Digital Commons Network^™

Unauthorized Pop-Up Advertising And The Copyright And Unfair Competition Implications, Michael A. Leon

Hofstra Law Review

No abstract provided.

End Matter

Hofstra Law Review

No abstract provided.

Rationalizing The Allocative/Distributive Relationship In Copyright, Jeffrey L. Harrison

Hofstra Law Review

This Article cuts against the grain of modern copyright law by making the case that a more substantive approach to the issues of creativity and authorship would lower costs, streamline the system, and raise the level of socially beneficial creativity. Increasing the creativity requirement is designed to curb what might be called artistic product differentiation that has no real impact on economic, cultural, and social development. Infusing an element of substance into authorship by requiring some level of preconception by authors would produce the same result. After all, except in the most unusual instances, when an author does not know …

Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner

Hofstra Law Review

No abstract provided.

Making The Case One's Own, John T. Noonan Jr.

Hofstra Law Review

No abstract provided.

The Real Issues Of Judicial Ethics, Alex Kozinski

Hofstra Law Review

No abstract provided.

A Meditation On The First Principles Of Judicial Ethics, Charles Fried

Hofstra Law Review

No abstract provided.

Judicial Correctness Meets Constitutional Correctness: Section 2c Of The Code Of Judicial Conduct, Andrew L. Kaufman

Hofstra Law Review

No abstract provided.

Defense-Oriented Judges, Abbe Smith

Hofstra Law Review

No abstract provided.

The Changing Face Of Judicial Elections, Gerald Stern

Hofstra Law Review

No abstract provided.

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Hofstra Law Review

Because I intend to be prescriptive (or, when it comes to the esteemed members of the bench who may be in the audience, “suggestive,” since it is they who wield the gavels while I -- as any lawyer appearing before members of the bench -- have only words), I must confess some biases before going further. First, I believe in “sunshine in litigation” and openness of both court records and discovery. I believe that courts are public forums, and that arguments about the privacy of disputes should generally be outweighed by the public's right to know. Some have strongly argued …

Symposium Remarks: Plea For The Next Great Wave Of Reform, Burnele V. Powell

Hofstra Law Review

No abstract provided.

The Sec, The States And Attorney Conduct Rules: An Analysis Of Preemption Issues, Sara Levy

Hofstra Law Review

No abstract provided.

Judicial Error That Is Subject To Discipline In New York, Gerald Stern

Hofstra Law Review

No abstract provided.

The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley

Hofstra Law Review

No abstract provided.

The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz

Hofstra Law Review

Prompted by the litany of complaints about corporate boards - as once again highlighted by recent corporate scandals - this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …

Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam

Hofstra Law Review

No abstract provided.

The Myth Of Separation: America's Historical Experience With Church And State, Patrick M. Garry

Hofstra Law Review

This article examines the historical experience of the First Amendment's Establishment Clause. Throughout the colonial and constitutional periods of the United States, the classical concept of an exclusive state church dominated the American image of an establishment of religion. Astate preference of one denomination over others was what was primarily thought to be an establishment of religion, as the Framers did not want to duplicate the English experience with the established Anglican church.

Late eighteenth century Americans agreed that government could provide special assistance to religion in general, as long as such assistance was given without any preference among sects. …

Far From Routine: Exempting Existing Sources From New Source Review Under The Equipment Replacement Provision, Adrian P. Castro

Hofstra Law Review

No abstract provided.

To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix

Hofstra Law Review

The practice of dueling demolishes any happy notion that people are fundamentally the same regardless of the particular chronological moment in which they inhabit the world. Yet the duel flourished in the United States at least until the latter decades of the nineteenth century, when it died out in a regionally specific manner. This Article provides an antidote to static views of dueling by analyzing the duel as both a subject of legal regulation and a precursor to legal remedies for injuries to reputation. The duel carried profound public meaning; to duel was to perform the specific role of gentleman …

Telecommuters And Their Virtual Existence In The Unemployment World, Beverly Reyes

Hofstra Law Review

No abstract provided.

Secularizing The Sacrosanct: Defining "Sacred" For Native American Sacred Sites Protection Legislation, Amber L. Mcdonald

Hofstra Law Review

No abstract provided.

End Matter

Hofstra Law Review

No abstract provided.

Comparing Three Measures Of Depressive Symptoms Among American Indian Adolescents, Lisa E. Thrane, Les B. Whitbeck, Dan R. Hoyt, Mack Shelley

Department of Sociology: Faculty Publications

This study examined the measurement of depressive symptoms among American Indian adolescents as assessed by the Center for Epidemiologic Studies Depression Scale (CES-D), Youth Self Report (YSR), and the Tri-Ethnic Center’s for Prevention Research Depression Scale (TEDS). This analysis demonstrated that the TEDS had good internal consistency, demonstrated construct validity, and shared a commonality with the other two measures, but had limited predictive validity. The YSR had strong predictive validity but, like the CES-D, showed weakness in construct validity. Unexpectedly, the CES-D and YSR revealed enculturated youth were at risk of depressive symptoms. These findings do not generate unequivocal support …

Victimization And Posttraumatic Stress Disorder Among Homeless Adolescents, Angela J. Stewart, Mandy Steiman, Ana Mari Cauce, Bryan N. Cochran, Les B. Whitbeck, Dan R. Hoyt

Department of Sociology: Faculty Publications

Objective—To examine street victimization and posttraumatic stress symptoms among urban homeless adolescents and to test whether emotional numbing and avoidance represent distinct posttraumatic stress disorder (PTSD) symptom clusters.

Method—Structured, private interviews were conducted with homeless adolescents (N = 374) in the Seattle metropolitan area (95% response rate) from 1995 to 1998.

Results— Eighty-three percent of street youths were physically and/or sexually victimized after leaving home. Approximately 18% of these youths met research criteria for PTSD.Results from a confirmatory factor analysis suggest that disaggregating symptoms of avoidance from symptoms of emotional numbing provides a better fit of the data than the …

Social Surveys, Mary Jo Deegan

Department of Sociology: Faculty Publications

Social surveys are the systematic collection of data on a specific subject. From approximately 1890 to 1935, social surveys in the United States often encompassed broad topics, a whole city, or a very large sample of a target population. After World War II, surveys increasingly became more quantitative, narrower in their definition of populations, and more focused. Surveys were initially relatively infrequent events and were conducted face-to-face, but surveys now permeate daily life and increasingly occur over the telephone.

The earliest social surveys were done by governments taking a census of their people. Great Britain conducted an early count of …

Hull-House Maps And Papers, Mary Jo Deegan

Department of Sociology: Faculty Publications

Hull-House Maps and Papers (HHMP) was a groundbreaking text published in 1895 by the residents of Hull House, led by Jane Addams and Florence Kelley. They described and measured group patterns associated with immigrants, working conditions, specific laborers, labor unions, social settlements, and the function of art in the community. Women's moral agency was central to their use of social science to improve democracy and the lives of the disenfranchised.

The mapping of social and demographic characteristics of a population within a geographical area became the core methodology of sociologists at the University of Chicago during the 1920s and 1930s. …

An Introduction To Harriet Martineau’S Lake District Writings, Michael R. Hill

Department of Sociology: Faculty Publications

This complation presents an engaging, insightful, and inspiring smorgasbord of essays (and one didactic tale) selected from Harriet Martineau's Lake District writings from the mid-1800s. As a source of inspiration, the English Lake District has been profitably mined by scores of writers, including Martineau. The selections included here are more or less available (usually less) in scholarly and rare book collections, but are not generally obtainable for a pleasant armchair read at home or, as Martineau would certainly encourage, to tote along in one's knapsack on a weekend ramble among the lakes and hills of Cumbria. The majority of the …

Response Of Dogs To A Gnrh-Klh Conjugate Contraceptive Vaccine Adjuvanted With Adjuvac, Brenda Griffin, Baker Henry, Welles Elizabeth, Lowell Miller, Kathleen Fagerstone

United States Department of Agriculture Wildlife Services: Staff Publications

No abstract provided.

Feasibility Of Localized Management To Control White-Tailed Deer In Forest Regeneration Areas, Tyler A. Campbell, Benjamin R. Laseter, W. Mark Ford, Karl V. Miller

United States Department of Agriculture Wildlife Services: Staff Publications

The deleterious effects of white-tailed deer (Odocoileus virginianus) on forest regeneration are well documented in many forested systems, but potential solutions to these problems on remote landholdings are limited in number and scope. Localized management proposes that a persistent area (<2 km2) of low density can be created by removing all individuals within matriarchal social groups of white-tailed deer. Our objective was to assess the feasibility of using localized management as a tool within forest regeneration areas. We present a comparison of seasonal home-range and core-area size and site fidelity of 148 radiomonitored female white-tailed deer in a forested landscape of the central Appalachians of West Virginia. We also characterized seasonal movements and dispersal. Adult female winter home-range size exceeded those of summer and autumn. Female deer displayed high fidelity, with home-range and core-area overlap being less in autumn than in summer or winter. Dispersal occurred in 1 of 28 (3.6%) female fawns and no deer >1 year old dispersed. Female white-tailed deer on our study site meet the a priori assumptions of localized management. We assert that experimental manipulations based on localized management concepts are prudent.