Digital Commons Network^™

Patent Buy-Outs For Global Disease Innovations For Low- And Middle-Income Countries, Kevin Outterson

Faculty Scholarship

Drug prices are uniquely susceptible to radical price reductions through generic competition. Patented pharmaceuticals may be priced at more than 30 times the marginal cost of production; the excess is the patent rent collected by the drug company while the patent and exclusive marketing periods remain. Patent rents are significant. AIDS drugs which sell for US$10,000 per person per year in the US are sold generically for less than US$200. If patented drugs could be sold at the marginal cost of production, cost effective treatments would become even more attractive, and other interventions would become affordable.

This Article proposes marginal …

A Restatement (Third) Of Intentional Torts?, Kenneth Simons

Faculty Scholarship

Some intentional tort doctrines have developed in intriguing ways since the Restatement Second was published, and other doctrines remain contentious or obscure. For example, disagreement persists about whether the tort of battery requires merely the (single) intent to make a nonconsensual contact, or the (dual) intent both (1) to contact and (2) either to harm or to offend. The single intent view is much more plausible; the dual intent view cannot make much sense of the liability of well-intentioned doctors for battery if they exceed the patient's consent, or the liability of pranksters, or the well-accepted doctrine of apparent consent. …

The Jeffersonian Treaty Clause, Gary S. Lawson, Guy Seidman

Faculty Scholarship

The Treaty Clause of the federal Constitution declares that the President "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." The consensus of doctrine, history, and scholarship, exemplified by the holding in Missouri v. Holland, 252 U.S. 416 (1920), is that the Treaty Clause affirmatively grants to the President and Senate a free-standing, quasi-legislative power that contains no internal constitutional limitations. Thomas Jefferson notably disagreed. Jefferson viewed the treaty power as a purely implementational power that could only be used to effectuate other federal powers. …

Family Constitutions And The (New) Constitution Of The Family, Linda C. Mcclain

Faculty Scholarship

This article looks at a topic that has received little attention in the legal literature: constitution making by families. Of what interest is it to constitutional law and family law, and to those interested in the state of the family, that families undertake to draft - and are urged by assorted experts on the family to draft - family constitutions (by analogy to the U.S. constitution) and family mission statements (by analogy to corporate mission statements)? This article contends that this reported trend is a fruitful topic of inquiry, since it bears on important questions about the dynamics of family …

Some Abcs Of Feminist Sex Education (In Light Of The Sexuality Critique Of Legal Feminism), Linda C. Mcclain

Faculty Scholarship

This essay offers some ABCs for a framework for sex education informed by feminist and liberal principles, in contrast to the conservative sexual economy underlying abstinence-only sex education. It embraces affirmative governmental responsibility to foster sexual and reproductive agency and responsibility and stresses the aims of capacity, equality, and responsibility. An adequate program of sex education should also address how gender role expectations and stereotypes may stand in the way of adolescents developing capacities for responsible self-government and acquiring a sense of personal agency with respect to intimacy and sexuality. The Essay then evaluates such a feminist project in light …

"God's Created Order", Gender Complementarity, And The Federal Marriage Amendment, Linda C. Mcclain

Faculty Scholarship

Does marriage, in the United States, need the protection of an amendment to the federal constitution, which would enshrine marriage as only the union of a man and a woman? In answering "yes" to this question, sponsors and supporters of the Federal Marriage Protection Amendment (FMPA), in the House of Representatives and the Senate, have made various appeals to the gender complementarity of marriage: (1) opposite-sex marriage is part of "God's created order;" (2) procreation is the purpose of marriage and has a tight nexus with optimal mother/father parenting; (3) marriage bridges the "gender divide" by properly ordering heterosexual desire …

What The Right Of Publicity Can Learn From Trademark Law, Stacey L. Dogan, Mark A. Lemley

Faculty Scholarship

The right of publicity gives people the right to control the use of their name and likeness for commercial purposes. For years, courts have struggled to make sense of two dimensions of this right - what it means to use a name or likeness commercially, and what aspect of a person's likeness are protected against appropriation. In the absence of any clear theoretical foundation for the right of publicity, the meanings of these terms have steadily swelled, to the point at which virtually any use that brings financial benefit to someone by referencing an individual qualifies as a violation of …

The Aeolian Flux Of Calcium, Chloride And Nitrate To The Mcmurdo Dry Valleys Landscape: Evidence From Snow Pit Analysis, Rebecca A. Witherow, W. Berry Lyons, Nancy A. Bertler, Kathleen A. Welch, Paul A. Mayewski, Sharon B. Sneed, Thomas H. Nylen, Michael J. Handley, Andrew G. Fountain

Geography Faculty Publications and Presentations

We have determined the flux of calcium, chloride and nitrate to the McMurdo Dry Valleys region by analysing snow pits for their chemical composition and their snow accumulation using multiple records spanning up to 48 years. The fluxes demonstrate patterns related to elevation and proximity to the ocean. In general, there is a strong relationship between the nitrate flux and snow accumulation, indicating that precipitation rates may have a great influence over the nitrogen concentrations in the soils of the valleys. Aeolian dust transport plays an important role in the deposition of some elements (e.g. Caý?) into the McMurdo Dry …

Corporate Social Accountability Standards In The Global Supply Chain: Resistance, Reconsideration And Resolution In China, Li-Wen Lin

All Faculty Publications

This Article provides a view on corporate social accountability standards from a Chinese perspective, a slightly different angle from that of legal scholars in the United States. The legal literature in the United States typically only focuses on the importance and effectiveness of corporate social accountability standards to regulate the conduct of multinational companies in the era of globalization. However, the views of the outsourced companies in the developing countries on which the multinational companies impose the standards have seldom received attention. This Article tries to fill this void by examining the situation in China. As shown in this Article, …

Educating The Total Jurist?, W. Wesley Pue

All Faculty Publications

This paper discusses a discontinuity between the ways in which legal education has historically sought to reconstruct the soul of lawyers-in-training and the contemporary conceit that legal education can be value-free. It identifies a gap between early 21st century narrowly technocratic approaches to legal professionalism - epitomized by Enron professionalism and earlier conceptions of lawyering. A desire to instill a moral sensibility in apprentice lawyers weighed heavily in an earlier generation's thinking about legal education everywhere in the common law world, giving rise to the programmes, schemes, and imaginings that provided templates for contemporary university legal training. With surprising consistency, …

Why The Catholic Majority On The Supreme Court May Be Unconstitutional, Symposium On Catholicism And The Court, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt

Faculty Publications

No abstract provided.

Assessing The Harms Of Noncompliance With The International Covenant On Civil And Political Right's Protections Of Sexual Minorities, Holning S. Lau, The Williams Institute

Faculty Publications

No abstract provided.

Effects Of An External Field And Dissipation On Decoherence, Jian Zuo

LSU Doctoral Dissertations

Decoherence is the suppression of the interference of quantum states. It plays important roles in the study of the quantum-classical transition. It is also the major obstacle in the implementation of various schemes of quantum computers. Decoherence can be affected by many factors. The interactions between quantum systems of interest and dissipative environments cause the extensively studied environment-induced-decoherence. Decoherence can also occur as the result of a temperature effect. A recent experiment investigated the engineering of decoherence, which involves applying an external field to the quantum system. In this thesis, we study the effect of an external field on decoherence …

Factors That Influence Traditional-Age, High-Achieving Students To Enroll At A Research-Extensive University In The Southern Region Of The United States, Roy Cleveland Brooks, Jr.

LSU Doctoral Dissertations

The primary purpose of this study was to determine if a model existed that significantly increased the researcher's ability to accurately explain the enrollment status of high-achieving freshmen based on the influence of selected demographic and academic characteristics. Since World War II, the need for students to obtain an outstanding postsecondary education in order to compete for the best positions in today's job market has become increasingly important. Thus, the need exists for higher education institutions to offer competitive academic programs that will attract top students and faculty. Since the number of graduating high school students is predicted to decline …

Using Web Sites To Achieve Organizational Goals: Are Nonprofits Doing It Right?, Alisha Nicole Tillery

LSU Master's Theses

This study examines how and to what extent nonprofit organizations are using their Web sites to fulfill their organizational goals and missions through volunteerism and fundraising. Through in-depth interviews of communication/public relations managers and executive directors at nonprofit organizations new information reveals factors that negatively affect nonprofits organizations’ growth in Web site development and technology, as well as those factors that push nonprofits to break the digital divide. Four nonprofit organizations that provide youth services in Memphis, Tennessee were selected.

A Day In The Parc: An Interactive Qualitative Analysis Of School Climate And Teacher Effectiveness Through Professional Action Research Collaboratives, Shannon Lasserre-Cortez

LSU Doctoral Dissertations

This study examines the effects Professional Action Research Collaboratives (PARCs) have on several variables including teacher effectiveness, school effectiveness, and school climate. Mixed methods including Interactive Qualitative Analysis and non-parametric Mann Whitney U statistics were used to explore these effects. PARC participation was found to have no significant effect on school climate or teacher effectiveness; however, PARC Schools demonstrated higher school effectiveness scores than Comparison Schools. This project also generated a systems relationship diagram of school climate in PARC schools using Interactive Qualitative Analysis, and this paper offers a criticism of this fledgling method of data collection and analysis. There …

Study Of Reliable Data Communication In Wireless Sensor Networks, Ravilochan Shamanna

LSU Master's Theses

A distributed wireless sensor network consists of numerous tiny autonomous sensing nodes deployed across a wide geographical area. These sensor nodes self organize and establish radio communication links with the neighboring nodes to form multi-hop routing paths to the central base station. The dynamic and lossy nature of wireless communication poses several challenges in reliable transfer of data from the sensor nodes to the sink. There are several applications of sensor networks wherein the data collected by the sensors in the network are critical and hence have to be reliably transported to the sink. An example of such an application …

Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara A. Fedders

Faculty Publications

No abstract provided.

Body Image And Expected Future Interaction, Alecia M. Santuzzi, P.L. Metzger, J.B. Ruscher

Faculty Articles, Papers, and Other Scholarship

This study examined impression formation as a function of anticipated future social interaction among women with varying body image perceptions. Seventy-four women participated in a getto- know-you interview with a female confederate, and either did or did not anticipate additional interaction. When participants anticipated future interaction, more negative body image predicted less positive relationship expectations. However, when not expecting future interaction, negative body image predicted positive relationship expectations. This effect was partially mediated by an increased focus on the self and partner as a collective unit. Results suggest a qualification to previous research conclusions about negative interpersonal perceptions among stigmatized …

American General Jurisdiction Trial Courts: New Visions, New Guidelines, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

Today, American trial courts are trying less and managing more private civil cases. They are also losing many private claims to other dispute resolvers. The traditional role of the trial judge as a neutral, detached, and passive adjudicator for private civil cases has given way to the trial judge who is a more active case manager, a more aggressive settlement facilitator, and an appellate-type reviewer of case decisions first made elsewhere. Unfortunately, contemporary written civil procedure laws do not reflect this new reality, increasingly reflecting only legend. New general visions of contemporary trial court decision making would help civil procedure …

Integration Of Conceptual Mathematical Relationships Into Constant Time Delay Instruction, Bethany Ann Porter

LSU Master's Theses

There is constant debate over mathematics education in the United States. One central controversy is whether or not the current methods used to teach students mathematics are effective. Some scholars believe that students are not getting enough practice and that they are not getting a good conceptual understanding of mathematics. It has been shown that mathematics equations are rich in patterns and inter-relationships and when children understand these relationships they have higher mathematic skill levels than their peers who do not. This study examined the effectiveness of using an empirically supported, fast paced mastery oriented teaching procedure that promotes automaticity …

Level Of Youth Voice In The Decision-Making Process Within The 4-H Youth Development Program As Perceived By State 4-H Program Leaders, State 4-H Youth Development Specialists, And 4-H Agents/Educators, Todd Anthony Tarifa

LSU Doctoral Dissertations

This study aimed at determining the level of inclusiveness of youth voice in the decision-making process in the 4-H youth development program. It described the 4-H program’s position on youth voice among State 4-H Program Leaders, 4-H State Youth Development Specialists, and 4-H Youth Agents/Educators. The information gathered was utilized in identifying the level of inclusiveness of youth voice in the decision-making process to better understand how to suit youth’s needs, identify promising practices, and barriers. Three underlying constructs were identified that represented State 4-H Program Leader’s, 4-H Youth Development Specialist’s, and 4-H Agent’s/Educator’s personal views on youth voice in …

Finding A Right To The City: Exploring Property And Community In Brazil And In The United States, Ngai Pindell

Scholarly Works

Increasing poor people's access to property and shelter in urban settings raises difficult questions over how to define property and, likewise, how to communicate who is entitled to legal property protections. An international movement - the right to the city - suggests one approach to resolving these questions. This Article primarily explores two principles of the right to the city - the social function of property and the social function of the city - to consider how to better achieve social and economic justice for poor people in urban areas. Using Brazil as one example of a country incorporating these …

Resolving Civilian-Police Complaints In New York City: Reflections On Mediation In The Real World, Raymond W. Patterson

Scholarly Works

The Civilian Complaint Review Board mediation program associated with the New York City Police Department appears to be an attractive alternative to the investigative process offered to complainants, offering the possibility of a higher level of satisfaction for both the civilian and the police officer. According to the scheme devised by the agency and the NYPD, cases that meet mediation guidelines should move smoothly from investigations through the approval process, coming to a scheduled mediation in a timely manner. Complaints containing some factor making them inappropriate for mediation should be able to be identified during that approval process, thus ensuring …

The Effects Of Perceptions On Consumer Acceptance Of Genetically Modified (Gm) Foods, Jae-Hwan Han

LSU Doctoral Dissertations

This study investigates the effects of risk/benefit beliefs on consumer purchase intentions for genetically modified (GM) foods. A random, national, mail survey is conducted. Three main problems are addressed in the study. The first problem addressed is to analyze the relationship between consumers risk/ benefit beliefs regarding GM foods, and their willingness to buy GM crop and meat products. The second problem deals with linkages between a consumer’s risk/benefit beliefs about GM foods and willingness to pay (WTP) for GM foods with a benefit disclosure. The third problem addressed is to test a causal relationship between knowledge and trust toward …

Consumer Expectation Formation In Health Care Services: A Psycho-Social Model, Kenneth Randall Russ

LSU Doctoral Dissertations

A psycho-social model of consumer expectation formation in a health care services context was developed and tested. A field study involving obstetrical patients (n=171) at a large women’s specialty hospital in the southeast was conducted. Initial support for the structural model which posits that consumer expectations in health care services are multidimensional involving role, process, outcome, and service quality was found. Furthermore, the research identified that the uncertainty of a health service encounter may cause certain consumer segments to choose coping strategies and expectation processes based on their locus of control orientation from along a continuum ranging from “approach-active” to …

The Discursive Practices Of Chemical Discipline, Roger L. Pippin

LSU Master's Theses

This project examines the history of science and its relationship to the popular, or lay, audience, a problem of rhetorical inquiry since Aristotle. This project also explores the implications of the emerging trend in lay literature on Attention Deficit Hyperactivity Disorder (ADHD) to transform the causal mechanism underlying ADHD so that it is isomorphic in structure and parallel in content to the most contemporary and fetishized sciences of the human body. In other words, how ADHD was once a problem of brain chemistry, and is now a problem of genetics is not simply a matter of scientific practice on the …

Cybertrespass And Trespass To Documents, Kevin Emerson Collins

Articles by Maurer Faculty

No abstract provided.

A Conductor's Study Of Ruth Watson Henderson's Voices Of Earth, Ryan Jeffrey Hebert

LSU Doctoral Dissertations

Ruth Watson Henderson (b. 1932) has become one of Canada’s most prolific composers. She began her music study at a very early age and her career as a performer prospered as she received many awards and honors throughout her life. Her accomplishments as a performer and composer are numerous. Her work as the accompanist for the Toronto Children’s Choir has led to many pieces for children’s voices, and her involvement in church music as an organist has resulted in many sacred compositions for mixed choir. This research presents a brief biographical introduction of Ruth Watson Henderson and a conductor’s analysis …