Digital Commons Network^™

The Constitutionality Of Consumer Privacy Regulation, Felix T. Wu

Articles

The article argues for enhanced consumer privacy protections through improved notices and restrictions on data sharing, while addressing potential First Amendment concerns by emphasizing the commercial nature of the entities involved. It suggests that regulating commercial data practices differs from restricting individual free speech and should not face the same legal hurdles.

Legal Positivism And Russell's Paradox, David G. Carlson

Articles

In this Article, I argue that legal positivism is subject to the same paradox as was engendered by Frege's set theory-a paradox that has come to be known as Russell's Paradox. Basically, Frege tried to define what a set is. Russell showed that, because of self-reference, any attempt to define the word "set" led to formal condition. I argue that Russell's analysis can be applied to legal positivism, if "legal positivism" is defined to mean that a complete and closed rule of recognition for law is a logical possibility. I also argue that, to the extent legal positivism claims that …

Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie

Articles

No abstract provided.

Four Reforms For The Twenty-First Century, Barry C. Scheck

Articles

What follows are my top four suggestions for judicial action and advocacy that can result in urgently needed and readily achievable reforms. Ass the American Judicature Society and its members consider their agenda and mission for the coming years, each of these issues deserves their support.

Evolving: Using Science Fiction To Engage Students In Evolutionary Theory, Chad Rohrbacher

Publications

Evolutionary biology is not well-understood by a majority of the population. Many misperceptions and misconceptions exist as well as outright resistance to the theory. Various teaching and learning strategies have been tried in an attempt to involve students in exploring the theory, with mixed results. The use of science fiction to engage students in this area has been sparse, and virtually no quantitative assessment of learning with the method has been done. Using Origins, an anthology based on evolution, we created an interdisciplinary teacher’s resource manual that will be offered free to teachers. This paper examines some of the difficulties …

Academic And Social Barriers To Black And Latino Male Collegians' Success In Engineering And Related Stem Fields, Terrell Lamont Strayhorn, Leroy L. Long Iii, Joseph Allen Kitchen, Michael Steven Williams, Meg E. Stenz

Publications

Historically underrepresented racial/ethnic minorities (i.e. African Americans, Latinos, and Native Americans) have experienced barriers to their success in engineering and related STEM fields. These student populations have had lower degree attainment rates, switch to non-STEM majors more frequently, and experience unique social challenges when compared to White and Asian Pacific Islander counterparts. To examine these findings, nearly 50 interviews were conducted and analyzed in the present study to better understand the academic and social experiences of African American and Latino American men in these fields. Interviews revealed that these students tend to (1) feel alone and invisible, (2) lack same …

Evaluation Of Ethical Issues In The Knowledge Age: An Exploratory Study, Leila Halawi, Richard V. Mccarthy

Publications

Unethical information technology (IT) conduct is estimated to cost billions of dollars in deficits for enterprises. Included in this unethical behavior are issues associated with the knowledge age. Many IT ethics concerns do not have guidelines that are well recognized or broadly accepted. This study will explore the ethical perception of a diverse group of knowledge workers. It will also examine the effects of deterrents, individual factors and external variables to determine if there are noted differences in ethical perceptions that can be explained by these variables.

Students' Perceptions Of Student Evaluation Of Teaching (Set) Process, Ale J. Hejase, Rana S. Al Kaakour, Leila A. Halawi, Hussin J. Hejase

Publications

Researchers have mixed views about Student Evaluation of Teaching (SET) as means to evaluate teaching where some agreed and others viewed SET as being biased. This study aims to measure students’ perceptions of the effectiveness and appropriateness of the evaluation process in Lebanon. A survey questionnaire was administered to students from five Lebanese universities. Findings revealed that students were positive and perceived the evaluation process as effective and appropriate to evaluate teaching. Students identified students’ perceptions, instructors’ behavior, and course characteristics as variables that may impact the process. Results and implications were discussed for future research.

Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer

Faculty Publications

No abstract provided.

Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer

Faculty Publications

Family law scholars have devoted much attention to equality among groups of adults and some attention to equality between groups of children. There has been little exploration, however, of the notion of equality between adults and children. In this Article, I first explain what it means at a basic, theoretical level to speak of such equality. I then identify some practical implications. Finally, I consider why there is great resistance to many practical implications of children's equality, even among those who would consider themselves advocates for child welfare.

Race, Class, Gender, And Linked Fate: A Cross-Sectional Analysis Of African American Political Partisanship, 1996 And 2004, Sherral Yolanda Brown-Guinyard

Theses and Dissertations

OBJECTIVE: To determine the predominance of linked fate and socio-demographic predictors race, class, and gender in the political partisanship of African Americans, and in the political partisanship of comparison racial and ethnic group populations.

METHODS: Data obtained from the 1996 National Black Election Study panel series were used to examine the political attitudes, perceptions, and beliefs of 824 adult African Americans. In addition, data collected for the 2004 National Politics Study examined 3,087 American adults from comparison racial and ethnic population groups. These groups included 706 African Americans, 868 White Non-Hispanics, 676 Hispanics, 466 Asians, and 371 Black Caribbeans. Multinomial …

Altar And Stage: Liturgical Drama In Three Theatrical Traditions, Patrick Kenneth Boos

Theses and Dissertations

This paper compares the historical, religious and political situations surrounding the origins of three important dramaturgical texts: Regularis Concordia in tenth-century England, The Natyasastra in seventh-century India, and Zeami's Fushikaden of fifteenth-century Muromaki Japan. It attempts to explore and identify the ways that their corresponding theatres have their roots in liturgical practice, and how those liturgical practices are intricately tied up in the historical and political situations in which they came to be. The fundamental qualities of theatre which I explore are five key areas in which the three traditions, surprisingly, converge as often as they diverge: in their emphasis …

Black Feminine Identity: An Examination Of Historical And Contemporary Dramatic Texts Through A Critical Race Theory Framework, Devair Jeffries

Theses and Dissertations

Race, class and gender exist as categorizations to distinguish and preserve privilege and identity in the United States of America. These societal constructs of race, class and gender often place African-Americans in comparison or in contrast to White cultural identities. Furthermore, these characteristics differentiate African-Americans as an 'Other;' a categorical group in conflict with dominant White societal values and norms. African-American female playwrights Lorraine Hansberry and Lydia Diamond address established attitudes about race, class, and gender in their plays, A Raisin in the Sun (1959) and Stick Fly (2006) respectively. Their works present strong Black female characters that contend with …

L'Oeuvre Littéraire Et Plastique D'Eugène Fromentin : Parallèle Et Complémentarité, Arnaud Bergerol

Master's Theses

Eugène Fromentin was an accomplished man of art. A cultured writer, painter,and critic, he dedicated his life to conveying through the use of the pen and the brush his passion for travelling in faraway countries. His literary works include two travel books(Un été dans le Sahara and Une année dans le Sahel), a psychological and autobiographic novel (Dominique), and a critical analysis of the 16th century Flemish school of painting (Les Maîtres d'autrefois). As a painter, he was best known for his orientalist artwork and the visual translation of his travel experiences in Algeria …

An Examination Of The Representation Of Irish Catholic Priests In Contemporary Irish Theatre, James Patrick Jeans

Master's Theses

Modern Irish theatre can trace its origins to the creation of The Irish Literary Theatre by W.B. Yeats and Lady Gregory in 1899, which later became the Irish National Theatre Society, and eventually, the Abbey Theatre. For more than 100 years, Irish theatre has served as a mirror for reflecting Irish identity and as an oracle of future possibilities. A decade into the Twenty First Century found Irish identity challenged by a child abuse scandal of tragic proportions whereby over 30,000 children suffered at the hands of a duplicitous and negligent Catholic Church. The purpose of this thesis is to …

Having It Both Ways: How Charter Schools Try To Obtain Funding Of Public Schools And The Autonomy Of Private Schools, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole

Emory Law Journal

Since 1992, forty-two states and the District of Columbia have enacted legislation for charter schools. As of December 2011, there were 5,700 charter schools educating 1.9 million students. Charter schools are characterized as public schools that receive autonomy from a variety of rules and regulations that traditional public schools must follow. In exchange for this increased autonomy, charter schools are accountable to the requirements that are established in the charter. Failure to satisfy those requirements could result in the closing of the school.

Entertaining, Informing, Persuading: Figures Of Speech To Prepare For Health And Safety, David H. Lee, Frederick Steier, Wit Ostrenko

Publications and Research

The public mandates science center exhibits that are entertaining as well as informative. In addition, exhibits can also be performative, in that they act back upon the visitors with an injunction to change their ways. We give examples from two exhibits that not only inform, but also open up space for changes in behavior and perception, particularly in arenas of public health. We look at two recent and ongoing exhibits at MOSI – “Disasterville” and “The Amazing You” - and examine the affordances suggested by figures of speech such as eponymy, hyponymy, hypernymy and retronymy. Tropological research into museum exhibits …

A History Of Peer-Led Team Learning, 1990-2012, A.E. Dreyfuss

Publications and Research

From Workshop Chemistry in 1991 at the City College of New York, CUNY, to implementation in other disciplines and development of Peer-Led Team Learning and its Six Critical Components, this paper reviews the contributions of faculty at a variety of higher education institutions to the dissemination and growth of PLTL as a successful model of student engagement with the position of the student Peer Leader.

Marriage Equality, Gender Equality, And The Women's Convention, Barbara Stark

Hofstra Law Faculty Scholarship

"Marriage equality" remains an elusive goal in this country. About ten years ago I wrote an article suggesting that private ordering would be a good alternative to the rather haphazard and arbitrary state law governing marriage. Instead, I urged couples to draft their own "marriage proposals." As an example, I attached a "Gender Equity Marriage Proposal." The idea was that "gender equity" might be of some interest to some couples, just as others might be more concerned with a child-centered (or wealth- or environment-centered) model.

I meant well. But my premise was deeply flawed for at least two reasons. First, …

Hedonic Trademarks, Irina D. Manta

Hofstra Law Faculty Scholarship

A number of scholars have recently critiqued the traditional search-costs model of trademark infringement doctrine and have proposed alternatives driven by consumer decision-making theories and contractarian understandings of trademarks. While I agree that the search-costs model is problematic in parts, some of the other suggested frameworks suffer from difficulties of their own. For one, these alternative approaches draw up a dichotomy between “pure” experiences of trademarked goods as opposed to “altered” experiences, with the latter representing the mindsets of consumers after trademark owners have influenced them via advertising and other devices in an effort to build up goodwill. This Article …

Policing, Protestors, And Discretion, Alafair Burke

Hofstra Law Faculty Scholarship

An essay is presented on protestors' policing and police discretion in enforcing criminal law against protestors. It offers a history of Occupy Wall Street or Occupy protests, which reflects upon the unlawful actions of the New York Police Department (NYPD). It also sheds light on the impact of discretion in the policing of protests, with special focus on both overenforcement and underenforcement of criminal law.

“One Day On The Red Hills Of Georgia”: The Effects Of Immigration Status On Latino Migrants’ Experience Of Discrimination, Utilization Of Public Services, And Attitudes Toward Acculturation, Mikhail Lyubansky, Paul A. Harris, William E. Baker, Cameron D. Lippard

Faculty Articles

This study documents the experiences and identities of undocumented Spanish-speaking migrants in Georgia vis-à-vis their counterparts who have legal status. Structured interviews were used to collect data from 127 adults (49 percent undocumented at their time of arrival and 38 percent undocumented at the time of data collection) regarding their experience of discrimination, utilization of services, identity preferences, mental health, and beliefs in five domains: vulnerability, injustice, distrust, superiority, and helplessness. Significant immigration status differences emerged for education, income, utilization of some city services, and a few of the belief scales. However, the documented and undocumented samples were more similar …

Fact Sheet, Yale University Office Of Institutional Research

Fact Sheets

No abstract provided.

Who’S Smiling Now?: Disparities In American Dental Health, Janet L. Dolgin

Hofstra Law Faculty Scholarship

"I am very angry that my son had to lose his life just because we didn't have insurance. . . . My son had to die--12 years old-- because of a tooth." "Dental practitioners credit wealthy baby boomers, reality television makeover shows and new dental technology for the surge in demand." [ABSTRACT FROM AUTHOR]

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Akron Law Faculty Publications

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …

Supreme Court Update: 2012-2013 Term (Civil Cases In Constitutional Law), Wilson Huhn

Akron Law Faculty Publications

During 2012-2013 the Supreme Court handed down several significant constitutional law, including United States v. Windsor (striking down Section 3 of the federal Defense of Marriage Act) and Shelby County v. Holder (striking down Section 4 of the Voting Rights Act). These and other decisions are summarized in this presentation.

Jury Nullification And The Rule Of Law, Brenner M. Fissell

Hofstra Law Faculty Scholarship

Despite an intractable judiciary, there is widespread consensus within the legal academy that jury nullification is compatible with the Rule of Law. This proposition is most strongly tested by “substantive nullifications,” where a jury nullifies simply because it disagrees with the law itself. While some substantive nullifications can comport with the Rule of Law, most commentators’ wholesale acceptance of the practice is not justified. They have erred by ignoring the non-substantive, procedural nature of the Rule of Law in favor of one determined by substantive “justice,” and also by taking a naively undifferentiated view of a “community’s” morality (even though …