Digital Commons Network^™

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 …

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, …