Digital Commons Network^™

“Ev’Ry American Experiment Sets A Precedent”: Why One Florida State Court’S Bitcoin Opinion Is Everyone’S Business, Allison Caffarone, Meg Holzer

Scholarly Works

Part I of this article seeks to explain in largely non-technical terms the design of the Bitcoin network. Part II explains the guidance and administrative rulings provided by the United States Department of the Treasury's Financial Crimes Enforcement Network in relation to the issues in the Espinoza case. Additionally, Part II surveys different approaches taken by state legislatures and regulators in seeking to address decentralized virtual currencies, including bitcoin. Careful attention is paid to how the terms "monetary value" and "virtual currency" are defined, and how those definitions have been interpreted. Part II further explores the differences in the way …

More Wobble: Daniel Dennett's Elbow Room Unscrambled, Patsy Cadareanu

Theses

Through the use of the seemingly endless metaphors in his books Elbow Room (1984), Brainstorms (1978) and Freedom Evolves (2002), Daniel Dennett is able to construct a coherent stance on what it means to be morally responsible in a world that may or may not be determined. This paper explores Dennett’s notion of responsibility and its implications. Determinism is the doctrine that all events are necessitated by previous events which have caused the only possible future. In contrast, indeterminism is the idea that events do not come about through necessity. Indeterminism is often thought of as ‘freedom,’ but this is …

Love Sip, Tianshu Liu

Theses

Love Sip is an animated graduate thesis film. The entire film, including the credits, is 4 minutes 58 seconds long. The premier of the film occurred in December 2015 in the School of Film and Animation’s end of semester screenings at Rochester Institute of Technology.

The story takes place in a vending machine. The main characters are a bottle of Soda and a bottle of Juice. They fall in love and try to escape from the vending machine. Their journey is challenging, action packed, and with the promise that their love for each will survive.

Love Sip is a 3D …

Extreme Contrast Enchantment Of An All-Optical And Gate, Saif Al Graiti

Theses

We experimentally demonstrate a 31.2-dB-contrast all-optical AND gate based on a Fabry-Pérot semiconductor optical amplifier (SOA). Typically, cross phase modulation is the dominant nonlinearity as it shifts a FPSOA resonance to trigger the AND-gate functionality. Cross polarization modulation (XPolM) is introduced here to produce a distinct output SOP for the high-state power that is different from the low-state power. A linear polarizer is used to block the low-state power to enhance the contrast by 24 dB, far exceeding previous demonstrations for such FPSOA gates.

Neural Crest Cell-Autonomous Roles Of Fibronectin In Cardiovascular Development., Xia Wang, Sophie Astrof

Department of Medicine Faculty Papers

The chemical and mechanical properties of extracellular matrices (ECMs) modulate diverse aspects of cellular fates; however, how regional heterogeneity in ECM composition regulates developmental programs is not well understood. We discovered that fibronectin 1 (Fn1) is expressed in strikingly non-uniform patterns during mouse development, suggesting that regionalized synthesis of the ECM plays cell-specific regulatory roles during embryogenesis. To test this hypothesis, we ablated Fn1 in the neural crest (NC), a population of multi-potent progenitors expressing high levels of Fn1. We found that Fn1 synthesized by the NC mediated morphogenesis of the aortic arch artery and differentiation of NC cells into …

Anonymization And Risk, Ira S. Rubinstein, Woodrow Hartzog

Faculty Scholarship

Perfect anonymization of data sets that contain personal information has failed. But the process of protecting data subjects in shared information remains integral to privacy practice and policy. While the deidentification debate has been vigorous and productive, there is no clear direction for policy. As a result, the law has been slow to adapt a holistic approach to protecting data subjects when data sets are released to others. Currently, the law is focused on whether an individual can be identified within a given set. We argue that the best way to move data release policy past the alleged failures of …

Class-Based Affirmative Action, Or The Lies That We Tell About The Insignificance Of Race, Khiara Bridges

Faculty Scholarship

This Article conducts a critique of class-based affirmative action, identifying and problematizing the narrative that it tells about racial progress. The Article argues that class-based affirmative action denies that race is a significant feature of American life. It denies that individuals - and groups - continue to be advantaged and disadvantaged on account of race. It denies that there is such a thing called race privilege that materially impacts people’s worlds. Moreover, this Article suggests that at least part of the reason why class-based affirmative action has been embraced by those who oppose race-based affirmative action is precisely because it …

International Cooperation To Improve Access To And Sustain Effectiveness Of Antimicrobials, Christine Årdal, Kevin Outterson, Steven Hoffman, Abdul Ghafur, Mike Sharland, Nisha Ranganathan, Richard Smith, Anna Zorzet, Jennifer Cohn, Didier Pittet, Nils Daulaire, Chantal Morel, Zain Rizvi, Manica Balasegaram, Osman Dar, David Heymann, Alison Holmes, Luke Moore, Ramanan Laxminarayan, Marc Mendelson, John-Arne Røttingen

Faculty Scholarship

Securing access to effective antimicrobials is one of the greatest challenges today. Until now, efforts to address this issue have been isolated and uncoordinated, with little focus on sustainable and international solutions. Global collective action is necessary to improve access to life-saving antimicrobials, conserving them, and ensuring continued innovation. Access, conservation, and innovation are beneficial when achieved independently, but much more effective and sustainable if implemented in concert within and across countries. WHO alone will not be able to drive these actions. It will require a multisector response (including the health, agriculture, and veterinary sectors), global coordination, and financing mechanisms …

Law And Project Finance, Krishnamurthy V. Subramanian, Frederick Tung

Faculty Scholarship

We investigate Project Finance as a private response to inefficiencies created by weak legal protection of outside investors. We offer a new illustration that law matters by demonstrating that for large investment projects, Project Finance provides a contractual and organizational substitute for investor protection laws. Project Finance accomplishes this by making cash flows verifiable through two mechanisms: (i) contractual arrangements made possible by structuring the project within a single, discrete entity legally separate from the sponsor; and (ii) private enforcement of these contracts through a network of project accounts that ensures lender control of project cash flows. Comparing bank loans …

After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien

Faculty Scholarship

This paper examines the recent U.S. Supreme Court retiree health care decision in Tackett v. M & G Polymers and focuses, in particular, on the ostensibly odd silence with respect to a critical contract term — whether the parties in fact agreed that these benefits were vested. Although the union in Tackett insisted these welfare benefits were clearly intended to vest and the employer now asserts they can be modified at any time, the collective bargaining agreement and supporting documents are ambiguous on this question. This paper examines how and why this “silence” persisted for so many decades and concludes …

The Right To Silence V. The Fifth Amendment, Tracey Maclin

Faculty Scholarship

This paper concerns a well-known, but badly misunderstood, constitutional right. The Fifth Amendment to the Constitution guarantees, inter alia, that no person “shall be compelled in any criminal case to be a witness against himself.” For the non-lawyer, the Fifth Amendment protects an individual’s right to silence. Many Americans believe that the Constitution protects their right to remain silent when questioned by police officers or governmental officials. Three rulings from the Supreme Court over the past twelve years, Chavez v. Martinez (2003), Berghuis v. Thomkpins (2010) and Salinas v. Texas (2013), however, demonstrate that the “right to remain silent” that …

Anthony Amsterdam's Perspectives On The Fourth Amendment, And What It Teaches About The Good And Bad In Rodriguez V. United States, Tracey Maclin

Faculty Scholarship

Anthony Amsterdam’s article, Perspectives On The Fourth Amendment is one of the best, if not the best, law review article written on the Fourth Amendment. Thus, Minnesota Law Review on its hundredth anniversary fittingly recognizes and honors Professor Amsterdam’s article in its Symposium edition, “Standing on the Shoulders of Giants: Celebrating 100 Volumes of the Minnesota Law Review.” I am flattered that the Law Review invited me to participate in this Symposium.
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/="/">Specifically, my article connects two perspectives from Amsterdam’s article — the Fourth Amendment’s concern with discretionary police power and the Framers’ vision of the Fourth Amendment …

A Study On Immigrant Activism, Secure Communities, And Rawlsian Civil Disobedience, Karen Pita Loor

Faculty Scholarship

This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls’ theory of civil disobedience and posits that this immigrant resistance contributed to that administration’s dismantling the federal program by progressively moving localities, and eventually whole states, to cease cooperation with SCOMM. The controversial SCOMM program is one of the most powerful tools of immigration enforcement in the new millennium because it transforms any contact with state and local law enforcement into a potential immigration investigation. SCOMM has now been revived through …

Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich

Faculty Scholarship

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be …

Insights From Psychology: Teaching Behavioral Legal Ethics As A Core Element Of Professional Responsibility, Tigran W. Eldred

Faculty Scholarship

The field of behavioral legal ethics—which draws on a large body of empirical research to explore how subtle and often unconscious psychological factors influence ethical decision-making by lawyers—has gained significant attention recently, including by many scholars who have called for a pedagogy that incorporates behavioral lessons into the professional responsibility curriculum. This Article provides one of the first comprehensive accounts of how law teachers can meet this challenge. Based on an approach that employs a variety of experiential techniques to immerse students in the contextual and emotional aspects of legal practice, it provides a detailed model of how to teach …

Big Legal History And The Hundred Year Test, David J. Seipp

Faculty Scholarship

The generation of legal historians working in the opening decades of the twenty-first century have an opportunity to use digital technology to bring the sources of legal history to a wider audience of scholars and to facilitate the research of future scholars for many generations to come. I say this because, commencing in 1999, I compiled a searchable database of identifying information about and content of the 22,318 reports in the Year Books, cases decided in England's courts of common law between 1268 and 1535. With the generous support and sponsorship of the Ames Foundation, my database has become an …

First-Episode Of Synthetic Cannabinoid-Induced Psychosis In A Young Adult, Successfully Managed With Hospitalization And Risperidone, Aaron Roberto, Aileen Lorenzo, Jonathan Young, Abhishek Mohan, Subhash Pinnaka, Kyle Lapidus

NYMC Residents/Fellows Publications

Synthetic cannabinoids- (SCs-) induced psychosis is a growing public health concern. It leads to significant impairment, including emotional distress, difficulty communicating, and other debilitating symptoms. In this case report, we discuss a patient with no previous history of psychotic symptoms, presenting with first-episode psychosis in the context of progressive, acutely worsening, disorganized, psychotic thoughts and behaviors following prolonged use of SCs. We also discuss relevant literature on SCs-induced psychosis, highlighting its prevalence, presentation, diagnosis, and recommended management. It is important to diagnose and treat SCs-induced psychosis as early and efficiently as possible, in order to alleviate symptoms while limiting functional …

Lessons From U.S. Coastal Wind Pools About Climate Finance And Politics, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Federalism Form And Function In The Detroit Bankruptcy, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Comparative Perspectives On Strategic Remedial Delays, Holning S. Lau

Faculty Publications

No abstract provided.

Contract Law And Ukraine's $3 Billion Debt To Russia, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

Rethinking Victim-Based Statutory Sentencing Enhancements, Kevin Bennardo

Faculty Publications

No abstract provided.

The Environmental, Democratic, And Rule-Of-Law Implications Of Harper's Environmental Assessment Legacy, Jocelyn Stacey

All Faculty Publications

The article argues that Harper’s dramatic changes to federal environmental assessment give rise to a two-dimensional legacy in environmental law: first, a legacy of impoverished environmental decision-making that reflects a narrow, resource-oriented vision of the environment, and second, a legacy of undermining democratic and rule-of-law values in environmental law. The crux of this latter legacy is the argument that environmental assessment law provides an essential framework for publicly-justified decision-making in the Canadian environmental context. Indeed, as I suggest in this article, environmental assessment presently performs a quasi-constitutional role in Canadian environmental decision-making in the sense that it provides the means …

The Strangely Familiar History Of The Unitary Theory Of Perpetration, James G. Stewart

All Faculty Publications

A unitary theory of perpetration is one that does not espouse different legal standards for different forms of participating in crime. In this Article, I pay homage to Professor Damaška’s influence on my work and career by reiterating my earlier arguments for a unitary theory of perpetration in international criminal law. Whereas my earlier work defended the unitary theory in abstract terms then for international criminal law in particular, this Article looks to the history of the unitary theory in five national systems that have abandoned differentiated systems like that currently in force internationally in favor of a unitary variant. …

Cinderella Story? The Social Production Of A Forensic “Science”, Gary Edmond, Emma Cunliffe

All Faculty Publications

The last decade has witnessed unprecedented criticism of the forensic sciences from academic commentators and authoritative scientific and technical organizations. Simultaneously, podiatrists have begun to promote themselves as forensic scientists, capable of assisting investigators and courts in their endeavors to identify offenders. This article traces the emergence of forensic podiatry, particularly forensic gait analysis. Forensic gait analysis is a practice that involves comparing persons of interest in crime-related images (such as CCTV and surveillance recordings) with reference images of suspects, where the primary focus is on movement and posture. It tends to be applied when other techniques, such as the …

The Limits Of Statutory Interpretation: Towards Explicit Engagement, By The Supreme Court Of Canada, With The Charter Right To Freedom Of Expression In The Context Of Copyright, Graham Reynolds

All Faculty Publications

In its post-2002 copyright jurisprudence, the Supreme Court of Canada has clarified that the Copyright Act grants a significant degree of latitude to non-copyright owning parties to express themselves using copyrighted works. This outcome is attributable neither to the SCC having interpreted provisions of the Copyright Act according to Charter values nor to the SCC having weighed provisions of the Copyright Act against the section 2(b) right to freedom of expression. Rather, it has resulted from the SCC interpreting provisions of the Copyright Act through the lens of the purpose of copyright, as re-articulated by the SCC. The author argues …

Pluralizing The 'Sharing' Economy, Erez Aloni

All Faculty Publications

The so-called sharing economy presents one of the most important and controversial regulatory dilemmas of our time — yet, surprisingly, it remains undertheorized. This Article supplies needed analysis. Specifically, the Article offers a regulatory model that distinguishes between two separate kinds of transactions: conventional economic transactions and those that rely on temporary access to goods and services that would otherwise go underutilized (what I call “access-to-excess” transactions). The regulatory regime that this Article proposes would distinguish between true access-to-excess transactions and conventional transactions. The model is rooted in a version of pluralist theory that posits that the state is responsible …

Precedent Revisited: Carter V Canada (Ag) And The Contemporary Practice Of Precedent, Debra Parkes

All Faculty Publications

In addition to the important substantive changes to Canadian law brought about by Carter v Canada (AG), the decision is significant for its consideration of the doctrine of stare decisis. This article examines the circumstances under which Canadian courts, including courts lower in the relevant hierarchy, might be entitled to revisit otherwise binding, higher court precedents and to depart from them. At least in constitutional cases, the Carter trial decision affirms that trial judges may reconsider rulings of higher courts where a new legal issue is raised or where there is a change in circumstances or evidence that “fundamentally shifts …

Construction And Validation Of A Holistic Education School Evaluation Tool Using Montessori Erdkinder Principles, Anthony Philip Setari

Theses and Dissertations--Education Sciences

The purpose of this study was to construct a holistic education school evaluation tool using Montessori Erdkinder principles, and begin the validation process of examining the proposed tool. This study addresses a vital need in the holistic education community for a school evaluation tool. The tool construction process included using Erdkinder literature to justify the development of each item through the use of an item matrix, ultimately leading to the development of the 23 item formative Montessori Erdkinder School Evaluation Survey. The validation process included a series of three Rasch Rating Scale Model analyses with data from a sample school. …

Evaluating Role Of Interactive Visualization Tool In Improving Students’ Conceptual Understanding Of Chemical Equilibrium, Bharath Sampath Kumar

Theses and Dissertations--Education Sciences

The purpose of this study is to examine the role of partnering visualization tool such as simulation towards development of student’s concrete conceptual understanding of chemical equilibrium. Students find chemistry concepts abstract, especially at the microscopic level. Chemical equilibrium is one such topic. While research studies have explored effectiveness of low tech instructional strategies such as analogies, jigsaw, co-operative learning, and using modeling blocks, fewer studies have explored the use of visualization tool such as simulations in the context of dynamic chemical equilibrium. Research studies have identified key reasons behind misconceptions such as lack of systematic understanding of foundational chemistry …