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2002

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New Issues Arising Under Section 1983, Martin A. Schwartz Jan 2002

New Issues Arising Under Section 1983, Martin A. Schwartz

Scholarly Works

No abstract provided.

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Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis Jan 2002

Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis

Scholarly Works

This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average 'nonrepeat player'.

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A Comparative Study Between Ireland's Economic Model And Jordan's Current Reforms: What Are The Characteristics Jordan Can Emulate?, Yanal Jallad Jan 2002

A Comparative Study Between Ireland's Economic Model And Jordan's Current Reforms: What Are The Characteristics Jordan Can Emulate?, Yanal Jallad

Theses

Jordan is a beautiful country with a rich assortment of historical, religious and geographical tourist attractions. It is both a modern and moderate nation with a hospitable people. Sandwiched in a turbulent region, Jordan must overcome these challenges while moving its economic transformation forward. Some commentators point out that Jordan can learn a great deal from countries like Ireland, who have successfully transformed their economies into globally competitive ones. By identifying and understanding the fundamental characteristics of the Irish model, Jordan would be in a better position to emulate the Irish model while maintaining its uniqueness and character. This body …

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The Development Of Tourism In Republic Of Croatia By Using Best Management Practices, Ivo Arkulin Jan 2002

The Development Of Tourism In Republic Of Croatia By Using Best Management Practices, Ivo Arkulin

Theses

This study has been created to analyze current stage of tourism development in Republic of Croatia, as well as to show prospective ways for improved tourism and economic development in the future. The focus is on both macroeconomic and microeconomic .aspects. The study shows how to use some of the best management practices - system dynamics, systems thinking, breakthrough thinking, benchmarking and delivering profitable value - in scenario planning for Croatian tourism and economic development. The transition process brings about numerous challenges to every aspect of life, but especially in economics. Government administrators, economists, tourism planners, corporate managers and university …

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Making Connections: A Study And Application Of Christian Hospitality, Dennis Murphy Jan 2002

Making Connections: A Study And Application Of Christian Hospitality, Dennis Murphy

Theses

Dewitt Community Church (DCC) and other Christian Churches were examined in the attempt to create a program of hospitality that was not present at DCC. There was a shift in research due to the lack of a similar model elsewhere. Studying the leadership and membership at DCC as well as trying new ideas became the basis for the study. The importance of people spending time together and serving side by side is established. Christian Hospitality is defined and added to secular restaurant management wisdom to create a Hospitality Ministry at DCC. This included a weekly brunch that was new in …

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Restaurant Management In Lebanon: Current Trends And Future Concerns, Carine Issa Jan 2002

Restaurant Management In Lebanon: Current Trends And Future Concerns, Carine Issa

Theses

Not provided.

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Lawyer-Negotiator As Mood Scientist: What We Know And Don't Know About How Mood Relates To Successful Negotiation, The, Clark Freshman, Adele Hayes, Greg Feldman Jan 2002

Lawyer-Negotiator As Mood Scientist: What We Know And Don't Know About How Mood Relates To Successful Negotiation, The, Clark Freshman, Adele Hayes, Greg Feldman

Journal of Dispute Resolution

This article explores two related questions: First, does mood7 shape how well lawyers succeed at negotiation?" Second, can lawyers succeed better at negotiation by understanding and managing the role of mood? We begin by exploring what scientific evidence we currently have about how mild changes in mood are associated with significant differences in success at negotiation. Ultimately, we argue that existing scientific evidence shows mood plays a far more complicated role than negotiators and negotiation scholars usually imagine, but that further research needs to address more carefully exactly how mood works and how it affects lawyers and legal negotiation. We …

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Trial Rights And Psychotropic Drugs: The Case Against Administering Involuntary Medications To A Defendant During Trial, Dora W. Klein Jan 2002

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 …

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Moral Progress, Mental Retardation, And The Death Penalty, George J. Annas Jan 2002

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. …

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Managerial Power And Rent Extraction In The Design Of Executive Compensation, Lucian Arye Bebchuk, Jesse M. Fried, David I. Walker Jan 2002

Managerial Power And Rent Extraction In The Design Of Executive Compensation, Lucian Arye Bebchuk, Jesse M. Fried, David I. Walker

Faculty Scholarship

This paper develops an account of the role and significance of managerial power and rent extraction inexecutive compensation. Under the optimal contracting approach to executive compensation, which has dominated academic research on the subject, pay arrangements are set by a board of directors that aims to maximize shareholder value. In contrast, the managerial power approach suggests that boards do not operate at arm's length in devising executive compensation arrangements; rather, executives have power to influence their own pay, and they use that power to extract rents. Furthermore, the desire to camouflage rentextraction might lead to the use of inefficient pay …

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Delegation And Original Meaning, Gary S. Lawson Jan 2002

Delegation And Original Meaning, Gary S. Lawson

Faculty Scholarship

The nondelegation doctrine may be dead as doctrine, but it is very much alive as a subject of academic study. Concurring opinions by Justices Thomas and Stevens in the American Trucking case raise anew the question whether the nondelegation doctrine has any grounding in the Constitution's text and structure. The answer is "yes." The nondelegation doctrine flows directly from the doctrine of enumerated powers: the executive and judiciary have no enumerated power to make law, and Congress has no enumerated power to constitute them as lawmakers. The correct formulation of the Constitution's nondelegation doctrine was outlined by Chief Justice Marshall …

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Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore Jan 2002

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 …

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From Monopolists To Markets?: A Political Economy Of Issuer Choice In International Securities Regulation, Frederick Tung Jan 2002

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 - …

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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 Jan 2002

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 …

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How To Construct An Underclass, Or How The War On Drugs Became A War On Education, Eric D. Blumenson, Eva Nilsen Jan 2002

How To Construct An Underclass, Or How The War On Drugs Became A War On Education, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The war on drugs has spawned a second front-a war on education. The casualties of this war are all poor or lower-income people who cannot afford to buy a private education. This article details the consequences of this other war, and explores some legislative and litigation strategies for reclaiming educational opportunity for all Americans. First, however, we must set out in more detail the laws and policies that now deploy educational privation as punishment in public schools, colleges, and prisons.

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Crisis And Constitutionalism, Michael J. Gerhardt Jan 2002

Crisis And Constitutionalism, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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The Lives Of John Marshall, Michael J. Gerhardt Jan 2002

The Lives Of John Marshall, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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A Most Sacred Place: The Significance Of Crater Lake Among The Indians Of Southern Oregon, Douglas Deur Jan 2002

A Most Sacred Place: The Significance Of Crater Lake Among The Indians Of Southern Oregon, Douglas Deur

Anthropology Faculty Publications and Presentations

Discusses the Native American view of Crater Lake, Oregon, as a place of religious significance and the misunderstandings with whites as to its importance to Oregon's Indian tribes. Created some 6,500 years ago by volcanic eruption, Crater Lake has long been seen by Indians as a sacred place. Their hunting, berry gathering, and vision quests in the lake area were tied to their religious view of the lake. Since the 1850's, whites have treated the lake with a lack of understanding of its significance to the Klamath tribes. The National Park Service restricted hunting and charged Indians fees to pass …

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Mitigation Strategies For The Removal Of Rinsate Organics And Lithium-Based Dyes From Textile Effluents, Kathryn W. Huddle Jan 2002

Mitigation Strategies For The Removal Of Rinsate Organics And Lithium-Based Dyes From Textile Effluents, Kathryn W. Huddle

LSU Master's Theses

Governmental agencies have set regulatory values on the concentration of dye-related color that can be released in textile mill effluents. A proprietary biotic and abiotic technology treatment train was built at a candidate facility in northwestern Georgia to reduce the organic content and dye-related color content in the textile mill’s effluent. Laboratory experimentation began with bench scale 4 L immobilized microbe (IMBR) bioreactor tests to biologically treat primary wastewater streams, namely skein dye and space dye, from this candidate facility. The biological treatment reduced the organic content levels, expressed as chemical oxygen demand (COD), from 3185±30 to 290±20 mg/L (COD …

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Prediction Of Transient Head On Seepage Path Using Boundary Fitted Coordinate (Bfc) System, Sherly Hartono Jan 2002

Prediction Of Transient Head On Seepage Path Using Boundary Fitted Coordinate (Bfc) System, Sherly Hartono

LSU Master's Theses

One of the main causes of levee failure is seepage through levee. This seepage can cause weakening in the levee structure, which in turn can cause sudden levee failure or overtopping of the levee due to levee depression. The purpose of this study is to determine the transient head on the seepage path due to changing water level during flood period. Transient seepage problems are very important as critical condition can occur during this time rather than during steady state condition. Seepage path through a levee can be predicted using the Boundary Fitted Coordinate (BFC) system method. The physical coordinate …

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Feeding Habits Of Blacktip Sharks, Carcharhinus Limbatus, And Atlantic Sharpnose Sharks, Rhizoprionodon Terraenovae, In Louisiana Coastal Waters, Kevin Patrick Barry Jan 2002

Feeding Habits Of Blacktip Sharks, Carcharhinus Limbatus, And Atlantic Sharpnose Sharks, Rhizoprionodon Terraenovae, In Louisiana Coastal Waters, Kevin Patrick Barry

LSU Master's Theses

Little is known regarding the feeding behavior of many shark species. Even less is known about shark feeding habits in Louisiana coastal waters. The stomach contents of gillnet-captured blacktip sharks (n=356), Carcharhinus limbatus, and Atlantic sharpnose sharks (n=55), Rhizoprionodon terraenovae, were examined in this study. Roughly half of the blacktip stomachs (52%) and sharpnose stomachs (45%) contained prey items. The primary prey item in terms of percent number, occurrence, and weight for blacktips and sharpnose was the gulf menhaden, Brevoortia patronus. Both blacktips and sharpnose appear to mainly be piscivores; however, no members of Sciaenidae, the most common family of …

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Framing The Inquiry: The Social Impact Of Project Finance, Lissa Lamkin Broome Jan 2002

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

Faculty Publications

No abstract provided.

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Prayer In Public Schools After Santa Fe Independent School District, Mark W. Cordes Jan 2002

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 …

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Surveying Gender Bias At One Midwestern Law School, David H. Taylor Jan 2002

Surveying Gender Bias At One Midwestern Law School, David H. Taylor

Faculty Articles, Papers, and Other Scholarship

The graduating class of 1997 entered Northern Illinois University College of Law (NIUCOL) with 51% women. That figure steadily dropped over the next three years. The graduating class of 2000 entered NIUCOL with just 33% women. This was especially alarming because one of the administration's missions has been to provide access to the legal profession for persons belonging to groups traditionally under-represented in the profession. The decline was viewed as a possible step backward in what had previously been viewed as a very successful effort to recruit higher levels of women students. In an attempt to accurately measure the types …

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Thinking Outside The Civil Case Box: Reformulating Pretrial Conference Laws, Jeffrey A. Parness, Matthew Walker Jan 2002

Thinking Outside The Civil Case Box: Reformulating Pretrial Conference Laws, Jeffrey A. Parness, Matthew Walker

Faculty Articles, Papers, and Other Scholarship

The civil case box generally described in written civil procedure laws references only presented claims and their named parties, including representative attorneys and agents tied to recovery or liability. Yet in many civil cases there must also be determined unpresented claims (i.e., insurance coverage) and nonparty interests (i.e., contingent or expert witness fee recovery). Unrepresented claims and nonparty interests should be processed, like presented claims, with a view toward "just, speedy, and inexpensive" resolutions. Such resolutions can be facilitated through pretrial conferencing. Written pretrial conference laws should be amended to encompass all that may be settled or tried in civil …

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Hypoxanthine Phosphoribosyl Transferase And Early Embryo Development, Michael Gerard Collins Ii Jan 2002

Hypoxanthine Phosphoribosyl Transferase And Early Embryo Development, Michael Gerard Collins Ii

LSU Doctoral Dissertations

The objectives of the first experiment were to ascertain if there were any differences between two mouse areola and adipose tissue cell lines. These cell lines differed only in the presence or absence of the hypoxanthine phosphoribosyl transferase (HPRT) gene. It was found that the cell lines were similar for all parameters. The objectives of the second experiment were to determine if the HPRT gene had an effect on the development of preimplantation mouse embryo. To test this transgenic mouse lines were created. The embryo sex and genotype ratio, the embryo diameter, and the embryo developmental patterns, using a Collin-Ryan …

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Clear-Cutting Eden: Representations Of Nature In Southern Fiction, 1930-1950, Christopher B. Rieger Jan 2002

Clear-Cutting Eden: Representations Of Nature In Southern Fiction, 1930-1950, Christopher B. Rieger

LSU Doctoral Dissertations

This dissertation examines how Southern literary representations of the natural world were influenced by, and influenced, the historical, social, and ecological changes of the 1930s and 1940s. Specifically, I examine the ways that nature is conceived of and portrayed by four authors of this era: Erskine Caldwell, Marjorie Kinnan Rawlings, Zora Neale Hurston, and William Faulkner; through their works, I investigate the intersections of race, class, and gender with the natural environment. I argue that during this time of profound regional and national upheaval there exists a climate of professed binary oppositions and that these authors’ representations of nature in …

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The Quality Of Hotel Employee Meals, And Employees' Perception Of The Quality, Eugene Tetteh Gorleku Jan 2002

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 …

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From Print To Online World: Examining The Predictors That Influence The Level Of Interactivity Of Newspaper's World Wide Web Pages, Qian Zeng Jan 2002

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 …

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Efficient Convolvers Using The Polynomial Residue Number System Technique, Surendar Paruchuri Jan 2002

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 …

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