Digital Commons Network^™

Littoral Cells, Longshore Transport And Wave Climate: An Examination Of Littoral Transport Along The Western Shore Of Prince Edward County, Ontario, Jayson A. Childs

Theses and Dissertations (Comprehensive)

This study discusses the wave climate and potential littoral transport along the western shore of Prince Edward County approximately two hours east of Toronto along the northern shoreline of Lake Ontario. The limestone headlands and barrier bars of the western coast are exposed toward a southwesterly fetch of approximately 200 km that can produce large offshore wave heights of 2–5 m. The wave model STWAVE was used to transform a standard set of wave conditions developed from recent hindcast data to examine fair weather, storm and extreme conditions for five directions between south and west-northwest along the shore. The resulting …

Dhamma Education: The Transmission And Reconfiguration Of The Sri Lankan Buddhist Tradition In Toronto, Deba Mitra Bhikkhu

Theses and Dissertations (Comprehensive)

This research documents the transition of a religious tradition from a foreign-born generation to a new generation who call Canada home. It examines how first-generation Sri Lankan Buddhists in Toronto transmit their Buddhist tradition to their Canadian children, how the latter receive what is passed on to them, and what happens within the tradition through the process of transmission and reception. These issues are of paramount concern not only for Buddhist communities in North America but also for other immigrant and refugee groups undergoing the process of resettlement. Working with two Sri Lankan temples in Toronto, the Toronto Mahavihara and …

Place And Food: A Relational Analysis Of Personal Food Environments, Meanings Of Place And Diet Quality, Ellen Desjardins

Theses and Dissertations (Comprehensive)

This study investigates the relational layers of meanings that people experience at places in their food environment, and how individuals express a sense of place through their collective interactions with, and understandings of, food places. It also explores the patterns of difference among these meanings of place and sense of place in terms of their potential association with dietary quality. The context of this inquiry was two-fold: first, the need identified by several population health researchers and to re-imagine place as relational and include it in the study of behavioural responses to the changing food environment; and secondly, my interest …

Structural And Pricing Decisions In Manufacturing/Remanufacturing Systems With Vertically Differentiated Products, Hamidreza Faramarzi

Theses and Dissertations (Comprehensive)

This research encompasses three related papers to address some of the influencing factors in structural and pricing decisions in supply chains with manufacturing and remanufactunng. We consider new and remanufactured products that are vertically differentiated, that is, the consumers perceive the remanufactured product as of a lower quality and thus they are not willing to pay for them as much as they would for the new product. Examples of such products are seen in computer systems, automotive parts and office equipment.

In the first paper, we consider a closed loop supply chain that includes a manufacturer, a remanufacturer and a …

User-Generated Content Sites And Section 512 Of The Us Copyright Act, Jane C. Ginsburg

Faculty Scholarship

This book chapter considers the liability of entrepreneurs of ‘user-generated content’ (UGC) sites. These immensely popular fora, such as YouTube and My Space, enable their participants to post and view a great variety of content, not all of it in fact generated by the posting user. The legislative compromise worked out between telecommunications providers and content owners in the 1998 ‘Digital Millennium Copyright Act’ provides the statutory framework, at once insulating the operators of UGC sites from debilitating copyright sanctions, while still affording meaningful relief to copyright owners. The statutory criteria to qualify for the section 512(c) safe harbor are …

Conjunction Search Onset Following Single-Feature Preview: Equating Visual Transients, Wafa Saoud

Theses and Dissertations (Comprehensive)

What happens to visual selection if the features of objects in a scene are viewed incrementally rather than simultaneously? According to Olds et al. (2009), it depends upon which feature is presented first. Olds et al. (2009) used the feature-preview search paradigm to cue conjunction search items by presenting observers with a preview display that contained 1 of 2 features for all of the search items. Prior exposure to some features facilitated subsequent visual selection more than prior exposure to others; overall, size-preview offered the greatest search facilitation, followed by color-preview, and lastly, orientation-preview. Some feature-preview conditions, however, contained luminance …

The Influence Of Plantar Cutaneous Stimulation On A Functional Test Of Gait In Parkinson’S Disease, Rachel Van Oostveen

Theses and Dissertations (Comprehensive)

Although possible deficits in proprioception have been implicated as a cause of gait impairments in individuals with Parkinson’s disease (PD), little research has been done to investigate improving this possible deficit as a method to influence mobility. The overall purpose of the current thesis was to investigate the influence of increased plantar stimulation on stability and gait impairments. This study also investigated the contribution of attention to locomotion in PD. The two studies comprising this thesis addressed the possible influence of the ribbed insoles in the initial response of PD participants as well as the long-term use of the insole. …

Jam Tomorrow: Distributive Justice And The Limits Of International Economic Law, Barbara Stark

Hofstra Law Faculty Scholarship

The chasm between the rich and the poor has become unfathomable. This Article asks whether existing international economic law can bridge this chasm and effectuate distributive justice. "Distributive justice" itself is an ambiguous goal. This Article inquires, as a threshold question, what, exactly, is required for actual "distributive justice". It takes as a starting point the relatively modest objective of the Millennium Development Goals-to halve the number living in extreme poverty by 2015. It argues that this objective is not going to be achieved under the aegis of international economic law for two reasons. First, distributive justice is not an …

Too Big A Canon In The President’S Arsenal: Another Look At United States V. Nixon, Eric Lane, Frederick A.O. Schwarz Jr., Emily Berman

Hofstra Law Faculty Scholarship

A critical element in the legal and rhetorical foundation for the institutionalization of secrecy is United States v. Nixon, the Supreme Court decision that recognized executive privilege as an executive prerogative rooted in Article II of the Constitution. The reasoning of the Nixon decision contains significant flaws. And, in large part because of these flaws, the Supreme Court's decision in Nixon-while nominally addressing only executive privilege-has enabled a culture of executive branch secrecy to take hold.

In Part I, the Nixon decision is examined. In Part II, we explain how Nixon failed to balance the costs and benefits of secrecy …

Albany’S Dysfunction Denies Due Process, Eric Lane, Laura Seago

Hofstra Law Faculty Scholarship

The coup that shut down the New York State Senate for over a month last summer brought the State Legislature's dysfunction to the forefront of public consciousness. As the public waited for the approval of several critical budget bills and action on a long list of substantive legislation, two members of the newly elected Democratic majority deserted to the Republican side and then switched back again to caucus with the Democrats, destabilizing the already listing New York ship of state and spreading disgust among their colleagues and the public at large. These events were, unfortunately, not anomalous. The process by …

When Others Get Too Close: Immigrants, Class, And The Health Care Debate, Janet L. Dolgin, Katherine R. Dieterich

Hofstra Law Faculty Scholarship

This Article describes one genre of contemporary anti-immigrant rhetoric, examines the social and economic forces that engender that rhetoric, and delineates its implications for the national debate about health care reform.

The Article details the underlying significance of America's opaque, yet highly competitive, class system to immigration reform and to health care reform. It locates the population most compelled by anti-immigrant rhetoric in the so-called intermediate strata (more generally referred to as the lower middle class). Careful examination of the relevant rhetoric suggests a broad explanation of the nation's reluctance, over almost a century, to construct a system of universal …

Court Reform Enters The Post-Caperton Era, James Sample

Hofstra Law Faculty Scholarship

This Article considers the significant state court reform developments in the year following the Supreme Court’s landmark decision in Caperton v. A.T. Massey Coal Co., as well as ancillary federal developments, including renewed congressional interest in judicial disqualification. Picking up on the author’s view that “paradoxically for a decision overturning a state justice’s non-recusal, the majority’s approach is a model of cooperative federalism,” the Article focuses primarily on the initial developments pertaining to money in the courts in Wisconsin, Michigan, and West Virginia in the short period since the decision.

The Article notes that while recusal practices have certainly been …

Caperton: Correct Today, Compelling Tomorrow, James Sample

Hofstra Law Faculty Scholarship

This symposium article asserts that Caperton v. A.T. Massey Coal Co. is correct in result; correct in its narrowness; and correct in calling on courts to be more rigorous in recusal than due process requires. The article argues that Caperton is a model of judicial restraint and that, paradoxically for a decision overturning a state justice's non-recusal, the majority's approach is a model of cooperative federalism. These characteristics are particularly exemplified by the degree to which the opinion tracks the counsel offered by the Conference of Chief Justices, both as to what the opinion decides, and as to what it …

Debts, Disasters, And Delinquencies: A Case For Placing A Mandatory Force Majuere Provision Into Consumer Credit Agreements, Norman I. Silber

Hofstra Law Faculty Scholarship

This article addresses inequities in the apportionment of losses which arise when traditional consumer finance rules are applied to enforce consumer payment obligations which accrue during and after catastrophes. Disasters lead inevitably to job losses, to property destruction, and to inhibited access to homes and workplaces. In the wake of devastation, consumer fees and interest charges mount, and payment defaults increase. It is argued here that the resulting individual hardships and social distress could be mitigated by mandating the inclusion of force majeure provisions in consumer finance agreements and by creating a national consumer credit insurance fund.

Abstention: The Unexpected Power Of Withholding Your Vote, Grant M. Hayden

Hofstra Law Faculty Scholarship

This Article examines the effect of abstentions on the outcome of votes. Scholars (and voters) operate under two basic assumptions about the nature of abstention. First, they assume that an abstention affects all alternatives in equal measure. Second, and relatedly, people assume that a voter's preferred alternative will be less likely to win if that voter abstains (and, of course, more likely to win if she votes). Removing the potential full support of a vote and replacing it with the fifty-fifty proposition of an abstention should hurt the chances of a voter's preferred alternative. These two assumptions guide the thinking …

Shareholder Democracy And The Curious Turn Toward Board Primacy, Grant Hayden, Matthew T. Bodie

Hofstra Law Faculty Scholarship

Corporate law is consumed with a debate over shareholder democracy. The conventional wisdom counsels that shareholders should have more voice in corporate governance, in order to reduce agency costs and provide democratic legitimacy. A second set of theorists, described as "board primacists," advocates against greater shareholder democracy and in favor of increased board discretion. These theorists argue that shareholders need to delegate their authority in order to provide the board with the proper authority to manage the enterprise and avoid short-term decision making.

In the last few years, the classical economic underpinnings of corporate law have been destabilized by a …

The Effect Of Race On Eyewitness Identification Lineup Processing Strategies: An Analysis Of Eye Movements, Ryan Betts

Dissertations and Theses @ UNI

Race plays an extremely important role in people's ability to recognize or identify an individual in an eyewitness identification situation. In particular, other-race faces are more poorly recognized than same-race faces. This phenomenon, known as the cross-race effect, compounded by problematic lineup administration, contribute to the hundreds of falsely convicted people who continue to be exonerated through DNA evidence to this day. The current study focused on the role that race plays in an eyewitness's decision making strategy when viewing simultaneous police lineups. Eye tracking methodology was used to analyze eye movements and fixations while viewing lineups that were of …

Talking About Prosecutors, Alafair Burke

Hofstra Law Faculty Scholarship

This Article explores the narrative that the scholarly literature on wrongful convictions uses to talk about prosecutors. In the prevailing narrative of the wrongful conviction literature, stories of bad prosecutorial decision making in the cases against Genarlow Wilson, the Jena Six, and three Duke lacrosse players are merely high-profile examples of misconduct that happens every day in America’s prosecutors’ offices and courtrooms. What emerges from the current discourse on wrongful convictions is a language of fault — fault placed on prosecutors who fail to value justice at each turn of the proceedings. Separate from the empirical question of how widespread …

When Family Matters, Alafair Burke

Hofstra Law Faculty Scholarship

In Privilege or Punish: Criminal Justice and the Challenge of Family Ties, Dan Markel, Jennifer Collins, and Ethan Leib make an important contribution to the growing literature on criminal law and families by documenting the ways that criminal law advantages and burdens actors based on familial status and identifying the potential harms that are unleashed when criminal law recognizes family status. This Feature seeks to complement that contribution by situating the authors’ observations within the context of two considerations beyond Privilege or Punish’s immediate focus: chronological trends and the practical realities that can shape application of formal law. By distinguishing …

Zealous Representation: The Pervasive Ethic, Monroe Freedman, Abbe Smith

Hofstra Law Faculty Scholarship

Closely related to the concept of client autonomy is the lawyer’s obligation to give “entire devotion to the interest of the client, warm zeal in the maintenance and defense of his rights and the exertion of [the lawyer’s] utmost learning and ability.” The ethic of zeal is a “traditional aspiration” that was already established in Abraham Lincoln’s day, and continues today to be “the fundamental principle of the law of lawyering” and “the dominant standard of lawyerly excellence.”

Transactional Planning And Advice, Linda Galler, Michael B. Lang

Hofstra Law Faculty Scholarship

The point of conflicts of interest rules is to protect clients' reasonable expectations that legal advisors and representatives will act on their behalf free from compromising loyalties and influences. Thus, the basic principle embodied in the Model Rules' conflict provisions is that a lawyer may not represent anyone where the interests of another person - a current or former client, perhaps, or the lawyer's own interests - could impair the lawyer's ability to zealously and impartially act on a client's behalf. Resolution of a conflict might entail declining to undertake representation, withdrawing from an existing representation, or obtaining a Client …

Classroom Storytelling, Alafair S. Burke

Hofstra Law Faculty Scholarship

This brief story was solicited by the UMKC Law Review for a special volume, entitled "One-L Revisited," focusing on the first-year law school experience. The issue will be introduced by best-selling author Scott Turow.

Human Rights Without Foundations, Joseph Raz

Faculty Scholarship

This is a good time for human rights. Not that they are respected more than in the past. The flagrant resort to kidnapping, arbitrary arrests, and torture by the United States of America (USA), and the unprecedented restriction of individual freedom in the USA, and in Great Britain (GB), cast doubt about that. It is a good time for human rights in that claims about such rights are used more widely in the conduct of world affairs than before. There are declarations of and treaties about human rights, international courts and tribunals with jurisdiction over various human right violations. They …

World Of Viruses: The Frozen Horror, Martin Powell, Tom Floyd, Angie Fox, Anisa Angeletti, Peter Angeletti, Judy Diamond, Kristin Watkins, Charles Wood

Books: College of Public Health

No abstract provided.

Wireless Sensor Network Radio Power Management And Simulation Models, Michael I. Brownfield, Theresa Nelson, Scott Midkiff, Nathaniel J. Davis Iv

Faculty Publications

Wireless sensor networks (WSNs) create a new frontier in collecting and processing data from remote locations. The IEEE 802.15.4 wireless personal area network-low rate (WPAN-LR) WSNs rely on hardware simplicity to make sensor field deployments both affordable and long-lasting without maintenance support. WSN designers strive to extend network lifetimes while meeting application-specific throughput and latency requirements. Effective power management places sensor nodes (or motes) into one of the available energy-saving modes based upon the sleep period duration and the current state of the radio. The newest generation of WPAN-LR-based sensor platform radios operates at a 250 kbps data rate and …

Where Is The Learning In Smaller Learning Communities? Academic Press, Social Support For Learning, And Academic Engagement In Smaller Learning Community Classrooms, Christopher Michael Fischer

Teaching & Learning Theses & Dissertations

The extent to which Academic Press and strong social relationships impact Academic Engagement in smaller learning communities (SLCs) situated in large comprehensive urban high schools was investigated. Data were collected through classroom observations, student questionnaires and focus groups with teachers and analyzed using descriptive statistics, multivariate analysis of variance (MANOVA), and content analysis of focus interview transcripts. Findings from the survey data confirm those found in much of the existing literature, namely that students experiencing high levels of Academic Press were more often the most academically engaged. This finding was also confirmed for African American students in high Academic Press …

College Student Adjustment And Health Behaviors, Lisa Anne Hall

Educational Leadership & Workforce Development Theses & Dissertations

This study explored the relationship between student adjustment theory and college student health behaviors. Specifically, this research examined first-year freshmen college student physical activity and nutrition behaviors and impact on adjustment to college (N = 37,564). The design for this study was a non-experimental ex post facto examination of archival data provided by the American College Health Association's National College Health Assessment II survey, spanning academic years 2008 through 2009. The main variables in this study included student physical activity and nutrition behaviors. Baker and Siryk's student adjustment theory was used as a theoretical framework to identify survey questions related …

The Administration Of Community College Blogs: Considering Control And Adaptability In Loosely Coupled Systems, Troy A. Swanson

Educational Leadership & Workforce Development Theses & Dissertations

The purpose of this study using a multiple case study method is (1) to further the understanding of how community college administrators and blog authors strike a balance between organizational control and adaptability when implementing and using blog technologies and (2) to create a model that will help administrators better strike this balance within a loosely coupled system of college units and individuals. The rise of Web 2.0 technologies, which allows for direct publication to the Internet, presents two conundrums for community colleges: the conundrum of control and the conundrum of adaptability. As the oldest implementation of Web 2.0 technologies, …

"Per Se Illegality For Reverse Payment Settlements?" Review Of "Unsettling Drug Patent Settlements: A Framework For Presumptive Illegality, Daniel A. Crane

Reviews

Congratulations to Mike on a very fine book. I will confine my comments to Mike's chapter on patent settlements (Chapter 15), which I understand will also be coming out as an article in the Michigan Law Review. Patent settlements involving "reverse payments" are a huge topic on which I and many others have spilled much ink already. Representative Bobby Rush (President Obama's erstwhile nemesis from Chicago's South Side) has just introduced legislation that would ban reverse payments.' I will not regurgitate my entire spiel on patent settlements here, but instead just try to highlight my essential disagreement with Mike …

Measurement And Modeling Of Infrared Nonlinear Absorption Coefficients And Laser-Induced Damage Thresholds In Ge And Gasb, T. J. Wagner, M. A. Bohn, Ronald A. Coutu Jr., L. P. Gonzalez, J. M. Murray, K. L. Schepler, S. Guha

Electrical and Computer Engineering Faculty Research and Publications

Using a simultaneous fitting technique to extract nonlinear absorption coefficients from data at two pulse widths, we measure two-photon and free-carrier absorption coefficients for Ge and GaSb at 2.05 and 2.5 μm for the first time, to our knowledge. Results agreed well with published theory. Single-shot damage thresholds were also measured at 2.5 μm and agreed well with modeled thresholds using experimentally determined parameters including nonlinear absorption coefficients and temperature dependent linear absorption. The damage threshold for a single-layer Al₂O₃ anti-reflective coating on Ge was 55% or 35% lower than the uncoated threshold for picosecond or nanosecond …