Digital Commons Network^™

The Supreme Court, Rule 10b-5, And The Federalization Of Corporate Law, Mark J. Loewenstein

Publications

This Article examines Supreme Court jurisprudence since 1997 under the federal securities laws in light of the Court's earlier securities law decisions and in light of its recent decisions construing the Constitution and federal statutes as they relate to the regulation of business. These post-1977 cases strongly suggest that the much-heralded new federalism philosophy of the Supreme Court is not a factor in securities law cases or in business cases generally. Indeed, the opposite seems to be the case. In this context, new federalism cases appear to be an anomaly, with the reality being that the Court is still as …

Lawyers' Bargaining Ethics, Contract, And Collaboration: The End Of The Legal Profession And The Beginning Of Professional Pluralism, Scott R. Peppet

Publications

This Article combines contractarian economics and traditional ethical theory to argue for a radical revision of the legal profession's codes of ethics. That revision would end the legal profession as we know it-one profession, regulated by one set of ethical rules that apply to all lawyers regardless of circumstance. It would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This "contract model" of legal ethics, in which lawyers could opt in and out of various ethical constraints, …

Indigenous Peoples' Rights To Water Under International Norms, David H. Getches

Publications

In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …

The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches

Publications

No abstract provided.

International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang

Publications

This Article critically analyzes the judicial decisions and reasoning of the United States Supreme Court and lower courts accepting certain defenses in securities fraud litigation. This Article develops how and why the core notions of materiality of information and the reasonable investor should be revised in light of recent empirical data, experimental evidence, and theoretical models of moody investing. This Article proposes modifying three recent developments in materiality doctrine to take into account moody investing. In particular, this Article argues that current judicial treatment of puffery is flawed because it neglects the power of puffery to alter moods. This Article …

Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss

Publications

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as "essential to free enterprise" and "central to the free market," but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of …

Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter

Publications

As American Indian nations revitalize their legal systems, there is renewed interest in "tribal law," that is, the law of each of the Indian nations. Today, there is a particular focus on the subject of "individual rights" under tribal law. In tribal contexts, people are highly interested in the legal institutions and rules that govern their lives, especially as many tribal communities are experiencing a period of great political, social, and economic change. At the national level, the Supreme Court repeatedly expresses concern about whether individuals, especially non-Indians, will be treated fairly in tribal court. For scholars, individual rights under …

A Response To Professor Bix, Robert F. Nagel

Publications

No abstract provided.

Energy, Environment & Sustainable Development, Lakshman D. Guruswamy

Publications

No abstract provided.

The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson

Publications

The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's understanding of the facts of the underlying dispute about the identity of a corpse. The author's investigations into newspaper archives and the original case documents point to …

Automated Core Removal System For The Nasa/Bhi Mars Drill, Konrad Izbinski, Eric Mullen, Lindsay Wetzel, Jeffrey Bennett, Michael Pickford

Engineering Senior Design Reports

NASA is in the process of developing an autonomous drill for use in an unmanned mission to Mars. NASA along with Baker Hughes, Inc. (BHI) has designed a drill capable of drilling a core sample from as deep as twenty meters below the Martian surface. Since the mission is unmanned, an automated process for removal of drilled material from the drill is needed. The Trinity Tigernauts, T.N.G. design group is working on an automation system for the Mars drill that will assist in recovery of these core samples. These samples could be analyzed for signs of water and life. The …

National Identity And Liberalism In International Law: Three Models, Justin Deystone

Publications

No abstract provided.

Book Review, S. James Anaya

Publications

No abstract provided.

A Dangerous Supplement, Daria Roithmayr

Publications

No abstract provided.

Erik Satie's Ballet Parade: An Arrangement For Woodwind Quintet And Percussion With Historical Summary, Tracy A. Doyle

LSU Doctoral Dissertations

Erik Satie's ballet Parade was a historical collaboration between several of the leading artistic minds of the early twentieth century: Erik Satie, Jean Cocteau, Pablo Picasso, Léonide Massine, and Serge Diaghilev. Satie's writing for winds and percussion lends itself to an arrangement for woodwind quintet and percussion; an arrangement that keeps the spirit and essence of the work intact. This study includes a historical summary of the ballet Parade and an arrangement of the music from the ballet for woodwind quintet and percussion.

Re-Envisioning My Backyard, One Brick At A Time, Kimberly Ellen Greene

LSU Master's Theses

My work is inspired by my immediate environment. I am especially interested in places which exhibit visual evidence of history, of industrial, natural and human life and the corresponding cycles of building, abandonment, destruction and salvage. In Baton Rouge, these relationships are dramatic, the lush vegetation, birds and overwhelming presence of industry make this interplay constantly tangible. My current work began with the phenomenal concerns within the struggle of nature and industry. Newly built industry is highly ordered, the perfect symbol of not only technology, but also control. However, older industry is more chaotic, with the initial order obscured over …

Halpin On Dworkin's Fallacy: A Surreply, Michael S. Green

Faculty Publications

No abstract provided.

Non-Violation Complaints: Wto Issues And Recent Free Trade Agreements, Locknie Hsu

Research Collection Yong Pung How School Of Law

The proliferation of free trade agreements (FTAs) in the last decade has resulted in an accompanying increase in dispute settlement regimes pertaining to those agreements. One obvious consequence is that increasingly, states are exposing themselves to such complaints, and not necessarily with the limitations that have been imposed on the at General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The inherent ambiguity surrounding non-violation complaints at the WTO, and other risks relating to such complaints, are being multiplied manifold by these FTAs. The non-violation concept appears to have originated even before the GATT came into being. Developing-country FTA …

Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades

Faculty Publications

No abstract provided.

A Hundred Flowers Bloom: The Reemergence Of The Chinese Press In Post-Suharto Indonesia, Chang Yau Hoon

Research Collection School of Social Sciences

No abstract provided.

Defining (Multiple) Selves: Stories From The Field, Chang Yau Hoon

Research Collection School of Social Sciences

The ‘Self’ in late-modernity is never singular but multiplies across different discourses, practices and positions. It is constructed through difference. It is only through a relation to the ‘Other’ that the ‘Self’ can be defined. This paper endeavours to map the endless negotiations of my ‘Self’ as male Australian academic of Chinese descent, a Malaysian citizen, a Bruneian resident, and an Indonesian specialist, over a period of fieldwork in Jakarta in 2004. It discusses how I defined my multiple ‘Selves’ to different individuals and communities, how they in turn defined me, and how these constructions were always shifting. Depending on …

Fine Mapping Of Sequences Important For Fiv Rna Packaging And Their Mechanism Of Function, Akela Ahmed Mohamed Ghazawi

Theses

The mechanism by which retroviruses preferentially encapsidate their unspliced genomic RNA among millions of both spliced viral and cellular mRNAs in the cytoplasm represents a function of great specificity. This selection process requires that the genomic RNA contain packaging determinants unique to its own RNA that can interact specifically with the packaging proteins of the viral particles, the Gag polyproteins. Knowing the exact sequences involved in packaging should provide basic insights into the mechanism of preferentially encapsidating the full length genomic RNA.

We have been interested in mapping the packaging determinants of the feline immunodeficiency virus (FIV), a lentivirus that …

Effect Of Bond Thickness On Lifetime Of Adhesive Joints, Ehab Mohammed El-Said El-Refaai Shehab

Theses

The aim of this research was to study the effect of bond thickness on the fracture energy and the lifetime of an adhesively bonded system and develop a model to predict the lifetime of adhesive joints. An approach based on fracture mechanics was employed to assess aluminum/epoxy bond lifetime. An experimental investigation was carried out using double cantilever beam (DCB) specimens with various bond thicknesses under mode 1.

This study describes an approach to predict the rate of crack propagation using Paris' power law. The approach used elevated temperatures to accelerate the crack propagation under constant loads. The elevated temperatures …

Religious Processions: Urban Politics And Poetics, Lily Kong

Research Collection School of Social Sciences

In this paper, I will explore the ways in which processions, by their very visibility, foreground the relationships between the secular and the sacred, while contributing to a construction of identity and community, and simultaneously surfacing fractures therein. Using the example of multireligious yet secular Singapore, I will examine (a) the state's management of religious processions, including the regulation of time and space for such events, as well as regulations over noise production; (b) the tactics of adaptation, negotiation and resistance that participants engage in at an everyday level in response to the state's ideologies, policies, laws and strategies; (c) …

An Experience Sampling And Cross-Cultural Investigation Of The Relation Between Pleasant And Unpleasant Emotion, Christie N. Scollon, Ed Diener, Shigehiro Oishi, Robert Biswas-Diener

Research Collection School of Social Sciences

The present study examined whether the relation between pleasant and unpleasant emotion varies across cultures and level of analysis (i.e., within-person vs. between-person). A total of 386 participants included European Americans, Asian Americans, Japanese, Indian, and Hispanic students. Momentary mood was assessed up to 7 times daily for one week. At the between-persons level, pleasant and unpleasant mood were positively correlated among Asian Americans and Japanese, but were uncorrelated among the other groups. Factor correlations at the within-person level were strongly negative in all cultures, suggesting that pleasant and unpleasant feelings are rarely experienced at the same time. Implications for …

Pierre Bayle's Philosophical Commentary On The Words Of Jesus Christ: Compel Them To Come In, John Kilcullen, Chandran Kukathas

Research Collection School of Social Sciences

In this defence of religious toleration, Bayle discusses the words attributed to Jesus Christ in Luke 14:23, “And the Lord said unto the servant, Go out into the highways and hedges, and compel them to come in, that my house may be full.” Bayle contends that the word compel cannot mean “force.” From this perspective, he constructs his doctrine of toleration based on the singular importance of conscience. Bayle argues that if the orthodox have the right and duty to persecute, then every sect will persecute since every sect considers itself orthodox. The result will be mutual slaughter, something God …

Ultra Wide-Band : State Of The Art; Implementation Of A Performance-Controllable Low-Noise Amplifier, Serigne Dia, Balwant Godora, Frederic Alicalapa, Alain Fabre

Turkish Journal of Electrical Engineering and Computer Sciences

Ultra Wide-Band (UWB) transmissions exhibit performances vastly superior to existing wireless systems - superlative data-rate capacity, high security, low cost, low power consumption - and are emerging as the hottest topic of research for upcoming wireless generations. This communication protocol is studied in detail, with mention of the history and estimates for the near future; the present and possible applications are mentioned; the advantages and unresolved issues are detailed; a typical UWB transceiver architecture is studied; the modulation and coding schemes are enumerated; and the possibility of long-range communication is touched upon. Finally, a new performance-controllable low-noise amplifier (LNA) destined …

A New Cmos Differential Otra Design For The Low Voltage Power Supplies In The Sub-Micron Technologies, Alper Duruk, Hakan Kuntman

Turkish Journal of Electrical Engineering and Computer Sciences

In this study, a new CMOS differential OTRA topology is proposed. This topology can operate with a very low voltage power supply as \pm 0.6V. In this design, CMOS 0.13 \mu m STMicroelectronics technology transistor models are used for the simulations. The designed CMOS OTRA has a transresistance gain (Rm) of 7478 V/I with a 28.1 MHz bandwidth (-3 dB) and a transresistance unity-gain bandwidth of 2 GHz. To demonstrate the performance of the OTRA, designed low pass, high pass and band pass filters employing a single CMOS differential OTRA and passive elements are tested with SPICE simulation program to …

A Realization Of Sc-Cnn-Based Circuit Using Ftfn, Eni̇s Günay, Esma Uzunhi̇sarcikli, Recai̇ Kiliç, Mustafa Alçi

Turkish Journal of Electrical Engineering and Computer Sciences

In this paper, a realization of the State Controlled Cellular Neural Network (SC-CNN)-based circuit using Four Terminal Floating Nullor (FTFN) as active element is presented. In this realization, a new version of autonomous Chua's circuit has been considered using FTFN realization of SC-CNN-based circuit. The performance of the proposed SC-CNN-based circuit is demonstrated by PSpice simulations.