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2003

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Centuries Of Contract Common Law Can't Be All Wrong: Why The Uma's Exception To Mediation Confidentiality In Enforcement Proceedings Should Be Embraced And Broadened, Peter Robinson Jan 2003

Centuries Of Contract Common Law Can't Be All Wrong: Why The Uma's Exception To Mediation Confidentiality In Enforcement Proceedings Should Be Embraced And Broadened, Peter Robinson

Journal of Dispute Resolution

The National Conference of Commissioners on Uniform State Laws and House of Delegates of the American Bar Association recently approved the Uniform Mediation Act ("UMA") with an eye toward unifying the law of mediation confidentiality in the United States. Soon, numerous states and other organizations will consider modifying statutes, court rules, or professional standards to conform to the UMA. One of the important aspects of mediation confidentiality is how it applies when enforcing a mediated agreement.' In some jurisdictions, mediation confidentiality interferes with the application of contract law when enforcing a mediated agreement to produce absurd results. This article will …

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Uma And The Uncitral Model Rule: An Emerging Consensus On Mediation And Conciliation, The, Jernej Sekolec, Michael B. Getty Jan 2003

Uma And The Uncitral Model Rule: An Emerging Consensus On Mediation And Conciliation, The, Jernej Sekolec, Michael B. Getty

Journal of Dispute Resolution

In this article, we describe how these two efforts have come together to forge an international consensus on mediation and conciliation. In Part I, we look at how some of the different ways that domestic nationals treat the confidentiality of conciliation communications. The disparity of these treatments leads to considerable uncertainty among parties to a conciliation. In Part II, we note the essential features of the UNCITRAL Model Law, and how it addresses this uncertainty through model rules that will harmonize international standards among adopting nations, at least on core issues, while at the same time preserving the flexibility that …

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Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons Jan 2003

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Vanderbilt Law Review

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistle- blower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak. The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …

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Imsa 2003 Profile, Office Of College And Academic Counseling Jan 2003

Imsa 2003 Profile, Office Of College And Academic Counseling

IMSA Profile

No abstract provided.

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Presidential Power In Transitions, Jack M. Beermann Jan 2003

Presidential Power In Transitions, Jack M. Beermann

Faculty Scholarship

The transition between presidencies has long created controversies. Whether the issue is "midnight judges" or "midnight regulations," presidential action at the end of a term has long provoked scrutiny and criticism. Presidents have also raised eyebrows at the beginning of their terms when they assert their authority and try to undo what their predecessor in office left behind. More than one president has taken action aimed specifically at "midnight regulations," such as ordering a freeze on the issuance of new regulations, a review of regulations issued at the end of the prior administration and other similar action. This article looks …

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Indigenous Territoriality In Canadian Courts, Douglas C. Harris Jan 2003

Indigenous Territoriality In Canadian Courts, Douglas C. Harris

All Faculty Publications

Territoriality describes the communication or assignment of meaning to particular boundaries in order to assert control over a define space. It encompasses the strategies, used by those attempting to maintain control and those seeking to acquire it, to give meaning to the spatial boundaries that demarcate jurisdiction. This chapter explores the competing territorialities of the Canadian state and indigenous peoples in the context of litigation over Aboriginal rights to fish. Access to and management of the fisheries have been and continue to be one of the principal points of conflict between the state and indigenous peoples. The disputes frequently lead …

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Should It Take A Thief?: Rethinking The Admission Of Illegally Obtained Evidence In Civil Cases, David H. Taylor Jan 2003

Should It Take A Thief?: Rethinking The Admission Of Illegally Obtained Evidence In Civil Cases, David H. Taylor

Faculty Articles, Papers, and Other Scholarship

This article explores excluding evidence in civil cases. Part I introduces the article’s premise that civil courts should rethink the admission of illegally obtained evidence in civil cases. The article asserts that the present broad scope of civil discovery negates the need for illegally obtained evidence and society is less tolerant of the idea that illegally obtained evidence is necessary to expose a party’s wrongdoing. The article explores this premise through the lens of divorce cases. Part II examines the traditional doctrine behind admitting illegally obtained evidence and then discusses why this doctrine should be revisited. Part III provides three …

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Civil Claim Settlement Talks Involving Third Parties And Insurance Company Adjusters: When Should Lawyer Conduct Standards Apply?, Jeffrey A. Parness Jan 2003

Civil Claim Settlement Talks Involving Third Parties And Insurance Company Adjusters: When Should Lawyer Conduct Standards Apply?, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

Operating on behalf of insurance companies, adjusters have long facilitated settlements of civil claims. Adjusters work both before and during lawsuits to help resolve differences between the companies and company insureds, thus engaging in first-party adjusting. Adjusters also facilitate pre-lawsuit and post-lawsuit civil claim settlements between their companies and those harmed by company insureds. Such third-party adjusting and first-party adjusting are quite distinct. They raise different issues regarding the application of professional conduct or civil procedure standards governing lawyers to non-lawyer adjusters. Some important questions about applying lawyer standards to adjusters in third-party settings have been resolved, as in the …

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Enforcing Settlements In Federal Civil Actions, Jeffrey A. Parness, Matthew Walker Jan 2003

Enforcing Settlements In Federal Civil Actions, Jeffrey A. Parness, Matthew Walker

Faculty Articles, Papers, and Other Scholarship

Settlements of federal civil actions may, but need not, be subject to later judicial enforcement. As recognized by the U.S. Supreme Court in Kokkonen v. Guardian Life Insurance Co., one significant limitation on enforcement proceedings is subject matter jurisdiciton because federal district courts are courts of limited jurisdiction. Under Kokkonen, enforcement jurisdiction may be independent, but usually is ancillary because state law claims typically are involved where there is no diversity of citizenship. Ancillary enforcement powers may be exercised by district courts either where claims were initially presented for adjudication and disputes arising from later settlements are factually interdependent, or …

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Efficient Embedding Of Virtual Hypercubes In Irregular Wdm Optical Networks, Guru Prasad P. Kithlanagamangala Jan 2003

Efficient Embedding Of Virtual Hypercubes In Irregular Wdm Optical Networks, Guru Prasad P. Kithlanagamangala

LSU Master's Theses

This thesis addresses one of the important issues in designing future WDM optical networks. Such networks are expected to employ an all-optical control plane for dissemination of network state information. It has recently been suggested that an efficient control plane will require non-blocking communication infrastructure and routing techniques. However, the irregular nature of most WDM networks does not lend itself to efficient non-blocking communications. It has been recently shown that hypercubes offer some very efficient non-blocking solutions for, all-to-all broadcast operations, which would be very attractive for control plane implementation. Such results can be utilized by embedding virtual structures in …

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Ethics In Public Relations: Gauging Ethical Decision-Making Patterns Of Public Relations Practitioners, Paul Stuart Lieber Jan 2003

Ethics In Public Relations: Gauging Ethical Decision-Making Patterns Of Public Relations Practitioners, Paul Stuart Lieber

LSU Master's Theses

This study employed the Defining Issues Test (DIT) and a quantitative version of the five-factor TARES Test to gather data on the ethical decision-making patterns of public relations practitioners. The former is an instrument based on Kohlberg’s (1969) moral development theory, the latter self-enforced, ethical consideration statements derived from the research of Baker and Martinson (2001). Results show that levels of moral development in public relations differ based on job segment, and that age, education, gender and rank significantly affect levels of ethical consideration. The TARES test, it was discovered, is better suited for a three-factor configuration based on Day’s …

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The Effects Of Mutations And Viruses On Yield And Quality Of Sweetpotato, Ipomoea Batatas (L.) Lam, Heather Wallace Carroll Jan 2003

The Effects Of Mutations And Viruses On Yield And Quality Of Sweetpotato, Ipomoea Batatas (L.) Lam, Heather Wallace Carroll

LSU Master's Theses

Twelve virus-tested mericlones were derived from virus-infected 'Beauregard' clones to compare relative effects of viruses and mutations on yield and quality. Virus-tested refers to plants derived from meristem-tips that have been assayed three times with virus sensitive indicator plants Ipomoea aquatic and I. sestosa. The clones represent various selections from 10 production areas in Louisiana, two clones from the foundation seed program at Louisiana State University AgCenter Sweetpotato Research Station, and the industry standard virus-tested B-63 mericlone. Two yield plantings were made in the years 1998 and 1999. Overall, in three of four planting dates, virus-tested mericlones had significant yield …

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Media Ownership And Objectivity, Xinkun Wang Jan 2003

Media Ownership And Objectivity, Xinkun Wang

LSU Master's Theses

The purpose of this study is to examine whether the different type of ownership will affect the degree of objectivity of newspaper coverage of 2000 presidential election. It is predicted by Shoemaker’s news content theory that publicly-owned newspaper is more objective than privately-owned newspaper. The findings of this study support this theory. A content analysis of 238 news stories and eight editorials from publicly-owned the Boston Globe and privately-owned the Boston Herald showed that not only does the ownership affect the objectivity of the coverage of these two newspapers on 2000 presidential election, the endorsements also affect the degree of …

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Generalized D-Sequences And Their Applications To Cdma Systems, Radhika Vaddiraja Jan 2003

Generalized D-Sequences And Their Applications To Cdma Systems, Radhika Vaddiraja

LSU Master's Theses

Code Division Multiple Access (CDMA), a form of spread spectrum communications is used widely in cellular telephony. CDMA systems employ Walsh-Hadamard orthogonal codes, jointly with Pseudo-Noise (PN) sequences, Gold sequences and Kasami sequences to achieve spreading. This thesis investigates properties of generalized d-sequences and their applications as spreading sequences in CDMA systems. The correlation properties of these sequences are studied. The autocorrelation function of these sequences is not exactly two-valued but the cross correlation values are zero for certain class of these sequences. The zero cross correlation property can be useful in solving the near-far problem in CDMA communication systems, …

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Barriers When Implementing The Continuity-Of-Care Organizational Structure In Infant And Toddler Child Care Settings, Amber E. Aguillard Jan 2003

Barriers When Implementing The Continuity-Of-Care Organizational Structure In Infant And Toddler Child Care Settings, Amber E. Aguillard

LSU Master's Theses

The purpose of the study was to provide descriptive information about barriers that directors encounter when they attempt to implement the continuity-of-care organizational structure in child care centers. The study focused on four research issues: 1) child care directors’ definitions of continuity of care, 2) directors’ implementations of continuity of care, 3) if the directors’ practices violate their definitions what is the directors’ perceptions of the reason(s), and 4) if the directors’ practices violate their definition what is the reasons for the violations as perceived by an outside observer. The sample consisted of 4 child care directors who direct highquality, …

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Numerical Solution Of Ocular Fluid Dynamics, Satish Kumar Jan 2003

Numerical Solution Of Ocular Fluid Dynamics, Satish Kumar

LSU Master's Theses

Numerical calculations of the aqueous humor dynamics in the anterior chamber of both the rabbit and the human eye are presented to delineate the basic flow and transport mechanisms. The calculations are based on a geometrical model of the eye, which represents the Trabecular mesh (TM) as a multi-layered porous zone of specified pore sizes and void fraction. Buoyancy is observed to be the dominant driving mechanism for the convective motion in both orientations (horizontal and vertical) of the eye. Reducing the TM pore size does not appear to have a significant influence on the intra-ocular pressure (IOP) until the …

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A Diffusion Of Innovations Approach To Investigate The Brand Name Change Of A Higher Education Institution, Jacqueline Eiswirth Tisdell Jan 2003

A Diffusion Of Innovations Approach To Investigate The Brand Name Change Of A Higher Education Institution, Jacqueline Eiswirth Tisdell

LSU Master's Theses

Understanding the communication concepts behind promoting a brand name is essential to the successful adoption of that innovation. This research links diffusion of innovations theory, branding, and public relations by exploring the name change of a higher education institution. Extensive work has been done in the areas of branding and diffusion of innovations theory. However, this study links the two. The adoption of the University of Louisiana at Lafayette new name by its alumni was studied by analyzing the public relations campaign post-name change and by gathering background information on previous diffusion of innovations research and the importance of brand …

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The Evaluation Of A Family Literacy Program, Katrina Denise Hopkins Jan 2003

The Evaluation Of A Family Literacy Program, Katrina Denise Hopkins

LSU Master's Theses

Based on the literacy need in the state of Louisiana, this project was interested in whether the Ready to Learn: Between the Lions literacy workshop could equip parents to enhance and develop their child’s literacy skills and to enhance family literacy interactions. The purpose of this research was to evaluate the effectiveness and usefulness of a Ready to Learn literacy workshop in two Baton Rouge Head Start preschool centers, Banks and Southern University. Participants attended workshops once a month from January to April, lasting approximately 30 minutes each. The workshop was evaluated using a pretest/posttest instrument consisting of seven likert-type …

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Heavy Smokers Choose Large, Immediate Rewards With Large Penalties On A Simulated Task Of Gambling, Michael Shawn Businelle Jan 2003

Heavy Smokers Choose Large, Immediate Rewards With Large Penalties On A Simulated Task Of Gambling, Michael Shawn Businelle

LSU Master's Theses

The Gambling Task is a complex neuropsychological test (in the form of a card game) that examines the ability of individuals to assess potential immediate gains over long-term losses. Gambling Task performance has been examined in previous studies with individuals who are dependent on alcohol, cocaine, heroin, and amphetamine. These studies have shown that those who are dependent on the aforementioned substances perform more poorly on the Gambling Task than controls. Specifically, in relation to controls, drug/alcohol dependent individuals show impairment by tending to pick more cards that have large immediate gains and very large delayed punishers. The delayed punisher …

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Development Of A Performance-Based Design Approach And Related Loads For Facilities Designated As Essential During A Hurricane Event, Joffrey Elliott Easley Jan 2003

Development Of A Performance-Based Design Approach And Related Loads For Facilities Designated As Essential During A Hurricane Event, Joffrey Elliott Easley

LSU Master's Theses

Historically, shelters and other facilities designated as "essential" during hurricanes have experienced unacceptable damage during recent hurricanes, exposing the occupants to uncomfortable and dangerous conditions. One of the reasons for this is the lack of standards or design guidelines addressing the special considerations required for such facilities. A new approach to the design of essential facilities in hurricane regions is proposed. The goal of this work is to create a tool for improving the safety and serviceability of evacuation shelters and other critical facilities utilized during hurricane events. This is achieved by developing a new philosophy based on selection of …

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Strange Fire, Sharon Nelson Jan 2003

Strange Fire, Sharon Nelson

LSU Master's Theses

In the aftermath of a worldwide war, the planet Xica is split into small pockets of humanoid civilization. One pocket is a divided abandoned military compound. Beyond the wall is the Outer Rim where people are free yet violence is rampant. Within the wall is the state of Sheol whose inhabitants are drugged and have few choices. Sheol’s ruler, Jared, conducts an experiment where children are raised without physical contact in the Complex at the center of the city. One boy, Zahid, escapes from the Complex and meets other children; Nick in Sheol and Alexandra in the Outer Rim. Together, …

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Delta Memories And Delta Days: Facets Of Ladies' Lives As Revealed To A Southern Daughter, Susan E. Probasco Jan 2003

Delta Memories And Delta Days: Facets Of Ladies' Lives As Revealed To A Southern Daughter, Susan E. Probasco

LSU Master's Theses

The Arkansas Delta is a land considered by many to be devoid of beauty and richness of life. However, to a daughter who was the youngest child of the youngest child of a youngest child that was born in the Delta, the region is beautiful, enhanced by the observations of the lives of the women she observed there. An ethnography of the everyday lives of white, middle-class southern women in a small Arkansas Delta town seeks to communicate some of the richness and beauty of their lives, as well as other aspects of culture illustrative of southern culture in general, …

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The Relationship Between Family Daily Hassles And Family Coping And Managing Strategies, Olena Nesteruk Jan 2003

The Relationship Between Family Daily Hassles And Family Coping And Managing Strategies, Olena Nesteruk

LSU Master's Theses

The primary focus of the study was to examine the relationship between family daily hassles and family coping and managing strategies. Additionally, the three dimensions of daily hassles, time and energy involvement, positive influence, and negative influence, were investigated. Data were collected from 290 families with school-age children. Mothers and fathers completed a self-administered survey on family daily hassles and family coping and managing strategies. The final sample consisted of 255 mothers (51% African American) and 128 fathers (62% White) of families with first and third grade children from a mid-sized, southern city. The findings of the study indicate that …

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Glacial Deposits, Vol. 31, 2002-2003, Department Of Geography-Geology Jan 2003

Glacial Deposits, Vol. 31, 2002-2003, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

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Evaluation Of Static Low Density Media Filters For Use In Domestic Wastewater Treatment, Cynthia Wagener Jan 2003

Evaluation Of Static Low Density Media Filters For Use In Domestic Wastewater Treatment, Cynthia Wagener

LSU Master's Theses

Static Low Density Media (SLDM) filters are submerged granular medium filters that contain a static matrix of floating media. These filters provide concurrent biological and physical treatment, and are therefore classified as bioclarifiers. Through different design and operation strategies, SLDM filters may be used for a variety of functions such as: solid-liquid separation alone, organic conversion and solids capture, nitrification and solids capture, and denitrification and solids capture. For operation as an aerobic unit, an external aeration strategy was developed to preserve the static nature of the bed. In this study, SLDM filters treated a highly variable flow domestic wastewater …

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The Effect Of High Frequency Amplification On Subjective And Objective Benefit With Digital Hearing Instruments, Erica Lynn Fleck Jan 2003

The Effect Of High Frequency Amplification On Subjective And Objective Benefit With Digital Hearing Instruments, Erica Lynn Fleck

LSU Master's Theses

The purpose of the present study was to determine whether amplifying beyond 3 kHz was beneficial to the user, whether the benefit was dependent on degree of loss, and whether subjective data reflected the benefit. Seventeen hearing impaired subjects were binaurally fitted with digital hearing instruments. Qualified subjects were divided into two groups, A and B. Group A had a pure tone average (3,4, and 6 kHz), of 55 dBHL or better. Group B had a pure tone average (3,4, and 6 kHz) greater than 55 dBHL but not exceeding 75 dBHL. Each subject was fit with two conditions (upward …

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Drawing Of The Mind, Buddy Harper Jan 2003

Drawing Of The Mind, Buddy Harper

LSU Master's Theses

The rules of drawing I have described are an outline to my method of working. It is to be used like the rules of a game. The thesis paper provides the viewer the basic parameters for looking at my work. The body of work is produced like two people playing a game of chess. I establish the rules and then I develop the work in an investigative manner.

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Dialogic Dogs And Phatic Felines: Speaking To And Through Our Pets, Nicole M. Dufour Jan 2003

Dialogic Dogs And Phatic Felines: Speaking To And Through Our Pets, Nicole M. Dufour

LSU Master's Theses

While many pet owners acknowledge that they speak to their pet, Pet Communication has remained mostly overlooked by researchers. Through discourse analysis, this thesis is an attempt to analyze Pet Communication, which deals with human speech to a pet, about a pet, or through a pet. I analyze data which I transcribed in the waiting room of the Louisiana State University School of Veterinary Medicine Small Animal Clinic. Data were collected from conversations that took place between pet owners, between pet owners and the Clinic's staff, pet owners and their pets, and between staff and pets. These data were then …

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Sensory Characteristics Of Flavored Milk Candies, Noemi Raquel Pavon Jan 2003

Sensory Characteristics Of Flavored Milk Candies, Noemi Raquel Pavon

LSU Master's Theses

A natural milk candy, composed mainly of milk powder, has not been commercially sold in the U. S. market. The milk candy we developed contains calcium and other essential nutrients, which make it a potential food supplement for adults and children. This thesis research was designed to characterize sensory properties of flavored milk candies and to determine the consumer sensory profile driving product acceptance and purchase intent. A descriptive trained panel (n=12) developed a lexicon and evaluated 3 milk candies (plain, chocolate, and coffee) in triplicate using a 15-cm line scale. 335 adult consumers evaluated acceptability of appearance, size/shape, texture, …

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Evaluation Of Repeated Removal Of Mammalian Predators On Waterfowl Nest Success And Density, Kristen Dawn Chodachek Jan 2003

Evaluation Of Repeated Removal Of Mammalian Predators On Waterfowl Nest Success And Density, Kristen Dawn Chodachek

LSU Master's Theses

Low levels of nest success in the prairie pothole region are mainly attributed to changes in predator community and abundance. Removal of predators from large sites (≥ 4144 ha) has been an effective strategy for increasing nest success; however, trapping small sites (< 301 ha) is considered ineffective. I examined the effects of removing predators from 10, 259 ha sites in northeastern North Dakota during 2001-2002. Overall nest success for both years was greater on trapped sites (53.4%) than non-trapped sites (28.7%). Furthermore, daily survival rate was greater on removal sites, and was positively correlated with total predators removed. Differences in nest density were apparent between treatments with an increased nest density on trapped sites, however year had no effect. Pair densities did not differ between treatments, but a 2-fold increase for both trapped and non-trapped sites was found in spring 2002. Cost to produce one fledged duckling, combining all species ranged from $16-20. Overall, the results of this study indicate that repeated removal of predators on small sites is an effective strategy for increasing waterfowl production; however, feasibility will ultimately depend on the user group, budget limitations, landowner objectives, and public acceptance.

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