Digital Commons Network^™

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge

Faculty Scholarship

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …

Family Values In The Jewish Tradition, J. David Bleich

Articles

In Family Values in the Jewish Tradition, Professor J. David Bleich presents Judaism as a religion of law. He describes the family unit, "both as a social unit and as a legal institution," and how it helps to provide comfort, companionship, and stability. He discusses the role of reproduction within the family unit, artificial insemination, and the homosexual act (not the homosexual as a person). Professor Bleich concludes with a discussion of the phrase, "be fruitful and multiply." He notes that this phrase is understood as both a commandment and a blessing.

Class Dismissed: Contemporary Judicial Hostility To Small-Claims Consumer Class Actions, Myriam E. Gilles

Articles

I start from the view that small-value consumer claims are a primary reason that class actions exist, and that without class actions many - if not most - of the wrongs perpetrated upon small-claims consumers would not be capable of redress. It would then seem to follow that the class action device should be readily available in small-claims consumer cases. And yet, over the past decade, federal district courts have repeatedly declined to certify class actions on grounds that are specific to small-claims consumer cases. Foremost among those grounds is the notion that the federal class action rule carries within …

Information Theoretic Approach For Assessing Image Fidelity In Photon-Counting Arrays, Srikanth R. Narravula, Majeed M. Hayat, Bahram Javidi

Electrical and Computer Engineering Faculty Research and Publications

The method of photon-counting integral imaging has been introduced recently for three-dimensional object sensing, visualization, recognition and classification of scenes under photon-starved conditions. This paper presents an information-theoretic model for the photon-counting imaging (PCI) method, thereby providing a rigorous foundation for the merits of PCI in terms of image fidelity. This, in turn, can facilitate our understanding of the demonstrated success of photon-counting integral imaging in compressive imaging and classification. The mutual information between the source and photon-counted images is derived in a Markov random field setting and normalized by the source-image’s entropy, yielding a fidelity metric that is between …

Helping Nonprofits Police Themselves: What Trust Law Can Teach Us About Conflicts Of Interest, Melanie B. Leslie

Articles

No abstract provided.

Disciplines And Jurisdictions: An Historical Note, Peter Goodrich

Articles

No abstract provided.

Theatres Of The Book: Covering, Flaunting, Marketing,Author And Text, Peter Goodrich

Articles

No abstract provided.

The Wisdom Of Crowds? Groupthink And Nonprofit Governance, Melanie B. Leslie

Articles

Scandals involving nonprofit boards and conflicts of interest continue to receive considerable public attention. Earlier this year, for example, musician Wyclef Jean's Yele Haiti charity became the target of intense criticism after the charity disclosed that it had regularly transacted business with Jean and entities controlled by Jean and other directors. Although scandals caused by self-dealing undermine public confidence in the charitable sector, they continue to erupt. Why do charitable boards sanction transactions with insiders?

This Article argues that much of the blame lies with the law itself. Because fiduciary duty law is currently structured as a set of fuzzy …

This Year Of Not Writing, Megan Carpenter

Faculty Scholarship

No abstract provided.

Final Regs. On Deducting Expenses And Claims Under Section 2053-Part 1, Jonathan G. Blattmachr, Mitchell M. Gans, Diana S.C. Zeydel

Hofstra Law Faculty Scholarship

As a general rule, expenses incurred in administering a decedent's estate, if not deducted for income tax purposes, and claims against a decedent's estate are deductible for estate tax purposes under Section 2053. That is, such expenses and claims reduce the amount subject to estate tax. (Under Section 2054, losses incurred during the settlement of estates arising from fires, storms, shipwrecks, or other casualties, or from theft, when such losses are not compensated for by insurance or otherwise, are also deductible.)

The IRS recently issued certain final regulations under Section 2053 (reserving certain parts for later regulations) dealing with the …

Irs Rules Self-Settled Alaska Trust Will Not Be In Grantor's Estate, Gideon Rothschild, Douglas J. Blattmachr, Mitchell M. Gans, Jonathan G. Blattmachr

Hofstra Law Faculty Scholarship

IRC Section 2036(a)(1) has provided since 1931 that a decedent's gross estate includes property he or she has transferred in trust or otherwise during lifetime other than for full and adequate consideration in money or money's worth if the decedent retained the right to the income from that property. The right to the income need not be express but may be implied and need not be legally enforceable. For example, if there is an implied understanding between the grantor and the trustee that the trustee will distribute property to the grantor, the trust will be included in the grantor's estate.

Treatment Of Gingival Recession, Moawia M. Kassab, Hala Badawi, Andrew R. Dentino

School of Dentistry Faculty Research and Publications

Gingival recession is an intriguing and complex phenomenon. Recession frequently disturbs patients because of sensitivity and esthetics. Many surgical techniques have been introduced to treat gingival recession, including those involving autogenous tissue grafting, various flap designs, orthodontics, and guided tissue regeneration (GTR). This article describes different clinical approaches to treat gingival recession with emphasis on techniques that show promising results and root coverage.

The New Politics Of Judicial Elections 2000-2009: Decade Of Change, James Sample, Adam Skaggs, Linda Casey, Charles Hall

Hofstra Law Faculty Scholarship

No abstract provided.

Regulating Collaborative Law Ucla: The Uniform Collaborative Law Act Takes Shape, Andrew Schepard, David A. Hoffman

Hofstra Law Faculty Scholarship

No abstract provided.

Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami

Hofstra Law Faculty Scholarship

Many scholars, media reformists, activists and musicians currently lament the present condition of commercial radio, given the deregulatory effects of the last two decades on radio ownership and content. Many contend that commercial radio, once thought of as a deliberative tool in advancing the democratic ideals of inclusiveness and representation, is now nothing more than a commercialized wasteland with the democratic ideals of it serving as a deliberative tool laid to rest due, in part, to radio ownership consolidation, competition from other media sources, and the provision of overlapping and homogenized content on the nation’s radio airwaves. While there has …

Patient Education And Involvement In Care, Linda Reynolds Andiric

UNF Graduate Theses and Dissertations

A study conducted on patients who underwent total knee arthroplasty indicated that participants who were offered preadmission education for their procedure had statistically better outcomes than patients who had not attended an educational class. The study further focused on patients’ confidence in their ability to take control of their health situations as well as the effect of encouragement and motivation to provide active involvement. Two surveys, the Krantz Health Opinion Survey and the Multi Dimensional Health Locus of Control, were used to assess patients’ innate desires to be involved in their care and if they felt they could render any …

An Evidence Based Multi-Activity Handwashing Education Program In Children, Sandra M. Annesi

UNF Graduate Theses and Dissertations

Proper handwashing is one of the simplest, most affordable and effective means of stopping the spread of infection. Due to the close proximity of children in schools and child care settings, there is a high risk for the spread of infectious disease. The purpose of this project was to improve handwashing behaviors of three to six year old children in a community school setting by implementing an evidence based multi-activity handwashing education program. The objective was to increase understanding of the relationship between germs and handwashing, as well as increase the frequency and correct technique procedure of handwashing behavior in …

Iowa Journal Of Communication, Volume 42, Number 1, Fall 2010 [Download Entire Issue]

Iowa Journal of Communication

No abstract provided.

The Game Of Being Social: Web 2.0, Social Media, And Online Games, Larissa Hjorth

Iowa Journal of Communication

As the Internet confluences into the creative social networking potentialities of Web 2.0 localities, the techno-social fabric of online gaming dramatically shifts. Once the preoccupation of 'hardcore' gamers, MMOGs (massively multi-player online games) have now become casualized (Juul 2009) and part of the daily diet of many millions of social networking sites (SNS) users. This is particularly apparent in the Asia-Pacific region in locations such as China and Singapore. In this paper I will explore the rise of 'Web 2.0' and its types of social labour (i.e., playbour and produsers), epitomized by SNS, that have led to the growth of …

Making It Happily Ever After: Rectifying The Inherent Contradiction Between Suicide And Hollywood Endings, Mitchell Zoelzer

Iowa Journal of Communication

Hollywood movies often struggle to present depressing ideas realistically. This rhetorical analysis, using narrative criticism, analyzes the presentation of suicide in five Hollywood films: Thelma and Louise, Seven Pounds, Milk, What Dreams May Come, and Dead Poet's Society. This analysis suggests a test to tell how Hollywood will present the suicide by simply knowing when the suicide is committed or by whom. If the suicide is presented at the end of the film or committed by the protagonist, Hollywood will be forced to portray it as positive and unrealistic. The only exception to this rule …

2009 Season At Tall Jalul, Jordan, Randall W. Younker, Constance E. Gane

Faculty Publications

No abstract provided.

Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful, Theodore J. St. Antoine

Articles

President Obama's election and the Democrats' takeover of Congress, including what was their theoretically filibuster-proof majority in the Senate, have encouraged organized labor and other traditional Democratic supporters to make a vigorous move for some long-desired legislation. Most attention has focused on the Employee Free Choice Act (EFCA). As initially proposed, the EFCA would enable unions to get bargaining rights through signed authorization cards rather than a secret-ballot election, and would provide for the arbitration of first-contract terms if negotiations fail to produce an agreement after four months. The EFCA would apply to the potentially organizable private-sector working population; at …

Women In Antebellum Alachua County, Florida, Herbert Joseph O'Shields

UNF Graduate Theses and Dissertations

The purpose of this study was to investigate the role and status of women in Alachua County, Florida, from 1821 through 1860. The secondary literature suggests that women throughout America had virtually no public role to play in antebellum society except in limited circumstances in some mature urban, commercial settings. The study reviewed U.S. Census materials, slave ownership records, and land ownership records as a means to examine the family structures, the mobility and persistence of persons and households, and the economic status of women, particularly including woman headed households. The study also examined laws adopted by the Florida legislative …

Evaluation Of The Design Piracy Prohibition Act: Is The Cure Worse Than The Disease? An Analogy With Counterfeiting And A Comparison With The Protection Available In The European Community., Silvia Beltrametti

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Is Patent Hold-Up Anticompetitive?, Vishesh Narayen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton

Northwestern Journal of Technology and Intellectual Property

No abstract provided.