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Presidential Succession Scenarios In Popular Culture And History And The Need For Reform, William F. Baker, Beth A. Fitzpatrick

Fordham Law Review

This Article looks at the issue of presidential succession through the lens of the popular imagination, attempting see what in the nation’s laws needs changing. Many of the movies and television shows that have made plots or subplots out of presidential succession imagine what would happen if the president was killed in a nuclear attack (Jericho and By Dawn’s Early Light), a natural disaster (The Day After Tomorrow), or even an alien invasion (Mars Attacks!). Other common plotlines feature nefarious vice presidents or other officials seizing presidential office by murdering the chief executive or …

Presidential Disability And The Twenty-Fifth Amendment: The Difficulties Posed By Psychological Illness, Robert E. Gilbert

Fordham Law Review

This article describes occasions when presidents have suffered from psychological illness and analyzes the challenges posed by psychological illness in presidents. It begins with an explanation of the Twenty-Fifth Amendment’s provisions and an overview of significant cases of presidents suffering physical illnesses. Next, the Article turns its focus to two presidents, Franklin Pierce (1853-1857) and Calvin Coolidge (1923-1929), who suffered psychological illnesses that were perhaps even more debilitating than the physical ailments that other presidents suffered. These cases are then contrasted with President Abraham Lincoln, who, unlike Pierce and Coolidge, had a highly successful presidency despite appearing to suffer from …

Extensions On The Twenty-Fifth Amendment: The Influence Of Biological Factors On Assessments Of Impairment, Rose Mcdermott

Fordham Law Review

Because the framers of the Twenty-Fifth Amendment were so prescient in their creation of this legislation, it behooves subsequent scholars to examine additional potential concerns that would not have entered the debate forty years ago. Huge advances have been made in the area of biological and genetic medical knowledge, and this progress could not have been foreseen at the time the original Amendment was written. Yet in the interim, such information has become much more accessible. It becomes important to raise these questions moving forward because political opponents may take advantage of these new concerns, as they arise, and use …

Presidential Succession: The Art Of The Possible, James E. Fleming

Fordham Law Review

This essay advocates for reforming the presidential succession system by working with the system we have, tweaking it in politically feasible ways to make it better, given an understanding of politics as the art of the possible. It defends the line of succession statute on constitutional and policy grounds before advancing recommendations for improving the succession system. The Essay calls for reforms to ensure that legislative successors are members of the president’s political party. It also suggests the creation of a vice Vice President or a body of successors appointed by the President and confirmed by the Senate

Taking From The Twenty-Fifth Amendment: Lessons In Ensuring Presidential Continuity, Joel K. Goldstein

Fordham Law Review

The Twenty-Fifth Amendment remains the most successful effort to address continuity problems inherent in the original Constitution or which subsequently developed. Lessons from that experience may help reformers act to resolve at least some of the remaining shortcomings. In addition to its provisions, the Twenty-Fifth Amendment represents certain implicit constitutional values that should guide responses to remaining problems. Moreover, it was the product of successful legislative strategies in an area that generally resists such measures. Although all of these principles and lessons do not point in the same direction and some have limited application to the remaining issues, others should …

Lost Opportunity: Learning The Wrong Lesson From The Hayes-Tilden Dispute, Nathan L. Colvin, Edward B. Foley

Fordham Law Review

A clear, efficient, and fair mechanism for resolving election disputes is an important aspect of smooth presidential succession. It is also something that our Constitution has lacked from its inception, and the adverse consequences of its absence were most recently apparent in the 2000 election. The 1876 Hayes-Tilden election, which required an Electoral Commission to resolve disputes about presidential electors, was the most severe manifestation of this presidential succession gap. As such, it also should have represented the best opportunity to fix the problem.

Instead of wholesale reform and constitutional amendment, Congress spent the next eleven years focusing its energy …

Representations Of Keypoint-Based Semantic Concept Detection: A Comprehensive Study, Yu-Gang Jiang, Jun Yang, Chong-Wah Ngo

Research Collection School Of Computing and Information Systems

Based on the local keypoints extracted as salient image patches, an image can be described as a "bag-of-visual-words (BoW)" and this representation has appeared promising for object and scene classification. The performance of BoW features in semantic concept detection for large-scale multimedia databases is subject to various representation choices. In this paper, we conduct a comprehensive study on the representation choices of BoW, including vocabulary size, weighting scheme, stop word removal, feature selection, spatial information, and visual bi-gram. We offer practical insights in how to optimize the performance of BoW by choosing appropriate representation choices. For the weighting scheme, we …

Applying Soft Cluster Analysis Techniques To Customer Interaction Information, Randall E. Duran, Li Zhang, Tom Hayhurst

Research Collection School Of Computing and Information Systems

The number of channels available for companies and customers to communicate with one another has increased dramatically over the past several decades. Although some market segmentation efforts utilize high-level customer interaction statistics, in-depth information regarding customers’ use of different communication channels is often ignored. Detailed customer interaction information can help companies improve the way that they market to customers by taking into consideration customers’ behaviour patterns and preferences. However, a key challenge of interpreting customer contact information is that many channels have only been in existence for a relatively short period of time, and thus, there is limited understanding and …

When Discrete Meets Differential: Assessing The Stability Of Structure From Small Motion, Wen-Yan Lin, Geok-Choo Tan, Loong-Fah Cheong

Research Collection School Of Computing and Information Systems

We provide a theoretical proof showing that under a proportional noise model, the discrete eight point algorithm behaves similarly to the differential eight point algorithm when the motion is small. This implies that the discrete algorithm can handle arbitrarily small motion for a general scene, as long as the noise decreases proportionally with the amount of image motion and the proportionality constant is small enough. This stability result extends to all normalized variants of the eight point algorithm. Using simulations, we show that given arbitrarily small motions and proportional noise regime, the normalized eight point algorithms outperform their differential counterparts …

Keep It Simple With Time: A Reexamination Of Probabilistic Topic Detection Models, Qi He, Kuiyu Chang, Ee Peng Lim, Arindam Banerjee

Research Collection School Of Computing and Information Systems

Topic detection (TD) is a fundamental research issue in the Topic Detection and Tracking (TDT) community with practical implications; TD helps analysts to separate the wheat from the chaff among the thousands of incoming news streams. In this paper, we propose a simple and effective topic detection model called the temporal Discriminative Probabilistic Model (DPM), which is shown to be theoretically equivalent to the classic vector space model with feature selection and temporally discriminative weights. We compare DPM to its various probabilistic cousins, ranging from mixture models like von-Mises Fisher (vMF) to mixed membership models like Latent Dirichlet Allocation (LDA). …

Vulnerability Analysis Of Rfid Protocols For Tag Ownership Transfer, Pedro Peris-Lopez, Julio Hernandez-Castro, Juan Tapiador, Tieyan Li, Yingjiu Li

Research Collection School Of Computing and Information Systems

In RFIDSec’08, Song proposed an ownership transfer scheme, which consists of an ownership transfer protocol and a secret update protocol [7]. The ownership transfer protocol is completely based on a mutual authentication protocol proposed in WiSec’08 [8]. In Rizomiliotis et al. (2009) [6], van Deursen and Radomirovic (2008), the first weaknesses to be identified (tag and server impersonation) were addressed and this paper completes the consideration of them all. We find that the mutual authentication protocol, and therefore the ownership transfer protocol, possesses certain weaknesses related to most of the security properties initially required in protocol design: tag information leakage, …

Concert Recording 2010-04-25a, Brian Stackhouse, Marie Erickson

Concert Recordings & Programs

Due northwest (2009) / Michael Culligan -- Suite III (1717-1723) / Johann Sebastian Bach -- Rumble strips (2001) / Gordon Stout -- VI Canto (1968) / Elliott Carter -- Terra-cotta warriors (2007) / James Campbell -- Blue motion (2006) / Stephen Whibley -- Two reflections (2004) / Ney Rosauro -- Canned heat (2003) / Eckhard Kopetzki -- Mellow inspiration (1985) / Brian Stackhouse -- Mr. Stern / Jim Kelly

Concrete Slender Wall Design – Back To The Future, John W. Lawson, James Lai

Architectural Engineering

Slender concrete walls incorporated into tilt-up construction
over the past 60 years have performed remarkably well under
out-of-plane wind and seismic loads. While issues associated
with seismic wall anchorage gave this form of construction a
black-eye in the early days, the concrete walls themselves
have always performed very well even as far back as their
first use in the early 1900s. Yet the height-to-thickness
limitations in 1985 and earlier model building codes were
proved irrational and were removed. We as engineers expect
building codes to evolve and advance the state of the art with
each successive edition. The latest edition …

Maxillary First Molar With Six Canals, Ya-Yun Lee, Pei-Ying Yeh, Sheng-Fang Pai, Shue-Fen Yang

Journal of Dental Sciences

In this case report, we present a maxillary first molar with six canals. A 40-year-old male patient was referred for non-surgical root canal therapy of tooth 16. Under magnification of a surgical operating microscope, a unique morphology with double canal systems in each root was identified. The morphology was characterized by a single palatal root with two canals joining in the apical third, two mesiobuccal canals, and two distobuccal canals with one orifice and two separate foramina.

An In Vitro Comparison Of Apically Extruded Debris Using Three Rotary Nickel-Titanium Instruments, Tamer Tasdemir, Kürsat Er, Davut Çelik, Hikmet Aydemir

Journal of Dental Sciences

Background/purpose The aim of this in vitro study was to compare the amount of extruded debris using three rotary nickel-titanium (NiTi) instruments (ProTaper Universal, Mtwo, and BioRaCe). Materials and methods Sixty freshly extracted human single-rooted mandibular premolars were randomly assigned into three groups of 20 teeth each. The root canals were instrumented using ProTaper Universal (Dentsply Maillefer, Ballaigues, Switzerland), Mtwo (VDW, Munich, Germany), or BioRaCe (FKG Dentaire, La-Chaux-de-Fonds, Switzerland) NiTi instruments. Debris and liquid extruded from the apical foramen during instrumentation were collected into tubes. Then, the liquid inside the tubes was removed by lyophilization, and the mean weight of …

Potential Effects Of A Multistrain Probiotic-Kefir On Salivary Streptococcus Mutans And Lactobacillus Spp., Dilsah Cogulu, Asli Topaloglu-Ak, Esber Caglar, Nuket Sandalli, Cem Karagozlu, Nazan Ersin, Oktay Yerlikaya

Journal of Dental Sciences

Background/purpose It has recently been documented that various probiotic formulations have beneficial effects in reducing caries risk as well as promoting human health. The aim of the present study was to examine the efficacy of short-term consumption of a multistrain probiotic-kefir on salivary counts of Streptococcus mutans and Lactobacillus spp. in young adults. Materials and methods In total, 104 subjects aged 20-27 years were included in the study. The salivary flow rate, buffer capacity, salivary mutans streptococci and lactobacilli counts were detected in each subject after a 3-week washout period using chair-side kits at baseline. Subjects were randomly assigned into …

Effects Of Air Polishing Powders On The Surface Roughness Of Composite Resins, Ahmet Umut Güler, Ibrahim Duran, Ali Ço§In Yücel, Pelin Özkan

Journal of Dental Sciences

Background/purpose Although new composites are being introduced into clinical practice to achieve better polishability and wear resistance, their properties and the surface changes that occur after air polishing are still unknown. The aim of this study was to investigate the effects of different air polishing powders on the surface roughness of different types of composite resin restorative materials. Materials and methods Thirty cylindrical specimens (15 ± 2 mm) were prepared for each of seven composite resin restorative materials. All specimens were polished with a series of aluminum oxide polishing discs (Sof-Lex). Prepared specimens of each composite resin were randomly divided …

Knowledge And Practices Of Caries Prevention Among Taiwanese Dentists Attending A National Conference, Tzu-Hsien Lin, Tien-Yu Hsieh, Alice M. Horowitz, Ker-Kong Chen, Shiu-Shiung Lin, Yi-Jen Lai, Feng-Ying Hsiao, Chin-Shun Chang

Journal of Dental Sciences

Abstract Background/purpose This study was carried out to evaluate Taiwanese dentists’ knowledge and practice towards preventive dental care. Materials and methods A questionnaire survey was conducted at the nationwide annual dental congress in 2008 in Taipei, Taiwan. Dentists’ knowledge about preventive dentistry was assessed based on their responses to 19 statements. Dentists’ attitudes towards preventive dentistry were assessed based on responses to the effectiveness of 16 preventive procedures. The dentists were also asked about their experience with the use of sealants and fluoride. Results More than 80% could not distinguish between new and old theories of the mechanism of action …

Introductory Note To European Court Of Human Rights (Grand Chamber): Varnava And Others V. Turkey, Chris Jenks

Faculty Journal Articles and Book Chapters

This note introduces a Grand Chamber of the European Court of Human Rights decision which explains the application of the European Convention on Human Rights and Fundamental Freedoms on disappearances stemming from armed conflict. The Varnava judgment is particularly instructive on the balance of competing tensions; the unique aspects of disappearances; failure to investigate as a continuous violation; and applicant’s obligations under the Convention to exhaust domestic remedies and timely petition the Court.

Introductory Note To The United States Supreme Court: Graham V. Florida & The Federal Court Of Australia: Habib V. Australia, Chris Jenks

Faculty Journal Articles and Book Chapters

This introductory note considers two different and completely unrelated cases: Graham, a U.S. Supreme Court criminal case on the cruel and unusual punishment clause of the U.S. Constitution and Habib, an Australian civil case involving a former Guantanamo Bay detainee. This note focuses on one aspect of the disparate nature of the cases, starkly contrasting judicial attitudes towards the role of “foreign law” in domestic jurisprudence. Juxtaposed, the two cases offer an interesting view of not only the obvious differences between the U.S. inward and the Australian outward looking judicial philosophies, but perhaps a broader sense of how the two …

Ramifications Of Joint Infringement Theory On Emerging Technology Patents, W. Keith Robinson

Faculty Journal Articles and Book Chapters

Two cases decided by the U.S. Court of Appeals for the Federal Circuit articulate the standards for joint infringement. In BMC Resources, Inc. v. Paymentech, L.P., the court ruled that to find liability in situations where steps of a method claim are performed by multiple parties, the entire method must be performed at the control or direction of the alleged direct infringer — the mastermind. Approximately one year later, in Muniauction, Inc. v. Thomson Corp., the Federal Circuit clarified that “the control or direction standard is satisfied in situations where the law would traditionally hold the accused direct infringer vicariously …

Recalibrating The Legal Risks Of Cross-Border Health Care, Nathan Cortez

Faculty Journal Articles and Book Chapters

The nascent scholarship surrounding "medical tourism" assumes, without much scrutiny, that foreign jurisdictions provide few legal remedies to patients, instead focusing on whether U.S. patients can sue in U.S. courts. This article tests that assumption by examining whether patients might recover adequate compensation not only in the United States, but in four common destinations: India, Thailand, Singapore, and Mexico. I analyze how each jurisdiction handles medical malpractice complaints and discuss the unique obstacles patients might face when navigating each of these systems. I conclude that U.S. patients will struggle to recover remotely adequate compensation in each of these jurisdictions. This …

(When) Should Family Status Matter In The Criminal Justice System, Jennifer M. Collins, Ethan J. Leib, Dan Markel

Faculty Journal Articles and Book Chapters

Last year, we published a book entitled Privilege or Punish: Criminal Justice and the Challenge of Family Ties (Oxford 2009). Recently, the New Criminal Law Review published a series of provocative and challenging reviews of this book by Professors Doug Berman, Naomi Cahn, and Jack Chin. Needless to say, we appreciate their very kind words about our project and its contributions.

In this Essay, however, our focus will be on responding to the interesting criticisms lodged against our book; we hope to do so in a way that is helpful in advancing the conversation about the intersection between criminal justice …

Should Charitable Trust Enforcement Rights Be Assignable?, Joshua C. Tate

Faculty Journal Articles and Book Chapters

In recent years, scholars have given much attention to the problem of charitable trust enforcement. Departing from the common law, section 405(c) of the Uniform Trust Code provides that “[t]he settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.” This Article addresses the question of whether, and to what extent, a settlor’s right to enforce a charitable trust should be assignable to third parties. Should the law permit the settlor of a charitable trust to assign her enforcement rights after the creation of the trust, or should assignments be recognized only if they are …

Temporal And Biochemical Aspects Of Sindbis Virus Dissemination In The Mosquito Host, Kristen A. Ciano

UNF Graduate Theses and Dissertations

The prototype Alphavirus, Sindbis virus (SIN), relies on cyclic transmission between the mosquito and vertebrate hosts in order to be maintained in nature. This broad host range suggests that alphaviruses use a universally expressed molecule for attachment. Heparan sulfate proteoglycan (HSPG), a ubiquitous SIN receptor present on the cell surface of most eukaryotic cells, has been reported in the salivary glands and midguts of mosquitoes. These organs are essential for virus transmission from this hematophageous invertebrate. Variable host cell response in the mosquito following intrathoracic inoculation with SIN has been documented. In this study, per os infection of Aedine …

Chinese Culture In Western Shadow: Sichuan Shadow Puppetry, Margaret Chan

Research Collection School of Social Sciences

No abstract provided.

Logic, Doxastic, John Nicholas Williams

Research Collection School of Social Sciences

Doxastic logic, beginning with Hintikka’s Knowledge and Belief. An Introduction to the Logic of the Two Notions (1962. Cornell University Press), studies relations between propositions about what we believe. Using ‘a’ as a proper name like ‘Ann’, ‘→’ for ‘if’ as opposed to material implication, propositional variables such as ‘p’, ‘q’ and ‘B’ to represent the two-place relation, ‘ . . . believes that . . . ’.

Industry Professionals’ Perceptions Of Crisis Communications Educational Needs For New Professionals And Best Practices For Second Life© Simulations, Kristin M. Pennington, Leslie D. Edgar

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Crises impacting agriculture cost the nation billions of dollars in expenses and lost revenues annually. Organizations and governmental agencies continue to refocus energies on improving crisis communication plans in an effort to lessen economic impacts of unanticipated events. This study brought together an advisory team of agricultural communications professionals to gather perceptions of crisis communications educational needs for new professionals and to identify the best practices for using Second Life© (SL), a 3-D virtual world, simulations for training. Advisory team members represented the human, crop, animal, and environmental sectors of the agricultural industry. Perceptions were gathered during a roundtable, open-ended …

A Geographic Assessment Of The Risk Posed By Hazardous Materials In Oregon, David Banis, Katie Urey, Heatherann Van Dyke

Geography Faculty Publications and Presentations

The presentation looks at the risks posed by hazardous materials in Oregon.

The purpose of this study is to (1) evaluate datasets that describe the storage, transport and accidental release of hazardous materials and (2) provide emergency planners a broad picture of locations, volumes and characteristics of hazardous material exposure.

In The News, Joe N. Caudell

Human–Wildlife Interactions

No abstract provided.