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A 'Milder Measure Of Villainy': The Unknown History Of 42 U.S.C. Sec. 1983 And The Meaning Of 'Under Color Of' Law, David J. Achtenberg

Faculty Works

Chapter 42 U.S. C. § 1983, was originally enacted as section 1 of the Ku Klux Act. Not surprisingly, the history of the Ku Klux Act has played an important role in the interpretation of 42 U.S. C. § 1983. Unfortunately, the generally accepted history of the Ku Klux Act is incomplete, distorted, and, in some respects, demonstrably wrong.

The conventional history of the Ku Klux Act is flawed in three respects. First, it omits the first several chapters of the story. The conventional history begins with Grant's March 23, 1871, message to the Forty-second Congress and completely overlooks the …

Volume 29 - Topical Index

Seton Hall Law Review

No abstract provided.

Salinity Action Plan : Wetland Vegetation Monitoring, 1998/1999, R. Gurner, G. Ogden, R. H. Froend

Research outputs pre 2011

This report represents the vegetation component of a project designed to provide on-going monitoring of wetland salinity and biological resources in wetlands of the agricultural zone of south-west Western Australia. Maintenance of wetland biological diversity in the agricultural zone is one of the major objectives of the Salinity Action Plan. Due to their low position in the landscape, wetlands are the habitat most affected by salinisation...

Xvii International Symposium On Biomechanics In Sports, June 30-July 6, 1999, Edith Cowan University, Perth, Western Australia: Fundamental Skills, Ross Sanders (Ed.)

Research outputs pre 2011

No abstract provided.

Isbs '99 : Xvii International Symposium On Biomechanics In Sports, June 30-July 6, 1999, Edith Cowan University, Perth, Western Australia: Acrobatics, Spiros Prassas (Ed.)

Research outputs pre 2011

No abstract provided.

Finding The Constitution: An Economic Analysis Of Tradition's Role In Constitutional Interpretation, Adam C. Pritchard, Todd J. Zywicki

Articles

In this Article, Professor Pritchard and Professor Zywicki examine the role of tradition in constitutional interpretation, a topic that has received significant attention in recent years. After outlining the current debate over the use of tradition, the authors discuss the efficiency purposes of constitutionalism--precommitment and the reduction of agency costs--and demonstrate how the use of tradition in constitutional interpretation can serve these purposes. Rejecting both Justice Scalia's majoritarian model, which focuses on legislative sources of tradition, and Justice Souter's common-law model, which focuses on Supreme Court precedent as a source of tradition, the authors propose an alternative model--the "finding model"-- …

Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak

St. Mary's Law Journal

As Karl Hammond’s case indicates, to serve justice, balance between the Kill Story and Human Story is necessary in a capital trial. This Essay seeks, through deconstruction of Karl Hammond’s case, to identify and illustrate the values of telling these combating stories. Part III describes the Kill Story and the Human Story in Karl’s case from the record of his trial, appeals, and petitions. Part III also demonstrates how the failure to tell one side of the story in either the guilt-innocence phase or the punishment phase can have a prejudicial effect on the jury’s decision. Part IV then discusses …

The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda

St. Mary's Law Journal

Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …

A Mother Removed — A Child Left Behind: A Battered Immigrant's Need For A Modified Best Interest Standard, Julie Linares-Fierro

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Crossing Over: An Oral History Of The Desegregation Experience Of Public School Personnel In East Baton Rouge Parish, Louisiana., Douglas Raymond Davis

LSU Historical Dissertations and Theses

The Fall of 1970 marked an important change in the East Baton Rouge Parish Public School System. In the previous 1969--70 school year, only three thousand out of twenty-three thousand African American children in the district attended school with White children. In 1970, the number rose to nearly nineteen thousand. In addition, for the first time, school personnel, busses, and extra curricular activities were desegregated. Over six-hundred teachers began the 1970 school year teaching in schools that were previously and predominantly another race. This event, known as the "cross-over," is the subject of this dissertation. The historical study of the …

Women's Health Issues In Baccalaureate Nursing Curricula., Karen Basham Moody

LSU Historical Dissertations and Theses

The primary purpose of this study was to determine if, and how, selected women's health issues are included in baccalaureate nursing curricula in the United States. The study also assessed nursing faculty's perceptions of the importance of these selected women's health issues to nursing curricula. Two hundred sixty baccalaureate nursing programs were randomly selected from a population of 604 1998 National League for Nursing accredited baccalaureate nursing programs in the United States. A three-part researcher developed women's health survey instrument was used for data collection. The instrument consisted of questions pertaining to 19 women's health issues which were selected through …

Design Of Work-Rest Schedules For Vdt Operators., Rana Balci

LSU Historical Dissertations and Theses

The number of musculoskeletal and psychological discomforts is increasing as a result of continuing growth of VDT work. Although ergonomic improvements in workstation design can be applied, an effective work-rest schedule is an economical way to reduce these problems. The objective of this research was to determine an effective work-rest schedule for VDT operators. In addition to a discomfort questionnaire, performance and electromyography measurements from trapezius and flexor carpi radialis were used. Three different work-rest schedules were applied: 60-minute work/10-minute rest, 30-minute work/5-minute rest, and for the third schedule, the subjects received four breaks from VDT work each hour additional …

Studies On Cyclooxygenase-2 Expression In Lipopolysaccharide-Stimulated Macrophages., Byeong Churl Jang

LSU Historical Dissertations and Theses

Cyclooxygenase (COX) is the key enzyme in the biosynthesis of prostaglandins (PGs) known as pro-inflammatory mediators. COX has two isoforms: the constitutively expressed COX-1 and the mitogen-inducible COX-2. It has been demonstrated that COX-2 expression is selectively induced by lipopolysaccharide (LPS) treatment after several hours in rat alveolar macrophages (Lee et al., 1992; Chanmugam et al., 1995). The mitogen-activated protein kinases [MAPKs; extracellular signal-regulated kinases (ERKs), P38, and c-jun N-terminal kinases (JNKs)], nuclear factor kappa B (NF-kB), and Lyn kinase are known to be activated in the early stages (within minutes) of LPS signaling pathways. In the current study, the …

Chromosomal Location Of Genes For Leafiness (Lfy1) And Susceptibility To Nicosulfuron (Nsf1) In Maize Genome., Orlando Jose Moreno

LSU Historical Dissertations and Theses

Genes that may confer resistance to diseases, tolerance to plant stress, good stalk quality, high yield potential and/or other desirable attributes are important. The leafy gene (Lfy1Lfy1) discovered in 1971 in maize (Zea mays L.) is known to produce much higher yields in hybrids that possess it. These hybrids suffer much less stalk lodging than those with the non-leafy (lfy1 lfy1) gene. The location of the leafy gene to a chromosome arm could facilitate both its transfer from one genotype to another and its use in linkage studies and aid in completing the maize linkage map. The purpose of this …

How Does Undergraduate College Biology Students' Level Of Understanding, In Regard To The Role Of The Seed Plant Root System, Relate To Their Level Of Understanding Of Photosynthesis?, James Gicheha Njeng'ere

LSU Historical Dissertations and Theses

This research study investigated how undergraduate college biology students' level of understanding of the role of the seed plant root system relates to their level of understanding of photosynthesis. This research was conducted with 65 undergraduate non-majors biology who had completed 1 year of biology at Louisiana State University in Baton Rouge and Southeastern Louisiana University in Hammond. A root probe instrument was developed from some scientifically acceptable propositional statements about the root system, the process of photosynthesis, as well as the holistic nature of the tree. These were derived from research reviews of the science education and the arboriculture …

The Role Of Financial Aid Counseling In Students' Understanding Of Student Loan Management., Julia Young Porter

LSU Historical Dissertations and Theses

This exploratory research study examined public university students' perceptions about their own loan debt management knowledge and about the counseling practices used to prepare them for their loan responsibilities. From the target population of all students enrolled at Louisiana State University during the Spring 1999 Semester, a systematic random sample was selected. Of the 1,204 students who participated in the study, 433 had loans. The 34-question survey instrument included 11 demographic characteristic questions and 1 open-ended question asked of all respondents. Two additional demographic questions and 20 perception statements about the loan process were asked of loan recipients. This study …

In Vivo And In Vitro Stimulation Of Murine Splenocytes With Brevetoxin-2 Immunogenic Conjugates For The Preparation Of Monoclonal Antibodies Against Ciguatoxin-Related Compounds., Sonia Edith Guzman Perez

LSU Historical Dissertations and Theses

The proliferation of toxic algae is a natural phenomenon known as a harmful algal bloom. Ciguatera fish poisoning and neurotoxic fish poisoning are syndromes associated with this phenomenon. Current methods for the detection of their toxins (ciguatoxins and brevetoxins) are expensive, time-consuming, require trained personnel and special laboratory equipment. In the case of ciguatoxins, the lack of standard material worsens the problem. Specific objectives of this study included the use of brevetoxin-2 (PbTx-2) for the preparation of antibodies which could cross-react with ciguatoxins, the use of different PbTx-2 immunogenic conjugates, the use of in vivo versus in vitro stimulation of …

Development Of Immunochemical Methods For Gossypol Analysis., Xi Wang

LSU Historical Dissertations and Theses

Gossypol is a reactive polyphenolic compound present in the cotton plant. During cottonseed processing, gossypol can react with other compounds to form bound gossypol. Gossypol analyses using chemical methods do not always agree with its bioavailability to animal possibly because of various bound forms of gossypol with different stabilities in vivo and the (+/-)-gossypol enantiomers with different biological activities. The objectives of this research were to produce anti-gossypol antibodies and use antibodies to study gossypol chemistry and to analyze gossypol in cottonseed samples and cottonseed by-products. Polyclonal antibodies were produced from rabbits after they were immunized with gossypol-LPH (Limulus polyphemus …

Isolation Of Antimutagenic Compounds In Corn And Cottonseed., Henry Njapau

LSU Historical Dissertations and Theses

Food, which ensures the sustenance of life, has also been implicated in the development or prevention of numerous diseases including cancer. Cancer may be a result of hereditary factors or genomic instability induced by DNA damage, from the intrinsic chemistry of cells or extrinsic factors like aflatoxin B1. Aflatoxin B1, produced by Aspergillus flavus and Aspergillus parasiticus, is a common contaminant of corn and cottonseed and a proven mutagen and animal carcinogen. Increased scientific knowledge and establishment of regulation have reduced but not eliminated exposure to aflatoxin B1. Complete elimination may be uneconomical for producers and may deprive consumers of …

Sire Differences For Growth And Carcass Traits Of Purebred Brahman Steers., Trent Smith

LSU Historical Dissertations and Theses

Purebred Brahman steers (n = 169) sired by 23 Gray and 8 Red Brahman bulls were evaluated for postweaning growth and carcass traits. Spring-born paternal half-sib male calves were purchased from private producers at weaning, backgrounded, and grazed on ryegrass for an average of 161 d. Following grazing, the steers were shipped to a commercial feedlot in south Texas for feeding. Steers were slaughtered in groups of about 45 head when they reached an approximate average endpoint weight of 530 kg and 1 cm backfat. All carcasses were subjected to high voltage electrical stimulation during slaughter. After a 24 hr …

Rhetorical Theory: Discourse Practices Of Utopian Communities., Irvin Andreu Wilhite

LSU Historical Dissertations and Theses

This study is interested in idealized expressions of political ideology in utopian science fiction literature written during the Cold War following World War II. Accordingly, a dramatistic analysis is presented regarding fourteen science fiction novels published between 1949 and 1959 which describes their thematic content with respect to consonant and contrasting moral/social/political positions and the influx of advancing technology. A description of the canonical works precedes this analysis. Subsequently, contemporary related studies are lightly analyzed for comparative and contextual considerations. Conclusions address the importance of rhetoric and performance in restoring the destabilized balance of power as an aftermath of violent …

Preparing New Teachers To Use Technology: A Comparative Study Of Preservice Teacher Education Programs., Patricia Ann Duhon

LSU Historical Dissertations and Theses

The purpose of this descriptive study was to describe and analyze the technology components in three teacher education programs, and to investigate the technological preparedness of recently graduated first-year elementary (K--5) teachers. The research questions addressed were: (a) How are the teacher education programs at each university in this study preparing students to integrate technology into their classrooms and instruction, and how do the programs compare? (b) How do recently graduated first-year teachers at each university rate their skills in using technology, and how do their ratings compare? (c) How and to what extent do recently graduated first-year teachers at …

Development Of Pseudostationary Phases For Separations In Electrokinetic Chromatography., Judson Leroy Haynes Iii

LSU Historical Dissertations and Theses

The research presented in this dissertation covers pseudo-stationary phase development for separations in electrokinetic chromatography (EKC). Micelles and cyclodextrins have traditionally served as the most popular pseudo-stationary phases (PSPs) used in EKC. However, the development and implementation of PSPs, which have improved properties over traditional ones, are necessary to extend the utility of electrokinetic chromatography. This dissertation covers research contributions, chapter by chapter, to the area of PSP development made by the author. In addition to this, Chapter 1 covers a brief history of chromatography and the fundamentals of capillary electrophoresis and EKC. The first pseudo-stationary phase developed was a …

Input Manipulations, Working Memory, And Word Learning Abilities Of Children., Janice Elisabeth Horohov

LSU Historical Dissertations and Theses

A storybook task was used to examine the word learning abilities of children with and without specific language impairment (SLI). Speech rate, sentence complexity and word type were manipulated within the narrative. A nonword repetition task also was used to examine the relation between working memory and word learning. Fifty-four children participated; a third were classified as SLI and the others served as either age-matched or language-matched controls. For comprehension, a significant main effect for word type was observed with verb scores higher than noun scores. Main effects for group, race, and rate also were observed and these were qualified …

The Influence Of Interpersonal Communication Variables On Group Attraction And Group Communication Satisfaction., Michelle Diane Kirtley

LSU Historical Dissertations and Theses

This investigation explored the effects of the interpersonal communication concepts of willingness to communicate, self-monitoring, and loneliness on the group outcomes of group attraction and group communication satisfaction. Using the Willingness to Communicate Scale (McCroskey, & Richmond, 1990), Lennox and Wolfe's (1984) Revised Self-monitoring Scale, the Revised UCLA Loneliness Scale (Russell, Peplau, & Cutrona, 1980), an adaptation of Byrne's (1969) original Interpersonal Judgment Scale, and an adaptation of Hecht's (1978) Communication Satisfaction Inventory, communication dispositions were analyzed in relationship to group attraction and group communication satisfaction. Consistent with expectations, the results show that loneliness mediated reported group communication satisfaction. Individuals …

Corralling Kevorkian: Regulating Physician-Assisted Suicide In America, Steve Calandrillo

Articles

This article examines the evolution and history of the development of the right-to-die in America, the ethical considerations surrounding physician-assisted suicide (P.A.S.), and the dangers posed by the rise of managed care. I then explore and analyze efforts to legalize and regulate assisted suicide (Netherlands, Oregon, The Model State Act), and suggest the criteria I believe are essential to include in any P.A.S. regulatory scheme.

West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly

Articles

More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …

Chain Gangs, Boogeymen And Other Real Prisons Of The Imagination, Lisa Kelly

Articles

This narrative is a fictionalized account of real legal, historical, and interpersonal issues rooted in the social construction of race.

Managing State Trust Lands For Ecosystem Health: The Case Of Washington State's Range And Agricultural Lands, Gregory A. Hicks

Articles

The protection of ecosystem health and wildlife habitat on state trust lands has received increasing attention in public lands literature. This article is meant to contribute to that discussion. It is focused on recently adopted land management policies in Washington state which are intended to restore ecosystem health and wildlife habitat on the 1.1 million acres of range and agricultural trust lands in the upland interior of the state's Columbia Plain. The lands in question are lands originally granted to Washington at statehood by the federal government for the support of the common schools and other public institutions. Those lands …

Telemedicine And Integrated Health Care Delivery: Compounding Malpractice Liability, Patricia C. Kuszler

Articles

This Article considers how theories of medical negligence might be applied in the context of telemedicine and integrated delivery health plans. Part Two summarizes the history of telemedicine, its increasing breadth of application and opportunity and promise for the future. Part Three reviews traditional negligence principles and precedents and demonstrates how they might be applied when a telemedicine interaction results in negligence and harm to the patient. Part Four discusses evolving theories of shared liability applicable to health plans and managed care entities. Finally, Part Five demonstrates how shared liability theories will be applied to situations involving telemedicine technologies.