Digital Commons Network^™

Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

New Strategies For Owners Of Discontinued Brands, David S. Ruder

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Wrongful Convictions: It Is Time To Take Prosecution Discipline Seriously, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

Fear And Loathing In Massachusetts: Same-Sex Marriage And Some Lessons From The History Of Marriage And Divorce, Joanna L. Grossman

Hofstra Law Faculty Scholarship

When Massachusetts became the first and only state in the union to issue legal marriage licenses to same-sex couples last May, the state's Governor, Mitt Romney, warned that "Massachusetts should not become the Las Vegas of same-sex marriage." Romney's warning makes sense only as a reference to Las Vegas' reputation for the "quickie" divorce - a heavily disparaged historical practice in which residents of other states would seek a divorce in Nevada because their home states would not grant them one, at least not on the terms or at the pace they desired. This essay retraces the history of divorce …

Teaching Problem-Solving Lawyering: An Exchange Of Ideas, Mark Neal Aaronson, Stefan H. Krieger

Hofstra Law Faculty Scholarship

In the last issue of the Clinical Law Review, StefanKrieger argues that clinical law teachers who emphasize problem-solving approaches to lawyering incorrectly downplay as a necessary prerequisite to learning effective legal practice the significance of domain knowledge, which he mainly identifies as knowledge about legal doctrine(FN1) Among the writings on clinical law teaching criticized by Krieger are those of Mark Aaronson, who has articulated as a teaching goal helping students learn how to improve their practical judgment in lawyering, which he describes as a process of deliberation whose most prominent features are a contextual tailoring of knowledge, a dialogic form …

The State Of New York Does Exist: How States Control Compliance With International Law, Julian G. Ku

Hofstra Law Faculty Scholarship

Although most courts and commentators presume that the states disappear when it comes to foreign relations, states actually play a crucial role in fulfilling U.S. obligations under international law. In many circumstances, state governments are the only institutions responsible for carrying out treaty and customary international law obligations on behalf of the United States. Not only have states always played this role, but state control over the implementation of such obligations is likely to become even more important in the future because the implementation of many private international law and international human rights treaties is controlled by the states. This …

Domain Knowledge And The Teaching Of Creative Legal Problem Solving, Stefan H. Krieger

Hofstra Law Faculty Scholarship

This article explores the relationship between students' knowledge of underlying legal doctrine and their ability to learn effective methods of practice in law school skills courses. One of the primary goals of skills training in law school, especially clinical legal education, is to teach students how to apply what they have learned in doctrinal courses in the “real world.” While much has been written about training students in proper methods of practice and problem solving in skills courses, little attention has been paid to the significance of doctrinal knowledge to this training. Reviewing recent cognitive psychology research on the development …

Securing Our Children’S Future: New Approaches To Juvenile Justice And Youth Violence, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

Reviews the book "Securing Our Children's Future: New Approaches to Juvenile Justice and Youth Violence," by Gary S. Katzmann.

Aba Section Of Taxation Report Of The Task Force On Judicial Deference, Linda Galler, Irving Salem, Ellen P. Aprill, Aba Section Of Taxation, Task Force On Judicial Deference

Hofstra Law Faculty Scholarship

Recognizing the need for clearer standards regarding the degree of deference that the federal courts should confer on guidance issued by the Department of Treasury and the Internal Revenue Service, the Tax Section, under the direction of former ABA Section of Taxation Chair Pamela F. Olson, created a Task Force on Judicial Deference in 2000. It was charged with the mission of not only examining the state of the law pertaining to judicial deference across the broad range of administrative pronouncements issued by the Treasury and the IRS, but also sharing its conclusions and possible solutions with the Section of …

Paravertebral Nerve Block For Pain Management Of Nissen Fundoplication Surgery, Shelly M. Brock

UNF Graduate Theses and Dissertations

Providing comfort is a fundamental nursing responsibility. Unrelieved postoperative pain has adverse physiologic and psychologic effects that contribute to prolonged hospital admissions and significant discomfort to patients. Opioids are standard methods of postoperative analgesia for many surgical procedures. Unfortunately, the use of opioids is associated with side effects such as nausea and vomiting, urinary retention, ileus and respiratory depression. These side effects, with the added problem of inadequate pain control, result in patient dissatisfaction with surgical procedures.

Paravertebral nerve block (PVB) is a regional anesthetic technique that has been shown to result in opioid sparing in many procedures including breast …

Getting Out The Vote: The Political Communication Capstone Assignment, Keith T. Hardeman, Kurt W. Jefferson

Iowa Journal of Communication

The 2000 presidential election clearly demonstrated that the country was divided philosophically and politically. The authors of this article, a speech communication professor and a political science professor, capitalized on that division by collaborating to teach a course in political communication. This essay focuses on the capstone assignment - an on-campus presidential campaign leading up to the November election. It explains the campaign assignment, discusses how students were prepared, reviews media use for dissemination of messages, and evaluates the project. The article also offers an overview of the political communication class where the educators' goals for their students included development …

Y-Me, Why Us: Constructing Women's Illness And Roles Through Apologia, Susan G. Kiesel

Iowa Journal of Communication

In 2002, Republican Representative John Hostettler (IN) was accused of communicating insensitively with a group of breast cancer survivors. When asked to support an increase in breast cancer research funding, Hostettler focused the conversation on a purported connection between abortion and breast cancer. The survivors, all members of the "Y-Me" Breast Cancer Support Group of Indiana, approached the media in the months following the meeting because they believed Hostettler had accused them of having abortions. I examine three key pieces of Hostettler's rhetoric that followed media attention to the meeting. After identifying the rhetoric as apologia, I analyze the ways …

The Rhetoric Of Rush Limbaugh: An Analysis Of Diversity Issues, Jim Schnell

Iowa Journal of Communication

Rush Limbaugh's controversial comments regarding race and the sports media on ESPN in September, 2003 put a spotlight on his rhetoric in relation to diversity issues. This article will describe how C-SPAN videotapes can be used in the classroom to enhance student learning of issues related to diversity and rhetoric. The rhetoric of Rush Limbaugh is focused on in this particular classroom case study. Study of Limbaugh is relevant due to the success of his daily radio talk show, "The Rush Limbaugh Show." He has his fans and critics. One of the controversial areas associated with Limbaugh is his position …

Front Matter - Table Of Contents

Iowa Journal of Communication

No abstract provided.

Effective Teacher Management Of Disagreement In College Classroom: A Review And Extension, Jason J. Teven

Iowa Journal of Communication

The diversity present within college classrooms is becoming an increasingly important context for contrasting ideas. In an effort to extend previous research, this study sought to determine the relationships among Tolerance for Disagreement (FFD), nonverbal immediacy, and teacher evaluation in the college classroom. Respondents in the study were 229 students (107 males and 122 females) enrolled in Communication classes at a small southwestern university. The target teachers were those the participants had in the classes they took immediately prior to the class in which the data were collected. Students 'perceptions of their teachers' TFD was found to be positively related …

Teaching Speaking And Listening In The K-12 Classroom: Current Status, Rationale, And Resources, Pamela Cooper, Mary Bozik, Sherwyn P. Morreale

Iowa Journal of Communication

This article reviews the growing awareness of the need for communication competence for high school students, both those entering the workplace and those enrolling in college. The National Communication Association (NCA) and its members have worked diligently to help students achieve these communication competencies by providing National Standards and resource material for K-12 language arts teachers and administrators. Evidence is offered to support the claim of growing recognition and the process of developing these materials is described, implications for the development and use of these materials to the communication discipline are explored and four challenges are outlined. The Standards and …

Recent Trends In Software Engineering Research As Seen Through Its Publications, Terry L. Smith

UNF Graduate Theses and Dissertations

This study provides some insight into the field of software engineering through analysis of its recent research publications. Data for this study are taken from the ACM's Guide to Computing Literature (GUIDE) They include both the professionally assigned Computing Classification System (CCS) descriptors and the title text of each software engineering publication reviewed by the GUIDE from 1998 through 2001.

The first part of this study provides a snapshot of software engineering by applying co-word analysis techniques to the data. This snapshot indicates recent themes or areas of interest, which, when compared with the results from earlier studies, reveal current …

Preconceived Physician Attitude Toward Computerized Physician Order Entry (Cpoe): Implications For Successful Implementation, John Arthur Hoffstatter

UNF Graduate Theses and Dissertations

There has been a societal and legislative push to implement computerized physician order entry (CPOE) systems throughout hospitals nationally in recent years due in large part to the public's awareness of an inordinate number of patient deaths due to medication errors in hospital settings. This mortality, and untold morbidity, became even more unacceptable when published findings suggested the majority of these 100,000 deaths each year could be avoided through the use of CPOE systems.

Yet acceptance has been slow and only a fraction of the hospitals have implemented this technology due to large start up costs, enormous technological requirements, and …

Ubiquitous Map-Image Access Through Wireless Overlay Networks, Jianfei Cai, Haijie Huang, Zefeng Ni, Chang Wen Chen

Electrical Engineering and Computer Science Faculty Publications

With the availability of various wireless link-layer technologies, such as Bluetooth, WLAN and GPRS, in one wireless device, ubiquitous communications can be realized through managing vertical handoff in the environment of wireless overlay networks. In this paper, we propose a vertical handoff management system based on mobile IPv6, which can automatically manage the multiple network interfaces on the mobile device, and make decisions on network interface selection according to the current situation. Moreover, we apply our proposed vertical handoff management with JPEG-2000 codec to the wireless application of map image access. The developed system is able to provide seamless communications, …

Speckle Denoising Using Wavelet Transforms And Higher-Order Statistics, Samuel Peter Kozaitis, Anurat Ingun

Electrical Engineering and Computer Science Faculty Publications

We reduced speckle noise in SAR imagery by retaining only those wavelet coefficients with significant third-order correlation coefficients. These coefficients were generated from the cross-correlation functions of the image and wavelet basis functions. Using this approach, we compared the results between directly applying our denoising method, and first preprocessing by taking the logarithm of an image. In our approach, we examined wavelet coefficients in an environment where the contribution from the second-order moment of the noise had been reduced.

Beyond Formalism In Foreign Affairs: A Functional Approach To The Alien Tort Statute, Julian G. Ku, John Yoo

Hofstra Law Faculty Scholarship

This paper discusses the functional ability of federal courts to incorporate customary international law (CIL) through the vehicle of the Alien Tort Statute. In last Term's Sosa v. Alvarez Machain, the Supreme Court concluded that the Alien Tort Statute (ATS) is merely a jurisdictional statute, but also refused to stop the lower courts from allowing aliens to seek damages in federal court for certain international law violations.

We use the Court's under-theorized conclusion as an opportunity to move beyond largely inconclusive formalist debates about the ATS's text, structure, and history. Instead, we conduct a comparative institutional analysis of the …

Restoring The Individual Plaintiff To Tort Law By Rejecting ‘Junk Logic’ About Specific Causation, Vern R. Walker

Hofstra Law Faculty Scholarship

Judges are removing the individual plaintiffs from many torts cases, and are instead conducting fact-finding about abstract statistical individuals. But the reasoning about specific causation in those cases is often fallacious. This Article critiques the error by analyzing direct inferences from causal generalizations about groups to probabilistic conclusions about causation in individuals. It identifies six distinct types of uncertainty in such inferences: measurement uncertainty, sampling uncertainty, modeling uncertainty, causal uncertainty, uncertainty about plaintiff representativeness, and uncertainty about assigning a probability to a specific plaintiff. These six uncertainties are logically necessary to this type of inference, and are not peculiar to …

Resolving The Dilemma Of Minority Representation, Grant M. Hayden

Hofstra Law Faculty Scholarship

This article proposes that recent work in philosophy on the issue of interpersonal utility comparisons may be used to help resolve a significant problem in minority representation. The creation of majority-minority districts has had the unintended consequence of forcing minority voting rights advocates to choose between increasing the number of minority officeholders and increasing the number of Democrats. This dilemma is, in part, due to the strict application of the one person, one vote standard. But work on the issue of interpersonal utility comparisons tells us that the one person, one vote standard is not the objective standard it purports …

Women, Globalization And Law: A Change Of World, Barbara Stark

Hofstra Law Faculty Scholarship

Globalization affects the social and political construction of a gendered "change of world" in four distinct but overlapping ways. First, globalization propels women into the public sphere of the marketplace. Like men, women need cash to survive in a global economy. Second, related but distinct, globalization weakens the public/private distinction. Traditional boundaries between the workplace and the home, the public sphere of the market and the private sphere of the family, become increasingly porous. Third, globalization increases women's visibility -through media exposure and through a growing body of sex-disaggregated UN data and its dissemination through the Internet. Researchers have noted …

Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce": Recognizing The Realities Of The New Federalism, Katrina Fischer Kuh

Hofstra Law Faculty Scholarship

This Article proposes a framework for applying the treaty power that would accomplish these goals. This framework would be applied where the President has signed, and Congress has ratified, a treaty and Congress has enacted domestic legislation in some way satisfying the goals or requirements of the treaty. Under this framework, the inquiry into whether the treaty power could appropriately be used by Congress in excess of its Article I, Commerce Clause powers would be indexed to the strength of (1) the contract- like nexus between the necessarily reciprocal requirements and the goals of the treaty and the specific statutory …

The Model Standards Of Practice For Family And Divorce Mediation, Andrew Schepard

Hofstra Law Faculty Scholarship

This chapter has a modest aim: introduce the Model Standards to those not familiar with them. It provides an overview of the standards, the process of developing the documents, and their most important themes. Family and divorce mediation is a complex and evolving field, this comparatively brief article thus cannot touch on all of the issues and problems addressed by the Model Standards. Many of the other chapters in this volume elaborate on the subjects mentioned here in more detail and nuance.

Incorporation By Law, Joseph Raz

Faculty Scholarship

My purpose here is to examine the question of how the law can be incorporated within morality and how the existence of the law can impinge on our moral rights and duties, a question (or questions) which is a central aspect of the broad question of the relation between law and morality. My conclusions cast doubts on the incorporation thesis, that is, the view that moral principles can become part of the law of the land by incorporation.

The Crawford Transformation, Richard D. Friedman

Articles

Crawford v. Washington, 124 S. Ct. 1354 (2004), is one of the most dramatic Evidence cases in recent history, radically transforming the doctrine governing the Confrontation Clause of the Sixth Amendment to the U.S. Constitution. Crawford is a very positive development, but leaves many open questions - and forces Evidence teachers to rethink how they teach hearsay and confrontation.