Digital Commons Network^™

Advisory Committee On The Federal Rules Of Evidence: Tending To The Past And Pretending For The Future?, Paul R. Rice

UC Law Journal

This Article characterizes the history of the Advisory Committee on the Federal Rules of Evidence as disappointing. It argues that too often, over too long a period of time, the Advisory Committee has neglected its stewardship responsibilities and the blatant inadequacies of the codified evidence rules. As a consequence, significant problems have gone unattended as the Committee waits to see if the judges can solve the problems their rules have created.

The article notes that some concepts created in the codified evidence rules have proven to be problematic, if not completely inadequate, but there has been no willingness to re-examine …

Analyzing "The Politics Of (Evidence) Rulemaking", Eileen A. Scallen

UC Law Journal

The creation and interpretation of evidence rules is a burgeoning area for evidence scholarship. Recent changes to federal evidence law, such as the addition of rules on the admissibility of a defendant's prior sexual conduct, and the amendments to the rules regarding expert testimony, have highlighted the political and controversial aspects of procedural rulemaking. Professor Scallen, Chair of the Evidence Section of the American Association of Law Schools, was responsible for organizing the panel on "The Politics of [Evidence] Rulemaking." The panel addressed the following questions: who should make the evidence rules-the judiciary, the legislature, the executive? What role should …

The Practical Application Of Art And Technology: Delivering Interactive Educational Content To Young Children, Elma Sue Mccallum

LSU Master's Theses

I like simple things. More precisely I like taking complex things and distilling them to their simplest elements, those things that define their nature. Art and technology are two very different subjects. Simple and complex. Intuitive and analytical. Combining art and technology to deliver educational material with simple navigation, a child-friendly environment and playful, imaginative sounds that enhance rather than complicate the learning process, is the objective of my project. An interactive, educational CD for young children is the product of this thesis. Art has always been used to communicate ideas, thoughts and emotions; it expedites the delivery of the …

Giving Codification A Second Chance--Testimonial Privileges And The Federal Rules Of Evidence, Kenneth S. Broun

UC Law Journal

The draft Federal Rules of Evidence proposed to Congress in 1972 contained a set of rules governing privileges. After a storm of protest over both the concept of codified federal privilege rules and the content of the drafted rules, Congress excluded the proposed privilege rules from its 1975 enactment of the Federal Rules of Evidence. It substituted current Rule 501, which provides for privileges to be governed by the state law of privilege in diversity cases and the "principles of the common law" in all other cases.

This Article traces the legislative history of the Federal Rules of Evidence with …

Validation Of Annagnps At The Field And Farm-Scale Using An Integrated Agnps/Gis System, Glenn M. Suir

LSU Master's Theses

Non-Point Source (NPS) pollution models are effective watershed-scale predictors of NPS loadings and useful evaluators of agricultural Best Management Practices (BMPs) and water quality Total Maximum Daily Loads (TMDLs). The work reported in this thesis examined two applications of the AGricultural Non-Point-Source (AGNPS) pollution model: 1) predicting surface runoff, nutrient loading, and sediment yield predictions for an artificially delineated farm-scale watershed; and 2) evaluating relative benefits of different BMPs on reducing sediment accumulation in a lake surrounded by agricultural land. A procedure using identification, extraction, and processing of critical area data using an ArcView Geographic Information System (GIS) was used …

Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Techniques And Algorithms For Immersive And Interactive Visualization Of Large Datasets, Ashish Sharma

LSU Master's Theses

Advances in computing power have made it possible for scientists to perform atomistic simulations of material systems that range in size, from a few hundred thousand atoms to one billion atoms. An immersive and interactive walkthrough of such datasets is an ideal method for exploring and understanding the complex material processes in these simulations. However rendering such large datasets at interactive frame rates is a major challenge. A scalable visualization platform is developed that is scalable and allows interactive exploration in an immersive, virtual environment. The system uses an octree based data management system that forms the core of the …

Infertility And Marital Adjustment: The Influence Of Perception Of Social Support, Privacy Preference And Level Of Depression, Margaret Haviland Maillet

LSU Doctoral Dissertations

The purpose of this study was to investigate the influence of perception of social support, privacy preference and level of depression on marital adjustment for couples presenting for infertility treatment. Data was obtained from three infertility clinics in Louisiana from January 1, 2001 through October 1, 2001. Forty-seven couples presenting for infertility treatment completed four questionnaires measuring marital adjustment, perception of social support, privacy preference and level of depression. Demographic and descriptive information was gathered from an information sheet completed by the subjects. Multiple regression analysis was used to determine which, if any, of the independent variables predicted the dependent …

Audience And The African American Playwright : An Analysis Of The Importance Of Audience Selection And Audience Response On The Dramaturgies Of August Wilson And Ed Bullins, Ladrica C. Menson-Furr

LSU Doctoral Dissertations

In this study I discuss the importance of audience selection and response upon the dramaturgies of African American playwrights August Wilson and Ed Bullins. Using the theories and criteria for African American art and theatre as espoused by Alain Locke, W.E.B. Du Bois, and Amiri Baraka, and created by the 1960s and 1970s Black Theatre and Black Aesthetic movements, I discuss the importance of audience selection to Wilson's dramas, especially given his tremendous success on Broadway. I also explore the claimed lack of importance of audience to Bullins's dramaturgy, particularly as demonstrated in those plays written during his brief tenure …

The Power Of Desire In Selected Plays By Henrik Ibsen, Brooke Torrens

Theses : Honours

This thesis explores how desire operates in selected plays by the Norwegian dramatist, Henrik Ibsen. I will argue that desire acts us a motivating force, urging the characters to seek fulfilment in their ideals, resulting in both defeat and triumph. The four plays considered, Rosmersholm, The Lady From the Sea. Hedda Gabler and The Master Builder, depict characters that are unable to sustain ordinary existence. This inability produces equivocal and contradictory human emotions that both restrict and impel the characters as they journey toward their downfall and salvation. The ambiguous nature of these four plays is examined in order to …

'Bringing You Up To Speed' Challenges Of A Mother Using Amphetamines : A Case Study, Derek Bilton

Theses : Honours

The purpose of the current study was to explore the challenges of parenting from the perspective of a woman who uses amphetamines. The types of parenting challenge that arise as a direct result of both intoxication and a drug using lifestyle were examined. The study also investigated the types of coping strategies that the participant adopted in meeting her parenting challenges in conjunction with the factors that aided and impeded her preferred method of responding. The study extends onto the existing literature by drawing a participant from a non-clinical setting. The participant was recruited from word of mouth field recruitment. …

Comparison Of Final Math Grades Between Bethel College Elementary Education Majors With High As Opposed To Low Act Mathematics Test Scores, Linda Probert

Abraham S. Fischler College of Education ETD Archive

The problem under investigation was that some Bethel College students had difficulty passing the initial math courses for elementary education majors. The purpose of this study was to determine if there was a relationship between the final grades for the course Math for Elementary Teachers (MAT201M) of Bethel College elementary education students who had high scores as compared to low scores on the ACT mathematics test. The research question was, "Is there a significant difference between the final grades for MAT201M of students who had high scores on the ACT mathematics test as compared to students who had low scores …

Effect Of Applied Academics On The Final English Course Grade Of Associate Of Science Degree Students In Automotive Service Management Technology, Kathleen Habel

Abraham S. Fischler College of Education ETD Archive

Traditionally, students enrolled in two-year Automotive Service Management Technology degree programs, had a difficult time succeeding in required general education courses, especially math, English composition, and physics. They enrolled in classes open to the general student population but found that the material had little meaning or relevance to their chosen field of study. According to college records, the pass rate was less than the norm for liberal arts students. Because of this, faculty and staff decided that class material needed to be presented through applied academics. The new curriculum demonstrated the relevance of subject matter in general education classes to …

Evaluation Of Peerless Insurance Company’S Commercial Underwriting Knowledge Management Initiative And Development Of A Training Program To Address Performance Gaps, Kenneth John Swymer

Abraham S. Fischler College of Education ETD Archive

As a result of a recent knowledge management initiative, Peerless Insurance Company's (PIC) commercial underwriters {n=45) were provided access to the Internet and a company-wide intranet. The problem addressed was that incorrect underwriting decisions were being made due to the fact that information available was not being utilized, and there was no training program in place to address the shortcomings of this knowledge management initiative. Based upon an evaluation of this initiative, a training program was developed to address identified knowledge management performance gaps, with a plan for implementation and evaluation. The following five research questions were developed to address …

Narratives Of Workers On The Crisis Line: Dialogic Conversations About Domestic Violence, Elizabeth A. Curry

Library Faculty Presentations & Publications

This paper is my exploratory study of the interpersonal communication between domestic violence workers who answer crisis calls and the callers who seek help. I am focusing on the perception of those who answer the crisis lines. This is part of my on-going research into the meaning and experiences of the women who work against domestic violence. There are approximately 1,900 local domestic violence programs and state coalitions in every state, the District of Columbia and Puerto Rico. This paper is based on the experiences of women working in one local program, CASA. I will briefly compare the CASA advocates …

Demonstrating Collegiality: A Co-Constructed Narrative Inquiry, Elizabeth A. Curry, Deborah Cunningham Walker

Library Faculty Presentations & Publications

“Demonstrating Collegiality: A Co-Constructed Narrative Inquiry” seeks to define a collegial relationship through the experiences of two first year doctoral students at a large state-supported university. The techniques used to develop the co-constructed narrative parallel the authors’ development of a collaborative relationship. Using autoethnographic essays and interactive interviews, the authors co-construct several narratives that describe the process of moving from a friendly, social relationship to a scholarly, collaborative relationship, as well as the process of moving from peer reviewers to co-authors. An introductory narrative frames the paper; each of the “interior” narratives is accompanied by an extensive analytic introduction and …

System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter

Cardozo Law Review

Jürgen Habermas's recent work on law and democracy divides into two parts. With his "discourse theory of law and democracy," Habermas seeks to explain the conditions under which modern constitutional legal and political orders may claim legitimacy. Here Habermas's method is primarily philosophical and legal-theoretical. The second part of the project - the part on which this article focuses - develops what Habermas calls his "communication theory of society." Here Habermas seeks to "translate" the normative conclusions of his discourse theory into a substantive social-theoretical model. The idea is to determine whether the ambitious normative theory of democracy is plausible …

Strategies And Techniques To Impact Teachers’ Ability To Improve Students’ Reading Skills, Helen E. Martinez

Abraham S. Fischler College of Education ETD Archive

This study examines strategies and techniques intended to update 5th-grade target students’ reading skills at Our Lady of Victory (OLV) Catholic School. A comparative analysis of the reading comprehension subtest results from the Stanford Achievement Test of successive cohorts of OLV 4th-grade students showed a decline during the students’ 4th-grade year. An effort to identity this decline in performance led the researcher to possible factors: teacher quality and degree of parental involvement. To address this problem, Brandt, Farmer, and Buckmaster’s (1993) cognitive Apprenticeship Model program, in which instruction is modeled and adult learners gradually take responsibility for instructing young learners, …

Aligning Special Education Individualized Education Plans With District Curriculum And Learning Results, Martha G. Corkery

Abraham S. Fischler College of Education ETD Archive

Instructional practice at Bonny Eagle Middle School in Buxton, Maine, did not fully integrate IEP goals with curriculum and Maine Learning Results developed by the Maine Department of Education in 1997. Students with disabilities were prohibited from optimal learning experiences. In this study, the relationship between a sample group of students, language arts individual education plan goals, and curricular standards were attempted to be strengthened through enhanced instructional methodologies and assessments. The intended results of this study were to impact these students' levels of classroom involvement in addition to building collaboration among special and regular education teachers. Teachers' philosophies about …

Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay

University of San Francisco Law Review

No abstract provided.

The Evolution And Revolution Of Napster, Peter Jan Honigsberg

University of San Francisco Law Review

No abstract provided.

Can Law Schools Teach Values?, Christopher L. Eisgruber

University of San Francisco Law Review

No abstract provided.

Commuting Death Sentences Of The Insane: A Solution For A Better, More Compassionate Society, Lindsay A. Horstman

University of San Francisco Law Review

No abstract provided.

Save The Slip For The Service Providers: Courts Should Not Give Short Shrift To The Safe Harbors Of The Digital Millenium Copyright Act, Raphael A. Gutiérrez

University of San Francisco Law Review

No abstract provided.

Constitutional Self-Government And Judicial Review: A Reply To Five Critics, Christopher L. Eisgruber

University of San Francisco Law Review

Several of my critics argue as though the central purpose of Constitutional Self-Government were to defend an aggressive form of judicial review, in which all, or nearly all, moral issues are decided by judges. But that is not my goal. Instead, Constitutional Self-Government targets the common view that even if judges can protect rights or advance principles ofjustice better than can legislatures, judicial review is nevertheless at least problematic, and perhaps undesirable, because it is undemocratic.

The Artic Environmental Protection Strategy, Artic Council And Multilateral Environmental Initiatives: Tinkering While The Artic Marine Environmental Totter's, David Vanderzwaag, Rob Huebert, Stacy Ferrara

Denver Journal of International Law & Policy

No abstract provided.

Vol. 30, No. 2: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Corporate Groups And Strategic Alliances: New Reform Intruments To The Chinese, Yuwa Wei

Denver Journal of International Law & Policy

No abstract provided.

Everybody Wants To Go To Heaven, But Nobody Wants To Die: The Story Of The Transatlantic Common Aviation Area, Stephen D. Rynerson

Denver Journal of International Law & Policy

No abstract provided.

Combating International Terrorism, Ved P. Nanda

Denver Journal of International Law & Policy

No abstract provided.