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Janerae F. Smith V. R. Kimball Mosier : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Certification of Question of State Law From The Bankruptcy Appellate Panel of the Tenth Circuit

Normandeau V. International Truck And Engine Corporation : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Certiorari from the Utah Court of Appeals

Poverty Reduction: An Evaluation Of Micro Finance And Foreign Aid, Wade Summers

Honors Program Theses

Over the last 50 years, the United States has been pouring money into foreign aid, yet this aid has failed to bring the poor out of poverty. Micro finance institutions claim to they are able to increase the wealth of the poor. This paper will compare micro finance's ability to alleviate poverty against traditional uses of foreign aid. The results of this paper are while the profitability of micro finance is not clear, independent studies indicate that it has been successful in bringing the poor out of poverty. This paper concludes that micro finance should receive a larger portion of …

The Private Rates Of Return To Undergraduate Education By Major, Nick Johnson

Honors Program Theses

The private returns to undergraduate education are important to understand for high school graduates trying to decide between the work force and college. The IRR method is the best measure of the private returns to education because it allows for important variables to be accounted for and includes the time value of money. Using data from the National Longitudinal Study of 1972, there are large differences in the returns to college by major. This model allows the returns to college to vary by college selectivity and, through ability, within an individual major.

End Natural Life Sentences For Juveniles, Jeffrey A. Fagan

Faculty Scholarship

In 2005, the U.S. Supreme Court in Roper v. Simmons (125 S. Ct. 1183) banned executions of persons who commit capital murder before they reach age 18. Roper overturned death sentences for 72 people in 18 states (Streib, 2005). Most (but not all) were resentenced to natural life or life in prison without the possibility of parole (or JLWOP). Juvenile justice advocates now want to extend Roper’s maturity heuristic, proportionality analysis, aversion to errors, and deference to international laws and norms to argue for a constitutional ban on natural life sentences for adolescent offenders. This move could have a far …

Iowa Journal Of Communication, Volume 39, Number 1, Fall 2007 [Download Entire Issue]

Iowa Journal of Communication

No abstract provided.

The Mystery Of The Individual In Modern Law, Jospeh Vining

Articles

To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals. This was Telford Taylor, beginning the presentation of the "Medical Case" at the Nuremberg Trials. The "Medical Case" was not about genocide or war or the conduct of war. It was about experimentation on human beings, and it was this trial that produced the "Nuremberg Code," the first control of such treatment of human beings by one another, so surprisingly late in the history of modern scientific investigation, midtwentieth century, and so surprisingly absent everywhere before, despite the …

The Role Of Interpersonal Communication As A Branch Of Relationship Management In Law Enforcement, Nermin Ferkic

Dissertations and Theses @ UNI

Police officers are often recognized as tough action figures whose only job is to fight ruthless criminals. A highly rated TV show called "Cops" presents police officers as such figures. Police officers drive noticeable squad cars with top lights and a printed motto reading "to protect and serve." They are well known for their work equipment, such as: night sticks, pepper sprays, armor, handcuffs, and most noticeably, guns. This, of course, easily confirms people's idea that police officers' jobs are all about using their physical abilities. However, while working as a police officer and with police officers I realized that …

Mental Health Services In Schools: School Psychologists' Current Practices And Perspectives, Nicole Carlson

Dissertations and Theses @ UNI

It is estimated that approximately 7 .5 to 9 million children and adolescents are in need of mental health services, but that only 20% of these youths actually receive the services they need (National Association of School Psychologists [NASP], 2002). Because of this, schools across the nation have begun to take preventative measures, specifically school-based mental health services. School psychologists are uniquely prepared to provide these services, but little attention has been paid to their needs and concerns regarding such services. Therefore, members of NASP were given a survey to assess current practices and perspectives regarding mental health services in …

Data Mining Methods Applied To Flight Operations Quality Assurance Data: A Comparison To Standard Statistical Methods, Alan J. Stolzer, Carl Halford

Publications

"In a previous study, multiple regression techniques were applied to Flight Operations Quality Assurance-derived data to develop parsimonious model(s) for fuel consumption on the Boeing 757 airplane. The present study examined several data mining algorithms, including neural networks, on the fuel consumption problem and compared them to the multiple regression results obtained earlier. Using regression methods, parsimonious models were obtained that explained approximately 85% of the variation in fuel flow. In general data mining methods were more effective in predicting fuel consumption. Classification and Regression Tree methods reported correlation coefficients of .91 to .92, and General Linear Models and Multilayer …

Book Review: No Place To Hide, Gary C. Kessler

Publications

This document is Dr. Kessler's review of No Place to Hide, by Robert O'Harrow, Jr. Free Press, 2006. ISBN 0-7432-8705-3.

Social Marketing Of Insecticide-Treated Bednets: The Case For Pakistan, S Qazi, B T. Shaikh

Community Health Sciences

With an estimated half a million cases of malaria annually in Pakistan, and drug resistant cases on the increase, more practical preventive measures such as insecticide-treated bednets are essential. Social marketing through commercial channels has become an important cost-effective means to deliver health products and services to low income people and to motivate them to use these services. It has been demonstrated that social marketing of insecticide-treated bednets has saved the lives of millions of people in malaria-endemic regions at a cost as low as U.S. $2 per person. Social marketing could be an effective strategy for getting insecticide-treated nets …

Multiphoton Response Of Retinal Rod Photoreceptors, Vasilios Alexiades, Harihar Khanal

Publications

Phototransduction is the process by which light is converted into an electrical response in retinal photoreceptors. Rod photoreceptors contain a stack of (about 1000) disc membranes packed with photopigment rhodopsin molecules, which absorb the photons. We present computational experiments which show the profound effect on the response of the distances (how many discs apart) photons happen to be absorbed at. This photon-distribution effect alone can account for much of the observed variability in response.

Women's Empowerment And Health: The Role Of Institutions Of Power In Pakistan, N Qureshi, B T. Shaikh

Community Health Sciences

Women's right to health has been reiterated many times. However, there are social and cultural barriers in developing countries that hinder their empowerment. Women's low status, deprivation of education and lack of control over their own lives and bodies have a negative impact on their health status and that of their families. This paper discusses women's empowerment and health within the framework of the 4 institutions of power in a society-family, community, health care systems and the state--with special reference to the situation in Pakistan. It concludes that to improve women's health status, concerted efforts are needed by all these …

Prevalence And Predictors Of Smokeless Tobacco Use Among High-School Males In Karachi, Pakistan, S Rozi, S Akhtar

Community Health Sciences

A cross-sectional study was conducted in 3 towns in Karachi, Pakistan to investigate the prevalence of and factors associated with the use of smokeless tobacco among 772 high-school adolescent males. A structured questionnaire collected data on sociodemographic factors and history of cigarette and smokeless tobacco use. Prevalence of smokeless tobacco use (gutka, snuff, niswar) was 16.1% (95% CI: 13.5%-18.9%). On multiple logistic regression analysis, the factors significantly related to smokeless tobacco use among the sample were: attending government school [adjusted odds ratio (OR) 6.3], smoking cigarettes (OR 3.2), not seeing anti-tobacco advertisements (OR 1.5), family history of tobacco use (OR …

The Duty To Disclose Patent Rights, Richard M. Lebovitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Global Intellectual Property Rights And Economic Growth, Linda Y. Yueh

Northwestern Journal of Technology and Intellectual Property

This article argues that the global intellectual property rights regime will affect the economic growth prospects of developing countries. The trade-related aspects of intellectual property rights (TRIPS) provisions under the WTO articles will eventually cover all of its member countries, currently at around 150 and representing 95% of world trade. It is a significant change in the global legal system with implications for economic growth. One of the key mechanisms generating convergence in global economic growth rates is the transfer of technology from developed to developing countries. According to the neoclassical models of growth, technology is embodied within the capital …

A Default-Logic Paradigm For Legal Fact-Finding, Vern R. Walker

Hofstra Law Faculty Scholarship

This paper presents a visual framework for modelling complex legal reasoning — reasoning that integrates legal rules and policies with expert and non-expert evidence. The framework is based on a many-valued, predicate, default logic. The paper first visualizes the two sides of the rule-evidence interface: rule-based deductions and evidence evaluation. It then explores ways to visualize several dynamics around that interface, including dynamics concerning evidentiary relevance, findings of fact, process decision making about motions, policy-based reasoning about rules and relevant-factor reasoning. The paper then concludes with visualizing dynamics across multiple cases and briefly discusses one pathway by which new legal …

Devil In A White Coat: The Temptation Of Forensic Evidence In The Age Of Csi, J. Herbie Difonzo, Ruth C. Stern

Hofstra Law Faculty Scholarship

On October 13, 2006, a couple and their two small children were found shot to death on a desolate stretch of Florida highway. Police found tracks along the roadway belonging to a van or sport utility vehicle. Concluding that the killer and the victims may have been traveling together, police also noted that the victims may have been lying down or kneeling when shot. The mother's defensive posture indicated that she had tried to shield the children from the bullets with her body. No footprints were found in the vicinity and the only physical evidence on the scene consisted of …

Should Corporations Have First Amendment Rights?, Daniel J.H. Greenwood, Kent Greenfield, Erik S. Jaffe

Hofstra Law Faculty Scholarship

Corporations are the wrong sort of thing to have speech rights. In contrast to the Supreme Court's free speech law, which focuses on the rights of listeners rather than the rights of speakers, I argue that the speaker makes a difference. For-profit business corporations best fulfill their role in our market democracy if they are controlled by a legally structured market, not when they expand their purview to include regulating their regulators.

The Legacy Of Loving, Joanna L. Grossman, John Dewitt Gregory

Hofstra Law Faculty Scholarship

The Supreme Court sounded the death knell for anti-miscegenation laws in Loving v. Virginia in 1967. This essay, published in honor of Loving's fortieth anniversary, considers the personal, cultural, and legal legacy of the decision, which brought an abrupt end to the practice of outlawing interracial marriage. But since those laws were already on the way out at the time Loving was decided, its legacy must be constructed by looking more broadly at its impact on American law and society. That exploration reveals first a powerful personal legacy for Mildred and Richard Loving, who were permitted to return to Virginia …

Reforming The Gift Tax And Making It Enforceable, Mitchell M. Gans, Jay A. Soled

Hofstra Law Faculty Scholarship

The United States gift tax is truly a unique tax insofar as it generates virtually no revenue. For 2005, the last year for which there is available data, the gift tax raised approximately $2 billion - considerably less than 0.1 percent of the overall revenue collected by the federal government for the same year and in stark contrast to the $1.1 trillion that the income tax alone raised for the same tax year. This 2005 collection figure, moreover, is not an aberration. Historically, the gift tax has raised very little revenue, and projections indicate that this trend is likely to …

Clinical & Externship Programs, Jennifer Gundlach, Robert Dinerstein, Irene Bowen, Kerie Gould, Christine Griffin

Hofstra Law Faculty Scholarship

Clinics provide an opportunity for students to engage in a very critical, reflective process about their role as lawyers representing clients and about their position within the legal profession as a whole. In some ways, it makes my job quite easy. It is such a natural outgrowth of all of the conversations that I am having with students, including those with disabilities, to think and talk with them about the areas that challenge them and to begin to explore that as they are taking on this practicing role. Additionally, it gives me the opportunity to talk with them about their …

Human Rights And The Global Marketplace: Economic, Social And Cultural Dimensions, Barbara Stark

Hofstra Law Faculty Scholarship

The human rights community has waited a long time for Human Rights and the Global Marketplace, which explicates-and vindicates-long-neglected economic, social and cultural rights. It provides a thorough and rigorous introduction to their theoretical foundations, a gripping and scholarly account of their historical development, and an illuminating up-to-the-minute guide to their practical applications throughout the world. It is a stunning achievement.

Laid-Off U.S. Workers Unable To Claim Statutory Benefits While Department Of Labor Treats Similarly Situated Plaintiffs Differently, Juli Campagna

Hofstra Law Faculty Scholarship

Former Employees of Merrill Corp. v. United States, Ct. Int’l Trade, No. 3-00662, (Slip Op. 07-46), 3/28/07.

Despite five administrative filings and three remand results denying Plaintiffs, the Former Employees of the Merrill Corporation, certification for Trade Adjustment Assistance (TAA) under the Trade Act, the Department of Labor has still not managed to support its findings with substantial evidence.

Merrill produces SEC documents and other legal, business and financial documents. The plaintiff-claimants are U.S. workers who were part of Merrill’s Financial Document Services group. They used to typeset, edit and format the documents after receiving faxed, electronic or hard-copy …

Potential Of A Suite Of Robot/Computer-Assisted Motivating Systems For Personalized, Home-Based, Stroke Rehabilitation, Michelle J. Johnson, Xin Feng, Laura M. Johnson, Jack M. Winters

Electrical and Computer Engineering Faculty Research and Publications

Background

There is a need to improve semi-autonomous stroke therapy in home environments often characterized by low supervision of clinical experts and low extrinsic motivation. Our distributed device approach to this problem consists of an integrated suite of low-cost robotic/computer-assistive technologies driven by a novel universal access software framework called UniTherapy. Our design strategy for personalizing the therapy, providing extrinsic motivation and outcome assessment is presented and evaluated.

Methods

Three studies were conducted to evaluate the potential of the suite. A conventional force-reflecting joystick, a modified joystick therapy platform (TheraJoy), and a steering wheel platform (TheraDrive) were tested separately with …