Digital Commons Network^™

Covenant Persuasion Lead To Constitutionalism – Neither Was Invented, Joseph Livni

Helm's School of Government Conference - 2021-2024

Constitutionalism is a conviction shared by people that a government must act in compliance with a dominant charter. So is covenantal persuasion. The covenant reflects statutes and traditions etched in a living covenantal practice. The practice cannot exist without the persuasion and the persuasion cannot exist without the practice. Elazar was one of the most prolific scholars of the covenantal model. There is one point were the paper diverges from Elazar. The paper discusses a mathematical model and other studies of the covenant practice demonstrating that such a practice involves a multitude of simultaneous vital conditions. That led to the …

What Is At Stake: Declaration Of The American Foundation, Dorien Porter

Helm's School of Government Conference - 2021-2024

No abstract provided.

The Death Penalty From A Christian Worldview, Haleigh Perkins

Helm's School of Government Conference - 2021-2024

The death penalty, a widely debated subject within the United States. It is important as Christians to consider a biblical standpoint when faced with these thought-provoking questions. With this being said, Romans became my first point of reference. Romans is particularly about how we as humans are born into sin, yet Jesus sent his son to set us free. Romans 12:17-19 reads, “Do not repay anyone evil for evil. Be careful to do what is right in the eyes of everyone. If it is possible, as far as it depends on you, live at peace with everyone. Do not take …

Eugenics Not Eradication: How People With Disabilities Have Lost The Right To Life, Ava Standish

Helm's School of Government Conference - 2021-2024

Disability-selective abortion stems from a eugenical philosophy not a hope of eradication. Disabilities cannot be eradicated because they are not diseases. Eugenics seeks to purify society from those who are considered “inferior” and to encourage the rate of births considered “superior.” Eugenics continues today through selective abortion of children with disabilities. These children deserve the right to life guaranteed by natural rights, human rights, and the laws of the United States. Children with disabilities, particularly Down Syndrome, have lost this right to life in the United States and abroad. In the United States, 67% of children with Down Syndrome are …

The Future Of Integrated Air And Missile Defense (Iamd) Against China, Carl Rehberg

Helm's School of Government Conference - 2021-2024

Over the last two decades, China's People's Liberation Army Rocket Force (PLARF) and other PLA entities have provided the Chinese Communist Party (CCP) with a complex array of offensive capabilities, focused primarily on the U.S., allies, and partners in the Pacific. There has been explosive growth in ballistic missiles, cruise missiles, supersonic cruise missiles, hypersonic weapons, HGVs, and other threats. These salvo attacks are explicitly designed to attack theater air bases, seaports, and other facilities critical to U.S. military operations. These PLA weapon systems undermine U.S. security assurances with its allies and partners. They could incentivize China to strike first …

More Than They Bargained For: Ab 257 And An Alternative Approach To Labor Law In California's Fast-Food Industry, Alex Reid

University of Cincinnati Law Review

No abstract provided.

When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation, Jennifer O'Rourke

University of Cincinnati Law Review

No abstract provided.

Whistleblower Protection Under The False Claims Act: Providing Former Employee Inclusion, Nathaniel Kinman

University of Cincinnati Law Review

No abstract provided.

Wading Through Troubled Waters: Inequities & Improprieties Of Stream Access Laws In The American West, Alexander Johnson

University of Cincinnati Law Review

No abstract provided.

The Common-Law Roots Of Materiality Under The False Claims Act, Noah Matthew Rich

University of Cincinnati Law Review

No abstract provided.

A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch

University of Cincinnati Law Review

Fraud is crippling government programs, such as Medicare and the military. The government’s primary enforcement tool is the False Claims Act (“FCA”), which not only requires that the defendant pay three times the amount of damages, but also mandates a civil penalty of not less than $5,000 and not more than $10,000 (with adjustments for inflation) per violation. Because civil penalties apply to each false claim, complex fraud schemes may result in a defendant being liable for hundreds or even thousands of civil penalties. This article analyzes when civil penalties (or a portion of treble damages) under the FCA violate …

All Hands On Deck: The Role Of Government Employees As Qui Tam Relators, Renée Brooker, Jaclyn S. Tayabji

University of Cincinnati Law Review

No abstract provided.

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Helm's School of Government Conference - 2021-2024

Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.

The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …

Pioneering The Field Of Deaf Women’S Studies, Genie Gertz, Arlene B. Kelly, Vicki Hurwitz

Society for American Sign Language Journal

This article is written by three Deaf women-scholars who pioneered Deaf Women’s Studies (DWS) about thirty plus years ago: the discipline arose from the need to explore the Deaf female experience (Kelly, 2016). Then, the 1990’s was when the DWS coursework was first developed and offered in American academia. To gain a greater understanding for DWS, the article begins by reviewing the emergence of both Black Studies and Women’s Studies as academic fields and how these were the impetus for DWS. A discussion about the Deaf women’s experiences during different periods of American history is given in detail. A brief …

Experiences With A Museum Exhibition On Deaf Women: Success And Room For Improvements, Meredith Peruzzi

Society for American Sign Language Journal

The creation of a permanent museum at Gallaudet University in 2007 constitutes a historic milestone in the Deaf community, showcasing Deaf people by understanding and embracing their diversity and differences. As with the larger society, the Deaf community has its share of people of color and those with additional disabilities. This article will show there are lessons to be learned on realizing and achieving a more inclusive exhibit. Subject to discussion is the exhibition on Deaf women that was found both impactful and challenging at the same time. It was in 2015 that an exhibition entitled Deaf HERstory was first …

Sticking Up For Sign Language: Historical Deaf Women In Action, Kathy Jankowski

Society for American Sign Language Journal

The attention to deaf women during an important part of United States history when oralism dominated the education of deaf children is sparse. This motivated the research undertaken for this paper questioning what role deaf women played and the strategies they adopted to promote deaf children’s sign language rights. A review of historical documents indicates that there are a number of deaf women who fought along with the rest of the deaf community against the oral only movement in the instruction of deaf children during the late nineteenth century and the beginning of the twentieth century. A number of recurring …

Divergence Or Destiny?: Comparing The Modern Conception Of Positive Rights To The Founders’ Conception Of Individual Rights, Jason M. Chahyadi

Helm's School of Government Conference - 2021-2024

This paper compares the American Founders’ theory of individual highlights and the current American fascination with enshrining positive rights into law. I begin my examination by analyzing the inspirations for both the Founding Theory of Rights and the Modern Theory of Rights, specifically the political theory of Locke and the Founders, the English tradition that the Founders embraced, and the structural details of the Constitution. After examining the roots of both theories of rights, I look at whether the two camps of thought can co-exist or are in conflict with each other. I conclude that while there may be a …

Limitation For Liberty, Riley Banker

Helm's School of Government Conference - 2021-2024

This paper examines how the foundational principals of life, liberty, and the pursuit of happiness are under attack in our nation today and demonstrates why protecting them through Federalism is so important.

The Polarization Of Political Parties And The American Republic, Patricia Cazeau

Helm's School of Government Conference - 2021-2024

In the modern age of the 24-hour news cycle and social media, misinformation is rampant, and tensions are high. With a constant barrage of information coming from either direction, political opinions grow in number, and often in opposition to one another. This widens the fissure between the two major political parties in America, the conservative Republican, and liberal Democratic parties. Based on a study of 11 countries, including the United States, political polarization threatens democracies by creating political “tribes” that subscribe to groupthink, a harmful ideology that uplifts one school of thought while condemning others. In addition to having violent …

A Religious Society Promotes A Flourishing Nation, Logan Marcotte

Helm's School of Government Conference - 2021-2024

Religion has its roots deep in every sector of society. Throughout history, governments have been established through religious societies and found their legitimacy based upon the principles found in those religions. Religious doctrine helps to shape government statutes, guide individuals in their journey of morality, and provide cultural cornerstones. Christianity has proven to endure time and testing while positively impacting culture. Without religion, a nation will crumble. This essay examines the correlation between thriving societies and religious freedom, and how a religious society leads to a prosperous nation.

Trade, Globalism, And The American System, Johnny B. Davis

Helm's School of Government Conference - 2021-2024

No abstract provided.

The Influences Of Montesquieu On American Ideals, Analeise E. Wasenius

Helm's School of Government Conference - 2021-2024

The ideologies of French philosopher, Charles de Secondat Baron de Montesquieu, played a prominent role in the founding of the American governmental system in the realm of Separation of Powers. Within his work, Spirit of Laws, he emphasizes the need for a government to separate executive, legislative, and judicial powers by the means of checks and balances. The Federalists support and uphold the idea of a “balanced democracy” within Federalist No. 47. In opposition, the Anti-Federalists describe in Anti-Federalist No. 46-47 their concerns regarding the responsibilities ensured by the separation of powers; they believe that the legislative branch should assume …

Swot Analysis - An In-Depth Look At The United Kingdom, Deborah Erioluwa Adeniji

Helm's School of Government Conference - 2021-2024

No abstract provided.

Christian Influence On Roman Natural Law In The Corpus Juris Civilis, Bryce Tenberg

Helm's School of Government Conference - 2021-2024

Few civilizations have influenced the contemporary world more than the Romans, and the same can be said regarding the field of law. Today, legal foundations throughout the West are built upon the Roman legal system, with the Code of Justinian—also known as the Corpus Juris Civilis—being arguably the most influential. This work compiled and simplified centuries of Roman law to ensure a more efficient jurisprudence, and due to its survival, it would form the foundation of the modern jurisprudence. However, at the same time this work was written, the empire had changed significantly with the adoption of Christianity. This …

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference - 2021-2024

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …

A Path To Achieve European Energy Security, Nicholas Wolf

Student Theses 2015-Present

The apparatus of Europe’s energy security has collapsed. The Russian Federation’s invasion of Ukraine, hydrocarbon market turmoil, and the ever-growing threat of climate change has thrust the continent into crisis. As the risks of severe recession, acute energy shortages, and climatic disasters have begun to materialize, the member states of the European Union (EU) have been left scrambling to secure novel energy supplies. In the short-term, these developments pose severe risks to the EU and its member states. Yet, opportunity often presents itself in the midst of hardship, and the European Energy Crisis of 2022 is no different. This essay …

The Taxation Of Interest Swaps And The Financial Service Charge: Toward A Consistent Approach, Yishai Beer

Florida Tax Review

This article deals with the inconsistent approach adopted by the U.S. tax system with regard to the administrative cost component of interest and its typical substitute "service charge." The combined effect of the general policy of nonbifurcation of the interest components with the formal requirements by which "interest" is recognized has distorted the tax system.

The following discussion deals with three applications of the suggested approach: reimbursement of a lender's expenses (Part II); commitment fees (Part III); and interest swaps (Part IV). Part IV does not deal with other interest notional contracts aimed at either reducing the borrowing cost of …

Reassessing Sales And Liquidations Of Partnership Interests After The Omnibus Budget Reconciliation Act Of 1993, James E. Tierney

Florida Tax Review

Subchapter K of the Internal Revenue Code has historically afforded considerable flexibility in determining the federal income tax consequences of the retirement or withdrawal of a partner from a partnership. In general, the departure of a partner can be structured either as a purchase of the retiring partner’s interest by the remaining partners or as a liquidation of the partner’s interest by the partnership. Although these two transactions are essentially similar in economic consequences, they have been governed by two separate sets of provisions in Subchapter K, often resulting in significantly different tax consequences. The sale of a partner's interest …

Schneer V. Commissioner: Continuing Confusion Over The Assignment Of Income Doctrine And Personal Service Income, Ronald H. Jensen

Florida Tax Review

This article will analyze the proper application of the assignment of income doctrine to personal service income. Part II will trace the historical development of the assignment of income doctrine and will analyze the doctrine's underlying rationale. The importance of distinguishing between gratuitous and nongratuitous assignments of income will be developed in this Part. Part III will present a number of hypothetical situations drawn from actual cases and rulings that involve the application of the doctrine to personal service income. This will both show the pervasiveness of the doctrine and lay the basis for further analysis. Part IV will demonstrate …

Horizontal And Vertical Equity: The Musgrave/Kaplow Exchange, Paul R. Mcdaniel, James R. Repetti

Florida Tax Review

Over the past several years, Professors Richard Musgrave and Louis Kaplow have engaged in an exchange over the question whether the concept of horizontal equity has any independent significance apart from vertical equity. Kaplow answers that question in the negative, Musgrave in the affirmative. The purposes of this comment are (1) to sort out the issues raised in the Musgrave-Kaplow exchange, and (2) to set forth a somewhat different perspective from which to view those issues.