Digital Commons Network^™

The Strategic Assessment Model (Stratam): Studying And Preventing Strategic Failure, Hans-Joachim Klaus Ruff-Stahl

Publications

The purpose of this study is to introduce the Strategic Assessment Model (STRATAM), a model designed to assist in the prevention of strategic failure. STRATAM aids firstly in the assessment of a strategy, as well as its crafting and evolution; secondly, it aims to enable and possibly streamline civil-military strategic debates on military operations. It is argued that strategic blunders in many cases result from latent organizational failures on one’s own side. Therefore, STRATAM combines Clausewitz’ theory of war and strategy with organizational failure theory. To demonstrate the use of this model, this paper uses Operation Cast Lead (or the …

Educating The Next Generation Of Cyberforensic Professionals, Mark Pollitt, Philip Craiger

Publications

This paper provides a historical overview of the development of cyberforensics as a scientific discipline, along with a description of the current state of training, educational programs, certification and accreditation. The paper traces the origins of cyberforensics, the acceptance of cyberforensics as a forensic science and its recognition as a component of information security. It also discusses the development of professional certification and standardized bodies of knowledge that have had a substantial impact on the discipline. Finally, it discusses the accreditation of cyberforensic educational programs, its linkage with the bodies of knowledge and its effect on cyberforensic educational programs.

Examining The Relationship Between Familiarity And Reliability Of Automation In The Cockpit, Rian Mehta, Steven Rice, Scott Winter

Publications

This study sought to determine the correlation between familiarity and perceptions of reliability, as associated to specific aviation-related automated devices. Participants’ experience levels ranged from non-pilots to novice pilots to certified flight instructors. It was hypothesized that familiarity has a direct correlation with ratings of reliability for various aviation-related automated devices and that the correlation across devices for each participant would be positive. The researchers expected to find a difference in the familiarity-reliability relationship as a function of experience. Findings showed that there was a significant positive correlation between familiarity and reliability for every single automated device. A positive correlation …

The Use Of Apps To Prime Learning For A Verbal Task, Christina Frederick, Devin Liskey, Daniel Brown

Publications

This study tested whether or not children’s memory performance would be affected by stimulating brain activity by completing a verbal puzzle task or a non-verbal puzzle task prior to a verbal learning task.

Climate Change: The Proof And The Process, Richard Snow, Mary Snow

Publications

Since what we call civilization began some 12,000 years ago, the mean temperature of Earth has not varied more than 1°C from the average. The forecast change in temperature of from 1.5 to 4°C (2.7 to 7°F) by 2100 has no equal in the recent history of the planet. Changes in the energy output of the sun, changes in the relative position of the sun and Earth, shifting locations of the continents, mountain building, volcanic eruptions, and changes in atmospheric composition all combine to cause our climate to change. Most of the changes in climate of the past can be …

A Case Study Of Outsourced Primary Healthcare Services In Sindh, Pakistan: Is This A Real Reform?, Sana Tanzil, Aysha Zahidie, Adeel Ahsan, Ambreen Kazi, Babar Tasneem Shaikh

Community Health Sciences

Background: Since a decade, low and middle income countries have a rising trend of contracting their primary healthcare services to NGOs. In Pakistan, public sector often lacks capacity to effectively & equitably manage the healthcare services. It led the government to outsource the administration of primary health care services to a semi-autonomous government entity i.e. Peoples' Primary Healthcare Initiative (PPHI). This small scale study has assessed the quality of healthcare services at the contracted Basic Health Units (BHUs) with the PPHI and compared it with those managed by the local district government in the province of Sindh.Methods: A cross-sectional mix …

State Of Metropolitan Housing Report: 2014: A Look Back, A Look Forward., C. Norton, Lauren Heberle, A. Smith, R. Fenwick, D. Weinstein, K. Pugh, A. Sizemore

Faculty and Staff Scholarship

No abstract provided.

Asking The Right Questions In Copyright Cases: Lessons From Aereo And Its International Brethren, Rebecca Giblin, Jane C. Ginsburg

Faculty Scholarship

Aereo was a US-based service that made unique copies of broadcast programs from individual antennae for each requesting user, for individual retransmission near-live or at some point in the future. To the uninitiated, it makes no sense for a company to design a television transmission service that utilises thousands of tiny antennae and thousands of copies to deliver signals to users. Wouldn’t it be much more efficient to use just one of each? And surely, when it comes to copyright liability, wouldn’t more copies result in more infringement, not less? However, Aereo’s strategy made a lot of sense when viewed …

The Nordic Model Of Corporate Governance: The Role Of Ownership, Ronald J. Gilson

Faculty Scholarship

It is commonplace to credit the invention of the public corporation as an important engine of economic growth. The creation of a long-lived vehicle that gave investors both tradable shares and limited liability allowed talented managers to raise capital to fund enterprise. Writing in 1926, the Economist magazine heralded this role:

The economic historian of the future may assign to the nameless inventor of the principle of limited liability, as applied to trading corporations, a place of honor with Watt and Stephenson, and other pioneers of the Industrial Revolution. The genius of these men produced the means by which man’s …

Do Defaults On Payday Loans Matter?, Ronald J. Mann

Faculty Scholarship

This essay examines the effect on a borrower’s financial health of failure to repay a payday loan. Recent regulatory initiatives suggest an inclination to add an “ability to pay” requirement to payday-loan underwriting that would be fundamentally inconsistent with the nature of the product. Because the premise of that regulation would be that borrowers suffer harm when they fail to repay such a loan, it is timely to examine the after-effects of such a default empirically. This essay examines that question using a dataset that combines payday borrowing histories with credit bureau information.

The essay uses a difference-in-difference approach, comparing …

Tracking Above- And Below- Ground Seed Persistence And Mortality In A Native Tallgrass Prairie Restoration, Carmen Pellish

Dissertations and Theses @ UNI

The large cost of seed and low seedling establishment rates make restoring native tallgrass prairies expensive and difficult. Tallgrass prairie restorations typically achieve seedling emergence rates of only 10%. This begs the question of what happens to the remaining 90% of seeds that do not emerge as seedlings. This thesis sought to assess or quantify the importance of seed predators and death by microorganisms or to senescence on seed survival and seedling establishment within a newly planted native tallgrass prairie restoration under typical restoration conditions. I hypothesized that small vertebrate seed predators would play be detrimental to overall seedling emergence …

Designing Related-To Bankruptcy Jurisdiction, Jack Zarin-Rosenfeld

Hofstra Law Faculty Scholarship

This Note offers a framework for analyzing related-to bankruptcy jurisdiction under 28 U.S.C. § 1334 that courts can implement immediately within the bounds of the statute and case law. It argues that that the requirements for related-to jurisdiction should be better deployed in accordance with the relative merits of jurisdictional rules and standards. Part I describes the requirements that courts impose to test related-to bankruptcy jurisdiction. Part II demonstrates how the requirements for related-to jurisdiction can be better deployed in accordance with the relative merits of jurisdictional rules and standards. Part III proposes a broad threshold inquiry backstopped by a …

Defense Lawyering And Wrongful Convictions, Ellen Yaroshefsky, Laura Schaefer

Hofstra Law Faculty Scholarship

In Examining Wrongful Convictions: Stepping Back, Moving Forward, the premise is that much can be learned by “stepping back” from the focus on the direct causes of wrongful convictions and examining criminal justice systems, and the sociopolitical environments in which they operate. Expert scholars examine the underlying individual, systemic, and social or structural conditions that may help precipitate and sustain wrongful convictions, thereby “moving forward” the related scholarship.

"Examining Wrongful Convictions is a book that has no equal. With full and up-to-date chapters dedicated to the unique vulnerability of adolescents, insufficiently protected; the enabling role of a “muddled” news media, …

Snapshot Of The Ivmf: Annual Report 2014, Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This report overviews the accomplishments of the IVMF during 2013-2014.

Research Brief: "Suicides In The Military: The Post-Modern Combat Veteran And The Hemingway Effect", Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This brief is about current suicide prevention interventions within the military. In policy and practice, practitioners should monitor the wellness of aging veterans and ensure that a support system exists for their veteran patients, while veterans should participate in social events with other veterans; the VA and DoD should implement programs to ensure that veterans have feelings of belongingness and the VA should monitor veterans' well-being for 2-3 years after service during transitions. Suggestions for future research include examining the communities and veteran service organizations that produce the most useful support for veterans with mental health problems.

Federal Habeas Corpus In Capital Cases, Eric M. Freedman

Hofstra Law Faculty Scholarship

In legal terms, habeas corpus is simply the name for the procedure by which a court inquires into the legality of a citizen's detention. But habeas corpus is rarely discussed in merely legal terms. The name carries a special resonance in Anglo-American legal and political history: habeas corpus is celebrated as the Great Writ of liberty.

The reason is straightforward. The availability of habeas corpus means that if an individual is found to have been restrained unlawfully, the court can release him or her - thereby enforcing the rule of law and frustrating governmental oppression. Attempts to extend the range …

The High Cost Of Low Sanctions, Irina D. Manta

Hofstra Law Faculty Scholarship

Low sanctions can initially appear to be a mitigating factor for unjust or inefficient laws, but this perception is likely wrong. This Article argues that low sanctions may have a pernicious effect on the democratic process and on legislative rule making because, as both public choice theory and historical precedent suggest, the laws accompanying these sanctions are more likely to perpetuate themselves and become part of the unquestioned background fabric of society. This Article focuses on intellectual property law (in particular, copyright) and examines the progression of suboptimal laws through widespread low sanctions that may mostly escape the public eye …

A Game Changer For The Political Economy Of Economic Development Incentives, Stephen Ellis, Grant Hayden, Cynthia Rogers

Hofstra Law Faculty Scholarship

State and local governments have embraced their authority to offer economic development incentives for the purpose of attracting, retaining, or enhancing economic activity within their borders. Collectively, these programs represent an enormous, but largely overlooked, transfer of wealth from public entities to private firms. The increasing use of economic development incentives runs counter to the guidance offered by academic researchers. With their proliferation comes the increasing need for accountability in the decision-making process. We consider whether the duty of care standard used in corporate governance should be applied to the public decision-making context regarding economic development incentives.

Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities, Ian Gallacher, Amy Stein, Robyn A. Boyle, David Thomson

Hofstra Law Faculty Scholarship

Experiential learning is all the rage in legal education today. And yet, educators throughout history have known that involving students in their learning and exposing them to practical applications of what they are learning increases student engagement and retention. But legal education is coming to this way of thinking somewhat late. This article, based on a presentation that the authors gave at the AALS conference in New York in January of 2014, suggests that technology opens up new possibilities for law schools by allowing students from different schools to participate in complex inter-school simulations that can, if carefully prepared, teach …

Private Annuities And Installment Sales: Trombetta And Section 2036, Mitchell M. Gans, Jonathan G. Blattmachr

Hofstra Law Faculty Scholarship

The article focuses on the U.S. Tax Court case In re Estate of Trombetta and the U.S. court case Fidelity-Philadelphia Trust Co. v. Smith, which dealt with installment sales and private annuities. Topics include the taxation of grantor trusts, bona fide exceptions to the taxation rules, the impact of mortgage encumbrances on estates.

State Responsibility For Gender Stereotyping, Barbara Stark

Hofstra Law Faculty Scholarship

Scholars have recently re-discovered Justice Ruth Bader Ginburg’s early anti-stereotyping work. As Cary Franklin notes, Justice Ginsburg’s approach "was grounded not in a commitment to eradicating sex classifications from the law, but in a far richer theory of equal protection involving constitutional limitations on the state’s power to enforce sex-role stereotypes." Some of these scholars believe that this approach holds great promise for issues at the "frontiers of equal protection law" such as same-sex marriage and the work-family conflict. As Ginsburg herself has come to realize, however, anti-stereotyping is only the beginning. This Article explains why anti-stereotyping is insufficient, what …

“Best Interests Of The Child”, Andrew Schepard

Hofstra Law Faculty Scholarship

Parents are essential to raising children. They love them, make major decisions for them, provide a roof over their heads. They offer emotional, educational, and economic support. In “intact” families, parents make decisions for their children jointly. There is no issue about where a child lives because parents live together with the child in the same place.

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 …

Transformative Mediation, Joseph Folger, Robert A. Baruch Bush

Hofstra Law Faculty Scholarship

Transformative mediation is an approach to third party intervention that has been implemented in a range of dispute settings over the past twenty years. This article offers an explanation of what led us to develop the transformative model of mediation, and an assessment of the body of work related to both the theory and practice of transformative mediation. Specifically, we offer an assessment of: how well the relational premises of the model have been articulated, whether transformative practice remained aligned with its underlying premises, what the impact of practice has been, and what effect this approach to conflict intervention has …

The Role Of Ethics Audits In Improving Ethical Conduct In Law Firms: An Empirical Examination, Susan Saab Fortney

Hofstra Law Faculty Scholarship

For decades, legal malpractice experts have urged lawyers to implement risk management measures. To assist law firms in doing so, legal malpractice insurers have provided audit services and self-audit materials. The ABA Model Rules of Professional Conduct also recognize the importance of policies and procedures as an aspect of a firm’s ethical infrastructure. Specifically, Model Rule 5.1 and state versions of Model Rule 5.1 require that firm principals make reasonable efforts to ensure that the firm has in effect measures to ensure that firm lawyers conform to the rules of professional conduct.

From The Rule Of One To Shared Parenting: Custody Presumptions In Law And Policy, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

Child custody presumptions have formed part of Anglo-American law for centuries. Both the paternal preference rule at common law and the tender years doctrine that supplanted it in the nineteenth century signaled the law’s conviction that custody was indivisible: after a marital breakup, children could be entrusted to only one parent, with the other an infrequent visitor. This “rule of one” began to weaken in the last third of the twentieth century, as the movement toward gender equality called attention to the importance of both parents in the care and nurturance of children and loosened the link between gender and …

Accessing Law: An Empirical Study Exploring The Influence Of Legal Research Medium, Stefan H. Krieger, Katrina Fischer Kuh

Hofstra Law Faculty Scholarship

The legal profession is presently engaged in an uncontrolled experiment. Attorneys now locate and access legal authorities primarily through electronic means. Although this shift to an electronic research medium radically changes how attorneys discover and encounter law, little empirical work investigates impacts from the shift to an electronic medium.

This Article presents the results of one of the most robust empirical studies conducted to date comparing research processes using print and electronic sources. While the study presented in this Article was modest in scope, the extent and type of the differences that it reveals are notable. Some of the observed …

Applying For Vocational Rehabilitation And Employment Benefits, Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

A detailed two page worksheet on eligibility and how to apply for vocational rehabilitation and unemployment benefits. Helpful for unemployed veterans with disabilities.

Neither Father Nor Doctor “Knows Best”: From Tradition To Choice In The Family And On The Wards, Janet L. Dolgin

Hofstra Law Faculty Scholarship

This review article analyzes 3 developments within the world of health care that involve concomitant changes in the scope of family and the form of family relationships. The first follows from construction of the informed‐consent doctrine and its implementation, the second stems from stunning innovations in reproductive technology, and the third involves the increasing significance of genetic information for medicine. The article suggests that an analysis of changing relationships within the world of health care may offer insights about shifts in the meaning of family. As social domains, the world of family and the world of health care have undergone …

Physician Speech And State Control: Furthering Partisan Interests At The Expense Of Good Health, Janet L. Dolgin

Hofstra Law Faculty Scholarship

The first Section of Part I reviews two U.S. Supreme Court decisions, Rust v. Sullivan and Planned Parenthood of Southeastern Pennsylvania v. Casey. Each decision addressed the limits of permissible legislative interference with physician speech. These cases provide a framework for considering subsequent challenges to the constitutionality of statutes that place controls on physician speech. Section B then examines one lower federal court case decided in the wake of Rust and Casey. The case considered the constitutionality of government-imposed limits on physician speech. Part II considers the four examples described above in detail and examines the contours and …