Digital Commons Network^™

Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich

Articles

No abstract provided.

A Suspended Nanogap Formed By Field-Induced Atomically Sharp Tips, Jun Hyun Han, Kyung Song, Shankar Radhakrishnan, Sang Ho Oh, Chung Hoon Lee

Electrical and Computer Engineering Faculty Research and Publications

A sub-nanometer scale suspended gap (nanogap) defined by electric field-induced atomically sharp metallic tips is presented. A strong local electric field (>109 V=m) across micro/nanomachined tips facing each other causes the metal ion migration in the form of dendrite-like growth at the cathode. The nanogap is fully isolated from the substrate eliminating growth mechanisms that involve substrate interactions. The proposed mechanism of ion transportation is verified using real-time imaging of the metal ion transportation using an in situ biasing in transmission electron microscope (TEM). The configuration of the micro/nanomachined suspended tips allows nanostructure growth of a wide variety of …

Reflections Upon Transitions: An Essay On Learning How To Teach After Practicing Law, C. Benjie Louis

Hofstra Law Faculty Scholarship

Every academic year, new law school faculty enter legal academia. Many of these new teachers are practitioners with varying levels of legal practice experience. While the transition from practice to teaching is particular to each person, for clinical professors there are some specific challenges that transform our professional identity. Clinical professors wear many hats: teacher, lawyer, mentor, and scholar. Navigating those many hats and adjusting to various goals of teaching emerging attorneys is only a couple of challenges. Other challenges include changing the focus of our professional identity from career-centered, in its many facets, to student centered.

A core component …

Modernizing The Virtue Of Humility, G. Alex Sinha

Hofstra Law Faculty Scholarship

This paper offers a novel, secular account of the virtue of humility. There are only two such accounts in recent philosophical literature: one defended by Julia Driver, the other by George Schueler. Driver attaches the virtue of humility to people who underestimate their merits, or lack beliefs about their merits altogether. Schueler thinks that humility requires indifference to how we are regarded vis-a`-vis our accomplishments. This paper brings out the limitations of those accounts and constructs a new one which is free of them.

The new account derives directly from the under-appreciated approach defended a century ago by Hastings Rashdall, …

Toward A Functional Characterization Of The Acidic-Domain Of The Chloroplast Protein Import Receptor Toc159, Joseph K. Weston

Theses and Dissertations (Comprehensive)

Chloroplasts are members of a diverse class of organelles called plastids that differentiate plants from other eukaryotes, and are the site of a number of essential biochemical pathways including photosynthesis. Nuclear-encoded pre-proteins, which account for ~95% of chloroplast proteins, are post-translationally imported into plastids across the double envelope membrane. In the model plant Arabidopsis thaliana, the majority of pre-proteins are imported via the Toc (translocon at outer envelope membrane of chloroplasts) and Tic (translocon at inner envelope membrane of chloroplasts) complexes, the key components of which have been identified. The Toc159 …

Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew C. Waxman

Faculty Scholarship

Lethal autonomous machines will inevitably enter the future battlefield – but they will do so incrementally, one small step at a time. The combination of inevitable and incremental development raises not only complex strategic and operational questions but also profound legal and ethical ones. The inevitability of these technologies comes from both supply-side and demand-side factors. Advances in sensor and computational technologies will supply “smarter” machines that can be programmed to kill or destroy, while the increasing tempo of military operations and political pressures to protect one’s own personnel and civilian persons and property will demand continuing research, development, and …

Disabling Attitudes: U.S. Disability Law And The Ada Amendments Act, Elizabeth F. Emens

Faculty Scholarship

This is a crucial juncture for U.S. disability law. In 2008, Congress passed the ADA Amendments Act (ADAAA), which aims to reverse the courts’ narrowing interpretations of the Americans with Disabilities Act of 1990. This legislative intervention provides an important lens through which to consider attitudes toward disability, both because the success of the ADAAA will depend on judicial attitudes, and because the changes rendered by the ADAAA shed light on pervasive societal attitudes. This Essay makes three main points. First, the ADAAA intervenes in the developing doctrine on disability discrimination in important ways; in so doing, however, the ADAAA …

Has The Obama Justice Department Reinvigorated Antitrust Enforcement?, Daniel A. Crane

Articles

The Justice Department’s recently filed antitrust case against Apple and several major book publishers over e-book pricing, which comes on the heels of the Justice Department’s successful challenge to the proposed merger of AT&T and T-Mobile, has contributed to the perception that the Obama Administration is reinvigorating antitrust enforcement from its recent stupor. As a candidate for President, then-Senator Obama criticized the Bush Administration as having the “weakest record of antitrust enforcement of any administration in the last half century” and vowed to step up enforcement. Early in the Obama Administration, Justice Department officials furthered this perception by withdrawing the …

Retirees Beware: Don't Worry About The British, 'Taxmageddon' Is Coming, Douglas A. Kahn, Lawrence W. Waggoner

Articles

"Taxmageddon" is coming. Unless Congress extends the current rates or reaches an agreement on tax reform, dividends will then be taxed as ordinary income at a marginal rate as high as 39.6 % and net capital gains will then be taxed at 20%. For high-income taxpayers, a 3.8% Medicare surtax will be added to the taxation of net capital gains, dividend income, interest, and other investment income, bringing the highest marginal rate to 43.4%.

A Snapshot Of Dental Adhesives, Gary L. Stafford

School of Dentistry Faculty Research and Publications

No abstract provided.

Enhancing Elementary School Prevention Program Implementation Through Influential Contextual Factors, Alice Schmidt Hanbidge

Theses and Dissertations (Comprehensive)

A current gap in the literature exists with regard to formulating a holistic view of contextual factors involved in school-based prevention programming implementation. The purpose of this grounded theory study is to further explore how multilevel ecological and cross-system factors influence prevention program implementation. This study builds on development of a theory to guide the practices for preventive program implementation with fidelity. The Integrated Program (IP) conceptual framework, initiated in an earlier paper (Schmidt Hanbidge, 2009) identified key program contextual and motivational factors that critically influence prevention program implementation. Taken from an ecological perspective, the IP framework incorporates multi-levels of …

On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt

Faculty Scholarship

In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth …

After The Great Recession: Regulating Financial Services For Low- And Middle-Income Communities, Ronald J. Mann

Faculty Scholarship

This paper, prepared as a speech at Washington and Lee Law School, discusses regulatory strategies for lending to LMI households after the Great Recession. It argues that the CFPB's emphasis on behavioral economics is likely to lead it astray, especially if it relies on assumptions drawn from experience with middle-class behavior to interfere with the choices made by LMI households that face a different set of opportunities than the middle-class households more familiar to regulators. More generally, the paper suggests that most of the financial distress faced by LMI households is a result of broader social and institutional problems, and …

Patient Characteristics And Trends In Nontraumatic Dental Condition Visits To Emergency Departments In The United States, Christopher Okunseri, Elaye Okunseri, Joshua M. Thorpe, Qun Xiang, Aniko Szabo

School of Dentistry Faculty Research and Publications

Objective: We examined trends and patient characteristics for non-traumatic dental condition (NTDC) visits to emergency departments (EDs), and compared them to other ED visit types, specifically non-dental ambulatory care sensitive conditions (non-dental ACSCs) and non-ambulatory care sensitive conditions (non-ACSCs) in the United States.

Methods: We analyzed data from the National Hospital Ambulatory Medical Care survey (NHAMCS) for 1997 to 2007. We performed descriptive statistics and used a multivariate multinomial logistic regression to examine the odds of one of the three visit types occurring at an ED. All analyses were adjusted for the survey design.

Results: NTDC visits accounted for 1.4% …

"Becker On Ewald On Foucault On Becker": American Neoliberalism And Michel Foucault's 1979 Birth Of Biopolitics Lectures, Gary S. Becker, Francois Ewald, Bernard E. Harcourt

Faculty Scholarship

In a series of lectures delivered in 1979 at the Collège de France under the title The Birth of Biopolitics, Michel Foucault conducted a close reading of Gary Becker’s writings on human capital and on crime and punishment, within the context of an elaboration and critique of American neoliberalism. Foucault was assisted at the time, at the Collège de France, by François Ewald. Since then, there has been ongoing debate over Foucault’s views about neoliberalism. In this historic meeting at the University of Chicago between Professors Becker and Ewald, Professor Ewald presents a framework to understand Foucault’s writings on Becker; …

Law, Economics, And The Burden(S) Of Proof, Eric L. Talley

Faculty Scholarship

This chapter presents an overview of the theoretical law and economics literature on the burden of proof within tort law. I begin by clarifying core legal definitions within this topic, demonstrating that the burden of proof actually refers to at least five doctrinal concepts that substantially overlap but are not completely interchangeable. I then provide a conceptual roadmap for analyzing the major extant contributions to this topic within theoretical law and economics, emphasizing three key dimensions that organize them: (a) where they fall in the positive-normative spectrum; (b) what type of underlying modeling framework they employ (ranging from decision theoretic …

The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine

Articles

Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …

Private Parties, Legislators, And The Government's Mantle: On Intervention And Article Iii Standing, Suzanne B. Goldberg

Faculty Scholarship

This essay takes up questions regarding whether initiative proponents and legislators can defend a law in federal court when the government declines to defend. Looking first at intervention under the Federal Rules of Civil Procedure, I argue that neither has the cognizable interest needed to enter an ongoing lawsuit as a party. Yet even if they are allowed to intervene, these would-be defenders of state or federal law cannot take on the government’s mantle to satisfy Article III because the government’s standing derives from the risk to its enforcement powers, which is an interest that cannot be delegated to others. …

Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan

Faculty Scholarship

Immigration and crime have received much popular and political attention in the past decade, and have been a focus of episodic social attention for much of the history of the U.S. Recent policy and legal discourse suggests that the stigmatic link between immigrants and crime has endured, even in the face of evidence to the contrary. This study addresses the relationship between immigration and crime in urban settings, focusing on areal units where immigrants tend to cluster spatially as well as socially. We ask whether immigration creates risks or benefits for neighborhoods in terms of lower crime rates. The question …

Search Neutrality As An Antitrust Principle, Daniel A. Crane

Articles

Given the Internet's designation as "the great equalizer,"' it is unsurprising that nondiscrimination has emerged as a central aspiration of web governance.2 But, of course, bias, discrimination, and neutrality are among the slipperiest of regulatory principles. One person's bias is another person's prioritization. Fresh on the heels of its initial success in advocating a net neutrality principle,' Google is in the uncomfortable position of trying to stave off a corollary principle of search neutrality.' Search neutrality has not yet coalesced into a generally understood principle, but at its heart is some idea that Internet search engines ought not to prefer …

Passive Gas-Liquid Separation Using Hydrophobic Porous Polymer Membranes: A Study On The Effect Of Operating Pressure On Membrane Area Requirement, Taylor Patrick Maxwell

UNF Graduate Theses and Dissertations

The use of hydrophobic porous polymer membranes to vent unwanted gas bubbles from liquid streams is becoming increasingly more common in portable applications such as direct methanol fuel cells (DMFCs) and micro-fluidic cooling of electronic circuits. In order for these portable systems to keep up with the ever increasing demand of the mobile user, it is essential that auxiliary components, like gas-liquid separators (GLS), continue to decrease in weight and size. While there has been significant progress made in the field of membrane-based gas-liquid separation, the ability to miniaturize such devices has not been thoroughly addressed in the available literature. …

Ecological Influences On Weight Status In Urban African-American Adolescent Females: A Structural Equation Analysis, Jevetta Stanford

UNF Graduate Theses and Dissertations

The present study employed a quantitative, non-experimental, multivariate correlational research design to test a hypothesized model examining associative paths of influence between ecological factors and weight status of urban, African-American adolescent females. Anthropometric and self-report survey data of 182 urban, African- American adolescent females were collected during after-school programs, health and physical education classes, and community events in an urban area in northeast Florida. Descriptive analyses were conducted to characterize the study participants based upon their age, study setting, and weight status. A scale reliability analysis was conducted to assess the internal consistency reliability of the sample data using selected …

Finding Feminism In American Political Discourse : A Discourse Analysis Of Post-Feminist Language, Jessica Margaret Burris

UNF Graduate Theses and Dissertations

The term “feminist” is a widely used label that is often embraced by women who do not advocate feminism. The wide use of the feminist label in contrast to the declining presence of feminist activism indicates a problem with the development of a third wave of feminism in the United States. In this study, I evaluated trends in feminism in the United States through an analysis of public political discourse. A semantic discourse analysis of political discourse from 1870 to 2011 evaluated a shift in the use of inclusive and exclusive pronoun usage by female political speakers. Speeches compiled for …

Population Structure And Nest Success Of Gopher Tortoises (Gopherus Polyphemus), And Vegetative Response To Prescribed Burning In Northeast Florida, Kristine Constance Amatuli

UNF Graduate Theses and Dissertations

A gopher tortoise population on the campus of University of North Florida is part of an ongoing study initiated during the early 1990s, and this project presents data on this population collected during the 2009-2011 field seasons. The project has three major objectives: 1) measure population demographics including density and structure to assess long-term viability and recruitment, 2) evaluate decadal growth rates of individuals by comparing measurements of tortoises captured and marked in the 1990-1994 study done at the same site with those tortoises recaptured during the current study, and 3) assess the effect of prescribed burning on vegetation. In …

Content Analysis Of Conflict Resolution Curricula, Mary Smith

UNF Graduate Theses and Dissertations

Violence in schools in various forms has become recognizable. Awareness of this situation has resulted with proliferation of curricula for conflict education. The purpose of this study was to analyze conflict resolution curricula designed for five to eight year olds. The study examined three issues formulated from the review of related literature: time and space, skill building, and developmentally appropriate practices. The findings included time and physical space requirements for conflict resolution curricula, the suggested skills needed to peacefully resolve conflicts, and an evaluation of the developmentally appropriate activities in the curricula for early childhood ages 5-8.

Can Implied Isolation And Novelty Be Responsible For The Effect Of 'Adaptive Memory'?, Kim Anastasia Trajbar

UNF Graduate Theses and Dissertations

Adaptive memory is "the idea that [our] memory systems might have evolved to help us remember fitness-relevant information—specifically, information relevant to survival" (Nairne, Thompson, & Pandeirada, 2007, p. 263). Nairne et al. found that processing words in terms of survival relevance yielded the best memory retention compared to other deep processing conditions. The purpose of the present research was to investigate whether factors including a feeling of isolation or novelty could explain the adaptive memory advantage observed in previous adaptive memory research. In two incidental learning experiments, participants rated word relevance in one of four conditions: grasslands survival, space mission, …

Body Image And Healthy Lifestyle Behavior Among University Students, Tracy L. Wright

UNF Graduate Theses and Dissertations

Children develop beliefs about ideal body image and carry these perceptions into adulthood. Consequences of poor body image may include decreased self-esteem, depression, unhealthy lifestyle, and eating disorders. Understanding healthy lifestyle behaviors and the relationship between body image and these behaviors can empower individuals to engage in behaviors to improve health. Pender’s health promotion model provided the theoretical framework for this study. The purpose of this study was to identify the relationship between body image and healthy lifestyle behaviors among undergraduate university students. An email was sent to undergraduate students, providing a link to the survey that included: demographic, body …

An Educational Intervention To Increase Fruit And Vegetable Consumption In Parents Of Obese And Overweight Children, Zenesha R. Barkley

UNF Graduate Theses and Dissertations

The incidence and prevalence of overweight and obese children in the United States is a serious health concern since the complications of childhood obesity can have serious and long-term effects: cardiovascular disease, sleep apnea, type 2 diabetes, neurological disease, and pulmonary disease. Parental modeling and nutritional education focusing on the obese/overweight child’s parents has been shown as an effective strategy for improving nutritional outcomes of the recommended servings of fruits and vegetables in children from five to ten years of age. Outcomes of this study and targeted nutritional modeling included increasing vegetable and fruit consumption of the parent by at …

Embodied Ethics : Transformation, Care, And Activism Through Artistic Engagement, Melissa Rachel Schwartz

UNF Graduate Theses and Dissertations

In what follows, I highlight negative environmental perspectives and actions based on traditional patterns of Western dualist thought with the ultimate aim of developing an alternative way of relating to the environment and the ‘other’, in general. In pursuit of such an alternative, I utilize embodied artistic practices in order to present the notion that one can engage more holistically with one’s environment, and the other. Through habitual, lifelong ‚Ways‛ cultivating specific practices generally necessary to creating and to viewing art, I argue, one can refine one’s ethical awareness and action. Following the aims of care ethics’ more context and …

A View From Within : Instructors' Perspectives Of Their Roles With Adult Learners In Need Of Remediation, Lance J. Baxter

UNF Graduate Theses and Dissertations

This qualitative research study focused on the perceptions of 12 faculty members teaching courses in adult basic education and described their professional experiences and interactions with adult learners within the context of a two-year, public, postsecondary institution. Participants, ranging in teaching experience from 13 years to 43 years, volunteered to take part in one-to-one, semi-structured interview sessions to offer insight into their professional experiences. The interview sessions yielded the complex, context-specific data for detailed analysis. Data analysis, supported through educational criticism and relevant concepts from the professional literature (Eisner, 1998), was used to develop four themes: how the faculty viewed …