Digital Commons Network^™

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.

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 …

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 …

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 …

Building Better Biofuel Crops: A Field Evaluation Of Transgenic Populus Modified To Improve Feedstock Performance For Bioenergy Use, Molli Elisabeth Coombs

Graduate Theses, Dissertations, and Problem Reports (ETD)

A transition away from fossil fuel use is necessary for the future of energy production, and biofuels are a renewable energy option that can mitigate the impacts of fossil fuels through lowered carbon emissions and possible carbon sequestration. In order to successfully compete with fossil fuels, the production of biofuels must be sustainable and cost effective. Populus species are a biofuel crop used for bioenergy conversion from lignocellulosic biomass that have been proposed for use in feedstock plantations on marginal lands, which would avoid competition with agricultural production. Two challenges of feedstock production being faced are recalcitrance to chemical processing, …

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.

2024-2025 Graduate Course Descriptions, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

Effectiveness Of Education For Type 1 Diabetes Patient's Caregivers At Loma Linda University Health, Epiphaneia Juarez

Loma Linda University Research Reports

Diabetes education is essential for patients and families to improve quality of life and minimize the challenges and complications of living with Type 1 Diabetes Mellitus (T1DM). The aim of the research study is to evaluate the knowledge and nutritional practices of caregivers in the management of T1DM in pediatric patients. 20 subjects were recruited at the Loma Linda University Children’s Hospital (LLUCH) Pediatric Diabetes Center before their outpatient T1DM class. A demographic survey, nutrition knowledge survey (NKS), and a 24-hour recall were administered to participants. The Mann-Whitney U test was used to evaluate NKS total score among binary variables …

Sensing, Knowing, And Making Water Quality Along Marikina River In The Philippines, Gideon Lasco, Anita Hardon

Development Studies Faculty Publications

Water quality is a major concern around the world, but assessments of quality often privilege producers, regulators and experts over consumers. With water supplies and sources constantly in flux, how do ordinary people experience and “sense” quality? How do they define “good” or “good enough” water, and what practices do they engage in to “make” good water? In this article, we attend to these questions by presenting findings from an open-ended qualitative study carried out along the Marikina River, Manila, the Philippines – a waterway that courses from rural and mountainous villages to highly urbanized communities. First, we describe the …

‘Saving The Youth’: Children And Young People As Moral Subjects In The Philippines’ Punitive Drug Regime, Gideon Lasco, Luis Emmanuel A. Abesamis

Development Studies Faculty Publications

Background

The Philippines has one of the must punitive drug regimes in the world, as evidenced not just by Rodrigo Duterte’s drug war but previous anti-drug campaigns. This article examines the place of ‘the youth’ in the longstanding moral panic around drugs and drug policy in the Philippines.

Methods

This article uses critical discourse analysis to analyze figurations of young people across three distinct periods in the Philippines’ contemporary history: Ferdinand Marcos Sr.’s early dictatorship (1972–1975), Gloria Macapagal-Arroyo’s presidency (2001–2010), and Rodrigo Duterte’s administration (2016–2022).

Results

In all three periods, young people were simultaneously invoked as a group that needs …

Geographies Of Storage, Sayd Randle

Research Collection College of Integrative Studies

Resource storage has long played a key role in the production of socio-ecological arrangements and economic relations. Even so, storage as a concept has remained somewhat marginal within geographical scholarship, often obscured by an analytical focus on the dynamics of movement. Reviewing recent works from geography, science and technology studies, and anthropology that center sites and practices of storage, this essay elaborates the diverse ways in which storage arrangements mediate resource circulation and the production of space. This literature demonstrates that thinking systematically with storage can illuminate a range of novel temporal, material, and value entanglements in-the-making, pointing to potentially …

Deploying Chatbots To Build Students' Critical Thinking Skills: Leveraging Generative Ai Effectively And Purposefully In Higher Education, Sun Sun Lim, Tamas Makany

Research Collection College of Integrative Studies

No abstract provided.

Rethinking The Inclusionary Potential Of Religious Institutions: The Case Of Gurdwaras In Singapore, Siew Ying Shee, Orlando Woods

Research Collection College of Integrative Studies

Whilst Singapore’s Sikh community is relatively small, it is also heterogeneous. Its diversity reflects differences in ancestral and socio-economic backgrounds. As spaces of worship that regularly bring together the Sikh community in space and time, Sikh temples—gurdwaras––are often conceived as important places through which a shared sense of religiously-defined community is reproduced. Yet, as much as religion can provide a bridge that integrates people of different ethnic, racial, national, and linguistic groups into a single faith community, so too can it act as a buttress through which differences and divisions are enforced within the community. We argue that whilst gurdwaras …

Opening The Black Box Of Fitness Tracking: Understanding The Mechanisms Of Feedback In Motivating Physical Activity Among Older Singaporeans, Sapphire H. Lin, Rich Ling, Sonny Rosenthal

Research Collection College of Integrative Studies

This paper examines how older adults interact with fitness trackers and how that interaction influences their physical activity. We carried out qualitative interviews with 22 individuals between the ages of 55 and 72 who had used fitness trackers as part of a six-week field experiment investigating the effects of feedback from fitness trackers and the social influence of their spouses. From their comments, we derived an explorative process model explaining the mechanisms and the four stages of effects arising from personalised feedback, namely, cognitive, affective, conative, and intuitive. These effects were grouped into internal and external dimensions. Three types of …

Multiethnic Elites And The Management Of Tropical Heat In Colonial Malaya, Circa 1870s-1930s, Claire Lowrie, Nicole Tarulevicz, Fiona Williamson, Charmaine H. Lam

Research Collection College of Integrative Studies

This article considers the responses of multiethnic urban elites to living with tropical heat in colonial Malaya by analysing attitudes towards the meteorological study of temperature, commercial cold storage and hill stations. A transcolonial and transimperial approach is used to illustrate that interest in managing and monitoring temperature was slower to develop in Malaya compared with other tropical colonies. The article also considers how access to methods of ameliorating heat was shaped by colonial hierarchies based on ideas of race and class.

Reconceptualizing Presidents' Clemency Power Under The Framework Of Human Rights: The Right To Seek Capital Clemency In Taiwan, Mao-Hong Lin

Fordham International Law Journal

The incorporation of the International Covenant on Civil and Political Rights into Taiwan’s domestic law provided death row inmates with the legal basis to submit requests for the President’s mercy. However, Presidents have persistently ignored these requests without any response to the inmates, and the judiciary regularly dismissed the cases of the inmates by rendering decisions in support of the Presidents’ inaction. The court justifications for these decisions were that the clemency power falls under the executive prerogative, and that it is a political question in nature and therefore not subject to judicial oversight. This Article argues against these justifications. …

“Kill, Rape, Control”: Gender-Based Violence By Gang Members In El Salvador As Crimes Against Humanity Under International Criminal Law, Elizabeth Garrison

Fordham International Law Journal

In the Northern Triangle countries (El Salvador, Honduras, and Guatemala), gang violence, particularly against women, girls, and LGBTQ+ persons, results in gross violations of human rights and is a major driver of forced displacement. Gang members systematically use gender-based violence, including rape, femicide, kidnapping, sexual slavery, and persecution of LGBTQ+ persons, to exert territorial control over the local population. However, the international community has failed to recognize both the severity and systemic nature of gender-based violence by gang members. This Note—which focuses on El Salvador, but has implications for the rest of the Northern Triangle countries—argues that gender-based violence by …