Digital Commons Network^™

Empirical Inquiry Twenty-Five Years After The Lawyering Process, Stefan H. Krieger, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

One of the many ways in which The Lawyering Process was a pioneering book was its extensive reliance on empirical research about lawyers, lawyering, and activities analogous to some or another aspect of lawyering. To what extent has the clinical field accepted Gary Bellow and Bea Moulton's invitation to explore empirical studies generated outside legal education and perhaps engage in empirical work ourselves to understand lawyering more deeply? Although some clinicians have done good empirical work, our field as a whole has not really accepted Gary and Bea's invitation. This article explains empirical ways of thinking and working; discusses some …

I Don’T Have Time To Be Ethical: Addressing The Effects Of Billable Hour Pressure, Susan S. Fortney

Hofstra Law Faculty Scholarship

This article discusses the unintended consequences of the billable hour derby and suggests changes to address the deleterious effects of increasing billable hour requirements. A brief introduction identifies law firms’ recent tendency to increase the billable hour requirements to fund the heightened salaries of associates. This article analyzes the results from an empirical study focused on the effects of billable hour expectations and firm cultures. Part I generally reviews the study findings. Part II discusses the work and report of the ABA Commission, while Part III indentifies those issues and approaches that the ABA and firm managers should explore. Recognizing …

Legal Malpractice Insurance: Surviving The Perfect Storm, Susan Saab Fortney

Hofstra Law Faculty Scholarship

This article serves as a practical guide to legal malpractice insurance. Part I introduces the topic of legal malpractice insurance with a brief overview of the changes that occurred in market conditions in 2000 and the subsequent effect on insurance premiums and coverage. Part II outlines the different types of insurance coverage that are available to legal professionals by describing common policy terms, exclusions, and conditions that affect coverage. Part III describes changes in law firms that may affect coverage. Part IV provides legal professionals with useful advice to consider when choosing an insurance policy. Part V reveals important factors …

The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman

Hofstra Law Faculty Scholarship

In 2001, the United States Supreme Court decided Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health and Human Resources, which destroyed the so-called catalyst theory. The catalyst theory refers to the bringing of a lawsuit, but prior to the conclusion of the suit, the defendant settles with the plaintiff according to the plaintiffs basic original demand for relief. Every circuit except the Fourth Circuit had held that if you are a catalyst for a change in the defendant's conduct, you "prevailed" in the suit. Therefore, the plaintiff should be entitled to legal fees. In Buckhannon …

Gendered Workers/Market Equality, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

Decades of feminism have freed women from many longstanding gender roles-less so, however, men. Women now wear pants, but men still do not wear dresses. Mothers of young children overwhelmingly work outside of the home, but male housewives remain rare. Tomboys have achieved some acceptance, but boys are still expected to be boys. Actresses needn't be sultry to be sexy, but actors are still taller, stronger and more silent than their sexual partners-except for Woody Allen.

Perversely, the confluence of women's entry into the workplace with the death of social democracy resulted in recreating the American worker as a gendered, …

Young Children’S Responses To Conflictual Adult Conversation, Jessica A. Cartozian

UNF Graduate Theses and Dissertations

The current study evaluated relationships among children's cognitions following exposure to scripted conflictual interactions between adults. Thirty- five mother-child dyads were assessed using self-report measures, and continuous measures of behavioral and physiological distress (cardiac function, skin conductance). Four hypotheses were investigated: Exposure to conflict would be related to greater distress following the conflictual script; attributional errors would be related to greater distress; child distress would be positively correlated with parental conflict at home; maternal psychopathology would be positively related with distress responses to the stimulus. All hypotheses were found to be non-significant. Explanations for non-significance include the normative sample, the …

The Ideology Of The Body-Slam: A Critical Examination Of Professional Wrestling, Scott R. Stroud

Iowa Journal of Communication

"Professional" wrestling has experienced a recent surge in its popularity, both among the lower working class and among the upper middle class. Examining the World Wrestling Federation's televised event, ''Unforgiven-- In Your House," this inquiry finds that ideological issues of mythical framing, patriarchal power structures, group construction of identity, and stereotyping of bureaucracy/white-collar working groups are found within this artifact. Of particular note is the modern reversal of previous research findings that argue that wrestling identity is constructed on the individual level and the ideology enshrined in wrestling is that of an opposition to dominant ideologies. Both of these claims …

Using Email Technology As A Peer Teaching Methodology In Interpersonal Communication, Vickie L. Harvey

Iowa Journal of Communication

This paper introduces an exercise that requires students to correspond and teach other students using the technology of email. Student self-assessment data from a quasi-experimental study involving 81 undergraduates from two universities in different regions of the United States suggest that a peer teaching activity provides a learning environment beyond the confines of the traditional classroom in which students learn by teaching others.

A Performance Analysis Of Distributed Algorithms In Javaspaces, Corba Services And Web Services, Suresh Sunku

UNF Graduate Theses and Dissertations

Implementation of distributed parallel algorithms on networked computers has always been very difficult until the introduction of service-oriented architectures (SOA) like JavaSpaces service, CORBA services and Web Services. Algorithms of the type Master/Worker pattern are implemented with relative ease using the SOAs. This project analyzes the performance of such algorithms on three contemporary SOAs namely JavaSpaces service, CORBA services and Web Services. These architectures make the implementations of distributed algorithms reasonably fault tolerant and highly and dynamically scalable. Also, the systems built on these architectures are generally loosely coupled and operate asynchronously.

In this project we measure and analyze the …

Patriotism Or Patronizing Protective Surveillance? Big Brother And The Usa Patriot Act, Edward C. Brewer

Iowa Journal of Communication

The terrorist attacks on September 11, 2001 changed American life as we know it. The USA PATRIOT Act of 2001 and the Homeland Security Act of 2002 have the potential for stifling the private communication of Americans beyond what most Americans would consider acceptable, even under the guise of "protection.'' This essay examines those implications and argues that it was the communication climate, created primarily by the media on September 11th, and the days and weeks immediately following that encouraged an acceptance of a rhetoric (in passing the USA PATRIOT Act) that would have been unacceptable prior to the attack.

Toward A Unified Theory Of Cognition: A Kantian Analysis, Clayton Daniel Austin

UNF Graduate Theses and Dissertations

The goal of this paper is to provide classroom teachers a more unified theory of cognition. The current cognitive theories of information processing, schema theory, and constructivism exhibit limitations and a lack of cohesion that make their implications for teachers unclear. This paper will be presented in five sections. 1) The first describes problems with current cognitive theories and the need for a unified theory of cognition 2) The second provides a review of the literature of current cognitive theories. 3) The third section consists of research in the history of cognitive theory both in philosophy and psychology. 4) The …

An Ill-Wind That Blows No One Good: Cluster Analysis Of A Constitutional Scholar's Illness Metaphor And Resistance Rhetoric Targeting The President, Congress, And November 13th Military Order, Pamela Lutgen-Sandvik

Iowa Journal of Communication

In response to the terrorist attacks of September 11, 2001, President George W. Bush issued a military order authorizing the Department of Justice to detain and hold persons suspected of terrorism or of having connections with terrorists. This article analyzes a constitutional scholar’s rhetoric of resistance to the president’s military order in the face of nearly overwhelming popular support for the president’s actions. Through the use of Kenneth Burke’s cluster and agon analysis, the author examines the December 4, 2001 testimony of Dr. Laurence H. Tribe to the Senate Judiciary Committee of the 107th United States Congress.

The Culture Of Compliance: The Final Triumph Of Form Over Substance In Sexual Harassment Law, Joanna L. Grossman

Hofstra Law Faculty Scholarship

This Article is divided into three Parts. Part I briefly describes the continuing problem of sexual harassment and summarizes case law relating to employer liability for sexual harassment. It then describes the incentives the law creates for employers, victims, and harassers, and explains how each group responds to these incentives. Part II explores whether the preventative measures spurred by the legal regime serve Title VII's goal of deterring harassment and preventing harm. It first identifies individual and organizational factors that cause or correlate with the level of harassment in order to develop theoretical connections between employer preventative measures and the …

Due Process In Problem Solving Courts, Eric Lane

Hofstra Law Faculty Scholarship

The rapid proliferation of "problem-solving courts," particularly of drug courts, occasions this Article. These progeny of the 1989 Dade County, Florida drug court' can be found throughout the country. According to one report, there are approximately 500 drug courts operating nationwide, with several hundred more coming on line. From these drug courts, a number of other courts have evolved, all under the problem-solving handle. In New York, for example, in addition to drug courts, there are community courts and domestic violence courts. In the State of Washington there is a mental health court. While disparate in their focus, their "problem …

Common Sense For Common Stock Options: Inconsistent Interpretation Of Anti-Dilution Provisions In Options And Warrants, Miriam R. Albert

Hofstra Law Faculty Scholarship

This article is a critique of two competing theories of contract interpretation, the textual approach, focusing exclusively on the parties' words, and the contextual approach, focusing on the circumstances surrounding the contract. Both approaches nominally aim to ascertain and give effect to the parties' original intent, but the means to this same end can differ dramatically. Each approach has strong theoretical and precedential support, and each has merit as an academic theory. An analysis of cases involving options or warrants drafted with missing or incomplete anti-dilution provisions illustrates the shortcomings of both theories. In practice, some courts are applying the …

The Sentences That Bind (The States), James Sample

Hofstra Law Faculty Scholarship

In certain circumstances, federal district court judges impose criminal sentences that are required to be consecutive to yet-to-be-imposed state criminal sentences, including those state sentences that may, in fact, never be imposed. The federal courts of appeals are divided as to whether such sentences are statutorily authorized under the applicable provision, 18 U.S.C. § 3584(a). This Note argues that the sentences are not authorized under the statute, and further, that the sentences infringe on states' and defendants' rights.

Instructional Influence On Clinicians’ Performance And Attitudes In Authoring Clinical Software Using Microsoft Powerpoint, Lisa Ann Berna

Dissertations and Theses @ UNI

The study examined the effects of instruction type on speech language pathology graduate students' (n = 10) interest, speed, and accuracy in being trained to create PowerPoint phonological awareness click-lessons. Half of the subjects (n = 5) received instruction during an in-service proceeding; while the remaining subjects (n = 5) received training via a tutorial manual written by the researcher. The clinicians involved in the study completed written questionnaires before and after reviewing click-lessons and recreating portions of a Rhyme Time program and recorded the time needed to complete ten tutorial slides in this program. Statistical analyses were completed to …

Lost Boys And Forgotten Girls: Intercountry Adoption, Human Rights, And African Children, Barbara Stark

Hofstra Law Faculty Scholarship

Everyone knows the story of the Lost Boys of Sudan, thousands of children who lost their families and villages to brutal civil war, fleeing across East Africa to Kenya, where they survived in a desolate refugee camp. Their story spread, and several thousand of the Lost Boys were resettled in the United States. There, they asked their suburban foster families whether there were lions in the bush, learned how to use can openers and televisions, and saw snow.

While the Boys were lost -- and then found -- the Girls were forgotten. As a recent editorial in Refugees, a publication …

The Supreme Court's 2003 Employment Rulings: Surprising Gains For Workers And Women, Joanna L. Grossman

Hofstra Law Faculty Scholarship

The notoriously conservative Supreme Court returned some surprising victories for employees, women, and families during the October, 2003 term. Its most notable employment decision was in Nevada Department of Human Resources v. Hibbs, a case exploring whether the Family and Medical Leave Act, a federal statute mandating unpaid leave for employees who need it because of illness or care giving responsibilities, protects state government employees.

A second important case, Desert Palace, Inc. v. Costa, resolved a long-brewing split among federal appellate courts about the proof requirements in so-called “mixed motive” discrimination cases—those in which an adverse employment action …

Ricky Murray

African American Funeral Programs

No abstract provided.

Restorative Justice And The Jewish Question, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

While the particular languages of our differing religious traditions do not seem to me to be good bases for a public criminal law, they are useful for considering familiar issues in an unfamiliar light. I therefore offer a reading of a set of unfamiliar texts from the Talmud, one of the foundational texts of the Jewish tradition, to make two basic points about criminal law with some applicability to the restorative justice debate. At the same time, their language and structure should illustrate how disparate our traditions are.

First, criminal law should have a limited, nontranscendental goal. Torah law, like …

Feminist Law Journals And The Rankings Conundrum, Joanna L. Grossman

Hofstra Law Faculty Scholarship

Spring is a fitting season to discuss the relationship between rankings and feminist law journals, as U.S. News and World Report prepares to release its annual rankings of American law schools. Decried by many academics as arbitrary and unfair, (1) these rankings nonetheless exert an extraordinary influence on law school life. (2)Rankings of this sort not only drive decisions made by schools (which students to recruit, admit, and, most importantly, entice with scholarship money) and by applicants (where to apply, where to matriculate, and whether to transfer), but also decisions that are more central to the academic enterprise. Law school …

High Drama And Hindsight: The Llp Shield, Post-Anderson, Susan Saab Fortney

Hofstra Law Faculty Scholarship

This article explores several disadvantages associated with limited liability partnerships (LLPs) in the wake of the Anderson-Enron debacle. The article explains how conversion to LLP from a traditional partnership may undercut the incentive for partners to devote time and resources to monitoring and risk management activities. Additionally, the article notes that conflicts may arise regarding the payment of debts when a firm, without sufficient malpractice insurance, converts to an LLP. The article delves into the exodus problem caused by the lack of partners’ commitment to the firm. The article also describes the tension between partners over malpractice insurance decisions that …

Boussinesq Model And The Relative Trough Froude Number (Rtfn) For Wave Breaking, Takashi Okamoto

Civil & Environmental Engineering Theses & Dissertations

The relative trough Froude number (RTFN) theory is a new phase-resolving type, wave breaking trigger model introduced by Utku (1999) and Utku and Basco (2002). Based on the moving hydraulic jump concept, this model provides a better implementation of wave breaking in terms of hydrodynamics. Development of computer resources permits the use of the phase-resolving type, Boussinesq wave models in nearshore areas. The Boussinesq equation, however, does not include the physics of wave breaking, so that an additional mechanism is required to initiate wave breaking in the model. The main objective of this study is to develop a new wave …

The Genie And The Bottle: Collateral Sources Under The September 11th Victim Compensation Fund, Kenneth S. Abraham, Kyle D. Logue

Articles

The September 11th Victim Compensation Fund of 2001 (the Fund) was part of legislation enacted just eleven days after the terrorist attacks of September 11th in the wake of extraordinary national loss. It is possible, therefore, that the Fund will always be considered an urgent and unique response to the unprecedented events of September 11th. On that view, the character of the Fund will have little longterm policy significance. It is equally possible, however, that the enactment of the Fund will prove to be a seminal moment in the history of tort and compensation law. The Fund adopts a new …

Effects Of Pesticides And Their Combinations On Human Fibroblast Cells, Yijun Deng

Dissertations and Theses @ UNI

Pesticides are widely used in Iowa due to its primarily agricultural economy. Many studies have shown that the water sources in Iowa are contaminated by multiple pesticides. Most of the information about the adverse human health effects due to such environmental contaminants comes from studies that focus on exposure to single rather than multiple pesticides. Additionally, many of the environmental regulations regarding levels of pesticide contamination refer only to single, individual pesticides. Many questions remain about the human health effects of exposure to pesticide combinations. This study attempts to understand the effects of pesticide combinations on human cells. A cell …

Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg

Articles

Allowing universities to patent the results of government-sponsored research sometimes works against the public interest.

Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward D. Stein

Articles

The expansion of cyberspace in the past decade has created unprecedented opportunities for communication, both across the globe and across the street. The Internet and other forms of cyberspace have provided new avenues for anonymous and pseudonymous communication. Individuals can now interact without the traditional constraints of time, place, and manner of communication.

Kalman Filtering For Adaptive Nonuniformity Correction In Infrared Focal-Plane Arrays, Sergio N. Torres, Majeed M. Hayat

Electrical and Computer Engineering Faculty Research and Publications

A novel statistical approach is undertaken for the adaptive estimation of the gain and bias nonuniformity in infrared focal-plane array sensors from scene data. The gain and the bias of each detector are regarded as random state variables modeled by a discrete-time Gauss–Markov process. The proposed Gauss–Markov framework provides a mechanism for capturing the slow and random drift in the fixed-pattern noise as the operational conditions of the sensor vary in time. With a temporal stochastic model for each detector’s gain and bias at hand, a Kalman filter is derived that uses scene data, comprising the detector’s readout values sampled …

Febrile Seizures: Factors Affecting Risk Of Recurrence In Pakistani Children Presenting At The Aga Khan University Hospital, Z Habib, S Akram, S Ibrahim, B Hasan

Department of Paediatrics and Child Health

Objectives: To (a) describe the effect of temperature rise on seizure recurrence in the ER (b) investigate the effect of age, gender, family and developmental history, type, duration and multiple seizures, past history and number of seizures and treatment given (either late or early) on seizure recurrence in the ER and (c) explore prognostic indicators for seizure recurrence.
Methods: Data from 352 children [ages 3-84 months; 220 males (62.5%) 132 females (37.5%)] was taken using chart reviews for the years January 1998-August 2000 inclusive, from the Pediatric department of the Aga Khan University Hospital. Descriptive statistics, Chi-square, and Discriminant …