Digital Commons Network^™

Conflicting Fundamental Rights Under The Indian Constitution: Analyzing The Supreme Court’S Doctrinal Gap, Nikhil Pratap

LL.M. Essays & Theses

The Constitution of India recognizes a wide variety of fundamental rights: civil and political, socio-economic, and group rights. A conflict between these rights is a common occurrence. The Supreme Court of India’s method of resolving conflicts has been ad-hoc, nebulous, and vague. The Court rarely locates the conflict at a granular level and, on the rare occasion that it does, the decision lacks comprehensive reasoning. This paper attempts to demonstrate the doctrinal, structural, and reasoning gap in the Court’s jurisprudence. The paper does so by analyzing a subset of cases where the Court has adjudicated on conflicts between the right …

The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip

LL.M. Essays & Theses

Whether or not investor-State dispute settlement (“ISDS”) faces a “legitimacy crisis,” there is a “growing consensus” that it requires reform. The development of the fair and equitable treatment standard (“FET standard”) by arbitral tribunals been a salient factor in fomenting this consensus and is the subject of several reform proposals. A number of scholars, including Professors Sornarajah and Gus van Harten, claim the interpretative process undertaken by tribunals in relation to the FET standard has contributed to ISDS’ legitimacy crisis because it involves applying subjective notions of what adjudicators perceive to be desirable developments of the law. On the other …

Defending Human Difference By Raising The Bar, Joe Gough

Animal Sentience

Chapman & Huffman (C&H) offer a theory of why we humans want to believe that we are different: to justify our cruelty to animals. This commentary offers further supporting evidence of this and examines more closely what the claim that humans are ‘different’ amounts to. It also considers some methodological issues in animal psychology closely related to C&H ‘s theory. These problems result from a common strategy for defending hypotheses about human difference.

From The Field: Using A Simple Guide To Help Students Write Better Abstracts., Rochelle H. Holm, Anna Karin Roo

Faculty and Staff Scholarship

Students in science, technology, engineering, and mathematics (STEM) often write abstracts for research assignments but may not understand the purpose of an abstract. This paper presents the pilot of a simple guide for writing abstracts which gave student support to two undergraduate Malawian ELL students for their undergraduate research assignment. The two students and the instructor found the handout was helpful for the students to develop technical writing skills for the abstracts.

Sars-Cov-2 Rna Abundance In Wastewater As A Function Of Distinct Urban Sewershed Size., Rochelle H. Holm, Anish Mukherjee, Jayesh P. Rai, Ray A. Yeager, Daymond Talley, Shesh N. Rai, Aruni Bhatnagar, Ted Smith

Faculty and Staff Scholarship

During the COVID-19 pandemic, wastewater-based epidemiology has emerged as a promising approach for monitoring SARS-CoV-2 prevalence on a community-level. Despite much being known about the utility of making these measurements in large wastewater treatment plants, little is known about the correlation with finer geographic resolution, such as those obtained through sewershed sub-area catchments. This study aims to identify community wastewater surveillance characteristics between sewershed areas that affect the strength of the association of SARS-CoV-2 RNA detection in a metropolitan area. For this, wastewater from 17 sewershed areas were sampled in Louisville/Jefferson County, Kentucky (USA), from August 2020 to April 2021 …

2022 State Of Metropolitan Housing Report: Towards A Just Housing Future In Uncertain Times., Lauren Heberle, Kelly Kinahan, Rebecca Halpryn, C. Johnson, M. Neal

Faculty and Staff Scholarship

No abstract provided.

Judith S. Kaye: A Chief Judge For Families And Children, Andrew Shepard

Hofstra Law Faculty Scholarship

No abstract provided.

Sorry, They Were On Mute: The Sec’S “Token Proposal 2.0” As Blueprint For Regulatory Response To Cryptocurrency, J. Scott Colesanti

Hofstra Law Faculty Scholarship

In 2008, as the world dreaded economic meltdown, one or more anonymous individuals titled "Nakomoto" posted a scientific white paper on the Internet. "Bitcoin" was thus born. That name - uttered but once in the white paper- would go on to define a movement, a market, and a mountain.

By late 2010, approximately 100 bitcoin had been mined; two years later, that number approached 10 million, and a second crypto had emerged. By 2018, bitcoin traded at over $18,000 per coin; a year later, that market value had plummeted to less than $5,000. Concurrently, tales of digital asset fortunes lost …

Choosing Death, Shaping Death: Assumptions About Disabilities, Race, And Death, Janet L. Dolgin

Hofstra Law Faculty Scholarship

This article considers two legal cases and the stories that developed around them. Both the cases and their stories involved issues of significance to the larger society - death and bias. Each concern has occasioned confusion and debate in its own right. When these issues are combined, confusion and debate are intensified. This Article examines the complicated interplay between bias and decisions about death and dying in the U.S. health care system. Further, it reviews intersecting claims about the importance, respectively, of autonomy and community in resolving disputes about the topics of death and dying.

Transactional Clinical Support For Mutual Aid Groups: Toward A Theory Of Transactional Movement Lawyering, Michael Haber

Hofstra Law Faculty Scholarship

In response to the global spread of the COVID-19 pandemic in the spring and summer of 2020, thousands of grassroots, participatory, and often social movement-connected community efforts to help feed and care for one another through the crisis were launched, many of which identified their projects as 'mutual aid'. This article tells the story of how the Hofstra Law School Community Economic Development ("CED") Clinic has provided legal support and information to hundreds of these COVID-19 mutual aid groups. The article briefly reviews Professor Dean Spade's 2020 book Mutual Aid: Building Solidarity During This Crisis (and the Next), contrasting it …

When Exemptions Discriminate: Unlawfully Narrow Religious Exemptions To Vaccination Mandates By Private Colleges And Universities, Ronald J. Colombo

Hofstra Law Faculty Scholarship

Numerous colleges and universities have imposed COVID-19 vaccination mandates upon their students. Most of these mandates also include language purporting to recognize medical and religious exemptions. With regard to religious exemptions, some are unjustly discriminatory. Most notably, some give preference to students who are members of organized religions over students who are not. And even facially neutral exemptions can be administered in an unjustly discriminatory way by, for example, giving preference to one set of religious denominations over another, or by engaging in “religious profiling” (whereby students of a particular denomination are held completely beholden to the beliefs of that …

Wrongful Imprisonment And Coerced Moral Degradation, G. Alex Sinha, Janani Umamaheswar

Hofstra Law Faculty Scholarship

Despite the ever-growing number of exonerations in the U.S.— and the corresponding surge in scholarly interest in wrongful convictions in recent years—research on the carceral experiences of wrongfully-convicted persons remains strikingly limited. In this essay, we draw on in-depth interviews with 15 exonerated men to explore the moral dimensions of the experience of wrongful imprisonment. We argue that imprisonment entails what we refer to as “coerced moral degradation,” whereby innocent men’s self-preservation efforts in prison require them to feign being—and at times actually become— morally worse people. We argue that these findings speak to the fundamental question of what the …

Voting Rights Or Voting Entitlements?, James J. Sample

Hofstra Law Faculty Scholarship

It took nearly 100 years after the United States gained its independence for African American men to secure the right to vote, and almost 150 years for African American women. A right perceived—though not de facto honored—as fundamental for all Americans today was fought for in a war less than two centuries ago, costing 620,000 lives. The country quite literally divided over the idea that African Americans should be afforded basic human rights. Today, resistance to the franchise—to what the mythology of America 'stands for'—is not remotely erased, but rather, newly emboldened, even if it masquerades under more obfuscating terminology. …

The Elephant In The Room In Clinical Scholarship: Ethical Guardrails And Case Histories, Theo Liebmann, Stefan H. Krieger

Hofstra Law Faculty Scholarship

Lawyers know how to tell a good story and are expected, encouraged, and even ethically required to use that skill on behalf of their clients. More and more, lawyers and legal academics are now using their clients' stories to advance goals that go far beyond achieving a client's objectives: exposing inequities with regard to access to justice; educating the public about the functioning and limitations of the legal system; raising the quality of lawyering; and improving our system of legal education. Unfortunately, the increase in the use of case histories to achieve such laudable goals has not been paired with …

The Thin Blue Line Between Virtue And Vice: Confronting The Moral Harms Of Policing, G. Alex Sinha

Hofstra Law Faculty Scholarship

Scholarship on policing has exploded in recent years as bystanders increasingly record and circulate videos of police brutality, much of it directed at civilians of color. These incidents have invited significant attention on the culture of police departments and police unions, generating widespread calls for the reform or even the abolition of police forces. The traditional considerations at the center of these debates include the practical challenges to enacting reforms, the expected efficacy of proposed changes for curtailing abuses, and the possible costs of these changes (whether measured in dollars or crime rates). The moral premises that are inherently embedded …

2015 Blue Star Families Military Family Lifestyle Survey: Executive Summary, Institute For Veterans And Military Families At Syracuse University, Blue Star Families

Institute for Veterans and Military Families

This brief is the Executive Summary for the 2015 Military Family Lifestyle Survey.

#Fintok And Financial Regulation, Nikita Aggarwal, D. Bondy Valdovinos Kaye, Christopher K. Odinet

Faculty Scholarship

Social media platforms are becoming an increasingly important site for consumer finance. This phenomenon is referred to as “FinTok,” a reference to the “#fintok” hashtag that identifies financial content on TikTok, a popular social media platform. This Essay examines the new methodological possibilities for consumer financial regulation due to FinTok. It argues that FinTok content offers a novel and valuable source of data for identifying emerging fintech trends and associated consumer risks. As such, financial regulators should use FinTok content analysis—and social media content analysis more broadly—as an additional method for the supervision and regulation of consumer financial markets. The …

Tax Opinion Policies And Procedures, Linda Galler

Hofstra Law Faculty Scholarship

This Article summarizes and comments on a 2021 survey by the American College of Tax Counsel (ACTC) on the policies and procedures followed by law and accounting firms in drafting tax opinions. The Article provides background on the contexts in which tax opinions are issued and considerations that are relevant to the composition of such opinions; defines and distinguishes among the levels of assurance at which tax opinions are typically provided; and presents an overview of ethical rules and related considerations, including Circular 230 and the Code's preparer penalty provisions, implicated in the process of drafting and issuing tax opinions. …

Application Of Accentuated Eccentric Loading To Elicit Acute And Chronic Velocity And Power Improvements: A Narrative Review, Justin Merrigan, Jonathon Borth, Christopher B. Taber, Timothy J. Suchomel, Margaret Jones

Exercise Science Faculty Publications

No abstract provided.

Current Trends In Covid-19 Diagnosis And Its New Variants In Physiological Fluids: Surface Antigens, Antibodies, Nucleic Acids, And Rna Sequencing, Menna Mostafa, Ahmed Barhoum, Ekin Sehit, Hossam Gewaid, Eslam Mostafa, Mohamed M. Omran, Mohga S. Abdalla, Fatehy M. Abdel-Haleem, Zeynep Altintas, Robert J. Forster

Research Outputs: 2025-Present

Rapid, highly sensitive, and accurate virus circulation monitoring techniques are critical to limit the spread of the virus and reduce the social and economic burden. Therefore, point-of-use diagnostic devices have played a critical role in addressing the outbreak of COVID-19 (SARS-CoV-2) viruses. This review provides a comprehensive overview of the current techniques developed for the detection of SARS-CoV-2 in various body fluids (e.g., blood, urine, feces, saliva, tears, and semen) and considers the mutations (i.e., Alpha, Beta, Gamma, Delta, Omicron). We classify and comprehensively discuss the detection methods depending on the biomarker measured (i.e., surface antigen, antibody, and nucleic acid) …

Valence Bond Glass State In The 4d 1 Fcc Antiferromagnet Ba2Lumoo6, O. H.J. Mustonen, H. M. Mutch, H. C. Walker, P. J. Baker, F. C. Coomer, R. S. Perry, C. Pughe, G. B.G. Stenning, C. Liu, S. E. Dutton, E. J. Cussen

Research Outputs: 2025-Present

B-site ordered 4d¹ and 5d¹ double perovskites have a number of potential exotic ground states including multipolar order, quantum spin liquids and valence bond glass states. These arise from the complex interactions of spin-orbital entangled J_eff = 3/2 pseudospins on the geometrically frustrated fcc lattice. The 4d¹ Mo⁵⁺ perovskite Ba₂YMoO₆ has been suggested to have a valence bond glass ground state. Here we report on the low temperature properties of powder samples of isostructural Ba₂LuMoO₆: the only other known cubic 4d¹ perovskite with one magnetic cation. Our …

Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic, Andrea K. Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden

Articles

Domestic violence procedures, like so many court processes around the world, were forced to go online and remote during the pandemic. The impact was dramatic—there were fewer restraining order petitions filed in the first place and an even lower amount granted. In short, domestic violence survivors, among the most vulnerable in our court system, were even more challenged in the last two years. Like many court systems, Milwaukee will never go back to being fully in-person for all procedures in conjunction with domestic violence. The evolving hybrid choices could provide additional access to justice, or these processes could create additional …

Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein

Articles

Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate explicit and tacit collusion. This Article argues that the policy challenges pricing algorithms pose are far broader than collusive conduct. It demonstrates that algorithmic pricing can lead to higher prices for consumers in competitive markets and even in the absence of collusion. This consumer harm can be initiated by a single firm employing a superior pricing algorithm. Higher prices arise from …

Thyroid Cyst Grows E. Coli, Clarissa Hayes, Marc Stezzi Do, Emily C. Skutnik Do, Trevor Scheckelhoff, Henry Lam Do, David Egeler, Jeffrey Wright Do, Gretchen A. Perilli Md

Department of Medicine

No abstract provided.

A Curious Case Of Intractable Hepatic Encephalopathy, Timothy Graziano Do, Michael Li Md, Amanda Jacubowsky Do, Arjan Ahluwalia Md, Ross Myers Md

Department of Medicine

No abstract provided.

Autoimmune Hemolytic Anemia And Pure Red Cell Aplasia Associated With Immunotherapy, Merissa Misiura Md, Martin Delatorre Do, Natalie Chlus Md, Alisha Hossain Do, Muhammad A. Rizvi Md, Suresh G. Nair Md

Department of Medicine

No abstract provided.

Post-Grant Adjudication Of Drug Patents: Agency And/Or Court?, Arti K. Rai, Saurabh Vishnubhakat, Jorge Lemus, Erik Hovenkamp

Articles

The America Invents Act of 2011 (AIA) created a robust administrative system-the Patent Trial and Appeal Board (PTAB)-that provides a route for challenging the validity of granted patents outside of district courts. Congress determined that administrative adjudication of the validity of initial patent grants could be cheaper and more scientifically accurate than district court adjudication of such validity.

For private economic value per patent, few areas of technology can match the biopharmaceutical industry. This is particularly true for small-molecule drugs. A billion-dollar drug monopoly may be protected from competition by a relatively small number of patents. Accordingly, the social cost …

Intragovernmental Speech And Sanction, Katherine A. Shaw

Articles

This Essay, prepared as part of a symposium on Professor Helen Norton’s The Government’s Speech and the Constitution, asks what role, if any, we should understand the Constitution to play in mediating disputes over speech between and among government entities. Focusing on the examples of impeachment and censure, the piece considers scenarios in which one arm of government takes action in response to the speech of another arm or entity of government, exploring what role the Constitution should play in shaping or constraining those responses.

The Rules Of Professional Responsibility And Legal Finance: A Status Update, Anthony J. Sebok

Articles

Legal finance occurs when strangers fund litigation for profit. Traditionally looked upon with suspicion in the common law, and limited by the doctrines of champerty and maintenance, legal finance is now a thriving part of the American legal landscape. Legal finance has been promoted as a solution to the access-to-justice problems facing working and middle class Americans, as well as a new asset class for Wall Street. At the center of legal finance, however, are lawyers – not the lawyers who write the contracts for the financing – but the lawyers for the cases being financed.

Over the past decade, …

Taking Misappropriation Seriously: State Common Law Disgorgement Actions For Insider Trading, Jeanne L. Schroeder

Articles

In two recent cases, Kokesh v. SEC, and Liu v. SEC, the U.S. Supreme Court cut back substantially on one of the Securities and Exchange Commission’s most important enforcement powers. This is the ability to seek disgorgement from persons who violate the federal securities laws, depriving them of their ill-gotten gains.

Previously, the Supreme Court had developed a largely property-based theory of insider trading. Why is insider trading evil? Because material nonpublic information is property that the trader has fraudulently obtained and must not use for his own purposes

In this article I bring these thoughts together. I …