Digital Commons Network^™

Why Suppose - Let's Find Out: A Public Policy Research Program On Dispute Resolution, Lisa B. Bingham

Journal of Dispute Resolution

In this commentary, I suggest that we can get a broader picture of the research agenda to address these policy issues by refining our notions of self-determination. In addition to self-determination over process and outcome in the individual case, we need to start examining who has control over design of the dispute system as a whole. First, this commentary addresses the difference between self-determination at the case level and self-determination in dispute system design and how these two separate dimensions of self-determination can help us distinguish among different uses of mediation and arbitration. Second, using this framework, I attempt to …

Trial Rights And Psychotropic Drugs: The Case Against Administering Involuntary Medications To A Defendant During Trial, Dora W. Klein

Vanderbilt Law Review

The right of an accused in a criminal trial to due process is, in essence, the right to a fair opportunity to defend against the State's accusations. Those who have experienced the full thrust of the power of government when leveled against them know that the only protection the citizen has is in the requirement for a fair trial. [I]nvoluntary medication with antipsychotic drugs poses a serious threat to a defendant's right to a fair trial. On July 24, 1998, Russell Weston shot and killed two police officers, and wounded a third, near a security checkpoint in the United States …

Moral Progress, Mental Retardation, And The Death Penalty, George J. Annas

Faculty Scholarship

Two major aspects of the death penalty in the United States directly involve physicians: how the death penalty is carried out and who is subject to execution. As a matter of constitutional law, both are governed by the prohibition against “cruel and unusual” punishment in the Eighth Amendment. The meaning of “cruel and unusual,” unlike every other part of the U.S. Constitution, is determined by public opinion as it reflects society's evolving standards of decency. With regard to how the death penalty is carried out, the role of physicians in capital punishment has been controversial for more than two decades. …

Business Method Patents And Patent Floods, Michael J. Meurer

Faculty Scholarship

Technological breakthroughs occasionally set off floods of inventions and associated patents. The decline of the business method exception to patentability is likely to increase the frequency of patent floods. Future technological breakthroughs might now cause two different patent floods: a flood of patents covering the relevant technology, and a flood of patents covering business methods in the new market opened by the breakthrough. Furthermore, a technological breakthrough is no longer a precondition for a patent flood. Any factor that opens a new market might cause a future flood of business method patents.

A flood of related patents in a new …

Bioterrorism, Public Health, And Civil Liberties, George J. Annas

Faculty Scholarship

The prospect of having to deal with a bioterrorist attack, especially one involving smallpox, has local, state, and federal officials rightly concerned. Before September 11, most procedures for dealing with a bioterrorist attack against the United States were based on fiction. Former President Bill Clinton became engaged in the bioterrorism issue in 1997, after reading Richard Preston's novel The Cobra Event. In Tom Clancy's 1996 Executive Orders, the United States is attacked by terrorists using a strain of Ebola virus that is transmissible through the air. To contain the epidemic, the President declares a state of emergency, orders that …

Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore

Faculty Scholarship

In 1997, the American Bar Association ("ABA") created the Commission on the Evaluation of the Rules of Professional Conduct otherwise known as the Ethics 2000 Commission ("Commission"). The Commission was charged with conducting a comprehensive review of the Model Rules of Professional Conduct ("Model Rules") to determine what changes were necessary to update the Model Rules and make them relevant to the practice of law in the twenty-first century? In August 2001, the Commission issued a 300-page report recommending numerous changes to the Rules. These recommendations have been considered by the ABA House of Delegates and were largely approved. As …

From Monopolists To Markets?: A Political Economy Of Issuer Choice In International Securities Regulation, Frederick Tung

Faculty Scholarship

It is ironic that during a time of corporate scandal and regulatory soul searching, one of the most spirited debates among corporate and securities law scholars has focused on reform proposals for international securities regulation that essentially call for corporate self-regulation. Scholars have called for international regulatory competition in securities law, arguing that each issuer of securities should be able to pick its own securities regulatory regime. While these "issuer choice" proponents argue for a diversity of and competition among securities laws of the various nations, their proposals also ironically depend on uniformity - or at least international consensus - …

Habermas's Discourse Theory Of Law And Democracy, Hugh Baxter

Faculty Scholarship

In his 1992 book, "Between Facts and Norms," Jürgen Habermas develops a two-part theory of law and democracy. This article examines the first part – the “reconstructive” part – in which Habermas seeks the most basic principles that justify modern legal and political orders, as well as the institutions and practices through which those principles are realized. Habermas's aims in this part of his theory are ambitious. His largest goal is to reconcile classic tensions in political theory, most notably the tension between basic rights and democracy – or, in terms of American legal theory, the “countermajoritarian difficulty.” He argues …

Common Law And Statutory Restrictions On Access: Contract, Trespass, And The Computer Fraud And Abuse Act, Maureen A. O'Rourke

Faculty Scholarship

Is copyright law relevant to the terms of access to information? Certainly, few would seriously contend that breaking into a locked filing cabinet to obtain access to a manuscript is not sanctionable, even if the intruder had some purpose that copyright law would applaud with respect to the information contained in the manuscript itself. Many instinctively believe that one must pay the asking price and respect the terms that accompany a copyrighted work or face the consequences under some set of laws like copyrights or contracts. In short, society likely generally believes that market forces regulate the conditions of access …

The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog

Faculty Scholarship

Magic Lantern presents several difficult legal questions that are left unanswered due to new or non-existent statutes and case law directly pertaining to the unique situation that Magic Lantern creates. ²⁵ The first concern is statutory. It is unclear what laws, if any, will apply when Magic Lantern is put into use.²⁶ The recent terrorist attacks in the United States have brought the need for information as a matter of national security to the forefront. Congress recently passed legislation (i.e. USA PATRIOT Act) ²⁷ that dramatically modifies current surveillance law, thus further complicating the untested waters of a …

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

Faculty Scholarship

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 …

Crisis And Constitutionalism, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Foreclosing On Fame: Exploring The Uncharted Boundaries Of The Right Of Publicity, Melissa B. Jacoby, Diane Leenheer Zimmerman

Faculty Publications

No abstract provided.

Service Learning: A Study Of Administrators' Goals At A Research I University, Christy Sanders

LSU Doctoral Dissertations

This case study explored the administrators' goals of a service learning program at a Research I university. This research was aimed at discovering administrators' goals and determining whether or not these goals were achieved, as perceived by students, administrators, community service agency directors, and faculty members. A structured, tape-recorded interview was used to gather data from participants in all groups. Barriers to implementation of service learning by faculty, students, and administrators included time constraints, lack of institutional support and lack of clarity as to what constituted service learning. University engagement in service learning was defined as the process by which …

Framing The Inquiry: The Social Impact Of Project Finance, Lissa Lamkin Broome

Faculty Publications

No abstract provided.

Allusion, Illusion And The Beginning Design Student, Albert C. Smith, Kendra Schank Smith

Proceedings of the 18th National Conference on the Beginning Design Student

This paper explores aspects of media that concern illusion and allusion. It will present some examples of beginning design student projects to question and elucidate both the inherent differences of these potentially dichotomous terms and how they might lead us in a more concordant direction for teaching beginning design and visual communications in architecture. In recent history, we have seen examples of drawings such as those published by Zaha Hadid and Daniel Libeskind that have had an inclination to place archrtecture into a greater state of allusion. These drawings are exciting and provoke the thoughtful references to the poss ibi …

Education Of An Architect: Through African-American Constructions, Scott Ruff

Proceedings of the 18th National Conference on the Beginning Design Student

No abstract provided.

Spatial Themes In A Three Week Project, Corey Saft

Proceedings of the 18th National Conference on the Beginning Design Student

In speaking to The Enigma of the First Assignment. the premise of this paper is explained with a studio in which a design project is addressed through sets of rules. Rules fall into three categories: for program, for site, and for assembly. These rules were left open-ended and they provided the first footholds for a student to get to work designing and not ponder the much larger problem of design itself.

The Parallel Projection, As Flights Of Fancy, Mary Nixon

Proceedings of the 18th National Conference on the Beginning Design Student

For a student of architecture, developing imaginative points-of-view and drawing acumen, is a must. The parallel projection is one such drawing type that aptly addresses point-of-view. Its three-dimensional properties and simple methodology make it a standard of beginning designers. Its inclination toward aerial adventures is an especially important feature to understanding its use. This paper examines the long history and sometimes-parallel track to architecture the parallel projection has enjoyed.

Prayer In Public Schools After Santa Fe Independent School District, Mark W. Cordes

Faculty Articles, Papers, and Other Scholarship

The thesis of this Article is that the distinction between voluntary student prayer, and state-sponsored prayer, has arguably become the central consideration in analyzing school prayer cases. Not only was this distinction emphasized by the Court in Santa Fe and prior cases, but it perhaps best explains the Court's results in the cases. The distinction is one which best balances the competing constitutional concerns potentially present in school prayer cases. In particular, it guards against the primary Establishment Clause concerns. The distinction is also one which overlaps substantially with concerns about state coercion and endorsement of religion. Both coercion and …

The Quality Of Hotel Employee Meals, And Employees' Perception Of The Quality, Eugene Tetteh Gorleku

LSU Master's Theses

Growing interest in nutrition and health and the increase in the number of people eating away from home gives power and responsibility to retail foodservice operators. Employees of hotels, restaurants, and other food service establishments are in an important position to influence and impact the diet of the general public since they cook, recommend, and serve customers who visit their institutions. Healthful foods are available, and chefs would benefit from nutritional guidance. The escalating importance of foodservice establishments as the main distribution sites for Americans’ meals highlights the importance of the chef’s role in preparing and providing healthful food consistent …

From Print To Online World: Examining The Predictors That Influence The Level Of Interactivity Of Newspaper's World Wide Web Pages, Qian Zeng

LSU Master's Theses

The purpose of this study is to examine the predictors that influenced the interactivity of U.S. daily newspapers Web sites, namely the market size of newspapers, newspapers ownership, the number of online newspaper technical staff, length of newspaper Web site existence. Whether a national newspaper has different interactive Web site from a local newspaper is also studied. A content analysis of 106 U.S. daily newspapers Web sites found that market size and length of time newspapers having Internet presence sites are correlated to the interactive level of newspapers Web sites. National newspapers are also found having more interactive Web sites …

Efficient Convolvers Using The Polynomial Residue Number System Technique, Surendar Paruchuri

LSU Master's Theses

The problem of computing linear convolution is a very important one because with linear convolution we can mechanize digital filtering. The linear convolution of two N-point sequences can be computed by the cyclic convolution of the following 2N-point sequences. The original sequence padded with N zero’s each. The cyclic convolution of two N-point sequences requires multiplications and additions for its computation. A very efficient way of computing cyclic convolution of two sequences is by using the Polynomial Residue Number System (PRNS) technique. Using this technique the cyclic convolution of two N-point sequences can be computed using only N multiplications instead …

Implementation Of An Integrated Quality Assurance Program For Ct-Tps Process, Junqing Wu

LSU Master's Theses

Systematic constancy and accuracy of a treatment planning system (TPS) are crucial for the entire radiation treatment planning process (TPP). The Quality Assurance (QA) of individual components does not necessarily lead to satisfying performance of the whole process due to the possible errors introduced by the data transfer process between components and other fluctuations. However, most of current QA for TPS is confined to the treatment planning computers. In this study, a time efficient and integrated CT-TPS QA procedure is presented, which starts at the beginning of the TPS input --- Computer Tomograhpy (CT). The whole QA procedure is based …

The United States 1989 Military Intervention In Panama: A Just Cause?, William Harrision Huff Iv

LSU Master's Theses

American involvement in Panama dates back to 1903 when the United States helped bring independence to the Republic and soon after began construction of the Panama Canal. As the guarantor of Panamanian sovereignty, the U.S in the ensuing decades contributed to a non-democratic environment in Panama by supporting a series of dictators who promised stability in the region. The U.S. National Security policy just before Operation JUST CAUSE finally acknowledged the brutality of the Panamanian dictator, Manuel Noriega, forcing Washington to attempt numerous unsuccessful diplomatic maneuvers in an effort to avoid military intervention. Once combat operations commenced, the justification, necessity …

The Effects Of Fall Coldfront Passages On The Nekton Community In A Tidal Creek In Port Fourchon, La, As Monitored By Hydroacoustics, David J. Harmon

LSU Master's Theses

Split-beam hydroacoustic sampling with two, 420 KHz, 2x6 degree elliptical transducers was evaluated as a tool to quantify nekton movements in a Louisiana estuary. I measured the effects of atmospheric cold front passages on nekton in a tidal creek in Port Fourchon, LA during the fall of 2000. Six “fronts” were sampled between October 6 and December 18, 2000. Nekton density ranged from 0 to 24.4 fish/m³ with an overall mean of 2.44 fish/m³. Net samples were taken to supplement the acoustic data with species composition data. Species composition changed from October to December. A higher number …

Toward A Design Process, Joel Shay Aulie

LSU Master's Theses

This project presents an unconventional approach to an innovative design process. The thesis relates the challenges of adapting to the design studio environment. The author describes a personal journey into the design process, resulting from research and study of specific designers who have had high impact on the new creative approach to landscape design. The insight and knowledge gained from this search was instrumental in the evolutional process of design, incorporating a universal technique. The resultant process was then applied to a case study and evaluated for merit. The measure of a designer ultimately becomes the work he produces.

Bacillus Anthracis Spore Concentrations At Various Carcass Sites, Pamala Rose Coker

LSU Doctoral Dissertations

Bacillus anthracis, the etiological agent of the disease anthrax, is a bacteria of great importance, both in the past and today. Despite this importance, many questions remain regarding defending against its use as a biological weapon, the bacteria's variation in virulence, and its epidemiology in nature. Using Etest strips (AB BIODISK, Solna, Sweden) to measure the MICs, 25 genetically diverse isolates of B. anthracis were tested to determine their susceptibility to seven clinically relevant antimicrobial agents. Using the NCCLS MIC breakpoints for staphylococci, three isolates were found to be resistant to penicillin and negative for beta-lactamase production. From a group …

Wavelength Assignment In All-Optical Networks For Mesh Topologies, Prabhulaiah Bijja

LSU Master's Theses

All-Optical Networks employing Dense Wavelength Division Multiplexing (DWDM) are believed to be the next generation networks that can meet the ever-increasing demand for bandwidth of the end users. This thesis presents some new heuristics for wavelength assignment and converter placement in mesh topologies. Our heuristics try to assign the wavelengths in an efficient manner that results in very low blocking probability. We propose novel static and dynamic assignment schemes that outperform the assignments reported in the literature even when converters are used. The proposed on-line scheme called "Round-Robin" assignment outperforms previously proposed strategies such as first-fit and random assignment schemes. …

Prelude To A Text : The Autobiography Of Abdelkebir Khatibi, Ruth Louise Gaertner

LSU Doctoral Dissertations

This study of Abdelkebir Khatibi’s autobiography, La Mémoire tatouée, addresses two specific questions with respect to autobiography: What does this autobiography tell us about autobiography in general and about its own status as autobiography? What is the relationship between Khatibi’s autobiography and his other more well-known texts? Chapter One focuses on questions of autobiography and how this text challenges generic classification and definition. The analysis in this chapter focuses on a consideration of form and innovation, the multiplicity of the autobiographical subject, and questions of completeness, accuracy and memory in the creation of autobiography. Chapter Two begins with the idea …