Digital Commons Network^™

Foreign Sovereign Immunity And Comparative Institutional Competence, Adam S. Chilton, Christopher A. Whytock

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No abstract provided.

The Rit Sdn Testbed And Geni, Bruce Hartpence

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Software Defined Networking (SDN) is an innovative approach to network construction, configuration and monitoring. While it is relatively new (most of the ground work was completed in Stanford circa 2008) it is transforming our thinking regarding communication architectures. SDN leverages several other technologies such as virtualization and integrates virtual and traditional networks. It is critical that researchers in the communication and networking spaces understand, utilize and finally experiment with SDN based topologies, whether they be local testbeds or remote general computing facilities. RIT does not possess many non-production switches or routers capable of communicating via OpenFlow, the devices must be …

Best Practices For Conducting Evaluations Of Sign Language Animation, Matt Huenerfauth, Hernisa Kacorri

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Automatic synthesis of linguistically accurate and natural-looking American Sign Language (ASL) animations would make it easier to add ASL content to websites and media, thereby increasing information accessibility for many people who are deaf. Based on several years of studies, we identify best practices for conducting experimental evaluations of sign language animations with feedback from deaf and hard-of-hearing users. First, we describe our techniques for identifying and screening participants, and for controlling the experimental environment. Finally, we discuss rigorous methodological research on how experiment design affects study outcomes when evaluating sign language animations. Our discussion focuses on stimuli design, effect …

The Relationship Between Tooth Size Discrepancy And Archform Classification In Orthodontic Patients, Gerard O'Mahony, Declan T. Millett, Michael S. Cronin, Mark K. Barry, Grant T. Mcintyre

Articles

Background

To determine the relationship between clinically significant tooth size discrepancies (TSD) and archform classification in orthodontic patients.

Material and Methods

Eighty teeth with artificial white spot lesions were randomly divided into four groups: (A) distilled and deionized water, (B) Nd:YAG laser, (C) CPP-ACP crème, & (D) CPP-ACP plus laser. SMH was measured using Vickers diamond indenter in Vickers Hardness Number (VHN). Two samples of each group were analyzed using scanning electron microscope (SEM). The results were analyzed with the SPSS 17/win.

Results

Reproducibility of the classification of archform was very good (unweighted Kappa statistic of 0.83 with a 95% …

Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel

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No abstract provided.

Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller

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Medicaid is the need-based government program that pays for much of the health care for the poor in the United States. Medicaid often ends up paying the costs of nursing home care for middle-class seniors who have descended into poverty as a result of the high costs of such care. For married couples, Medicaid requires a “spend down” of both spouses’ assets before one spouse can qualify for Medicaid support. This Article posits that, unless the law is changed, divorce may well become standard Medicaid planning practice in many circumstances. This will be especially true for middle and upper-middle-class married …

The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel

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The Supreme Court's decision in Obergefell v. Hodges in June 2015 provided a dramatic turn in America's ongoing debate over same-sex marriage. Justice Kennedy's opinion speaks in emotionally evocative terms about the compelling societal and personal significance of marriage, holding that the right to marry is a fundamental right under the Fourteenth Amendment, a right that extends to same-sex couples. Justice Kennedy's rhetoric about the importance of marriage is noteworthy, even curious, given marriage's steady decline over the past 50 years. Just when it seemed that marriage was losing its significance in our society-because marriages are more easily ended, because …

Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover

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In this Article, I offer a new framework to illuminate how American faith in the Constitution is sustained over time. I build upon the evocative Passover story of the Four Sons—one of whom is wise, one wicked, one simple, and one who does not know how to ask—and argue that these archetypes resonate deeply in the constitutional context. I identify the “wise sons” of the American constitutional community—the legal elites who maintain the vitality of the constitutional faith through a fastidious, intergenerational, yet somewhat detached analysis of the intricacies of law; the “simple sons”—the People writ large, who relate to …

Materiality And A Theory Of Legal Circularity, Wendy Gerwick Couture

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This Article argues that the materiality doctrine, which lies at the heart of securities fraud, has the potential to operate as a self-fulfilling prophecy. This Article labels this phenomenon "legal circularity." In order to place the potential legal circularity of materiality in context among the various other legal doctrines that share this potential, this Article proposes a two part Theory of Legal Circularity. First, this Article proposes the following Legal Circularity Test to identify potentially circular doctrines: A legal doctrine is potentially circular if: (1) the legal doctrine incorporates the behavior or attitude of a population or person, either hypothetical …

Professor Alan R. Bromberg And The Scholarly Role Of The Treatise, Wendy Gerwick Couture

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No abstract provided.

False Statements Of Belief As Securities Fraud, Wendy Gerwick Couture

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No abstract provided.

Making "Conservation" Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long

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During the New Deal, as part of a larger effort implementing Progressive Era "conservation" regimes, the federal government authorized the structurally-invasive Flood Control Act of 1936. At the same time, the Standard State Soil Conservation Districts Law promoted the creation of local, place-based efforts to protect or restore locally-valued resources. "Conservation" thus came to signify both the invasive, structural, engineering approach of mid-20th Century flood control, and the local, more responsive and flexible nature of soil conservation districts. But our understandings of our place in the natural world have changed subtly but significantly over the past century. Any legitimate natural …

Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel

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In the last generation, American parenting norms have shifted dramatically, reflecting a near obsession with child safety and especially the risk of stranger abduction. A growing body of literature shows, however, that the threats to children are more imagined than real, and that the effort to protect children from these "bogeymen" may be doing more harm than good. Advocates of "Free-Range" parenting argue that giving children a long leash can help them learn responsibility, explore the world outside, get physical exercise, and develop self-sufficiency. But the state, usually acting through Child Protective Services (CPS), is likely to second-guess parents' judgments …

The Status Of Nonstatus, Geoffrey Heeren

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Millions of unauthorized immigrants in the United States have no legal immigration status and live in constant fear of deportation. There are millions more who do have some sort of status, like lawful permanent residency, asylum, or a nonimmigrant visa. In between is the netherworld of nonstatus. Here live noncitizens who possess government documentation but few rights. They have no pathway to lawful permanent residence or citizenship and cannot receive most public benefits. If nonstatus is denied or revoked by a prosecutor or bureaucrat, there is no right to a hearing or an appeal. If the Executive Branch discriminates in …

Civic Education, The Rule Of Law, And The Judiciary: A Republic, If You Can Keep It, Donald L. Burnett Jr.

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No abstract provided.

Dodging The Taxman: Why The Treasury's Anti-Abuse Regulation Is Unconstitutional, Linda Jellum

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To combat abusive tax shelters, the Department of the Treasury promulgated a general anti-abuse regulation applicable to all of subchapter K of the Internal Revenue Code of 1986. The Treasury targeted subchapter K because unique aspects of the partnership tax laws-including its aggregate entity dichotomy-foster creative tax manipulation. In the anti-abuse regulation, the Treasury attempted to "codify" existing judicially-created anti-abuse doctrines, such as the business-purpose and economic-substance doctrines. Also, and more surprisingly, the Treasury directed those applying subchapter K to use a purposivist approach to interpretation and to reject textualism.

In this article, I demonstrate that the Treasury exceeded both …

The Constitution, Desegregation, And Public Opinion: Swan V. Charlotte-Mechlenburg Board Of Education, James L. Hunt

Articles

The first three words of the preamble to the Constitution are "We the People." Yet the vast majority of constitutional scholarship is limited to the opinions of judges, lawyers, law professors, and other political and economic elites. This article takes a different approach to constitutional understanding. It describes the legal thoughts of the citizens for whom the Constitution exists. It does so through an analysis of the public's reaction to the federal court decisions in Swann v. Charlotte-Mecklenburg Board of Education, a desegregation case. The lead attorney for the Swann plaintiffs was Julius LeVonne Chambers, an alumnus and future …

Keeping Track Of Conservation, Jessica Owley

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Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected. …

Deterring Both Spur-Of-The-Moment And Carefully Planned Corporate Crimes, Robert Eli Rosen

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No abstract provided.

The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles C. Jalloh

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This article examines the role of non-governmental organizations (NGOs) in advancing international criminal justice. I argue that NGOs have had considerable impact by contributing, among other things, to the global struggle against impunity through advocacy for the creation of more robust institutional mechanisms to prosecute those who perpetrate such crimes. This ranges from supporting the processes that led to the creation of several ad hoc international tribunals for Yugoslavia, Rwanda and Sierra Leone, all the way through to their support for the establishment of an independent permanent international penal court based in The Hague. The crux of my claim is …

Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt

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No abstract provided.

Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin

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In Town of Greece, New York v. Galloway, the Supreme Court upheld a legislative prayer practice with overwhelmingly Christian prayers in part because the Court concluded that the exclusion of all other religions was unintentional. This requirement-that a religiously disparate impact must be intentional before it amounts to an establishment violation-is new for Establishment Clause doctrine. An intent requirement, however, is not new for equal protection or free exercise claims. This Essay explores the increased symmetry between the Establishment Clause, the Equal Protection Clause, and the Free Exercise Clause. It argues that many of the critiques of the intentional …

The Problem Of Local Methods In Cross-Border Insolvencies, Andrew B. Dawson

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No abstract provided.

Clean Energy Federalism, Felix Mormann

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Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.

Renewable portfolio standards and feed-in …

Someone Who'll Watch Over Me, Patrick O. Gudridge

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No abstract provided.

Turning Student Opinions Into Compelling Narratives, Jill Barton

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No abstract provided.

Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore

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No abstract provided.

How Spontaneous? How Regulated?: The Evolution Of Property Rights Systems, Richard A. Epstein

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No abstract provided.

Rebellion: The Courts Of Appeals’ Latest Anti-Booker Backlash, Alison Siegler

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No abstract provided.

Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler

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No abstract provided.