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2004

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The Immense Rumor, Peter Goodrich Jan 2004

The Immense Rumor, Peter Goodrich

Articles

The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …


The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk Jan 2004

The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk

Articles

Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.


Direct Democracy And The Protestant Ethic, Marci A. Hamilton Jan 2004

Direct Democracy And The Protestant Ethic, Marci A. Hamilton

Articles

No abstract provided.


The Eurasian Transformation Of The 10th To 13th Centuries: The View From Song China, 906-1279, Paul Jakov Smith Jan 2004

The Eurasian Transformation Of The 10th To 13th Centuries: The View From Song China, 906-1279, Paul Jakov Smith

History Faculty Scholarship

No abstract provided.


"I Pray It Happens In My Lifetime": The Life History Of Clara Byrd Glasper, A Black Woman Educator Fighting For Educational Equality, Carol Marie Miller Jan 2004

"I Pray It Happens In My Lifetime": The Life History Of Clara Byrd Glasper, A Black Woman Educator Fighting For Educational Equality, Carol Marie Miller

LSU Doctoral Dissertations

The purpose of this study is to write the life history of a black woman educator is order to enhance our understandings of educational activism and social change in the Deep South. African American educators have been marginalized and under represented in their communities despite the roles they have played in ameliorating educational inequalities. The life history of seventy-year-old Clara Byrd Glasper’s activism as a black woman educator is one example. Life history, as a method of research, reveals an individual’s life experiences from their perspective and provides the appropriate methodology to explore the following research questions: In the context …


The Effects Of Auditory Distraction On Attention Performance In Asymptomatic College Students With A History Of Mild Head Injury, John H.,Ii Denning Jan 2004

The Effects Of Auditory Distraction On Attention Performance In Asymptomatic College Students With A History Of Mild Head Injury, John H.,Ii Denning

LSU Doctoral Dissertations

Introduction: The majority of individuals experiencing a mild head injury (MHI) recover fully experiencing few residual symptoms. Some individuals who fully recover have shown evidence of residual, albeit subtle, brain functioning disturbances on tasks requiring high levels of cognitive effort. Also, memory complaints in MHI patients may be related to these subtle difficulties when cognitive resources are overwhelmed. This study assessed a group of asymptomatic college students with a history of MHI to determine if there were any residual attention difficulties as well as increased memory complaints. Method: One-hundred twelve college students with and without a history of MHI were …


The Organ Works Of Fela Sowande: A Nigerian Organist-Composer, Godwin Simeon Sadoh Jan 2004

The Organ Works Of Fela Sowande: A Nigerian Organist-Composer, Godwin Simeon Sadoh

LSU Doctoral Dissertations

Fela Sowande (1905-1987) has a huge compositional output including orchestral and vocal works. However, his organ music outnumbered the totality of his compositions. His organ pieces represent a truly intercultural music in which distinct tripartite cultural idioms are evident—Nigerian, African American and European. Works of this nature serve as creative source materials for aspiring composers, performers, scholars, music educators, and students in Africa and the world. This composer, folklorist, and music educator was born into a well-known music family in Nigeria. He was active in radio broadcasting, Yoruba folklore and mythology, indigenous music research, Nigerian art music, performance, orchestral conducting, …


Regret From Consumer Action Versus Inaction: The Effects Of Post-Decision Information, Decisional Responsibility And Perceived Source Expertise, Neel Das Jan 2004

Regret From Consumer Action Versus Inaction: The Effects Of Post-Decision Information, Decisional Responsibility And Perceived Source Expertise, Neel Das

LSU Doctoral Dissertations

This dissertation proposes to examine regret arising from action versus inaction in consumer decision-making contexts. Although there has been extensive research in the area of regret, no extant literature in marketing has been found that has investigated the nature of regret arising from inaction, specifically in stockout conditions. The first study defines the concept of decisional action and inaction as the key sources of the regret emotion. Specifically, regret arising from inaction (and action) is investigated under sub-optimal and optimal conditions. Subsequently, circumstances are identified when inaction-driven levels of regret are likely to be higher than levels of action-driven regret …


Numerical Modeling Of Strain Localization In Granular Materials Using Cosserat Theory Enhanced With Microfabric Properties, Mustafa Alsaleh Jan 2004

Numerical Modeling Of Strain Localization In Granular Materials Using Cosserat Theory Enhanced With Microfabric Properties, Mustafa Alsaleh

LSU Doctoral Dissertations

Finite element solution in the updated Lagrangian frame is used to investigate the strain localization phenomenon "shear bands" in granular materials. The micro-polar theory was used as the mathematical foundation for the continuum formulations. A laboratory testing results are used for verification and comparison with the numerical simulation. Silica sand and glass beads with different shape indices, size and surface roughness were tested under biaxial and triaxial loading conditions to investigate the physics of the problem. The shape non-uniformity and the irregular surface roughness of the grains were studied carefully to evaluate their effect on shear band characteristics. To this …


Effects Of Practice Strategies, Metronome Use, Meter, Hand, And Musical Function On Dual-Staved Piano Performance Accuracy And Practice Time Usage Of Undergraduate, Melody A. Hanberry Jan 2004

Effects Of Practice Strategies, Metronome Use, Meter, Hand, And Musical Function On Dual-Staved Piano Performance Accuracy And Practice Time Usage Of Undergraduate, Melody A. Hanberry

LSU Doctoral Dissertations

The purposes of this study were: 1) To assess the effects of practice strategies, metronome, meter, hand, and musical function on piano performance accuracy of undergraduate music majors enrolled in piano class (N=39), and 2) To assess the effects of practice strategies on practice time relative to two unfamiliar pieces of keyboard music. Throughout an eight-week training session, treatment subjects were provided strategies for practicing unfamiliar pieces of keyboard music and were allowed time in class to apply the strategies while practicing. Strategies included score analysis, isolating hand position shifts, practicing unfamiliar chords, practicing measures with accidentals, and using the …


Factors Controlling Seagrass Revegetation Onto Dredged Material Deposits: A Case Study In Lower Laguna Madre, Texas, James E. Kaldy, Kenneth H. Dunton, Joseph L. Kowalski, Kun-Seop Lee Jan 2004

Factors Controlling Seagrass Revegetation Onto Dredged Material Deposits: A Case Study In Lower Laguna Madre, Texas, James E. Kaldy, Kenneth H. Dunton, Joseph L. Kowalski, Kun-Seop Lee

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

Our objective was to evaluate the influence of water quality and sediment chemistry on the survival and growth of Halodule wrightii transplanted onto unconsolidated dredged materials in Lower Laguna Madre, TX. Subsequent to transplanting activities, we measured environmental conditions and seagrass parameters at transplant and natural beds over a 1-yr period. Although water quality characteristics at the transplant and comparison sites were compatible with seagrass growth, transplants failed to survive for more than a few months. Seagrasses at natural sites received high light (>6000 mols m−2 y−1) and exhibited typical patterns of annual growth, biomass and density as well …


Cpa's Guide To Medical, Dental And Other Healthcare Practices;, Lucy R. Carter, Sara S. Lankford Jan 2004

Cpa's Guide To Medical, Dental And Other Healthcare Practices;, Lucy R. Carter, Sara S. Lankford

Guides, Handbooks and Manuals

CD-ROM files converted to PDF and included after main text


Recovery Of Lost Punitive Damages As Compensatory Damages In Legal Malpractice Actions: Transference Of Liability Or Transformation Of Character, Charles Marshall Thatcher Jan 2004

Recovery Of Lost Punitive Damages As Compensatory Damages In Legal Malpractice Actions: Transference Of Liability Or Transformation Of Character, Charles Marshall Thatcher

South Dakota Law Review

No abstract provided.


Ineffective Assistance Of Counsel: Identifying The Standards And Litigating The Issues, John F. Fatino Jan 2004

Ineffective Assistance Of Counsel: Identifying The Standards And Litigating The Issues, John F. Fatino

South Dakota Law Review

No abstract provided.


South Dakota Employment At Will Doctrine: Twenty Years Of Judicial Erosion, Susan R. Dana Jan 2004

South Dakota Employment At Will Doctrine: Twenty Years Of Judicial Erosion, Susan R. Dana

South Dakota Law Review

No abstract provided.


Punitive Damages: Will The Courts Still Punish The Wrongdoer After State Farm Mutual Automobile Insurance Co. V. Campbell, Lindsay J. Efting Jan 2004

Punitive Damages: Will The Courts Still Punish The Wrongdoer After State Farm Mutual Automobile Insurance Co. V. Campbell, Lindsay J. Efting

South Dakota Law Review

No abstract provided.


An Argument In Favor Of Abrogating The Use Of The Best Interests Of The Child Standard To Circumvent The Jurisdictional Provisions Of The Indian Child Welfare Act In South Dakota, Amanda B. Westphal Jan 2004

An Argument In Favor Of Abrogating The Use Of The Best Interests Of The Child Standard To Circumvent The Jurisdictional Provisions Of The Indian Child Welfare Act In South Dakota, Amanda B. Westphal

South Dakota Law Review

No abstract provided.


Obtaining An Equitable Distribution Of Retirement Plans In A Divorce Proceeding, Dylan A. Wilde Jan 2004

Obtaining An Equitable Distribution Of Retirement Plans In A Divorce Proceeding, Dylan A. Wilde

South Dakota Law Review

No abstract provided.


Merit Selection: A Better Method To Select South Dakota's Circuit Court Judges, Tim Dallas Tucker, Christina L. Fischer Jan 2004

Merit Selection: A Better Method To Select South Dakota's Circuit Court Judges, Tim Dallas Tucker, Christina L. Fischer

South Dakota Law Review

No abstract provided.


Twenty-Five Propositions On Writing And Persuasion, Jonathan K. Van Patten Jan 2004

Twenty-Five Propositions On Writing And Persuasion, Jonathan K. Van Patten

South Dakota Law Review

No abstract provided.


Powell, Wiggins, And Turow. Competent Counsel For The Capital Defendant, Chris Hutton Jan 2004

Powell, Wiggins, And Turow. Competent Counsel For The Capital Defendant, Chris Hutton

South Dakota Law Review

No abstract provided.


Mahan V. Avera St. Luke's: Has The South Dakota Supreme Court Set A Precedent Allowing Non-Profit Hospitals The Right To Eliminate Competitors, Jennifer Wagner Jan 2004

Mahan V. Avera St. Luke's: Has The South Dakota Supreme Court Set A Precedent Allowing Non-Profit Hospitals The Right To Eliminate Competitors, Jennifer Wagner

South Dakota Law Review

No abstract provided.


Brief Of Amicus Curiae Everett Holstein, Rudy Meduna And Dan Hodges In Support Of Defendants - Appellants Joyce Hazeltine And Mark W. Barnett And Intervenors-Appellants Dakota Rural Action And South Dakota Resources Coalition, Robert V. Broom Jan 2004

Brief Of Amicus Curiae Everett Holstein, Rudy Meduna And Dan Hodges In Support Of Defendants - Appellants Joyce Hazeltine And Mark W. Barnett And Intervenors-Appellants Dakota Rural Action And South Dakota Resources Coalition, Robert V. Broom

South Dakota Law Review

No abstract provided.


Brief Of Appellees Montana-Dakota Utilities Co., Northwestern Public Service, And Otter Tail Power Company, Neil Fulton, Dave Gerdes Jan 2004

Brief Of Appellees Montana-Dakota Utilities Co., Northwestern Public Service, And Otter Tail Power Company, Neil Fulton, Dave Gerdes

South Dakota Law Review

No abstract provided.


Appellants' Reply Brief, Mark Barnett, Diane Best, Roxanne Giedd Jan 2004

Appellants' Reply Brief, Mark Barnett, Diane Best, Roxanne Giedd

South Dakota Law Review

No abstract provided.


Brief Of Amicus Curiae National Farmers Union, Et Al., In Support Of Intervenors-Defendants-Appellants Petition For Rehearing En Banc, Susan E. Stokes, David R. Moeller Jan 2004

Brief Of Amicus Curiae National Farmers Union, Et Al., In Support Of Intervenors-Defendants-Appellants Petition For Rehearing En Banc, Susan E. Stokes, David R. Moeller

South Dakota Law Review

No abstract provided.


The Economic Liberty Rationale In The Dormant Commerce Clause, Bruce F. Broll Jan 2004

The Economic Liberty Rationale In The Dormant Commerce Clause, Bruce F. Broll

South Dakota Law Review

No abstract provided.


Discrimination In The Dormant Commerce Clause, Jennifer L. Larsen Jan 2004

Discrimination In The Dormant Commerce Clause, Jennifer L. Larsen

South Dakota Law Review

No abstract provided.


The Dowling Thesis Revisited: Professor Dowling And Justice Scalia, Jeremy R. Jehangiri Jan 2004

The Dowling Thesis Revisited: Professor Dowling And Justice Scalia, Jeremy R. Jehangiri

South Dakota Law Review

No abstract provided.


Martin Heidegger, Emmanuel Levinas, And The Politics Of Dwelling, David James Gauthier Jan 2004

Martin Heidegger, Emmanuel Levinas, And The Politics Of Dwelling, David James Gauthier

LSU Doctoral Dissertations

The late modern and postmodern theme of homecoming permeates the philosophy of Martin Heidegger, who grapples with the topic throughout the various phases of his lifelong meditation on Being. Heidegger continually gave thought to the relationship between Being and the place or site in which it becomes manifest, whether it is a system of references and manipulable entities (Being and Time), language (An Introduction to Metaphysics), or aesthetic works of art (“The Origin of the Work of Art”). Taking as its point of departure Heidegger’s persistent and dynamic search for home (Heimat), this study will examine the political implications of …