Digital Commons Network^™

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.

Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin

Journal of Dispute Resolution

The two mediations in the book Damages, illuminate much about mediation in today's litigation environment - even though they took place in 1993 and each was, in its own way, quite unusual. for that reason - and because we have few good detailed descriptions of real mediations - I have used these two mediations to teach in a variety of settings. First, they served as one of several focuses in the course based on this book, called Damages: A Case Study, that we taught at the University of Missouri-Columbia, School of Law in the winter 2002 and 2003 semesters. In …

Relations Between Lawyer And Client In Damages: Model, Typical, Or Dysfunctional, Rodney J. Uphoff

Journal of Dispute Resolution

This essay begins, therefore, by briefly examining the question of what constitutes good lawyering. The essay acknowledges the difficulty of defining precisely what is good lawyering. In fact, scholar, judges, and lawyers often disagree markedly when they characterize lawyer behavior using the term. Not surprising, then, even though academic commentators routinely trumpet the importance of establishing a meaningful attorney-client relationship as an important aspect of good lawyering, not all in the legal profession embrace that view.

Experiences Of Collaborative Law: Preliminary Results From The Collaborative Lawyering Research Project, Julie Macfarlane

Journal of Dispute Resolution

For more than two decades, some of the most respected scholars in the field of dispute resolution have questioned the apparently intrinsic bias of litigation against cooperative, problem-solving outcomes for clients. The continuing discussion focuses on the increasingly adversarial and "uncivil" character of much civil litigation, especially commercial litigation;' the abuse of discovery practices to extend and escalate conflict and costs; the pressure to compete rather than to cooperate when facing the uncertainty of the other side's next move (the classic prisoner's dilemma described by Mnookin and Gilson); an observed tendency towards a reduction of counseling and "deliberative wisdom" provided …

Assessing Mediator Performance: The Usefulness Of Participant Questionnaires, Roselle L. Wissler, Robert W. Rack Jr.

Journal of Dispute Resolution

As part of their obligation to provide quality services, courts that offer mediation need to periodically assess the performance of mediators to whom they refer cases. One of several methods that have been proposed for monitoring mediator quality is participant assessments of mediator performance. The present article reports an empirical study that examined attorneys' assessments of the skillfulness of mediators in a federal appellate civil medations program. The attorneys rated some of the mediators as being more skillful than others, and these differences generally remained whether or not favorable outcomes were achieved in mediation. In addition, the attorneys rated individual …

To Be Announced: Silence From The United States Supreme Court And Disagreement Among Lower Courts Suggest An Uncertain Future For Class-Wide Arbitration - Green Tree Fin. Corp. V. Bazzle, Jonathan R. Bunch

Journal of Dispute Resolution

With growth in the area of arbitration agreements relating to employment, credit cards, loans, and other form agreements, the issue of class-wide arbitration has become an area of significant judicial activity. However, increased judicial activity has not resulted in increased clarity; to the dismay of those parties seeking to pursue or avoid class-wide arbitration, the law on this issue has become unpredictable from jurisdiction to jurisdiction. The United States Supreme Court has expressed the importance of the class-action as a valuable device for vindicating plaintiffs' rights. Additionally, the Supreme Court has recognized arbitration as a valuable form of dispute resolution. …

Running Head: Trademark Law And Keyword Advertising, Elizabeth Warner

Theses

The growth of the Internet as a commercial medium has brought about new concerns in terms of the future of intellectual property law. The newest form of advertising, keyword advertising, has created much controversy within the legal system. In the latest case, Google, Inc. v. American Wallpaper and Blind Factory, Google has requested that courts make a decision as to what constitutes infringement in terms of the sale of keywords for advertising on the Internet. The case is still in pending process. Through an economic analysis of trademarks and advertising on the Internet, this paper seeks to demonstrate that the …

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law deciding the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as "demonstrative evidence," that category of evidence that purports to illustrate other evidence rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional …

Forcible Medication For Courtroom Competence: The Case Of Charles Sell, George J. Annas

Faculty Scholarship

The right to refuse treatment is firmly recognized in U.S. law. Competent persons have the legal right to refuse treatment, even life-sustaining treatment, and incompetent patients can also refuse treatment through an advance directive, by naming a health care agent to make decisions for them or by having a person who knows their wishes express them.

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as “demonstrative evidence,” evidence that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live …

Trademarks And Consumer Search Costs On The Internet, Stacey Dogan, Mark A. Lemley

Faculty Scholarship

In theory, trademarks serve as information tools, by conveying product information through convenient, identifiable symbols. In practice, however, trademarks have increasingly been used to obstruct the flow of information about competing products and services. In the online context, in particular, some courts have recently allowed trademark holders to block uses of their marks that would never have raised an eyebrow in a brick-and-mortar setting - uses that increase, rather than diminish, the flow of truthful, relevant information to consumers. These courts have stretched trademark doctrine on more than one dimension, both by expanding the concept of actionable "confusion" and by …

The Changing World Of Employee Benefits, Maria O'Brien

Faculty Scholarship

When I graduated from law school in 1985, there were no courses offered in employee benefits law. Nor, as near as I can recall, was ERISA ever discussed in any of the labor and employment classes I took. There was no mention in the introductory labor law course or in other classes about employment discrimination, union organizing, and employment arbitration. Now, in contrast, many law schools include a course on employee benefits and ERISA, and students hoping to work in the labor and employment area frequently find that ERISA work is plentiful, and traditional NLRA work is not. This, of …

Measures Necessary To Ensure: The Icj's Provisional Measures Order In Avena And Other Mexican Nationals, Robert D. Sloane

Faculty Scholarship

This article analyzes the provisional measures order of the International Court of Justice (ICJ) in Avena and Other Mexican Nationals, the first provisional measures order issued by the ICJ after its decision in LaGrand holding that such orders have binding effect. After reviewing the background to Mexico's action, the article focuses on Avena's place in the Court's provisional measures jurisprudence, its international legal significance, its potential effects, if any, on the ICJ's perceived institutional legitimacy and authority, and its legal and political consequences for the United States. In particular, the article examines the domestic legal implications of the Court's order …

The Scale Of Pottery Manufacture During The Old Kingdom, Sarah L. Sterling

Anthropology Faculty Publications and Presentations

The existence of specialized craftsmen — including stonemasons, coppersmiths, carpenters, jewelers and potters — in ancient Egypt arises in part from the general industries spawned from the elaborate monumental constructions that characterize the Old Kingdom (ca. 2600-2100 BCE). Pottery vessels in particular are one of the most abundant kinds of artifacts known from ancient Egypt, with functions ranging from formal presentation to baking bread, to grains and olive oil storage. While not all pottery is associated with monumental architecture, the emergence of specialized or semi-specialized potters is likely due to the same socioeconomic factors that gave rise to such famous …

Arrive, Explore, Reflect: The Development And Evaluation Of A Web-Based Program To Introduce High School Students To Landscape Architecture, Courtney Bailey

LSU Master's Theses

The profession of landscape architecture has struggled with public perception since the mid-nineteenth century. Community programs, coloring books, and educational toolkits are just some of the methods employed in the profession's attempt to improve public perception. Very little research has been conducted to test the efficiency of these educational attempts. The goal of this thesis is to create a Web-based program to effectively educate young members of the public. The program uses five "mini lessons" to present information about landscape architecture to the student. Links to the World Wide Web are scattered throughout the program to supplement lesson material. A …

180 Degrees: An Extension Of Self In Photography, Bradly Dever Treadaway

LSU Master's Theses

180 Degrees is a conceptual body of digital photography and video that deals with self-portraiture, identity and change. Intended to serve as a form of therapy, the work analyzes who I have become over the last couple of years by illustrating issues of compulsion, obsession and insecurity. The investigation confronts unexpected and unsettling attributes of my character. Some of it is a little uncomfortable for me to reveal but if nothing else it is the truth.

The Atchafalaya Basin Proposal For Nomination To The World Heritage Site List, Mitchell W. Coffman

LSU Master's Theses

The Atchafalaya Basin in the Southern United States is a cultural, environmental, historical and natural land region of such universal importance, designation as a World Heritage Site is appropriate. This thesis provides a justification for this designation through compliance with cultural and natural criteria detailed in the Convention Concerning the Protection of the World Cultural and Natural Heritage of 1972. The treaty, also known as the World Heritage Convention (WHC) promotes natural and cultural landscape preservation on an international level. This thesis lists the cultural and natural arguments for nominating the Atchafalaya Basin to the World Heritage Site list.

National, …

Structural Levels Of Mental Illness Stigma And Discrimination, Patrick W. Corrigan, Fred E. Markowitz, Amy Watson

Faculty Articles, Papers, and Other Scholarship

Most of the models that currently describe processes related to mental illness stigma are based on individual-level psychological paradigms. In this article, using a sociological paradigm, we apply the concepts of structural discrimination to broaden our understanding of stigmatizing processes directed at people with mental illness. Structural, or institutional, discrimination includes the policies of private and governmental institutions that intentionally restrict the opportunities of people with mental illness. It also includes major institutions' policies that are not intended to discriminate but whose consequences nevertheless hinder the options of people with mental illness. After more fully defining intentional and unintentional forms …

From Guerrilla Theater To Media Warfare Abbie Hoffman's Riotous Revolution In America: A Myth, Bruce Eric France, Jr.

LSU Master's Theses

The following thesis is a discussion of the radical activist Abbie Hoffman's theatrical work to revolutionize the United States. What the author does is explain the historical uniqueness of Hoffman's theatrical techniques as tools for social change. What made Abbie Hoffman such a unique character from that already bizarre and devastating time in the United States known as The Sixties was his ability to infuse pot with politics, fun with social activism and cultural change with his contemporary means of communication. He was able to excite and activate a whole generation of people who would otherwise drop out of society …

Nature Is To Nurture: A Post Occupancy Evaluation Of The St. Michael Health Care Center, Texarkana, Tx, Leigh Lafargue

LSU Master's Theses

This thesis explores therapeutic garden design and its role in landscape architecture. It also conducts a post occupancy evaluation (POE) for an existing therapeutic landscape. The St. Michael Health Care Center campus, Texarkana, Texas, is a Sisters of Charity institution and was designed and built in 1994 as a healing environment for patients, staff, and visitors. In this thesis, A POE was conducted to determine (1) user-perceptions and utilization of the campus, (2) whether the campus reduces stress and fosters restoration, and (3) any barriers or constraints to use of the campus. Results from visual analysis, behavioral observations, and survey …

Address Optimizations For Embedded Processors, Sai Pinnepalli

LSU Doctoral Dissertations

Embedded processors that are common in electronic devices perform a limited set of tasks compared to general-purpose processor systems. They have limited resources which have to be efficiently used. Optimal utilization of program memory needs a reduction in code size which can be achieved by eliminating unnecessary address computations i.e., generate optimal offset assignment that utilizes built-in addressing modes. Single offset assignment (SOA) solutions, used for processors with one address register; start with the access sequence of variables to determine the optimal assignment. This research uses the basic block to commutatively transform statements to alter the access sequence. Edges in …

Irlafarc! A Survey On The Language Of Legal Writing, Terrill Pollman

Scholarly Works

Language, like law, is a living thing. It grows and changes. It both reflects and shapes the communities that use it. The language of the community of legal writing professors demonstrates this process. Legal writing professors, who stand at the heart of an emerging discipline in the legal academy, are creating new terms, or neologisms, as they struggle to articulate principles of legal analysis, organizational paradigms conventional to legal writing, and other legal writing concepts. This new vocabulary can be both beneficial and detrimental. It can be beneficial because it expands the substance of an emerging discipline. It also can …

The Diagnosis Of Dementia In Persons With Mental Retardation: Validating Methods Of Assessment, Joanne Bielecki

LSU Doctoral Dissertations

The usual assessment instruments for the diagnosis of dementia are often difficult to use among individuals with mental retardation. This study investigates whether a modified method based on Visser et al. (1997) can identify a dementing process. Ninety individuals diagnosed with severe and profound mental retardation were studied. One half of the participants were diagnosed with Down's syndrome. The participants were equally assigned to one of three groups based on perceived risk of dementia. A differential prevalence design was used. Both cross sectional and longitudinal analyses were utilized in this study. Results indicate that the Visser et al. (1997) method …

Is The Ecomap A Valid And Reliable Social Work Tool To Measure Social Support?, Alexandra R. Calix

LSU Master's Theses

The ecomap, developed in 1975, is a tool used in social work practice to measure social support (Hartman, 1995). Although the ecomap is widely utilized, due in part to its ease of administration, it has not been validated in the literature as a reliable and valid tool in the measure of social support. This study aims to quantify the ecomap, explore its psychometric soundness, and begin the process of validation using two empirically validated social support measurement tools, the Multidimensional Scale of Perceived Social Support (MSPSS) (Zimet, Dahlem, Zimet, & Farley, 1988) and the Young Adult Social Support Inventory (YA-SSI) …

A Historical Perspective Of Governor Mike Foster's "Live Mike" Radio Program, Wayne Wynn,Iii Williams

LSU Master's Theses

Louisiana Governor Mike Foster took to the airwaves on August 10, 2000 with the launch of “Live Mike,” his weekly radio program that would air for 41 weeks during Foster’s second term. Foster, a Republican, served as Governor of Louisiana from January 1996 until January 2004. This study historically chronicles Governor Mike Foster’s weekly radio program, “Live Mike” during and prior to its four years on the air. This historical narrative illustrates how Foster intermingled radio, politics and his personal life to create a weekly radio program that he attempted to use during his second term to relay his message …

Pulse, Janet L.U. Rudawsky

LSU Master's Theses

This video is an abstract audiovisual narrative. It relies heavily on its lush compositions to seduce the viewer. “Pulse” depicts humanity not as the strong rational rulers of the earth but instead as a tormented figure that struggles to find security in an uncertain world. The three characters, Blood, Lava, and Electricity, represent the human animal, the natural world, and civilization respectively. Blood struggles against both Lava and Electricity in their rivalry for control. The plot shows humanity developing a relationship with civilization, all the while being harassed by unpredictable nature. Civilization at first is a path to security. As …

Effective Literacy Instruction In The Elementary Grades, Marie Laurent Bergeron

LSU Doctoral Dissertations

The purpose of this study was to identify elements present in effective literacy instruction, i.e., those elements that fostered reading, speaking, listening, thinking, writing, and metacognitive skills. By examining variables that promoted literacy acquisition and achievement, a detailed account resulted which described classroom practice as related to teacher beliefs, strategies, materials, and classroom climate. The primary method of qualitative analysis used for this study was the Developmental Research Sequence (DRS) Method (Spradley, 1980). Two classrooms with exemplary teachers were studied extensively. Data collection involved the use of primary sources (interviews, observations, and student and teacher work) and secondary sources (records, …

A Qualitative Exploration Of Students' Experiences With Tutorial Learning, Angela Alexander

LSU Doctoral Dissertations

The purpose of this study is to explore how students perceive their tutorial learning experiences at the collegiate level in a campus-based center and to explore the personality preferences of the students who participate in tutoring, according to the Myers-Briggs Type Indicator (MBTI). The study is designed to address tutoring from the perspective of the tutee’s experiences and to allow them to tell their story of how tutoring impacted their academic experience. The following research questions guide this study: 1. What are students’ perceptions of their tutorial learning experiences? 2. Are students’ perceptions of their tutorial learning experiences related to …

Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse

Scholarly Works

Adding to the impressive body of work that has made her a leading voice in the fields of both alternative dispute resolution and professional responsibility, Carrie Menkel-Meadow's Saltman Lecture connects the theoretical exploration currently occurring on two parallel tracks: (1) theories of justice that investigate the ideal of a deliberative democracy; and (2) theories of alternative dispute resolution arising from its reflective practice. As she notes, theorists on both tracks are grappling with similar questions about the processes or conditions that will best bring together parties with widely divergent viewpoints to engage in consensus-building dialogue around contested issues.

However, while …

Integrating A Technology-Enriched Curriculum: Ethno-Case Study, Juliette D. Angers

LSU Doctoral Dissertations

The purpose of this qualitative study was to provide an examination of beliefs, context factors, and practices of exemplary teachers that lead to a technology-enriched curriculum. Three middle school teachers participated. Using both direct and participant observation the Spradley model was followed with three rounds of observations: (1) descriptive, (2) focused, and (3) selective. Interviews were conducted with open-ended questions and documents were collected from the parish website. This research provides: (1) up-to-date information on what and how educational technology is used today; and (2) information which gives other educators an understanding of what beliefs and context factors influence teachers …