Digital Commons Network^™

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 …

Can Consumer-Choice Plans Satisfy Patients? Problems With Theory And Practice In Health Insurance Contracts, Wendy K. Mariner

Faculty Scholarship

Much scholarship has considered whether health care - and insurance - should be distributed by voluntary contract or subject to government standards or regulation. Contracts will likely play a key distributive role in any future health care system. Yet we do not fully understand where private contracting does and does not work to further the goals of equitable access to affordable care. This article examines the role of health insurance policies in defining and enforcing access to medical care, focusing on private employment-based group health benefit plans. It describes models of consumer choice health plans and critiques their capacity for …

Negotiating Gender And (Free And Equal) Citizenship: The Place Of Associations, Linda C. Mcclain

Faculty Scholarship

This article focuses on the place of associations within John Rawls's political liberalism and in feminist liberalism. It revisits crucial components of political liberalism in light of feminist criticisms, such as those of Susan Moller Okin and Martha Nussbaum, that political liberalism's protection of associational life hinders women's free and equal citizenship. Offering a different reading of Rawls, it finds greater potential to draw on political liberalism to support such citizenship. It then brings liberal feminist ideas about the place of associations into dialogue with recent feminist work on gender, rights, and culture calling for models of rights within culture …

The Social Insurance Crisis And The Problem Of Collective Saving: A Commentary On Shaviro's Reckless Disregard, David I. Walker

Faculty Scholarship

Long-range Social Security and Medicare spending projections vastly exceed projected program revenues. If left unchecked, the resulting fiscal imbalance (estimated at $40 to $70 trillion in present value terms) would fall primarily on future generations. To avoid generational inequity, and perhaps fiscal meltdown, Professor Daniel N. Shaviro and others propose immediate fiscal austerity. This reply Commentary argues that near-term austerity is unlikely to play a significant role in overcoming the fiscal imbalance, which can be thought of as a balloon payment due mid-twenty-first century. Significant near-term fiscal austerity would eliminate the public debt and replace it with a public surplus. …

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 Legally Queer Child, Bruce Macdougall

All Faculty Publications

This article explores the various presumptions and arguments of Canadian courts in largely denying queer children a legal presence. An analysis of the intersection of homosexuality and children is explored with a view to arguing that legally, queer children deserve a voice. The author begins by outlining the development of the legal conceptualization of the "child". This conceptualization led to the notion of the child as innocent, and thus in need of protection. In comparison, homosexuals came to be characterized as "aberrant" and "predatory". Protecting children from homosexuals then became a simple step of logic, which ultimately led to the …

Strengthening Domestic Corporate Activity In Global Capital Markets: A Canadian Perspective On South Africa's Corporate Governance, Janis P. Sarra

All Faculty Publications

As a Canadian corporate law scholar who recently had the opportunity to visit South Africa, I was humbled by both the profound challenges and the immutable positive spirit of the South African people when it comes to thinking about their economic and social future. Hence while this paper is a reflective discussion on the kinds of challenges that exist and the strategies that could be deployed to enhance corporate governance in South Africa, it must be emphasized at the outset that it is for Sub-Saharan African nations to develop their own governance models. They are best positioned to adopt strategies …

Can Congress Use Its War Powers To Protect Military Employees From State Sovereign Immunity?, Jeffrey M. Hirsch

Faculty Publications

No abstract provided.

The Debtor-Patient: In Search Of Non-Debt Alternatives, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall

Faculty Publications

No abstract provided.

The Empty Promise Of Compassionate Conservatism: A Reply To Judge Wilkinson, William P. Marshall

Faculty Publications

No abstract provided.

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 …

Aquifer Denitrification : Correlation Of ¹⁵N Isotopic Enrichment And First-Order Rate Constants, Ryan Klapperich

Undergraduate Theses and Senior Projects

Denitrification is the process by which potentially dangerous nitrate is biogeochemically reduced into harmless nitrogen gas. This process is mediated by bacteria in the presence of suitable electron donors, such as organic carbon, sulfide, and ferrous iron. Due to its potential utility in the remediation of contaminated environments, the process of denitrification has received considerable attention. However, a relationship between the rate constant of the reaction and isotopic enrichment of 15N, which occurs as a direct result of the chemical reaction, has received little consideration. A strong correlation between these two factors could lead to a technique to estimate denitrification …

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 …

Affirmative Action After Grutter And Gratz, Mark W. Cordes

Faculty Articles, Papers, and Other Scholarship

This article will examine the state of race-conscious admissions program at institutions of higher education after Grutter and Gratz. Part one first briefly reviews the Court's affirmative action jurisprudence prior to Grutter and Gratz, examining the Bakke decision, the Supreme Court affirmative action decisions between Bakke and Grutter, and the recent split in lower court decisions on the continuing viability of race-conscious admissions. Part two will then examine the Grutter and Gratz decisions themselves. Part three will then discuss the big picture of race-conscious admissions programs. Section A will analyze the general parameters established in Grutter and Gratz in terms …

Commitment To Displaying Positive Emotions At Work: An Examination Of Individual And Situational Antecedents, Meredith H. Croyle

LSU Master's Theses

Studies show that employee emotional displays impact customer behaviors and attitudes (Grandey, Fisk, Mattila, & Sideman, 2002; Pugh, 2001; Tsai, 2001). However, the factors influencing employees' emotional displays have not received much attention. More specifically, research suggests a need to more fully understand the motivational processes underlying employees' emotional displays, particularly in customer service where positive emotional displays are related to customer behaviors and sales performance (Brown & Sulzer-Azaroff, 1994; Diefendorff & Gosserand, in press; Grandey, Fisk, Matilla, & Sideman, 2002; Pugh, 2001; Tsai, 2001). To this end, this investigation examined an expectancy theory model of commitment to positive emotional …

Assessing The Identity Of Black Indians In Louisiana: A Quantitative And Qualitative Analysis, Francis J. Powell

LSU Doctoral Dissertations

This study shows the existence of Black Indians in Louisiana and investigates whether differences exist between Black Indians who are members of officially recognized tribes and those who do not have any type of recognition. The study examined if a relationship exist between tribal recognition and ethnic identity, subjective well-being, and social support. A cross-sectional survey design was used. Semi-structured interviews were conducted to obtain qualitative data. The sample consisted of 60 participants. 30 were from recognized tribal groups and 30 were from non-recognized tribal communities. The study specifically examined variables related to the perceptions of Black Indians in Louisiana …

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 …

Design Exploration: Totem As Alternative For Efficient And Socially Responsive Burial, Mark Evan Bazzell

LSU Master's Theses

American cities are facing unprecedented development pressures. Urban populations in particular are increasing and diversifying, land as a resource is becoming more valuable, and designers/developers are challenged to creatively maximize space for all land uses. As urban populations grow, space for burial of the dead may become limited thereby prompting communities to consider alternatives to traditional burial. The increase in numbers of cremation already points to this trend. In addition to the spatial limitation issues there also exist issues of social and cultural limitation. Ethnic diversity is rapidly increasing and within each group one finds different traditions and needs regarding …

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 …

Middlegate Japanese Gardens: Preservation, Private Property And Public Memory, Margaret Anne Legett

LSU Master's Theses

The purpose of thesis is to provide a preliminary history of Middlegate Japanese Gardens and to make public their significance as an example of the landscape architecture that was typical during the Country Place Era, and their significance within the community of Pass Christian and the City of New Orleans. As it now stands the story of Middlegate Japanese Gardens is not known in its own neighborhood. Between 1923 and 1929 New Orleans residents Rudolf Hecht and Lynne Watkins Hecht developed Middlegate Japanese Gardens at their summer home in Pass Christian, Mississippi. The Hecht’s built Middlegate Japanese gardens to perpetuate …

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, …

American Midwifery Litigation And State Legislative Preferences For Physician-Controlled Childbirth, Stacey A. Tovino

Scholarly Works

From the colonial period to the Great Depression, lay midwives attended a large proportion of deliveries that occurred in the United States. As late as 1900, midwife-attended home births accounted for approximately one-half of all births in the United States. By 1950, however, physicians attended more than eighty percent of all deliveries in the hospital setting. Historians have analyzed and interpreted birth statistics, medical textbooks, medical school curricula, minutes of medical society meetings, public health reports, articles in medical journals and popular magazines, letters from laboring mothers, diaries of midwives, legislative committee reports, and state legislation to identify issues of …

An Analysis Of Cardiovascular And Respiratory Mortality As A Function Of Ambient Ozone And Fine Particulate Matter In The Baton Rouge Air Quality Control Region, Thomas James Wiley Iv

LSU Master's Theses

The Baton Rouge Air Quality Control Region has come under fire due to difficulties in reaching attainment of one-hour daily ozone limitations and its general perception as being a polluted place to live. Ozone is a reactive oxygen species which has been shown to result in damage to biological molecules and is detrimental to human physiology, especially in regards to cardio-respiratory structure and function. In the last decade, fine particulate matter less than 2.5 microns in mean aerodynamic diameter have been identified as a possible pollutant that is affecting public health at levels lower than the EPA’s established limits. PM2.5 …