Digital Commons Network^™

Agency And Luck, Joseph Raz

Faculty Scholarship

Advancing an account of responsibility which is based on the functioning of our rational capacities, the paper revisits some central aspects of the moral luck puzzle. It proposes a new variant of Williams’ agent-regret, but concludes that its scope does not coincide with cases of moral luck. It then distinguishes different ways in which the factors beyond our control feature in our engagement with the world which show how the guidance principle (we are responsible for actions guided by our rational powers) recognises a narrower range of situations of moral luck than is often supposed, allowing to distinguish between responsibility …

Subsidizing Creativity Through Network Design: Zero Pricing And Net Neutrality, Robin S. Lee, Tim Wu

Faculty Scholarship

Today, through historical practice, there exists a de facto ban on termination fees – also referred to as a “zero-price” rule (Hemphill, 2008) – which forbids an Internet service provider from charging an additional fee to a content provider who wishes to reach that ISP’s customers. The question is whether this zero-pricing structure should be preserved, or whether carriers should be allowed to charge termination fees and engage in other practices that have the effect of requiring payment to reach users. This paper begins with a defense of the de facto zero-price rule currently in existence. We point out that …

Debt, Bankruptcy, And The Life Course, Allison Mann, Ronald J. Mann, Sophie Staples

Faculty Scholarship

This Essay considers the significance of credit markets and bankruptcy for life course mobility. Comparing parallel data from the 2007 Survey of Consumer Finances (SCF) and the 2007 Consumer Bankruptcy Project (CBP), it analyzes use of the bankruptcy process as a function of the distribution of unplanned events, the ability of households to use credit markets to limit the adverse effects of such events, and barriers in access to the bankruptcy system. Our findings suggest two things. One, although the financial characteristics of filers vary markedly by age and race, bankrupt households generally come from the bottom quartiles of the …

Contracts, Orphan Works, And Copyright Norms: What Role For Berne And Trips?, Jane C. Ginsburg

Faculty Scholarship

This Chapter addresses the extremes of private ordering, and the extent to which the principal multilateral copyright instruments, the Berne Convention and the TRIPs Accord, limit the range of State responses to the problems encountered at the far ends of the copyright-contract spectrum. At one end, we encounter private ordering at its most aggressive, in which private parties enter into agreements (or, more likely, the stronger party coerces the weaker parties, who may be mass market consumers) to protect subject matter or rights excluded from the ambit of copyright's exclusivity. At the other end, the difficulties arise not from overweening …

Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz

Articles

No abstract provided.

Arrow’S Theorem And The Exclusive Shareholder Franchise, Grant M. Hayden, Matthew Bodie

Hofstra Law Faculty Scholarship

In this Essay, we contest one of the main arguments for restricting corporate board voting to shareholders. In justifying the limitation of the franchise to shareholders, scholars have repeatedly turned to social choice theory — specifically, Arrow's theorem — to justify the exclusive shareholder franchise. Citing to the theorem, corporate law commentators have argued that lumping different groups of stakeholders together into the electorate would result in a lack of consensus and, ultimately, the lack of coherence that attends intransitive social choices, perhaps even leading the corporation to self-destruct. We contend that this argument is misguided. First, we argue that …

Making Pregnancy Work: Overcoming The Pregnancy Discrimination Act's Capacity-Based Model, Joanna L. Grossman, Gillian L. Thomas

Hofstra Law Faculty Scholarship

This Article considers the gaps and obstacles in current law faced by the pregnant woman whose job duties may conflict with pregnancy's physical effects. While there is no inherent conflict between pregnancy and work, women in physically strenuous or hazardous occupations, from nursing to law enforcement, routinely confront situations in which they are physically unable to perform aspects of their job or, though physically able, seek to avoid certain tasks because of the potential risks to maternal or fetal health. The Pregnancy Discrimination Act of 1978 (PDA) broadly protects against pregnancy discrimination, but it provides absolute rights only to the …

Cooperation With Securities Fraud, Ronald J. Colombo

Hofstra Law Faculty Scholarship

Secondary actors, such as lawyers, accountants, and bankers, are oftentimes critical players in securities fraud. The important question of their liability to private plaintiffs has been, and remains, one of considerable confusion. In Stoneridge Inv. Partners LLC v. Scientific-Atlanta, Inc., the U.S. Supreme Court could have, but failed to, dispel some of this confusion.

Contrary to the common understanding, Stoneridge did not foreclose liability on the part of secondary actors who manage to remain anonymous participants in securities fraud. Read carefully, Stoneridge instead held that proximity to fraud should drive the liability determination.

Although “proximity” is itself an indefinite …

Revisiting Prosecutorial Disclosure, Alafair Burke

Hofstra Law Faculty Scholarship

After the exoneration of more than 200 people based on post-conviction DNA evidence, a growing movement against wrongful convictions has called increased attention to the prosecutorial suppression of material, exculpatory evidence. Commentators frequently study prosecutorial failures to disclose as a form of intentional misconduct, coloring both the description of the problem and the recommended solutions. This Article, in contrast, explores how even ethical prosecutors might fail to disclose exculpatory evidence because of flaws in the Brady doctrine itself - specifically, the Court's limitation of the doctrine to "material" exculpatory evidence. The materiality standard preys upon cognitive biases that distort even …

Ignorance Is Effectively Bliss: Collateral Consequences, Silence, And Misinformation In The Guilty-Plea Process, Jenny Roberts

Hofstra Law Faculty Scholarship

In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence-every jurisdiction, that is, except Kentucky. The Supreme Court …

Theories Of Poverty/The Poverty Of Theory, Barbara Stark

Hofstra Law Faculty Scholarship

The world has never been richer. At the same time, the number of people living in poverty has increased by almost 100 million and the chasm between the rich and the poor has become unfathomable. In 2004, 969 million people lived on less than a dollar a day. As former World Bank President Robert McNamara summed up, these people experience "a condition of life so characterized by malnutrition, illiteracy, disease, squalid surroundings, high infant mortality and low life expectancy as to be beneath any reasonable definition of human decency."' Yet there are more billionaires than ever before, people who have …

Designing Factfinding For Cross-Border Healthcare, Vern R. Walker

Hofstra Law Faculty Scholarship

A critical problem in providing appropriate compensation for medical accidents in the context of cross-border healthcare is designing and supervising the fact-finding processes. Numerous compensation systems in multiple jurisdictions, handling a high volume of cases, must be able to achieve outcome efficiency (neither under-compensating nor over-compensating victims), while also achieving administrative efficiency (low transaction costs). It is impossible to achieve these goals without consistent, accurate, evidence-based fact-finding, particularly in an area as factually complex as medical-accident compensation. This paper discusses a framework for producing such fact-finding without creating a centralized fact-finding institution, and provides examples of general principles, institutional structures, …

Articles Of Confederation, Eric M. Freedman

Hofstra Law Faculty Scholarship

The Articles of Confederation were the formal charter of the government of the United States until they were superseded by the Constitution. As tensions with Great Britain grew during the third quarter of the eighteenth century, so did American interest in the creation of a confederation of the colonies. Such a confederation was viewed as a step toward independence. When on June 7, 1776, Richard Henry Lee proposed that the Second Continental Congress declare independence, he also moved "that a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation."

Pregnancy And Social Citizenship, Joanna L. Grossman

Hofstra Law Faculty Scholarship

Can pregnant working women capture the benefits of equal citizenship? Or do the physically effects of pregnancy, combined with the law's general failure to insist that they be accommodated, make that an elusive goal? This chapter takes up those questions by reconsidering pregnancy discrimination law through the lens of social citizenship.

This chapter develops a citizen-based model for evaluating pregnancy discrimination law, offering it as a substitute to the conventional gender equality framework. Because modern law takes a capacity-based approach to defining discrimination, it ultimately fails to promote sufficient integration of women into workplaces and occupations in which the physical …

A Pilot Study Evaluating Use Of A Computer-Assisted Neurorehabilitation Platform For Upper-Extremity Stroke Assessment, Xin Feng, Jack Winters

Electrical and Computer Engineering Faculty Research and Publications

Background

There is a need to develop cost-effective, sensitive stroke assessment instruments. One approach is examining kinematic measures derived from goal-directed tasks, which can potentially be sensitive to the subtle changes in the stroke rehabilitation process. This paper presents the findings from a pilot study that uses a computer-assisted neurorehabilitation platform, interfaced with a conventional force-reflecting joystick, to examine the assessment capability of the system by various types of goal-directed tasks.

Methods

Both stroke subjects with hemiparesis and able-bodied subjects used the force-reflecting joystick to complete a suite of goal-directed tasks under various task settings. Kinematic metrics, developed for specific …

Modeling And Simulation Of Coaxial Helicopter Rotor Aerodynamics, Murat Gecgel

Mechanical & Aerospace Engineering Theses & Dissertations

A framework is developed for the computational fluid dynamics (CFD) analyses of a series of helicopter rotor flowfields in hover and in forward flight. The methodology is based on the unsteady solutions of the three-dimensional, compressible Navier-Stokes equations recast in a rotating frame of reference. The simulations are carried out by solving the developed mathematical model on hybrid meshes that aim to optimally exploit the benefits of both the structured and the unstructured grids around complex configurations. The computer code is prepared for parallel processing with distributed memory utilization in order to significantly reduce the computational time and the memory …

Barack Obama, Margarita Lopez Torres, And The Path To Nomination, Ellen D. Katz

Articles

Operating within these regimes, Obama was able to mount a credible--and ultimately successful--challenge to the leadership's choice for the nomination while Lopez Torres could not. This article offers an explanation why. It argues that Obama succeeded where Lopez Torres failed because the nomination process Obama traversed was more penetrable and more contestable than the one Lopez Torres faced.

Comparing High School Students' And Adults' Perceptions Of Technological Literacy, Henry Ladson Harrison Iii

STEMPS Theses & Dissertations

This study compared high school student's perceptions of technology and technological literacy to those perceptions of the general public. Additionally, individual student groups were compared statistically to determine significant differences between the groups. The ITEA/Gallup Poll instrument was used to survey high school student's perceptions of technology in the study. The instrument has been used twice (2001, 2004) in the United States and once (2005) in Hong Kong to survey adult's perceptions of technology. The student population in question consisted of three subgroups: students enrolled in a standards-based technology education courses, students enrolled in a Project Lead the Way® (PLTW®) …

A Meta-Analysis Of Supplemental Educational Services (Ses) Provider Effects On Student Achievement, Shanan L. Chappell

Teaching & Learning Theses & Dissertations

The 2001 renewal of the United States' Title I program, which provides federal funds to schools with large populations of low-income students, instituted the Supplemental Educational Services (SES) program in which schools in their third year of failing to make Adequate Yearly Progress (AYP) are required to offer after-school tutoring in core subjects to low-income students, provided by public or private tutoring agencies. States are responsible for implementing, overseeing, and evaluating the SES programs; currently, several states and large local school districts have performed evaluations, with many more in the process of publishing results from statewide SES studies. Although state …

The Impact Of Dual Enrollment Participation On Degree Attainment, Peggy Anne Westcott

Educational Leadership & Workforce Development Theses & Dissertations

Dual enrollment programs continue to grow in the United States; however, little empirical research examines the relationship between this high school experience and future college success and degree attainment. This study examines degree attainment for first-time beginning students who began their postsecondary education at a Virginia Community College during the fall semester, 2002. It follows those students for six years across all institutions attended, comparing degree attainment for two identified groups; students with dual enrollment credit earned prior to fall 2002 (dual enrolled students) and students with no prior dual credit (traditional students). It explores the differences that exist between …

Neutron Structure Functions Measured With Spectator Tagging, Svyatoslav Tkachenko

Physics Theses & Dissertations

We know much less about the neutron than the proton due to the absence of free neutron targets. Neutron information has to be extracted from data on nuclear targets like deuterium. This requires corrections for off-shell and binding effects which are not known from first principles and therefore are model-dependent. As a consequence, the same data can be interpreted in different ways, leading to different conclusions about important questions such as the value of the d/u quark ratio at large momentum fraction x. The Barely Off-shell NUcleon Structure (BONUS) experiment at Jefferson Lab addressed this problem by tagging spectator protons …

A Subspace Projection Methodology For Nonlinear Manifold Based Face Recognition, Praveen Sankaran

Electrical & Computer Engineering Theses & Dissertations

A novel feature extraction method that utilizes nonlinear mapping from the original data space to the feature space is presented in this dissertation. Feature extraction methods aim to find compact representations of data that are easy to classify. Measurements with similar values are grouped to same category, while those with differing values are deemed to be of separate categories. For most practical systems, the meaningful features of a pattern class lie in a low dimensional nonlinear constraint region (manifold) within the high dimensional data space. A learning algorithm to model this nonlinear region and to project patterns to this feature …

Wireless Personal Area Network-Based Assistance For The Visually Impaired, Kurt Matthew Peters

Electrical & Computer Engineering Theses & Dissertations

In this dissertation, a system allowing a visually impaired person to interact with his environment is developed using modern, low-power wireless communications techniques. With recent advances in wireless sensor networks, open-source operating systems, and embedded processing technology, low-cost devices have become practically feasible as a personal notification system for impaired people. Additionally, text-to-speech capabilities can now be employed without special application specific integrated circuits (ASICs), allowing low-cost, general-purpose processors to fill a niche that once required expensive semiconductors.

The system takes advantage of 802.15.4 and media access control (MAC) protocols offered by the open source operating system TinyOS. Important characteristics …

Interpreting Data: A Reply To Professor Pardo, Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, Elizabeth Warren

Articles

Professor Pardo has published a pointed critique to our Report, raising three major complaints. First, he claims that we make two predicating assumptions in our study that are flawed. Second, he contends that we misunderstand the means test and fail to appreciate with sufficient "nuance" its "operative effect." Third, he maintains that our Report suffers from methodological problems. We can address the two impugned assumptions quickly. The first one - that BAPCPA's means test is the sole causal agent driving 800,000 putative filers from the bankruptcy courts - is not one we make. The second - regarding the income profiles …

Mathematical Models For Natural Gas Forecasting, Steven Vitullo, Ronald H. Brown, George F. Corliss, Brian M. Marx

Electrical and Computer Engineering Faculty Research and Publications

It is vital for natural gas Local Distribution Companies (LDCs) to forecast their customers' natural gas demand accurately. A significant error on a single very cold day can cost the customers of the LDC millions of dollars. This paper looks at the financial implication of forecasting natural gas, the nature of natural gas forecasting, the factors that impact natural gas consumption, and describes a survey of mathematical techniques and practices used to model natural gas demand. Many of the techniques used in this paper currently are implemented in a software GasDay^TM, which is currently used by 24 LDCs …

Change, Dependency, And Regime Plasticity In Offshore Financial Intermediation: The Saga Of The Netherlands Antilles, Craig M. Boise, Andrew P. Morriss

Faculty Scholarship

The legal regimes of offshore jurisdictions have historically differed in significant ways from those applicable in onshore jurisdictions. Inevitably, legal and financial professionals have seized upon these differences to develop strategies for reducing transactions costs. A prominent example of such cross-border arbitrage was the routing of Eurodollar loans through a small group of former Dutch island colonies in the Caribbean, a practice which peaked in the mid-1980s, when virtually every major U.S. corporation made interest payments to a Netherlands Antilles finance subsidiary. The "Antilles sandwich" strategy exploited the difference between high U.S. withholding tax rates that applied to interest payments …

Reputation, Information And The Organization Of The Judiciary, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

The reputation of the judiciary, individually or as a whole, determines its status in any given society and its ability to compete effectively for resources. We analyze reputation and make three claims. First, reputation matters. Virtually every theory of judicial power is dependent, ultimately, on perceptions of judges, who famously lack the purse or the sword. Our second claim is that reputation can be divided into individual and collective components. Individual reputation provides information about individual performance whereas collective reputation provides information about the quality of the judiciary in general. We use the economics of team production to analyze the …

Guarding The Guardians: Judicial Councils And Judicial Independence, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for …

The Chapter 13 Estate And Its Discontents, David G. Carlson

Articles

Thirty years after the enactment of the Bankruptcy Code, the courts have yet to agree on a theory of the bankruptcy estate in Chapter 13 cases. This is not the fault of the courts. The Bankruptcy Code is contradictory as to the composition of the chapter 13 estate. This article selects one of four possible theories and defends it as the one that does the least violence to the plain meaning of the Bankruptcy Code.

This theory is referred to in this article as the "Divestment Theory," because it holds that, upon confirmation of a chapter 13 plan, the debtor …

The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward D. Stein

Articles

This article examines “the accidental procreation argument,” an argument against same-sex marriage that still has some traction in United States appellate courts. The accidental procreation argument is meant to take the place of one of the central arguments made by states — and almost universally accepted by courts — in the first batch of cases in the United States about same-sex marriage. That original procreation-based argument — now widely acknowledged to be inadequate — posited that marriage is crucially related to procreation; therefore, since same-sex couples cannot procreate, same-sex couples should not be allowed to marry. The accidental procreation argument …