Digital Commons Network^™

Brief Of National Association Of Criminal Defense Attorneys & National Association Of Federal Defenders As Amicus Curiae, Pereida V. Barr, No. 19-438, Joshua L. Dratel, Daniel L. Kaplan, David Lesser, Julia C. Pilcer, Jarret A. Zafran, Jenny Roberts

Hofstra Law Faculty Scholarship

No abstract provided.

When Agencies Make Criminal Law, Brenner M. Fissell

Hofstra Law Faculty Scholarship

The nondelegation doctrine prohibits a legislature from delegating its power to an administrative agency, yet it is famously underenforced — even when the delegation results in the creation of criminal offenses (so-called “administrative crimes”). While this practice appears to scandalize the hornbook presumption that legislatures alone define criminal offenses, it has long been ratified by the Supreme Court, and has received little scholarly attention. The few commentators who have addressed administrative crimes highlight the intuition that criminal sanctions are uniquely severe, and thus deserving of a more rigorous nondelegation analysis, but they stop there. They do not precisely link the …

The Indignities Of Civil Litigation, Matthew A. Shapiro

Hofstra Law Faculty Scholarship

Dispute resolution has become increasingly shrouded in secrecy, with the proliferation of protective orders in discovery, confidential settlement agreements, and private arbitration. While many civil procedure scholars have criticized this trend for undermining the systemic benefits of public adjudication, the desirability of secrecy in civil litigation proves to be a much more complicated question.

On the one hand, some of those same scholars have recently sought to justify civil litigation in terms that, ironically, highlight the benefits of secrecy. Although this new justification remains somewhat inchoate, it is best understood as a claim that the procedures of civil litigation allow …

Kaestner Fails: The Way Forward, Mitchell M. Gans

Hofstra Law Faculty Scholarship

This past term, the Supreme Court applied the due process clause to prevent the states from closing down a tax strategy that employs out-of-state trusts. Many had hoped that the case would serve as a vehicle for the Court to overrule taxpayer-friendly precedents that make the strategy possible. But it failed. The question that emerges is whether the decision leaves the states with a path to address the strategy and thereby prevent it from being used to exacerbate issues of inequality. After examining the decision, this paper considers the options available to the states and then suggests a way forward.

Should Criminal Justice Reformers Care About Prosecutorial Ethics Rules?, Bruce A. Green, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

Criminal justice reform groups typically explore multiple avenues for improving the law and legal processes. Among the campaigns are calls for more demanding laws governing prosecutors’ conduct and more effective oversight and enforcement of prosecutors’ compliance with their legal obligations. Yet little advocacy is directed toward ethics rules governing prosecutors and encouraging courts and disciplinary bodies to adopt, interpret, and enforce professional conduct rules so as to demand more of them. This article considers the reasons for such limited focus upon ethics rules and suggests the ways in which current rules regarding prosecutors' disclosure obligations and post-conviction ones can be …

Response To Birth Rights And Wrongs, Janet L. Dolgin

Hofstra Law Faculty Scholarship

No abstract provided.

Remaking The “Right To Die”: Give Me Liberty But Do Not Give Me Death, Janet L. Dolgin

Hofstra Law Faculty Scholarship

The article discusses the evolution of the right to die laws in the U.S. by examining the disputes that arose between clinicians and their patients or surrogates in cases like re Quinlan and Cruzan v. Director, Missouri Department of Health.

The Past, Present, And Future Of Christian Adr, Ronald J. Colombo

Hofstra Law Faculty Scholarship

Many religious traditions recommend (if not require) that their adherents bring some if not all of their disputes with co-adherents before a religious tribunal for resolution. The Christian religious tradition is no exception. That said, the dramatic history of the Church in the West, from that of a persecuted Jewish sect, to the official state religion of Imperial Rome, to an international authority competing with that of local monarchs, to its modern status of merely tolerated, has yielded a variety of evolving perspectives on the question of intra-faith dispute resolution within Christianity. This article examines that question and the historical …

Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin

Hofstra Law Faculty Scholarship

The article compares the benefits and disadvantages that each institutional approach, that of statutory law, courts, and hospital ethics consultants, brings to medical-futility disputes. Topics discussed include social and legal responses to conflicts about dying, conflicting values central to contemporary medial ethics, and value of autonomous patient choice.

Teressia Deloach

African American Funeral Programs

No abstract provided.

Be A Hero Too, Samantha S. Rohe, Sophie Cemaj

Books: Pediatrics

This children's book explains COVID-19 and how to decrease the incidence of transmissions.

Lower Extremity Stiffness In Collegiate Distance Runners Pre- And Post-Competition, Jake Tavernite, Matthew F. Moran

Exercise Science Faculty Publications

Previous evidence has suggested that there is a relationship between leg stiffness and improved running performance. The purpose of this investigation was to determine how leg stiffness of runners was influenced in the 24 and 48 hour period following a cross country race. Twenty-two collegiate cross-country runners (13 males, 9 females, 19.5 ± 1.4 yr) were recruited and participated in the study. Leg stiffness was assessed 24 hours before and after a race as well as 48 hours post-race. Three jumping protocols were conducted: 1) a static jump, 2) a countermovement jump, and 3) a vertical hopping test. Two embedded …

Multitarget Stool Dna Testing For The Prevention Of Colon Cancer: Outcomes In A Large Integrated Healthcare System, Nimish Vakil, Kristin Ciezki, Nadia Huq, Maharaj Singh

School of Dentistry Faculty Research and Publications

Background and Aims

Multitarget stool DNA (MT-sDNA) testing is used in primary care as a screening test for colon cancer. Test effectiveness and patient compliance were examined in clinical practice.

Methods

We assessed outcomes of MT-sDNA testing in a cohort study conducted in a large integrated healthcare system comprising 15 hospitals and 150 outpatient clinics using advanced electronic data capture (Clarity2 [Epic, Verona, Wisc, USA] and REDCap [Encinitas, Calif, USA]) followed by manual chart review to confirm MT-sDNA test results and to monitor the outcomes of subsequent colonoscopy.

Results

A total of 6835 MT-sDNA tests were performed over 1 year …

Santé Et Sécurité Du Travail : Notions Utiles À La Supervision De Stages De Métiers Semi-Spécialisés, Marie Laberge, Aurélie Tondoux, Gabriel Charland, Marie-Hélène Poirier

Guides

No abstract provided.

Ethical Blind Spots In Adoption Lawyering, Malinda L. Seymore

Faculty Scholarship

Lawyers engaged in adoption work often call it “happy law,” and consider adoption – finding a child for yearning parents, finding parents for a needy child – an unmitigated good. That attitude can mask the fact that all adoption begins with loss. One family loses a child so that another family can gain one. A lawyer’s assurance that she is engaged in positive work can lead to ethical blind spots that ignore the complexities of adoption practice. And while the touchstone of adoption is the best interests of the child, the primacy in legal ethics of the interests of the …

Boynton V. Virginia And The Anxieties Of The Modern African-American Customer, Amber Baylor

Faculty Scholarship

In 1958, Bruce Boynton was arrested for ordering food in a Whites-Only diner and charged with criminal trespass. Sixty years later, African Americans continue to face arrest and threat of arrest in commercial establishments based on discriminatory trespass claims. When store owners or employees decide to exclude would-be patrons from their establishment for discriminatory reasons, both overt and implicit, they rely on the police to enforce this form of discrimination. This article considers the legacy of Boynton v. Virginia, particularly the resonance of Boynton’s unaddressed claim, that the state enforcement of discriminatory trespass allegations is an Equal Protection violation.

African-American …

Copyright And The 1%, Glynn Lunney

Faculty Scholarship

No one ever argues for copyright on the grounds that superstar artists and authors need more money, but what if that is all, or mostly all, that copyright does? This article presents newly available data on the distribution of players across the PC videogame market. This data reveals an L-shaped distribution of demand. A relative handful of games are extremely popular. The vast majority are not. In the face of an L curve, copyright overpays superstars, but does very little for the average author and for works at the margins of profitability. This makes copyright difficult to justify on either …

The Race To The Middle, William Magnuson

Faculty Scholarship

How does federalism affect the quality of law? It is one of the fundamental questions of our constitutional system. Scholars of federalism generally fall into one of two camps on the question. One camp argues that regulatory competition between states leads to a “race to the bottom,” in which states adopt progressively worse laws in order to pander to powerful constituencies. The other camp, conversely, argues that regulatory competition leads to a “race to the top,” incentivizing states to adopt progressively better laws in the search for more desirable outcomes for their constituencies. Despite their apparent differences, however, both the …

Povos Indígenas, Genocídio E Pademia No Brasil, Fernanda Frizzo Bragato, Marco Antônio Delfino De Almeida, Jocelyn Getgen Kestenbaum

Articles

Indigenous Peoples, Genocide and Pandemics in Brazil

COVID-19 pandemics spreads among Brazilian indigenous communities while they endure the dismantling of protective policies, the current government's hostility, as well as the disproportionate effects in terms of contamination and mortality. This situation has been concerning indigenous organizations and public authorities in Brazil and worldwide. Indigenous peoples are potential victims of genocide, an act characterized both as a criminally punishable conduct and as a State policy capable to generate international State liability. This study intends to investigate whether and how the conditions of susceptibility to the physical destruction met by several Brazilian indigenous …

Why Protect Unauthorized Workers? Imperfect Proxies, Unaccountable Employers, And Antidiscrimination Law's Failures, Angela D. Morrison

Faculty Scholarship

This article explores a gap in the scholarship regarding the unauthorized workplace. It describes and names the two main justifications on which advocates and courts have relied to extend federal antidiscrimination protections to unauthorized workers. First, the proxy justification insists that workplace protections must include unauthorized workers because their protection is necessary to protect U.S. citizen and authorized workers. Second, the deterrence/accountability justification states that workplace protections must include unauthorized workers because it will deter employers from future violations of antidiscrimination laws and hold them accountable for violations of immigration law. While these justifications have led to some protection for …

From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam E. Gilles, Tanuja Gupta

Articles

No abstract provided.

Hydrogen Peroxide Preconditioning Promotes Protective Effects Of Umbilical Cord Vein Mesenchymal Stem Cells In Experimental Pulmonary Fibrosis, Tayebeh Mahmoudi, Kamal Abdolmohammadi, Hamed Bashiri, Mehdi Mohammadi, Mohammad Jafar Rezaie, Fardin Fathi, Shohreh Fakhari, Mohammad Ali Rezaee, Ali Jalili, Mohammad Reza Rahmani, Lobat Tayebi

School of Dentistry Faculty Research and Publications

Purpose

Idiopathic pulmonary fibrosis (IPF) is a progressive lung disorder with few available treatments. Mesenchymal stem cell therapy (MSCT), an innovative approach, has high therapeutic potential when used to treat IPF. According to recent data, preconditioning of MSCs can improve their therapeutic effects. Our research focuses on investigating the anti-inflammatory and antifibrotic effects of H₂O₂-preconditioned MSCs (p-MSCs) on mice with bleomycin-induced pulmonary fibrosis (PF).

Methods

Eight-week-old male C57BL/6 mice were induced with PF by intratracheal (IT) instillation of bleomycin (4 U/kg). Human umbilical cord vein-derived MSCs (hUCV-MSCs) were isolated and exposed to a sub-lethal concentration (15 …

Voltammetry And Spectroelectrochemistry Of Tcnq In Acetonitrile/Rtil Mixtures, Abderrahman Atifi, Michael D. Ryan

Chemistry Faculty Research and Publications

Understanding the solvation and ion-pairing interactions of anionic substrates in room-temperature ionic liquids (RTIL) is key for the electrochemical applications of these new classes of solvents. In this work, cyclic voltammetry and visible and infrared spectroelectrochemistry of tetracyanoquinodimethane (TCNQ) was examined in molecular (acetonitrile) and RTIL solvents, as well as mixtures of these solvents. The overall results were consistent with the formation of RTIL/acetonitrile nanodomains. The voltammetry indicated that the first electrogenerated product, TCNQ⁻, was not incorporated into the RTIL nanodomain, while the second electrogenerated product, TCNQ²⁻, was strongly attracted to the RTIL nanodomain. The visible …

The Cynical Successes Of The Guantánamo Bay Military Commissions, G. Alex Sinha

Hofstra Law Faculty Scholarship

Since they were first authorized in the weeks after the 9/11 attacks, the Guantanamo Bay Military Commissions--special military tribunals for the trial of certain terror suspects--have generated eight minor convictions at a cost of over one billion dollars. Nearly half of the convictions have been vacated on appeal. The three ongoing contested cases, including the case against those accused of complicity in the 9/11 attacks, remain mired in pretrial proceedings. The biggest storylines emanating from the commissions do not concern convictions, but rather government surveillance of the defense teams and the compelled recusal of judges for the appearance of partiality …

Regresando A La Creación: Reflexiones Teológicas Sobre Principios Básicos De La Hermenéutica Bíblica Aplicada A La Ordenación De La Mujer, Jiri Moskala

Faculty Publications

No abstract provided.

Student Occupational Health And Safety Hazard Assessment: Toolkit For Teachers Supervising Work-Oriented Training Path Practicums, Marie Laberge, Aurélie Tondoux

Guides

No abstract provided.

Religious Belief And Culture: The Curious Case Of The Intuitive Soul, Karl G. D. Bailey, Duane C. Mcbride

Faculty Publications

While Adventists recognize some of the straightforward and concrete ideas that are part of doctrinal training on human nature and the state of the dead, the core intuitive belief in mind-body dualism likely continues to influence how Adventists understand human nature.

Response To Oliar And Stern: On Duration, The Idea/Expression Dichotomy, And Time, Wendy J. Gordon

Faculty Scholarship

Courts often use possession to determine who should own unclaimed resources. Yet, as Oliar and Stern demonstrate, the concept of possession is little more than a metaphor, capable of being applied to a broad range of phenomena. The authors helpfully deploy “time” as a metric to sort through the rules determining what should count as possession, and they survey the likely costs and benefits attached to choosing earlier versus later events as triggers for acquiring title.

With those tools in hand, Oliar and Stern employ “time” and the analogy of physical possession to address problems in copyright, patent, and trademark …

Color-Blind But Not Color-Deaf: Accent Discrimination In Jury Selection, Jasmine Gonzales Rose

Faculty Scholarship

Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too often deemed acceptable to exclude jurors because they sound like racial minorities. The fact that accent discrimination is commonly racial, ethnic, and national origin discrimination is overlooked. This Article critically examines sociolinguistic scholarship to explain the relationship between accent, race, and racism. It argues that accent discrimination in jury …