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2002

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After Orange County: Reforming California Municipal Bankruptcy Law, Frederick Tung Jan 2002

After Orange County: Reforming California Municipal Bankruptcy Law, Frederick Tung

Faculty Scholarship

Because of federal constitutional concerns, a municipal entity may resort to federal bankruptcy protection only with the authorization of its state. Federal law requires that a municipality be "specifically authorized" under state law to file for bankruptcy protection. Existing California law provides fairly broad authorization for its municipalities, but the statute is in need of both technical and substantive revision. After discussing constitutional concerns and surveying other states' approaches to municipal bankruptcy authorization, Professor Tung recommends a system of discretionary access, in which the governor holds discretionary power to approve, disapprove, or condition a municipality's access to bankruptcy.

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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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Habermas's Discourse Theory Of Law And Democracy, Hugh Baxter Jan 2002

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 …

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Common Law And Statutory Restrictions On Access: Contract, Trespass, And The Computer Fraud And Abuse Act, Maureen A. O'Rourke Jan 2002

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 …

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Adventures With Lori Andrews, George J. Annas Jan 2002

Adventures With Lori Andrews, George J. Annas

Faculty Scholarship

The subtitle of Lori Andrew's autobiographical The Clone Age is "Adventures in the New World of Reproductive Technology."' This may seem an odd characterization of the life of a legal scholar, but adventures is just right to chronicle the life of this academic legal activist. Lori's legal adventures began at Yale Law School and continue in Chicago, where she was a researcher at the American Bar Association for over a decade and is now professor of law at Chicago-Kent College of Law and Director of the Institute for Science, Law and Technology. Her adventures in health law can also be …

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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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The Changing Face Of Recognition In International Law: A Case Study Of Tibet, Robert D. Sloane Jan 2002

The Changing Face Of Recognition In International Law: A Case Study Of Tibet, Robert D. Sloane

Faculty Scholarship

The concept of state recognition in public international law has long been mired in a (pejoratively) academic debate between the "declaratory" and "constitutive" schools. This article strives to reappraise and recast recognition through analysis of the history and status of Tibet and its government-in-exile. I argue that, for analytic purposes, we must distinguish three forms of recognition: first, political recognition, the formal acts by which one sovereign recognizes another's claim to statehood or legitimate governance; second, legal recognition, a judgment of recognition based on some set of reasonably objective legal criteria; and third, civil recognition, the force of popular moral …

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System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter Jan 2002

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 …

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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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Foreclosing On Fame: Exploring The Uncharted Boundaries Of The Right Of Publicity, Melissa B. Jacoby, Diane Leenheer Zimmerman Jan 2002

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

Faculty Publications

No abstract provided.

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The Limits Of Secularism: Public Religious Expression In Moments Of National Crisis And Tragedy, William P. Marshall Jan 2002

The Limits Of Secularism: Public Religious Expression In Moments Of National Crisis And Tragedy, William P. Marshall

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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Contested Lands, Contested Identities: Revisiting The Historical Geographies Of North America's Indigenous Peoples, Douglas Deur Jan 2002

Contested Lands, Contested Identities: Revisiting The Historical Geographies Of North America's Indigenous Peoples, Douglas Deur

Anthropology Faculty Publications and Presentations

In my work with the tribes and First Nations of western North America, I am told the same stories again and again. In intricate and sometimes gruesome detail, I am told how the white world, in its efforts to occupy and claim the western half of the continent over the last two centuries, employed myriad strategies—strategies of conquest—to separate indigenous peoples from their lands. And in these stories, tribal members, no matter their levels of education or backgrounds, recognize that the military conflicts, genocide, territorial dispossession and displacement, and enforced marginalization that has characterized Indian-white relations over this period cannot …

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Rethinking Precolonial Plant Cultivation On The Northwest Coast Of North America, Douglas Deur Jan 2002

Rethinking Precolonial Plant Cultivation On The Northwest Coast Of North America, Douglas Deur

Anthropology Faculty Publications and Presentations

The indigenous peoples of the Northwest Coast of North America are widely believed to have been true “hunter-fisher-gatherers,” lacking plant cultivation of any kind. This depiction of the region's indigenous inhabitants emerged within early colonial accounts and was perpetuated within the literatures of geography, anthropology, and archaeology. Still, there is ample evidence of plant cultivation available from archival, archaeological, and ethnographic sources. In particular, the peoples of coastal British Columbia created large gardens of edible estuarine plants, using sophisticated indigenous technologies. The oversight of these practices in written representations of the region reveals consistent patterns of bias, emanating from the …

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Nutrient Profile, Functional Properties, And Microstructure Of Dried Waste Milk Products For Use As A Potential Animal Feed, Ronald I. Thompson Jan 2002

Nutrient Profile, Functional Properties, And Microstructure Of Dried Waste Milk Products For Use As A Potential Animal Feed, Ronald I. Thompson

LSU Doctoral Dissertations

A study was conducted to determine the feasibility of concentrating the wastewater of a butter/powder factory for use as an animal feed. Two concentrated products were evaluated: recovered milk product (RMP), which is the direct factory waste stream; and formulated recovered milk product (FRMP), which is a product made by combining RMP and separator de-sludge in a 3:1 ratio. Three pilot scale dryer systems were used to concentrate the product: a spray dryer, a roller dryer, and a pulse combustion dryer. Dried samples were analyzed for fat, moisture, protein, ash, nitrates, chloride, pH, calcium, phosphorus, sodium and amino acids. Values …

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Service Learning: A Study Of Administrators' Goals At A Research I University, Christy Sanders Jan 2002

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 …

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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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A Catalogue Of Twentieth-Century Spanish Music For Cello And Piano, Gabriel Delgado Morán Jan 2002

A Catalogue Of Twentieth-Century Spanish Music For Cello And Piano, Gabriel Delgado Morán

LSU Doctoral Dissertations

This catalogue presents 146 twentieth-century Spanish composers with 219 pieces for cello and piano. Pieces collected in this catalogue are largely original works for cello and piano. However, a few pieces in which the arrangement has been made by the composer or under the composer's supervision have been included. Some foreign composers working in Spain for many years have also been included. The body contains the entries by the composer's last name in alphabetical order. Each entry will include as much information as possible within the following guide: complete name and dates of the composer, complete title of the piece, …

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Hybridization Of Lepomid Sunfishes By Use Of Cryopreservation, C. Brian Whaley Jan 2002

Hybridization Of Lepomid Sunfishes By Use Of Cryopreservation, C. Brian Whaley

LSU Master's Theses

The goal of this project was to integrate cryopreservation into the hybridization of sunfishes. The first objective was to evaluate the conditioning of sunfishes to spawn in cages in warmwater ponds. Bluegill and green sunfish were stocked in cages in ponds heated to 27 C by geothermal water. Fish in heated ponds did not spawn on artificial nests in cages. Fish were also brought into the laboratory for artificial spawning. There were 22 spawns yielding 47 ± 19% (mean ± SD) fertilization. The second objective was to develop methods for the refrigerated and frozen storage of sperm of bluegill Lepomis …

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Nursing As Social Responsibility: Implications For Democracy From The Life Perspective Of Lavinia Lloyd Dock (1858-1956), Soledad Mujica Smith Jan 2002

Nursing As Social Responsibility: Implications For Democracy From The Life Perspective Of Lavinia Lloyd Dock (1858-1956), Soledad Mujica Smith

LSU Doctoral Dissertations

This dissertation focuses on Lavinia Lloyd Dock's (1858-1956) re-envisioning of nursing and caring as social responsibility and the implications of this conceptualization for democracy. Dock was an American nurse, educator, settlement worker, suffragist, pacifist, social activist, writer, and historian. Her conception of holistic welfare embodied a 'new ideal' of society (Dock 1907, p. 899), a new understanding of democracy, and an expression of citizenship based on social responsibility for the welfare of others. Dock's idea of democracy embraced women's values and ways of being in the world; disputed universal, individual rights; and privileged communal values, collaboration, inclusion, and diversity. Moreover, …

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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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The Parallel Projection, As Flights Of Fancy, Mary Nixon Jan 2002

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.

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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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Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor Jan 2002

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 …

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The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii Jan 2002

The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii

Scholarly Works

A long-standing and virtually unchallenged doctrinal rule provides that a liability insurance carrier owes no duties in tort or contract to a third-party claimant who has been injured by its insured. As a matter of doctinal consistency and logic, the traditional rule makes some sense. The liability insurer has no contractual relationship with the claimant, and third-party beneficiary doctrine is not easily used to impose duties. Moreover, by stepping into the shoes of the insured tortfeasor to whom it owes a heightened duty of good faith, the insurer is in an adversarial relationship with the claimant that makes it difficult …

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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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