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The Pressure Of The Past: Historiographical Trends In The Origins Of The Korean War, Jacob Weiss

History - Master of Arts in Teaching

Historiographic Synthesis Essay...............4

Essay Bibliography..................................27

Primary Sources......................................28

Textbook Critique.....................................42

New Textbook Entry.................................47

The Effects Of Jurisdictional Variances On Rates Of Rape Offenses: How Differing Jurisdictional Definitions Contribute To America’S Rape Culture, David Lopez-Herrera

Theses and Dissertations

This study examines the relationship between jurisdictional definitions of rape and rape offense rates across various states in the U.S., with the goal of proposing a standardized federal definition to enhance consistency in data collection and improve the efficacy of legal responses. Despite extensive research on rape, no prior studies have explored the impact of jurisdictional definition variances on state rape offense rates. This seminal study aimed to fill this gap by analyzing the correlation between state-specific rape definitions and reported rape offenses, utilizing a theoretical breakdown of definitions into eight components and a rubric for evaluation.

The analysis revealed …

Guido Speaks, Jill E. Martin

Hofstra Law Faculty Scholarship

No abstract provided.

No Need To Wait: Congress Has The Power Under Section Five Of The Fourteenth Amendment To Abolish The Death Penalty In The States, Eric M. Freedman

Hofstra Law Faculty Scholarship

Reformers currently proposing the abolition of capital punishment by federal legislation have only targeted the federal death penalty. They are aiming too low. Concerns about the roughly 50 prisoners facing execution by the federal government should not cause advocates to ignore the approximately 2,400 on the combined Death Rows of the states. Congress has the authority to abolish the death penalty in the states, and good reason to exercise it. This Article takes as a given the Supreme Court’s view that the death penalty is not itself unconstitutional. But under existing law Congress would have no difficulty in compiling a …

After Smith Falls: Corporate Free Exercise Lochnerism, Daniel J.H. Greenwood, Nicholas E. Tramposch

Hofstra Law Faculty Scholarship

While the Supreme Court has extended many constitutional privileges to business corporations, it has not held that they have a full constitutionally protected right to practice religion comparable to that of citizens. Employment Division v. Smith long served as a barrier to Free Exercise claims for special exceptions to neutral and generally applicable laws. But as the Court moves away from Smith, the issue of corporate Free Exercise rights must be confronted. The freedom of religion is a critically important individual right in a free country. But individual rights often conflict with collective religious practice; religious freedom is the opposite …

Accountable Ai And Insider Trading: The Other 'Black Box' Problem, J. Scott Colesanti

Hofstra Law Faculty Scholarship

No abstract provided.

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff

Hofstra Law Faculty Scholarship

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the "warrant of commitment." Judges issued these warrants to jail defendants pending trial.

This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant-a process that currently falls far short of fulfilling its constitutional and historical function.

History supports …

The Delinquent Guidelines: Calling On The U.S. Sentencing Commission To Stop Counting Defendants' Prior Offenses Committed Before Age 18, Ian Marcus Amelkin, Nicholas Pugliese

Hofstra Law Faculty Scholarship

The United States Sentencing Guidelines' recidivism provisions recommend harsher punishment for defendants with a prior criminal record The Guidelines authorize an accounting not only of a federal defendant’s criminal record as an adult, but also as a child. Prior offenses committed before age 18 enhance sentences for thousands of people each year, but the practice has not been widely explored in the academic literature. A federal defendant’s juvenile record can lead to a higher Guidelines range through a variety of mechanisms. It can increase a defendants criminal history category, increase the crime's total offense level, qualify the individual for "career …

The Modern Way To Write A Statute Is To Tell A Story, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

Except for the United States, the English-speaking world has been moving toward writing statutes as stories with characters and plot tensions. British statutes are the most advanced in this respect.

To illustrate the British method, the key statutes in the Mar-a-Lago Indictment are redrafted in this article to resemble the form they would take if recently enacted by Parliament. l compare the statutes and the redrafts side-by-side. And I do the same thing with two sections of the Electoral Count Act, which governs what Congress does on every January 6 following a presidential election year.

The article explains how the …

African American Parents And School-Based Parental Involvement At The Secondary Level, Mark A. Dykes

Theses and Dissertations

Parental involvement is a multifaceted construct that includes school-based, home-based, and academic socialization. School-based parental involvement in education has been positively associated with academic achievement for all students. However, educational leaders are challenged to get parents involved in school-based activities, such as the School Site Council, Parent Council, and Open Houses.

The purpose of this qualitative descriptive study is to examine the reasons why African American parents are not fully involved in the policymaking and organizational activities at the target secondary school. This study is guided by the combined conceptual frameworks of Critical Race Theory, the Hoover-Dempsey and Sandler framework, …

Why Is My Hair Micromanaged In The Workplace? Black Women And Natural Hairstyles In The Federal Government, Darnella Mcguire-Nelson

Department of Conflict Resolution Studies Theses and Dissertations

The purpose of this qualitative study was to understand the impact on the career advancement of Black women in the federal government who choose to wear their hair in its natural textured state. The researcher used a structural narrative approach and thematic analysis, guided by the following research question: What are Black women’s experiences when they choose to wear their hair in its natural state as they seek career advancement in the federal government? The two major theories used in this study to elucidate participants’ experiences were structural violence and intersectionality. The following theories provided insight and context to intersectionality: …

A Case Study Analysis Of The Financial Structure Of Boko Haram In Nigeria, John O. Opara

Department of Conflict Resolution Studies Theses and Dissertations

This study examined the various techniques used by Boko Haram (BH) to source funds for its violent activities in Nigeria. The study also examined the reasons why the group maintains support from the locals and others despite the violence the group has caused in Nigeria. A case study qualitative research technique was selected by using Key Informant Interviews (KII) and relevant document review to gather data to address the central questions of why Boko Haram has support, and why it maintains a strong financial structure. Findings of the study revealed that Boko Haram has several sources of funding and support …

The Role Of The Diaspora In The Peace Process In The Democratic Republic Of The Congo:A Qualitative Case Study, Solomon Lulonga Mlongetcha Jackson

Department of Conflict Resolution Studies Theses and Dissertations

The ongoing conflict in the Democratic Republic of Congo (DRC) continues as one of the world's most prolonged and most intractable conflicts in human history. The problem being studied was that over 5 million Congolese individuals had been displaced because of the conflict, forcing them into repetitive cycles of poverty and militarization. Therefore, the purpose of this qualitative single case study was to explore the perceptions and lived experiences of members of the DRC diaspora on their various roles in the conflict resolution process in their home country. A secondary purpose was to identify barriers they perceived toward peacekeeping processes …

Human Rights, Informed Consent, And The Influence Of Gender In Compulsory Vaccination: A Qualitative Analysis To Mediate Public Policy In A Protracted Social Conflict, Shannon Christine Rowles-Mcgighan

Department of Conflict Resolution Studies Theses and Dissertations

This research study sought to understand the perspectives and experiences related to theCompulsory Vaccination Policy and the Vaccine Injury Compensation Program. The research objective was to mediate the conflict between the public and the medical community by presenting what William Ury called the “third side.” Uri (1999) studied conflict and found another way to perceive conflict from a larger perspective that emphasizes a fair solution that meets both sides’ needs and the surrounding communities. This study involved qualitative analysis to triangulate the concerns in the conflict through an evaluation of vaccine injury cases, vaccine injury data collection methods, the influence …

Giving Voice To The Victims Of The Insurgency In Eastern Uganda In The Late 1980s And Early 1990s: A Phenomenological Research Study, Lawrence Egulu

Department of Conflict Resolution Studies Theses and Dissertations

After five years of protracted guerilla warfare, Uganda’s current President Yoweri Museveni capturedpower in January 1986, displacing the preceding regime that had been dominated by Northern politicians and Eastern Ugandans (army and police). Feeling humiliated, deprived, and out of government, several rebel insurgencies erupted, among which was the Uganda People’s Army in the Teso region. The experiences of the affected population at the hands of the army, rebels, and the Karamojong cattle raiders from the North East have remained largely unexplored, unheard, and undocumented outside of the region, and neither have how the victims made meaning of their conditions. The …

Student Attitudes And Intentions To Use Continuous Authentication Methods Applied To Mitigate Impersonation Attacks During E-Assessments, Andrea E. Green

CCAC Theses and Dissertations

No solution can ultimately eliminate cheating in online courses. However, universities reserve funding for authentication systems to minimize the threat of cheating in online courses. Most higher education institutions use a combination of authentication methods to secure systems against impersonation attacks during online examinations. Authentication technologies ensure that an online course is protected from impersonation attacks. However, it is important that authentication methods secure systems against impersonation attacks with minimal disruption during an examination. Authentication methods applied to secure e-assessments against impersonation attacks may impact a student’s attitude and intentions to use the e-examination system.

In this regard, the research …

English-Spanish Bilingual Speech Language Pathologists’ Experiences Using Conceptual Scoring To Evaluate English Language Learner Students In A Large School District, Barbara De Jesus Rivera

Speech Language Pathology Dissertations

The number of bilingual students has increased across schools in the United States. Assessment in both the native language and English is considered the standard for evaluating bilingual children referred for language testing. Conceptual Scoring is an evaluation approach for bilingual students that considers the student’s responses in both languages to obtain an overall language score. The current study (a) sought to explore the decision-making process of bilingual SLPs when evaluating bilingual students, (b) to gain a deeper understanding on how bilingual SLPs incorporate conceptual scoring in the evaluation process, and (c) to explore what areas are considered strengths and …

Advancing Elastomer Cutting Tool Development Through Material-Centric Cutting Mechanism Analysis, Shuhuan Zhang

Theses

Cutting elastomers is a very common procedure that is used in a wide variety of applications, including rubber product manufacturing, food processing, and surgical process. To conserve energy and improve cutting accuracy, decreasing the cutting force and elastomer deformation is always of interest. Numerous studies have concentrated on methods for reducing cutting force and deformation, but only a few have explained the underlying mechanics of these cutting techniques. Without a deep understanding of elastomer cutting mechanics, it's difficult to improve or develop a new cutting method. To understand the cutting mechanics, the mechanical, tribological, and rheological properties of the elastomer …

Optical Differentiation Wavefront Sensor With Pixelated Filters Toward High Performance Metrology, Biswa R. Swain

Theses

Freeform optics enables enhanced system performance and packaging due to the high degrees of design freedom they provide, but characterizing these optics remains challenging. Phase measurement of an optical wave is essential in the metrology of optical components, adaptive optics, and laser beam quality assessment. The Shack-Hartman Wavefront Sensors are limited by their dynamic range and resolution due to lenslet operation. Interferometric-method-based adaptive nulling requires high-performance wavefront sensor, and coordinate-scanning-based measurements are time consuming. We investigate and develop an Optical Differentiation Wavefront Sensor (ODWS) based on binary pixelated filter that enables high dynamic range, high resolution freeform metrology. Analysis of …

Differential Expression Analysis Of Treatment Resistant And Treatment Susceptible Neisseria Gonorrhoeae Paired With Gene Set Enrichment Analysis, Kinzie Bailey

Theses

Neisseria gonorrhoeae, the bacterium which causes gonorrhea, is a public health threat as recognized by the CDC due to the risk of untreatable gonorrhea due to the high prevalence of resistance to antibiotics in the gonococcal population [1]. Current screening methods for resistance to antibiotics for clinical infections may take up to 2 days to produce results, which could result in delays in treatment, unnecessary follow-up appointments, inappropriate antibiotic prescriptions, and overall poor treatment outcomes [2]. In this study, we utilize RNA sequencing (RNA-seq) to characterize the expression patterns of resistant and susceptible strains of N. gonorrhoeae. Here, we look …

Machine Learning, Fuzzy Logic And Zero Trust-Based Quishing Prevention Solution For Android Smartphones, Felix William

Theses

QR code phishing, or "quishing," exploits the widespread adoption of QR codes to embed malicious URLs that lead users to phishing sites or initiate malware downloads. Unlike traditional phishing methods, QR phishing is uniquely deceptive, leveraging the inherent trust and convenience associated with QR codes while bypassing standard detection mechanisms. This thesis presents the SEQR scanner, a novel solution tailored to detect and prevent QR phishing attacks, specifically focusing on Android platforms. By integrating multiple detection mechanisms—machine learning prediction, fuzzy logic algorithm, and third-party blacklisting APIs—the solution effectively identifies malicious QR codes with precision. A zero-trust-based mechanism is implemented alongside …

Reflective And Dialogical Approaches In Engineering Ethics Education, Lavinia Marin, Yousef Jalali, Alexandra Morrison, Cristina Voinea

Michigan Tech Publications

This chapter addresses the challenges of implementing reflective thinking in engineering ethics education (EEE). It examines existing methods for teaching ethical reflection in EEE and argues that pedagogical activities aiming to foster ethical reflection need to be infused with dialogical interactions and, at a deeper level, informed by dialogism. Dialogism is understood as a relational approach to inquiry in which interactions between moral agents enable them to develop their own understandings through the process of finding shared meanings with the others in activities such as sharing reasons and deliberation. Drawing on pragmatism and phenomenology, the authors conceptualize reflection as a …

What Is The Best Candidate For A Post-Moore Constitutional Challenge?, Reuven S. Avi-Yonah

Articles

On December 5, 2023, the Supreme Court heard oral arguments in Moore, the case challenging the constitutionality of the mandatory repatriation tax enacted in 2017 (section 965). Most of the justices' questions focused on the potential collateral consequences from requiring realization as a constitutional matter, and the majority seemed inclined to avoid the constitutional issue by focusing on the fact that the income in Moore was realized and that section 965 simply followed a long list of precedents by attributing this corporate income to shareholders in a closely held corporation.

Effects From Moore: Does The Corporate Tax Require Realization?, Reuven S. Avi-Yonah

Articles

This paper explores the history of the corporate tax as an excise versus income tax and explains potential effects from the Moore and Altria cases.

Two Takes On Administrative Change From The Roberts Court, Daniel Deacon, Leah Litman

Articles

In Loper Bright Enterprises v. Raimondo, the Supreme Court finally did what many long hoped (or feared) it would do: overrule Chevron v. Natural Resources Defense Council. Chevron instructed courts to defer to an agency’s interpretation of an ambiguous statutory provision, provided the interpretation was reasonable. Chevron, according to Justice Kagan, had “served as a cornerstone of administrative law” and “the warp and woof of modern government, supporting regulatory efforts of all kinds—to name a few, keeping air and water clean, food and drugs safe, and financial markets honest.” Not surprisingly, statutes governing such matters contain quite a number of …

A Modified Nucleoside O6-Methyl-2'-Deoxyguanosine-5'-Triphosphate Exhibits Anti-Glioblastoma Activity In A Caspase-Independent Manner., Zi-Hui Wang, Jin Li, Qian Liu, Jian-Chang Qian, Qing-Qing Li, Qing-Yu Wang, Lv-Tao Zeng, Si-Jia Li, Xin Gao, Jia-Xin Pan, Xu-Fan Gao, Kun Wu, Guo-Xin Hu, Tomoo Iwakuma, Jian-Ping Cai

Manuscripts, Articles, Book Chapters and Other Papers

Resistance to temozolomide (TMZ), the frontline chemotherapeutic agent for glioblastoma (GBM), has emerged as a formidable obstacle, underscoring the imperative to identify alternative therapeutic strategies to improve patient outcomes. In this study, we comprehensively evaluated a novel agent, O6-methyl-2'-deoxyguanosine-5'-triphosphate (O6-methyl-dGTP) for its anti-GBM activity both in vitro and in vivo. Notably, O6-methyl-dGTP exhibited pronounced cytotoxicity against GBM cells, including those resistant to TMZ and overexpressing O6-methylguanine-DNA methyltransferase (MGMT). Mechanistic investigations revealed that O6-methyl-dGTP could be incorporated into genomic DNA, disrupting nucleotide pools balance, and inducing replication stress, resulting in S-phase arrest and DNA damage. The compound exerted its anti-tumor properties …

Congress And Shifting Sands In Administrative Law., Christopher J. Walker

Articles

In recent years, we have seen an anti-administrativist turn in the federal judiciary, with the Supreme Court limiting agency power in important respects. These shifting sands in administrative law seem to be motivated, at least in part, by the Court’s perception of the rise of presidential administration and decline in legislative activity. As part of the Widener Commonwealth Law Review Judging in Administrative Law Symposium, this Essay assesses how the Court has responded to concerns about over-presidentialism and then sketches out several ways Congress can respond to reassert itself in federal lawmaking.

Applying Strict Scrutiny In Termination Of Parental Rights Proceedings: Why Alabama’S Jurisprudence Should Reshape Child Protection Practice, Christopher Church, Vivek Sankaran

Articles

“Our decision in [Pierce] holds that parents have a fundamental constitutional right to rear their children . . . . I would apply strict scrutiny to infringements of fundamental rights.” “[S]trict scrutiny leaves few survivors.” Termination of parental rights (TPR) stands as “a unique kind of deprivation” that results in the state irrevocably severing a parent’s fundamental right to care for their child. In The Ties that Bind Us, we scrutinized the child protection system’s overuse of TPR, employing clinical, empirical, and constitutional perspectives. This Article advocates for a constitutionally anchored framework aimed at enforcing strict scrutiny when considering TPR …

Taxation And Corporate Governance, Reuven S. Avi-Yonah, Ariel Siman

Articles

Legal and economic scholars have examined the intersection between corporate governance and taxation; however, recent legal scholarship has generally focused on the interplay between director compensation, management measures in the face of the market for corporate control, and the double taxation of inter-corporate dividends. Other aspects of the relationship between corporate governance and taxation have received limited attention. This article aims to fill this gap in the literature. First, this paper discusses the corporate agency problem and the existing justifications for the corporate tax. Second, this paper argues that the corporate tax can be justified on the ground that it …

The American Antimonopoly Tradition: Origins, Contradictions, Transformations, Daniel A. Crane

Articles

Proponents of antitrust reform argue for the rediscovery of an American antimonopoly tradition that predated the Sherman Act by centuries and suggests the reimagination of a more robust contemporary policy against concentrated economic power. But historically there have been a number of distinct and often contradictory strands of American antimonopoly. The American colanists inherited a weak, recent, and largely invented antimonopoly common law tradition focused on exclusive grants of privilege from the crown. In the nineteenth century, antimonopoly became a generative and ubiquitous concept in state legislatures and courts, but one with multiple, inconsistent meanings that evolved in the decades …