Digital Commons Network^™

Who Must Testify To The Results Of A Forensic Laboratory Test? Bullcoming V. New Mexico, Richard D. Friedman

Articles

Does the Confrontation Clause permit the prosecution to introduce a forensic laboratory report through the in-court testimony of a supervisor or other person who did not perform or observe the reported test?

Ethically Speaking: Academic Librarians' Perceptions Of Information Privacy, Intellectual Freedom, And The Usa Patriot Act, Alicia Carol Willson-Metzger

Educational Leadership & Workforce Development Theses & Dissertations

This study examined five research questions relating to U.S. academic librarians' perceptions of and attitudes toward intellectual freedom, information privacy, and the USA PATRIOT Act: 1) Do academic librarians' self-perceived levels of affiliation with the American Library Association affect their attitudes toward the USA PATRIOT Act (2001)? 2) Do academic librarians' self-perceptions of affiliation with the American Library Association affect their attitudes regarding intellectual freedom for librarians and, if so, in which direction? 3) Does the USA PATRIOT Act (2001) compromise intellectual freedom as practiced by academic librarians? 4) Does the USA PATRIOT Act (2001) make academic librarians rethink …

Potential Responses To The Melendez-Diaz Line Of Cases, Richard D. Friedman

Articles

Criminal prosecution is increasingly dependent on proof of the results of forensic laboratory tests. They are used, for example, to prove that a given substance contains cocaine; the prove what a driver’s blood alcohol content was; and to demonstrate that the DNA profile of some substance found at the crime scene matches that of the accused.

In Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), the United States Supreme Court resolved a question that had divided the lower courts in the wake of Crawford v. Washington, 541 U.S. 36 (2004). The Melendez-Diaz Court held by a 5-4 vote that forensic laboratory …

Plato’S Theory Of Democratic Decline, Brenner M. Fissell

Hofstra Law Faculty Scholarship

While democracy is derided for a variety of reasons in Plato’s thought, his most damning critique of that regime type does not involve an observation about democracy qua democracy, but of the transition that it so easily engenders: the decline to tyranny. Regimes are composed of individuals and groups, though, and Plato is anxious to ascribe culpability for the degradation. Two actors are the primary focus of his analysis — the political leaders and the demos. At times he emphasizes the puissance of the demos, but in other passages he suggests it is the leaders who are most authoritative. This …

Ethics In Criminal Advocacy, Ellen Yaroshefsky, Peter A. Joy

Hofstra Law Faculty Scholarship

No abstract provided.

Prosecutorial Disclosure Obligations, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

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 …

Process Preemption In Federal Siting Regimes, Ashira Ostrow

Hofstra Law Faculty Scholarship

Land use regulation has historically been a function of local governments. Congress left land use to the states; the states, in turn, empowered municipalities to enact zoning laws to guide planning and development decisions. Today, however, formal distinctions between state and federal spheres of power have been supplanted by an interjurisdictional understanding of federalism, in which local authority to regulate land overlaps with federal and state authority. Accordingly, Congress has experimented with a variety of policies aimed at compelling local governments to site nationally relevant facilities. Federal siting regimes have ranged from federal delegation of regulatory authority to the states, …

Transnational Surrogacy And International Human Rights Law, Barbara Stark

Hofstra Law Faculty Scholarship

Transnational surrogacy is becoming increasingly commercial, drawing on a wide range of domestic laws, including some notably lax domestic laws, and dramatically disparate economic circumstances, to create new families. Part I of this Article introduces the subject and explains why the domestic family laws of the participating states are inadequate to address it. Part II explains how international human rights law, especially three major human rights treaties: the International Covenant on Economic, Social and Cultural Rights (“ICESCR” or the “Economic Covenant”), the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW” or the “Women’s Convention”) and the …

Freeing The Press From Editorial Discretion And Hegemony In Bona Fide News: Why The Revolution Must Be Televised, Akilah N. Folami

Hofstra Law Faculty Scholarship

Broadcast journalism's foundational role of informing and engaging the American public in order to further America's self-governing democracy is in crisis. Corporate broadcast owners' efforts to maximize profits and increase advertising revenue during traditional network news and related public affairs programming have led to the closing of many investigative and correspondent television news bureaus and have arguably hastened the devolution of broadcast journalism into a depoliticized spectacle filled with political and celebrity, gossip-driven infotainment. Furthermore, as viewers have abdicated their reliance on broadcast journalism as their primary source of political knowledge, they have also disengaged from professional broadcast journalists' dispassionate, …

Civil Rites: The Gay Marriage Controversy In Historical Perspective, Joanna L. Grossman

Hofstra Law Faculty Scholarship

This short essay, written for a volume that celebrates and reflects on Lawrence M. Friedman’s work in legal history and legal culture, explores the modern controversy about same-sex marriage through a historical lens. The legalization of same-sex marriage by five states, and the express condemnation of it by more than forty others, has reintroduced the age-old problem of non-uniform marriage laws and the complicated interactions that follow. This modern story - a challenge to traditional marriage, a divisive moral debate, and the emergence of strong oppositional forces that are stuck, at least temporarily, but perhaps indefinitely, in a kind of …

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.

Effectuating Disclosure Under The Williams Act, Ronald J. Colombo

Hofstra Law Faculty Scholarship

The importance of adequate, timely disclosure of critical information to investors and the capital markets has never been more greatly appreciated. In furtherance of such disclosure, within the specific context of rapid stock accumulations that implicate potential changes in corporate control, Congress passed the Williams Act in 1968. Unfortunately, thanks largely to an early Supreme Court decision interpreting the Act, the remedies available to private litigants foster noncompliance and gamesmanship. Fortunately, this decision is open to reinterpretation – and arguably ripe for relegation as bad law. Such a turn of events would give rise to a remedial regime that furthers, …

Weighing Status: Obesity, Class, And Health Reform, Janet L. Dolgin, Katherine R. Dieterich

Hofstra Law Faculty Scholarship

The article explores the intersection between the nation’s presumptive “epidemic” of obesity and efforts to reform the health care system. It notes parallels between attitudes toward obesity and attitudes toward poverty and suggests that a set of social and legal responses about those deemed overweight or obese echoes a wider set of beliefs and values that lies beneath the national debate about health care reform. It suggests that these beliefs and values limited the reach of health reform in 2010 and continue to do so.

More specifically, the article examines America’s recent public focus on what has been labeled an …

Capturing Individual Harms, Katrina Fischer Kuh

Hofstra Law Faculty Scholarship

The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (‘CHG’) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed …

Statutes And Limitations: Thinking Collaboratively About Print State Codes, Courtney L. Selby

Hofstra Law Faculty Scholarship

One of the topics of conversation I have seen floating in the cloud as of late is the question of how best to achieve reduced expenditures for print state statutes without compromising the level of service we provide. More often than not, we are finding savings through cancellation of at least some portion of our print state statute collections. Most of the reports I have seen show a strong tendency for libraries engaged in such cancellations to maintain both the official and unofficial print codes from the library’s home state, along with a few other print codes from selected jurisdictions. …

A Framework For The Extraction And Modeling Of Fact-Finding Reasoning From Legal Decisions: Lessons From The Vaccine/Injury Project Corpus, Vern R. Walker, Nathaniel Carie, Courtney C. Dewitt, Eric Lesh

Hofstra Law Faculty Scholarship

This article describes the Vaccine/Injury Project Corpus, a collection of legal decisions awarding or denying compensation for health injuries allegedly due to vaccinations, together with models of the logical structure of the reasoning of the factfinders in those cases. This unique corpus provides useful data for formal and informal logic theory, for natural-language research in linguistics, and for artificial intelligence research. More importantly, the article discusses lessons learned from developing protocols for manually extracting the logical structure and generating the logic models. It identifies sub-tasks in the extraction process, discusses challenges to automation, and provides insights into possible solutions for …

Henry Lord Brougham And Resolute Lawyering, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In preparing to speak at the recent conference on Ethics in Judging in Ottawa, sponsored by the National Judicial Institute, I was surprised to see references in Canadian articles and judicial opinions disparaging Henry Lord Brougham's famous quotation on the role of the advocate. Here is what Lord Brougham said in defending Queen Caroline at her trial in the House of Lords in 1821:

[A]n advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client. To save that client by all means and expedients, and at all hazards and …

Social And Legal Debate About The Affordable Care Act, Janet L. Dolgin, Katherine R. Dieterich

Hofstra Law Faculty Scholarship

Never the closest of bedfellows, law and technology mix uneasily within the realm of alternative reproductive practices. More than twenty years ago, the drama of Baby M provoked a fierce debate about the legal and biological contours of parenthood. In pondering the issue, the New Jersey Supreme Court attempted to erect a barrier between a natural mother’s right and what it saw as a dangerous and exploitive new mechanism for producing and marketing human life. Since that time, the practice of surrogacy and the use of alternative reproductive technologies have taken firm hold in our culture, creating families where, previously, …

Rethinking The Fourth Amendment: Race, Citizenship & The Equality Principle, I. Bennett Capers

Hofstra Law Faculty Scholarship

Notwithstanding claims that the election of President Barack Obama signals a post-racial epoch, one does not have to look far for evidence that race still matters. It is particularly evident in how we police, which remains very much racially inflected. Even when racial animus is absent, there often persists the perception that racial bias is present, even inevitable, as the recent firestorm over the arrest of Harvard Professor Henry Louis Gates attests to. Scholars such as Randall Kennedy have long argued that disparate treatment by police amounts to the imposition of a “racial tax.” But this comparison, while descriptively apt, …

Coping With Chronic Illness: Do Strategies Differ By Illness Type?, Kerry T. Eldred

UNF Graduate Theses and Dissertations

While coping varies with individuals and is a product of complex, interrelated factors, the primary interest of this study was determining how coping behaviors manifest according to these chronic illness types: those of known pathology (e.g., asthma, osteoarthritis, lupus) and those that lack a clear, structural pathology (i.e., functional somatic syndromes and medically unexplained symptoms). Data for this study were gathered from a series of four comprehensive online surveys, which included measures of coping (Brief COPE), pain and health outcomes (SF-36), negative affect (I-PANAS-SF) and depression (PHQ- 8). The analyzed sample was comprised of 148 participants (119 Female, 28 Male …

Performance Of Bfsa Based Anti-Collision Protocols For Rfid Networks Supporting Identical Tags, Kirti Chemburkar

UNF Graduate Theses and Dissertations

Radio Frequency Identification (RFID) is a powerful emerging technology widely used for asset tracking, supply chain management, animal identification, military applications, payment systems, and access control. Over the years, RFID has emerged as a popular technology in various industries because of its ability to track moving objects. As RFID is becoming less expensive and more robust, many companies and vendors are developing tags to track objects. Multiple vendors manufacture RFID tags worldwide. Therefore, it is quite possible that they manufacture tags with the same identification code (ID) as vendor ID code data sets may not be synchronized or may be …

Physical Activity And Self-Esteem In Females During Late Adolescence, Katrina Dembeck

UNF Graduate Theses and Dissertations

In the United States, obesity is on the rise while physical activity is declining. Educational funding cuts result in less time and resources for physical education in schools and youth are increasingly more sedentary with technological advances. Advance practice nurses have a role in promoting physical activity and health in this population.

The purpose of this study was to examine the relationship between physical activity and self-esteem in females during late adolescence and the effect of perceived benefits and barriers to physical activity on this relationship. E-mail invitations to participate in an online survey were sent to female undergraduate students …

A Collective Case Study Of Mobile E-Book Learning Experiences, Jeffrey Scott Kissinger

UNF Graduate Theses and Dissertations

This research was designed to explore the learning experiences of state college students using mobile e-book readers. The purpose of the study was to build a rich description of how students used electronic textbooks delivered on mobile computing devices for college-level, introductory sociology courses. This research employed a multiple case study design that thoroughly investigated and documented student experiences with this instructional technology.

The bounding frame was comprised of the literature on mobile technology, mobile learning theories, and e-books. Situated within the mobile learning framework was a theoretical lens of learning theories commonly found in the literature on mobile learning …

Reflexivity And Social Phenomenology, Benjamin K. Hoffman

UNF Graduate Theses and Dissertations

This thesis develops an account of human understanding on the basis of an analysis of German philosopher Martin Heidegger’s Being and Time, and in relation to the thought of the Kyoto School philosopher Watsuji Tetsuro. The aim is to describe shared human intelligibility as founded upon a historical tradition and maintained by concrete practices, and yet as expressed only by interpretive projections, and therefore always open to revision. An analysis of the significance of anxiety and authenticity in Being and Time, as aspects of the existential interpretive process of our lives, is accompanied by a philosophical description of …

Cognitive Predictors Of Worry In An Adolescent Community Sample, Marco Roberto Mentuccia

UNF Graduate Theses and Dissertations

Although worry is a common source of distress in children and adolescents, relatively few studies have focused on understanding worry in both of these age groups (Cartwright-Hatton, 2006). This area of research is of particular relevance, as understanding worry in youth may have implications for the assessment and treatment of adolescent worry and other anxiety-related difficulties. Consequently, the focuses of this study were to examine the validity and relevance of metacognitive measures of worry in an adolescent sample, to determine the degree to which metacognitive worry is associated with worry in adolescents, and to examine the potential association between adolescent …

The Role Of Consensus In The Neutrality/Advocacy Debate, Michael Patrick Bailey

UNF Graduate Theses and Dissertations

The debate over the preferred teaching method of ethics is between the methods of neutrality and advocacy. Proponents of each assume that only one method is acceptable. I argue that both methods have acceptable versions and that there are different situations in which one is preferred over the other.

Using both methods throughout an ethics course is preferable to using only one method exclusively. The question then becomes how one decides which method to use with each particular issue. I argue that it depends on whether an ethical issue is controversial or whether or not a consensus exists.

Controversy and …

Pot As Pretext: Marijuana, Race, And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan

Faculty Scholarship

Although possession of small quantities of marijuana has been decriminalized in New York State since the late 1970s, arrests for marijuana possession in New York City have increased more than tenfold since the mid-1990s, and remain high more than 10 years later. This rise has been a notable component of the city’s “Order Maintenance Policing” strategy, designed to aggressively target low-level offenses, usually through street interdictions known as “stop, question, and frisk” activity. We analyze data on 2.2 million stops and arrests carried out from 2004 to 2008, and identify significant racial disparities in the implementation of marijuana enforcement. These …