Digital Commons Network^™

A Road To Injustice Paved With Good Intentions: Maggie's Misguided Crackdown On Drowsy Driving, Joshua D. Levine

UC Law Journal

Sleep-deprived drivers pose a serious threat to the public, killing and injuring tens of thousands of Americans each year. Nevertheless, this problem was largely ignored until the summer of 2003, when the New Jersey legislature made national headlines by passing Maggie's Law. Maggie's Law is a unique revision to New Jersey's vehicular homicide statute that permits unprecedented criminal penalties for drowsy drivers who are involved in deadly automobile accidents. The law's passage has had an effect far outside New Jersey's borders, leading many other states and the federal government to consider similar legislation.

This Note details the history and language …

Civil Liability For Attorneys To Adverse Parties When A Settlement Agreement Is Breached In California, Daivd M. Lacy Kusters

UC Law Journal

When a settlement agreement is breached in California, the parties are generally solely liable for the breach. Occasionally, however, settlement agreements can create duties running between attorneys and adverse parties. In these situations, when a settlement agreement fails through no or negligible fault of the opposing party, the opposing party may be able to seek remedy through civil liability against the attorney. This Note provides an overview of the general duty that attorneys owe to third parties. It examines various causes of action available to plaintiffs and the various factors influencing liability. Lastly, this Note details a proposed virtual per …

Putting Down Roots In Environmental Literacy: A Study Of Middle School Students' Participation In Louisiana Sea Grant's Coastal Roots Project, Rachel L. Somers

LSU Master's Theses

Few people realize that in Louisiana land is lost to open water at about a rate of 24 square miles a year, faster than anywhere else in the world (Barras, Beville, Britsch, Hartley, Hawes, Jonston, Kemp, Kinler, Martucci, Porthouse, Reed, Roy, Sapkota, & Suhayda, 2003). Not only is the public low to moderately environmentally literate, there is a need to reach students early on to ensure the greatest benefit. This is the main reason why Louisiana Sea Grant¡¦s Coastal Roots Wetland Seedling Nursery Project (Coastal Roots) came into inception. The goal of the project is to improve environmental literacy of …

The Political Marketplace Of Religion, Calvin Massey

UC Law Journal

Inherent in the two Religion Clauses is the possibility of conflict: some accommodations of religion in the name of free exercise may amount to forbidden establishments and some limits on religious accommodation in the name of avoiding prohibited establishments may impermissibly interfere with the free exercise of religion. Judicial mediation of the tension between the Establishment Clause and the Free Exercise Clause resolves into one of four patterns, each characterized by the degree of deference courts display toward the legislative choices of accommodation of religion. Courts may be deferential to legislative choices that arguably inhibit free exercise and foster religion; …

Progressive Consumption Taxes, Mitchell L. Engler

UC Law Journal

Recent intellectual and political forces have moved the consumption tax to the forefront of tax policy debate. Because traditional flat-rate consumption taxes, like the VAT, raise serious distributional concerns, tax scholars have responded with suggestions of innovative progressive consumption taxes. Two such proposed taxes-the Hybrid Approach and the X-tax-were independently analyzed in a recent symposium on fundamental tax reform. These two proposals contain striking similarities, as both would tax individuals at progressive rates on their wages with a separate tax on consumption less wages. However, there are significant differences. The Hybrid Approach would impose an individual tax on consumption less …

Antitrust Implications Of Casino Mergers: The Gamble Of Defining A Relevant Market, Melissa Fallon

UC Law Journal

In light of recent mergers in the casino industry, this Note examines what the FTC considers before approving or challenging a proposed merger. Defining a relevant market, a necessary step for merger analysis under the FTC and DOJ Merger Guidelines, is particularly challenging in the context of the casino industry given the array of basic products offered by casinos, the potential for submarkets of unique consumers, and the various geographic markets in which casinos compete for customers. This Note explores the frustratingly inconclusive case law available for guidance in this area and suggests what the FTC might have considered before …

The Next Step In Dna Databank Expansion? The Constitutionality Of Dna Sampling Of Former Arrestees, Jacqueline K. S. Lew

UC Law Journal

This Note examines current developments in state DNA databank laws and the controversy surrounding the passage of California's latest DNA databank statute to predict that the next step in DNA databank expansion has arrived-namely, the collection of DNA from former arrestees, who neither have been convicted of a felony nor remain in government custody. Ultimately, the Note suggests that despite the recent trend towards expanding DNA databases around the country, the DNA sampling of former arrestees crosses a bright line that represents the constitutional end of such expansion.

In pointing out that courts have often relied on a plaintiff's status …

Local Narratives: An Approach To Participatory Planning In Community Revitalization Projects, Herpreet Kaur Singh

LSU Master's Theses

This thesis explores what can happen when planners and designers allow local narratives to inspire and inform all stages of community planning and design processes. Specifically, this paper suggests how local narratives can contribute to the ongoing revitalization efforts underway in Old South Baton Rouge, a historically significant, low-income, African-American community in Baton Rouge, Louisiana. A personal narrative introduces the subject matter at hand. Thereafter, each chapter is preceded with a narrative interlude to add texture to the ideas presented herein. Chapter two underscores the theoretical and practical relationship between place, memory and development, particularly as this relationship applies to …

Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America, Catherine Powell

UC Law Journal

This Article examines cultural arguments made in opposition to the ratification by the United States of the Convention on the Elimination of Discrimination Against Women (CEDAW). The failure of the United States to ratify CEDAW has been conventionally understood as grounded in concerns that the Convention is incompatible with U.S. constitutionalism- particularly notions of federalism and limited government. However, as this Article demonstrates, opponents of CEDAW who testified during the ratification debate grounded their objections explicitly in terms of culture and traditional gender roles. In particular, CEDAW opponents expressed fear that ratification would disrupt traditional cultural understandings of women's role …

Quests For Conception: Fertility Tourists, Globalization And Feminist Legal Theory, Richard F. Storrow

UC Law Journal

As the cost of in vitro fertilization in the West skyrockets and countries enact laws that drastically curtail access to assisted reproduction, couples are turning more and more frequently to fertility tourism. This Article examines the relationship between restrictive reproductive laws, thought to be expressions of local values, and globalization, the ongoing process of worldwide interconnectedness that makes fertility tourism possible. After a discussion of the meaning and causes of fertility tourism, this Article demonstrates how such tourism dampens organized resistance to laws that restrict the available forms of assisted reproduction and thus how globalization itself plays a part in …

Musculoskeletal Disorders In Dentistry, Frank Maurice Pitts

LSU Master's Theses

Because of the common occurrence of pain experienced by dental professionals during the course of a workday and throughout their career, an epidemiological and a field study were performed in an effort to contribute to the prevention of musculoskeletal disorders in dentistry. The aim of the thesis is two fold: to assess the perception of occupational pain and discomfort felt by dentists through a perception based survey and to assess the muscle behavior of dentists during isotonic postures while performing various dental procedures on their first and last patients in a given work day. One hundred (100) dentists participated in …

Women's Uses Of The Internet, Rachelle Powell

LSU Master's Theses

In this study I will look at the main reasons women use the Internet. Studies about women and the Internet are divided; some indicate less use of the Internet than men, but other studies show strong evidence of a narrowing gap in use. Due to this lack of clarity, a study that looks exclusively at women’s Internet activities and usage is needed. Although qualitative research does not test or apply theory the same way quantitative research does, uses and gratifications theory informed this study. This is an exploratory study of women and the Internet.

Racial Variations And Social Support And Its Impact On Stress And Depression, Claire Sam

LSU Master's Theses

Evidence suggests that social support can mitigate some of the harmful effects of stress on health. Social support theorists argue that certain social groups have differential access to social support; therefore, certain social groups are at a higher risk of experiencing psychiatric symptoms. Although social networks are beyond the scope of these analyses, it is an important component to consider when examining the uneven distributions of social support between social groups. If racial differences exist in the networks in which individuals are embedded, then part of the differential access to social support could be explained by examining the various compositions …

Environmental Benefits Realized From Eradication Of The Non-Indigenous Insect Anthonomus Grandis Boheman, The Cotton Boll Weevil, Marc Stephen Bordelon

LSU Master's Theses

At least one third of the insecticide used in agriculture has been used to control the boll weevil in cotton. Historically, these insecticides have been toxic to humans and harsh on the environment. In addition, the intensive use of chemical insecticides to control the boll weevil results in the disruption of naturally occurring biological control factors that regulate other insect pest populations causing a chain reaction of secondary pest populations that require treatment followed by resurgence and repeat treatment. This situation has resulted in the development of resistance to insecticides, high control costs and unacceptable levels of chemical insecticide contamination …

Women In Classical Society : Aspects Of Law, Family And Work, Heidi May Gould

Undergraduate Theses and Senior Projects

No abstract provided.

From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan

Articles by Maurer Faculty

In this article, I argue that those who believe that Americans can successfully export their visions of law and legal research to other countries need to consider - in addition to Japan and Germany, two countries that are often touted as exemplars - the case of India. India gained its independence from the British in 1947, and soon thereafter many American experts traveled to India in an effort to foster a culture of Western legal intellectualism. As part of their mission to improve the status of law in India, the Americans, upon their arrival, strongly advocated for the construction of …

Measuring The Impacts Of Speed Reduction Technologies: Evaluation Of Dynamic Advanced Curve Warning System, Christopher Monsere, Casey Nolan, Robert Bertini, Edward Anderson, Tarek El-Seoud

Civil and Environmental Engineering Faculty Publications and Presentations

This paper presents the results of a quantitative and qualitative evaluation of a dynamic curve warning System deployed at one site on Interstate 5 in Oregon. On a dynamic message sign, the System displays messages directed to drivers on the basis of the observed speed of approaching vehicles. For the evaluation, three measures of effectiveness were selected: (a) the change in mean speed for passenger cars and commercial vehicles, (b) the change in the speed distribution for both passenger cars and trucks, and (c) public response to the sign. Speed samples were taken of vehicles with a laser ranging and …

The Asian Century: Implications For International Law, David P. Fidler

Articles by Maurer Faculty

Predictions that the 21st century will be the "Asian century" have sparked analytical interest from many disciplines but not international law. This article focuses on what implications "Asia rising" may have for international law in the 21st century. The article begins by looking at the 19th and 20th centuries as the European and American centuries respectively to assess the impact these centuries made on international law. The article then analyses possible meanings for an Asian century and frames such a century's implications for international law around the concept of a "Concert of Asia". The article argues that, through a "Concert …

Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

The tsunami in the Indian Ocean at the end of 2004 has produced heightened scrutiny of how international disaster relief is supplied and governed. This scrutiny connects to arguments by the International Federation of Red Cross and Red Crescent Societies that more effective and efficient disaster relief requires the significant development of international law on disaster relief. This commentary analyses the historical and current relationship between international law and disaster relief and challenges the arguments that more international law on disaster relief is needed.

Simulation Study Of Routing Protocols In Wireless Sensor Networks, Vatsalya Kunchakarra

LSU Master's Theses

Wireless sensor networks, a distributed network of sensor nodes perform critical tasks in many application areas such as target tracking in military applications, detection of catastrophic events, environment monitoring, health applications etc. The routing protocols developed for these distributed sensor networks need to be energy efficient and scalable. To create a better understanding of the performance of various routing protocols proposed it is very important to perform a detailed analysis of them. Network simulators enable us to study the performance and behavior of these protocols on various network topologies. Many Sensor Network frameworks were developed to explore both the networking …

Playing Peekaboo With Constitutional Law: The Pcaob And Its Public/Private Status, Donna M. Nagy

Articles by Maurer Faculty

This Article is the first to consider the constitutional status of the Public Company Accounting Oversight Board (PCAOB - pronounced by some as peekaboo). Congress created the PCAOB in 2002 to regulate the accounting profession in response to scandals at Enron, WorldCom, and other public companies. The Article argues that notwithstanding the PCAOB's congressional designation as a nonprofit corporation in the private sector, its governmental creation, governmental objectives, governmental powers, and governmentally appointed board members render it a public (or state) actor for purposes of constitutional law. The Article also analyzes the PCAOB from a policy perspective, and argues that …

The Role Of Lady Macbeth In Shakespeare's Macbeth: A Production Thesis In Acting, Taralyn Adele Macmullen

LSU Master's Theses

The role of Lady Macbeth in Shakespeare’s Macbeth was selected as a thesis project in the fall semester of 2004. The purpose of this thesis is to provide a written record of the actor’s interpretation and creation of the character through the rehearsal process. It contains five parts: an introduction, a character analysis, a daily actor’s journal, a physical score, and a conclusion.

Nutrient Interactions, Plant Productivity, Soil Accretion, And Policy Implications Of Wetland Enhancements In Coastal Louisiana, Christopher Brantley

LSU Doctoral Dissertations

Ecosystem response, stakeholder interactions, and the policy implications to a wetland assimilation project are reported here for the City of Mandeville, St. Tammany Parish, Louisiana. Between September 1998 and October 2004, input of secondarily treated wastewater effluent was found to have a net positive effect on the downstream wetland receiving basin. The major hydrologic inputs to the system are the effluent, precipitation, and back water flooding from Lake Pontchartrain. Nutrient levels were generally low except in the immediate vicinity of the outfall and removal efficiencies of N and P ranged from 44% to 87% and 25% to 93%, respectively. On …

Antimicrobial Effect Of Cetylpyridinium Chloride Against Listeria Monocytogenes Growth On The Surface Of Raw And Cooked Shrimp, Tracie Michelle Dupard

LSU Master's Theses

Listeria monocytogenes has emerged as a major foodborne pathogen for the seafood industry due to its psychrotrophic nature and its ubiquitous presence. It has been isolated from soil, sewage, dead vegetative matter, aquatic environments, fecal material, fish, crustaceans, and domesticated animals. As a result, L. monocytogenes has been responsible for several shrimp recalls and has been epidemiologically linked to human listeriosis. Fresh seafood products are highly perishable and their shelf-life is limited by microbiological spoilage. Therefore, when pathogenic microorganisms are involved, it poses a health threat to the general public. The situation is further complicated because seafood processing plants are …

Energy-Rate Based Mac Protocol For Wireless Sensor Networks And Key Pre-Distribution Schemes, Ramaraju Kalidindi

LSU Master's Theses

Sensor networks are typically unattended because of their deployment in hazardous, hostile or remote environments. This makes the problem of conserving energy at individual sensor nodes challenging. S-MAC and PAMAS are two MAC protocols which periodically put nodes (selected at random) to sleep in order to achieve energy savings. Unlike these protocols, we propose an approach in which node duty cycles (i.e sleep and wake schedules) are based on their criticality. A distributed algorithm is used to find sets of winners and losers, who are then assigned appropriate slots in our TDMA based MAC protocol. We introduce the concept of …

Felt, Yvonne Pierce James

LSU Master's Theses

My work is largely autobiographical and the way I express myself is the product of memories and life experiences. I grew up as one of a family of ten children and learned early the values of sharing and helping others. We were also taught not to waste anything. We learned to recycle as part of our daily life. As you will see in my work almost all of the materials I use are found objects or recycled materials. In growing up as part of a large, rural, southern family, there was also a tradition of ‘women’s work’. Nearly all of …

Effect Of Back Belt On Inter-Joint Coordination And Postural Index Value Under Self Selected Manual Lifting Technique, Ashish Dashrathrao Nimbarte

LSU Master's Theses

Over the past decade increasing number of US companies have been encouraging the use of abdominal support as a part of their efforts to reduce the human and economic costs due to back injuries. Back belts are assumed to prevent injuries by restricting posture, increasing intra abdominal pressure, providing psychological effect and relaxing trunk muscle to provide circumferential support around the pelvis ring. This research deals in detail with the posture restriction caused by back belt. Two-dimensional kinematic data was collected from ten subjects using nine marker positions. Angular displacement of nine body angles was compared. The kinematic relationship, posture, …

Effects Of Protein Sources With Differing Ruminal Degradation Characteristics On Nutrient Digestibilities And Flows Through Various Segments Of The Gastrointestinal Tract Of Non-Lactating Holstein Cows, Taylor Whitney Braud

LSU Master's Theses

Six non-lactating Holstein cows with ruminal and duodenal cannulas were used in a replicated 3x3 Latin square design experiment to investigate the effects of supplemental protein source on ruminal and total tract nutrient digestibility. Supplemental protein was provided from soybean meal (SBM), expeller processed soybean meal (EXP), or menhaden fish meal (FM). Basal diets consisted of (DM basis) 33% corn silage, 20% bermudagrass hay, 27% ground corn, and 2% minerals and vitamins. Supplemental protein was provided as (DM % of total diet) 18% soybean meal (SOY), 17% soybean meal and 1% fish meal (FM), or 12% soybean meal and 6% …

Identifying Asphalt Construction As A Point Source Emitter Of Volatile Organic Compounds Near The Louisiana State University Ozone Monitoring Station, Sean Jason Kice

LSU Master's Theses

The EPA has classified Baton Rouge as a non-attainment area for ozone pollution for many years. Since then Photochemical Assessment Monitoring Stations (PAMS) and other ozone monitoring stations around the metropolitan area have monitored for ozone, NOx, and more than 50 volatile organic compounds (VOCs) which are considered precursors to ozone pollution. Traditionally, automobile engines and industrial plants and refineries have been blamed as major point sources for VOC emissions and the ozone pollution they cause. This research focuses on another possible point source for failing ozone levels at one of the ozone monitoring stations located on the campus of …

Black Catholicism: Religion And Slavery In Antebellum Louisiana, Lori Renee Pastor

LSU Master's Theses

The practice of Catholicism extended across racial boundaries in colonial Louisiana, and interracial worship continued to characterize the religious experience of Catholics throughout the antebellum period. French and Spanish missionaries baptized natives, settlers, and slaves, and the Catholic Church required Catholic planters to baptize and catechize their slaves. Most slaveholders outside New Orleans, however, were lax in the religious education of slaves. Work holidays did not always correspond to religious holy days, and the number of slave baptisms and confirmations on Catholic plantations often depended on the willingness of the local priest, or the slaves themselves, to attend the parish …