Digital Commons Network^™

A (Nude) Picture Is Worth A Thousand Words — But How Many Dollars?: Using Copyright As A Metric For Harm In "Revenge Porn" Cases, J. Remy Green

Faculty Scholarship

So-called “Revenge Porn” — pornography published without the subject’s permission — is a growing issue. While much discussion exists about how best to outlaw the practice, less has been said about precisely how to measure the harm done. This paper is grounded in an in-depth analysis of the particular way that the Federal Sentencing Guidelines prioritize financial harms and non-financial harms, specifically looking at how many dollars of harm it takes to buy each additional sentencing point. I graph the enforcement priorities for financial and non-financial harm using the numbers federal agencies use for the value of a statistical life. …

Practice-Based Research Networks And The Mandate For Real-World Evidence, Elizabeth Hall-Lipsy, Leila Barraza, Christopher Robertson

Faculty Scholarship

The 21^st Century Cures Act encourages the Food and Drug Administration to consider “real-world evidence” in its regulation of the safety and efficacy of drugs and devices. Many have interpreted this mandate to focus on non-randomized observational research. However, we suggest that regulatory science must also move from rarefied academic hospitals to community-based settings, where the vast majority of patients in fact receive care in the fragmented U.S. healthcare system. This move is especially important if innovations are to reach, and be validated in, more diverse populations. A solution can be found in the 183 Practiced-Based Research Networks (“PBRN”), …

The Reliability Of Evidence In Evidence-Based Legislation, Sean J. Kealy, Alex Fomey

Faculty Scholarship

As evidence-based legislation develops, and as technology puts more information at our fingertips, there should be a better understanding of what exactly constitutes reliable evidence. Robert and Ann Seidman devoted their professional careers to developing the evidence-based Institutional Legislative Theory and Methodology and teaching it to legislative drafters around the world. Although ILTAM was firmly grounded in – and driven by – evidence, the question becomes what evidence is reliable and a worthy input for the methodology. Further, how can the drafter avoid the misuses of evidence such as confirmation bias and naïve beliefs? We aim to give a guide …

Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine

Touro Law Review

No abstract provided.

Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik

Touro Law Review

No abstract provided.

Actual Vs. Perceived Hiv Testing Norms, And Personal Hiv Testing Uptake: A Cross-Sectional, Population-Based Study In Rural Uganda, Jessica M. Perkins, Viola N. Nyakato, Bernard Kakuhikire, Pamela K. Mbabazi, H. Wesley Perkins, Alexander C. Tsai, Sv Subramanian, Nicholas A. Christakis, David Bangsberg

OHSU-PSU School of Public Health Faculty Publications and Presentations

HIV testing is an essential part of treatment and prevention. Using population-based data from 1664 adults across eight villages in rural Uganda, we assessed individuals’ perception of the norm for HIV testing uptake in their village and compared it to the actual uptake norm. In addition, we examined how perception of the norm was associated with personal testing while adjusting for other factors. Although the majority of people had been tested for HIV across all villages, slightly more than half of men and women erroneously thought that the majority in their village had never been tested. They underestimated the prevalence …

Diagnostic Performance Of Blood Inflammatory Markers For Tuberculosis Screening In People Living With Hiv, Katherine Farr, Resmi Ravindran, Luke Strnad, Emily Chang, Leah H. Chaisson, Christina Yoon, William Worodria, Alfred Andama, Irene Ayakaka, Priscilla Bbosa Nalwanga, Multiple Additional Authors

OHSU-PSU School of Public Health Faculty Publications and Presentations

Background

Approaches to screening for active tuberculosis (TB) among people living with HIV are inadequate, leading to missed diagnoses and poor implementation of preventive therapy.

Methods

Consecutive HIV-infected adults hospitalized at Mulago Hospital (Kampala, Uganda) between June 2011 and July 2013 with a cough ≥ 2 weeks were enrolled. Patients underwent extensive evaluation for pulmonary TB. Concentrations of 43 cytokines/chemokines were measured at the same time point as C-reactive protein (CRP) in banked plasma samples using commercially-available multiplex kits. Advanced classification algorithms were used to rank cytokines/chemokines for their ability to identify TB, and to model the specificity of the …

Pre-Service K-8 Teachers’ Professional Noticing And Strategy Evaluation Skills: An Exploratory Study, Vecihi S. Zambak, Marta T. Magiera

Mathematical and Statistical Science Faculty Research and Publications

This study sheds light on three teaching competencies: Pre-service teachers’ (PSTs’) professional noticing of student mathematical reasoning and strategies, their ability to assess the validity of student reasoning and strategies, and to select student strategy for class discussion. Our results reveal that PSTs with strong awareness of mathematically significant aspects of student reasoning and strategies (focused noticing) were better positioned to assess the validity of student reasoning and strategies. PSTs with higher strategy evaluation skills were more likely to choose the strategy to engage class in justification or to advance students’ conceptual understanding compared to PSTs with low strategy evaluation …

Super Problems In Superstar Cities, Michael Lewyn, Beth Gazes

Scholarly Works

Review of Richard Florida's The New Urban Crisis

Law, Religion, And Immigration: Building Bridges With Express Lanes, Mark Goldfeder, Gideon Sapir

Scholarly Works

This Article asks whether it can ever be moral or legal to use certain criteria, including nationality and/or religion, in formulating preferential immigration policies. In order to answer the question, it presents an in-depth look at the controversial "right of return, " focusing in particular on the example of the Israeli Law of Return. It contains a detailed history of the law and its development; a defense of the right of return in general; the principle and contextual arguments in favor of an amendment to or abrogation of Israel’s law; and a theoretical and practical defense of the law, with …

Will The Jury System Survive The Peña-Rodriguez Exception To Rule 606(B)?: The Court’S Response To Racial Discrimination By A Juror Leaves The Future Of The American Jury Trial System In Jeopardy, Taurus Myhand

Scholarly Works

The enforcement of no-impeachment rules has been a long-standing tradition in the United States preventing jurors from offering testimony as to impeach their own verdict. In March 2017, the Supreme Court changed course from centuries of jurisprudence and superseded the Federal Rules of Evidence with a new exception to Rule 606(b) in the Court’s decision in Peña-Rodriguez v. Colorado. The Court’s effort to “root out” racial bias in the justice system resulted in the debunking of the legislative authority granted to the Congress while creating an exception that does little, if anything, toward eliminating racial bias during jury deliberations. In …

A Tale Of Two Casinos: Unequal Spaces Of Local Governance, Alexandra Flynn

All Faculty Publications

Local actors, including resident and business associations, do not simply influence decision-makers, but can also reshape the purportedly neutral governance model within which decision-making takes place. In big cities like Toronto, this reshaping exacerbates the existing geographic and socio-economic unevenness. The work of James Scott, Mariana Valverde, and Cheryl Teelucksingh helps to explain how local actors interface with seemingly neutral governance bodies to have their interests heard, particularly in relation to locally undesirable land uses. The paper considers two case studies detailing the governance practices at work in differing decisions about casinos in the City of Toronto. A 2012-2013 debate …

Distributed Query-Aware Quantization For High-Dimensional Similarity Searches, Gheorghi Guzun, Guadalupe Canahuate

Faculty Research, Scholarly, and Creative Activity

The concept of similarity is used as the basis for many data exploration and data mining tasks. Nearest Neighbor (NN) queries identify the most similar items, or in terms of distance the closest points to a query point. Similarity is traditionally characterized using a distance function between multi-dimensional feature vectors. However, when the data is high-dimensional, traditional distance functions fail to significantly distinguish between the closest and furthest points, as few dissimilar dimensions dominate the distance function. Localized similarity functions, i.e. functions that only consider dimensions close to the query, quantize each dimension independently and only compute similarity for the …

Chironian 2018, New York Medical College

The Chironian

No abstract provided.

Comparative Genetic And Genomic Analysis Of The Novel Fusellovirus Sulfolobus Spindle-Shaped Virus 10, David Andrew Goodman, Kenneth M. Stedman

Biology Faculty Publications and Presentations

Viruses that infect thermophilic Archaea are unique in both their structure and genetic makeup. The lemon-shaped fuselloviruses—which infect members of the order Sulfolobales, growing optimally at 80 C and pH 3—are some of the most ubiquitous and best studied viruses of the thermoacidophilic Archaea. Nonetheless, much remains to be learned about these viruses. In order to investigate fusellovirus evolution, we have isolated and characterized a novel fusellovirus, Sulfolobus spindle-shaped virus 10 (formerly SSV-L1). Comparative genomic analyses highlight significant similarity with both SSV8 and SSV9, as well as conservation of promoter elements within the Fuselloviridae. SSV10 encodes five ORFs with no …

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.