Digital Commons Network^™

Torpedoing A Transaction: Economic Substance Versus Other Tax Doctrines And The Application Of The Strict Liability Penalty, Thomas C. Vanik Jr.

Cleveland State Law Review

Transactions designed to intentionally reduce one’s taxes often attract suspicion and become the subject of judicial review. To evaluate suspicious transactions, courts have developed special common-law doctrines that impose additional requirements beyond those in the Internal Revenue Code. These doctrines could be considered standard methods of fact finding or legal interpretation, yet they have taken on their own identity within court analyses with varying interpretations and applications. An examination of cases demonstrates significant overlap in the doctrines and exemplifies how the application of the doctrines adds confusion and uncertainty to tax law. Compounding on this uncertainty is the codification of …

Damage Characteristics In 3d Stitched Composites With Various Stitch Parameters Under In-Plane Tension, Arief Yudhanto, Gilles Lubineau, Isaac Aguilar Ventura, Naoyuki Watanabe, Yutaka Iwahori, Hikaru Hoshi

Mechanical and Aerospace Engineering Faculty Research & Creative Works

Three-dimensional (3D) reinforcement by stitching is effective in improving the impact resistance of composites. Stitching, however, adversely affects the composite's in-plane mechanical responses, and alters its damage mechanisms due to stitch-induced irregularities. We experimentally investigate the effect of two important stitch parameters, stitch density and thread diameter, on the damage characteristics of 3D stitched multidirectional composites under in-plane tension using X-ray radiography, X-ray micro-computed tomography and digital image correlation (DIC). Our study shows that composites stitched with thicker thread exhibit improved tensile strength due to effective hindrance of edge-delamination. We also found that stitch thread affects damage behaviors. A higher …

An Environmental Understanding Of The Local Land Use System, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article is adapted from Chapter Three of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published in 2014 by ELI Press. The book updates and expands on the author’s previous work, describing in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This Article outlines a comprehensive framework for understanding how traditional local land use authority can be used to preserve natural resources and environmental functions at the community level.

Rethinking The Childhood-Adult Divide: Meeting The Mental Health Needs Of Emerging Adults, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

Part I of this article describes ADHD and explores the extent of ADHD medication abuse, especially among young adults. Part II discusses the characteristics of emerging adults, who may be more likely than their older counterparts to make unwise decisions about medications and other life choices.34 While we protect minors by requiring parental consent for their medical treatments, emerging adults are effectively able to obtain any drug on the market if they convince the doctor that they have the requisite diagnosis. Part III explores HIPAA, the medical malpractice standard of care and the challenges associated with a society that is …

Is America Becoming A Nation Of Ex-Cons?, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Recent rates of mass incarceration have become a concern, but those rates are only part of the challenge facing (and posed by) the American criminal justice system. An estimated 25% of the U.S. adult population already has a criminal record and, with new felony convictions churning out at a rate of a million per year, America is well on its way to becoming a nation of ex-cons. Already, the ex-offender class is the nation’s biggest law-defined, legally discriminated-against minority group, and it is growing. The adverse social implications of this trend remain unclear and the critical demographic tipping point is …

Mode-Multiplexed Transmission Over Conventional Graded-Index Multimode Fibers, Roland Ryf, Nicolas K. Fontaine, H. Chen, B. Guan, B. Huang, Mina Esmaeelpour

Electrical and Computer Engineering Faculty Research & Creative Works

We present experimental results for combined mode-multiplexed and wavelength multiplexed transmission over conventional graded-index multimode fibers. We use mode-selective photonic lanterns as mode couplers to precisely excite a subset of the modes of the multimode fiber and additionally to compensate for the differential group delay between the excited modes. Spatial mode filters are added to suppress undesired higher order modes. We transmit 30-Gbaud QPSK signals over 60 WDM channels, 3 spatial modes, and 2 polarizations, reaching a distance of 310 km based on a 44.3 km long span. We also report about transmission experiments over 6 spatial modes for a …

New York City Rules! Regulatory Models For Environmental And Public Health, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Scholars have become increasingly interested in facilitating improvement in environmental and public health at the local level. Over the last few years, former New York City Mayor Michael Bloomberg and the New York City Council have proposed and adopted numerous environmental and public health initiatives, providing a useful case study for analyzing the development and success (or failure) of various regulatory tools, and offering larger lessons about regulation that can be extrapolated to other substantive areas. This Article, first, seeks to categorize and evaluate these “New York Rules,” creating a new taxonomy to understand different types of regulation. These “New …

"I Am Opposed To This Procedure": How Kafka's In The Penal Colony Illuminates The Current Debate About Solitary Confinement And Oversight Of American Prisons, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

This is the 100th anniversary of Franz Kafka's In the Penal Colony. The story brilliantly imagines a gruesome killing machine at the epicenter of a mythical prison's operations. The torture caused by this apparatus comes to an end only after the “Traveler,” an outsider invited to the penal colony by the new leader of the prison, condemns it. In the unfolding of the tale, Kafka vividly portrays how, even with the best of intentions, the mental and physical well-being of inmates will be jeopardized when total control is given to people who run the prisons with no independent oversight.

At …

Regulating Farming: Balancing Food Safety And Environmental Protection In A Cooperative Governance Regime, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

After providing a brief overview of regulation in each area, Part I of this Article identifies three types of discordance between produce safety and environmental protection on farms. First, because of limited resources, farmers will have to choose between implementing food safety practices and implementing environmental practices. Second, indirect trade-offs between the two regulatory goals result in damaging collateral consequences for the environment. Food safety regulation may exacerbate a range of existing environmental harms. Third, there is at least one direct clash that may make compliance with food safety law incompatible with participation in certain environmental programs. Part I also …

A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This article, designed as a resource for environmental law professors both domestically and abroad, addresses how environmental quality standards are created, implemented, and enforced in the United States. The answers to these questions are useful to those teaching U.S. environmental law and international scholars, especially in the European Union, who are faced with the challenge of creating new environmental quality standards under both national and EU directives. It must be noted that this project is complicated by the federal system within the country, and, thus, attention must be devoted to the federal-state relationship. In fact, the major relevant statutes, the …

Justice Scalia's Hat Trick And The Supreme Court's Flawed Understanding Of Twenty-First Century Arbitration, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

In this article, I report on the results of my close examination of more than two dozen opinions the Court has handed down interpreting the FAA--arising primarily from commercial, consumer, employment, or securities disputes--since the beginning of the twenty-first century only fifteen years ago.19 I focus on cases in which the Court was asked to decide a question of arbitrability--whether a claim is arbitrable or whether an agreement to arbitrate is enforceable under FAA section 2. I have concluded that these decisions are built on a narrative of an arbitration process that no longer exists, although it may have existed …

Environmental Privacy, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article looks to nuisance doctrine, surveillance under environmental statutes, and Fourth Amendment cases arising in implementation of fish and game laws (the hunter enforcement cases) to better understand our experience, to date, balancing the need for environmental information with privacy. Section A analyzes common law nuisance and its relationship to individual privacy concerns and concludes that the law affords little *7 value to or protection of privacy in the context of at least one type of environmental externality -- conduct that gives rise to a common law nuisance. Recognizing that most environmentally significant individual behaviors do not constitute a …

Teacher Influence On Elementary School Students’ Participation In Science, Technology, Engineering, And Mathematics, Courtney Hartman

Honors College Theses

The purpose of this study is to explore the influence of elementary school teachers on encouraging students’ interest and participation in Science, Technology, Engineering, and Mathematics. The researcher sought to understand what methods teachers use in their classrooms to encourage students to participate in STEM subjects and programs. This mixed methods study consisted of a questionnaire to collect quantitative data, as well as an interview of selected teachers who participated in the questionnaire to collect qualitative data. The data was analyzed to determine the overall perceptions of teachers regarding the importance of encouraging students to participate in STEM. The qualitative …

Trans-Amazon Drilling Project (Tadp): Origins And Evolution Of The Forests, Climate, And Hydrology Of The South American Tropics, P. A. Baker, S. C. Fritz, C. G. Silva, C. A. Rigsby, M. L. Absy, R. P. Almeida, M. Caputo, C. M. Chiessi, F. W. Cruz, C. W. Dick, S. J. Feakins, J. Figueiredo, K. H. Freeman, C. Hoorn, C. Jaramillo, A. K. Kern, E. M. Latrubesse, M. P. Ledru, A. Marzoli, A. Myrbo, A. Noren, W. E. Piller, M. I. F. Ramos, C. C. Ribas, R. Trnadade, A. J. West, I. Wahnfried, D. A. Willard

Department of Earth and Atmospheric Sciences: Faculty Publications

This article presents the scientific rationale for an ambitious ICDP drilling project to continuously sample Late Cretaceous to modern sediment in four different sedimentary basins that transect the equatorial Amazon of Brazil, from the Andean foreland to the Atlantic Ocean. The goals of this project are to document the evolution of plant biodiversity in the Amazon forests and to relate biotic diversification to changes in the physical environment, including climate, tectonism, and the surface landscape. These goals require long sedimentary records from each of the major sedimentary basins across the heart of the Brazilian Amazon, which can only be obtained …

Polarimetric Tornadic Debris Signature Variability And Debris Fallout Signatures, Matthew S. Van Den Broeke

Department of Earth and Atmospheric Sciences: Faculty Publications

Values of polarimetric radar variables may vary substantially between and through tornadic debris signature (TDS) events. Tornadoes with higher intensity ratings are associated with higher average and extreme values of reflectivity factor at horizontal polarization ZHH and lower values of copolar cross-correlation coefficient rhv. Although values of these variables often fluctuate through reported tornado life cycles, ZHH repeatably decreases and rhv repeatably increases across the volume scan immediately following reported tornado demise. Land cover has a relatively small effect on values of the polarimetric variables within TDSs, although near-radar urban TDSs may exhibit relatively high ZHH values. TDS areal extent …

Girder Load Distribution For Seismic Design Of Integral Bridges, Justin Vander Werff, Sri Sritharan

Faculty Work Comprehensive List

Current seismic design practice related to integral bridge girder-to-cap beam connections allows little or no lateral seismic load to be distributed beyond the girders immediately adjacent to the column. However, distribution results from several large-scale tests have shown that the distribution of column seismic moment typically engages all the girders. An approach utilizing simple stiffness models to predict distribution in integral bridge structures is presented in detail; distribution predictions based on grillage analyses also are compared. The experimental results and the analytical results from the stiffness and grillage models show that current design methods related to vertical load distribution are …

Once More Unto The Breach?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Herd Immunity And Immunization Policy: The Importance Of Accuracy, Dorit Rubenstein Reiss

Faculty Scholarship

No abstract provided.

Vaccines, School Mandates, And California's Right To Education, Dorit Rubenstein Reiss

Faculty Scholarship

No abstract provided.

Framing The Question, "Who Governs The Internet?", Robert J. Domanski

Publications and Research

There remains a widespread perception among both the public and elements of academia that the Internet is “ungovernable”. However, this idea, as well as the notion that the Internet has become some type of cyber-libertarian utopia, is wholly inaccurate. Governments may certainly encounter tremendous difficulty in attempting to regulate the Internet, but numerous types of authority have nevertheless become pervasive. So who, then, governs the Internet? This book will contend that the Internet is, in fact, being governed, that it is being governed by specific and identifiable networks of policy actors, and that an argument can be made as to …

Proceedings Of The 2nd Annual Cuny Games Festival, Robert O. Duncan, Joe Bisz, Francesco Crocco, Carlos Hernandez, Kathleen Offenholley, Maura A. Smale, Deborah Sturm, Cuny Games Network

Publications and Research

Proceedings of the CUNY Games Conference, held from January 16-17, 2015, at the CUNY Graduate Center and Borough of Manhattan Community College.

Health Games - Language and Composition - Design: Classroom Considerations - Games in the Physical Environment - Games and Behavioral Science - Play, Politics & Economics - Gaming Curricula, Disciplines & Programs - Gaming and History - Institutional Programming with Games - Philosophy and Roleplaying - Ed. Game Design: Strategy & Tactics - Repurposing Game Genres - Narrative, Storytelling & Games - Community & Social Justice - Extemporaneity - Personal & Social Transformation - Cognition, Design & Play …

Comunidades Y Relatos Del Libro En América Latina, Fernando Degiovanni

Publications and Research

No abstract provided.

Rethinking The Dissertation: Opportunities Created By Emerging Technologies, Katina Rogers

Publications and Research

This is a position paper for a workshop convened by the Council of Graduate Schools on rethinking the dissertation. In it, I reflect on what new technologies enable us to do with this critical milestone in graduate study. My main argument is that while the affordances of specific technologies can be exciting, more important is the shift toward collaborative, creative, accessible, and public-facing scholarly work that today’s digital platforms allow.

You Know What You Write, But Do You Know Your Rights? Understanding And Protecting Your Rights As An Author, Jill Cirasella

Publications and Research

When you publish a journal article, you sign a copyright or licensing agreement. Do you know what you’re agreeing to when you sign it?

Different journals have different policies: Some journals require you to relinquish your copyright. (You then have to ask permission or even pay to share your article with students and colleagues!) Some journals allow you to retain some rights (e.g., the right to post online). Some journals leave copyright in your hands. (You simply give the journal a non-exclusive license to publish the article.)

How can you find out a journal’s policy? How can you negotiate your …

Imperatives In Informal Organizational Resource Exchange In Central Europe, David Jancsics

Publications and Research

This paper challenges the mainstream social scientific approach that emphasizes “moral inferiority” in corruption and bribery in Central and Eastern Europe. We argue that in many cases, people participate in informal organizational resource exchanges not because of immorality or greed but rather because of powerful external forces. By using the case of contemporary Hungary to support this argument, this paper provides a systematic analysis of such imperatives. The findings of 50 in-depth qualitative interviews suggest that two main imperatives can be distinguished; macro-level social and meso-level organizational forces. Macro-level forces may be linked to historical paths, Hungary's socialist and pre- …

A Qualitative Study Of Stress In Individuals Self-Employed In Solo Businesses, Irvin Sam Schonfeld, Joseph J. Mazzola

Publications and Research

This qualitative study involved 54 individuals who were self-employed in a variety of solo businesses. All participants were administered a semistructured interview that inquired into various aspects of their work experience with the data subject to reliability and validity checks. The study identified stressful incidents, coping strategies, and emotional strains arising from those stressful incidents. Uncertainty about income was a common background stressor. Recent specific stressors included dramatic slowdowns in business, reputational threat, betrayal, unreasonable customers, and medical problems. Commonly occurring strains included apprehension/anxiety, frustration, anger, and sadness/depression. The self-employed used problem-focused coping much more often than emotion-focused coping. We …

Specters Of Kurdish Nationalism: Governmentality And Counterinsurgent Translation In Turkey, Nicholas S. Glastonbury

Publications and Research

This essay examines translations of the Kurdish epic poem Mem û Zîn into Turkish, tracing the logics behind these state-sponsored translations and examining how acts of translation are also efforts to regulate, translate, and erase Kurdish subjectivities. I argue that the state instrumentalizes Mem û Zîn’s potent nationalist currency in order to disarm present and future claims of Kurdish national autonomy. Using translation as a counterinsurgent governmental tool, the state attempts to domesticate Kurdish nationalist discourses even as it reproduces them, thereby transforming Kurdish nationalism into a specter of itself. Attending to this specter, however, allows us to see how …

Primitive At The Plantation's Edge, Robert F. Reid-Pharr

Publications and Research

There comes a time when the only thing that one can do is admit defeat. Standing at the tail end of a Black Studies movement established as part of the articulation of anti-segregationist, anti-colonialist African and African American political and cultural insurgencies, one is made painfully aware of a sort of necessary and inevitable social and professional marginalization structuring the everyday existence of the so-called black scholar. The broadly imagined ethical outlines of even the most valued projects of black intellectualism continue as ornamental, overly moralistic, never quite fully valid aspects of the industry / government / education complex that …

Automated Computation Of Scattering Amplitudes From Integrand Reduction To Monte Carlo Tools, Hans Van Deurzen, Gionata Luisoni, Pierpaolo Mastrolia, Giovanni Ossola, Zhibai Zhang

Publications and Research

After a general introduction about the calculation of one-loop scattering amplitudes via integrand-level techniques, which led to the construction of efficient and automated computational tools for NLO predictions, we briefly describe an approach to the reduction of scattering amplitudes based on integrand-level reduction via multivariate polynomial division also applicable beyond one-loop amplitudes. We also review the main features of the GoSam 2.0 automated framework for NLO calculations and show some of its application to Standard Model processes involving the production massive particles, such as the Higgs boson or top-quark pairs, obtained embedding of the virtual amplitudes produced by GoSam within …

Non-Planar On-Shell Diagrams, Sebastían Franco, Daniele Galloni, Brenda Penante, Congkao Wen

Publications and Research

We initiate a systematic study of non-planar on-shell diagrams in N = 4 SYM and develop powerful technology for doing so. We introduce canonical variables generalizing face variables, which make the d log form of the on-shell form explicit. We make significant progress towards a general classification of arbitrary on-shell diagrams by means of two classes of combinatorial objects: generalized matching and matroid polytopes. We propose a boundary measurement that connects general on-shell diagrams to the Grassmannian. Our proposal exhibits two important and non-trivial properties: positivity in the planar case and it matches the combinatorial description of the diagrams in …