Digital Commons Network^™

The Bizarre Law & Economics Of 'Business Roundtable V. Sec', Grant M. Hayden, Matthew T. Bodie

Faculty Journal Articles and Book Chapters

Corporations are legal entities designed to foster certain kinds of collective economic activity. The decisionmaking power within a corporation ultimately rests with a board of directors elected by shareholders. Shareholders, however, do not use anything like a conventional ballot in these elections; instead, they fill out a “proxy ballot,” delivered to them by the incumbent board. This proxy ballot lists only the incumbent board’s chosen nominees, very often the board members themselves. If a shareholder wants to run for director or propose another nominee for the board, she needs to provide all other shareholders with a separate proxy ballot — …

The Affordable Care Act Individual Coverage Requirement: Ways To Frame The Commerce Clause Issue, Wendy K. Mariner

Faculty Scholarship

No abstract provided.

The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

Should a child be allowed two legal parents only if born into a marriage? For children of heterosexual parents, the answer, today, is definitively "no." Constitutional protection for parental rights does not permit the ties between an unwed father and his child to be severed simply because he is not married to the child's mother. But the answer is often different for the child of a lesbian mother. In a recent opinion, Debra H. v. Janice R., the New York Court of Appeals ruled that a lesbian co-parent- a woman who had participated in the conception, birth, and early rearing …

Defense Of Marriage Act, Will You Please Go Now!, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

The time has come.

The time has come.

The time is now.

Just go.

Go.

GO!

I don’t care how.

You can go by foot.

You can go by cow.

Marvin K. Mooney, will you please go now!

These are the opening lines of Marvin K. Mooney Will You Please Go Now!, a Dr. Seuss book that my three sons and I have read literally hundreds of times. It has all the usual appeal of a Dr. Seuss book -- euphonious rhymes, made-up words and objects, fantastical creatures. But it has something else, too. An air of mystery. The …

Harmonizing Formal Requirements For Cross-Border Sales Contracts, Peter Winship

Faculty Journal Articles and Book Chapters

Legal systems have different traditions about how to "prove" a contract for the sale of personal property. Most legal systems today permit the contract to be proved by any means but some States require that the agreement be concluded in or evidenced by writing. The United Nations Convention on Contracts for the International Sale of Goods adopts a freedom-of-form rule but authorizes a State to declare that the rule does not apply when the seller or buyer has its place of business in that State. This essay studies the consequences of such a declaration. The Convention text does not expressly …

Policing International Prosecutors, Jenia I. Turner

Faculty Journal Articles and Book Chapters

A recurring question in international criminal procedure is how to ensure that prosecutors are held accountable for their errors and misconduct. When International Criminal Court (ICC) judges encountered the first serious error by the prosecution in Prosecutor v. Lubanga, they opted for an absolutist approach to remedies: the judges stayed the proceedings and ordered the release of the defendant. Although termination of the case was avoided through the intervention of the Appeals Chamber, the standoff between the judges and the prosecution highlighted the dilemmas that the ICC faces in these circumstances. To protect the integrity of its proceedings, the court …

The Failure Of Investor Protection By Disclosure, Tamar Frankel

Faculty Scholarship

This Article deals with the issue of investor protection by disclosure. It discusses the evolution of disclosure in the financial area during the past thirty years, the role of disclosure in the regulation of intermediaries, and the current strong disagreements concerning the Dodd-Frank Act's mandate applicable to market brokers. The Article notes the role of disclosure in the restructured financial intermediation system, its failure to protect investors, and concludes with suggestions to partially correct the failure and restore the rationale for effective disclosure. Disclosure should apply to the risks posed by the intermediaries rather than to the dangers and risks …

Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore

Faculty Scholarship

In 1916, Julius Henry Cohen—the subject of this conference—took up the now-perennial debate concerning whether law is a business or a profession, coming down on the side that, although legal practice had become too commercialized of late, law was and should be a profession. In 2010, Tom Morgan—one of the participants in this conference—addressed the same question in his book The Vanishing American Lawyer and provocatively concluded, contrary to Cohen, that “Law in America is not a profession—and that’s a good thing.”

No History, No Certainty, No Legitimacy . . . No Problem: Originalism And The Limits Of Legal Theory, Gary S. Lawson

Faculty Scholarship

Professor Martin H. Redish is on the warpath. Like General Sherman marching toward Atlanta (or Justin Tuck marching toward Tom Brady), Professor Redish, together with Matthew Arnould,1 lays waste to every constitutional theory that he encounters. Originalism, with its “belief that constitutional interpretation should be characterized exclusively by an effort to determine the Constitution’s meaning by means of some form of historical inquiry,”2 generates “an often contrived and opaque veil of historical inquiry”3 that provides “an ideal smokescreen behind which judges may pursue their personal[,] moral, political[,] or economic goals with relative impunity.”4 Nontextual theories, for their part, “permit[] selective …

Automatic Detection Of Annular-Granular Patterns In Melanoma In Situ Dermoscopy Images, Parivash Hajiyani

Masters Theses

"Early detection of malignant melanoma greatly benefits patients, as the overall success is dependent on finding these melanomas before they reach the invasive stage. Dermoscopy is a non-invasive skin imaging technique that studies have shown can improve the diagnostic accuracy of dermatologists by as much as 30% over clinical examination. In this project machine vision and image analysis techniques are used to detect annular granular areas in dermoscopy images automatically. The proposed algorithm utilizes the luminance ratio between annular and granular areas within the darkest 30% of the lesion. All points whose luminance value are less than 30% of the …

Experimental Feasibility Study Of A Passive Radio Frequency Identification-Based Distributed Beamforming Framework And Radio Frequency Tag Design For Achieving Dynamic Beamforming, Pratim Shah

Masters Theses

"Passive UHF RFID tags works on the principle of backscattering mechanism. In realistic environment, there are multiple objects and tags that create complex, multipath propagation scenarios with numerous null-points, reduced read range and read rate.

In general, the RF frontend of tags could be controlled such that the negative effects of multipath propagation are reduced or even inverted thus implementing a virtual beamforming. The theoretical framework of beamforming in RFID system, using additional tags as virtual antenna arrays, has been discussed before. The presented study evaluates the feasibility of such beamforming in passive RFID systems. Moreover, it synthesizes an appropriate …

Distributed And Collaborative Watermarking In Relational Data, Prakash Kumar

Masters Theses

"Watermarking relational data is an important topic in the field of copyright protection, given the increasing prevalence of piracy and illegal duplication of databases. While there exists solutions for watermarking relational data, the problems that arise due to multiple ownership (two or more) of databases have not been acknowledged. This research focuses on developing a novel watermarking scheme to counter the problems. The watermarking scheme proposed necessitates the owners of the database in consideration to come together to perform the watermarking process. The scheme can be applied to insert watermarks in both numerical and categorical data. The watermarking scheme is …

Design And Verification Of Clockless Advanced Encryption Standard (Aes) Crypto-Hardware For Improved Side-Channel Attack Resistance, Siva Pavan Kumar Kotipalli

Masters Theses

"The Advanced Encryption Standard (AES) is the most widely used symmetric key algorithm standard in different security protocols. The AES was very reliable in providing security for data until a few years ago, when researchers proved the Side Channel Attacks (SCA) like power analysis were successful in compromising this security.

This thesis focuses on designing effective countermeasures against the SCA's, by exploring the usage of an Asynchronous logic based design approach, called Null Convention Logic (NCL). This work discusses the design of NCL based subset of AES cryptosystem. The performance benefits of this novel cryptosystem are presented by making qualitative …

Prototyping And Testing Of Solar Hybrid Pv-T Panels, Joel Aaron Lamson

Masters Theses

"The combination of photovoltaic and solar thermal (PV-t) systems has been proven to provide greater efficiency than their stand-alone counterparts. Previous studies on hybrid assemblies have found favorable results supporting the combination of both systems. The research presented here builds on the work competed here at Missouri University of Science and Technology (Missouri S&T) yielding favorable results of increased efficiencies as compared to stand-alone systems. The main difference between this experiment and previous research at Missouri S&T is that the hybrid PV-t is unglazed. The effect of an unglazed panel is shown to reduce the thermal output of the PV-t …

Spiking Neural Networks Encoding And Decoding Algorithms For Time Series Estimation And System Identification, Sinchan Roychowdhury

Masters Theses

"Artificial Neural networks (ANNs) have increasingly been applied to different system identification, pattern recognition and function approximation problems. The predominantly used neural network architectures are the feedforward and feedback networks. Multilayer perceptrons and radial basis function networks are among the most commonly used feed-forward architecture neural networks and the Elman and Jordan networks are the most widely used recurrent neural networks. These networks are also called as second generation ANNs.

This thesis focuses on the third generation ANNs which are biologically inspired and operate on the same principles as the living neurons. These are also known as biologically inspired artificial …

Making Popular Constitutionalism Work, Thomas G. Donnelly

Law Faculty Publications

Popular constitutionalism defies easy definition. Its leading theorists fail to offer a common reading of constitutional history, a common methodology, or even a common set of remedies. Given these diverse approaches, it is little wonder that one recurring complaint among popular constitutionalism's critics is that the theory itself is incoherent. This criticism is overstated. Even as there are various strands of popular constitutionalism, its leading theorists do share one key attribute, a populist sensibility-a common belief that the American people (and their elected representatives) should play an ongoing role in shaping contemporary constitutional meaning. The question remains how best to …

Unified Knowledge Model For Stability Analysis In Cyber Physical Systems, Tamal Paul

Masters Theses

"The amalgamation and coordination between computational processes and physical components represent the very basis of cyber-physical systems. A diverse range of CPS challenges had been addressed through numerous workshops and conferences over the past decade. Finding a common semantic among these diverse components which promotes system synthesis, verification and monitoring is a significant challenge in the cyber-physical research domain. Computational correctness, network timing and frequency response are system aspects that conspire to impede design, verification and monitoring. The objective of cyber-physical research is to unify these diverse aspects by developing common semantics that span each aspect of a CPS. The …

A Digitally Implemented Practical Photovoltaic Simulator With A Double Current Mode Controller, Jie Ang Zhao

Masters Theses

"This thesis presents a microcontroller- and DC-DC converter-based photovoltaic (PV) simulator which emulates the output characteristic of a PV module. The current-voltage (IV) characteristic of a PV module is implemented as a look-up-table that generates an output reference current based on a measured output voltage. The control mechanism is based on a double current mode controller that consists of a predictive current mode controller and a proportional-integral (PI) controller arranged in an inner loop and outer loop configuration. The PI controller is designed based on classical phase margin and gain margin criteria to ensure system stability. The performance of the …

Investigating The Effects Of Internally Trapped Residuals On The Performance Of A Homogeneous Charge Compression Ignition (Hcci) Engine, Aaron David Attebery

Masters Theses

"Homogeneous charge compression ignition (HCCI) combustion introduces great opportunity for decreased emissions along with greater engine efficiencies. Implementing an innovative combustion mode such as HCCI presents a great challenge for the engine research community. One such challenge is controlling the innate cyclic variability from this chemical kinetics controlled auto-ignition event when transitioning to or from a SI operating mode. This work includes the study of cycle-to-cycle dynamics that occur within the partial burn regime of an HCCI engine as it approaches the misfire limit. Within this regime there are many successive incomplete combustion events that will impact the next cycle …

Depth Profiling Of Pahs Treated With Activated Carbon Using In-Situ Spme, Ryan D. Stringer

Masters Theses

"Novel and efficient methods to measure the bioavailability of hydrophobic organic contaminants (HOCs) in contaminated sediments will play an important role in the acceptance of alternative sediment remediation strategies. In this project, solid phase microextraction (SPME) fibers, protected in perforated steel tubes, were used as in situ passive samplers to measure the treatment of activated carbon (AC) in polycyclic aromatic hydrocarbon (PAH) contaminated sediment. Contaminated sediment was treated with two modes of AC waterjet amendment. In the first treatment, a single 2-min injection was shot into the center of a test vessel and in the second treatment, multiple 7-sec injections …

Reasonable Behavior At The Cfpb, Norman I. Silber

Hofstra Law Faculty Scholarship

The article focuses on deception in the marketplace and the role of the Consumer Financial Protection Bureau (CFPB). It cites the novel "The Jungle," by Upton Sinclair which portrays the truth in mortgage and purchase agreement. It states that CFPB was tasked to improve honesty and the quality of information in the marketplace.

Ladder Safety: Disclosure Of Corporate Client Confidences, Linda Galler

Hofstra Law Faculty Scholarship

This Essay demonstrates that the theory underlying ABA Model Rule of Professional Conduct 1.13(c), granting lawyers the option to reveal certain client confidences on a discretionary basis, doesn’t work. Despite some compelling reasons for permitting disclosure of clients’ “bad” behavior, economics dictate that it should be a rare case in which a lawyer will actually disclose. The Essay utilizes the facts of a recent case involving in-house certified public accountants who revealed to state tax authorities that their employer had not been compliant with state tax laws, and were fired from their jobs. In thinking about whether similarly situated attorneys …

Demanding Substance Or Form? The Sec's Plain English Handbook As A Basis For Securities Violations, J. Scott Colesanti

Hofstra Law Faculty Scholarship

In 1998, the United States Securities and Exchange Commission (“SEC” or “ “Commission”) released a style manual titled “The Plain English Handbook.” The culmination of a drive by its Chairman, Arthur Levitt, the Handbook drew upon the rules of grammar, best industry practice, and even the support of billionaire Warren Buffett in calling for a layman's translation of corporate disclosure documents.

To varying degrees, commentators noted the significance of the Handbook. Initial textual studies provided mixed results. The press marveled at its novelty but securities regulation experts were less sanguine, chiding Commission members for naming themselves “language czars of the …

Defense Of Marriage Act, Will You Please Go Now!, Joanna L. Grossman

Hofstra Law Faculty Scholarship

The time has come.
The time has come.
The time is now.
Just go.
Go.
GO!
I don’t care how.
You can go by foot.
You can go by cow.
Marvin K. Mooney, will you please go now!

These are the opening lines of Marvin K. Mooney Will You Please Go Now!, a Dr. Seuss book that my three sons and I have read literally hundreds of times. It has all the usual appeal of a Dr. Seuss book -- euphonious rhymes, made-up words and objects, fantastical creatures. But it has something else, too. An air of mystery. The …

Anti-Stereotyping And "The End Of Men", Barbara Stark

Hofstra Law Faculty Scholarship

As scholars have recently shown, Justice Ruth Bader Ginsburg’s earliest sex discrimination work was grounded in anti-stereotyping theory. The particular stereotype she challenged was that of males as breadwinners and females as homemakers. As Cary Franklin notes, Justice Ginsburg’s approach was grounded in “constitutional limits on the state’s power to enforce sex-role stereotypes.” While Justice Ginsburg herself has come to realize that anti- stereotyping may not suffice to combat sex discrimination, her early focus on the ways in which stereotyping affects men, specifically men who did not fit the breadwinner stereotype, and her argument that only state-sanctioned stereotypes are constitutionally …

Everything You Always Wanted To Know About Farid But Were Afraid To Ask, Linda Galler

Hofstra Law Faculty Scholarship

If you are or have been a student of federal income tax, chances are that you have studied Farid-Es-Sultaneh v. Commissioner, 160 F.2d 812 (2d Cir. 1947), a case addressing a wife’s tax basis in stock received under the terms of a prenuptial agreement. This opinion is included in most basic tax casebooks and is frequently cited by tax scholars and practitioners for the black letter principle that it espouses. Over the last year or so, I have embarked on an archaeology project of sorts, searching for the story behind the case. This article reflects the results of that …

Deep Learning Using Genetic Algorithms, Joshua Lamos-Sweeney

Theses

Deep Learning networks are a new type of neural network that discovers important object features. These networks determine features without supervision, and are adept at learning high level abstractions about their data sets. These networks are useful for a variety of tasks, but are difficult to train. This difficulty is compounded when multiple networks are trained in a layered fashion, which results in increased solution complexity as well as increased training time. This paper examines the use of Genetic Algorithms as a training mechanism for Deep Learning networks, with emphasis on training networks with a large number of layers, each …

Response: Rethinking The Direction Of The Alien Tort Statute, Julian G. Ku

Hofstra Law Faculty Scholarship

Despite the voluminous academic literature on the origins, purpose, and significance of the Alien Tort Statute (ATS), there has been very little attention paid to the policy consequences of allowing wide-ranging litigation under the statute. Alan Sykes's economic analysis of ATS litigation against corporations, therefore, fills an important gap in the ATS literature. It is the first attempt to apply a rigorous law and economics analysis to the ATS. This intervention is especially important as the Supreme Court reconsiders the role of federal courts in the management of ATS litigation.

This brief Response will consist of two Parts. First, I …

Mediation And Social Justice: Risks And Opportunities, Robert A. Baruch Bush, Joseph P. Fogler

Hofstra Law Faculty Scholarship

The article assesses the social justice critique of mediation and its bases. It describes various responses that mediation's proponents have offered to counter its social justice critics and illustrates the flaws in the arguments used to counter the critics. It presents a new view of how mediation can be supportive of social justice and explains the conditions essential for mediation to meet that goal. It discusses the U.S. Supreme Court's decision in Brown v. Board of Education of Topeka.

Where Has Theory Gone? Some Questions About Global Justice, José María Monzón

California Western International Law Journal

No abstract provided.