Digital Commons Network^™

The Puzzle Of Criminal Sanctions For Intellectual Property Infringement, Irina D. Manta

Hofstra Law Faculty Scholarship

The article discusses the criminal sanctions for the infringement of intellectual property while emphasising on the patent infringements. It states that criminal punishments are imposed to the violators of copyright and trademark but not to the violators of patent and also discusses the reason for this disparity. Information on the impact of the international negotiations by the U.S. regarding the intellectual property arena on the criminal sanctions is also presented.

The Uncorporation And The Unraveling Of “Nexus Of Contracts” Theory, Grant M. Hayden, Matthew T. Bodie

Hofstra Law Faculty Scholarship

This is a review of The Rise of the Uncorporation, by Larry E. Ribstein (Oxford University Press 2010). The Rise of the Uncorporation gives a compelling account of the increasing reliance on business forms other than the corporation. These new organizational forms - such as limited liability companies, limited liability partnerships, partnerships, and the like - give businesses greater freedom to structure themselves in ways that best facilitate their particular needs. And this, according to Ribstein, is an unqualified good, for it allows firms to operate more efficiently than if they were forced to assume an intensely regulated form.

Like …

Related Parties And The Need To Bridge The Gap Between Income Tax And Transfer Tax Systems, Jay A. Soled, Mitchell Gans

Hofstra Law Faculty Scholarship

Related parties can readily manipulate transactions in ways that unfairly reduce their tax burdens relative to unrelated taxpayers. In the income tax arena, Congress has instituted numerous legislative measures to safeguard the tax base from related-taxpayer manipulations; yet, the same developed system of related-party safeguards does not extend to protect the transfer tax base. This analysis points out that this disparity has had a corrosive effect on the integrity of the transfer tax system. Indeed, insofar as the treatment of related parties is concerned, Congress should employ the same level of scrutiny and circumspection in the realm of transfer taxesas …

Dimension I: Habeas Corpus As A Common Law Writ, Eric M. Freedman

Hofstra Law Faculty Scholarship

This is the first of three planned articles in a project whose overall title is “Habeas Corpus in Three Dimensions.” This piece considers the significance of the fact that, until the first decades of the nineteenth century, American habeas corpus was embedded in a system of common law writs. The second article will discuss habeas corpus as part of the overall structure of constraints on government power being constructed in this country until approximately 1830. The third installment will trace the role of habeas corpus in the system of separation of powers that subsequently developed.

Exercise Showcase: Teaching Doctrine And Skills Simultaneously, Miriam R. Albert, Lenné Espenschied, Grace M. Giesel

Hofstra Law Faculty Scholarship

Many of our colleagues believe the law teaching can be divided into pure doctrine and pure skills. However, I think that may be pure fiction. My job as a Professor of Skills, teaching both doctrinal and skills classes, is to bring my skills teaching into my doctrinal teaching, and my doctrinal teaching into my skills teaching. Today's Exercise Showcase, for me, is an opportunity to take a corporate law case that appears in many business organization case books, and show you how to tackle it from a skills perspective, and then also from a doctrinal perspective. So, we are going …

Fatigue Testing And Computational Analysis Of A Spinal Implant, Timothy Helton

Electronic Theses and Dissertations

The following study investigates the fatigue behavior of a spinal implant developed by Synthes, Inc. to provide stability and off load pressure from the discs in the lumbar region. The installation process for the StenoFix design utilizes plastic deformations to customize the device to each individual patient, but also has potential to degrade fatigue behavior. Physical testing of two titanium alloys, Ti-6Al-7Nb and Ti-15Mo, was conducted on hydraulic test frames and compared to computational simulations which were carried out for the following scenarios: cyclic excitation following plastic deformation; variation of material property definition; variation of loading location; and three modifications …

6.4 Ghz Acoustic Sensor For In-Situ Monitoring Of Afm Tip Wear, T.J. Cheng, Jun Hyun Han, Michael Ziwisky, Chung-Hoon Lee, S.A. Bhave

Electrical and Computer Engineering Faculty Research and Publications

This paper demonstrates an acoustic sensor that can resolve atomic force microscopy (AFM) tip blunting with a frequency sensitivity of 0.007%. The AFM tip is fabricated on a thin film piezoelectric aluminum nitride (AlN) membrane that is excited as a film bulk acoustic resonator (FBAR). We demonstrate that cutting 0.98 μm off of the tip apex results in a resonance frequency change of 0.4MHz at 6.387GHz. This work demonstrates the potential for in-situ monitoring of AFM tip wear.

Personas As A User-Centred Design Tool For The Built Environment., Emma Siddall, Corelia Baibarac, Aimee Byrne, Niall Byrne, Ashling Deasy, Nuala Flood, Camille Goulding, Shane O'Driscoll, Niamh Rabbitt, Angharad Sweeney, Yue Wang, Mark Dyer

Articles

The physical structure of a city frequently defines how people interact with each other and their environment. This paper examines the use of personas as a user-centred design tool for the re-engineering of a city to promote sustainable behaviour and social inclusion of its citizens (the Eight Eyes of Dublin Project). The research was carried out through the adoption of personas and collaboration with design partners to identify barriers to sustainability, and resulted in recommendations for the future development of Dublin city, Ireland. These recommendations are then compared with the draft Dublin development plan 2011–17 to determine the effectiveness of …

Characteristic Vertical Response Of A Footbridge Due To Crowd Loading, Colin C, Caprani, Joe Keogh, Paul Archbold, Paul Fanning

Conference papers

The characteristic vertical vibration of a flexible footbridge subject to crowd loading is examined in this paper. Typically, bridge vibrations produced from a crowd of pedestrians are estimated by using an enhancement factor applied to the effect caused by a single pedestrian. In this paper, a single pedestrian model, represented by a spring mass damper, which incorporates variables such as pedestrian mass and body stiffness, is used to calibrate a computationally efficient moving force model. This calibrated moving force model is further used in Monte Carlo simulations of non-homogenous crowds to estimate characteristic vertical vibration levels. Enhancement factors, which could …

On The Applications Of Deterministic Chaos For Encrypting Data On The Cloud, Jonathan Blackledge, Nikolai Ptitsyn

Conference papers

Cloud computing is expected to grow considerably in the future because it has so many advantages with regard to sale and cost, change management, next generation architectures, choice and agility. However, one of the principal concerns for users of the Cloud is lack of control and above all, data security. This paper considers an approach to encrypting information before it is ‘placed’ on the Cloud where each user has access to their own encryption algorithm, an algorithm that is based on a set of iterated function systems that outputs a chaotic number stream, designed to produce a cryptographically secure cipher. …

Performance Analysis Of Batch Reactor Temperature Control Systems, Michael Healy, John Mcgrory

Dissertations

The aim of this project was to investigate the performance of a number of key control strategies in the temperature control of batch reactors. A bench scale model was built and a batch production system was then implemented on this model. As there was no a priori knowledge of the system a number of common system identification methods were investigated.  The system was controlled using a Mitsubishi FX(2)N Programmable Logic Controller which was interfaced with a PC running ICONICS, a Supervisory Control And Data Acquisition software package. The system identification methods produced two different models for the system and …

Simulation Of Reverse Flow Heat Recovery For Pharmaceutical Clean Rooms In Colombia, Sandra Juliana Olaya Pineda, John Mcgrory

Dissertations

This dissertation examines, analyses, implements, and evaluates an innovative software heat transfer model for predicting air-to-air heat (energy) recovered in pharmaceutical drying clean rooms in Colombia. The approach provides a synergy between Reverse Flow Heat Recovery technology and activities for the consumption of this energy, not solely within the process, but throughout the whole pharmaceutical complex (e.g. warehouse, office and alternative processes). This novel integrated modelling tool developed using off the shelf software application such as MS Excel combined with MS Visual programming to calculate psychometric points, mass and enthalpy balances for analysing the operation of heat recovery systems. This …

Lost In Translation: The Effects Of Incentive Compensation On Strategy Surrogation, Jongwoon Choi, Gary Hecht, William B. Tayler

Faculty Publications

To facilitate managers’ decision-making, firms develop strategic performance measurement systems that translate strategy into performance measures. Ideally, managers see measures for what they are: imperfect proxies for intangible strategic constructs. However, managers may fail to fully appreciate the fact that measures are merely representations of the strategic constructs, and act as though the measures were the construct of interest – a phenomenon we label surrogation. In this paper, we investigate whether and how the use of strategically-linked performance measures for compensation purposes affects managers’ propensity to exhibit surrogation. In accordance with the attribute substitution framework (Kahneman and Frederick 2002), we …

Short Interest As A Signal Of Audit Risk, Cory A. Cassell, Michael S. Drake, Stephanie J. Rasmussen

Faculty Publications

Motivated by evidence from the empirical accounting and finance literatures suggesting that short sellers target firms with suspect financial reporting, we investigate whether short interest provides a signal of the degree of audit risk. We find a positive association between audit fees and short interest (total shares sold short scaled by total shares outstanding) after controlling for other determinants of audit fees. This finding suggests that short interest is an indicator of audit risk that reflects information not captured by traditional client risk measures. We also find an increase in the magnitude of the association between audit fees and short …

Should Investors Follow The Prophets Or The Bears? Evidence On The Use Of Public Information By Analysts And Short Sellers, Michael S. Drake, Lynn Rees, Edward P. Swanson

Faculty Publications

We investigate whether short sellers and analysts differ in their use of information that is predictive of future returns. We find that open short interest is significantly associated in the expected direction with all eleven variables examined. In contrast, analysts tend to positively recommend stocks with high growth, high accruals, and low book-to-market ratios, despite these variables having a negative association with future returns. We then investigate the profitability of using short interest in trading. We find abnormal returns (1.11 percent per month) from a zero-investment strategy that (1) shorts firms with highly favorable analyst recommendations (buy signal) but high …

The Flexural Strength Of Earth Block Masonry For Sustainable Walling In The Uk, C Williams, S Goodhew, R Griffiths

School of Art, Design and Architecture

No abstract provided.

Understanding Streaming In Dictyostelium Discoideum: Theory Versus Experiments, J. C. Dallon, Brittany Dalton, Chelsea Malani

Faculty Publications

Recent experimental work involving Dictyostelium discoideum seems to contradict several theoretical models. Experiments suggest that localization of the release of the chemoattractant cyclic adenosine monophosphate to the uropod of the cell is important for stream formation during aggregation. Yet several mathematical models are able to reproduce streaming as the cells aggregate without taking into account localization of the chemoattractant. A careful analysis of the experiments and the theory suggests the two major features of the system which are important to stream formation are random cell motion and chemotaxis to regions of higher cell density. Random cell motion acts to reduce …

Precision Study Of Excited State Effects In Nucleon Matrix Elements, Simon Dinter, Constantia Alexandrou, Martha Constantinou, Vincent Drach, Karl Jansen, Dru B. Renner

School of Engineering, Computing and Mathematics

No abstract provided.

Organizational Centralization As Figurational Dynamics: Movements And Counter-Movements In The Gaelic Athletic Association, John Connolly, Paddy Dolan

Articles

In this paper we develop aspects of Elias’s figurational approach within organisational studies by using some of the core theoretical constructs as a model to explain organi­sational change through an empirical investigation of the dynamics of centralisation–decentralisation processes in an Irish sports organisation. Based on historical analysis, the paper documents the expanding interdependencies, figurational dynamics and shifting power balances which led to a gradual, non-linear movement towards greater integration and centralisation within the organisation.

Anomaly-Based Correlation Of Ids Alarms, Gina C. Tjhai

School of Engineering, Computing and Mathematics Theses

An Intrusion Detection System (IDS) is one of the major techniques for securing information systems and keeping pace with current and potential threats and vulnerabilities in computing systems. It is an indisputable fact that the art of detecting intrusions is still far from perfect, and IDSs tend to generate a large number of false IDS alarms. Hence human has to inevitably validate those alarms before any action can be taken. As IT infrastructure become larger and more complicated, the number of alarms that need to be reviewed can escalate rapidly, making this task very difficult to manage. The need for …

An Integrated Framework To Assess ‘Leanness’ Performance In Distribution Centres, Amr Mahfouz

Doctoral

The theory behind lean philosophy is to create more value with less. Effective lean management enables organisations to exceed customer expectations while reducing costs. Despite the fact that numerous practices and approaches are used in the process of implementing lean philosophy and reducing waste within supply chain systems, little effort has been directed into assessing the leanness level of distribution and its impact on overall performance. Given the vital role of distribution units within supply chains, this research aims to develop a comprehensive lean assessment framework that integrates a selected set of statistical, analytical, and mathematical techniques in order to …

The Role Of Intuition In Strategic Decision Making: How Managers' Rationalize Intuition, Philomena Hanlon

Conference papers

This paper looks at the role of intuition in strategic decision making. While there is a considerable body of work on intuition generally empirical research on it and its use by managers is limited. Little research on managers in the ‘field’ has been carried out, with the work by Agor (1989) probably the best known. Due to the nature of intuition (an activity which takes place in the minds of individuals and which researchers can not access directly) this paper looks instead at the discursive patterns of mangers in relation to intuition in strategic decision making.

Primary data collection consisted …

Empowering L2 Tutoring: A Case Study Of A Second Language Writer's Vocabulary Learning, Carol Severino, Elizabeth Deifell

The Writing Center Journal

No abstract provided.

Theory In/To Practice: Using Dialogic Reflection To Develop A Writing Center Community Of Practice, R. Mark Hall

The Writing Center Journal

No abstract provided.

A Study On Wireless Communication Error Performance And Path Loss Prediction, Ismail Isnin

School of Engineering, Computing and Mathematics Theses

One channel model that characterises multipath fading effect of a wireless channel is called Flat Rayleigh Fading channel model. Given the properties of Flat Rayleigh Fading channel, an equation to find the capacity of a Flat Rayleigh fading channel with hard decision decoding is derived. The difference of power requirement to achieve the Additive White Gaussian Noise (AWGN) capacity over a Flat Rayleigh Fading channel fading is found to increase exponentially with Es /N0 . Upper and lower bounds of error performance of linear block codes over a Flat Rayleigh Fading channel are also studied. With the condition that the …

Video Supports The Lecturing Star, Audrey Martin

Conference Papers

This paper examines the potential of pedagogically designed video demonstrations in supporting lecture and tutorial notes in the Spatial Information Sciences. In the Department of Spatial Information Sciences (DSIS) in the Technological University Dublin (DIT) Land Surveying is taught across a wide variety of disciplines. Typically such modules have an equal weighting between written examination and field based project learning. To accommodate this highly practical subject area, 50 % of contact time is normally dedicated to field exercises whereby students, in groups of no more than five, receive demonstration on diverse surveying instrumentation and subsequently complete practical project work as …

The Impact Of Macular Pigment Augmentation On Visual Performance In Normal Subjects: Compass, John Nolan, James Loughman, Akkali Makunda, Jim Stack, Grainne Scanlon, Peter Davison, Stephen Beatty

Articles

This study was conducted to investigate whether augmentation of macular pigment (MP) enhances visual performance (VP). 121 normal subjects were recruited. The active (A) group consumed 12 mg of lutein (L) and 1 mg of zeaxanthin (Z) daily. MP optical density (MPOD) was assessed by customized heterochromatic flicker photometry. VP was assessed as best corrected visual acuity (BCVA), mesopic and photopic contrast sensitivity (CS), glare disability, photostress, and subjective visual function. Subjects were assessed at baseline; 3; 6; 12 months (V1, V2, V3 and V4, respectively). Central MPOD increased significantly in the A group (p < 0.05) but not in the placebo group (p > 0.05). This statistically …

Supplementation With All Three Macular Carotenoids: Response, Stability, And Safety, Eithne Connolly, Stephen Beatty, James Loughman, Alan Howard, Michael Louw, John Nolan

Articles

Purpose This study was designed to investigate serum and macular response, and safety, to supplementation with meso-zeaxanthin (MZ), lutein (L) and zeaxanthin (Z), the carotenoids that constitute macular pigment (MP).

Materials and Methods 44 healthy subjects were recruited into this randomized, placebo-controlled, clinical trial. Subjects consumed one tablet per day containing 10.6 mg MZ, 5.9 mg L and 1.2 mg Z (Intervention, I group) or placebo (P group). The spatial profile of MP optical density (MPOD) was measured using heterochromatic flicker photometry (HFP), and serum concentrations of L and Z were quantified using high performance liquid chromatography (HPLC). Subjects …

Prognostic Indicators And Outcome Measures For Surgical Removal Of Symptomatic Nonadvanced Cataract, Sofia Charalampidou, James Loughman, John Nolan, Jim Stack, Lorraine Cassidy, Konrad Pesudovs, Stephen Beatty

Articles

Objectives:

To report changes in perceived visual functioning after surgery for symptomatic cataract with pre-operative corrected distance visual acuity [CDVA] of 0.4 logMar or better (Snellen equivalent, 20/50) and to investigate the relationship between any observed changes and preoperative physical characteristics and psycho-physical consquences of the lens opacity and any changes in psychophysical findings after the procedure.

Minimal Analytical Characterisation Of Engineered Nanomaterials Needed For Hazard Assessment In Biological Matrices, Hans Bouwmeester, Hugh Byrne, Alan Casey, Gordon Chambers

Articles

Background: This paper presents the outcomes from a workshop of the European Network on the Health and Environmental Impact of Nanomaterials (NanoImpactNet) held in June 2008. During this workshop 45 experts in the field of safety assessment of engineered nanomaterials from academia, non-profit organizations and industry addressed a list of essential metrics of engineered nanomaterials that need to be characterized as a minimum.

Results: The group discussed the need to systematically study sets of engineered nanomaterials to generate a dataset that allows for the establishment of dose-response data related to specific metrics of engineered nanomaterials. Concomitantly the availability of analytical …