Digital Commons Network^™

Staying In Orbit, Or Breaking Free: The Relationship Of Mediation To The Courts Over Four Decades, Robert A. Baruch Bush

Hofstra Law Faculty Scholarship

The acceptance and use of mediation by courts--at the state and federal level-- has grown steadily over the last several decades. Today, mediation is a central element in the overall case-management system of many courts, and this phenomenon continues to grow unabated.At the same time, however, another quite different phenomenon has emerged--the expression of serious criticism from mediation scholars and experts about the way mediation is used by the courts. Indeed, it appears that judges and lawyers in the court system, on the one hand, and mediation experts on the other, understand court-related mediation--and mediation itself--in very different terms. Ironically, …

Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Winding Road From Form To Function: A Brief History Of Contemporary Marriage, J. Herbie Difonzo, Ruth C. Stern

Hofstra Law Faculty Scholarship

Consider this contrast: American marriage was once “rigid, work-centered, custom regulated, with well-defined roles for husband, wife, and children,” but now may be characterized as “flexible, pleasure-centered, cooperatively regulated, with loosely defined roles for husband, wife, and children.” The accuracy of this comparison between conjugal unions past and present may be debated, although on the whole the distinction it draws seems defensible. What might startle the reader, however, is that quoted contrast appeared in a 1955 college sociology text entitled “Making the Most of Marriage.” The author, noted sociologist Paul H. Landis, celebrated the pliable, fun-loving marriage of his time …

Rule Of (Out)Law: Property's Contingent Right To Exclude, Elizabeth M. Glazer

Hofstra Law Faculty Scholarship

Anything for love;
I would do anything for love;
I would do anything for love;
But I won't do that;
I won't do that.

When Meat Loaf mystified scores of listeners in the early nineties by his logically inconsistent song lyrics, he almost certainly did not look to property law when answering his fans most popular question. This Essay does not argue that he should have. However, Meat Loaf's (in)famous song lyrics may be able to shed light on what has become a popular question among property fans, namely what is the nature of the right to exclude.

This Essay …

The Effect Of Clinical Education On Law Student Reasoning: An Empirical Study, Stefan H. Krieger

Hofstra Law Faculty Scholarship

During the past thirty years, clinical legal education has become an important component of most law school curricula. In clinics, students, typically in their second or third year of law school, represent clients in actual cases in a legal aid office at the law school, pursuant to a court approved "student practice order."' Under the supervision of faculty members, students interview and counsel clients, investigate facts, research legal rules, negotiate with opposing parties, draft documents, and try and argue cases in court. Proponents of clinical education have urged the development and expansion of clinical programs to train students in the …

Judicial Review Of Local Land Use Decisions: Lessons From Rluipa, Ashira Ostrow

Hofstra Law Faculty Scholarship

This Article questions whether traditional judicial deference to local land use regulators is justified in light of the highly discretionary, and often corrupt, modern system of land use regulation. In 2000, Congress determined, first, that unlike other forms of economic legislation, land use regulation lacks objective, generally applicable standards, leaving zoning officials with unlimited discretion in granting or denying zoning applications, and second, that this unlimited discretion lends itself to religious discrimination. Congress therefore enacted the Religious Land Use and Institutionalized Persons Act (RLUIPA), which requires courts to apply strict scrutiny review to land use decisions that impact religious land …

Reconstructing Journalists’ Privilege, Eric M. Freedman

Hofstra Law Faculty Scholarship

In the years since Branzburg v. Hayes, 408 U.S. 665 (1972), judicial protection of journalists' confidential sources has depended upon the case-by-case application of a three-part balancing test.

This qualified privilege approach is unsound in theory and unworkable in practice. Achieving the ultimate goal of enriching public dialogue requires an absolute privilege. This article (part of a symposium issue whose scheduled contributors include Anthony Lewis, Max Frankel, Victor A. Kovner, Joel M. Gora, and Rodney A. Smolla) supports that position with multiple lines of argument that include consideration of the lawyer-client analogy and build upon developments in law, history, journalism …

The Virtues Of Medicare, Jill R. Horwitz

Reviews

Most of us look forward to a heaven where people don't get sick. But if they do, health care would be traded among fully informed patients and providers in perfectly competitive and frictionless markets. In that perfect world, sick citizens simply shop for doctors the way they shop for other consumer goods. The better doctors, like the most elegant hotel rooms and fanciest cars, would cost more than inferior doctors. Patients would consult their utility meters and, with appropriate attention to discounting over an infinite lifetime, choose accordingly. After each treatment, the patients would know the quality of their outcome …

On Human Migration And The Moral Obligations Of Business, Linda H. Harris

UNF Graduate Theses and Dissertations

This work addresses to what extent businesses in the United States and the European Union have a moral obligation to participate in social integration processes in areas where they operate with the use of migrant laborers. It begins with the presupposition that a common framework as to what constitutes ethical behavior in business is needed and beneficial. It argues that the very industry that creates a need for migrant labor ought to also be involved in merging this labor successfully into the existing community and specifies that a discourse on business ethics and migration is gravely needed. This must be …

Pr 610 The Theology And Practice Of Preaching, Donald E. Demaray

Syllabi

Course description (catalog): “The course nurtures a vision of Christian preaching as a theological and pastoral activity of the church in service to the gospel. The core objectives of this course have been established to facilitate critical understanding of and competence in view of (1) preaching as witness to the gospel of Jesus Christ revealed in the Christian Scriptures and (2) preaching as both a gift of the holy Spirit and a human vocation which serves the creation of a community called to worship the Triune God as revealed through the narrative of the whole biblical canon. This course approaches …

Indicators Of Self-Rated Driving Ability Among A Community-Based Sample Of Older Adults, Michelle Lynn Ackerman

All ETDs from UAB

No abstract provided.

The Adaptive Immune System Of Sea Lamprey, Matthew N. Alder

All ETDs from UAB

No abstract provided.

Factors Influencing The Use Of Outcome Measures In Physical Therapy Practice, Frances M. Wedge

All ETDs from UAB

No abstract provided.

Microarray Data Analysis For Snp Effects And Inferring Alternative Splicing, Lang Chen

All ETDs from UAB

No abstract provided.

Are Rivers Just Bigstreams? Using A Pulse Method To Measure Nitrogen Demand In A Large River, J. L. Tank, E. J. Rosi-Marshall, Michelle A. Baker, R. O. Hall Jr.

Biology Faculty Publications

Given recent focus on large rivers as conduits for excess nutrients to coastal zones, their role in processing and retaining nutrients has been overlooked and understudied. Empirical measurements of nutrient uptake in large rivers are lacking, despite a substantial body of knowledge on nutrient transport and removal in smaller streams. Researchers interested in nutrient transport by rivers (discharge >10000 L/s) are left to extrapolate riverine nutrient demand using a modeling framework or a mass balance approach. To begin to fill this knowledge gap, we present data using a pulse method to measure inorganic nitrogen. (N) transport and removal in the …

Poverty And The Multiple Stakeholder Challenge For Global Leaders, C. Reade, Anne Marie Todd, A. Osland, J. Osland

Faculty Publications

The article presents a case study in which business leaders deal with challenging problems related to poverty, involving multiple stakeholders. This emphasizes the importance of training prospective global leaders to manage stakeholder relationships and engage in stakeholder dialogue. The authors highlight the stakeholder role played by nongovernmental organizations and include a simulation that develops stakeholder dialogue skills. They identify practical lessons and assumptions underlying business education that are not shared by all stakeholders in the context of poverty.

Incentives Bring Zero-Emission Vehicle Manufacturing To California, Annette M. Nellen

Faculty Publications

No abstract provided.

The Children Of War, Jennifer Plante

Human Rights & Human Welfare

There are more than 300,000 child soldiers in the world today. Complex economic and psychological factors have contributed to this large number; while some of these child soldiers qualify as slaves, many do not. Although there are several United Nations (U.N.) conventions that protect the rights of the child, many states have had difficulty implementing such protections. This has led to the perpetuation of the child slavery problem. Unfortunately for the children involved, their troubles do not end with the fighting. After the conflict, former soldiers must undergo the oftentimes-painful process of rehabilitation and integration back into society.

Forced Child Labor And Cocoa Production In West Africa, Marjie Sackett

Human Rights & Human Welfare

The cocoa industry has profited from the utilization of forced labor in West Africa since the late 1800s. Despite the Portuguese decree in 1876 abolishing slavery, and the release of cocoa plantation slaves, slave labor was quickly reemployed, aided by the exploitation of legal loopholes and government officials willing to turn a blind eye. In 1905, after hearing reports of unfavorable labor conditions, William Cadbury dispatched a member of the Anti-Slavery Society to investigate the cocoa plantations. Upon receiving confirmation of human rights violations, Cadbury boycotted Portuguese cocoa and persuaded two other chocolate firms to do the same. Cadbury’s actions …

Fuzzy Content Mining For Targeted Advertisement, Yezhou Wang

Master's Projects

Content-targeted advertising system is becoming an increasingly important part of the funding source of free web services. Highly efficient content analysis is the pivotal key of such a system. This project aims to establish a content analysis engine involving fuzzy logic that is able to automatically analyze real user-posted Web documents such as blog entries. Based on the analysis result, the system matches and retrieves the most appropriate Web advertisements. The focus and complexity is on how to better estimate and acquire the keywords that represent a given Web document. Fuzzy Web mining concept will be applied to synthetically consider …

Common Data Set, 2007-2008, Planning, Research, And Policy Analysis

Common Data Set (2001-present)

Common Data Set 2007-2008 for Illinois State University

Public School Governance And Democracy: Does Public Participation Matter, Natalie Gomez-Velez

Villanova Law Review (1956 - )

No abstract provided.

Placing A Round Peg Into A Square Hole: The Third Circuit Applies Erisa To Hybrid Pension Plans In Register V. Pnc, Christopher Cognato

Villanova Law Review (1956 - )

No abstract provided.

Estimating Bounds For Nonidentifiale Parameters Using Potential Outcomes, Thidaporn Supapakorn

Doctoral Dissertations

"Conclusions from studies vary regarding the association of weight loss among obese people and measures of health and/or mortality. Total weight loss for individuals in a population may be a combination of intentional weight loss (IWL) and unintentional weight loss (UWL). Among people who have no intention to lose weight, the total weight loss observed is UWL. Among people who have intention to lose weight, the total weight loss is assumed to be UWL and IWL. Note that total weight loss among subjects intending to lose weight is observable but IWL itself is not and, therefore, the latent variable that …

Synthesis And Evaluation Of Vegetable (Soybean) Oil Based Epoxy Resin For Beverage Can Coating And Enzymatic Synthesis And Characterization Of Tailored N&C End Protected Oligopeptides, Ying Gao

Doctoral Dissertations

"Research described in this dissertation covers two topics. Part-I is related to the development of a soybean oil based epoxy resin and its application in beverage can coatings. Interior surfaces of beverage can are invariably coated with polymer coating. The most commonly used coatings at present are derived from bisphenol A (BPA) based epoxy reins. However, due to perceived endocrine disrupting nature of BPA and consequential adverse effects on humans and wildlife concerns for the use of BPA based coatings and its leaching into beverages have been expressed. The research in the first part describes the synthesis and evaluation of …

Bioequivaience Study Of Two Different Formulations Of 300 Mg Gabapentin Capsule In Thai Healthy Volunteers, Supeecha Wittayalertpanya, Sumana Chompootaweep, Nongnuch Thaworn, Wondee Khemsri, Nantana Intanil

The Thai Journal of Pharmaceutical Sciences

The objective of this study was to compare the bioavailability of new generic product of gabapentin with the innovator’s product. The study was performed in 20 Thai male healthy volunteers who received a single oral dose of 300 mg gabapentin capsule. D...

The Role Of National Science Journals: Information, Advocacy And Education, Alexander T. Florence

The Thai Journal of Pharmaceutical Sciences

No abstract provided.

High-Performance Liquid Chromatographic Determination Of Asiatic Acid In Human Plasma, Phensri Thongnopnua

The Thai Journal of Pharmaceutical Sciences

Asiatic acid, an active metabolite of asiaticoside, is one of the biological active triterpenoids in Centella asiatica. A single liquid-liquid extraction and high-performance liquid chromatographic (HPLC) method have been developed and validated for the ...

Spectrophotometric Determination Of Total Alkaloids In Some Iranian Medicinal Plants, Fazel Shamsa, Hamidreza Monsef, Rouhollah Ghamooshi, Mohammadreza Verdian-Rizi

The Thai Journal of Pharmaceutical Sciences

A simple spectrophotometric method based on the reaction with bromocresol green (BCG) has been developed for determination of total alkaloids in medicinal plants. A yellow complex forms and is easily extractable by chloroform at pH 4.7. The absorbance of...

Antimicrobial Activity Of Endophytic Bacteria Isolated From Thai Medicinal Plant(ฤทธิ์ต้านจุลินทรีย์ของแบคทีเรียเอนโดไฟท์ที่แยกจากสมุนไพรไ..., Areerat Laorpaksa, Suree Jianmongkol, Wimon Pothiwong

The Thai Journal of Pharmaceutical Sciences

Endophytic bacteria were isolated from internal plant tissues within four days of collections using a surface disinfected method. One hundred and six isolates from thirty five of Thai medicinal plants were cultured in either nutrient broth or nutrient br...