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2014

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A Game Changer For The Political Economy Of Economic Development Incentives, Stephen Ellis, Grant Hayden, Cynthia Rogers Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

“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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 …


Lightweight Data Compression In Wireless Sensor Networks Using Huffman Coding, Henry P. Medeiros, Marcos C. Maciel, Richard D. Souza, Marcelo E. Pellenz Jan 2014

Lightweight Data Compression In Wireless Sensor Networks Using Huffman Coding, Henry P. Medeiros, Marcos C. Maciel, Richard D. Souza, Marcelo E. Pellenz

Electrical and Computer Engineering Faculty Research and Publications

This paper presents a lightweight data compression method for wireless sensor networks monitoring environmental parameters with low resolution sensors. Instead of attempting to devise novel ad hoc algorithms, we show that, given general knowledge of the parameters that must be monitored, it is possible to efficiently employ conventional Huffman coding to represent the same parameter when measured at different locations and time periods. When the data collected by the sensor nodes consists of integer measurements, the Huffman dictionary computed using statistics inferred from public datasets often approaches the entropy of the data. Results using temperature and relative humidity measurements show …


Intellectual Property Experimentalism By Way Of Competition Law, Tim Wu Jan 2014

Intellectual Property Experimentalism By Way Of Competition Law, Tim Wu

Faculty Scholarship

Competition law and Intellectual Property have divergent intellectual cultures – the former more pragmatic and experimentalist; the latter influenced by natural law and vested rights. The US Supreme Court decision in Federal Trade Commission v. Actavis is an intellectual victory for the former approach, one that suggests that antitrust law can and should be used to introduce greater scrutiny of the specific consequences of intellectual property grants.


Mouse Oocyte Maturation And Embryo Development After Exposure To Vemurafenib (Plx4032), An Anti-Melanoma B-Raf V600e Inhibitor, Bo Liu Jan 2014

Mouse Oocyte Maturation And Embryo Development After Exposure To Vemurafenib (Plx4032), An Anti-Melanoma B-Raf V600e Inhibitor, Bo Liu

Theses and Dissertations in Biomedical Sciences

Vemurafenib is a selective B-RafV600E inhibitor in melanoma targeted therapy which also inhibits the wild type B- and C-Raf. In oocyte maturation, the C-Raf/MAPK pathway acts as an important self-enhancing and promoting system, w hereas in embryo development, the C-Raf/M APK pathway participates in pre- and post- implantation embryo proliferation and differentiation.

The hypothesis: Vemurafenib has detrimental effects on oocyte maturation and/or embryo development. Mouse oocytes and one cell (1C) mouse embryos were tested by ex vivo culturing with Vemurafenib in serial dilution. Oocytes were evaluated by cell cycle morphology, spindle formation and chromosomal alignment by im munofluorescence (IF) …


Exceptional Authorship: The Role Of Copyright Exceptions In Promoting Creativity, Jane C. Ginsburg Jan 2014

Exceptional Authorship: The Role Of Copyright Exceptions In Promoting Creativity, Jane C. Ginsburg

Faculty Scholarship

A lawyer for an immense copyright-exploiting corporation, casting himself as a defender of authors’ rights, challenged his interlocutor’s incredulity with the following assertion: given today’s diversity of authors, ‘more of them depend on limitations and exceptions than on exclusive rights’. Some might cringe at the resemblance of this credo to Orwell’s ‘Freedom Is Slavery!’ Nonetheless, I would like to take seriously the proposition that today’s authors need copyright exceptions and limitations more than they need exclusive rights.

First, I will test the proposition by examining what one might call authorship-oriented exceptions, from ‘fair abridgement’ in early English cases to the …


Educational Policy Decisions Effect Upon Same-Gender Public Education, Richard Gerard Catoire Jan 2014

Educational Policy Decisions Effect Upon Same-Gender Public Education, Richard Gerard Catoire

Educational Leadership & Workforce Development Theses & Dissertations

The No Child Left Behind (NCLB) Act of 2001, with emphasis on greater choice and flexibility for parents and students in public education, to include the provision for same-gender public schools and classrooms, led to a resurgence in same-gender public education in the United States. With the results of the research on same-gender education presenting conflicting evidence and mixed-perspectives on the outcomes of same-gender education in improving academic achievement or attainment, there are still questions to be answered, not only to the effectiveness of same-gender education, but also to policy decisions to establish same-gender public education programs. While proponents of …


Preparing School Leaders To Advocate For Social Justice: A Case Analysis Of Social Justice Tenets In A Leadership Preparation Program, Jessica Costa Jan 2014

Preparing School Leaders To Advocate For Social Justice: A Case Analysis Of Social Justice Tenets In A Leadership Preparation Program, Jessica Costa

Educational Leadership & Workforce Development Theses & Dissertations

School leadership preparation for social justice is a pressing concern in an era of achievement gaps and a rapidly increasing population of largely marginalized students: English learners. This case study explored how one university leadership preparation program infused social justice tenets into the training. Following a qualitative methodology, data collection focused on documents, interviews, and class observations. In recent years, critical race theory (CRT) has garnered much attention in education scholarship as a way to examine racialized practices and social injustices that persist in U.S. schooling. This study used CRT as a basis for the theoretical framework and interpretive lens …


The Effect Of Self-Regulated Learning Strategy Training And Question Generation On Metacognitive Awareness And Achievement Among College Students Enrolled In Science Courses, Derrick L. Wilkins Jan 2014

The Effect Of Self-Regulated Learning Strategy Training And Question Generation On Metacognitive Awareness And Achievement Among College Students Enrolled In Science Courses, Derrick L. Wilkins

STEMPS Theses & Dissertations

Transitioning from high school students to college students can be a difficult task for students who do not know how to regulate their own study processes. Literature in the areas of metacognition, self-regulated learning (SRL), and question generation suggest a correlation between metacognitive awareness, SRL, and achievement. The present study was guided by efforts to improve college students' achievement by promoting generative learning strategies and metacognitive awareness. Fifty-one undergraduate students enrolled in a general education biology course at a southeastern university participated in this three-week experimental study. The researcher used the Metacognitive Self-Regulation Scale of the Motivated Strategies for Learning …


Enhancing Understanding Of Discrete Event Simulation Models Through Analysis, Kara Ann Olson Jan 2014

Enhancing Understanding Of Discrete Event Simulation Models Through Analysis, Kara Ann Olson

Computer Science Theses & Dissertations

Simulation is used increasingly throughout research, development, and planning for many purposes. While model output is often the primary interest, insights gained through the simulation process can also be valuable. Insights can come from building and validating the model as well as analyzing its behaviors and output; however, much that could be informative may not be easily discernible through these existing traditional approaches, particularly as models continue to increase in complexity.

This research extends current work in model analysis and program understanding to assist modelers in obtaining more insight into their models and the systems they represent. A primary technique …


Clinical Collaborations: Going Global To Advance Social Entrepreneurship, Deborah Burand, Susan R. Jones, Jonathan Ng, Alicia E. Plerhoples Jan 2014

Clinical Collaborations: Going Global To Advance Social Entrepreneurship, Deborah Burand, Susan R. Jones, Jonathan Ng, Alicia E. Plerhoples

Articles

In the summer of 2012, transactional law clinics from three U.S. law schools: George Washington University; Georgetown University; and the University of Michigan launched a collaboration to serve a common client — Ashoka, a global nonprofit organization that supports close to 3,000 social entrepreneurs across 76 countries. While clinic collaborations within universities happen occasionally, clinic collaborations across universities are unusual. This essay focuses on the motivations, operations, lessons, and next steps of this cross-university, clinical collaboration aimed at advancing social entrepreneurship globally. Specifically, this essay examines why the collaboration was launched, how the collaboration is structured, what the collaboration offers …


Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen Jan 2014

Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen

Faculty Scholarship

This short Essay argues that various attributes we associate with federalism should not be deemed necessary components of federalism as a definitional or normative matter. Using Colorado’s recent legalization of marijuana as a case study, it shows how two such attributes – an autonomous realm of state action and independent state officials with distinctive interests – can be pulled apart. State officials often further their interests and effectively oppose federal policy when they participate in the same statutory scheme as federal actors instead of operating in a separate, autonomous sphere. At the same time, state officials frequently rely on the …


Clinical And Biochemical Characteristics Of Children With Juvenile Idiopathic Arthritis, Shakeel Ahmed, Syed Rehan Ali, Sidra Ishaque, Nabil Sami Jan 2014

Clinical And Biochemical Characteristics Of Children With Juvenile Idiopathic Arthritis, Shakeel Ahmed, Syed Rehan Ali, Sidra Ishaque, Nabil Sami

Department of Paediatrics and Child Health

Objective: To determine the clinical and biochemical characteristics of children with Juvenile Idiopathic Arthritis (JIA) at a tertiary care centre in Karachi, Pakistan.

Study Design: A descriptive study.

Place and Duration of Study: Paediatric Rheumatology Clinic of The Aga Khan University Hospital (AKUH), Karachi, from January 2008 to December 2011.

Methodology: Clinical and laboratory profile and outcome of children less than 15 years of age attending the Paediatric Rheumatology Clinic of the Aga Khan University, Karachi with the diagnosis of Juvenile Idiopathic Arthritis according to International League against Rheumatism were studied. These children were classified into different types of JIA; …


Acute Cerebellitis With Hydrocephalus, Nida Amjad, Anwarul Haque, Khalid Ahmed Jan 2014

Acute Cerebellitis With Hydrocephalus, Nida Amjad, Anwarul Haque, Khalid Ahmed

Department of Paediatrics and Child Health

We report a case of an 8 years old child who presented with sudden onset of headache and vomiting. He had broad-based gait and intention tremors on admission. MRI brain revealed isointense signals on T1-weighted imaging and hyperintense signals on T2-weighted imaging. Cerebellar swelling was also identified with significant mass effect obliterating the fourth ventricle. CT head showed prominent third and lateral ventricles. He was treated with high dose corticosteroids and required an external ventricular drain (EVD) insertion. He made an uneventful recovery and suffered no neurologic deficit. The clinical and radiologic findings in this boy were consistent with cerebellitis …


Posterior Mediastinal Branchial Cleft Cyst: An Unusual Site, Abdul Rashid, Vaqas Ahmad, Saqib Qazi, Abdul Gaffar Billoo, Sajida Rashid, Ali Faisal Saleem Jan 2014

Posterior Mediastinal Branchial Cleft Cyst: An Unusual Site, Abdul Rashid, Vaqas Ahmad, Saqib Qazi, Abdul Gaffar Billoo, Sajida Rashid, Ali Faisal Saleem

Department of Paediatrics and Child Health

A two and a half year old Kenyan girl presented with recurrent chest infections and difficulty in swallowing. Her clinical and laboratory workup was suggestive of lower respiratory tract infection for which she received a course of antibiotics; however, she remains symptomatic after the management of her suspected diagnosis. Therefore, further radiological workup including a chest CT scan and barium study were performed. This showed a homogeneous mass surrounded by ascending and descending aorta in the posterior mediastinum that was compressing the middle esophagus. She had a posterolateral thoracotomy which revealed a cystic mass with smooth surfaces (5x5 cm) in …


Early Recovery In Post Varicella Transverse Myelitis, Prem Chand, Shahnaz Brahim, Syed Sohail Zaidi, Nida Amjad Jan 2014

Early Recovery In Post Varicella Transverse Myelitis, Prem Chand, Shahnaz Brahim, Syed Sohail Zaidi, Nida Amjad

Department of Paediatrics and Child Health

A two and a half year old Kenyan girl presented with recurrent chest infections and difficulty in swallowing. Her clinical and laboratory workup was suggestive of lower respiratory tract infection for which she received a course of antibiotics; however, she remains symptomatic after the management of her suspected diagnosis. Therefore, further radiological workup including a chest CT scan and barium study were performed. This showed a homogeneous mass surrounded by ascending and descending aorta in the posterior mediastinum that was compressing the middle esophagus. She had a posterolateral thoracotomy which revealed a cystic mass with smooth surfaces (5 x 5 …


Thermal Tuning Of Mems Buckled Membrane Actuator Stiffness, Robert A. Lake, Kyle K. Ziegler, Ronald A. Coutu Jr. Jan 2014

Thermal Tuning Of Mems Buckled Membrane Actuator Stiffness, Robert A. Lake, Kyle K. Ziegler, Ronald A. Coutu Jr.

Electrical and Computer Engineering Faculty Research and Publications

The thermal tuning characteristics of a microelectromechanical systems (MEMS) buckled membrane exhibiting regions of both positive and negative stiffness is examined and analyzed using finite element method (FEM) simulation and through experimentation. The membranes are fabricated by releasing a silicon/silicon dioxide (Si/SiO2) laminated membrane from a silicon on insulator (SOI) wafer. The difference in thermal expansion coefficients between Si and SiO2 induces a compressive stress in the SiO2 layer causing out-of-plane buckling of the membrane. This structure is found to have positive and negative stiffness regions when actuated with a transverse force. It is demonstrated that the …


Immune Responses To Vi Capsular Polysaccharide Typhoid Vaccine In Children 2 To 16 Years Old In Karachi, Pakistan, And Kolkata, India, R. Leon Ochiai, M. Imran Khan, Sajid B. Soofi, Dipika Sur, Suman Kanungo, Young Ae You, Atif Habib, Shah Muhammad Sahito, Byomkesh Manna, Camilo J. Acosta, Mohammad Ali, Sujit K. Bhattacharya, Zulfiqar A. Bhutta, John D. Clemens Jan 2014

Immune Responses To Vi Capsular Polysaccharide Typhoid Vaccine In Children 2 To 16 Years Old In Karachi, Pakistan, And Kolkata, India, R. Leon Ochiai, M. Imran Khan, Sajid B. Soofi, Dipika Sur, Suman Kanungo, Young Ae You, Atif Habib, Shah Muhammad Sahito, Byomkesh Manna, Camilo J. Acosta, Mohammad Ali, Sujit K. Bhattacharya, Zulfiqar A. Bhutta, John D. Clemens

Department of Paediatrics and Child Health

The geometric mean concentration (GMC) and the proportion maintaining a protective level (150 enzyme-linked immunosorbent assay (ELISA) units [ELU]/ml) 2 years following a single dose of 25 μg of injectable Vi capsular polysaccharide typhoid vaccine was measured against that of the control hepatitis A vaccine in children 2 to 16 years old in cluster randomized trials in Karachi and Kolkata. The GMC for the Vi group (1,428 ELU/ml) was statistically significantly different from the GMC of the control hepatitis A vaccine group (86 ELU/ml) after 6 weeks. A total of 117 children (95.1%) in the Vi group and 9 (7.5%) …


Through A Glass, Darkly: The Rhetoric And Reality Of Campaign Finance Disclosure, Jennifer A. Heerwig, Katherine Shaw Jan 2014

Through A Glass, Darkly: The Rhetoric And Reality Of Campaign Finance Disclosure, Jennifer A. Heerwig, Katherine Shaw

Articles

In Citizens United v. FEC, the Supreme Court swept away long-standing limits on corporate spending in federal elections, but it also strongly affirmed the constitutionality of robust disclosure and disclaimer requirements. In the wake of that decision, many proponents of campaign finance regulation have turned their attention to disclosure as the best remaining mechanism by which to regulate money in elections. At the same time, opponents of campaign finance regulation — including the legal team behind Citizens United — have trained their sights on disclosure, filing new challenges to existing disclosure require- ments in a number of state or federal …