Digital Commons Network^™

Toward A Nexus Of Virtue, Ronald J. Colombo

Hofstra Law Faculty Scholarship

Corporate law, like all law, should be directed toward the common good. The common good requires that corporate activity be restrained, if not actively directed, by human virtue. An analysis of the corporate enterprise suggests that those corporate actors with the greatest stake in the exercise of virtue, and best positioned to influence corporate activity via the exercise of virtuous judgment, are the corporation's officers. Thus, one of the primary objectives of corporate law should be to promote virtue among corporate officers.

Contrary to what some might assume, the promotion of virtue among corporate officers need not entail a promulgation …

The Meaning Of Mcintyre, Adam N. Steinman

Faculty Scholarship

When certiorari was granted in J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), many hoped that the Supreme Court would provide much-needed clarification to the area of personal jurisdiction. It didn’t. The Court failed to generate a majority opinion, splitting into Justice Kennedy’s four-Justice plurality, Justice Breyer’s two-Justice concurrence, and Justice Ginsburg’s three-Justice dissent.

This essay – for the Southwestern Journal of International Law’s 2012 symposium “Our Courts and the World: Transnational Litigation and Procedure” – examines how state and federal courts have been using the McIntyre decision. Some lower court opinions have mistakenly interpreted McIntyre as …

Magic Words And The Erie Doctrine, Adam N. Steinman

Faculty Scholarship

No abstract provided.

Chief Justice Roberts Is Correct: Justices Are Different From Other Judges, James J. Sample

Hofstra Law Faculty Scholarship

No abstract provided.

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 …

The Use Of Unethical And Unconstitutional Practices And Policies By Prosecutors' Offices, Monroe H. Freedman

Hofstra Law Faculty Scholarship

This article deals with three kinds of unethical and unconstitutional practices and policies of prosecutors’ offices: (1) Cases in which a prosecutor, in the heat of a trial, unintentionally acts unethically or unconstitutionally, and the prosecutor’s office then makes that conduct official policy by adopting and seeking to justify the conduct on appeal; (2) Cases in which a “rogue” prosecutor purposefully engages in unethical and/or unconstitutional tactics, like concealing Brady material, and the prosecutor’s office seeks to justify the conduct on appeal; (3) Cases in which a chief prosecutor adopts unethical and/or unconstitutional practices as office policy. In addition, a …

Adopting Law Firm Management Systems To Survive And Thrive: A Study Of The Australian Approach To Management-Based Regulation, Susan S. Fortney, Tahlia Gordon

Hofstra Law Faculty Scholarship

In Australia, amendments to the Legal Profession Act require that incorporated legal practices (ILPs) take steps to assure compliance with provisions of the Legal Profession Act 2004. Specifically, the legislation provides that the ILP must appoint a legal practitioner director to be generally responsible for the management of the ILP. The ILP must also implement and maintain “appropriate management systems" to enable the provision of legal services in accordance with the professional obligations of legal practitioners. Because the new law did not define “appropriate management systems” (AMS) the Office of Legal Services Commissioner for New South Wales worked with representatives …

Bridging The Gap: How Introducing Ethical Skills Exercises Will Enrich Learning In First Year Courses, Miriam R. Albert, Jennifer A. Gundlach

Hofstra Law Faculty Scholarship

Law schools have begun to raise the bar beyond the baseline mandates and aspirational goals of MacCrate and Carnegie, and are looking seriously at how to implement the suggested methods of Best Practices and/or other innovative models. Facing increasing pressure to prepare law students to be ethical, competent practitioners, law schools must rise to the challenge of introducing a broad range of practical skills and ethical values across the curriculum and throughout the students' three years of law school. It is no longer reasonable that a single required course in professional responsibility will somehow suffice to instill the long-lasting and …

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 …

Reasonable Copyright, Irina D. Manta

Hofstra Law Faculty Scholarship

Using the lens of the cognitive bias literature, this Article examines and critiques the "reasonable man" standard, focusing on the use of the standard in an extremely fuzzy area of the law: copyright. In copyright, the test for infringement is whether a "reasonable observer" would believe that two works-often involving media that do not lend themselves to precise measurement-are substantially similar. I begin by casting doubt on the usefulness of the reasonable man standard in such a setting. Are judges and juries truly able to determine what an abstract reasonable actor would find substantially similar? What types of cognitive biases …

Sexual Reorientation, Elizabeth M. Glazer

Hofstra Law Faculty Scholarship

There has been a recent shift in the political and legal treatment of bisexuals. Since Ruth Colker, Naomi Mezey, and Kenji Yoshino began writing about the phenomenon of bisexual erasure and the resulting invisibility of the bisexual from sexual-orientation law and the LGBT rights movement, something strange has happened. Bisexuality is suddenly hypervisible. And not just on Glee or in The Girl with the Dragon Tattoo. Or even in the 2010 national sex survey reporting that of the seven percent of the population identifying as non-heterosexual, forty percent of the men and a large majority of the women identified as …

The Community Prosecutor: Questions Of Professional Discretion, Bruce A. Green, Alafair Burke

Hofstra Law Faculty Scholarship

This Article examines community prosecuting from an ethics perspective. Our focus is not on prosecutors’ compliance with the disciplinary rules, however. The strategies that have been said to exemplify community prosecuting are almost invariably compliant with disciplinary rules and other aspects of the law governing prosecutors. Rather, we take a broader perspective. Our focus is on how prosecutors exercise discretion in the context of adopting community prosecution strategies. We examine this question from both normative and procedural perspectives. We propose that the addition of community-based defense lawyers could help mitigate concerns about prosecutorial discretion in community justice programs by broadening …

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

Hofstra Law Faculty Scholarship

This article takes a comprehensive look at recent case law under the PDA, while offering a critical commentary on the gender ideology that lies behind these decisions and charting the stakes for women in a reinvigorated Act. The survey of PDA decisions is an important undertaking in its own right, since it is not widely appreciated just how much courts have narrowed the PDA's protections. The PDA cases are an increasingly sorry lot, including cases like the recent Fourth Circuit ruling in Young v. UPS, in which the court held that a pregnant woman could lawfully be denied a …

Facebook And Its Users: Using Grounded Theory To Understand Perceived Interactivity As A Constraint In The Rhetorical Situation, Katie Lee Retzinger Pruitt

English Theses & Dissertations

The general term interactivity has been used in a variety of disciplines to describe phenomena that occur in website interfaces; however, definitions and explanations about what constitutes interactivity and how it functions do not consider the specific ways in which interactivity can function and be perceived by users in specific rhetorical situations. In this study, I address the problems with the literature about general interactivity in writing studies and in other disciplines such as computer science, advertising, marketing, and communication studies by distinguishing between two types of interactivity—functional and perceived. I situate the different types of interactivity rhetorically, which can …

Cute Prickly Critter With Presbyopia, Don Herzog

Reviews

Ronald Dworkin's' latest, long-awaited, and most ambitious book is a puzzle. Truth in advertising first: despite the title, this isn't centrally a book about justice. It's a book about the realm of value-all of that realm. Dworkin is most interested here in morality, but really touches on all of it, as a matter of the application of the abstract argument and sometimes in black and white right on the page, from aesthetics to prudence to morality to politics to law to . . . . It's fun to read, also frustrating. It stretches out lazily in handling some issues but …

The Impact Of Teacher Licensure Programs On Minority Student Achievement, Rose S. Duke

Educational Leadership & Workforce Development Theses & Dissertations

This research examined the impact of teacher licensure routes, particularly those identified as either traditional or alternative on student achievement by comparing Virginia Standards of Learning (SOL) end of year scores in math and reading for minority students in grades six through eight during the period from 2005 through 2009. To compare the achievement of students taught by either traditionally or alternatively prepared teachers, the Standards of Learning (SOL) scores were calculated for students and then aggregated for types of teacher preparation. The mean values were compared for statistically significant differences as a function of subject, teacher ethnicity, teacher gender, …

Transition From High School To Associate Degree Nursing Education: A Qualitative Study, Kathy Jessee Mitchell

Educational Leadership & Workforce Development Theses & Dissertations

Nursing is facing a critical shortage and retention of nursing students is of paramount importance. Much research has been completed related to retention in nursing education and student success, but there is very little in current literature related to issues associated with the transition from high school to associate degree nursing (ADN) education. The purpose of this study was to explore this phenomenon through qualitative research involving ADN students who entered the nursing programs immediately after graduation from high school. This qualitative study involved students from a rural associate degree program. The intent was to provide a better understanding of …

L3cs: An Innovative Choice For Urban Entrepreneurs And Urban Revitalization, Dana Thompson

Articles

Social enterprises offer fresh ways of addressing seemingly intractable social problems, such as high levels of unemployment and poverty in economically distressed urban areas in the United States. Indeed, although social enterprises have deep and longstanding roots, the recent iteration of the social enterprise movement is gaining momentum in the United States and globally. Though there is not a singularly accepted legal definition of social enterprises, they are popularly known as businesses that use forprofit business practices, principles, and discipline to accomplish socially beneficial goals. Social entrepreneurs, those who operate social enterprises, eschew a traditional notion of charity, which primarily …

A Very Robust Algan/Gan Hemt Technology To High Forward Gate Bias And Current, Bradley D. Christiansen, Eric R. Heller, Ronald A. Coutu Jr., Ramakrishna Vetury, Jeffrey B. Shealy

Electrical and Computer Engineering Faculty Research and Publications

Reports to date of GaN HEMTs subjected to forward gate bias stress include varied extents of degradation. We report an extremely robust GaN HEMT technology that survived—contrary to conventional wisdom—high forward gate bias (+6 V) and current (>1.8 A/mm) for >17.5 hours exhibiting only a slight change in gate diode characteristic, little decrease in maximum drain current, with only a 0.1 V positive threshold voltage shift, and, remarkably, a persisting breakdown voltage exceeding 200 V.

A Mems Photoacoustic Detector Of Terahertz Radiation For Chemical Sensing, Nathan Glauvitz, S. Blazevic, Ronald A. Coutu Jr., Michael Kistler, Ivan R. Medvedev, Douglas T. Petkie

Electrical and Computer Engineering Faculty Research and Publications

A piezoelectric Microelectromechanical system (MEMS) cantilever pressure sensor was designed, modeled, fabricated, and tested for sensing the photoacoustic response of gases to terahertz (THz) radiation. The sensing layers were comprised of three thin films; a lead zirconate titanate (PZT) piezoelectric layer sandwiched between two metal contact layers. The sensor materials were deposited on the silicon device layer of a silicon-on-insulator (SOI) wafer, which formed the physical structure of the cantilever. To release the cantilever, a hole was etched through the backside of the wafer and the buried oxide was removed with hydrofluoric acid. Devices were then tested in a custom …

Racial Inclusion, Exclusion And Segregation In Constitutional Law, Michelle Adams

Articles

In Part I of the Article, I examine early cases in which the Court described segregation as a form of resource "lock-up." In several cases leading up to Brown, the Court detailed how racial segregation allows a more dominant group to hoard substantial societal resources. In these early cases, the Court's focus was on segregation as a mechanism for excluding individuals from valuable benefits on the basis of race; it did not speak explicitly to the harms associated with racial classification schemes. In this Part of the Article, I also return to Brown v. Board of Education and explore the …

Agricultural Revolutions And Agency Wars: How The 1950s Laid The Groundwork For "Silent Spring", Roger E. Meiners, Andrew P. Morriss

Faculty Scholarship

This chapter from the book Silent Spring at 50 analyzes the 1950s struggle over US food policy between USDA and FDA and how that struggle set the stage for the impact of Rachel Carson’s Silent Spring. Using a public choice/interest group analysis, the chapter examines how the two agencies reacted to the large scale transformation of US agriculture and food production during and following World War II. Just as agriculture underwent a dramatic productivity revolution that changed the face of American farming, marketing, new home appliances, and increased participation in the labor force by women radically changed the kinds of …

Support Of Non-Biological Children In Jewish Law, J. David Bleich

Articles

Adoption as a legal institution is unknown in Jewish law. Suppression of parental identity, as generally occurs in closed adoption, is banned “lest the earth become filled with licentiousness” (Leviticus 19:29). Rabbinic tradition interprets that verse as expressing concern regarding the possibility of a future incestuous marriage. Nevertheless, raising an orphan in one’s home is regarded as highly meritorious. However, binding obligations of support and maintenance can be undertaken only by means of contract. Such a contract in favor of a stepchild may be verbal if entered into at the time of marriage. Otherwise, a formal kinyan, i.e., one of …

Tribal Rituals Of The Mdl: A Comment On Williams, Lee, And Borden, Repeat Players In Multidistrict Litigation, Myriam E. Gilles

Articles

No abstract provided.

Pseudomonas Necrotizing Fasciitis In An Otherwise Healthy Infant, Shakeel Ahmed, Syed Rehan Ali, Zahra Aziz Samani

Department of Paediatrics and Child Health

Necrotizing fasciitis is an uncommon rapidly progressing infection of soft tissue characterized by a severe inflammation of the fascia and soft tissue. The disease is associated with necrosis and subcutaneous gangrene of the inflamed tissue with systemic toxicity that carries a significant mortality unless timely diagnosed and aggressively treated. Monomicrobial necrotizing fasciitis caused by Pseudomonas aeruginosa is an exceptionally uncommon condition with only few cases reported in the literature so far. We are reporting a six-month-old female infant who was previously healthy and who presented with necrotizing fasciitis and isolates Pseudomonas aeruginosa both from the blood and tissue. The child …

Multiplication Theory For Dynamically Biased Avalanche Photodiodes: New Limits For Gain Bandwidth Product, Majeed M. Hayat, David A. Ramirez

Electrical and Computer Engineering Faculty Research and Publications

Novel theory is developed for the avalanche multiplication process in avalanche photodiodes (APDs) under time-varying reverse-biasing conditions. Integral equations are derived characterizing the statistics of the multiplication factor and the impulse-response function of APDs, as well as their breakdown probability, all under the assumption that the electric field driving the avalanche process is time varying and spatially nonuniform. Numerical calculations generated by the model predict that by using a bit-synchronous sinusoidal biasing scheme to operate the APD in an optical receiver, the pulse-integrated gain-bandwidth product can be improved by a factor of 5 compared to the same APD operating under …

New York Tax Warrants: In The Strange World Of Deemed Judgments, David G. Carlson

Articles

No abstract provided.

Cars In Chapter 13: Does Negative Equity Destroy The Jurisdiction Of The Hanging Paragraph, David G. Carlson

Articles

Roughly speaking, the “hanging paragraph” to Bankruptcy Code 1325(a), enacted in 2005, requires that a debtor pay the full debt on any automobile acquired within 910 days before bankruptcy – a boon for car financiers. Prior to 2005 the debtor had to pay only the appraised value of the car – usually a lesser amount. But the privilege bestowed on car financiers by the hanging paragraph depends on the financier providing “purchase money” credit. About one-third of the time, however, the financier advances funds to repay a prior car loan as part of the “trade-in” of an old vehicle for …

Simultaneous Detection Of Six Diarrhea-Causing Bacterial Pathogens With An In-House Pcr-Luminex Assay, Jie Liu, Jean Gratz, Athanasia Maro, Happy Kumburu, Gibson Kibiki, Mami Taniuchi, Arif Mahmud Howlader, Shihab U. Sobuz, Rashidul Haque, Kaisar A. Talukder, Shahida Qureshi, Anita K. M. Zaidi, Doris M. Haverstick, Eric R. Houpta

Department of Paediatrics and Child Health

Diarrhea can be caused by a range of pathogens, including several bacteria. Conventional diagnostic methods, such as culture, biochemical tests, and enzyme-linked immunosorbent assay (ELISA), are laborious. We developed a 7-plex PCR-Luminex assay to simultaneously screen for several of the major diarrhea-causing bacteria directly in fecal specimens, including pathogenic Aeromonas, Campylobacter jejuni, Campylobacter coli, Salmonella, Shigella, enteroinvasive Escherichia coli (EIEC), Vibrio, and Yersinia. We included an extrinsic control to verify extraction and amplification. The assay was first validated with reference strains or isolates and exhibited a limit of detection of 10(3) to 10(5) CFU/g of stool for each pathogen as …

Dealing With Doma: Federal Non-Recognition Complicates State Income Taxation Of Same-Sex Relationships, Carlton M. Smith, Edward D. Stein

Articles

Various states now recognize relationships between people of the same-sex, but due to the Defense of Marriage Act, the federal government does not. In the context of income taxes, this combination of state recognition and federal non-recognition of same-sex relationships produces a significant problem for many same-sex couples and some state taxing authorities. Most states have income tax and, typically, state income tax laws “piggyback” on federal income tax laws. Depending on the state, same-sex couples in legally-recognized relationships must file their state income tax returns as married (either “filing jointly” or “filing separately”), as domestic partners, or as parties …