Digital Commons Network^™

Licensing Commercial Value: From Copyright To Trademarks And Back, Jane C. Ginsburg

Faculty Scholarship

Copyright and trademarks often overlap, particularly in visual characters. The same figure may qualify as a pictorial, graphic or sculptural work on the one hand, and as a registered (or at least used) trademark on the other. The two rights, though resting on distinct foundations, tend to be licensed together. Trademarks symbolize the goodwill of the producer, and are protected insofar as copying that symbol is likely to confuse consumers as to the source or approval of the goods or services in connection with which the mark is used. For famous marks, the dilution action grants a right against uses …

Rethinking Jacob & Youngs V. Kent, Victor P. Goldberg

Faculty Scholarship

Most living lawyers have run into Jacob & Youngs, Inc. v. Kent in their legal education. It has long been a staple in Contracts casebooks. While the result has been widely applauded, in recent years there has been some push-back. Professor Kenneth Ching has recently criticized both Cardozo’s argument and the result. Professor Robert Scott in a number of papers, some coauthored, has also concluded that the result was wrong. Yet given the state of New York law at the time Cardozo’s result was correct. Moreover, I will argue, the outcome is one that parties would adopt today. Ironically, despite …

Developing Student, Family, And School Constructs From Nlts2 Data, Karrie A. Shogren, Mauricio Garnier-Villarreal

School of Dentistry Faculty Research and Publications

The purpose of this study was to use data from the National Longitudinal Transition Study–2 (NLTS2) to (a) conceptually identify and empirically establish student, family, and school constructs; (b) explore the degree to which the constructs can be measured equivalently across disability groups; and (c) examine latent differences (means, variances, and correlations) in the constructs across disability groups. Conceptual analysis of NLTS2 individual survey items yielded 21 student, family, and school constructs, and 16 were empirically supported. Partial strong metric invariance was established across disability groups, and in the latent space, a complex pattern of mean and variance differences across …

Consent Searches And Fourth Amendment Reasonableness, Alafair Burke

Hofstra Law Faculty Scholarship

This Article builds on a growing body of scholarship discussing the role of reasonableness in consent-search doctrine. Although the language of “voluntary consent” implies a subjective inquiry into the state of mind of the person granting consent, the U.S. Supreme Court has repeatedly injected an objective standard of reasonableness into its analysis of a citizen’s consent. Several scholars have characterized the Court’s consent jurisprudence as focusing not on true voluntariness but on the reasonableness of police conduct, which they argue is appropriate because the touchstone of the Fourth Amendment is “reasonableness.” While the renewed scholarly focus on the role of …

Asset Preservation And The Evolving Role Of Trusts In The Twenty-First Century, Jay A. Soled, Mitchell Gans

Hofstra Law Faculty Scholarship

For the vast majority of the twentieth century, trusts served two pivotal roles. The first was as a vehicle to help mitigate federal and state estate tax burdens, the rates of which could be quite significant. The second was to assist in asset preservation, safeguarding trust beneficiaries from their profligacy, former spouses, creditors, and the like.

At the start of the twenty-first century, Congress passed legislation that curtailed the impact of the federal estate tax, and many state legislatures have followed suit, either eliminating or significantly reducing their estate taxes. As a result of these legislative changes, trust instrument reliance …

Reclaiming Mediation’S Future: Re-Focusing On Party Self-Determination, Robert A. Baruch Bush

Hofstra Law Faculty Scholarship

No abstract provided.

Unhealthy Determinations: Controlling "Medical Necessity", Janet L. Dolgin

Hofstra Law Faculty Scholarship

The notion of medical necessity has been the operative tool through which healthcare coverage determinations in the United States have been rendered and justified. Now, for most people, decisions about coverage translate into decisions about healthcare since few people can afford to pay for their own healthcare. The notion of medical necessity constitutes a necessary component of any healthcare system that is committed to providing high-quality healthcare at a sustainable cost. In practice, however, reliance on medical necessity to determine healthcare coverage is only as productive as the larger health care system within which medical necessity determinations occur. Definitions of …

Intellectual Property And The Presumption Of Innocence, Irina D. Manta

Hofstra Law Faculty Scholarship

Our current methods of imposing criminal convictions on defendants for copyright and trademark infringement are constitutionally defective. Previous works have argued that due process under the Sixth Amendment requires prosecutors to prove every element of a crime beyond a reasonable doubt, including the jurisdictional element. Applying this theory to criminal trademark counterfeiting results in the conclusion that prosecutors should have to demonstrate that an infringing mark needs to have traveled in or affected interstate commerce, which currently is not mandated. Parallel to this construction of the Commerce Clause, criminal prosecutors would also have to prove that Congress has the power …

Institute For Veterans And Military Families: Annual Report 2015, Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This report overviews the accomplishments of the IVMF during 2014-2015.

Erupted Complex Odontoma Mimicking A Mandibular Second Molar, Luis Eduardo Almeida, M. O. Andrade, M. A. De Oliveira Filho, Paula C. Trevilatto, Andrea Doetzer

School of Dentistry Faculty Research and Publications

Complex odontoma (CO) is considered one of the most common odontogenic lesions, composed by a miscellaneous of dental tissue such as enamel, dentin, pulp and sometimes cementum. They may interfere with the eruption of an associated tooth, being more prevalent in the posterior mandible. CO has been rarely reported as erupted, being considered an intraosseous lesion. This is a case report of a 17-year-old male with a benign fibro-osseous lesion consistent with CO that was located at the left second molar region, above the crown of the impacted mandibular second molar tooth. The lesion was surgically removed, and the tooth …

Moving Forward, Looking Back: A Retrospective On Sexual Harassment Law, Joanna L. Grossman

Hofstra Law Faculty Scholarship

The history of sexual harassment law─which I have occasion to consider as part of this symposium on the fiftieth anniversary of Title VII─can be divided, if not neatly, into three eras. The 1970s was home to the emergence of consciousness about the frequency and harm of sexually harassing behaviors in the workplace─and a name to describe them. The 1980s and 1990s saw the development and embrace of a theoretical understanding of sexual harassment as a form of discrimination, outlined in Catharine MacKinnon's path-breaking 1979 book, The Sexual Harassment of Working Women, and the development of a comprehensive set of …

The New York Llc Act At Twenty: Is Piercing Still 'Enveloped In The Midst Of Metaphor'?, Miriam R. Albert

Hofstra Law Faculty Scholarship

Twenty years ago, the New York Limited Liability Company Law was enacted, including § 609(a), which explicitly disclaims liability of members, managers, and agents for the debts and obligations of the LLC. However, New York courts have held that this limitation on liability is not absolute, and certain conduct on the part of the owners can erode the liability shield. The statute provides that the members will not have personal liability for LLC debts solely because of their role as owners in the LLC. The statute does not say that members will never have liability, just that any liability will …

Why Do Law Students Want To Become Tax Lawyers?, Linda Galler

Hofstra Law Faculty Scholarship

The paper lays out a list of reasons why law students develop an interest in tax law. It is part of a compendium of papers commemorating the 75th anniversary of the American Bar Association Section of Taxation. It is written to provide law students with guidance concerning their choice of career and practicing attorneys with a bit of nostalgia.

Librarian Director As Manager Of Union Employees, Courtney L. Selby

Hofstra Law Faculty Scholarship

Over the past 5 years, directors of law libraries have been retiring at a rapid rate and this pace is only increasing. As a result, many new law library directors may have relatively little exposure to a director’s responsibilities before assuming the role. Academic Law Library Director Perspectives: Cases and Insights is a valuable guide and learning tool for any prospective or new law library director looking to learn the ins and outs of the position. Each chapter starts with a case study to provide a realistic context in which to examine the subject, followed by analysis and commentary by …

Effect Of Additives On Mineral Trioxide Aggregate Setting Reaction Product Formation, Angela M. Zapf, Sharath C.V. Chedella, David W. Berzins

School of Dentistry Faculty Research and Publications

Introduction

Mineral trioxide aggregate (MTA) sets via hydration of calcium silicates to yield calcium silicate hydrates and calcium hydroxide (Ca[OH]₂). However, a drawback of MTA is its long setting time. Therefore, many additives have been suggested to reduce the setting time. The effect those additives have on setting reaction product formation has been ignored. The objective was to examine the effect additives have on MTA's setting time and setting reaction using differential scanning calorimetry (DSC).

Methods

MTA powder was prepared with distilled water (control), phosphate buffered saline, 5% calcium chloride (CaCl₂), 3% sodium hypochlorite (NaOCl), or …

Through The Looking Glass To A Shared Reflection: The Evolving Relationship Between Administrative Law And Financial Regulation, Gillian E. Metzger

Faculty Scholarship

Administrative law and financial regulation have an uneasy relationship today. It was not always so. Indeed, the two were closely intertwined at the nation's birth. The Treasury Department was a major hub of early federal administration, with Alexander Hamilton crafting the first iterations of federal administrative law in his oversight of revenue generation and customs collection. One hundred and fifty years later, administrative law and financial regulation were conjoined in the New Deal's creation of the modern administrative state. This time it was James Landis, Chair of the newly formed Securities and Exchange Commission (SEC) and author of the leading …

Appointments, Innovation, And The Judicial-Political Divide, Gillian E. Metzger

Faculty Scholarship

The federal appointments process is having its proverbial day in the sun. The appointment and removal of federal officers figured centrally in the Supreme Court's two major recent separation-of-powers decisions, Free Enterprise Fund v. Public Company Accounting Oversight Board and National Labor Relations Board v. Noel Canning. The appointments process has featured even more prominently in the political sphere, figuring in a number of congressional-presidential confrontations. Such simultaneous top billing in the judicial and political spheres is hardly coincidental. After all, it was President Obama's use of the Recess Appointments Clause in response to pro forma sessions that triggered …

Monroe Freedman: Servant Leader, Bridge Builder, Susan Saab Fortney

Faculty Scholarship

Without question, Monroe was dedicated to serving others, wholeheartedly committed to helping clients and community members achieve their potential. As many have attested, Monroe epitomized the servant leader who freely gives time and support to others. I hope that the many people whom Monroe touched will continue to be sustained by Monroe’s ethic of service.

The Challenge Of Using Electronic Resources To Solve Ill-Structured Legal Problems, Stefan H. Krieger

Hofstra Law Faculty Scholarship

No abstract provided.

Intellectual Property Infringement As Vandalism, Irina D. Manta, Robert E. Wagner

Hofstra Law Faculty Scholarship

Defenders of strong intellectual property rights often maintain that intellectual property infringement is theft and that the sanctions associated with it ought to be high. Others are skeptical of the property comparison and think that much lower sanctions are appropriate.

In this Article, we argue that a careful analysis demonstrates: 1) that intellectual property infringement can be analogized to a property crime, but 2) that the more analogous crime is vandalism or trespass rather than theft. This categorization takes the rhetorical punch out of the property comparison. In addition to analyzing the natures of the various offenses, this Article investigates …

Changing The School To Prison Pipeline: Integrating Trauma Informed Care In The New York City School System, In Collected Essays Impact: Threat Of Economic Inequality, Ellen Yaroshefsky, Anna Shwedel

Hofstra Law Faculty Scholarship

No abstract provided.

No Execution If Four Justices Object, Eric M. Freedman

Hofstra Law Faculty Scholarship

I. DRIVING A NAIL WITH A SCREWDRIVER IN CAPITAL CASES

Today’s Supreme Court defines its role as choosing from the thousands of cases pressed upon it annually those very few that will best serve as vehicles for the resolution of legal issues of general importance.

1. A. Ordinary Cases

(1) The necessary consequence is that some litigants will seek review and fail to attain it for reasons having nothing to do with the merits of their claims (e.g., the Court desires to have the issue percolate for a while in the lower courts or in the public arena), and will find …

Trotting Out The White Horse: How The S.E.C. Can Handle Bitcoin’S Threat To American Investors, J. Scott Colesanti

Hofstra Law Faculty Scholarship

Bitcoin has entered the kingdom to stay, yet few are willing to shield its most likely victims.

The cryptocurrency is a mysterious amalgam of technology, transparency, and secrecy. Despite its initial mission of bypassing commercial fees, the currency alternative, presently valued at over $400 a coin, is a more likely candidate for hoarding and speculation. Surprisingly, while its brazen use to facilitate money laundering and drug purchases have been met with prosecution and headlines, Bitcoin’s everyday rapidly growing appeal to investors has been left largely unaddressed.

As an investment, Bitcoin’s chief marketing tool appears to be conversion mechanisms declaring themselves …

Lgbtq Relationships, Barbara J. Stark

Hofstra Law Faculty Scholarship

Perhaps nowhere in family law is this evolution more dramatic than in the burgeoning recognition of rights of lesbian, gay, bisexual, transgendered, and questioning (LGBTQ) couples. Within the past twenty- five years courts, legislatures, and international bodies have addressed the extent to which rights and obligations formerly reserved to heterosexual married spouses should be conferred on other partners.

Most western democracies now recognize same- sex unions, assuring the partners in such unions a range of rights and benefits, similar to but distinct from the rights and benefits enjoyed by married couples. Part A of this Chapter describes the legal mechanisms …

On Bargaining For Development, Timothy M. Mulvaney

Faculty Scholarship

In his recent article, Bargaining for Development Post-Koontz, Professor Sean Nolon concludes that the Supreme Court’s recent ill-defined expansion of the circumstances in which land use permit conditions might give rise to takings liability in Koontz v. St. John’s River Water Management District will chill the state’s willingness to communicate with permit applicants about mitigation measures. He sets out five courses that government entities might take in this confusing and chilling post-Koontz world, each of which leaves something to be desired from the perspective of both developers and the public more generally.

This responsive essay proceeds in two parts. First, …

De Novo Protein Structure Modeling And Energy Function Design, Lin Chen

Computer Science Theses & Dissertations

The two major challenges in protein structure prediction problems are (1) the lack of an accurate energy function and (2) the lack of an efficient search algorithm. A protein energy function accurately describing the interaction between residues is able to supervise the optimization of a protein conformation, as well as select native or native-like structures from numerous possible conformations. An efficient search algorithm must be able to reduce a conformational space to a reasonable size without missing the native conformation. My PhD research studies focused on these two directions.

A protein energy function—the distance and orientation dependent energy function of …

Modeling And Simulation Of Molecular Couette Flows And Related Flows, Wei Li

Mathematics & Statistics Theses & Dissertations

In this thesis, molecular Couette flow is clearly defined and the modeling and simulation of this kind of flow is systematically investigated. First, the integral equations for the velocity of gaseous Couette flow and related flows are derived from linearized Boltzmann BGK equation with Maxwell boundary condition and solved with high precision by using Chebyshev collocation and chunk-based collocation methods. The velocity profiles of gaseous Couette flows and related flows with a wide range of Knudsen number and the Maxwell boundary condition of various accommodation ratios are obtained. Moreover, the order of convergence of the numerical methods is also discussed …

Influence Of Learner Factors On Soldier Attitude Toward Army Serious Gaming, Mitchell L. Bonnett

STEMPS Theses & Dissertations

This study determined the influence of the learner factors on Soldier attitudes toward the use of serious gaming for U.S. Army training and leader development. It extended Selwyn's work (Selwyn, 1997a, 1997b, 2003, 2004, 2006, 2013; Selwyn, Gorard, Furlong, & Madden, 2003) identifying or measuring attitude toward using a technology and Bonanno and Kommers (2008) work extending Selwyn's work to measure the influence of learner factors on those attitude components toward the use of Army serious gaming for instructional purposes. The population studied was 709 Active duty U.S. Army Soldiers.

This quantitative non-experimental descriptive research design methodology used a 21-item …

Correcting The Record Regarding Therestatement Of Property’S Slayer Rulein The Brooklyn Law Review’Ssymposium Issue On Restatements, Lawrence W. Waggoner, John H. Langbein

Articles

In 2014, the Brooklyn Law Review published a symposium issue on Restatements of the Law. The organizer of the symposium, Professor Anita Bernstein, did not afford an opportunity for Restatement reporters to comment on the articles. The organizer did invite the Director of the American Law Institute, Lance Liebman, to contribute an essay commenting on the symposium as a whole. Liebman’s essay—unintentionally no doubt—misstated the position that we took in formulating the slayer rule for the Restatement (Third) of Property: Wills and Other Donative Transfers. Liebman’s misstatement—that we recommended that the Institute adopt a rule allowing a murderer to inherit …

Frequency And Mortality Associated With Hyperglycemia In Critically Ill Children, Sabeen Abid Khan, Mohsina Noor Ibrahim, Anwarul Haque

Department of Paediatrics and Child Health

Objective: To determine the frequency of hyperglycemia in critically ill children admitted in PICU of a tertiary care hospital of Karachi and to compare the mortality of critically ill children with and without hyperglycemia.

Study Design: Cross-sectional study.

Place and Duration of Study: Paediatrics Intensive Care Unit (PICU) of National Institute of Child Health (NICH), Karachi, from November 2011 to April 2012.

Methodology: One hundred fifty critically ill children admitted to PICU were included. Patients who had fasting blood sugar levels more than 126 mg/dl within 48 hours of admission were included in the hyperglycemic group. The normoglycemic and hyperglycemic …