Digital Commons Network^™

Usu Extension Sustainability Permaculture Initiative: 2024 Impact Report, Sydney Fisk, Roslynn Brain Mccann, Jake Powell

Extension Research

2024 Impact Report includes information about Harvest Donations, Tomato Reallocation Project, Ivory Prize, Online Engagement, Garden Events, and Workshops, Webinars, & Tours.

Blocking Faith: How American Muslims Are Chilled Through The New Anti-Muslim Statutes And The Security Agencies’ Surveillance In The Era Of Digital Policing, Ahmed Al Rawi

Touro Law Review

This Article explores the legal repercussions resulting from the new wave of anti-Muslim statutes and the state monitoring operations on American Muslims’ First Amendment rights. This Article argues that the U.S. government security agencies’ surveillance operations (actions) that target American Muslims’ religious activities and the new anti-Muslim statutes (laws) established in various states are clear violations of Muslim Americans’ First Amendment rights.

Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman

Touro Law Review

As a dynamic vehicle for fostering investment opportunities, both domestically and internationally, franchising spans a diverse array of industrial sectors, encompassing both goods and services. The United States plays a highly influential role in global franchise industry promotion, with a vast majority of International Franchise Association members representing American companies. Present data underscores that franchising has extended its reach to virtually every sector of the American economy. Notably, the United States stands among just four common law nations that have established dedicated franchise legislation, operating at both state and federal levels. This framework includes provisions for pre-sale disclosure, registration of …

Is Jacobson V. Massachusetts Viable After A Century Of Dormancy? A Review In The Face Of Covid-19, Sawan Talwar

Touro Law Review

The COVID-19 pandemic has stretched us into the vast unknowns, emotionally, logically, politically, and legally. Relying on their police power, governments inched into the darkness of the powers’ fullest extent, leaving many to wonder whether the exercise of this power was constitutional. This Article examines the extent of the police power that both the federal and state governments have, and how Jacobson v. Massachusetts1 was the “silver bullet” for governments across the United States. Further, this Article provides an overview of police power, and the status of COVID-19 mandates. This Article additionally examines quarantine case law and provides an analysis …

Subjectively Speaking, The Applicable Standard For Deficient Medical Treatment Of Pretrial Detainees Should Be One Of Objective Reasonableness, Benjamin R. Black

Touro Law Review

There is no uniformity amongst the circuits when it comes to pretrial detainees claims for inadequate medical care. The circuits are currently grappling with this problem, applying two separate tests to pretrial detainees’ 42 U.S.C. § 1983 claims depending on the jurisdiction in which the incident arose. The test that should be applied across all circuits is one of objective reasonableness. However, some circuits do not see it that way, applying the deliberate indifference standard, also known as the subjective standard test. The circuits applying the subjective standard are relying on case law that does not properly analyze the rights …

Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo

Touro Law Review

As many are aware, the Fourth Amendment protects the people against unreasonable searches and seizures. A warrant is necessary for said activities. While there are a few exceptions to the warrant requirement, the Supreme Court recently held that the community caretaking exception does not extend to the home. Extending this exception to the home would allow police officers to enter and engage in functions that are unrelated to the investigation of a crime. Essentially, this exception would allow police to aid individuals and prevent serious, dangerous situations to protect the community. This Note discusses why the Supreme Court erred in …

In A New York State Of Mind: The Corporate Trustee’S Toolkit For Effectuating Non-Judicial Trust Modifications In The Empire State, Michael J. Borger

Touro Law Review

When the need to effectuate a non-judicial trust modification of a New York trust arises, the law in its current form provides corporate trustees with a tremendous amount of power and flexibility to amend, revoke, and establish new trusts with more favorable provisions. Depending upon the facts and circumstances of a particular situation (i.e., whether the settlor is alive, whether minor beneficiaries hold an interest in the trust, and whether there is dissension and discord among the beneficiaries, etc.) there are various statutes that will help a corporate trustee implement a sound strategy to modify a trust to attain favorable …

Medical Taking Of Human Biological Material V. Traditional “Art Looting”: Henrietta Lacks And The Complex Ethical And Legal Liability Questions Raised By Her Unfortunate Case, Alyaa Chace

Touro Law Review

During a poignant saga of American history, Henrietta Lacks stands as an emblem of both scientific triumph and ethical controversy. In 1951, Mrs. Lacks, a tobacco farmer and mother of five, visited Johns Hopkins Hospital for treatment of what was later discovered to be advanced stage cervical cancer. Her doctors treated her with radium, which was standard practice at the time. However, Mrs. Lacks’s cancer rapidly metastasized and she ultimately passed away just months later on October 4, 1951, at the age of 31. During the course of her treatment, Mrs. Lacks’s cells were non-consensually removed for purposes of scientific …

A License To Discriminate? 303 Creative V. Elenis And Where The Supreme Court May Go, Christopher J. Manettas

Touro Law Review

No abstract provided.

Mental Hygiene Law Article 81 Proceedings In New York State And The Associated Deprivation Of One’S Civil Rights And Autonomy: Are We Really Helping?, Giulia R. Marino

Touro Law Review

New York State Mental Hygiene Law Article 81 affords a population that is vulnerable to abuse and exploitation an opportunity to have their personal and/or property management needs met by the least restrictive means available, often entailing a severe deprivation of their rights.1 But what is meant by the term “least restrictive means available,” how is this determined, and how are these “means” implemented and monitored? Is this deprivation of an individual’s rights the only way they can be helped, or is this unnecessarily harmful? Are there other ways to protect the vulnerable in our society without taking away these …

International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales

Touro Law Review

Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.

The Author-Ity Of Ai: Navigating The Legal Landscape Of Artificial Intelligence Authorship, John R. Sepúlveda

Touro Law Review

This Article discusses the problems that arise when trying to protect works that involve generative AI. It will detail how authorship currently is interpreted under U.S. law and how the courts and the U.S. Copyright Office interpret the authorship requirement. This Article will also present some practical tips on how to navigate current U.S. law and obtain a copyright registration.

Table Of Contents

Touro Law Review

No abstract provided.

Foreword: The Life, Work & Legacy Of Felix Frankfurter, The Justice Known As “Ff”, Rodger D. Citron

Touro Law Review

No abstract provided.

The Law Professor As Public Intellectual: Felix Frankfurter And The Public And Its Government, R. B. Bernstein

Touro Law Review

Professor R.B. Bernstein was a legal historian with a J.D. from Harvard Law School who taught at the Colin Powell School for Civic and Global Leadership at City College of New York and New York Law School. He presented the paper below on Professor Felix Frankfurter’s The Public and Its Government, published in 1930. A little more than two months after the conference, sadly, Professor Bernstein passed. His brother Steven Bernstein provided the Touro Law Review with the draft of the paper that Professor Bernstein was preparing to submit for publication. We have added footnotes and made only minor revisions. …

Mediating Pluralism: Felix Frankfurter’S Commitment To Majoritarian Democracy, Dalia Tsuk

Touro Law Review

This Article explores parallels between Frankfurter’s faith in democracy, that is, his trust in the legislative and executive branches as reflected in his jurisprudence of judicial restraint, and Frankfurter’s vision for Jewish (and other) immigrants’ integration into the American polity, namely his conviction that immigrants should shed vestiges of their birth cultures and assimilate into their adopted culture. The Article argues that Frankfurter’s commitment to judicial restraint was his means of mediating the pluralist dilemma, that is, the need to accommodate within the law diverse cultures and values; just as Felix Frankfurter, the first-generation Jewish American, wanted to sidestep ethnic …

Brief Of Professor Derek T. Muller As Amicus Curiae In Support Of Neither Party, Heather Gebelin Hacker, Derek T. Muller

Court Briefs

No. 23-719
Donald J. Trump v. Norma Anderson

On Writ of Certiorari to the Supreme Court of Colorado

From the Summary of Argument

States hold the power to adjudicate the qualifications of presidential candidates. That power extends to the general election, even though the election is formally a process to appoint presidential electors. And that power extends to the primary election, even though state voters are formally selecting delegates to a party’s nominating convention. But states have no obligation to evaluate the qualifications of presidential candidates, and states may choose to permit openly unqualified presidential candidates to appear on the …

Sex, Drugs, And Tbi: The Effects Of Sex Hormones And Trkb Activation On Alcohol-Related Behavior Following A Traumatic Brain Injury, Robin B. Oliverio

Graduate Theses, Dissertations, and Problem Reports (ETD)

Traumatic brain injury (TBI) and alcohol use disorder (AUD) exhibit a bidirectional relationship: AUD increases the risk of incurring a TBI and, inversely, a history of TBI increases the risk of future AUD. The second portion of this relationship has not been as thoroughly investigated. Our lab previously demonstrated that a juvenile TBI significantly increases alcohol self-administration in females compared to uninjured females and the injured females developed a conditioned place preference (CPP) for ethanol. Given this stark sex difference, this dissertation will examine the mechanism through which this occurred by investigating how manipulations of sex steroids might affect this …

Embedded State Estimation For Optimization Of Cislunar Space Domain Awareness Constellation Design, Thomas Henry Clareson

Graduate Theses, Dissertations, and Problem Reports (ETD)

The traffic in cislunar space is expected to increase over the coming years, leading to a higher likelihood of conjunction events among active satellites, orbital debris, and non-cooperative satellites. This increase necessitates enhanced space domain awareness (SDA) capabilities that include state estimation for targets of interest. Both Earth surface-based and space-based observation platforms in geosynchronous orbit or below face challenges such as range, exclusion, and occlusion that hinder observation. Motivated by the need to place space-based observers in the cislunar space regime to overcome these challenges, this paper proposes a cislunar SDA constellation design and analysis framework that integrates state …

Diet And Population Genomics Of River Otters (Lontra Canadensis) In West Virginia, Eden Grace Nitza

Graduate Theses, Dissertations, and Problem Reports (ETD)

North American river otters (Lontra canadensis), hereafter, otters, are apex predators in aquatic ecosystems across Appalachia, and thus have important impacts on their ecosystems such as food web regulation, nutrient cycling, and reducing the impacts of invasive species. Otters were extirpated from most of Appalachia, including all of West Virginia, by the mid-1900’s due to habitat destruction and overharvest. The West Virginia Division of Natural Resources (WVDNR) began an otter reintroduction program in 1984 which translocated approximately 250 otters into the state by 1997. This reintroduction program was largely considered successful, and a regulated harvest season was opened …

An Examination Of The Underlying Implications Of Environmental, Social, And Governance Measures On Firm Practices, Lewis James Hardway

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation is comprised of three studies that seek to determine the impact environmental, social, and governance (ESG) policies and initiatives have on different levels within the firm. The first study takes a page from business management research. It proposes a moderated mediation model of leader-member exchange and its effects on corporate entrepreneurship. Corporate entrepreneurship seeks to engage employees in bringing forward new ideas to enhance the firm’s position and aligns with the social aspects of ESG, especially those concerning employee stakeholder matters. This study finds that through psychological empowerment, high-quality relationships can bring forward increased engagement by individuals in …

Additive-Dependent Regioselective Boracarboxylation Of Alkenes Using Low Valent Copper And Co2, Carly H. Gordon Ph.D.

Graduate Theses, Dissertations, and Problem Reports (ETD)

As a major greenhouse gas, carbon dioxide (CO₂) is an abundant and renewable C₁ feedstock, and developing methods for fixing CO₂ into high-value products is a major interest for the movement of greener chemistry. The boracarboxylation of alkenes provides access to difunctionalized products containing pharmaceutically relevant motifs, including carboxylic acids and boron-containing moieties. Significant work has been done to improve the versatility and efficiency of this methodology, with the recent expansion into a wide variety of terminal alkenes. The use of different phosphine and alkene additives have demonstrated positive effects on reaction rates and productivity, indicating …

Spatial Degradation And Livelihood Diversification In The Ever-Changing Landscape Of Pastoralist Kajiado, Kenya, John A. Paine

Graduate Theses, Dissertations, and Problem Reports (ETD)

The study centers on both internal and external pressures on Maasai communities, such as environmental changes and socio-economic shifts, all of which are rapidly changing. It further examines the historical colonial context in Kajiado that has led to spatial degradations - a decline in an objective geographic area's function, usage, or ecological health. Such degradation has taken on different forms based on varying cultural, environmental, and livelihood-centered understandings and motivations. Understanding this is particularly important to investigation of how the cultural identity of the Maasai shapes realities and informs decisions about livelihoods. This idea is especially relevant when, out of …

Reimagining The Refugee Figure: Survival Migration And Its After-Affects, Gabriella Pishotti

Graduate Theses, Dissertations, and Problem Reports (ETD)

As the refugee crisis continues to worsen, so too will the field of refugee literature continue to expand into new directions to account for shifts in the refugee figure and developing concerns of survival migrant writers. Drawing from the foundational work of scholars such as Sianne Ngai and Sara Ahmed, I use affect theory as an intervention into these contemporary refugee texts to posit a rethinking of how we analyze refugee stories as narratives of crisis. I employ an affective approach to demonstrate how the emergency of forced migration can be narratively depicted in an embodied way that fosters connection …

From The Pews To The Ballot Box: How Religion Shapes Voting Behavior In Ghana., Maxwell Afriyie Nimako

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation explores how religion shapes voting behavior in emerging democracies, focusing on the case of Ghana. Using the Afrobarometer survey, the first stage of the analysis shows that Pentecostals are not statistically different from Roman Catholics in terms of voting for the New Patriotic Party (NPP) presidential candidates in 2007-2008 and 2013-2014. However, in 2016-2017, Pentecostal voters seem to have behaved differently from Roman Catholic voters. The dissertation subsequently explores why this variation in voting patterns emerged. This dissertation argues that explicit religious appeals made by presidential candidates and explicit religious appeals made by Pentecostal leaders for presidential candidates …

The Picture Of (Mental) Health: A Photovoice, Narrative Inquiry, And Critical Participatory Action Approach To Music Major Mental Wellness, Paige Zalman

Graduate Theses, Dissertations, and Problem Reports (ETD)

Higher education is experiencing a mental health epidemic (Venit, 2022). There is unprecedented student demand for psychological services that colleges are unable to meet (Lipson et al., 2019a), leading to high rates of mental illness-related attrition (Koch et al., 2018). Two groups of students at particularly high risk of mental illness-related attrition are students with historically marginalized identities, whether by race, gender, income, or another factor (Eisenberg et al., 2013), and music majors, a group that has been shown to have greater rates of mental illness than students in other majors (Lipson et al., 2016; Spahn et al., 2004). While …

Investigating Changing Macronutrient Dynamics At A Plant, Microbe And Plant-Microbe Interactions Scale, Emel Kangi

Graduate Theses, Dissertations, and Problem Reports (ETD)

Nutrient limitation drives forest ecosystem processes by altering net primary production, belowground (C) investments, and microbial activity. As such, the availability of essential macronutrients, such as nitrogen (N) and phosphorus (P), can severely impact plant growth, microbial decomposition, and the strength of plant-microbial interactions. However, our understanding of plant and microbe responses to changing nutrient availability, and the extent to which nutrient availability affects plant-microbe interactions, remains somewhat limited. Therefore, in this dissertation, I aimed to investigate nutrient limitation on a plant, microbe, and plant-microbe interaction level. First, to connect the phenotypic responses of nutrient-limited plants to key molecular mechanisms, …

Glosa Do Postanowienia Sądu Najwyższego – Izby Kontroli Nadzwyczajnej I Spraw Publicznych Z Dnia 23 Lutego 2022 R., Sygn. Akt I Nsk 16/21, Daria Niesteruk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This commentary provides a critical analysis of the resolution of the Polish Supreme Court, Chamber of Extraordinary Control and Public Affairs, issued on the 23rd February 2023. In its resolution, the Supreme Court stated that the Polish Competition Authority (President of UOKiK) is not absolutely bound by the substance of its decision to initiate proceeding. This means that the specified legal basis could be changed or complemented during the proceeding, as could the definition of the relevant market, provided that the procedural parties have had an opportunity to take a stance on the mentioned change before the NCA takes its …

Undue Limitations In The Section 10(B) Purchaser-Seller Requirement, Marc I. Steinberg, Antonio R. Partida

Faculty Journal Articles and Book Chapters

This article considers different applications of the Purchaser-Seller Rule that a plaintiff must satisfy to bring a Section 10(b) and Rule 10b-5 private action. The history and development of the Purchaser-Seller Rule under Supreme Court and lower federal court jurisprudence is considered, with emphasis on recent case law unduly constricting this Rule. In particular, the Second Circuit’s restrictions on Section 10(b) standing are addressed, focusing on that appellate court’s decision in Frutarom which adhered to an overly formulaic approach to Section 10(b) standing that is out of line with prior Second Circuit and Supreme Court precedent. The article then considers …

2024-2025 Graduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.