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Reconciling Professional Legal Education With The Evolving (Trial-Less) Reality Of Legal Practice, Julie Macfarlane, John Manwaring

Journal of Dispute Resolution

Our focus in this paper is the impact of these trends on legal education, especially professional legal education. What is undeniable is that lawyers (and judges) are more and more involved in legal tasks which are not related to trials. This does not necessarily mean that the practice of law is focused exclusively on settlement activities, although such activities are increasingly important. Pre-trial processes and procedures including motions, discovery and mandatory settlement conferences take up more time than ever before. Lawyers are playing a different role, offering different kinds of service to their clients, and performing different tasks

How Far Is Too Far: Reexamining The Continuing Extension Of Arbitral Immunity To Arbitral Organizations, Elizabeth Wilhelmi

Journal of Dispute Resolution

The protection of arbitration proceedings from judicial inquiry is restricted not only by the limited grounds for vacatur, but also by the application of arbitral immunity, a protection derived from the judicial immunity applied to judges. This immunity strengthens the finality of arbitration by restricting judicial review of decisions protected by arbitral immunity, but at the same time, it raises the question of whether courts should give arbitration the same broad immunity that protects judges. Despite the differences between arbitration and the judicial system, the courts have applied arbitral immunity to the arbitrator's acts in the same way as they …

The Bender Ii And Its Relationship With Executive Functioning And Academics, Katharine A. Warsinske

Theses

The Bender-Gestalt Test and tests of executive functioning have been linked to academic achievement. The purpose of this study was to examine the validity of the Bender II as compared to Koppitz's Developmental Scoring System (DSS), as well as to determine the relationship between the Bender II and executive functioning. A total of 82 children participated in this study. A significant correlation was found between the DSS and the Bender II, with the Bender II mean approximately 10 standard score points higher than the DSS. The Bender II was also significantly correlated with more scales on the BRIEF than the …

The Work Of Fred Troller: An Evaluative Study Of A Graphic Designer, Tara Markert

Theses

This thesis will provide a process to help graphic design scholars and historians conduct an evaluation of a designer whose work has been rarely documented within a specific design style. Through implementation of this model of research and evaluation, graphic design scholars will not only be able to identify that designer's philosophy and personal style, they will also recognize the value of studying within a specific style of graphic design. This evaluation process includes placing the work of the rarely documented designer beside the work of pioneers in this stylistic idiom in order to highlight similarities of thought, process, form …

Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Albert Yoon, Tom Baker

Vanderbilt Law Review

Although their express purpose is to adjudicate disputes, courts by their institutional design encourage civil litigants to settle their differences without resorting to trial. Most civil systems impose filing fees, pleading requirements, and a highly formalized presentation of evidence; also, because of crowded civil dockets, courts typically require litigants to wait months, or even years, for their trial date.' For these reasons, and because of the increasing costs of legal representation, it is not surprising that the majority of litigants settle before trial. Notwithstanding these measures, federal courts and most state courts have an additional mechanism to encourage settlement, generally …

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentence Discounts, Nancy A. Combs

Vanderbilt Law Review

Approximately 90 percent of all American criminal cases are disposed of by means of guilty pleas, and a large percentage of defendants brought before courts in England, Australia, and other countries that use common-law procedures likewise plead guilty. Why do substantial numbers of defendants in national criminal justice systems choose to convict themselves when they are entitled to have their guilt formally adjudicated? The widely accepted primary reason is that they receive sentencing discounts when they choose to selfconvict. Most defendants charged with domestic crimes plead guilty following a process of plea bargaining between defense counsel and prosecutors. Although plea …

Influence Of Teacher Immediacy On Student Evaluations Of Teachers In American And Chinese Classrooms, Wenli Gao

Theses

This study investigated student perspectives on teacher immediacy in American and Chinese classrooms, and the correlation between immediacy and teacher evaluation. Specific immediacy behaviors that are most associated with teacher evaluation among American and Chinese students were also examined. Two hundred seventy-seven university students responded to instruments designed to measure teacher immediacy and teacher evaluation. Chinese students perceived a lower amount of instructor nonverbal immediacy than American students, but there is no significant difference between the two groups on verbal immediacy. Significant positive correlations were found between teacher immediacy and teacher evaluation in both groups. Praising students' work and soliciting …

Hunger Strikes At Guantanamo: Medical Ethics And Human Rights In A “Legal Black Hole”, George J. Annas

Faculty Scholarship

Being Human, a collection of readings assembled by President George W. Bush's Council on Bioethics, contains a powerful description of the force-feeding of Soviet political prisoner Vladimir Bukovsky, who was on a hunger strike to protest the refusal of prison authorities to provide a lawyer for a fellow inmate who was awaiting trial:

They started feeding me forcibly through the nostril. By a rather thick rubber tube with a metal end on it. . . . The procedure will be that four or five KGB guys will come to my cell, take me to a medical unit, put a straitjacket …

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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 …

Our Law, Their Law, History, And The Citation Of Foreign Law, David J. Seipp

Faculty Scholarship

The objection to citation of foreign law in U.S. Supreme Court decisions is bad history and bad law. First, let me briefly review how the objection has come to prominence recently. On June 26, 2003, the U.S. Supreme Court decided Lawrence v. Texas, striking down a same-sex sodomy statute. Justice Antonin Scalia, in the course of his dissenting opinion, wrote that the majority's citation of foreign law was "meaningless dicta," "[d]angerous dicta."' He added that the majority's opinion was "the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda."

Respecting And Protecting The Sacred, Darlene Johnston

All Faculty Publications

In Canada, many citizens are justifiably proud of our country’s commitment to multiculturalism and respect for diversity. Cultural variations in language, art, law, and religion are not only tolerated but also celebrated. There is a growing appreciation that as human beings we share common, fundamental categories of experience, but that those experiences are mediated by and need to be understood in terms of our particular cultural contexts. Just as different cultures have different approaches to land and property, so too do traditions of sacredness vary. But respect for such variations, particularly as between Aboriginal peoples and newcomers to Canada, has …

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, …

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.

Transcending The Individualist Paradigm In Sexual Orientation Antidiscrimination Law, Holning S. Lau

Faculty Publications

No abstract provided.

Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller

Faculty Publications

No abstract provided.

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 …

What's Old Is New Again, Symposium: The Role Of Judges In The 21st Century, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Takings Jurisprudence As Three-Tiered Review, Mark W. Cordes

Faculty Articles, Papers, and Other Scholarship

Takings jurisprudence has long been and remains, in the opinion of many, a constitutional quagmire, with little in the way of predictable results or coherent principles. The Supreme Court itself has acknowledged the largely ad hoc nature of its takings analysis, emphasizing the fact-sensitive nature of takings decisions and its reluctance to articulate precise formulae in this area. Moreover, although articulating a variety of standards and tests, such as “investment-backed expectations” and “economic viability,” the Court has not clearly stated their relation to each other or their precise meanings. This has led a number of commentators to lament these unclear …

Comparison Of Food Security Status, Nutrient Intakes, Body Mass Index, And Multiple Diseases Among Self-Reported Depressed And Non-Depressed Female Food Stamp Recipients In Southeast Louisiana, Yifang Bai

LSU Master's Theses

The objectives of this study were to explore the relationships among depression and food security status, dietary nutrient intakes, sociodemographic characteristics, body mass index (BMI), and the presence of chronic diseases in a female food stamp recipient population (n = 66) in Southeast Louisiana. Women were dichotomized by stated depression and descriptive statistics on socioeconomic characteristics and mean nutrient intakes were presented for each group. Logistic regression models were used to determine the relationship of stated depression with food security status, selected sociodemographic characteristics, nutrient intakes, body mass index, and the number of chronic diseases reported. The percentage of women …

Viewing Novels, Reading Films: Stanley Kubrick And The Art Of Adaptation As Interpretation, Charles Bane

LSU Doctoral Dissertations

Greg Jenkins has observed that adaptation "is a presence that is woven into the very fabric of film culture." Although this statement is true, no definitive theory of adaptation exists. Critics and scholars ponder adaptation, yet cannot seem to agree on what makes an adaptation a success or a failure. The problem of adaptation stems from many sources. What, if anything, does a film owe the novel on which it is based? How, if possible, does a film remain faithful to its source? Is a film a version of a story or its own autonomous work of art? Who is …

Background Conglomerates In Alkan's Quasi-Faust, Op. 33, No. 2, Matthew James Steinbron

LSU Master's Theses

Various approaches have been used over the past 50 years to describe and analyze works that exhibit tonality but have more than one tonic. This paper focuses solely on a subcategory of such works: those that begin in one key and end in another, the first key being permanently replaced by the second. The most prominent systems of terminology and analysis for such works include “progressive tonality,” “directional tonality,” “interlocking structures,” and “background conglomerates.” After examining these systems, “background conglomerates” is determined to best suit works that permanently change tonics. This approach, which was introduced by Harald Krebs, employs a …

Cybertrespass And Trespass To Documents, Kevin Emerson Collins

Articles by Maurer Faculty

No abstract provided.

"Nos Frères D'Outre-Golfe": Spiritualism, Vodou And The Mimetic Literatures Of Haiti And Louisiana, Jean-Marc Allard Duplantier

LSU Doctoral Dissertations

The nineteenth-century Francophone literatures of Haiti and Louisiana are often dismissed as pale imitations of literary trends in metropolitan France. This study revisits these literatures and explores how Creole writers used borrowed ideas and imitated styles to assemble "relational" Creole identities. Two interrelated spiritual practices-the mid-century craze for "table turning" commonly known as modern Spiritualism, and the syncretistic New World religion Vodou-structured these writers' mimetic methods, enabling them to speak as, and thereby subvert the hegemony of, their cultural forebears. In France, the mid-century interest in Spiritualism provided French fantastic literature with a useful system for producing the many "revenants" …

Using Multivariate Logistic Regression Analysis To Predict Black Male Persistence At A Predominately White Institution: An Approach Investigating The Relationship Between Student Engagement And Presistence, Dewayne K. Bowie

LSU Doctoral Dissertations

This study examined the impact of student engagement on persistence decisions of Black males attending a predominately White public institution in the South. The phenomenon of Black male student persistence at predominately White public institutions is multifaceted and complex. Many Black males enter predominately White campuses lacking the requisite background and experiences deemed necessary and important to student success and persistence. The role of improving persistence is shared by many with much responsibility placed on the students and the institution. Upon entering a predominately White campus there are several institutional factors identified in research that play a critical role in …

Optimal Binary Trees With Height Restrictions On Left And Right Branches, Song Ding

LSU Master's Theses

We begin with background definitions on binary trees. Then we review known algorithms for finding optimal binary search trees. Knuth's famous algorithm, presented in the second chapter, is the cornerstone for our work. It depends on two important results: the Quadrangle Lemma and the Monoticity Theorem. These enabled Knuth to achieve a time complexity of O(n²), while previous algorithms had been O(n³) (n = size of input). We present the known generalization of Knuth's algorithm to trees with a height restriction. Finally, we consider the previously unexamined case of trees with different restrictions on left and …

The Choral Music Of Anthony Burgess And A Conductor's Study Of Four Anthony Burgess Choral Pieces, Randall L. Hooper

LSU Doctoral Dissertations

Anthony Burgess, primarily known for his literary career, was also a prolific composer. Composition and music was his first love and passion. At the present time, there is no study specifically on the choral music of Anthony Burgess and there have been only a few performances of his music. The primary goal of this paper is to consider the choral compositions of Anthony Burgess. In a comparison of the works list produced by Anthony Burgess in This Man and Music, a works list complied by Paul Phillips and the inventory of holdings in the Burgess collection at the Ransom Center, …

Grammatical Morphology Of Children Reared In Poverty: Implications For Specific Language Impairment, Sonja L. Pruitt

LSU Doctoral Dissertations

In the current study, the past tense systems of children reared in poverty were examined. Guiding the study was Rice and Wexler’s (1996) Extended Optional Infinitive (EOI) account, which makes a number of predictions about the past tense systems of children with specific language impairment (SLI). The goal of the current study was to determine if these predictions apply to other children with weak language systems, such as those reared in poverty. The participants included 15 six-year-olds from low-income backgrounds (LSES), 15 age-matched peers from middle-income backgrounds (AM), and 15 language-matched peers from middle-income backgrounds (LM). All were African American …

Labor As Property: Guestworkers, International Trade, And The Democracy Deficit, Ruben J. Garcia

Scholarly Works

In the 1914 Clayton Act, Congress declared: "The labor of a human being is not a commodity or an article of commerce." The practical reason for this section of the Clayton Act was to exempt collusion in labor negotiations from antitrust liability. The law also gave effect to the rejection of the commodification of human labor. Since the passage of the Clayton Act, developments in law and society have chipped away at the law's symbolic anti-commodification message. This paper examines the commodification of labor in the international trade and guestworker debates. Historically, the concept of "comparative advantage" in international trade …

An Analysis Of The President-Press Relationship In Solo And Joint Press Conferences In The First Term Of President George W. Bush, Susan Billingsley

LSU Master's Theses

A comparative analysis of presidential press conferences was conducted to determine whether the previously established adversarial relationship between the United States president and the American press was alleviated to some degree by the presence of a foreign dignitary. The study applied a system for quantifying adversarial behaviors exhibited by the press to questions asked of President George W. Bush in solo conferences and where he was joined by another head-of-state in joint press conference sessions. Questions from selected conferences during his first term were coded according to four indicators of adversarialness: initiative, directness, assertiveness and adversarialness. Results showed that the …