Digital Commons Network^™

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 …

Invoking Federal Common Law Defenses In Immigration Cases, Fatma Marouf

Faculty Scholarship

This Article argues that we should take a deeper look at the applicability of federal common law defenses in immigration cases. In the rare cases where noncitizens attempt to raise common law defenses, such arguments tend to be dismissed offhand by immigration judges simply because removal proceedings are technically civil, not criminal. Yet many common-law defenses may be raised in civil cases. Additionally, immigration proceedings have become increasingly intertwined with the criminal system. After examining how judges already rely on federal common law to fill in gaps in the Immigration and Nationality Act (INA), this Article proposes three categories of …

Socio-Anthropological Methods To Study The Feasibility And Acceptability Of The Minimally Invasive Autopsy From The Perspective Of Local Communities: Lessons Learnt From A Large Multi-Centre Study, Maria Maixenchs, Rui Anselmo, Guillermo Martínez Pérez, Kelvin Oruko, Selidji Todagbe Agnandji, Pamela Catherine Angoissa Minsoko, Kounandji Diarra, Mahamane Djiteye, Zulfiqar Ahmed Bhutta, Shujaat Zaidi

Department of Paediatrics and Child Health

The minimally invasive autopsy (MIA), an innovative approach for obtaining post-mortem samples of key organs, is increasingly being recognized as a robust methodology for cause of death (CoD) investigation, albeit so far limited to pilot studies and research projects. A better understanding of the real causes of death in middle- and low-income countries, where underlying causes of death are seldom determined, would allow improved health planning, more targeted prioritization of available resources and the implementation of coherent public health policies. This paper discusses lessons learnt from the implementation of a Feasibility and Acceptability (F&A) study evaluating the MIA approach in …

Home Sweet Home: How New York Courts Have Dealt With Daimler's "At Home" Requirement For General Jurisdiction, Burton N. Lipshie

Articles

In this Article, we will first place the Daimler decision in its context, both historical and technological, in an attempt to understand the flow of Supreme Court jurisdiction jurisprudence, and how Daimler fits into that jurisprudence. Then, we will explore the issues in New York law that Daimler left open, and which, more than five years after it was decided, remain open, and, indeed, often confused.

Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard Weisberg

Articles

Binaries are helpful but deceptive, and this may be particularly true of simplistic theological dichotomies purporting to show that the Talmud is "Nitpicking" and Christian Biblical understandings "Expansive", or that Jews believe in the "letter" and Christians in the "spirit", Jews in strict Justice and Christians in "mercy", etc. This essay, which focuses on the character of Shylock and the legalistic cruelty inflicted upon him by Venice's Christians, dissolves such Binaries, leaving in their wake greater clarity about the contrary need to "re-binarize" the falsely unified hyphenated adjective "Judaeo-Christian".

Armed Conflict At The Threshold, Deborah Pearlstein

Articles

Seventeen years into the United States’ engagement in what America has controversially understood as a global, non-international armed conflict against a shifting set of terrorist groups, a growing array of scholars has called for a reassessment of the significance of the “armed conflict” classification under international humanitarian law (IHL). The existence of an “armed conflict” has long been understood as a proxy on/off switch of inescapable importance. When an “armed conflict” exists, lethal targeting—without regard to particular self-defensive need or immediacy of threat—is permitted as a first resort. When an “armed conflict” does not exist, it is not. Challenging the …

Getting Past The Imperial Presidency, Deborah Pearlstein

Articles

In an age in which the “imperial presidency” seems to have reached its apex, perhaps most alarmingly surrounding the use of military force, conventional wisdom remains fixed that constitutional and international law play a negligible role in constraining executive branch decision-making in this realm. Yet as this Article explains, the factual case that supports the conventional view, based largely on highly selected incidents of presidential behavior, is meaningless in any standard empirical sense. Indeed, the canonical listing of presidential decisions to use force without prior authorization feeds a compliance-centered focus on the study of legal constraint rooted in long-since abandoned …

Constructive Trusts And Fraudulent Transfers: When Worlds Collide, David G. Carlson

Articles

When Ponzi schemes collapse and enter into bankruptcy liquidation, bankruptcy trustees assume that conveyances made by the debtor for no consideration are fraudulent conveyances. This Article argues that they are not. Virtually all the assets held by a Ponzi scheme are held in constructive trust for the victims of the fraud. If victims of the fraud can trace the proceeds of their investments into property transferred to a third party, the third party holds the asset transferred in trust for the relevant victim. When a bankruptcy trustee characterizes the asset as a fraudulently conveyed asset, the trustee expropriates the asset …

Age Grading An. Gambiae And An. Arabiensis Using Near Infrared Spectra And Artificial Neural Networks, Masabho Peter Milali, Maggy T. Sikulu-Lord, Samson S. Kiware, Floyd E. Dowell, George F. Corliss, Richard J. Povinelli

Electrical and Computer Engineering Faculty Research and Publications

Background

Near infrared spectroscopy (NIRS) is currently complementing techniques to age-grade mosquitoes. NIRS classifies lab-reared and semi-field raised mosquitoes into < or ≥ 7 days old with an average accuracy of 80%, achieved by training a regression model using partial least squares (PLS) and interpreted as a binary classifier.

Methods and findings

We explore whether using an artificial neural network (ANN) analysis instead of PLS regression improves the current accuracy of NIRS models for age-grading malaria transmitting mosquitoes. We also explore if directly training a binary classifier instead of training a regression model and interpreting it as a binary classifier improves the accuracy. A total of 786 and 870 NIR spectra collected from laboratory reared An. gambiae and An. arabiensis, respectively, were used and pre-processed according …

Abolish Ice . . . And Then What?, Peter L. Markowitz

Articles

In recent years, activists and then politicians began calling for the abolition of the United States’s interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to “Abolish ICE” as merely a spontaneous rhetorical device used to express outrage at the current Administration’s brutal immigration policies. In fact, abolishing ICE is the natural extension of years of thoughtful organizing by a loose coalition of grassroots immigrant-rights groups. These organizations are serious, not only about their literal goal to eliminate the agency, but also about not replacing it with another dedicated agency of immigration police. Accordingly, …

Measuring Selection Bias In Publicly Available Judicial Opinions, Alexander A. Reinert

Articles

To have an informed discussion about judicial performance and efficiency, we will sometimes want to explore what judges actually do on an everyday level. But in many ways, courts have not always been paragons of transparency. Often the parties are the only people who are aware of what action a court has taken in a case.

This paper explores that dynamic, in the context of decisions made by federal trial courts at one particular procedural stage--decisions made on motions to dismiss for failure to state a claim--Rule 12(b)(6) motions. There is growing interest in the work of federal trial courts, …

The Impact Of Law On The State Pension Crisis, Elizabeth S. Goldman, Stewart E. Sterk

Articles

While some state and municipal pension plans have funds sufficient to meet obligations to retirees without imposing onerous obligations on current and future taxpayers, underfunding of plans in other states has reached disastrous proportions, raising the possibility of default on pension obligations, cuts in public services, steep tax increases, or some combination of the three. The substantial differential in pension funding might be attributed to divergent political pressures, different responses to uncertainty about investment returns, or other factors. Our examination of pension funding law in ten states-five with the best-funded plans and five with the worst-funded plans-highlights the role of …

Time And Tomato Salads, Joanne L. Detore

Publications

No abstract provided.

Biomaterials Evaluation: Conceptual Refinements And Practical Reforms, Reza Masaeli, Kavosh Zandsalimi, Lobat Tayebi

School of Dentistry Faculty Research and Publications

Regarding the widespread and ever-increasing applications of biomaterials in different medical fields, their accurate assessment is of great importance. Hence the safety and efficacy of biomaterials is confirmed only through the evaluation process, the way it is done has direct effects on public health. Although every biomaterial undergoes rigorous premarket evaluation, the regulatory agencies receive a considerable number of complications and adverse event reports annually. The main factors that challenge the process of biomaterials evaluation are dissimilar regulations, asynchrony of biomaterials evaluation and biomaterials development, inherent biases of postmarketing data, and cost and timing issues. Several pieces of evidence indicate …

Microfluidic Synthesis Of Plga/Carbon Quantum Dot Microspheres For Vascular Endothelial Growth Factor Delivery, Meisam Omidi, Mohadeseh Hashemi, Lobat Tayebi

School of Dentistry Faculty Research and Publications

In this study, vascular endothelial growth factor (VEGF) loaded poly(D,L-lactide-co-glycolide) (PLGA) – carbon quantum dot microspheres were produced using microfluidic platforms. The microcapsules were fabricated in flow-focusing geometry with a biphasic flow to generate solid/oil/water (s–o–w) droplets. To avoid any damage to protein functional and structural stability during the encapsulation process, the VEGF was PEGylated. The produced microspheres were intact and highly monodisperse in size (CV < 5%). Furthermore, microspheres in a size range of 16–36 µm were achieved by adjusting the flow ratio parameter. The encapsulation efficiency, release profile, and bioactivity of the produced microparticles were also studied. The loading efficiency of PEGylated VEGF in the microparticles was varied from 51–69% and more than 90% of PEGylated VEGF was released within 28 days. Furthermore, the release of VEGF was indirectly monitored by carbon quantum dots. The present monodisperse and controllable VEGF loaded microspheres with reproducible manner could be widely used in tissue engineering and therapeutic applications.

Applications Of 3d Printing On Craniofacial Bone Repair, 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 …

Do We Belong? Understanding How Program Directors Perceive The Role Of The Intensive English Programs On University Campuses, Irene Silas

UNF Graduate Theses and Dissertations

This qualitative case study examines the perspectives of leaders of five intensive English programs (IEPs) about their departments’ positions at U.S. public universities as well as their perceptions of the directors’ roles in developing visibility on campuses. The data was collected through interviewing and analyzed using the Constant Comparative Method which produced five distinctive themes: planned happenstance; belonging; funding; work with university; director’s role. The cross-case findings presented similar ideas from all of the participants – intensive English program legitimacy and visibility on campuses have still not been achieved. The findings from the study can aid IEP directors, and especially …

Intrinsic Attributes That Successful African American Men Who Grew Up With Adverse Childhood Experiences Attributed To Their Success, Philip J. Mobley Sr.

UNF Graduate Theses and Dissertations

This Q methodology study focused on those intrinsic attributes that successful African American men who had adverse childhood experiences attributed to their success. Using the purposeful and snowball sampling recruitment process, forty-two successful African American men participated in this research project. Five distinct factors were identified and labeled as, Factor 1: The Godly Working Men, Factor 2: The Competitive Men, Factor 3: The Charismatic Men, Factor 4: The Expectation Driven Men, and Factor 5: The Proud African American Men.

The main findings were that respectful African American boys who are taught to understand who they are spiritually, be proud of …

Testing Coulwave For Use In Modeling Cross-Shore Sand Transport And Beach Profile Evolution, Patrick Michael Cooper

UNF Graduate Theses and Dissertations

Realistic, reliable, and effective modeling of cross-shore sediment transport is not present in the current literature. Building that model requires the accurate recreation of breaking wave processes in the nearshore. To develop that first step for an as-yet-to-be-designed model, multiple phase-resolving wave transformation algorithms are reviewed for in-depth investigation. The COULWAVE model is selected for robust testing. Testing of the COULWAVE model shows that, although capable of recreating realistic results, it does not adequately describe major wave characteristics in the surf zone, across a wide range of conditions, to warrant use in a future cross-shore sediment transport model.

Effect Of Case Presentation On Physical Therapy Students’ Clinical Reasoning, Nicholas Larosa

UNF Graduate Theses and Dissertations

This mixed-methods study investigated the effects of case method presentation on the clinical reasoning hypotheses generated, strategies implemented, and errors made by physical therapy students working through a musculoskeletal clinical problem. The study was framed by Marton and Säljö’s levels of processing, McCrudden’s et al. goal-focusing model, Cognitive Load Theory, and the Model of Domain Learning. Verbatim transcriptions for each problem-solving session was created and coded. Cohen’s kappa was κ = .75 indicating substantial inter-rater reliability for the finalized coding schemes. Quantitative analysis included mean and standard deviation calculations followed by Mann Whitney-U comparisons which detected several significant differences …

Landing-Gear Impact Response: A Non-Linear Finite Element Approach, Tuan H. Tran

UNF Graduate Theses and Dissertations

The primary objective of this research is to formulate a methodology of assessing the maximum impact loading condition that will incur onto an aircraft’s landing gear system via Finite Element Analysis (FEA) and appropriately determining its corresponding structural and impact responses to minimize potential design failures during hard landing (abnormal impact) and shock absorption testing. Both static and dynamic loading condition were closely analyzed, compared, and derived through the Federal Aviation Administration’s (FAA) airworthiness regulations and empirical testing data.

In this research, a nonlinear transient dynamic analysis is developed and established via NASTRAN advanced nonlinear finite element model (FEM) to …