Digital Commons Network^™

Lashing Reason To The Mast: Understanding Judicial Constraints On Emotion In Personal Injury Litigation, Jody L. Madeira

Articles by Maurer Faculty

Arguing from the premise that personal injury plaintiffs and injury evidence do not taint proceedings by encouraging jurors to adjudicate based on emotion rather than evidence, this article reviews and challenges judicial attempts to constrain jurors' emotive responses to an injured plaintiff in three areas of personal injury litigation: voir dire, admissibility of evidence, and restrictions on damages arguments and assessment. The judicial abhorrence of sympathy as a ground for substantive decision making during some phases of the trial clashes with judicial tolerance of the emotion during others, giving rise to a pattern of sympathy in, sympathy out where the …

Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira

Articles by Maurer Faculty

This Article proffers a consideration of how the expression of pain impacts the interpersonal dimensions of personal injury proceedings, contesting through philosophical logic and textual analyses of case law and legal practitioners' texts the conclusion of scholars such as Elaine Scarry and Robert Cover that pain unmakes both the word and the world. Seeing pain as something that can and must be communicated, albeit in a different form than pain embodied, makes pain a much more profound force, comports with our understanding of pain as a physical yet interpersonally meaningful sensation, and has many evidentiary ramifications. Taking as its premise …

Examining Middle School Students Learning Language Arts Skills In Context, Erica L. Dinkins

LSU Doctoral Dissertations

The purpose of this study was to investigate whether the embedded language approach is effective in teaching the traditional language arts curriculum, and whether it holds any advantages over the more traditional approach. Twelve teachers in ten different schools taught language skills using the embedded language approach, while twelve matched teachers explicitly taught the same skills using traditional workbook practice activities for six weeks. Treatment efficacy was assessed using gain scores between pretest and posttest using a battery of informal and standardized measures. In addition, weekly comprehension probes were administered to examine whether language arts skills taught during the week …

Hurricane Katrina: A Content Analysis Of Media Framing, Attribute Agenda Setting, And Tone Of Government Response, Brigette Lynn Brunken

LSU Master's Theses

This study content analyzed print media coverage of government response from four newspapers in the five weeks immediately after Hurricane Katrina, looking for common frames, attribute agenda setting, and tone. In addition, it assessed week-to-week differences throughout coverage. Findings indicate that the order of Semetko and Valkenburg's (2000) common frames changed, emphasizing human interest first. Conflict, attribution of responsibility, economic consequences, and morality frames followed. Media's use of attribute agenda setting was evident throughout coverage, primarily emphasizing the issues, relief and rescue, economic, negative timeliness, and rebuilding and repairing. Media's tone of government response was moderately neutral with federal tone …

Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes

UC Law Journal

Geographical Indications (GIs) are terms for foodstuffs that are associated with certain geographical areas. The law of GIs is currently in a state of flux. Legal protection for GIs mandated in the TRIPS Agreement is implemented through appellations law in France and through certification mark systems in the United States and Canada. This Article first examines the state of GIs throughout the world. The author then turns to the continuing debate between the European Union and other industrialized economies over this unique form of intellectual property. The European Union claims that increasing GI protection would aid developing countries, but, in …

Ontology-Based Methodology For Error Detection In Software Design, Allyson M. Hoss

LSU Doctoral Dissertations

Improving the quality of a software design with the goal of producing a high quality software product continues to grow in importance due to the costs that result from poorly designed software. It is commonly accepted that multiple design views are required in order to clearly specify the required functionality of software. There is universal agreement as to the importance of identifying inconsistencies early in the software design process, but the challenge is how to reconcile the representations of the diverse views to ensure consistency. To address the problem of inconsistencies that occur across multiple design views, this research introduces …

The Abc's Of Hiv: When "Just Say No" Is Not Enough-Queer Critique Of Aids Policy, Lisa Laura Ladwig

LSU Master's Theses

This paper will critique the United States' AIDS policy, both domestic and international. I demonstrate how queer theorists have used Jacques Lacan's concepts of "jouissance" and the "unconscious desire" to suggests ways in which the current policy has dangerous implications for real people, for public health, and human rights. I reveal how the problem of rising HIV infection is not due to the lack of availability of safer-sex information, but rather it is a problem of execution: the Religious Right's ideology inscribed in our public health policy. Finally, I wish to expose how people in this country and others are …

Anti-Americanism: An Exploration Of A Contested Concept In Western Europe, Gregory Johnston

LSU Doctoral Dissertations

Despite its popular currency and salience, anti-Americanism is understudied and misunderstood by social scientists. Even within academia, studies of anti-Americanism are often polemic, and logically or methodologically flawed. Focusing on Western Europe, we argue that anti-Americanism is a public opinion phenomenon, and present a definition of anti-Americanism based on social psychology, and demonstrate how cognitive psychological processes shape anti-Americanism. We outline several predictors of anti-Americanism, processes of internal cognition, responses to international political events, patterns of interpersonal communication and information diffusion, and the contextual role of ideology. We also observe the important implications European anti-Americanism has for support international institutions, …

Zachary Richard's "Faire Récolte": A Translation From The French, Michael D. Bierschenk

LSU Master's Theses

In the second half of the twentieth century, the Cajun language, which had been entirely oral for most of its history, began to emerge as a productive literary language. One of the prominent new authors of the period was Zachary Richard, also an important Cajun musician. One of his collections of poetry, Faire récolte (Les Éditions Perce-Neige, 1997), is translated here. This thesis also includes a translator's note that briefly explores the broad themes of the poems and the methods used in translating them.

Green Theatre: Proto-Environmental Drama And The Performance Of Ecological Values In Contemporary Western Theatre, Kurt Gerard Heinlein

LSU Doctoral Dissertations

The aim of this study is to illustrate the purpose and potential of theatre that promotes a proto-environmental agenda, or Green Theatre, in re-orienting Western behavior and mores in a direction that creates positive socio-environmental change. In correlation, this dissertation will examine the objectives and performance modes of several educational and professional theatre entities that house a distinctly unique Green agenda. The primary performances featured will include Peter Schumann’s Bread and Puppet Theatre, Blue Man Group’s Tubes, performances by Koko the signing lowland gorilla, and Playmakers of Baton Rouge’s production of Habitat Cats.

Verb Aquisition In Students Of English As A Second Language: Language Learning Background And Attitudes, Erin Kyles Rogers

LSU Master's Theses

In order to determine how learner background and learner attitudes affected English as a Second Language students’ verb production, eleven ESL learners participated in both oral and written tasks. They were given written surveys to determine what was emphasized more in learning English in their home countries: speaking or writing. Another survey was administered to determine which of these activities that they liked best. Next, the subjects watched a movie clip, wrote about it, and then spoke about it. Their written and spoken total amount of verbs produced and total amount of verbs used correctly were compared and analyzed to …

Writing As A Cultural Negotiation: A Study Of Mariama Bâ, Marie Ndiaye And Ama Ata Aidoo, Catherine Afua Kapi

LSU Doctoral Dissertations

Critical review of the existing literature on African women writers clearly shows that nowhere is the question of writing as a cultural negotiation posed, discussed or much less addressed. This is a lacuna that this dissertation addresses for the first time by proposing a re-reading of the selected works of Ama Ata Aidoo, Mariama Bâ and Marie NDiaye through the new prism of writing as part of cultural negotiation. In doing so, the dissertation goes beyond the paradigm of binary oppositions that undergirds the critical literature on writing by Sub-Saharan women in favor of the innovative concept of negotiation. In …

Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller

Scholarly Works

Austin v. Loral, 29 N.Y.2d 124 (1971), is a favorite among Contracts casebooks because the New York Court of Appeals held that it was a "classic" example of economic duress. It involved Austin, a small gear part manufacturer, who had entered into a subcontract to provide gear parts to Loral, a publicly-traded defense industry supplier. Loral had a contract with the U.S. government to supply radar sets, to be used in the U.S. efforts in Vietnam. Midway through performance of the subcontract, Austin apparently refused to continue to deliver the gear parts unless Loral acceded to certain demands, which included …

Judges As "Amateur Scientists", David L. Faigman

Faculty Scholarship

No abstract provided.

Fact And Fiction: Writing The Difference Between Suicide And Death, John Carvalho

Contemporary Aesthetics (Journal Archive)

Did Michel Foucault die of AIDS or did he kill himself? Did he knowingly infect others in the bath houses in San Francisco or was he unaware that he was ill and of how less-than-safe sex could spread the same virus that infected him? What did he know about AIDS/HIV and what do we know about what he knew? Answers to these questions are ambiguous. This is due, in part, to the culture of homosexuality and the cultural response to AIDS/HIV at the time. It is also due to the conflicting reports about what Foucault knew, and when, in the …

A Phenomenological Aesthetic Of Cinematic 'Worlds', Christopher Yates

Contemporary Aesthetics (Journal Archive)

Contemporary film aesthetics is beset by difficulties arising from the medium itself and the bewildering itinerary of film theory. Inspired by Martin Heidegger's hermeneutical vision in "On the Origin of the Work of Art" (1935), my essay seeks to overcome this paralysis by grounding the aesthetic value of cinematic art in its ability to "disclose the world" through a convergence of artist and viewer intentionalities. Stanley Cavell has gone far by exploring a corresponding "natural relation" between philosophy and cinema, but his work assumes an ontological discourse without an appropriate phenomenological method. I contend that Mikel Dufrenne's phenomenology of aesthetic …

The Special And General Theory Of Realism: Reply To Abell, Armstrong, And Mcmahon, Dominic Lopes

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Are Respiratory Behaviors Affected In Individuals With Adductor Spasmodic Dysphonia?, Katie Biedess

USF Tampa Graduate Theses and Dissertations

Adductor spasmodic dysphonia (ADSD) is a focal dystonia that is characterized by voice breaks due to involuntary contractions of the adductor muscles of the vocal folds. These spasms can interfere with the coordination and balance of the respiratory and phonatory systems interfering with normal voice production. Disruptions in normal respiratory behaviors are well documented in inviduals with laryngeal disorders, including ADSD. Previous research regarding respiratory processes in ADSD has focused on airflow and pressure; however, there are many other parameters that have not been considered and may shed new light on the respiratory behaviors of individuals with ADSD. Therefore, the …

Arts In New Directions The Development And Application Of A Construct That Uses The Arts To Promote Transformation And Self-Actualization In Health Care And Education/Therapy, Alexxis Avalon

USF Tampa Graduate Theses and Dissertations

Artistic methods to evoke relaxation, spark creativity, and change self-perceptions are already being used by therapists, educators, and scientists. Interdisciplinary collaborations among researchers are developing to create new paradigms that incorporate the use of arts to empower individuals. By describing various connections between the arts and participants, researchers are looking at the expressive arts (including dance, music, drama, poetry, and visual arts) for transformation and self-actualization.The problem is that no construct is available to describe the transformation, "the conscious move from one deep structure of knowledge to another" (Wilber, 2004), that occurs when using the arts in health care and …

The Effects Of Multimedia Annotations On L2 Vocabulary Immediate Recall And Reading Comprehension: A Comparative Study Of Text-Picture And Audio-Picture Annotations Under Incidental And Intentional Learning Conditions, Zhaohui Chen

USF Tampa Graduate Theses and Dissertations

This dissertation investigated the effects of multimedia annotation on L2 vocabulary learning and reading comprehension. The overarching objective of this study was to compare the effects of text-picture annotation and audio-picture annotation on L2 vocabulary immediate recall and reading comprehension. This study also sought to examine the different effects under incidental and intentional learning conditions. The participants were 78 intermediate adult ESL learners from three universities in northwest U.S. The participants read an Internet-based English text. Twenty target words, annotated in either text-picture or audio-picture, were embedded in the reading text. The participants accessed the annotations by clicking on the …

The Influence Of Performance Background On Instrumentalists’ Ability To Discriminate And Label Cornet And Trumpet Timbre, Gary Compton

USF Tampa Graduate Theses and Dissertations

This study was an examination of timbre discrimination and labeling, with specific consideration of the soprano-brass timbres of cornets and trumpets. This study sought to determine whether instrumentalists differed in their ability to label and discriminate cornet and trumpet timbres, and whether these abilities were influenced by the instrumentalists' performing instrument and years of playing experience. Wind, brass and percussion players (n=100) from existing instrumental groups in the Tampa Bay area participated in the study. These groups were collegiate trumpet majors from a large public university school of music, a collegiate wind ensemble from a private university, and a brass …

Behavioral And Auditory Evoked Potential (Aep) Hearing Measurements In Odontocete Cetaceans, Mandy Lee Hill Cook

USF Tampa Graduate Theses and Dissertations

Bottlenose dolphins (Tursiops truncatus) and other odontocete cetaceans rely on sound for communication, navigation, and foraging. Therefore, hearing is one of their primary sensory modalities. Both natural and anthropogenic noise in the marine environment could mask the ability of free-ranging dolphins to detect sounds, and chronic noise exposure could cause permanent hearing losses. In addition, several mass strandings of odontocete cetaceans, especially beaked whales, have been correlated with military exercises involving mid-frequency sonar, highlighting unknowns regarding hearing sensitivity in these animals.Auditory evoked potential (AEP) methods are attractive over traditional behavioral methods for measuring the hearing of marine mammals because they …

Fuzzy Logic In Process Control: A New Fuzzy Logic Controller And An Improved Fuzzy-Internal Model Controller, Yohn E. Garcã­A Z.

USF Tampa Graduate Theses and Dissertations

Two fuzzy controllers are presented. A fuzzy controller with intermediate variable designed for cascade control purposes is presented as the FCIV controller. An intermediate variable and a new set of fuzzy logic rules are added to a conventional Fuzzy Logic Controller (FLC) to build the Fuzzy Controller with Intermediate Variable (FCIV). The new controller was tested in the control of a nonlinear chemical process, and its performance was compared to several other controllers. The FCIV shows the best control performance regarding stability and robustness. The new controller also has an acceptable performance when noise is added to the sensor signal. …

Calling All Learners: An Explanatory Integrative Research Study Of Efl Learner-Learner Corrective Feedback Patterns Within On-Line Synchronous Environments, Annmarie Gorenc Zoran

USF Tampa Graduate Theses and Dissertations

This mixed methods research study centers on learner-learner interactions; thus, contributing to the on-going investigation within negotiation and interaction, computer-mediated-communication and its role in second language learning. The specific aim was to investigate corrective feedback types, incidences, and the relationship between error and feedback type among peers within online synchronous environments in EFL classes in Slovenia, Europe. Interactional characteristics of corrective feedback with learners having a documented special need (SN) also were explored using qualitative analyses. The study encompassed 208 students that were randomly placed into 104 dyads within intact classes of Grades 7, 8, 10, and 11. There were …

The Signature Poetics Of Sharon Olds And John Cage, Walter E. Lewallen

USF Tampa Graduate Theses and Dissertations

This dissertation studies and applies the signature theory of Jacques Derrida to two American poets, Sharon Olds and John Cage. I begin by looking at the two texts by Derrida that most closely apply signature theory to poetics: Glas and Signsponge. Along the way, I narrow the scope of Derrida's writing somewhat by focusing on psychoanalytic aspects that relate to Jacques Lacan's ideas and to the concept of the superego. From this work I isolate some protocols for reading, which are then used to study Olds and Cage, two poets who have clearly developed their own signature styles. Here are …

Future Foreign Language Teachers' Social And Cognitive Collaboration In An Online Environment, Nike Arnold, Lara Ducate

Applied Linguistics Faculty Publications and Presentations

Discussion boards provide an interactive venue where new and future language teachers can reflect, evaluate, solve problems or simply exchange ideas (e.g., Bonk, Hansen, Grabner-Hagen, Lazar, & Mirabelli, 1996; DeWert, Babinski, & Jones, 2003; Kumari, 2001; Pawan, Paulus, Yalcin, & Chang, 2003). In addition, encouraging future teachers to learn with technology before teaching with it allows them to become comfortable using various computer applications.

This article examines transcripts from a semester-long asynchronous discussion between foreign language methodology classes at two different universities. Social and cognitive presence in the discussions was analyzed using Garrison, Anderson, and Archer's Framework of a Community …

Examining The Characteristics Of Teachers In A Master Of Arts In Teaching (Mat) Program In Varying Exceptionalities: Responding To The “Highly Qualified” Teacher Mandate, Erica Djuan Mccray

USF Tampa Graduate Theses and Dissertations

The No Child Left Behind Act of 2001 (2002) mandated that every teacher be highly qualified by the close of the 2005-2006 school year. However, the means by which newly certified teachers are prepared has been questioned. In addition to understanding how teachers enter the field, researchers have indicated a vested interest in examining who comes into the field. More specifically, the characteristics and experiences of pre-service and in-service special educators are of great interest (McKlesky & Ross, 2003; Rosenberg & Sindelar, 2001). The present study examined the characteristics of six teachers in the final internship phase of a Master …

The Ethics Of The Spirit In Galatians: Considering Paul’S Paranesis In The Interpretation Of His Theology, Steven Douglas Meigs

USF Tampa Graduate Theses and Dissertations

The faith versus works dichotomy that has been a foundation of Protestant Christianity for centuries is derived in large part from a flawed understanding of Paul's theology in the epistles to the Galatians and Romans. In the wake of WWII, scholars began reexamining Pauline theological constructs and proposing new ways of understanding Paul's arguments regarding faith and works. James D. G. Dunn dubbed this dialogue the "new perspective." This paper will contribute to one particular aspect of new perspective dialogue: understanding the relation of the paranetic material in the final two chapters of Galatians to Paul's theological arguments in the …

Pediatric Healthcare Providers’ Screening Practices: Impact Of Training On Early Identification Of Autism, Aja M. Meyer

USF Tampa Graduate Theses and Dissertations

This study explored the effectiveness of the Autism System of Care (ASC) trainings by measuring change in pediatric healthcare providers' method of identifying young children at-risk for autism spectrum disorders. The majority of participants were pediatricians working in either hospitals or clinics who voluntarily participated in the training. A pretest-posttest nonequivalent-groups design was used in this study. Pre- and post-test questionnaires were used to measure change in participants' screening practices. Due to a small number of participants, most findings from the study were not statistically significant. The small number of healthcare providers who participated in the ASC training was a …

Multicultural Education And Cultural Competence In The High Accountability Era: A Study Of Teacher Perception, Jennifer Morley

USF Tampa Graduate Theses and Dissertations

As America's public schools become more diverse, the achievement gap between white students and students of color persists. These gaps are even more apparent in urban areas that serve large numbers of poor students of color. Because the population of aspiring teachers is increasingly white and middle class, theorists and teacher trainers often recommend multicultural education as a solution to working successfully in these schools. Multicultural education theorists claim that their suggestions for K-12 practitioners have not been infused into classrooms and schools, and so maintain that additional training opportunities should be provided for teachers. Although there is ample literature …