Digital Commons Network^™

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 …

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 …

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 …

Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor

Faculty Articles, Papers, and Other Scholarship

This article will examine the basic nature of our public system of dispute resolution and consider what role, if any, there is for private contracts that alter that system. This article will begin by tracing the evolution of PLAs from their initial disfavorment by courts to their wide spread present day acceptance. Also, this article will compare the standards for recognition and enforcement of PLAs that have been given life by courts to those that are the creations of deliberative bodies. The main emphasis will be on discussing how effective the various approaches have been in preserving fundamental fairness in …

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 …

Supercritical Carbon Dioxide Extraction Of Lipids From Raw And Bioconverted Rice Bran, Rohit Badal

LSU Master's Theses

Rice bran is often discarded despite its nutritional value because the oil in rice bran easily becomes rancid. This has necessitated the search for a method for utilizing the rice bran. The present study involves the application of supercritical fluid extraction (SFE) and bioprocessing (microbial growth on rice bran media) for increasing the value of the rice bran to produce products of high value (nutraceuticals) with superior health benefit. This study was focused on determining the effect of particle size (>48 mesh and 16-48 mesh) and biotreatment on the yield and quality of rice bran oil. SFE technique (40°C, …

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.

A Screening Assessment Of Dissolved Air Flotation For Control Of Nonindigenous Invasive Species Transported In Shipping Ballast Water, Eng Chong Voon

LSU Master's Theses

Uncontrolled discharge of ballast water by vessels has been considered one of the main mechanisms for the introduction of aquatic nuisance species (ANS). The typical size of species found ranges from 0.02 to 10,000 micrometer. This wide range of sizes consists of microorganism (protozoa, dinoflagellates, and cholera), planktonic species, plants, insects, other arthropods, worms, mollusks, and vertebrates. These species either remain suspended in ballast water or settle in ballast tank sediments. Providing treatment for ballast water is a challenging task due to space availability of ships and significant magnitude of flow rates and volumes of ballast water. Currently, open ocean …

Evaluation Of Feeding Chlamydospores Of Duddingtonia Flagrans To Ewe/Lamb Pairs And Weaned Lambs To Biologically Control Levels Of Haemonchus On Pasture, Natalee Peart

LSU Master's Theses

Gastroenteritis caused by the nematode parasite Haemonchus contortus is a serious concern for small ruminants in the tropics and subtropics. Control is traditionally by anthelmintics and pasture management, however this specific nematode parasite has become resistant to many anthelmintics and research is now focused on novel control methods including biological control using the nematode-trapping fungus, Duddingtonia flagrans. The objective of this study was to investigate the effectiveness of feeding chlamydospores of the fungus at a dosage of 5 x 105 spores/kg of BW to ewe/lamb pairs (Trial 1) and weaned lambs (Trial 2) for a total of 17 and 8 …

Her Still Singing Limbs: A Collection Of Poetry, Anthony William Rintala

LSU Master's Theses

"Her Still Singing Limbs: A Collection of Poetry" is a fragmented rumination on the intrinsic loneliness of the human condition. Using the Greek myth of Echo’s destruction at her beloved Narcissus’s hands as the foundation, these poems combine voyeuristic images of beauty and violence to explain why all poets write "songs of exquisite loneliness."

Backwaters, Tamika L. Edwards

LSU Master's Theses

Backwaters is a novel heavily steeped in the supernatural. It chronicles the lives of a mother and son who have been disconnected from one another through a series of curses. Unaware of the other-worldly forces propelling their lives into chaos, each loses themselves to madness and isolation. Their only escape is in loving others too hard, and not each other enough.

Mixed Feelings, Hillary Mcmahan

LSU Master's Theses

My thesis exhibition, entitled "Mixed Feelings," consisted of mostly figurative paintings and drawings. In this body of work I attempted to use fragments of the figure, separately and in combination with various objects and creatures, to create visual equivalents for a range of emotional states.

Glacial Deposits, Vol. 30, 2001-2002, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

Standing Liberty And Other Stories, Richard Buchholz

LSU Master's Theses

This miscellany represents the pick of the vignettes, tales, and anecdotes the author has gathered and spun out over the past few years. Personal experience, with the exception of a few inessential details, is not represented. The influence of ragtime music, which played with relentless syncopation in the author's head as he composed with pencil and yellow pad, may be discernable to those who take the trouble to read the sentences aloud.

Pot-Au-Feu Japan: Foods And Weddings, Satomi Fukutomi

LSU Master's Theses

As Japan underwent rapid modernization and economic expansion after World War II, its cultural complex transformed into a postmodern mingling of Western and Eastern cultures, merging modern and antiquated tradition (Heine 1995:29). The Japanese have absorbed many Western traditions without immigrating, or living outside of their own (Eastern) society; Japanese marriage rituals exhibit such Eastern and Western cultural minglings. Wedding receptions, regarded as mini-drama, contain traditions of old—material taboos, inedible wedding cakes, beer ceremony, the importance of the color white, as well as blended traditional-modern acts such as toasting champagne while wearing a kimono, and gift-giving rituals incorporating famous American …

Constitutional Issues In Information Privacy, Fred H. Cate, Robert E. Litan

Articles by Maurer Faculty

The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector, despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11 terrorist attacks on the World Trade Center and the Pentagon. Efforts to identify and bring to justice the perpetrators and to protect against future terrorist attacks, while threatening to weaken constitutional protections against government intrusions into personal …

Explaining The Explanation: Byron's Notes To Childe Harold's Pilgrimage, Cristina M. Caminita

LSU Master's Theses

In this thesis, I show that Lord Byron's notes to Childe Harold's Pilgrimage are an integral part of the poem itself, not to be read as added material, but to be read as material that comments upon and deconstructs the poem. I examine the first two cantos of the poem, reading the notes as Byron's own answers and questions to the stylistic and political ramifications of the romance verse. By scrutinizing Byron's use of the romantic hero, the romance verse, the romantic quest and the text of romance for his reading public, I show Byron's own subversion and questioning of …

The Role Of Libraries In Native American Communities In Louisiana, Becky Hebert

LSU Master's Theses

Describes the study done to identify and describe Louisiana tribal libraries and public library services to Louisiana Native American communities. These four tribes had tribal libraries: Chitimacha, Coushatta, Tunica-Biloxi, and the United Houma Nation. Tribal library evaluation areas included collections, users, technology, funding, cultural integration, and staff demographics. The following tribes were interviewed about public library service in their parishes: Caddo Adais, Choctaw-Apache Community of Ebarb, Clifton Choctaw, Four-Winds Cherokee, Jena Band of Choctaws, and the Talimali Band of Apalache of Louisiana. Most communication between tribes and parish libraries was poor. In general, the tribal library staff did not know …

Paradise: In A Dream, Jonathan Beresford Horrocks

LSU Master's Theses

Paradise: In a Dream is a poem by Christina Rossetti, which is based on a dream the author had of heaven. It was my goal to give this masterpiece a musical dimension: expanding its meaning and giving the experience dramatic implications. The harmonic language and tensions come from the words of the poem. I used progressive tonality to tie the twentieth-century musical element to the romantic idiom of the poem. There are two important musical themes. The “song of Paradise” theme is Schubertian and dance-like, appearing for the first time before the second verse (meas. 32). The theme of earthly …

The Blues In Three Parts: A Collection Of Poetry, Short Stories, And A Screenplay, Desha Tolar Kelly

LSU Master's Theses

This thesis is entitled, “The Blues in Three Parts: A Collection of Poetry, Short Stories, and a Screenplay.” The first part, a collection of poetry, contains themes of childhood and adolescence, love and loss, life struggles, writing, and death. The second part, a collection of short stories, contains five stories centered on similar themes. The third and final part, a screenplay entitled “Cow”, contains elements of the first two parts as well. The epigraph, which contemplates the idea that the blues is not only music, but all the ups and downs of life, sets the stage for the central thread, …

Factors Which Influence Faculty Attitudes And Perceptions Of Distance Education In Analytical Subject Areas, Jeffrey G. Sumrall

LSU Doctoral Dissertations

This study focuses on current faculty attitudes and perceptions of distance education. A thorough review of literature indicates that faculty members are critical elements of distance education delivery and that certain factors (tenure, departmental incentives, gender, age) influence faculty participation. The main hypothesis being investigated is whether or not the analytical nature of the course is in fact the prime indicator in faculty participation. Faculty members from three randomly chosen SREB member institutions were surveyed. The purpose for choosing SREB member institutions for the population was for generalizing the findings to higher education institutions throughout the Southeastern United States. The …

The Threepenny Opera: Designing Lights With Brecht A Production Thesis In Theatre Design And Technology, Brent Landry Glenn

LSU Master's Theses

The lighting design for this production of The Threepenny Opera by Bertolt Brecht was selected and approved for my thesis in the autumn of 2001. This thesis represents a written account of the lighting design as it was conceived, developed and executed. It contains a brief analysis of Brechtian theory, a production journal describing the major events of the design process, a cue description, records of research, photographic and literary evidence of the realized product, and a personal evaluation of both the process and outcome.

Stefan Zweig And Russia, Lidia Zhigunova

LSU Master's Theses

The main purpose of this study is to examine and to evaluate the reception of Stefan Zweig and his works in Russia, as well as the perception of Russia by Stefan Zweig recorded in his recollections of his trip to Russia in 1928, when he took part in the festivities dedicated to the hundredth anniversary of Leo Tolstoy's birth. I will also analyze the meeting and the correspondence between Zweig and Gorky, as well as the correspondence between Zweig and Romain Rolland, in which the two of them shared their views on Soviet Russia. The study concurs that Zweig was …

Is There A Constitutional Right To Clone, Cass R. Sunstein

UC Law Journal

Recent scientific innovations, and proposed legislation have raised - questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional "right to clone." This Essay urges that as a matter of substantive due process, rationality review is probably appropriate, and that restrictions on both reproductive and therapeutic cloning would and should survive constitutional scrutiny. At the same time, many of the arguments for banning both forms of cloning are based on ignorance, myths, and speculation. It is extremely important to distinguish between reproductive and nonreproductive cloning, and it is equally important …

In Defense Of Malingering: A Cautionary Note, Dennis R. Dixon

LSU Master's Theses

The simulation and exaggeration of job related injury symptoms is a significant problem in the Workers' Compensation system. The result of simulation and exaggeration is the inappropriate allotment of financial resources to workers whose actual injuries do not warrant such compensation. Psychology as a field has done much research in the past years to address the detection of malingering. Most of that focus has viewed malingering behavior as a personal choice, as well as being indicative of a character flaw. However, the degree to which external factors such as work conditions increase the likelihood of an individual malingering has received …

The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Articles by Maurer Faculty

This article contributes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000.

The various roles …

Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Introduction To Written Symposium On Public Health And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Patent Abolitionism, Mark D. Janis

Articles by Maurer Faculty

In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …