Digital Commons Network^™

Refining Thoughts About Human/Nonhuman Differences, Colin A. Chapman, Michael A. Huffman

Animal Sentience

Our commentators come from many fields and disciplines and express highly divergent views, illustrating broad interest in the question. From the breadth of comments, we have identified two recurring themes, which we focus on here. The first is a preponderance of cautionary remarks about evaluating the differences between humans and nonhuman animals. The second concerns whether considering animals as worthy of moral consideration is one of many useful tools for conservationists trying to prevent extinction, habitat destruction, and climate change.

Diversity On Human Difference: Unanimity On Human Responsibility, Colin A. Chapman, Michael A. Huffman

Animal Sentience

Further commentaries on our original target article add important new points and expand our understanding of the differences between animals, particularly between non-human and human primates. But whether they affirm or deny that humans are unique, all commentators agree that our special abilities mean we should be taking responsibility for the care of nature and the plants and animals it supports. We ask: is humankind doing this?

On Neglected Taxa: Protostomes And The Evolution Of Myelination, Michaella P. Andrade, Charles Morphy D. Santos

Animal Sentience

Understanding the evolution of nervous and sensory systems in animals is key to understanding the distribution of animal sentience. However, the use of model organisms – mostly vertebrates, and especially mammals – often biases comparative analyses. Sneddon et al. (2018a,b) point out that using nonhuman animals as models helps us better understand the multifaceted aspects of animal pain and sentience. Several concerns need to be considered in dealing with model organisms. Here we discuss how models that are unrepresentative phylogenetically influence hypotheses about the evolution of the myelination in animals. Greater effort is needed to escape “vertebrate-centrism” in evolutionary research.

State Of Metropolitan Housing Report: 22,000 Equities, Addressing Racial Gaps In Homeownership And Wealth. ..., Lauren Heberle, Kelly Kinahan, Danielle Rohret, Jamar Wheeler, Rebecca Halpryn

Faculty and Staff Scholarship

No abstract provided.

The Elephant Problem, Richard Primus

Reviews

In their new book, "A Great Power of Attorney": Understanding the Fiduciary Constitution, Gary Lawson and Guy Seidman argue that, as a matter of original meaning, the Constitution should be understood as analogous to a power of attorney, that interpretive devices applicable to powers of attorney should therefore be used in constitutional interpretation, and that interpreting the Constitution that way would produce results congenial to modern libertarian preferences, such as the unconstitutionality of the Affordable Care Act and the invalidity, on nondelegation grounds, of much of the federal administrative state. But the book fails to carry any of its central …

Review Of Rights And Demands: A Foundational Inquiry, Nicholas B. Cornell

Reviews

No abstract provided.

Publicity Rights And The Estate Tax, Mitchell M. Gans

Hofstra Law Faculty Scholarship

The estate tax treatment of publicity rights has played a role in the debate about the state law question whether such rights should be transferable at death. Some point to the estate tax as a reason for making publicity rights non-transferable. For if they are transferable, estate-tax inclusion could result. And, the argument goes, the estate or the beneficiaries could well be coerced into commercializing the rights in order to raise the money to pay the tax. Making them non-transferable would eliminate this possibility. This article considers some of the connections between the federal estate tax and the state law …

Aspiring To A Model Of The Engaged Judge, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

This symposium essay, relying on the work of numerous federal judges who have changed the course of criminal justice and civil rights, argues that judges should aspire to be the “Engaged Judge” — that is, a judge who acts in the best traditions of the role by engaging in creative and often bold solutions in order to advance a “justice mission.” The article discusses the contours of that justice mission, emphasizing that engaged judges should not substitute their own morality for the law or become result-oriented by tailoring legal principle to fit the judge’s prior convictions. It explores the various …

Taking Stock Of The Benefit Corporation, Ronald J. Colombo

Hofstra Law Faculty Scholarship

Almost a decade ago, the “benefit corporation” made its first appearance on American soil. Its supporters proclaimed that this would usher in a new era of corporate social responsibility. Its detractors complained, among other things, that the Benefit Corporation would facilitate managerial abuses that corporate law had worked so hard to curb. After nearly ten years of experience with the benefit corporation, who was the more accurate prognosticator? Moreover, has the benefit corporation given rise to developments, whether beneficial or negative, that were not expected or foreseen?

This article traces the history of the benefit corporation, with a focus on …

Explaining Criminal Sanctions In Intellectual Property Law, Irina D. Manta

Hofstra Law Faculty Scholarship

This symposium piece first seeks to unpack the relationship between intellectual property infringement and property offenses, and then to understand how the connection between the two has informed when the former is criminalized. The piece examines the porous nature of the boundary line between intangible and tangible resources, showing the at-times uncomfortable fit of the non-rivalrous label to intellectual property. An analysis of the respective harms of the two types of violations follows. This symposium contribution shows how lawmakers have treated patents differently from other forms of intellectual property by choosing not to criminalize their infringement, due both to utilitarian …

Regulation Of Lawyers In Government Beyond The Representation Role, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

The article focuses on legal ethics issues for government lawyers in the U.S. Topics discussed include laws governing disciplinary consequence for lawyers who have engaged in criminal conduct under the American Bar Association's Model Rules of Professional Conduct; the U.S. President Donald Trump's relationship with intelligence agencies; and the U.S. Supreme Court case New York Times Co. v. Sullivan on defamation.

Tinder Lies, Irina D. Manta

Hofstra Law Faculty Scholarship

The rise of Internet dating—in recent years especially through the use of mobile-based apps such as Tinder or Bumble—forces us to reexamine an old problem in the law: how to handle sexual fraud. Many people with romantic aspirations today meet individuals with whom they do not share friends or acquaintances, which allows predators to spin tales as to their true identities and engage in sexual relations through the use of deceit on a greater scale than was previously practicable. Indeed, according to some studies, about eighty percent of individuals lie on at least some part of their online dating profiles, …

A Pluralistic Approach To Mediation Ethics: Delivering On Mediation's Different Promises, Robert A. Baruch Bush

Hofstra Law Faculty Scholarship

The article explores a pluralistic approach to mediator ethics by examining a hypothetical case involving a classic dilemma confronted by practicing facilitative and transformative mediators. In the case, a divorced couple fight over full custody of their 11-year-old daughter. Also cited are the dilemma confronting the mediator as s/he is against the agreement reached by the couple, the nature of ethical dilemma, as well as the mediation codes and models.

The Need For Peer Mentoring Programs Linked To The Legal Writing Class: An Analysis And Proposed Model, Amy R. Stein

Hofstra Law Faculty Scholarship

No abstract provided.

Knitting 101: Why Law Professors Should Share Their Hobbies With Their Students, Susan Greene

Hofstra Law Faculty Scholarship

For many students, adrift in a sea of outlines and anxiety over the pressures of being a law student, cultivating a hobby or even developing a new one seems a luxury in time and energy that they cannot afford. Therefore, it is incumbent upon law professors to lead by example.

Culture Of Dental Pulp Stem Cells On Nanoporous Alumina Substrates Modified By Carbon Nanotubes, Ameneh Alizadeh, Amir Razmjou, Mehrorang Ghaedi, Ramin Jannesar, Fahimeh Tabatabaei, Vahid Pezeshkpour, Lobat Tayebi

School of Dentistry Faculty Research and Publications

Purpose: Alumina substrates are one of the commonly used scaffolds applied in cell culture, but in order to prevent formation of biofilm on the alumina substrate, these substrates are modified with carbon nanotube. Methods: The alumina substrate was made by a two-step anodization method and was then modified with carbon nanotubes by simple chemical reaction. The substrates were characterized with FTIR, SEM, EDX, 3D laser scanning digital microscope, contact angle (CA) and surface free energy (SFE). To determine how this modification influences the reduction of biofilm, biofilm of two various bacteria, Escherichia coli (E.coli) and Staphylococcus aureus ( …

Edta-Modified Mesoporous Silica As Supra Absorbent Of Copper Ions With Novel Approach As An Antidote Agent In Copper Toxicity, Elham Rafiee Taqanaki, Reza Heidari, Mohammad Monfared, Lobat Tayebi, Amir Azadi, Fatemeh Farjadian

School of Dentistry Faculty Research and Publications

Purpose: Mesoporous silica (MS) have been considered as a biocompatible compound and found to have various pharmaceutical applications. Recently, novel approaches in applications of MS as antidote agents were introduced. In this study, the capacity of ethylenediaminetetraacetic acid modified mesoporous silica (MS-EDTA) was evaluated in in vitro and in vivo adsorption of copper (Cu). Methods: The MS-EDTA was characterized by fourier transform infrared (FT-IR) and X-ray diffraction, while surface area was determined by N₂ adsorption–desorption technique. Morphological studies were observed by high resolution-transmission electron microscopy and field emission-scanning electron microscopy and the sizes were determined by dynamic light scattering. …

A Real-Property Model Of Privacy, G. Alex Sinha

Hofstra Law Faculty Scholarship

Privacy has been a significant subject of scholarly attention for decades, but it has never been more confusing than it is today. As myriad social pressures inexorably corral an ever-growing share of the world’s population down the digital rabbit hole, more and more people become both users and targets of new technologies. The complexity of these technologies and their unprecedented interactions with one another have completely outstripped the ability of the populace as a whole to understand the privacy implications of our new and shifting reality. Confronting privacy questions in this context is all but paralyzing.

This Article offers a …

2019 Annual Report, Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This report overviews the accomplishments of the IVMF during 2018-2019.

Gundy And The Civil-Criminal Divide, Jenny Roberts

Hofstra Law Faculty Scholarship

No abstract provided.

Archeology, Language, And Nature Of Business Corporations, Sergio Alberto Gramitto Ricci

Hofstra Law Faculty Scholarship

This Article fills a gap in the corporate law literature, by excavating the language used to describe and regulate corporate entities at their origins. It traces the origins of the corporate form to Ancient Rome. It investigate the nature of current business corporations. It offers solutions to inform contemporary corporate law debates. It also sheds new light on the common understanding of legal personhood and on the issue that the term "person" raises in corporate theory.

Adding Risk Assessment And Negotiation To A Drafting Course, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

No abstract provided.

Keeping Ip Real, Irina D. Manta

Hofstra Law Faculty Scholarship

This symposium contribution analyzes the relationship between intellectual property and tangible property, focusing on four types of intellectual property: copyrights, trademarks, patents, and trade secrets. It posits that—contrary to popular conceptions—the question of rivalrousness should be viewed as central both to owners’ use of IP-protected goods and to others’ infringement of the underlying IP rights (just as that attribute lies at the heart of the concept of real and other tangible property). Rivalrousness typically arises where consumption of a good by a consumer prevents simultaneous consumption of that good by other consumers or, in the tangible property context, where simultaneous …

Why Congress Drafts Gibberish, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

We are so used to Congressional gibberish that we take it for granted as though it were caused by nature. Congress doesn’t know how to create logically coherent statutes.

An example is the Vacancies Reform Act of 1998. If, while violating the Act, a President purportedly appoints a person — perhaps to be an Acting Attorney General or Acting Deputy Attorney General — every decision and action of that person is void because the person does not actually hold the office. The Act is crystal-clear that such a person would have no power, for example, to fire a Special Counsel. …

Tribute To Judge Robert Katzmann, Peter L. Markowitz

Articles

The article highlights Judge Robert Katzmann's transformative impact on immigrant access to legal counsel, particularly through the creation of the public defender system and the Immigrant Justice Corps. These initiatives have significantly improved outcomes for immigrants facing deportation, demonstrating the critical role of legal representation in ensuring justice. The programs have not only increased success rates for immigrants in court but also trained and retained a cadre of skilled immigration lawyers, setting a model for replication nationwide.

Influence Of Apical Preparation Size On Effective Conventional Irrigation In The Apical Third: A Scanning Electron Microscopic Study, Seth Butcher, Abeer Mansour, Mohamed Ibrahim

School of Dentistry Faculty Research and Publications

Objective: This study aimed to investigate the relationship between final apical preparation size and smear layer removal in the apical third using conventional irrigation in mandibular bicuspids.

Methods: A total of 66 extracted human mandibular bicuspids with comparable root canal morphology were equally divided into five experimental groups and a control group (n=11). Based on their experimental group, samples were instrumented up to size 25, 30, 35, 40, or 45 with 0.04 taper using 2.5% sodium hypochlorite (NaOCl) as the irrigant. Final irrigation was performed with 17% EDTA followed by 2.5% NaOCl. The control group was instrumented up to size …

Early Condylectomy: Biological Considerations, Diego Fernando López, Juliana Ruiz Botero, Luis Eduardo Almeida

School of Dentistry Faculty Research and Publications

Objective: To describe the early treatment of two patients with unilateral condylar hyperplasia (UCH) diagnosis and therapeutic surgical protocol (early condylectomy) supported by the current biological knowledge about the development and repair of mandibular condyle cartilage (MCC). Methods: Review of the literature and two case description of the treatment. The two patients were girls, 12 and 13 year old. The follow up period was of 3 years. SPECT diagnostic, radiographic, photographic and tomographic images are presented. Results: The literature summarized provides biological basis favoring the early treatment of UCH. The two cases were treated with the same surgical protocol obtaining …

Applications Of 3d Printing On Craniofacial Bone Repair: A Systematic Review, Michael Maroulakos, George Kamperos, Lobat Tayebi, Demetrios J. Halazonetis, Yijin Ren

School of Dentistry Faculty Research and Publications

Objectives

Three-dimensional (3D) bioprinting, a method derived from additive manufacturing technology, is a recent and ongoing trend for the construction of 3D volumetric structures. The purpose of this systematic review is to summarize evidence from existing human and animal studies assessing the application of 3D printing on bone repair and regeneration in the craniofacial region.

Data & sources

A rigorous search of all relevant clinical trials and case series was performed, based on specific inclusion and exclusion criteria. The search was conducted in all available electronic databases and sources, supplemented by a manual search, in December 2017.

Study selection

43 …

Ankylosing Spondylitis And Mesenchymal Stromal/Stem Cell Therapy: A New Therapeutic Approach, Kamal Abdolmohammadi, Fatemeh Dadgar Pakdel, Hamideh Aghaei, Sara Assadiasl, Yousef Fatahi, Negin Hosseini Rouzbahani, Alireza Rezaiemanesh, Masoud Soleimani, Lobat Tayebi, Mohammad Hossein Nicknam

School of Dentistry Faculty Research and Publications

Ankylosing spondylitis (AS) is an inflammatory rheumatoid disease categorized within spondyloarthropathies (SpA) and manifested by chronic spinal arthritis. Several innate and adaptive immune cells and secreted-mediators have been indicated to play a role in AS pathogenesis. Considering the limitations of current therapeutic approaches (NSAIDs, glucocorticoids, DMARDs and biologic drugs), finding new treatments with fewer side effects and high therapeutic potentials are required in AS. Mesenchymal stem cells (MSCs) with considerable immunomodulatory and regenerative properties could be able to attenuate the inflammatory responses and help tissue repair by cell-to-cell contact and secretion of soluble factors. Moreover, MSCs do not express HLA-DR, …

Crisis-Driven Tax Law: The Case Of Section 382, Albert H. Choi, Quinn Curtis, Andrew T. Hayashi

Articles

At the peak of the 2008 financial crisis, the Internal Revenue Service (IRS) issued Notice 2008–83 (the Notice), administrative guidance that limited Internal Revenue Code (the Code) section 382, an important tax rule designed to discourage tax-motivated acquisitions. Although styled as a mere interpretation of existing law, the Notice has been widely viewed as an improper exercise of the IRS’s authority that undermined its legitimacy. But did the Notice work? There were many extraordinary interventions during the financial crisis that raised questions about eroding the rule of law and the long-term destabilizing effects of bail­outs. In a financial crisis, regulators …