, And Law Of The Global Hiv Epidemic, Aziza Ahmed

Faculty Scholarship

AIDS remains amongst the leading causes of death globally. Identity is the primary mode of understanding HIV and organizing in response to the HIV epidemic. In this Article, I examine how epidemiology and human rights activism co-produce ideas of identity and risk. I call this the "identity/risk narrative ": the commonsense understanding about an identity group's HIV risk. For example, epidemiology offers the biological narrative of risk: anal sex and the weak rectal lining make men who have sex with men more vulnerable to HIV; while the fragility of a woman's vaginal wall provides a biological foundation for women's vulnerability. …

Geography And Justice: Why Prison Location Matters In U.S. And International Theories Of Criminal Punishment, Steven Arrigg Koh

Faculty Scholarship

This Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment. Strangely, scholarly literature overlooks criminal prison designation procedures—the procedures by which a court or other institution designates the prison facility in which a recently convicted individual is to serve his or her sentence.

This Article identifies this gap in the literature—the prison location omission—and fills it from three different vantage points:

(1) U.S. procedural provisions governing prison designation;

(2) international procedural provisions governing prison designation; and

(3) the relationship between imprisonment and broader theories of criminal punishment.

Through comparison of …

San Ildefonso Pueblo Tribal Court Handbook (2013), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Qualified Conservation Restrictions: Recollections Of And Reflections On The Origins Of Section 170(H), Theodore S. Sims

Faculty Scholarship

It has been over thirty years since Congress added to the Internal Revenue Code section 170(h), which allows a deduction for contributions to charity of “qualified conservation restrictions,” commonly known as “conservation easements”. That provision was adopted over the objections of the Treasury, who had expressed reservations of both a conceptual and practical nature about the legislation, which the Treasury viewed as more than ordinarily vulnerable to abuse. I was invited to participate in this symposium, not because I have any expertise in working with these restrictions—I don’t—but to provide some perspective on what might have motivated the Treasury thirty-plus …

Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle K. Citron, David Gray

Faculty Scholarship

In his insightful article, "The Dangers of Surveillance," 126 Harvard Law Review 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work; we, therefore, recommend that judges, legislators, and executives focus, instead, on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate …

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert Seibel

Faculty Scholarship

Although historically slow to change, law schools are now facing enormous pressure from educators, students, lawyers, judges, clients, and the public to rethink legal education and the lawyer‘s role in society. Now more than ever, there is robust national debate on the threshold contributions law schools should make to the preparation of law graduates for entry into practice. The clamor for reform in legal education is precipitated by a confluence of factors, including new insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the …

Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Nicole Huberfeld, Elizabeth Weeks Leonard, Kevin Outterson

Faculty Scholarship

Of the four discrete questions before the Court in National Federation of Independent Business v. Sebelius, the Medicaid expansion held the greatest potential for destabilization from both a statutory and a constitutional perspective. As authors of an amicus brief supporting the Medicaid expansion, and scholars with expertise in health law who have been cited by the Court, we show in this article why NFIB is likely to fulfill that promise.

For the first time in its history, the Court held federal legislation based upon the spending power to be unconstitutionally coercive. Chief Justice Roberts’ plurality (joined for future voting purposes …

Examining Religion And Spirituality As Diversity Training: A Multidimensional Look At Training In The American Psychological Association, Michael J. Vogel, Mark R. Mcminn, Mary A. Peterson, Kathleen Gathercoal

Faculty Publications - Doctor of Psychology (PsyD) Program

What sort of psychotherapeutic approaches might work well with a client who identifies as Muslim, and would they be different from what might work well with a client who identifies as Christian, a client who identifies as atheistic, or client who identifies as Buddhist? Despite ethical commitments to religiosity and spirituality training, it seems that most training programs in professional psychology have neglected to incorporate content from these areas of diversity into their curricula. The current study evaluated religious and spiritual diversity training in both APA-accredited doctoral programs and predoctoral internships, garnering the perspectives of 292 students, interns, faculty, and …

Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann

Faculty Scholarship

Illinois Supreme Court Justice Seymour F. Simon (1915-2006) would have filled the stereotype of the righteous man in Jewish lore. He was a man of principle, communicated those principles in an insistent tone to anyone who would listen, worked hard to further the cause of justice and earned a reputation as a committed public servant. Justice Simon served as Justice of the Illinois Supreme Court from 1980-1988 after having served on the Illinois Appellate Court from 1974-1980. Before winning election to the courts, Justice Simon was a politician, serving, inter alia, as an alderman in the City of Chicago and …

Spiritual Formation Training In The George Fox University Graduate Department Of Clinical Psychology, Mark R. Mcminn, Marie-Christine Goodworth, Joshua Shea Borrelli, Brian Lee Goetsch, Jessica Lee, Jens Uhder

Faculty Publications - Doctor of Psychology (PsyD) Program

Spiritual formation training in the George Fox University Graduate Department of Clinical Psychology is described. An evangelical Quaker institution, the ethos of George Fox University is intended to foster experiential spiritual development and reflective self-awareness. In a 2008 curriculum revision the faculty attempted to strengthen the experiential dimensions of spiritual formation training even at the risk of reducing training in more academic dimensions of theology and integration. A 2013 program evaluation solicited student and alumni perspectives on the effectiveness of the spiritual formation training they received. Results of the program evaluation suggest areas for future development.

Spiritual Formation Among Doctoral Psychology Students In Explicitly Christian Programs, Laura K. Fisk, Marcel H. Flores, Mark R. Mcminn, Jamie D. Aten, Peter C. Hill, Theresa Clement Tisdale, Kevin S. Reimer, Vickey Maclin, Winston Seegobin, Kathleen Gathercoal

Faculty Publications - Doctor of Psychology (PsyD) Program

How does training in an explicitly Christian doctoral program in clinical psychology affect students' faith development? Two studies are reported that consider students' locus of control, spiritual perceptions, and religious behaviors over the course of training. The first study involved 157 students from 5 doctoral programs who completed questionnaires at the beginning and end of an academic year. A number of changes were reported from the beginning to the end of the year, including increased internal locus of control, decreased awareness of God. decreased church attendance, and decreased ratings on the importance of religion. A number of differences between cohorts …

Greensboro And Beyond: Remediating The Structural Sexism In Truth And Reconciliation Processes And Determining The Potential Impact And Benefits Of Truth Processes In The United States, Peggy Maisel

Faculty Scholarship

Over the last 35 years approximately forty truth commissions have investigated human rights violations and abuses in a wide range of countries and communities. Each of these forty commissions provides different lessons on how investigating and testifying about past abuse can lead to healing and change. I have participated in two of the more remarkable Truth and Reconciliation processes, the first as an observer, the other as an advisor. The former is perhaps the most widely known and discussed TRC process, the one which took place in South Africa from 1996 to 1998 that examined the entire apartheid era in …

Small Business Disaster Assistance, Peggy Maisel, Natalie Roman

Faculty Scholarship

When a disaster hits, it affects the entire community. A small business is especially vulnerable because it does not necessarily have the resources to respond to a disaster or to catastrophic damage. In fact, it is reported that approximately 25 percent of small businesses that close due to a disaster never reopen, and 40 percent of small businesses hit directly by a serious natural disaster do not recover. This is true regardless of what kind of disaster is involved, from a hurricane, a tornado, an earthquake, flooding, winter storms, or even civil unrest or terrorism.
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Intellectual Functioning And Multi-Dimensional Attentional Processes In Long-Term Survivors Of A Central Nervous System Related Pediatric Malignancy, Robert W. Butler, Diane L. Fairclough, Ernest R. Katz, Anne E. Kazak, Robert B. Noll, Ryan D. Thompson, Olle Jane Z. Sahler

Faculty Publications - Doctor of Psychology (PsyD) Program

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