Digital Commons Network^™

Report Prepared For The Presidential Council Of The Russian Federation For The Development Of Civil Society And Human Rights Regarding The Verdict Of The Khamovnichesky District Court Of The City Of Moscow Against M.B. Khodorkovsky And P.L. Lebedev, Criminal Case N 1-23/10, 27 December 2010, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This report resulted from an invitation received on April 1, 2011 from the Presidential Council of the Russian Federation for the Development of Civil Society and Human Rights "to participate in an independent public expert analysis of official documents and proceedings in the recent criminal case concerning M.B. Khodorkovsky and P.L. Lebedev, who were convicted by a judgment announced on December 27, 2010." The report was submitted to the Council on October 1, 2011. It was the only report submitted from the United States, the other reports having been sought and received from scholars in Russia, Germany, and the Netherlands. …

It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

African-American Grandmothers: Does The Gender-Entrapment Theory Apply? Essay Response To Professor Beth Richie, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

Many African-American grandmothers are entrapped by the cycle of incarceration in poor black communities. This Essay explores whether the social and economic conditions that compel battered women to commit crimes also impact their mothers - who end up raising the children they leave behind. Professor Beth Richie's theory of gender entrapment as described in her book, “Compelled to Crime,” is not limited to incarcerated women who have been victims of domestic violence. African-American grandmothers who take on the role of kinship caregivers for their grandchildren are also entrapped by a complex interplay of race, gender, and class, making them vulnerable …

A Medical Malpractice Model For Developing Countries?, Nathan Cortez

Faculty Journal Articles and Book Chapters

This Article, written for the symposium "Reforming Medical Liability: Global Perspectives," evaluates the unique plight of developing countries in crafting medical liability regimes. Many developing countries struggle to maintain workable systems for adjudicating physician negligence. This is due to a variety of factors, such as widespread poverty, more pressing public health priorities that demand attention, a scarcity of physicians, immature health care systems, large informal health sectors, regulatory deficits, and weak civil societies, among others. Patients in these countries are also less able than their counterparts in well-developed countries to evaluate and challenge the care they receive and thus serve …

Embracing The New Geography Of Health Care: A Novel Way To Cover Those Left Out Of Health Reform, Nathan Cortez

Faculty Journal Articles and Book Chapters

Even after landmark health reform in 2010, our health care system will not achieve universal coverage. The Patient Protection and Affordable Care Act is expected to leave 23 million uninsured after a decade. And until several major provisions take effect in 2014, 50 million will remain uninsured. This Article argues that cross-border health insurance plans that utilize foreign medical providers are a surprisingly feasible alternative for the residually uninsured. Cross-border plans can be much less expensive than traditional, domestic-only plans. And they might appeal to immigrants and others that are neither eligible for public plans nor able to afford private …

Adverse Publicity By Administrative Agencies In The Internet Era, Nathan Cortez

Faculty Journal Articles and Book Chapters

Nearly forty years ago, Ernest Gellhorn documented the potentially devastating impact that can occur when federal agencies issue adverse publicity about private parties. Based on his article, the Administrative Conference of the United States (ACUS) recommended that courts, Congress, and agencies hold agencies to clear standards for issuing such publicity. In the decades since, some agencies have adopted standards, but most have not. And neither the courts nor Congress has intervened to impose standards. Today, agencies continue to use countless forms of publicity to pressure alleged regulatory violators and to amplify their overall enforcement powers — all without affording due …

Can Speech By Fda-Regulated Firms Ever Be Noncommercial?, Nathan Cortez

Faculty Journal Articles and Book Chapters

This Article considers whether speech by pharmaceutical, medical device, and other FDA-regulated companies can ever be noncommercial and thus subject to heightened protection under the First Amendment. Since the U.S. Supreme Court first recognized a right to commercial speech in 1976, there have been 24 published federal judicial opinions in which an FDA-regulated firm has argued that its speech was protected. Courts have categorized the speech as commercial in all but two cases, neither of which involved FDA rules or enforcement.

I examine the tests and factors courts claim they use when making this threshold distinction, then identify the various …

Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth G. Thornburg, Camille Cameron

Faculty Journal Articles and Book Chapters

Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …

Clear But Unconvincing: The Federal Circuit’S Invalidity Standard, David O. Taylor

Faculty Journal Articles and Book Chapters

The Federal Circuit’s standard for proving invalidity of patent claims is clear. The Federal Circuit always requires clear and convincing evidence to prove that a patent claim is invalid. The rationale behind this standard, however, is unconvincing. There are significant reasons to believe that the Patent Office rarely considers the most relevant prior art and that, instead, alleged infringers often find prior art that is more relevant than the prior art considered by the Patent Office. It defies logic to apply the clear and convincing burden where the Patent Office considered only prior art that is less relevant than the …

Grid Frequency And Voltage Support Using Photovoltaic Systems With Energy Storage Assist, Ravi Bhatt

Masters Theses

"An optimized operating scheme for a grid-connected community based photovoltaic (PV) system is described. The system can participate in grid ancillary services like frequency and voltage regulation functions based on the Smart Grid framework. The proposed model comprises of a PV plant with Li-ion batteries coupled to the grid by means of a three-phase inverter. A two-way communication between the PV plant and the grid is assumed. The PV/storage plant provides constant updates on its current kW/kVar capability and the grid transmits the demand for specific amounts of power and for specific lengths of time. The battery charging energy can …

A Low-Cost Motion Tracking System For Virtual Reality Applications, Abhinav Chadda

Masters Theses

"This thesis provides an insight into the design and development of a highly effective, low-cost motion tracking system comprised of off-the-shelf (OTS) hardware for virtual reality applications. Present-day motion tracking systems usually have a high cost associated with them. A capable yet affordable OTS motion tracking system is a key enabler to make motion controlled virtual reality an accessible and ubiquitous technology.

The motion tracking system developed in this study is used in conjunction with virtual reality software towards simple and natural human-computer interface solutions. It is developed with the budget of $1,000 per system. The cost includes 2 cameras …

Effect Of Web Atmospheric Cues On Users' Emotional Responses In Ecommerce, Tanvi Joginapelly

Masters Theses

"The internet has revolutionized the shopping experience. As consumers' emotional responses play an important role in predicting behavioral intentions and satisfaction, it is imperative to study e-commerce from an affective perspective and identify the website design features that influence consumers' emotional responses. This research adopted the stimulus-organism-response (S-O-R) model to examine the effects of web atmospheric cues. mainly vividness and interactivity, on users' emotional responses in e-commerce, and their influence on users' purchasing intentions.

The study had three stages: First, experts in human computer interaction (HCI) were recruited and asked to evaluate and rate 25 different e-commerce websites on interactivity …

Development Of Virtual Engineering Simulation For Lean Education, Akalpit Kiran Gadre

Masters Theses

"Global competition and customer demands are pressing modern industry operations to become leaner. The race among the global corporations to "go lean" demands engineers with an in-depth understanding of lean philosophies. An overview of current methods for teaching lean shows that they include small scale hands-on projects, presentations, and guest lectures. There is a need to incorporate a more immersive virtual simulation to further inspire students. Many lean simulation games are available in the market; however, they lack simplicity, ability to store the results, and modeling power.

The goal of this research is to develop a virtual simulation platform, enabling …

Applying Text Timing In Corporate Spin-Off Disclosure Statement Analysis: Understanding The Main Concerns And Recommendation Of Appropriate Term Weights, Aravindh Sekar

Masters Theses

"Text mining helps in extracting knowledge and useful information from unstructured data. It detects and extracts information from mountains of documents and allowing in selecting data related to a particular data.

In this study, text mining is applied to the 10-12b filings done by the companies during Corporate Spin-off. The main purposes are (1) To investigate potential and/or major concerns found from these financial statements filed for corporate spin-off and (2) To identify appropriate methods in text mining which can be used to reveal these major concerns.

10-12b filings from thirty-four companies were taken and only the "Risk Factors" category …

Mutual Attraction Guided Search: A Novel Solution Method To The Traveling Salesman Problem With Vehicle Dynamics, Jared Adam Nisbett

Masters Theses

"Traveling Salesman Problem (TSP) solution techniques are often used for route planning for automated vehicles. Most TSP solution methods focus on path length as the fitness reference, however in many cases, traversal time is of more practical importance. Mutual Attraction Guided Search (MAGS) is a novel solution method that uses an iterative process to simultaneously optimize both angle of travel through each target as well as the ordering of the targets in order to optimize path traversal time. MAGS deterministically locates a locally optimum solution quickly and can optimize for the acceleration limits of a specific vehicle rather than requiring …

Quantifying Model Uncertainty Using Measurement Uncertainty Standards, Harsheel Rajesh Shah

Masters Theses

"Model uncertainty quantification is mainly concerned with the problem of determining whether the observed data is consistent with the model prediction. In real world, there is always a disagreement between a simulation model prediction and the reality that the model intends to represent. Our increased dependence on computer models emphasizes on model uncertainty which is present due to uncertainties in model parameters, lack of appropriate knowledge, assumptions and simplification of processes. In addition, when models predict multi-variate data, the experimental observation and model predictions are highly correlated. Thus, quantifying the uncertainty has a basic requirement of comparison between observation and …

Meloc - Memory And Location Optimized Caching For Mobile Ad Hoc Networks, Lekshmi Manian Chidambaram

Masters Theses

"The advancement of Mobile ad hoc networks (MANET) is tremendous in the field of social and military applications. Caching and Replication are the two common techniques used to improve data access efficiency in Mobile Ad hoc networks. Caching favors data access efficiency by bringing data closer to the source. Existing caching approaches are deficient in reducing the number of cache locations, thus reducing the number of copies, which is needed for many mission critical applications considering safety and security. Conversely, reducing the number of caches should not affect the efficiency of data access. We design an efficient broker based caching …

Evaluation Of Rsl History As A Tool For Assistance In The Development And Evaluation Of Computer Vision Algorithms, Ben Holm

Theses

A revision of Recognition Strategy Language (RSL), a domain-specific language for pattern recognition algorithm development, is in development. This language provides several tools for pattern recognition algorithm implementation and analysis, including composition of operations and a detailed history of those operations and their results. This research focuses on that history and shows that for some problems it provides an improvement over traditional methods of gathering information. When designing a pattern recognition algorithm, bookkeeping code in the form of copious logging and tracing code must be written and analyzed in order to test the effectiveness of procedures and parameters. The amount …

Dynamic Load Balancing Based On Live Migration Of Virtual Machines: Security Threats And Effects, Melvin Ver

Theses

Live migration of virtual machines (VMs) is the process of transitioning a VM from one virtual machine monitor (VMM) to another without halting the guest operating system, often between distinct physical machines, has opened new opportunities in computing. It allows a clean separation between hardware and software, and facilitates fault management, load balancing, and low-level system maintenance. Implemented by several existing virtualization products, live migration also aids in aspects such as high availability services, transparent mobility and consolidated management. While virtualization and live migration enable important new functionality, the combination introduces novel security challenges. A virtual machine monitor that incorporates …

An Analysis Of The Million Module March Algorithm Applied To The Atron Robotic Platform, James Phipps

Theses

The Million Module March algorithm is a locomotion planning algorithm for self-reconfiguring robotic systems. It was first introduced by Robert Fitch and Zack Butler. It has already been proven to successfully plan movement for a kinematic abstraction whose traits are very different from the kinematic traits of the ATRON system. In this work we further examine this algorithm, and an adaptation of it to the ATRON robotic system. We examine a two dimensional proof of the reachability of connected configurations of sliding squares, and expand the proof to the three dimensional SlidingCube model of a self-reconfiguring robot. Using this proof, …

Introduction To Ip Multicast In Production Networks, Ganesh Vidyadharan Girija

Theses

The objective of this paper is to introduce the reader to the world of IP multicasting. I intend to achieve this goal by providing an introduction that bridges the gap between the existing unicast networks and the developing multicast network. The basics of multicast that is covered in the earlier chapter includes the multicast addressing scheme, different protocols used for multicast transmission, various distribution trees that are formed by these protocols and various aspects of multicast forwarding. We take a look at IGMP which is the protocol that runs between the host devices and their first hop multicast routers, enabling …

Hofstra’S Family Law With Skills Course: Implementing Fler (The Family Law Education Reform Project), Andrew Schepard, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

The Family Law Education Reform Project (FLER ) Final Report documented that the current doctrinally oriented family law curriculum at most law schools does not adequately prepare students for modern family law practice. FLER recommended that law school courses move from the study of cases to the study of the legal system’s effect on families, and integrate the study of alternative dispute resolution and interdisciplinary knowledge. In response, Hofstra Law School has made a comprehensive attempt to implement FLER’s curricular recommendations. This article discusses one major innovation – the Family Law with Skills course. Family Law with Skills is the …

Globalization And Structure, Julian G. Ku, John Yoo

Hofstra Law Faculty Scholarship

Sovereignty in the United States is uniquely intertwined with its founding document. An important part of the Constitution is the definition and protection of individual rights, which is a sign of the government's authority and responsibility for the nation's people. A more important aspect of sovereignty, however, rests in the Constitution's creation of the national government, the definition of its powers, and the limits thereon. The Constitution channels the national government's sovereignty through two structures: the separation of powers, which organizes authority within the national government; and federalism, which distributes power between the national government and the states. One need …

The Contingencies Of Piracy, Dino Kritsiotis

California Western International Law Journal

No abstract provided.

Bronze, Silver, Or Gold: Does The International Olympic Committee Deserve A Medal For Combating Human Trafficking In Connection With The Olympic Games?, Jennifer Gustafson

California Western International Law Journal

No abstract provided.

Harboring Wikileaks: Comparing Swedish And American Press Freedom In The Internet Age, David Corneil

California Western International Law Journal

No abstract provided.

Transitional Justice In Kenya? An Assessment Of The Accountability Process In Light Of Domestic Politics And Security Concerns, Thomas Obel Hansen

California Western International Law Journal

No abstract provided.

Probabilistic Knowledge Of Third-Party Trademark Infringement, Mark P. Mckenna

Journal Articles

This essay views secondary trademark liability in light of tort law’s treatment of parties whose actions expose a plaintiff to third party-wrongdoing. Broadly speaking, tort law imposes liability on a party for contributing to the tortious activity of another in two different ways. In vicarious and accomplice liability cases, courts impose the same liability on the defendant as they would have on the direct tortfeasors, had they been defendants: if the third-party wrongdoer is a batterer, the defendant is liable for battery. Another line of cases imposes liability for unreasonably putting a defendant at risk of third-party wrongdoing, and these …

Dynamic Relaxation Properties Of Aromatic Polyimides And Polymer Nanocomposites, Anthony C. Comer

Theses and Dissertations--Chemical and Materials Engineering

The dynamic relaxation characteristics of Matrimid^® (BTDA-DAPI) polyimide and several functionalized aromatic polyimides have been investigated using dynamic mechanical and dielectric methods. The functionalized polyimides were thermally rearranged to generate polybenzoxazole membranes with controlled free volume characteristics. All polyimides have application in membrane separations and exhibit three motional processes with increasing temperature: two sub-glass relaxations (ƴ and β transitions), and the glass-rubber (α) transition. For Matrimid, the low-temperature ƴ transition is purely non-cooperative, while the β sub-glass transition shows a more cooperative character as assessed via the Starkweather method. For the thermally rearranged polyimides, the ƴ transition is a …

Cell And Protein-Based Sensing Systems For The Detection Of Environmentally And Physiologically Relevant Molecules, Kendrick Bruce Turner

Theses and Dissertations--Chemistry

The detection of small molecules in complex sample matrices such as environmental (surface and ground water, sediment, etc.) and biological (blood, serum, plasma, etc.) samples is of paramount importance for monitoring the distribution of environmental pollutants and their patterns of exposure within the population as well as diagnosing and managing diseases. Biosensors have demonstrated a singular ability to sensitively and selectively detect analytes in complex samples without the need for extensive sample preparation and pretreatment. Nature has demonstrated myriad examples of exquisite selectivity in spite of complexity and we seek to take advantage of that attribute in the development of …