Digital Commons Network^™

False Flags And The First Amendment: Lying Through Symbolic Speech, G. Alex Sinha

Hofstra Law Faculty Scholarship

Ivan Hunter, a leader of the right-wing Boogaloo Bois, recently pleaded guilty to participating in a riot when he fired his AK-47 at the Minneapolis Police Third Precinct during a Black Lives Matter protest in May of 2020. Hunter 's target the home base of Derek Chauvin, the officer captured on video killing George Floyd burned down at the hands of protesters the same evening. This Essay argues that Hunter's conduct is best understood as symbolic speech under the First Amendment, a conclusion few analyses would bother to reach because such speech would still be categorically excluded from First Amendment …

Corporate Governance Gaming: The Collective Power Of Retail Investors, Sergio Alberto Gramitto Ricci, Christina M. Sautter

Hofstra Law Faculty Scholarship

The GameStop saga and meme stock frenzy have shown the pathway to the most disruptive revolution in corporate governance of the millennium. New generations of retail investors use technologies, online forums, and gaming dynamics to coordinate their actions and obtain unprecedented results. Signals indicate that these investors, whom we can dub wireless investors, are currently expanding their actions to corporate governance. Wireless investors' generational characteristics suggest that they will use corporate governance to pursue social and environmental causes. In fact, wireless investors can set in motion a social movement able to bring business corporations to serve their original partly-private partly- …

Debilitating Publics: Reading Canlit's Investigations Into Psycho-Affective Pain And Social Change, Rebekah Ludolph

Theses and Dissertations (Comprehensive)

The reception studies that comprise this dissertation take up contemporary depictions of psycho-affective pain from the field of Canadian literature that are embraced by prominent literary publics as an act of social responsibility. Each study contextualizes the publics that review these texts within the ongoing use of literary culture to justify the settler state’s land claim, nationally reparative reading practices, and trends in the therapeutic use of literature. Tracing the affective reactions documented within each text’s reception, this study finds that narratives that fail to locate the nation as a reparative project are susceptible to interpretive practices that pathologize, rather …

Should The U.S. Government Actively Assert Its Own Patents?, Christopher J. Morten, Barry Datlof, Amy Kapczynski, Donna Meuth, Zain Rizvi

Faculty Scholarship

On March 10, 2021, our journal partnered with the Engelberg Center on Innovation Law and Policy to host a symposium addressing the role and impact of U.S. innovation policy on access to medicine. Our 2021 Symposium Issue — Volume 11, Issue 1 — captures that event.

The following article represents the second of four panels. This panel asked, “Should the U.S. government actively assert its own patents?” The panel was moderated by Christopher Morten, Deputy Director of NYU Law’s Technology Law & Policy Clinic. The panelists included Barry Datlof, Chief of Business Development and Commercialization in the Office of Medical …

Jumping For Joy, Joy Smith Griffin

Books

No abstract provided.

Removing Carbon Dioxide Through Ocean Alkalinity Enhancement: Legal Challenges And Opportunities, Romany M. Webb, Korey Silverman-Roati, Michael B. Gerrard

Faculty Scholarship

Many scientists now agree that achieving the 2015 Paris Agreement’s goal of limiting global warming to “well below” 2°C, and ideally to 1.5°C, above pre-industrial levels will require both major reductions in greenhouse gas emissions and the removal of massive amounts of carbon dioxide from the atmosphere. Various terrestrial and ocean-based carbon dioxide removal techniques have been proposed, but further research is needed to evaluate their relative benefits and drawbacks. Initial studies suggest that terrestrial carbon dioxide removal techniques, such as bioenergy with carbon capture and storage, may require large amounts of land, which could lead to conflicts with other …

Preliminary Report On The 2018 Season Of Excavations At Khirbat As-Safrā, Paul Z. Gregor, Constance E. Gane, Trisha Broy, Jacob A. Moody

Faculty Publications

No abstract provided.

Inequality, Covid-19, And International Human Rights: Whose Lives Matter?, Barbara J. Stark

Hofstra Law Faculty Scholarship

Part 1 of the article shows that the poor, everywhere, are more likely to get sick and more likely to die when they do. In many countries, they are also more likely to starve.

Part II explains why this is a matter of human rights. The ongoing deprivation of basic rights to healthcare and an adequate standard of living are major factors. As this Part demonstrates, however, the extreme vulnerability of the poor is grounded in earlier violations of human rights, including state-sanctioned segregation in the American south in the 1950s and what one author has called “the darker side …

Viability Of A Proposed Transparent Fluid Model For Analog Metal Casting Filling Process, Andres Segura Irazoqui

Dissertations and Theses @ UNI

This research work was conducted to develop a proposed transparent fluid model to mimic dross formation and dispersion in metal castings during the mold filling process. The major cause for dross formation includes the air entrainment, surface turbulence, and bubbles, which create oxide films inside the molten metal. The oxide films are trapped inside the casting after solidification causing detrimental effects on the mechanical properties of the casting.

The objective of the investigation was to explore the feasibility using phenolic urethane as a transparent fluid material to investigate air entrainment mechanism. The experimentation consists of the following materials: the phenolic …

Development And Dynamics Of Us Welfare Policy, Liza Gordon

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this dissertation I analyze the development of contemporary US welfare policy with special consideration given to the importance of race and gender. In the introductory chapter I outline how the development of the American welfare state has continuously neglected the needs of women and minorities as well as how classist, racist, and sexist appeals have been prevalent throughout US history in relation to welfare policies. The remaining chapters analyze how contemporary welfare policies including the 1996 welfare reforms and state drug-testing for welfare laws carry on these American legacies. In Chapter 1 I examine how the classist, sexist, and …

Development Of Vibrating Sharp-Edge Spray Ionization (Vssi) Methods For Mass Spectrometry Analysis And Imaging, Nandhini Ranganathan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Mass Spectrometry (MS) is one of the widely used tools for chemical detection down to attomole concentrations for certain proteins. Ionization sources are a critical component for MS analysis. One of the major ionization methods is electrospray ionization (ESI), which remains a gold standard for proteins and peptides. ESI uses voltages up to ~4 kV to produce ions from solubilized molecules. Recently, a novel ionization method termed vibrating sharp-edge spray ionization (VSSI) that nebulizes liquids efficiently at the edge of a vibrating glass slide has been reported. The work in this thesis leverages the capabilities of VSSI for continuous flow-based …

The Ethics Of Aerial Bombardment In International Conflicts: From Douhet To Drones, Rauan Zhaksybergen

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this thesis, I demonstrate how the question of ethics in aerial bombardment has been evolving and transforming since its inception at the beginning of the twentieth century to contemporary targeted killings/assassinations by drones. I interact with early airpower theories from Douhet, Trenchard, Mitchell, and contemporary air tactics in order to establish a crucial sequence between these early theories and practices of aerial violence and modern ones conducted by armed drones. I show how the evolution of aerial bombardment challenged, influenced, and transformed essentials of conventional warfare, as well as dispersed boundaries between combatants and non-combatants. Contemporary legally uncontrolled targeted …

Pathways To Accountability For Starvation Crimes In Yemen, Laura Graham

Case Western Reserve Journal of International Law

No abstract provided.

Neutral On Its Face, Dignitary Harm At Its Core, Bethany Gump Jones

Case Western Reserve Journal of International Law

No abstract provided.

Development Of A Breech-Specific Integrated Care Pathway For Pregnant Women: Protocol For A Mixed Methods Study, Sara Morris, Sadie Geraghty, Deborah Sundin

Research outputs 2014 to 2021

Background: The development of an integrated care pathway with multidisciplinary input to standardize and streamline care for pregnant women experiencing breech presentation at 36 or more weeks of gestation poses several challenges because of the divisive and contentious nature of the phenomenon. Although many clinicians are interested in obtaining the skills required to safely support women desiring a vaginal breech birth, the primary trend in most health care facilities is to recommend a cesarean section. Objective: This paper aims to discuss the mixed methods approach used in a doctoral study conducted to generate new knowledge regarding women’s experiences of breech …

Non-Monetary Economies: A Study On Different Governing Principles, Richard Perry Vest Ii

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis examines a new economic system with a focus on non-monetary (primarily automation) aspects. Currency has been used in exchange for goods and services and this exchange has often resulted in benefits gained by any given individual. What if that wasn’t the case? How might society function if it was not influenced by currency? This thesis explores this hypothetical concept of an economy without currency with a focus given to automation. Using utility and production functions, discussion is given on how supply and demand functions behave in a non-monetary economy, how governing policy could be handled, and how society …

Evaluation Of A Low-Cost Uas And Phenocams For Measuring Grapevine Greenness, Timothy J. Hoheneder

Graduate Theses, Dissertations, and Problem Reports (ETD)

Unpersoned aerial systems (UAS) could provide winegrowers with the potential to monitor vineyard productivity with ultra-high-resolution imagery and low operational costs. This ability could prove particularly valuable in the challenging cool-climate viticultural areas of Appalachia. Especially in this mountainous region of increasingly variable microclimates, there could be of great value from an ability to use UAS-measured greenness to monitor wine grape phenology and predict harvest quality and quantity. In this study, I assess how UAS-measured greenness relates to three complementary measures of field-based: leaf angle measurements, phenocam measured greenness, and leaf spectral measurements of greenness. After correlating these field-based measures …

Cynthia Harriet Plair Roddey Papers - Accession 937, Cynthia Plair Roddey, Winthrop University

Manuscript Collection

The collection consists of one scrapbook of Cynthia Plair Roddey beginning in 1967, the year she began her studies at Winthrop University. There are also three diplomas included in the collection; one from Johnson C. Smith University, where Roddey received her Bachelor of Arts degree, one from then Winthrop College, where she received her Master of Arts in Teaching, and one from the Mid-Atlantic Seminary, where she received her degree of Doctor of Ministry. The scrapbook contains Roddey’s life history up to 1997. Within the scrapbook are copies of her high school diploma, college and university degrees, a copy of …

Foucault’S Keystone: Confessions Of The Flesh, Bernard E. Harcourt

Faculty Scholarship

The fourth and final volume of The History of Sexuality offers the keystone to Michel Foucault’s critique of Western neoliberal societies. Confessions of the Flesh provides the heretofore missing link that ties Foucault’s late writings on subjectivity to his earlier critique of power. Foucault identifies in Augustine’s treatment of marital sexual relations the moment of birth of the modern legal actor and of the legalization of social relations. With the appearance of the modern legal subject, Foucault’s critique of modern Western societies is complete: it is now possible to see how the later emergence of an all-knowing homo oeconomicus strips …

Communication Surrounding Initiation And Withdrawal Of Non-Invasive Ventilation In Adults With Motor Neuron(E) Disease: Clinicians’ And Family Members’ Perspectives, Charlotte Chapman, Sara Bayes, Moira Sim

Research outputs 2014 to 2021

Introduction: International guidelines recommend that health care clinicians communicate with people with MND and their family members about non-invasive ventilation (NIV) and percutaneous gastrostomy tube (PEG) prior to or at the onset of respiratory symptoms. This study sought to discover the degree to which these recommendations are followed in practice.

Methods: Interpretive Description methodology was employed. Nineteen clinicians experienced in caring for people with MND, six relatives of recently deceased people with MND and one person with MND participated in semi-structured in-depth interviews. Clinicians’ accounts of NIV and PEG related communications were compared to family member participants’ recollections of their …

The Combined Transitions Of Great Power Politics And The Global Energy System A Comparative Analysis Of China, The United States And Russia, Roger Boyd

Theses and Dissertations (Comprehensive)

The objective of this study is to provide a framework that allows for a holistic and integrated analysis of what will become, if they are not already, the two most significant determinants of foreign policy – the need for a fundamental change in the global energy system and the nature of major power competition within the international system. It specifically rejects the eco-modernist framing of the required energy transition as simply a technocratic challenge, and instead accepts the large-scale nature of the social, political and economic changes and disruptions that will be required. By framing these changes within the dynamic …

Don’T Bring An Army To An Arbitration (England, 1411), David J. Seipp

Faculty Scholarship

The name of our friend Derek Roebuck will always be linked to the long history of arbitration and mediation which he has chronicled so thoroughly in a dozen volumes by my count and many articles and chapters. On a spectrum of dispute resolution methods from formal courtroom litigation to savage brute force, arbitration stands at an interesting intermediate point. In tribute to Derek’s memory, I offer this glimpse of a curious episode at the intersection of due process of law, armed violence and principled arbitration. It reminds us that these three alternatives were not always as widely differentiated as we …

Digital Forensic Readiness In Operational Cloud Leveraging Iso/Iec 27043 Guidelines On Security Monitoring, Sheunesu Makura, H. S. Venter, Victor R. Kebande, Nickson M. Karie, Richard A. Ikuesan, Sadi Alawadi

Research outputs 2014 to 2021

An increase in the use of cloud computing technologies by organizations has led to cybercriminals targeting cloud environments to orchestrate malicious attacks. Conversely, this has led to the need for proactive approaches through the use of digital forensic readiness (DFR). Existing studies have attempted to develop proactive prototypes using diverse agent-based solutions that are capable of extracting a forensically sound potential digital evidence. As a way to address this limitation and further evaluate the degree of PDE relevance in an operational platform, this study sought to develop a prototype in an operational cloud environment to achieve DFR in the cloud. …

Digital Forensic Readiness Intelligence Crime Repository, Victor R. Kebande, Nickson M. Karie, Kim-Kwang R. Choo, Sadi Alawadi

Research outputs 2014 to 2021

It may not always be possible to conduct a digital (forensic) investigation post-event if there is no process in place to preserve potential digital evidence. This study posits the importance of digital forensic readiness, or forensic-by-design, and presents an approach that can be used to construct a Digital Forensic Readiness Intelligence Repository (DFRIR). Based on the concept of knowledge sharing, the authors leverage this premise to suggest an intelligence repository. Such a repository can be used to cross-reference potential digital evidence (PDE) sources that may help digital investigators during the process. This approach employs a technique of capturing PDE from …

Jacobson 2.0: Police Power In The Time Of Covid-19, James R. Steiner-Dillon

Akron Law Faculty Publications

The COVID-19 pandemic has become a legal, as well as a public health, crisis. In response to the pandemic, state and municipal governments have imposed unprecedented constraints on Americans’ daily activities. These restrictions provoked a wave of constitutional challenges that have revealed the antiquated doctrinal foundations of states’ police power in the area of public health. It has been over a century since the Supreme Court, in Jacobson v. Massachusetts, articulated a broadly deferential approach to constitutional review of state orders issued in response to a public health emergency. The constitutional order has changed since Jacobson was decided; many provisions …

A Global Pandemic Remedy To Vaccine Nationalism, Emily Michiko Morris, Orit Fischman-Afori, Miriam Marcowitz-Bitton

Akron Law Faculty Publications

Recognizing the need for flexibility in times of emergency and building upon knowledge gained from existing international and domestic compulsory licensing laws, we propose a global, centralized scheme to provide access to vaccines during pandemics. In many ways our proposal mirrors some of the World Health Organization's (WHO) COVID-19 vaccine initiatives but consolidates and expands them into a much more efficacious form. Under the proposed model, the WHO's declaration of a pandemic would trigger a global procurement and distribution scheme for vaccines. The proposed scheme would be mandatory and would require that all countries operate as one buyer vis-a-vis vaccine …

Sailor-Scholar: Remembering Rear Admiral Horace B. Robertson Jr., Jagc, U.S. Navy (Ret.)

International Law Studies

This volume is dedicated to the memory of

Rear Admiral Horace B. Robertson Jr.,

JAGC, U.S. Navy (Ret.)

November 13, 1923 – November 19, 2020

The Lost Histories Of The Shetayet Of Sokar: Contextualizing The Osiris Shaft At Rosetau (Giza) In Archaeological History, Nicholas Edward Whiting

Graduate Student Theses, Dissertations, & Professional Papers

The Osiris Shaft is one of many archaeological signatures associated with Egypt’s Giza Plateau, the most well-known of which are the Great Pyramids. However, the role(s) the Osiris Shaft feature played in the religious and daily practices of ancient Egyptians remain(s) unknown. This research seeks to contextualize the Osiris Shaft in Egyptian history to learn more about this feature’s story. In order to achieve this goal, this thesis examines funerary deities associated with Memphis theology and explores archaeological investigations related to the Osiris Shaft, including the work of Dr. Zahi Hawass and investigations by the Giza Mapping Project. Thanks to …

Uncovering Cooperation In Housepit 54, Bridge River, British Columbia, Canada, Megan Denis

Graduate Student Theses, Dissertations, & Professional Papers

There is a significant amount of literature regarding the theory of cooperation, as well as ethnographies and data from modern populations that clearly show cooperation, yet it is difficult to tease that information out of the archaeological record. My thesis will focus on floors IIi to IIc of Bridge River’s Housepit 54 in British Columbia, Canada, which extends from the Bridge River 2 period to the Bridge River 3 period and includes two incidents of resource stress and one of resource plenty. These times of fluctuating resource availability should result in the population utilizing different approaches to social organization. By …

Non-Indian Reservations, Joshua Matthew Rosenau

Graduate Student Theses, Dissertations, & Professional Papers

This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.