Digital Commons Network^™

Finality And Rehabilitation, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

New science and evolving societal views have led commentators to question the doctrine of finality. This parallels commentators’ embrace of rehabilitation during the middle of the last century. Today, casting off the strictures of finality and embracing rehabilitation are considered complementary positions, but finality has historically been understood as promoting rehabilitation. This shift stems from our changing understandings of rehabilitation. Rehabilitation focuses on offender change — on whether an offender is a final product or, rather, whether he is capable of transformation. Offender change, though, could be either change in character or change in behavior, or a combination of these …

Juries And The Criminal Constitution, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Judges are regularly deciding criminal constitutional issues based on changing societal values. For example, they are determining whether police officer conduct has violated society’s "reasonable expectations of privacy" under the Fourth Amendment and whether a criminal punishment fails to comport with the "evolving standards of decency that mark the progress of a maturing society" under the Eighth Amendment. Yet judges are not trained to assess societal values, nor do they, in assessing them, ordinarily consult data to determine what those values are. Instead, judges turn inward, to their own intuitions, morals, and values, to determine these matters. But judges’ internal …

Regulating Disruptive Innovation, Nathan Cortez

Faculty Journal Articles and Book Chapters

Disruption theory tells us that certain innovations can undermine existing products, firms, or even entire industries. Classic examples include the Kodak camera, the Bell telephone, and the Ford Model T. Modern examples abound. The market entrant’s innovation ultimately displaces industry incumbents. Regulators, too, are challenged by such disruptive innovations. The new product, technology, or business practice may fall within an agency’s jurisdiction but not square well with the agency’s existing regulatory framework. Call this “regulatory disruption.”

Most scholars intuit that regulators should be cautious rather than firm in such situations. Tim Wu, in Agency Threats, argues that agencies confronting disruptive …

Unilateral Climate Regulation, James W. Coleman

Faculty Journal Articles and Book Chapters

It is now plain that decades of negotiation toward a binding global climate treaty have failed. Yet, at the same time, many nations are adopting a range of unilateral policies to address climate change. The existing literature on climate policy neglects these unilateral climate regulations because it focuses on the necessity and possible design of a multilateral climate treaty. But these domestic regulations present a unique puzzle: given that climate outcomes are determined by global emissions, and that unilateral regulations inevitably influence incentives to regulate elsewhere, how can domestic action achieve the greatest marginal reduction in global emissions? In other …

The Constitutionality Of Negotiated Criminal Judgments In Germany, Thomas Weigend, Jenia I. Turner

Faculty Journal Articles and Book Chapters

In a long-awaited judgment, the German Constitutional Court in 2013 upheld the constitutionality of the 2009 German law authorizing the negotiation of criminal judgments between the court and the parties. In this Article, we provide background on recent developments in “plea bargaining” law and practice in Germany and offer a critique of the Court’s decision.

The Court attempted to rein in negotiated judgments by giving the statute a literal reading, emphasizing the limitations it places on negotiations, and strictly prohibiting any consensual disposition outside the statutory framework. The Court builds its judgment on the notion that the search for truth, …

Interstate Conflict And Cooperation In Criminal Cases: An American Perspective, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last decade, the European Union has adopted legislation that calls for the mutual recognition of arrest warrants, investigation orders, and penal judgments. These laws have aimed to strengthen the Union’s response to transnational crime, and EU policymakers are currently considering legislation to further harmonize the Union's law enforcement efforts. This Article compares these developments within the EU to the U.S. legal framework on mutual recognition in criminal matters. It examines the individual, state and systemic interests that U.S. state courts have considered in deciding whether to recognize other states' judgments, warrants, or investigative actions. These competing interests have …

Data Classification And Forecasting Using The Mahalanobis-Taguchi Method, Adebolaji A. Jobi-Taiwo

Masters Theses

"Classification and forecasting are useful concepts in the field of condition monitoring. Condition monitoring refers to the analysis and monitoring of system characteristics to understand and identify deviations from normal operating conditions. This can be performed for prediction, diagnosis, or prognosis or a combination of any these purposes. Fault identification and diagnosis are usually achieved through data classification, while forecasting methods are usually used to accomplish the prediction objective. Data gathered from monitoring systems often consists of multiple multivariate time series and is fed into a model for data analysis using various techniques. One of the data analysis techniques used …

Effect Of Stress Concentrations On Fatigue Of Composite And Metallic Structures, Ross Henry Falen

Masters Theses

"The complex shapes of hydrokinetic turbine blades can include part features such as a fillet, step, or hole. Situations can arise where two part features, such as a hole and a fillet, may be in close proximity which can introduce stress concentrations within the blade structure, adversely affecting the structure's life. Because the interaction between the part features isn't well known, fatigue data is needed to determine the proper analysis.

In this thesis, two separate topics are discussed and investigated. The first topic deals with stress concentrations in hydrokinetic turbine blades. Several blade designs were tested and improved upon to …

Comparison Of Costs Of Personal Protective Equipment For All Workers To Avoid Costs Of Fall Accidents, Sultan Noori Al-Karawi

Masters Theses

"The construction industry is one of the most important industries in the United States. It is the biggest contributor in the growth of the U.S. economy. Despite the great achievements and prominent role for this sector in the U.S. economy, the construction industry is suffering from neglect and dereliction by related government institutions and private companies. This neglect led to formation of a negative image about the construction industry that has caused a deep impact in productivity and economic growth. One of the reasons is a high percentage of accidents that occur within the construction industry which leads to injuries …

Theoretical Analysis Of Shape Separation Of Particles Using Flow Field-Flow Fractionation, Mehrdad Alfi

Masters Theses

"Size separation of spherical and rod-like particles in Flow Field-flow Fractionation was investigated theoretically. The effect of cross flow migration and rod orientation was also investigated as a new mode of study. It has been shown that the rod local orientation makes different diffusivity values in comparison with spherical particles and helps particle separation. Additionally, a new mechanism of lift-hypelayer mode was used for rod-like particles which can be compared with steric mode of spherical particles. This mechanism is said to be due to hydrodynamic interaction of rod-like particle with wall and with other rods.

As a measure of axial …

An Investigation Of Contaminant Metal Distribution And Mineral Speciation In The Soil Near The Buick Recycling Division Smelter, Iron County, Missouri, Krista Nicole Rybacki

Masters Theses

"Trace metal contamination studies were conducted near the Buick Resource Recycling Division. This study used sequential extraction, total digestion, X-Ray Diffraction (XRD), and Scanning Electron Microscopy-Energy Dispersive Spectroscopy (SEM-EDS) to study trace metals in two soil cores. Sequential extraction analysis of the soil cores revealed that lead was associated with either iron or manganese oxides. Zinc and copper were bound to soil components, extracted mainly from organics, sulfides, and clays. Total digestion results compared favorably to the sum of the sequential extraction results for lead, thus validating the sequential extraction methodology. The highest concentration observed for lead was 4,743 parts …

Characterization Of A Plant Gene Family Expanded In Glycine Max, Lisa Snoderly-Foster

Masters Theses

"Glycine max, commonly named the cultivated soybean, is one of the oldest and most important food crops in the world. The study of the G. max genome provides valuable insight into the molecular mechanisms that govern its reproduction and environmental responsiveness, key factors in maximizing crop yield. Since the complete sequencing of the genome in 2010, the analysis has become faster and easier, especially with the development of numerous web-based, publically accessible bioinformatics tools.

This research effort utilizes these tools to characterize a small, unannotated G. max gene family. Although no definitive evidence was uncovered for the production of a …

A Receiver Function Study Of Crust Thickness And Composition Beneath The Southwestern United States, Si Wu

Masters Theses

"Over the past decades, the seismic structure of the crust and upper mantle of the southwestern United States was examined using an array of different methods. The structure and composition of crust received special attentions, most due to the hydrocarbon reserves in this area. Here new constraints on crustal evolution and structure models are provide by systematically analyzing 37,402 receiver functions recorded at 234 seismic stations on the southwestern United States. The results reveal that the Transitional Crust is characterized by a thin (29.0±1.0 km) crust, a low Vp/Vs ratio of 1.76±0.016 and a high amplitude (R) of P-to-S converted …

An Analysis Of Burn Cut Pull Optimization Through Varying Relief Hole Depths, Michael Robert Allen

Masters Theses

"In underground blasting, the pull of the initial cut is the limiting factor for the success of the rest of the round. By improving the pull of the first cut, a critical step is made towards improving the entire round. This project attempted to optimize a burn cut's effective pull by varying the depths of the relief holes in the burn, and then analyzing the results. In testing, relief holes were drilled to depths both shorter and longer than that of the cut's charged holes. The overall objective was to consistently achieve greater pull than in a standard burn, using …

Cervical Cancer Histology Image Feature Extraction And Classification, Peng Guo

Masters Theses

"Cervical cancer, the second most common cancer affecting women worldwide and the most common in developing countries can be cured if detected early and treated. Expert pathologists routinely visually examine histology slides for cervix tissue abnormality assessment. In previous research, an automated, localized, fusion-based approach was investigated for classifying squamous epithelium into Normal, CIN1, CIN2, and CIN3 grades of cervical intraepithelial neoplasia (CIN) based on image analysis of 62 digitized histology images obtained through the National Library of Medicine. In this research, CIN grade assessments from two pathologists are analyzed and are used to facilitate atypical cell concentration feature development …

Evolving Decision Trees For The Categorization Of Software, Jasenko Hosic

Masters Theses

"Current manual techniques of static reverse engineering are inefficient at providing semantic program understanding. An automated method to categorize applications was developed in order to quickly determine pertinent characteristics. Prior work in this area has had some success, but a major strength of the approach detailed in this thesis is that it produces heuristics that can be reused for quick analysis of new data. The method relies on a genetic programming algorithm to evolve decision trees which can be used to categorize software. The terminals, or leaf nodes, within the trees each contain values based on selected features from one …

Performance Analysis Of Zero Forcing And Minimum Mean Square Error Equalizers On Multiple Input Multiple Output System On A Spinning Vehicle, Aditya Kulkarni

Masters Theses

"Channel equalizers based on minimum mean square error (MMSE) and zero forcing (ZF) criteria have been formulated for a general scalable multiple input multiple output (MIMO) system and implemented for a 2x2 MIMO system with spatial multiplexing (SM) for Rayleigh channel associated with additive white Gaussian noise. A model to emulate transmitters and receivers on a spinning vehicle has been developed. A transceiver based on the BLAST architecture is developed in this work. A mathematical framework to explain the behavior of the ZF and MMSE equalizers is formulated. The performance of the equalizers has been validated for a case with …

Behavior In Air Leakage And Recirculation Under The Influence Of Booster Fans, Koziba Feledi

Masters Theses

"A booster fan is an underground mechanical ventilation equipment installed in series with a main surface fan that is used to boost the air pressure provided by the surface main fan passing through it. As mining continues to expand and go deeper, the need for improved and efficient ventilation increases. This has led to the use of booster fans and other auxiliary ventilation devices in underground mines. Research defining how system leakage and recirculation are affected by booster fans; describing how system leakage and recirculation are affected by the location, placement, and amount of air pressure from the booster fans; …

Quantifying Economic Benefits For Rail Infrastructure Projects, Akhilesh Ojha

Masters Theses

"Investment in rail infrastructure is necessary to maintain existing service and to cater for future growth in freight and passenger services. Many communities have realized the importance of investment in rail infrastructure projects and set up goals and visions to achieve economic development through investing in such projects. Due to limited funds available, communities have to select a single or very few projects from a variety of projects. It is very critical that right projects must be selected at the right time for a community to realize economic development. The limited methods for quantifying the economic benefits to the stakeholders …

Computer Vision Libraries For Trailer Truck Testbed Using Open Source Computer Vision Libraries, Krishnan Raghavan

Masters Theses

"Computer Vision is a field that aims at understanding and analyzing images from the real world to produce numerical and symbolical data. It is a first step at duplicating the capabilities of human vision by electronically understanding the image and perceiving its features. This work aims at providing some of the features of a human eye to a trailer truck. These features include getting a 3D wireframe from continuous images and prediction of the next position of the objects in view, while the truck is moving.

The thesis has been divided into 3 sections. First section is acquiring images in …

Measurements And Transient Multistep Outflow Simulation Of Soil-Water Characteristic Curve For Soils Modified With Biopolymers, Xiaoyi Zhao

Masters Theses

"In recent decades, biopolymers have shown promising applications in soil modification due to its environmental friendly nature. Most of the studies, however, focused on mechanical properties at saturated or unsaturated conditions. The study on unsaturated soil behaviors under controlled pore air and pore water pressures were limited. Soil-water characteristic curve (SWCC), relating water content with matric suction is a key property to evaluate unsaturated soils. With SWCC, other soil properties, such as hydraulic conductivity and shear strength can be estimated. In this study, SWCC of sands modified with different biopolymers were measured with both Tempe cell and Fredlund SWCC device. …

Computation Of Cross-Talk Alignment By Mixed Integer Linear Programming, Qifeng Chen

Masters Theses

"Noise analysis has been an important and difficult part of design flow of very large-scale integrated (VLSI) systems in many years. In this thesis, the problem of signal alignment resulting in possible maximum peak interconnect coupling noise and propose a variation aware technique for computing combined noise pulse taking into account timing constraints on signal transitions has been discussed. This work shows that the worst noise alignment algorithm can be formulated as mixed integer programming (MLIP) problem both in deterministic window cases and variational window cases. For deterministic window cases, it is assumed that timing windows are given for each …

Feasibility Study Of A Two-Fluid Small Modular Molten Salt Reactor With In Core Heat Removal Capability, Brandon James Lahmann

Masters Theses

"A feasibility study of a two-fluid small modular molten salt reactor (MSR) with in core heat removal was performed. The initial fuel block dimension for the configuration was based on the Fuji MSR. The fuel was a mixed fluoride salt of density 3.25 g/cc, composed of 71 LiF - 16 BeF₂ - 12 ThF₄- 1 ²³³UF₄ molar percentages. The coolant salt was Li₄(FLiBe) of density 1.94 g/cc. The work set out to establish whether or not such a reactor is thermodynamically feasible when optimized for various neutronics parameters. A Java based API was …

Software-Based Instrumentation For Analysis Of Electrostatic Discharge Effects, Antonio James Sabatini

Masters Theses

”Failures caused by electrostatic discharge (ESD) compromise the reliability of embedded systems. Peripherals such as the universal serial bus (USB) are particularly vulnerable, as isolating them to avoid electromagnetic interference would defy their purpose - facilitating communication with and/or by the embedded system. Better understanding the propagation of failures that result from ESD can facilitate defensive development of hardware and software for embedded systems, but is hampered by the lack of non-invasive and lightweight instrumentation techniques.

The original contribution of this thesis is the design and development of software-based instrumentation for monitoring the reaction of the USB peripheral of an …

Closing The Gap: Research, Policy, Practice, And Shared Parenting, Marsha Kline Pruett, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

Shared parenting after separation or divorce is one of the most hotly debated issues in family law today. Just as many parents are in conflict, professionals with different perspectives, experiences, and educational backgrounds disagree about the best direction to take in both global family policy and in particular cases. While professionals agree that children of separation and divorce fare best when they have stable, healthy, and continuing contact with both parents, reaching a consensus about shared parenting policy has been elusive. Professionals, as well as parents, seek guidance from both social science research and the legal system. This sensible quest …

Judging Similarity, Shyamkrishna Balganesh, Irina D. Manta, Tess Wilkinson‐Ryan

Hofstra Law Faculty Scholarship

Copyright law’s requirement of substantial similarity requires a court to satisfy itself that a defendant’s copying, even when shown to exist as a factual matter, is quantitatively and qualitatively enough to render it actionable as infringement. By the time a jury reaches the question of substantial similarity, however, the court has usually heard and analyzed a good deal of evidence: about the plaintiff, the defendant, the creativity involved, the process through which the work was created, the reasons for which the work was produced, the defendant’s own creative efforts and behavior, and on occasion the market effects of the defendant’s …

Measuring Manufacturing: How The Computer And Semiconductor Industries Affect The Numbers And Perceptions, Susan N. Houseman, Timothy J. Bartik, Timothy Sturgeon

Upjohn Institute Working Papers

Growth in U.S. manufacturing’s real value-added has exceeded that of aggregate GDP, except during recessions, leading many to conclude that the sector is healthy and that the 30 percent decline in manufacturing employment since 2000 is largely the consequence of automation. The robust growth in real manufacturing GDP, however, is driven by one industry segment: computers and electronic products. In most of manufacturing, real GDP growth has been weak or negative and productivity growth modest. The extraordinary real GDP growth in computer-related industries reflects prices for computers and semiconductors that, when adjusted for product quality improvements, are falling rapidly. Productivity …

The Syntheses, Characterizations, And Applications Of Novel Photo- And Electrochemical Catalysts, Lauren Rae Grabstanowicz

Graduate Research Theses & Dissertations

This dissertation investigates two separate clean energy applications, emphasizing material applications and electrochemistry techniques. The first section examines environmentally friendly alternatives for water purification to avoid carcinogenic by-products. To diminish such possibilities, research has shifted towards photoelectrochemical catalysts, such as titanium dioxide (TiO2), because pure TiO2 has limited absorption in the ultraviolet region. Therefore, Ti3+, a self-dopant, has become an attractive candidate for environmentally friendly alternatives. This dissertation demonstrates a novel oxidation procedure to form self-doped Ti3+ in the bulk of rutile TiO2. A brief overview of the work will be given and supporting data including material, methods, structural characterization, …

Converging Play Therapists' Voices : Facilitating Parental Involvement In Child Therapy Process, Mi-Hee Jeon

Graduate Research Theses & Dissertations

This study examines how play therapists practice parental engagement to obtain a general understanding of the play therapists' roles, parental involvement procedures, and strategies in helping parents become involved in their child's recovery. Ten participants were recruited through criterion-based section. The participants were from five different play therapy approaches, with at least seven years' experience in play therapy and a play therapist license. Using Interpretative Phenomenological Analysis (IPA), I approached the participants to gain profound understanding of their experiences of and insight into parental inclusion.||Findings reveal that the play therapists of this study perform as counselors, teachers, and consultants in …

Nodal Solutions Of Nonlocal Integral Boundary Value Problems, Jeremy E. Chamberlain

Graduate Research Theses & Dissertations

In this dissertation, we study the nonlinear, non-local boundary value problem consisting of the second order equation -( p(t)y') ' + q(t) = w( t)f(y) on [a,b] and one of two boundary conditions involving a Riemann-Stieltjes integral. By relating the problems to the eigenvalues of the corresponding linear Sturm-Liouville problem with a two-point separated boundary condition, we obtain results on the existence and nonexistence of nodal solutions to these problems. The shooting method and a generalized energy function are used to prove the main results. We also discuss the changes in the existence of different types of nodal solutions as …