Digital Commons Network^™

Geometry And Topology Of Estuary And Braided River Channel Networks Automatically Extracted From Topographic Data, Matthew Hiatt

Faculty Publications

No abstract provided.

Historical Shifts In Benthic Infaunal Diversity In The Northern Gulf Of Mexico Since The Appearance Of Seasonally Severe Hypoxia, N.N. Rabalais, M.M. Baustian

Faculty Publications

No abstract provided.

Role Of Delta-Front Erosion In Sustaining Salt Marshes Under Sea-Level Rise And Fluvial Sediment Decline, S.L. Yang, X. Luo, S. Temmerman, M. Kirwan, T. Bouma, K. Xu, S. Zhang, J. Fan, B. Shi

Faculty Publications

No abstract provided.

Influence Of Macrobenthos (Meretrix Meretrix Linnaeus) On Erosion-Accretion Processes In Intertidal Flats: A Case Study From A Cultivation Zone, B. Shi, P.D. Pratolongo, Y. Du, J. Li, S.L. Yang, J. Wu, K. Xu, Y.P. Wang

Faculty Publications

No abstract provided.

The Impact Of The Singapore Convention On The Development Of Non-Adjudicative Forms Of International Dispute Resolution, Andrea Kupfer Schneider

Faculty Publications

No abstract provided.

Managing The Risk Of Violent Recidivism: Lessons From Legal Responses To Sexual Offenses, Michael M. O'Hear

Faculty Publications

Over the course of a generation, American legislatures have quietly adopted an intricate web of measures intended to reduce the risk that individuals who have been convicted of violent crimes will commit new violent crimes. These measures include, for instance, sentencing and corrections laws that categorically target “violent offenses” and “violent offenders” for harsher treatment, prohibitions on pretrial diversion opportunities, employment restrictions, and long-term offender registration requirements. Such measures parallel a generally similar, but more closely studied, set of laws that aim to reduce sexual recidivism.

This article provides an overview of the literature on sexual-recidivism measures, especially sexual offender …

Early Release For Prisoners Convicted Of Violent Crimes: Can Anyone Escape The Incapacitation-Retribution Catch-22?, Michael M. O'Hear

Faculty Publications

Two decades of criminal-justice reform in the United States have achieved only a modest reduction in the nation’s historically high imprisonment rate. Returning to the much lower imprisonment rate of a generation ago will almost certainly require shorter prison terms for individuals who have been convicted of violent crimes. Such a change, however, would draw at least two important objections: (1) people who have been convicted of violent crimes are an especially dangerous offender group who ought to be incapacitated behind bars for as long as possible, and (2) violent crimes are so serious that long prison terms are required …

Walk The Line: Aristotle And The Ethics Of Narrative, Melissa Love Koenig, Lori D. Johnson

Faculty Publications

Lawyers are storytellers who face tremendous pressure to persuade judges and juries of the rightness of their stories. Zealous advocacy has long been a touchstone in lawyering, but lawyers need to balance zealousness with candor to the tribunal. As narrative and storytelling have evolved in scholarship and practice as powerful tools for persuasion, lawyers can find themselves walking a delicate ethical line. The applicable Model Rules of Professional Conduct do not provide a sufficient framework for ensuring sufficient candor in the use of narrative, particularly when considering the cultural and psychological power inherent in stories. Thus, lawyers can find themselves …

Gain The Upper Hand With Good Typography, Melissa Love Koenig, Joseph S. Diedrich

Faculty Publications

No abstract provided.

Peer Influence On Conformity And Confidence In A Perceptual Judgment Task, Alen Hajnal, Jennifer Vonk, Virgil Zeigler-Hill

Faculty Publications

© 2020 by authors. Undergraduate college students were presented with two arrays of dots varying in numerosity on a computer screen and asked to indicate if the arrays differed in number. They also rated their level of confidence in their responses. Trials varied in difficulty based on the size of the arrays. On half of the trials, participants were shown the ostensible responses of confederates to test the effect of peer influence on numerosity judgments and participant confidence. On the other half of the trials, participants received no information about the responses of the confederates to provide a measure of …

The Emerging Statutory Proximate Cause Doctrine, Sandra F. Sperino

Faculty Publications

The year 2011 marked the birth of a new idea. The United States decided Staub v. Proctor Hospital and for the first time invoked common law proximate cause in the context of federal employment discrimination law. It is rare in jurisprudence to be present at the birth of an idea and then see that idea develop over its first decade. This Article charts the emerging proximate cause doctrine from its early days as a baby doctrine. Now, the doctrine is pre-adolescent, with all of the changes and turmoil that phrase entails.

Generalist Judges And Advocates' Jargon, Douglas E. Abrams

Faculty Publications

Clerking is a privilege. Fresh out of law school and eager to begin their careers, law clerks at any level of the federal or state judiciary covet the opportunity to learn from a judge’s reservoir of knowledge. But law clerks who anticipate careers writing as advocates are also well-positioned to learn about something that a judge may not know when briefs or other adversary submissions land on the desk.

That “something” concerns jargon, this article’s focus because its use by advocates can impede the court’s understanding of a case’s facts and law. “Jargon” refers to “special words or expressions that …

Effects Of Facial Features And Styling Elements On Perceptions Of Competence, Warmth, And Hireability Of Male Professionals, Marc Fetscherin, Stacey Tantleff-Dunn, Arne Klumb

Faculty Publications

Few studies investigated the effects of facial characteristics on stereotyping in the business context. Using a 2 (beard/no beard) x 2 (acne/no acne) x 2 (tie/no tie) x 2 (eyeglasses/no eyeglasses) between subjects’ design, two representative samples of 364 and 711 participants rated different stimuli of male subjects on dimensions of competence, warmth and hireability. Based on 4,215 observations, results show acne has a negative and eyeglasses a positive effect on both competence and warmth. Wearing a necktie has a positive effect on competence and a negative effect on warmth. Finally, beardedness has a negative effect on warmth. We also …

Louisiana Digital Library Collections As Data Intro Survey: Selected Survey Results To Support Reports And Publications, Sl Ziegler, Leah Powell Duncan, Elizabeth Joan Kelly

Faculty Publications

No abstract provided.

Tax Policy And Our Democracy, Clint Wallace

Faculty Publications

No abstract provided.

New Technologies And Old Treaties, Bryant Walker Smith

Faculty Publications

Every road vehicle must have a driver able to control it while in motion. These requirements, explicit in two important conventions on road traffic, have an uncertain relationship to the automated motor vehicles that are currently under development—often colloquially called “self-driving” or “driverless.” The immediate legal and policy questions are straightforward: Are these requirements consistent with automated driving and, if not, how should the inconsistency be resolved? More subtle questions go directly to international law’s role in a world that artificial intelligence is helping to rapidly change: In a showdown between a promising new technology and an entrenched treaty regime, …

Legislative History In The Modern Congress, Jesse M. Cross

Faculty Publications

A central debate in the field of legislation has asked: how reliable are the different types of legislative history? Yet there has been no understanding, throughout this debate, of who inside Congress drafts this legislative history. This is surprising, given the common intuition that authorship is a key indicator of reliability.

In response, this Article presents the results of an original empirical study—one that illuminates this unknown dimension of Congress, uncovering the actors and processes that produce modern legislative history. For this study, the author conducted interviews with congressional staffers drawn from both parties, both chambers of Congress, and numerous …

Rethinking The Conflicts Revolution In Personal Jurisdiction, Jesse M. Cross

Faculty Publications

It is widely acknowledged that, from roughly 1940 to 1970, a revolution occurred in Conflicts of Law. Referred to as the “Conflicts revolution,” this movement remade nearly every legal test in the field. According to conventional wisdom, this revolution rejected the same idea in each instance: namely, that Conflicts tests should be grounded in a theory of sovereignty. Instead, the argument goes, it pivoted the field to pragmatic tests that focus on practicality, fairness, and convenience.

As this Article explains, this conventional wisdom is incorrect. It misunderstands the intellectual revolution that remade the field, and it has generated needless confusion …

How Reporters Can Evaluate Automated Driving Announcements, Bryant Walker Smith

Faculty Publications

This article identifies a series of specific questions that reporters can ask about claims made by developers of automated motor vehicles (“AVs”). Its immediate intent is to facilitate more critical, credible, and ultimately constructive reporting on progress toward automated driving. In turn, reporting of this kind advances three additional goals. First, it encourages AV developers to qualify and support their public claims. Second, it appropriately manages public expectations about these vehicles. Third, it fosters more technical accuracy and technological circumspection in legal and policy scholarship.

Why States Must Consider Innocence Claims After Guilty Pleas, Colin Miller

Faculty Publications

The first DNA exoneree in this country was a man with a sub-70 IQ who pleaded guilty to avoid the death penalty, and a total of 139 out of 315 (44.1%) DNA and non-DNA exonerees in 2015 and 2016 had been convicted after guilty pleas. Nonetheless, a number of states have pleading defendant prohibitions in their postconviction statutes that preclude defendants who pleaded guilty from (1) seeking DNA testing; and/or (2) presenting freestanding claims of actual innocence based on non-DNA evidence. Existing Constitutional challenges to these statutes have been largely foreclosed by the Supreme Court’s opinion in District Attorney’s Office …

Of American Fragility: Public Rituals, Human Rights, And The End Of Invisible Man, Etienne C. Toussaint

Faculty Publications

The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services, educational resources, housing stability, environmental security, stable and living wage jobs, generational wealth, and other institutional structures necessary for resilience. Second, government-mandated social distancing in response to the coronavirus has failed to dampen America’s racially biased, violent, and supervisory policing culture, reigniting demands from the Movement for Black Lives for police …

Mother-Child Dyadic Influences Of Affect On Everyday Movement Behaviors: Evidence From An Ecological Momentary Assessment Study, Chih-Hsiang Yang, Jimi Huh, Tyler B. Mason, Britni R. Belcher, Martina Kanning, Genevieve F. Dunton

Faculty Publications

Background

Research has shown that affect is associated with everyday movement behaviors in children and adults. However, limited work to date has investigated dyadic influences of momentary affect on moderate-to-vigorous physical activity (MVPA) and sedentary time among children and their mothers using ecological momentary assessment (EMA).

Methods

Mothers and their children (eight to 12-years-old at baseline) from the Los Angeles metropolitan area participated in a longitudinal study with six semi-annual measurement waves across three years. During each measurement wave, mothers and children reported momentary negative and positive affect via a custom smartphone-based EMA application across seven days (randomly sampled up …

Vitamin D3 Supplementation And Stress Fractures In High-Risk Collegiate Athletes - A Pilot Study, Kevin Williams, Christian Askew, Christopher Mazoue, Jeffrey Guy, Toni M. Torres-Mcgehee, J Benjamin Jackson Iii

Faculty Publications

INTRODUCTION: Vitamin D is paramount to bone health and little is known about vitamin D's role in the prevention of stress fractures in high-risk athletes. This study consists of a prospective, cross-sectional analysis accompanied by a retrospective review for control comparison of vitamin D3 supplementation in high-risk athletes. Our hypothesis is that supplemental vitamin D3 treatment will decrease the occurrence of stress fractures in high-risk collegiate athletes. MATERIALS AND METHODS: A total of 118 NCAA Division I athletes were recruited from 6 high-risk collegiate teams. Blood draws in August and February established baseline 25(OH)D levels. Subjects with serum 25(OH)D <30 ng/mL were supplemented with 50,000 IU of vitamin D3/week for 8 weeks. Treated subjects were re-tested to ensure serum 25(OH)D levels rose to sufficient status. All enrolled subjects were monitored for the development of stress fractures. A 5-year retrospective chart review of athletes from the same sports teams was conducted to determine the incidence of any reported stress fractures in the past. RESULTS: Prospective: 112 of the 118 enrolled subjects were tested in August. Sixty-one demonstrated vitamin D sufficiency (40.2 ng/mL ±8.28) and 51 were either insufficient or deficient (22.7 ng/mL ±4.89). Of the 118 enrolled subjects, 104 were tested in February. Fifty-six demonstrated vitamin D sufficiency (40.7 ng/mL ±9.47) and 48 were insufficient or deficient (21.6 ng/mL ±5.87). Two stress fractures were diagnosed amongst our cohort of 118 student athletes (1.69%). Retrospective: 34 stress fractures were diagnosed in 453 subjects from 01/2010-05/2015 (7.51%). Amongst our athletic teams, the cross-country team specifically demonstrated a statistically significant decrease in stress fracture incidence (p<0.05). We also found a statistically significant reduction in stress fracture incidence amongst the current overall cohort compared to our retrospective cohort (p<0.05). CONCLUSION: In our population, almost half of the tested athletes proved to be vitamin D deficient. Hypovitaminosis D was prevalent throughout the winter months compared with the summer. With vitamin D3 supplementation, the stress fracture rate in our overall cohort demonstrated a statistically significant decrease from 7.51% to 1.65% (p=0.009).

Word Limited: An Empirical Analysis Of The Relationship Between The Length, Resiliency, And Impact Of Federal Regulations, Anthony Moffa

Faculty Publications

Since the rise of the modern administrative state we have seen a demonstrable trend towards lengthier regulations. However, popular critiques of the administrative state that focus on the overall size of the Federal Register are misguided. They rest on the premise that more, and longer, regulations unduly burden industry and the economy in general. However, movement towards lengthier and more detailed regulations could be rational and largely unproblematic. This study tests two potential rational explanations for the trend towards longer regulations: dubbed (1) “the insulation hypothesis” and (2) “the socially beneficial hypothesis.” Each of these explanations embodies a theoretically rational …

Our Federalism On Drugs, Jonathan Adler

Faculty Publications

Over the past decade, voters and legislatures have moved to legalize the possession of marijuana under state law. Some have limited these reforms to the medicinal use of marijuana, while others have not. Despite these reforms marijuana remains illegal under federal law. Although the Justice Department has not sought to preempt or displace state-level reforms, the federal prohibition casts a long shadow across state-level legalization efforts. This federal-state conflict presents multiple important and challenging policy questions that often get overlooked in policy debates over whether to legalize marijuana for medical or recreational purposes. Yet in a “compound republic” like the …

Professional Growth Among Mentor Teachers In A Co-Teaching Model Of Preservice Education, Katya Aguilar

Faculty Publications

No abstract provided.

A No-Contest Discharge For Uncollectible Student Loans, Brook E. Gotberg, Matthew Bruckner, Dalie Jimenez, Chrystin Ondersma

Faculty Publications

Over forty-four million Americans owe more than $1.6 trillion in student loan debt. This debt is nearly impossible to discharge in bankruptcy. Attempting to do so may require costly and contentious litigation with the Department of Education. And because the Department typically fights every case, even initial success can be followed by years of appeals. As a result, few student loan borrowers attempt to discharge their student loan debt in bankruptcy.

In this Article, we call on the Department of Education to develop a set of ten easily ascertainable and verifiable circumstances in which it will not contest a debtor’s …

Religious-Political Papacy And Islamic Power In Daniel 11, Roy E. Gane

Faculty Publications

No abstract provided.

Perspectives On Management Review Controls: Challenges And Solutions—Insights From A Qualitative Study Of The Issues, John Fogarty, Mark Beasley, Douglas F. Prawitt

Faculty Publications

This study focuses on subjective, judgment-based management review controls (MRCs) used by management teams of public companies (hereinafter referenced as “preparers” or “organizations”) as part of their efforts to address the risk of material misstatements in financial reporting and to effectively and efficiently provide management with reasonable assurance that internal control over financial reporting (ICFR) is effective. This report provides information and insight useful to preparers, auditors, and regulators on issues surrounding the design, implementation, execution, and documentation of MRCs, including issues in the context of ICFR assessments and attestations under Section 404 of the Sarbanes-Oxley Act of 2002 (SOX). …

Chapter 7: Applied Rhetoric As Disciplinary Umbrella: Community, Connections, And Identity, Jacob D. Rawlins

Faculty Publications

: This chapter argues that many of the existing names and boundaries in use around professional communication create artificial separations among research, pedagogy, theory, and action related to the practice of rhetoric in contemporary society. Scholars working in this area teach and conduct research across a variety of disciplines, but we share a rhetorical foundation and a concern for the practical application of that theory. This combination of classical rhetoric and public action provides a way to move our work beyond the confines of the academy and actively engage in rhetorical work within the communities where we work, live, and …