Digital Commons Network^™

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 …

Market Efficiency After The Financial Crisis: It's Still A Matter Of Information Costs, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Contrary to the views of many commentators, the Efficient Capital Market Hypothesis ("ECMH"), as originally framed in financial economics, was not "disproven" by the Subprime Crisis of 2007-2008, nor has it been shown to be irrelevant to the project of regulatory reform of financial markets. To the contrary, the ECMH points to commonsense reforms in the wake of the Crisis, some of which have already been adopted. The Crisis created a lot of losers – from individual investors to pension funds and German Landesbanken – who purchased mortgage-backed securities that they did not, and perhaps could not, understand, and it …

Enantiomeric Selective Adsorption Of Amino Acid By Polysaccharide Composite Materials, Simon Duri, Chieu D. Tran

Chemistry Faculty Research and Publications

A composite containing cellulose (CEL) and chitosan (CS) synthesized by a simple and recyclable method by using butylmethylimmidazolium chloride, an ionic liquid, was found to exhibit remarkable enantiomeric selectivity toward the adsorption of amino acids. The highest adsorption capacity and enantiomeric selectivity are exhibited by 100% CS. A racemic amino acid can be enantiomerically resolved by 100% CS in about 96–120 h. Interestingly, adsorption by 50:50 CEL/CS is more similar to that by 100% CS than to 100% CEL. Specifically, whereas 100% CEL has the lowest adsorption capacity and enantiomeric selectivity, 50:50 CEL/CS has sufficient enantiomeric selectivity to enable it …

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 …

Controlled Release Kinetics In Hydroxy Double Salts: Effect Of Host Anion Structure, Stephen Majoni, Jeanne M. Hossenlopp

Chemistry Faculty Research and Publications

Nanodimensional layered metal hydroxides such as layered double hydroxides (LDHs) and hydroxy double salts (HDSs) can undergo anion exchange reactions releasing intercalated anions. Because of this, these metal hydroxides have found applications in controlled release delivery of bioactive species such as drugs and pesticides. In this work, isomers of hydroxycinnamate were used as model compounds to systematically explore the effects of anion structure on the rate and extent of anion release in HDSs. Following intercalation and subsequent release of the isomers, it has been demonstrated that the nature and position of substituent groups on intercalated anions have profound effects on …

Assembly, Structure, And Reactivity Of Cu4S And Cu3S Models For The Nitrous Oxide Reductase Active Site, CuZ*, Brittany J. Johnson, Sergey V. Lindeman, Neal P. Mankad

Chemistry Faculty Research and Publications

Bridging diphosphine ligands were used to facilitate the assembly of copper clusters with single sulfur atom bridges that model the structure of the Cu_Z* active site of nitrous oxide reductase. Using bis(diphenylphosphino)amine (dppa), a [Cu^I₄(μ₄-S)] cluster with N–H hydrogen bond donors in the secondary coordination sphere was assembled. Solvent and anion guests were found docking to the N–H sites in the solid state and in the solution phase, highlighting a kinetically viable pathway for substrate introduction to the inorganic core. Using bis(dicyclohexylphosphino)methane (dcpm), a [Cu^I₃(μ₃-S)] cluster was assembled …

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

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

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

Theses and Dissertations in Biomedical Sciences

Vemurafenib is a selective B-Raf^V600E 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) …

Effects Of Vibrotactile Display Position And Shape On Extrapersonal Localization, Adam D. Sitz

Psychology Theses & Dissertations

Vibrotactile displays are capable of conveying extrapersonal spatial information to users navigating or operating within a three-dimensional environment (e.g., aircraft pilots). Although vibrotactile displays can be applied to many parts of the body, recent applications have focused on torso-based displays that egocentrically reference distal targets. However, these displays may be poorly suited to convey elevation because of the generally cylindrical shape of the human torso. The purpose of the present study was to evaluate the relative effectiveness of handheld vibrotactile displays configured either in a cylindrical or spherical-shape as compared to a torso-based display. Due to its shape, the spherical …

Photoproduction Of Π0 On Hydrogen With Clas From 1.1 Gev - 5.45 Gev Using E+E –Γ Decay, Michael C. Kunkel

Physics Theses & Dissertations

Photoproduction of the π⁰ meson was studied using the CLAS detector at the Thomas Jefferson National Accelerator Facility using tagged incident photon energies spanning the range E_γ = 1.1 GeV - 5.45 GeV. The measurement is performed on a liquid hydrogen target in the reaction γp → pe ⁺e^–(γ). The final state of the reaction is the sum of two subprocesses for π⁰ decay, the Dalitz decay mode of π⁰ → e ⁺e^–γ and conversion mode where one photon from π⁰ → γγ decay is converted into a …

Election Law's Lochnerian Turn, Ellen D. Katz

Articles

This panel has been asked to consider whether "the Constitution [is] responsible for electoral dysfunction."' My answer is no. The electoral process undeniably falls well short of our aspirations, but it strikes me that we should look to the Supreme Court for an accounting before blaming the Constitution for the deeply unsatisfactory condition in which we find ourselves.

Feeling Another's Pain: Sympathy And Psychology Saga Style, William I. Miller

Articles

Progress is hardly a given in the humanities or the suspect sciences. In many ways we are not quite as astute as our grandparents, and they not as much as theirs, and so forth in an infinite entropic regress. Would I trade Montaigne or Stendhal’s psychological acumen for even the best work that comes from social psychology departments? In this short essay I want to show just how good some medieval people, medieval Icelanders to be exact, were at understanding the mental and emotional states of others, and if of others then presumably, though not necessarily, also of themselves. And …

Who's In Charge Of Global Finance?, Michael S. Barr

Articles

The global financial crisis caused widespread harm not just to the financial system, but also to millions of households and businesses and to the global economy. The crisis revealed substantive, fundamental weaknesses in global financial regulation and raised serious questions about whether national regulators and the international financial regulatory system could ever be up to the task of overseeing global finance. This Article analyzes post-crisis reforms with two questions in mind: First, how can we build an effective international financial architecture with more than one architect? Second, can we build a system that is legitimate and accountable? The Article suggests …

Responding To Agency Avoidance Of Oira, Nina A. Mendelson, Jonathan B. Wiener

Articles

This Article proceeds as follows: Part I provides a background of the system of presidential oversight of regulation through OIRA review. Part II analyzes: (1) the incentives for agencies to cooperate with or avoid OIRA, (2) a broad array of agency avoidance tactics, and (3) corresponding response options (especially in a repeat-player relationship). Part III argues that response options to agency avoidance should not be unquestioningly pursued or rejected. Instead, they should be evaluated using many of the same principles OIRA employs in reviewing agency regulation, including a systematic consideration of the benefits and costs of particular response actions and …

Community College Students With Psychological Disorders And Their Perceptions Of Online Learning, Gretchen Winifred Langford Warren

Educational Leadership & Workforce Development Theses & Dissertations

Research focusing on students with learning disabilities is abundant for secondary and higher education. Studies utilizing data on students with psychological disorders cover secondary and 4-year university education. However, community college students with psychological disorders and their perception of online classes is an area of educational research which lacks data. Students across a wide spectrum of psychological disorders tend to find learning challenging. The community college's learning environment may best fit their learning styles. With modem educational innovations, the online learning methods must take into consideration the unique psychosocial, cognitive, and academic needs of the community college student population.

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

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

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

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 …

High School Engineering/Technology Education Course Impact On Georgia Standardized Achievement Scores, Rodney N. Ragsdale

STEMPS Theses & Dissertations

This research explores whether a student completing a two course sequence in engineering/technology education is more successful on the Georgia High School Graduation Test (GHSGT) assessments in mathematics, science, social studies, and English/language arts. The findings provide additional insight into whether the current focus on STEM subjects (science, technology, engineering, and mathematics) could also improve student achievement in core academic areas. Student data were provided through the Georgia Department of Education database, from all public high schools in Georgia where engineering/technology education courses are taught. The school sizes ranged from the largest schools in the state (student population greater than …

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 …