Digital Commons Network^™

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

Hofstra Law Faculty Scholarship

No abstract provided.

A National Veterans Strategy: The Economic, Social And Security Imperative, Nicholas Armstrong, J. Michael Haynie

Institute for Veterans and Military Families

This publication details the foundational logic supporting a call to action, related to a broad-based effort to articulate and institutionalize a National Veterans Strategy.

Snapshot Of The Ivmf: Annual Report 2013, Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This report overviews the accomplishments of the IVMF during 2012-2013.

A Horse Is Not Always A Horse, Of Course, Irina D. Manta

Hofstra Law Faculty Scholarship

This brief solicited response addresses Prof. Jacqueline Lipton's article "Law of the Intermediated Information Exchange," which appeared in 64 Florida Law Review 1337 (2012). Prof. Lipton's ambitious project is to provide a unifying theory of cyberlaw, at the heart of which lies her proposal to reframe the field as a law of the global intermediated information exchange. I mainly discuss three critiques of her work. First, I raise the question of whether a significant focus on intermediaries will not inherently engender a mentality of attempting choking at the simplest choke point, whether other interests are at stake or not. Second, …

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.

Trust Protector Powers: Tax Implications Of The Fiduciary-Duty Issue, Mitchell M. Gans

Hofstra Law Faculty Scholarship

Much has been written recently about the use of trust protectors. Broadly defined, a trust protector is a person appointed by the settlor to direct the actions of the trustee with respect to specified functions. For example, a settlor might provide in the trust instrument that the trustee must follow the directions of a trust protector regarding investments. The treatment of trust protectors and trustees who follow directions provided by the trust protector is the subject of statutes in some states and may be addressed in case law in other states. The Uniform Trust Code deals with what it calls …

Using The Press Clause To Amplify Civic Discourse Beyond Mere Opinion Sharing, Akilah N. Folami

Hofstra Law Faculty Scholarship

The First Amendment unambiguously proclaims that “Congress shall make no law...abridging the freedom of speech, or of the press.” The First Amendment’s Speech Clause primarily bears the deliberative weight of protecting and maintaining the discursive space of America’s self-governing democracy. It has done so by indiscriminately protecting a broad array of expression from government intrusion. As a result, the Speech Clause has democratically legitimized such expression in America’s civic discourse. This legitimization is essential to a more deliberative democracy. The Speech Clause’s legitimizing function, however, has not helped to advance another essential element for a well-functioning deliberative democracy, namely, democratic …

Sunbeam Offers A Ray Of Sunshine For The Licensee When A Licensor Rejects A Trademark License Agreement In Bankruptcy, Alan N. Resnick

Hofstra Law Faculty Scholarship

In 1985, industries that relied heavily on intellectual property licenses were dealt a severe blow when the Court of Appeals for the Fourth Circuit held that a licensee of patent rights could be deprived of the continued use of patent technology by reason of the licensor rejecting the license in bankruptcy. In Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., the appellate court characterized a nonexclusive patent license as an executory contract within the meaning of the Bankruptcy Code and approved rejection of the license by the licensor because it was advantageous to the licensor's Chapter 11 reorganization effort. …

Research Strategies And Organization, Courtney L. Selby

Hofstra Law Faculty Scholarship

Each research project is by nature unique, and thus it requires that a distinctive strategy be applied. This chapter explores the ways in which a savvy researcher can take the essential elements of a fresh search, examine answers to some critical questions related to the issue(s) at hand, develop a strategy for approaching the research process that fits the unique problem, and implement that strategy in a cost- effective and efficient way. It culminates in recommendations for organizing the information gathered so that you may convey your findings in a clear, thoughtful, and useful manner. The chapter concludes with tips …

Enforcement Of Icsid Awards In The People's Republic Of China, Julian G. Ku

Hofstra Law Faculty Scholarship

The People’s Republic of China is one of the most enthusiastic signatories of bilateral investment treaties that grant mandatory jurisdiction to the ICSID investment arbitration system. This essay considers the PRC’s domestic laws affecting the fulfillment of its ICSID Convention obligations to recognize and enforce ICSID awards. It notes that the PRC has failed to enact any specific legislation to comply with the ICSID Convention’s recognition and enforcement obligations, making its compliance with these obligations uncertain. It concludes that the only way that the PRC could claim to have fulfilled its treaty obligations is to declare that the ICSID Convention …

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, …

Prosecution (Is) Complex, Alafair Burke

Hofstra Law Faculty Scholarship

Post-conviction DNA testing has led to the exoneration of nearly three hundred defendants. As the number of exonerations grows, we are in an era where the once unthinkable is now undeniable. We convict the innocent. We imprison the innocent. We place the innocent on death row. Daniel Medwed brings this reality to life in his captivating book, Prosecution Complex, which carefully documents the myriad ways that prosecutors can contribute to wrongful convictions at every stage of a criminal case. From the charging decision to plea bargaining to trial to post-conviction, Medwed argues, prosecutors face an “ongoing schizophrenia” as they seek …

Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman

Hofstra Law Faculty Scholarship

Thirty-five years ago, Congress passed the Pregnancy Discrimination Act to overturn a Supreme Court decision refusing to recognize pregnancy discrimination as a form of discrimination based on sex. Now, three and a half decades later, women whose work lives are impacted by pregnancy are again finding themselves unprotected from discrimination. Lower court rulings have eviscerated the Act’s protections at the same time that an expansion of worker rights under the Americans with Disabilities Act should redound to the benefit of pregnant women by expanding the pool of comparators who receive accommodations. By following trends in discrimination law generally - equating …

Forecasting Natural Gas Demand For Electric Power Generation, Ronald H. Brown, George Corliss, Richard J. Povinelli

Electrical and Computer Engineering Faculty Research and Publications

No abstract provided.

Brief Of Amici Curiae Professors Nan D. Hunter, Et Al., Addressing The Merits In Support Of Respondents, Nan D. Hunter, Suzanne B. Goldberg

Faculty Scholarship

In this amicus brief filed in United States v. Windsor, pending before the Supreme Court, amici constitutional law professors argue that all classifications that carry the indicia of invidiousness should trigger a more searching inquiry than the traditional rational basis test under the Equal Protection Clause would suggest. Classifications that already receive heightened scrutiny, such as race or sex, fit easily into this approach. But the Court’s equal protection jurisprudence has become muddied in a series of cases in which it says rational basis review, but appears to do a more rigorous review. Sexual orientation classifications seemingly were analyzed …

Income And Substitution Effects Of Estate Taxation, James R. Hines Jr.

Articles

This paper evaluates the effect of estate taxes on labor supply. The analysis decomposes the effect of estate taxation into the substitution effect of relative price changes and the two income effects for which the estate tax is responsible. These two income effects arise from tax burdens on those who leave estates plus tax burdens on those who receive them. Despite the double income burden of the estate tax, existing empirical evidence suggests that the net effect of estate taxation on aggregate labor supply is uncertain.

What Was Wrong With The Record?, Ellen D. Katz

Articles

Shelby County v. Holder offers three reasons for why the record Congress amassed to support the 2006 reauthorization of the Voting Rights Act (VRA) was legally insufficient to justify the statute's continued regional application: (1) the problems Congress documented in 2006 were not as severe as those that prompted it to craft the regime in 1965; (2) these problems did not lead Congress to alter the statute's pre-existing coverage formula; and (3) these problems did not exclusively involve voter registration and the casting of ballots.

Breaking The Mold And Picking Up The Pieces: Rights Of Parenthood And Parentage In Nontraditional Families, J. Herbie Difonzo, Ruth C. Stern

Hofstra Law Faculty Scholarship

The past few decades have shown us myriad ways to form a family. Married couples and their biological offspring no longer define the dominant model, nor do they constitute the majority of domestic arrangements. But while contemporary culture tends to applaud social diversity, we cannot be certain that novel, highly individualized family formation is always consonant with child well-being. Further, courts and legislatures have been slow to acknowledge and accommodate domestic diversity. When judges and lawmakers do confer parental rights on a particular class of individuals, the results are not always equitable or even logical. The era of the traditional …

The Dual Standard Of Review In Contracts Clause Jurisprudence, Brenner M. Fissell

Hofstra Law Faculty Scholarship

The article discusses American constitutional law, the U.S. Supreme Court's ruling in the 1977 case United States Trust Co. of New York v. New Jersey, and a reported dual standard of review in regards to Contracts Clause jurisprudence under the the nation's Constitution as of April 2013. Legislative repudiations of private agreements, government contracting, and public choice theory are addressed, along with trusteeship and police powers. A reasonableness analysis for contracts is mentioned.

Supreme Court Recusal: From Marbury To The Modern Day, James Sample

Hofstra Law Faculty Scholarship

For Justices of the U.S. Supreme Court, controversies pitting personal conflicts — whether actual or merely alleged — against the constitutional commitment to the rule of law increasingly form the basis of a caustic and circular national dialogue that generates substantially more heat than light. While the profile of these controversies is undoubtedly waxing, the underlying tensions stretch back at least to Marbury v. Madison.

For all its seminal import, in Marbury, Chief Justice John Marshall adjudicated a case involving the validity of judicial commissions Marshall had himself signed and sealed. Equally remarkably, one of those judicial commissions belonged to …

The Effects Of Thermal Stress And Algal Competition On The Early Life-History Stages Of Porites Astreoides And The Development Of Stress-Detecting Biomarkers For Use In Scleractinan Corals, Kevin C. Olsen

UNF Graduate Theses and Dissertations

Scleractinian coral populations are declining worldwide in response to numerous stressors operating on both global and regional scales. Rising sea surface temperatures associated with global climate change and the increasing frequency of coral-macroalgae competitive interactions are two of the gravest ecological drivers facing coral reef ecosystems. However, little is known about how these stressors interact to impact corals, their health, and potential modes of population recovery. These threats also highlight the need to develop reliable techniques that detect stress in multiple life-history stages of hermatypic corals prior to the degradation of coral reef habitats. To address these concerns we evaluated …

Fair Play: An Ethical Evaluation Of The Ncaa's Treatment Of Student Athletes, Tyler J. Andrews

UNF Graduate Theses and Dissertations

The National Collegiate Athletic Association (NCAA) is the nonprofit governing body of college athletics. They oversee three distinct divisions of competition containing over 430,000 student athletes and over 1,000 member institutions.[1] Their primary task is to ensure all student-athletes and the universities they attend adhere to the extensive rules and regulations outlined in the Associations manual, namely, to abide by principles of amateurism, defined by the Association as agents that do not receive any payment above travel expenses or a grant-in-aid scholarship for competing in sports endeavors.

The problem is the NCAA is currently financially and academically exploiting college …

The Impact Of The Clinical Nurse Leader/Navigator On Clinical Outcomes And Patient Satisfaction, Diane Smith Raines

UNF Graduate Theses and Dissertations

In an era of value based purchasing and healthcare reform, hospitals face the challenge of delivering high quality care in an environment of diminishing resources. This performance improvement project describes the use of master’s prepared nurses on medical surgical units to improve quality and patient satisfaction. The setting was five medical surgical units in a 200+ bed hospital in the southeastern United States. Declining resources necessitated an increase in the nurse to patient ratios on the units (from 5:1 to 6:1). The project involved the modification of the model of care through the change in nurse/patient ratios and the addition …

Impact Of Nutritional Status On The Somatotropic Axis And Ghrelin In Phocid Seals, Rachael Dailey

UNF Graduate Theses and Dissertations

Metabolic hormones and their axes, including the target tissues and receptors, regulate the tissue specific utilization of nutrients with in the body. The purpose of this research was to understand the hormonal control of complex nutrient partitioning mechanisms involved in young, growing animals. Specifically, this involved the investigation of metabolic hormones and the regulation of growth in two common species of phocids (true seals): harbor seal (Phoca vitulina) and Northern elephant seal (Mirounga angustirostris) pups. This longitudinal study examines young phocids from nutritional nadir through realimentation (realimentation) to investigate how metabolic hormones involved in both food intake and nutrient partitioning …

Exploring Intelligence And Interpersonal Communication: An Analysis Of Intellectual Perceptions In A Real Dating Arena, Andrew Dix

Iowa Journal of Communication

The present study examined the relationship between perceptions of intelligence and interpersonal communication in a courtship setting. Participants engaged in speed-dating as a means to quantitatively assess whether evaluations of a dating partner would change from pre-test to post-test. Findings indicated positive messages caused participants to see a potential romantic partner as more intelligent. In contrast, negative communication resulted in unfavorable evaluations of dater intelligence. Study data focused on participant matches revealed women were significantly more selective than men in terms of second-date selection. The findings can be applied to various communicative contexts including employment interviewing and casual dating. Future …

如何提升長者的自我增值能力研究計劃, 香港婦女基金會何郭佩珍耆康中心, Asia-Pacific Institute Of Ageing Studies, Lingnan University 嶺南大學亞太老年學研究中心

APIAS Research Report 研究報告

香港婦女基金會何郭佩珍耆康中心致力推動長者老有所為，自我增值。此研究旨在了解中心會員參與班組及義工的情況，並思考如何增加其參與度。中心鼓勵會員從單向接收知識增值至學以致用，但事與願遺，暫時會員傾向只作為服務使用者參加班組，但很少作為服務提供者參與義務工作及自務義工活動。研究指出儘管會員都知道個人在社群的義務，包括伸手助人、弘揚傳統、貢獻社區，但他們都多在乎自身，如時間運用、身體狀況等，少有推己及人，未能從自助跨越到互助而達致增值。在眾多活動的選擇中，他們找不到充分的理由去選擇參與義工服務。研究認為中心在鼓勵服務使用者在接受服務後馬上成為義工的轉變過程中已遇到困難，應將服務使用者循序漸進引導成為服務組織者。研究亦發現中心會員普遍具有高中教育水平和心境年齡年輕的義工活動參與基礎，中心需加強為會員帶來價值觀的改變，讓會員明白義務工作可得到成就、尊重、認同。這些認知有助成為會員參與義工服務的動機，最終促使他們從服務使用者轉變成為服務提供者。

Hong Kong Women Foundation Ho Kwok Pui Chun Social Centre for the Elderly strives to promote active ageing among the elderly to enable them to self-enhancement. The study aimed at understanding the situation of the current participation of the Centre’s members in courses and voluntary works, as well as seeking solutions in promoting their level of participation in the aforementioned aspects. The Centre encouraged its member to progress from a recipient of knowledge into a wielder of knowledge, but the reality went contrary to the Centre’s wishes. It was found that the members tended to act as service users …

Introduction, Withaya Sucharithawarugse

Asian Review

No abstract provided.

Asean And The South China Sea Disputes: The Search For Peace And Stability Through Security Cooperation, Alessio Fratticcioli

Asian Review

The South China Sea has sea lanes of global significance, rich fishing grounds, and potentially vast oil and gas reserves. ASEAN members arc in conflict over Chinas claims in the area, but are working towards a binding code of conduct. Unity within ASEAN and continued diplomatic efforts will be essential to preventing disputes leading to armed conflict. By solving its internal inconsistencies and achieving stability, ASEAN will be able to promote its centrality in the region's security architecture as well as its importance in the global arena.

Scenarios Of Gloregionalization And Post-Globalization In The Beginning Of The 21st Century: The Bric Forum, Juan Gonzalez Garcia

Asian Review

The BRIC Forum (Brazil, Russia, India and China) has projected itself from a simple term that groups together a series of countries that share the quality of having emerging economies, to a category of analysis used in order to comprehend an actor in economic and political international relations that can generate a counterbalance to the unipolar structure under the hegemony of the United States. The new facets of globalization and regionalism have boosted a series of centripetal forces that shake the foundations of the old world order inherited during the post-Cold War era, threatening to shape new spaces of cooperation, …

Contributors

Asian Review

No abstract provided.