Digital Commons Network^™

Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle K. Citron

Faculty Scholarship

Silicon Valley has long been viewed as a full-throated champion of First Amendment values. The dominant online platforms, however, have recently adopted speech policies and processes that depart from the U.S. model. In an agreement with the European Commission, tech companies have pledged to respond to reports of hate speech within twenty-four hours, a hasty process that may trade valuable expression for speedy results. Plans have been announced for an industry database that will allow the same companies to share hashed images of banned extremist content for review and removal elsewhere.

These changes are less the result of voluntary market …

Legal Scholarship And External Critique In Eu Law, Daniela Caruso, Fernanda Nicola

Faculty Scholarship

The propensity to engage in a sustained critique of EU law marbles several contributions in this Volume and certainly animates this chapter. This generally critical stance takes the present stage of legal Europeanization as a fact and aims to make full use of the possibilities for political and social justice it can currently support, but at the same time it decries its many structural and dynamic drawbacks. In doing so, this critical project borrows liberally from CLS without fear of misreading or misappropriation. Irreverence in this context is a feature, not a bug. The CLS toolkit is clearly useful to …

Four Principles For Digital Expression (You Won't Believe #3!), Danielle K. Citron, Neil Richards

Faculty Scholarship

At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In ACLU v. Reno (1997), the Supreme Court adopted a bold vision of Internet expression to strike down a federal law - the Communications Decency Act - that restricted digital expression to forms that were merely “decent.” Far more than the printing press, the Court explained, the mid-90s Internet enabled anyone to become a town crier. Communication no longer required the permission of powerful entities. With a network connection, the powerless had as much luck reaching a …

Saving Face: Unfolding The Screen Of Chinese Privacy Law, Tiffany Li, Jill Bronfman, Zhou Zhou

Faculty Scholarship

Privacy is often a subjective value, taking on meaning from specific social, historical, and cultural contexts. Western privacy scholars have so far generally limited academic study to focus on Western ideals of privacy. However, privacy – or some notion of it – can be found in almost every culture and every nation, including the growing economic powerhouse that is the People’s Republic of China. Focusing on China as a case study of non-Western privacy norms is important today, given the rapid rise of the Chinese economy and its corresponding impact on worldwide cultural norms and law. Simply put, it is …

Eyes Wide Open: What Social Science Can Tell Us About The Supreme Court's Use Of Social Science, Jonathan Feingold, Evelyn Carter

Faculty Scholarship

In McCleskey v. Kemp, the Supreme Court rendered statistical evidence of racial disparities doctrinally irrelevant to a criminal defendant’s equal protection claim. Fifteen years later in Grutter v. Bollinger, Chief Justice Rehnquist—part of the McCleskey majority—invoked admissions data to support his conclusion that the University of Michigan Law School had unconstitutionally discriminated against White applicants. This facially inconsistent treatment of statistical data invites the following inquiry: Why do judges (including Supreme Court Justices) rely on social science in some cases, yet reject it in others? We suggest that one answer lies at the intersection of Critical Race Theory and empirical …

The New Health Care Federalism On The Ground, Abbe R. Gluck, Nicole Huberfeld

Faculty Scholarship

This essay, part of a symposium investigating methods of empirically evaluating health policy, focuses on American health care federalism, the relationship between the federal and state governments in the realm of health care policy and regulation. We describe the results of a five year study of the implementation of the Patient Protection and Affordable Care Act (ACA) from 2012-2017. Our study focused on two key pillars of the ACA, which happen to be its most state-centered — expansion of Medicaid and the implementation of health insurance exchanges — and sheds light on federalism in the modern era of nationally-enacted health …

Twenty Years Of Web Scraping And The Computer Fraud And Abuse Act, Andrew Sellars

Faculty Scholarship

"Web scraping" is a ubiquitous technique for extracting data from the World Wide Web, done through a computer script that will send tailored queries to websites to retrieve specific pieces of content. The technique has proliferated under the ever-expanding shadow of the Computer Fraud and Abuse Act (CFAA), which, among other things, prohibits obtaining information from a computer by accessing the computer without authorization or exceeding one's authorized access.

Unsurprisingly, many litigants have now turned to the CFAA in attempt to police against unwanted web scraping. Yet despite the rise in both web scraping and lawsuits about web scraping, practical …

Naming Brazil's Previously Poor: “New Middle Class” As An Economic, Political, And Experiential Category, Charles H. Klein, Sean T. Mitchell, Benjamin Junge

Anthropology Faculty Publications and Presentations

The early years of the 21st century were historic for socioeconomic relations in Brazil. While long known for stark socioeconomic inequality, the nation became internationally celebrated for its economic growth and successful poverty-reduction initiatives, which together propelled some 35 million “previously poor” Brazilians into what became called a “new middle class.” The apparent rise of this “new” class has generated contentious debates and a range of social science studies in Brazil; yet this literature is little known in the Anglophone academic world. While some have interpreted this demographic transformation as an expansion of the existing middle class, others have questioned …

Book Review Of, Figures In Buddhist Modernity In Asia, Michele Ruth Gamburd

Anthropology Faculty Publications and Presentations

This is a book review of, Figures in Buddhist Modernity in Asia. Jeffrey Samuels, Justin Thomas McDaniel, and Mark Michael Rowe, eds. Honolulu: University of Hawai’i Press, 2016. ISBN 9780824858544

Winter 2018 Shsp Alumni Connections, New York Medical College

School of Health Sciences and Practice

• Mark J. Kittleson, Ph.D., is Named Chair of the Department of Public Health in the School of Health Sciences and Practice
• D.P.T. Class of 2019 Share Their Good Works at Community Service Presentations
• StuHE Hosts Career Mentor Session
• SHSP Weighs In at APHA 2017
• M.P.H. Student Adds Global Experience to Public Health Education
• NYMC Reaches Out to Puerto Rico
• SHSP Hosts Special Dean's Lecture
• 19th Annual Race for Rehab Supports Achilles International
• D.P.T. Class of 2019 Celebrates National Physical Therapy Month
• NYMC Pride Shines at Founder's Dinner
• Noted Physiotherapist Shares His Views on Cultural Competence
• Founder of Achilles International Gives …

Introduction: Canada's Chief Justice: Beverley Mclachlin's Legacy Of Law And Leadership, Marcus Moore

All Faculty Publications

Summarizes the legacy of law and leadership of Beverley McLachlin, the longest-serving Chief Justice of the Supreme Court of Canada (2000-2017), and first female Chief Justice.

Justice As Harmony: The Distinct Resonance Of Chief Justice Beverley Mclachlin's Juridical Genius, Marcus Moore

All Faculty Publications

Chief Justice McLachlin’s juridical work has earned special praise, but what specifically distinguishes it among the work of other leading jurists has proven elusive for lawyers and social scientists to identify. My experience as a law clerk to McLachlin CJC suggested a distinct approach never comprehensively articulated, but intuitively well-known and widely-emulated among those in her sphere of influence. Drawing on the Chief Justice’s public lectures—where she often explained and offered deeper reflection on the McLachlin Court’s defining jurisprudence—I make the case in this article that at the heart of that approach is a quality best described as the pursuit …

Winter 2018 Som Alumni Connections, New York Medical College

School of Medicine

• SOM Launches Bench-to-Bedside Seminar Series
• School of Medicine Alumni Celebrate at Reunion Weekend
• Gladys M. Ayala, M.D., M.P.H., is Named Interim Vice Dean for the School of Medicine
• School of Medicine Class of 2021 Officially Dons White Coats for the First Time
• Department of Pediatrics and the Children's Health and Research Foundation Hosts Seventh Annual Assistant Professor Pediatric Research Symposium
• The Music of Mozart Comes Alive at Met
• NYMC Pride Shines at Founder's Dinner
• NYMC Receives $150,000 Grant from Hyundai Hope On Wheels
• Symposium Focuses on Tick-Borne Disease
• Alumni Community Website to Launch January 2018

Capitalizing On Criminal Justice, Eisha Jain

Faculty Publications

No abstract provided.

Proportionality And Other Misdemeanor Myths, Eisha Jain

Faculty Publications

No abstract provided.

Regulating By Example, Susan C. Morse, Leigh Osofsky

Faculty Publications

No abstract provided.

The Limits On Congress’S Power To Do Nothing, William P. Marshall

Faculty Publications

No abstract provided.

The Madness Of Insane Delusions, Kevin Bennardo

Faculty Publications

This Article shares two ideas for reform of the law surrounding testators' expressed preferences and the doctrine of insane delusions.

First, the doctrine of insane delusions should not be applied to devises that seek to advance beliefs, ideas, or viewpoints. There is just too great of a risk that judges and juries will strike down such devises when the testator’s viewpoints diverge from their own.

Second, the time may have come to admit that the law of wills is not as committed to the principle of testamentary freedom as it is often espoused to be. The literature is rife with …

Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick

Faculty Publications

No abstract provided.

State Standing To Constrain The President, F. Andrew Hessick, William P. Marshall

Faculty Publications

No abstract provided.

Uncovering The Lost Knowledge Of The Imagination In Films, Seda, Daniel A.

Journal of Conscious Evolution

Films have forever changed the way in which humans perceive reality and have provided significant opportunities to spread knowledge in ways that are both entertaining and deceptive. Uncovering the lost knowledge of the imagination shifts an individual’s perceptions of a shared experience and exposes film’s persuasive power to penetrate the psyche. This paper explores the constitutions of reality and how humans are able to tap into other realms of consciousness through mediums of creative expression. Topics such as the origins of life, the hidden knowledge of secret societies, and the burgeoning full disclosure movement for truth are discussed as a …

Predictors Of Arterial Stiffness In Law Enforcement Officers, Jason Michael Keeler

Theses and Dissertations--Kinesiology and Health Promotion

The prevalence of cardiovascular disease (CVD) among law enforcement officers (LEOs) is slightly higher than the general population. Furthermore, the prevalence of CVD doubles among LEOs following retirement compared to the general population. The measure of arterial stiffness serves as an independent risk factor that has prognostic value for future incidence of CVD. However, there is limited research on lifestyle, occupational, and demographic factors that may be associated with increased arterial stiffness in LEOs. Therefore, the purpose of this investigation was to compare the level of arterial stiffness among LEOs versus the general population and to identify lifestyle, occupational, and …

Effects Of High Fat Exposure On Skeletal Muscle Autophagy And Endoplasmic Reticulum Stress, Adrienne Rose Herrenbruck

Theses and Dissertations--Kinesiology and Health Promotion

Autophagy is a major degradation mechanism, responsible for clearing damaged and dysfunctional organelles, including the endoplasmic reticulum, a structure essential for protein synthesis and myocellular hypertrophy. Alterations in autophagy throughout various tissues of the body have been linked to various negative side effects such as decreased myocellular hypertrophy and insulin resistance. High fat diets lead to changes (both increases and decreases) in autophagy in various tissues throughout the body in a tissue-specific manner.

Skeletal muscle autophagy is decreased in myotubes cultured from obese women, however the mechanism by which this occurs is unknown. As the largest organ system in the …

Community College Campuses And Sexual Minorities: The Experience Of Lgbtq Students At Community Colleges, Baron Guy Wolf

Theses and Dissertations--Educational Policy Studies and Evaluation

The purpose of this study was to examine national survey data from across the United States for respondents from two-year community colleges. Historically little empirical evidence exists in the literature about this population of students who identity as sexual minorities. The study begins with a historical overview of the LGBTQ rights movement. This provides a baseline for why studies including this invisible minority group are important and especially timely for two-year college campuses. Literature is barrowed from four-year college and university studies. Data were analyzed using the Rasch Partial Credit model. This analysis included testing for data-fit to the model, …

An Examination Of Relations Among Fear, Guilt, Self-Compassion, And Multicultural Attitudes In White Adults, Whitney W. Black

Theses and Dissertations--Educational, School, and Counseling Psychology

Structural racism is often perpetuated by well-intentioned White individuals who passively accept or are unaware of its existence. However, when their perceptions and understanding of the world are challenged through learning about structural racism, White people may experience emotions such as fear, and guilt, which seem to serve either a debilitating or a motivating role in multicultural attitude development. Self-compassion, which is the ability to process distressing emotions without resorting to avoidance of the emotional experience, may help White individuals work through strong negative affect that accompanies an awareness of structural racism and ultimately aid in the development of multicultural …

Informal Teacher Leadership For Technology Integration: A Multi-Site Case Study Of Distributed Leadership, Taylor J. Clements

Theses and Dissertations--Education Sciences

The goal of this study was to understand how a secondary principal uses a distributed perspective of leadership to support informal teacher leaders (ITLs) to improve classroom technology integration. Using a phenomenological lens, I employed a multi-site case study to inform the research goals. A conceptual framework based on Bandura’s (1977) social learning theory and Wenger’s (1998) communities of practice theory was used to guide the study’s methods and data collection.

Data were collected in three phases. At each site, the first phase consisted of a digital survey with only closed-ended questions that was administered to all classroom teachers. The …

Creating Identity: How Steve Biko Cultural Institute’S Black Consciousness And Citizenship Influences Student Identity Formation In Salvador, Bahia, Brazil, Sheryl Felecia Means

Theses and Dissertations--Education Sciences

The research presented in “Creating Identity” investigates Black identity formation within the Steve Biko Cultural Institute (Biko) in Salvador, Bahia, Brazil, a pre-vestibular – or college entrance exam preparation course – for Afro-Brazilian high school and aspiring college students. The curriculum, Cidadania e Consciência Negra (Black Consciousness and Citizenship; abbreviated CCN) serves as a vital pillar to the institutional approach to Black identity. In a Eurocentric society like Brazil and a world where Black identity is largely discriminated against including in educational spaces, Biko represents a movement to combat the exclusion of Afro-descendant youth from university, improve self-esteem and perceptions …

The Relationship Between Professional Development And Professional Capital: A Case Study Of International Schools In Asia, Dana Specker Watts

Theses and Dissertations--Education Sciences

The goal of this study was to investigate the interaction between professional development and professional capital within international schools in Asia. The researcher employed a multi-site case study to inform the research goals. A conceptual framework based on Hargreaves and Fullan’s (2012) professional capital theory was used to guide the study’s methods and data collection.

The data were collected in two phases. The first phase consisted of a digital survey that was distributed to ten international schools associated with the East Asia Regional Council of Schools (EARCOS) and the Office of Overseas Schools (OSS). The survey was analyzed to identify …

The Examination Of Hazing Case Law As Applied Between 1980-2013, Christopher Keith Ellis

Theses and Dissertations--Educational Policy Studies and Evaluation

This study contributes to the knowledge and understanding of the application of hazing law and response of courts to case law where hazing has been alleged between the years of 1980-2013. This study expands upon the 2009 research conducted by Carroll, Connaughton, Spengler and Zhang, which used a content analysis methodology to look at anti-hazing case law as applied in cases where educational institutions were named as defendants, and the 2002 unpublished dissertation of Guynn which explored anti-hazing case law and its application in cases involving high school students. This study examines all court cases between 1980-2013 where a judicial …

The Cinematic College Professor: Conceptions And Representations, John C. Fitch Iii

Theses and Dissertations--Educational Policy Studies and Evaluation

Depictions of college professors in American films are common, and while a number of studies have investigated various aspects of college life in motion pictures, few have focused exclusively on the cinematic professoriate. In addition to being an indelible part of history, cinematic depictions of college professors are part of the national discourse on the role and function of the faculty and university. An investigation of how college professors have been represented in American films, and how these representations are read and created by real-life college professors and filmmakers may provide a deeper understanding of the relationship between popular culture …