Digital Commons Network^™

What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger

Scholarly Works

This article argues that better understanding of metaphor's cognitive role can help lawyers shape judicial decision-making. As a way of exploring metaphor's contribution to shaping the law, the article focuses on how a particular lawsuit was influenced by metaphor, in particular, by the primary metaphor that a corporation is a person within the more complex metaphorical system suggested by the marketplace of ideas model for First Amendment protection. After describing the cognitive theory of metaphor and examining the metaphors underlying First Amendment protection for corporate speech, the article analyzes the use of metaphor in the briefs filed in the U.S. …

Bioethics? The Law And Biomedical Advance, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Properties Of Borate-Treated Strandboard Bonded With Pmdi Resin, Yiqiang Zhou

LSU Master's Theses

Random strandboards from mixed southern wood species were manufactured using calcium borate (CB) and zinc borate (ZB) as chemical additives and polymeric methylene diphenylmethane disocyanate (pMDI) as resin. There were four target levels of borate loading and two levels of resin content. Panel properties, including modulus of elasticity (MOE), modulus of rupture (MOR), internal bond (IB) strength, linear expansion (LE), thickness swelling (TS), leachability, and swelling and strength retention properties under cyclic relative humidity, were measured. The influence of borate content, borate type, and resin content on various properties was analyzed. It was found that the addition of borate negatively …

Difference In Sleep Disturbances Among Severely And Profoundly Retarded Adults With High Risk Behaviors, Carrie Jo Malone

LSU Master's Theses

Individuals with intellectual disabilities have been linked to higher incidences of a variety of mental illnesses when compared to the general population (Rutter, Tizard, Yule, Graham, & Whitmore, 1976; and Borthwick-Duffy, 1994). Because of the symptoms associated with mental retardation; such as limited social skills, delayed or minimal communication skills, and maladaptive behaviors, mental illness can be difficult to assess when combined with an intellectual disability (Sovner, 1986). Currently there is no available mechanism for diagnosing sleep disorders in adults with severe and profound mental retardation. The purpose of the first study is to provide validation of the Diagnostic Assessment …

An Economic Evaluation Of Using Management Zones In Cotton Production, Jose Antonio Cabrera-Davila

LSU Master's Theses

This thesis examines the use of Precision Agriculture technologies to define Management Zones within a multicrop production system. It further evaluates the economic feasibility of implementing spatially variable insecticide applications against conventional blanket treatments with respect to insect pest management in cotton production. The use of geographical information systems was critical in the development of the different yield maps established to determine the level of consistency of management zones across crops over time. Several important concepts, such as data normalization, yield grid maps, inverse distance weighted and stability, were introduced throughout this research to: set the scale of measures to …

Ethics And Literature: Love And Perception In Henry James, Sarah Hamilton

LSU Master's Theses

In this paper I argue for the value of literature in ethical instruction. Following Martha Nussbaum, I argue that literature often promotes the kind of context-specific judgment, respect for the cognitive value of the emotions and empathy for others that are foundational to the kind of ethical judgment Nussbaum and I support. Like Nussbaum, I find that Henry James's novels evince these same ethical values and that his novels, especially the novels of the late phase, are therefore useful for ethical instruction. Unlike Nussbaum, however, I do not believe that James portrays erotic love as an emotion that is incompatible …

North Korean Invasion And Chinese Intervention In Korea: Failures Of Intelligence, Robert A.Ii Culp

LSU Master's Theses

The America intelligence community in 1950, unprepared to perform its missions, failed to provide adequate indications and warning to U.S. national leaders and to the Commander, Far East Command (FEC), about the North Korean invasion of South Korea and Red Chinese intervention in the Korean War. Post-World War II policies that reduced the size of the military, cut systems and training, and reorganized intelligence services are responsible for that failure. Training deficiencies meant that intelligence soldiers deployed to Korea without required skills. The military trained analysts to assess enemy capabilities rather than intentions, contributing to poor predictive analysis. Shortages of …

Boyd School Of Law Establishes Saltman Center For Conflict Resolution, Jean R. Sternlight

Scholarly Works

This article discusses William S. Boyd School of Law’s establishment of the Saltman Center for Conflict Resolution.

In Search Of The Best Procedure For Enforcing Employment Discrimination Laws: A Comparative Analysis, Jean R. Sternlight

Scholarly Works

As our world effectively shrinks, many countries are beginning to reach a striking substantive consensus regarding the prohibition of employment discrimination. Yet, and in sharp contrast, nothing approaching consensus has yet emerged regarding the best procedural method with which to resolve individual claims of employment discrimination. Instead, while countries have struggled, individually, to devise processes that meet a variety of needs, none seems to be satisfied with its efforts. Litigation is slow, costly, and impersonal. Informal processes such as conciliation, mediation, arbitration, or administrative processes aim to be faster and cheaper, but may not result in adequate enforcement of discrimination …

Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen

Scholarly Works

Companies are increasingly drafting arbitration clauses worded to prevent consumers from bringing class actions against them in either litigation or arbitration. If one looks at the form contracts she receives regarding her credit card, cellular phone, land phone, insurance policies, mortgage, and so forth, most likely, the majority of those contracts include arbitration clauses, and many of those include prohibitions on class actions. Companies are seeking to use these clauses to shield themselves from class action liability, either in court or in arbitration.

This article argues that while the unconscionability doctrine offers some protections, case-by-case adjudication is a costly means …

Short-Term Evolution Of A Marsh Island System And The Importance Of Cold Front Forcing, Terrebonne Bay, Louisiana, Dana Ann Watzke

LSU Master's Theses

Short-term, wave induced erosion along bay beaches in the northern Gulf of Mexico has been linked to the postfrontal phase of cold front passages. Not until recently has consideration been given to the importance of wave erosion on marshes fringing large bays during the entire cold front event. Two WAVCIS (Wave-Current-Surge-Information System) stations were established on the north and south flank of a small marsh island in Terrebonne Bay, Louisiana, to measure and elucidate the hydrodynamic response to these events. Data from WAVCIS stations, which includes wind speed and direction, air temperature, significant wave height and water level, were collected …

A Spatial Analysis Of The Smallpox Epidemic In Sheffield, United Kingdom, 1887-1888, Ann-Marie Cain

LSU Master's Theses

One of today's most fecund fields of research in medical geography involves using historical datasets from past epidemics and contemporary cadastre maps to plot the course of the contagion. The purpose is to study the spatial patterns of diseases that are rare or extinct today but still have large research value. The best example of this problem is smallpox. This project involves taking one of the most complete records of a smallpox epidemic, plotting the cases in a geographic information system (GIS), and exploring the spatial patterns using statistical software. As one of the most contagious and damaging diseases to …

The Effects Of Reinforcement Magnitude On Functional Analysis Outcomes, Valerie Marie Volkert

LSU Master's Theses

The functional analysis methodology developed by Iwata, Dorsey, Slifer, Bauman, and Richman (1982/1994) has been successfully used to identify the variables that maintain the problem behavior of individuals with developmental disabilities. However, in some cases, the results of functional analysis may be inconclusive. Altering parameters of reinforcement, such as the schedule, the quality, or magnitude of the reinforcer, may increase the likelihood of obtaining clear functional analysis results. Few studies have evaluated the effects of reinforcement magnitude on problem behavior even though basic findings indicate that this parameter may alter functional analysis outcomes. In fact, reinforcement magnitude has varied widely …

Solving A Locational Distribution Problem Of Non-Toxic Solid Waste On The Island Of Puerto Rico, Sandra A. Soto

LSU Master's Theses

The island of Puerto Rico is confronting a crisis in waste management due to inadequate management from the local government, the decreasing number of landfills available, high population density, and paucity of places for waste disposal. This research develops a least-cost model for the disposal and transportation of non-hazardous solid waste. Location-allocation (LA) and Geographic Information Systems (GIS) software are used to analyze the efficiency of the present pattern of waste allocation and to identify a near-to-optimal assignment of waste for the landfills in operation today and the landfills that will be open by 2008. The “near-to-optimal” models obtained from …

Minimum Dogma And Religious Toleration, Clinton Bryan Barron

LSU Master's Theses

This thesis examines issues that emerge from the investigation of the relationship between John Locke's arguments for religious toleration as found in his Letter Concerning Toleration and his construction of a minimum dogma for Christianity in his The Reasonableness of Christianity. The first chapter follows the development of minimum dogma from its origin in the experience Eric Voegelin terms the leap in being, through Xenophanes' concept of "seemliness," to the minimum dogmas of Plato. The second chapter examines the use of minimum dogma in theories of religious toleration by More and Spinoza. The final chapter examines the work of John …

Credibility And Authority On Internet Message-Boards, Ryan Goudelocke

LSU Master's Theses

This research aimed to provide some proof or refutation of the hypothesis that online communities develop specialized vocabularies, often technical jargon, and use elements of those vocabularies, here labeled “tokens,” to ascribe credibility and/or authority to other posters. The literature from a variety of communications fields relating to this topic was summarized as a progression from an early “limitations” model of computer-mediated communication (CMC) to a later “opportunities” model. The drawbacks of current research were outlined and some new paths were sketched, including the methodology employed here. Several discussions from different Web sites, each containing hundreds of posts, were tabulated …

Book Review. Gunning, J. And H. Szoke, Eds. The Regulation Of Assisted Reproductive Technology, Jennifer Bryan Morgan

Articles by Maurer Faculty

No abstract provided.

That Memorable Campaign: American Experiences In The China Relief Expedition During The 1900 Boxer Rebellion, Eric T. Smith

LSU Master's Theses

At the time of the Boxer Rebellion in China in 1900, the American army was not experienced in dealing with challenges abroad. The Army spent the last quarter of the nineteenth century fighting the Indian Wars in the West and a generation of officers grew to maturity commanding small frontier posts where only a few had the opportunity to maneuver large formations during the Spanish-American War. The infantrymen who marched into Peking in August of 1900 were transitioning between the tactics of the past and the future. The Napoleonic formations used in the American Civil War, already made obsolete at …

Consumer Sensory Characteristics Of Butter Cake Made From Wheat And Rice Flours, Ashley Elizabeth Bond

LSU Master's Theses

Rice is an important commodity in Louisiana and throughout the world. During the milling process, about 15% of rice kernels become broken. Louisiana produced approximately 2,011,000 hundred weights of broken rice kernels in 2002. Converting broken rice into rice-based products adds dollars back to broken rice. The market potential for rice in processed foods is huge. In the refrigerated and frozen baked foods category, it is approximately $14.3 billion; while in the baked snack foods and wholesale bakery foods category, it is approximately $31.4 billion. Approximately 1-2% of the United States population suffers from Celiac Spruce Disease, which is a …

Country Roads Magazine: Has The Move From The "Country" Influenced Baton Rouge Advertisers' Buying Habits, Arianne Parker Bellizaire

LSU Master's Theses

Country Roads magazine celebrated its 20th anniversary in September of 2003. Founded by Dorcas Woods Brown in 1983, the publication prides itself on offering its readers a cultural events guide showcasing events, festivals and destinations from Natchez, Mississippi, to New Orleans, Louisiana. Readers have watched the magazine evolve over the years. However, nearly two years ago, readers experienced one of the biggest changes. The magazine moved its headquarters from St. Francisville to Baton Rouge. This study evaluated Baton Rouge advertisers' reactions the move. The researcher modified and tested the Country-of-Origin Effects (COO) on a smaller scale by examining City-of-Origin effects. …

19th And 20th Century French Exoticism: Pierre Loti, Louis-Ferdinand Cé́Line, Michel Leiris, And Simone Schwarz-Bart, Robin Anita White

LSU Doctoral Dissertations

This study of four 19th and 20th century colonial texts, as well as a later postcolonial novel exposes the cadres exotiques, or exotic frameworks, of literary exoticism. The thesis names and interprets the moods of and reactions to exoticism, including colonial exoticism, antiexoticism, and autoexoticism. Poetic and theoretical interpretations of exoticism, such as Victor Segalen’s Notion du Divers and Edouard Glissant’s Opacité and Poétique de la Relation challenge the prevalent assumptions that the literary practice was only an unfortunate byproduct of colonialism. The first chapter presents literary history and theoretical considerations relating to exoticism: Orientalism, nostalgia, colonial literary history, and …

Case Study Analysis Of Strategic Alliances For The U.S. Beef Industry, Angel Bu Zapatta

LSU Master's Theses

This paper provides case studies on the structure of six strategic alliances in the beef industry. Strategic alliances are identified whose structure could conceivably be used in Louisiana. Strategic alliances are compared and contrasted on the basis of development and performance. The main objective of this study was to determine the organization and operation of six strategic alliances in the beef industry. The study examines strategic alliances in the U.S. beef industry using multiple exploratory case studies. The exploratory type, allows the researcher to better understand critical points in the beef industry and how the use of strategic alliances can …

Quantification Of Marine Sediment Properties From Planar And Volumetric Pore Geometries, Allen Hagerman Reed

LSU Doctoral Dissertations

Pore geometry and topology are important determinants of sediment physical properties, such as porosity and permeability. They also influence processes that occur in the sediment, such as acoustic propagation, attenuation, and dispersion, single- and multi-phase fluid flow, and hydrodynamic dispersion. This study uses images to evaluate pore geometry and topology of ooid (subspherical particles) and siliclastic (angular quartz) sand that was collected from the marine environment south of Bimni Bahamas and Ft. Walton Beach, FL, respectively. Image analysis techniques and predictive tools enable insight into the relationships among sediment pore geometry, topology, and physical properties for these differently shaped sands. …

Nadzab (1943): The First Successful Airborne Operation, James Philip Lowe

LSU Master's Theses

The U.S. Army in 1940 was in the early stages of developing an airborne capability to exploit the vertical envelopment concept. That concept became reality in 1942 with the first airborne operation in North Africa. Although the first parachute drop contributed virtually nothing to the overall success of the mission, it was the beginning of an important capability. In 1943, the War Department authorized five airborne divisions despite a lack of experience and doctrine to direct the new organizational structure. The airborne initiative expanded much more quickly than did the doctrine, training, or employment principles. The first attempts of conducting …

Arbitration, Unconscionability, And Equilibrium: The Return Of Unconscionability Analysis As A Counterweight To Arbitration Formalism, Jeffrey W. Stempel

Scholarly Works

However incomplete, unaggressive, or sub-optimal, unconscionability analysis of arbitration agreements has made something of a comeback in the late twentieth century and early twenty-first century. Just as nature abhors a vacuum, water seeks to be level, and ecosystems work to retain environmental stability, the legal system has witnessed an incremental effort by lower courts to soften the rough edges of the Supreme Court's pro-arbitration jurisprudence through rediscovery of what might be called the “unconscionability norm”--a collective judicial view as to what aspects of an arbitration arrangement are too unfair to merit judicial enforcement. In rediscovering and reinvigorating the unconscionability norm …

The Integration Of Law And Fact In An Uncharted Parallel Procedural Universe, Thomas O. Main

Scholarly Works

No abstract provided.

True Image, Janet K. Link

LSU Master's Theses

A still-life is often the painted record of a complex arrangement of objects. My aim in making the visual portion of TRUE IMAGE is to turn this sort of still-life inside out. Rather than arranging a collection of objects and making a painted or drawn image of the set up, I made simple images of things and arranged them with actual objects into three larger tableaux. The subjects of the paintings and drawings are these: checkerboards, objects, portraits, and shadows. The subjects of the tableaux are work (LABOR), home (DOMUS), and church (ECCLESIA). Viewed as a whole the exhibition asks …

The Moral Authority Of Symbolic Appeals In Biomedical Ethics, Sharon Sytsma

Faculty Articles, Papers, and Other Scholarship

No abstract provided.

Glacial Deposits, Vol. 32, 2003-2004, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

Genetics And Functions Of Herpes Simplex Virus Type 1 Membrane Proteins In Virus-Induced Cell Fusion, Virion Morphogenesis And Egress, Jeffrey Michael Melancon

LSU Doctoral Dissertations

The Herpes Simplex Virus life cycle contains a number of membrane fusion events that must function properly to ensure a productive infection, including: virus attachment and entry into susceptible cells, de-envelopment at the outer nuclear lamellae, and virus-induced cell-to-cell fusion. A virus-free cell fusion assay was recently developed in order to attempt to understand the underlying mechanisms that are responsible for viral fusion events and was utilized in order to investigate the effect of mutations targeted to the carboxyl terminus of gB. We showed that the predicted alpha helical domain H17b within the carboxyl-terminus of gB is involved in both …