Digital Commons Network^™

Uncovering Bacterial Diversity On And Below The Surface Of A Hyper-Arid Environment, The Atacama Desert, Chile, Danielle Rene Bagaley

LSU Master's Theses

The Atacama Desert in Chile extends from latitudes 17º S to 28º S between longitudes 69º W and 71º W. It has been reported that surface soils in the hyper-arid region contain low numbers of culturable heterotrophic bacteria. These soils are considered Mars-like and offer an ideal setting to investigate the application of life detection systems. Thirty-three surface sites were sampled to examine further the extent of the hyper-arid region. We also excavated four soil pits, 40 cm to 90 cm in depth, to explore subsurface microbial communities. One pit was dug in a southern region of the desert compared …

Resistance On The Imperial Terrain: Constructing A Counter-Empire In Paul Beatty’S The White Boy Shuffle, Brian Grosenbaugh

Graduate Student Theses, Dissertations, & Professional Papers

Paul Beatty’s The White Boy Shuffle ostensibly proffers a new model for black leadership, a role filled by the protagonist, Gunnar Kaufman. Yet the cheeky tone with which Gunnar as frame narrator characterizes such a leader, likening his position as leader of black America to that of a Negro Demagogue and Ebon Pied Piper, immediately casts into doubt the ability of and desirability for a single person to represent such a wide spectrum of particular entities. Instead, what becomes clear is that such a reductive form of representation serves only to stifle the multivalent reality of postmodern life. As Gunnar …

Herman Melville, Hannah Crafts And Access To Authorship: The Germination Of International Copyright Law In Antebellum America, Lydia A. Willoughby

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Intellectual Property Law, David L. Mccombs, Phillip B. Philbin

SMU Law Review

No abstract provided.

Brief Amici Curiae In Support Of Respondent, Phillip Morris, Usa, Neil Vidmar

Faculty Scholarship

Brief of Neil Vidmar, et al. Amici Curiae in support of Respondent, Phillip Morris, USA v. Williams, No. 15-1256 (U.S. Supreme Court, September 15, 2006) In Williams v. Philip Morris (1999) an Oregon jury awarded the plaintiff $800,000 in compensatory damages and $79.5 million in punitive damages, a verdict upheld by the Oregon Supreme Court, but appealed to the U.S. Supreme Court (oral argument set for Oct 31, 2006). Critics of punitive damages argue that (a) juries are incompetent, irrational or biased in awarding punitive damages and (b) judges and appellate courts fail to police excessive verdicts. This amicus brief …

Harnessing And Sharing The Benefits Of State Sponsored Research, Arti K. Rai, Rebecca S. Eisenberg

Faculty Scholarship

In recent years data-sharing has been a recurring focus of struggle within the scientific research community as improvements in information technology and digital networks have expanded the ways that data can be produced, disseminated, and used. Information technology makes it easier to share data in publicly accessible archives that aggregate data from multiple sources. Such sharing and aggregation facilitate observations that would otherwise be impossible. But data disclosure poses a dilemma for scientists. Data have long been the stock in trade of working scientists, lending credibility to their claims while highlighting new questions that are worthy of future research funding. …

Eu Law As Private International Law? Re-Conceptualising The Country-Of-Origin Principle As Vested Rights Theory, Ralf Michaels

Faculty Scholarship

One of the most pertinent issues in contemporary European conflict of laws is the tension between Community law and traditional choice of law rules. The biggest problem comes not from the transposition of member state rules on choice of law into methodologically comparable EC Regulations, but rather from the so-called country-of-origin principle. This principle holds, broadly, that EU member states may not impose obligations on a provider of goods and services that go beyond the obligations imposed by the provider's home state. Originally conceived mainly with public law obligations in mind, the principle has an impact on choice of law …

The Oligopolistic Gatekeeper: The U.S. Accounting Profession, James D. Cox

Faculty Scholarship

The accounting and financial scandals the last few years not only produced the Sarbanes-Oxley Act, but have prompted a good deal of debate what forces led to so many dramatic reporting failures. This article is the only work to examine how the competitive structure of the accounting industry contributed to its movement from being a profession to a business that performed auditing. In the article we find not only documentation that the accounting profession is an oligopoly but a sound explanation of how its poor structure contributes significantly to negative social welfare. Throughout the article provides rich support of data …

Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel

Faculty Scholarship

This inquiry argues that current Tenth Amendment jurisprudence causes net harm to federalism values under certain circumstances. Specifically, New York v. United States and Printz v. United States protect state autonomy to some extent by requiring the federal government to internalize more of the costs of federal regulation before engaging in regulation, and by addressing any accountability problems that commandeering can cause. But anticommandeering doctrine harms state autonomy in situations where the presence of the rule triggers more preemption going forward. Preemption generally causes a greater compromise of federalism values than does commandeering by eroding state regulatory control. While it …

Water Resources Year In Review - Winter 2006, Vol. 19, No. 2, Annis Water Resource Institute

AWRI Reviews

No abstract provided.

Two Paradigms Of Jurisdiction, Ralf Michaels

Faculty Scholarship

No abstract provided.

The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale

Faculty Scholarship

This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …

"Modest Expectations"?: Civic Unity, Religious Pluralism, And Conscience, Richard W. Garnett

Journal Articles

DIVIDED BY GOD: AMERICA'S CHURCH-STATE PROBLEM-AND WHAT WE SHOULD DO ABOUT IT. By Noah Feldman. Farrar, Straus & Giroux. 2005. Pp. 306. $25.00.

THE RIGHT TO BE WRONG: ENDING THE CULTURE WAR OVER RELIGION IN AMERICA. By Kevin Seamus Hasson. Encounter Books. 2005. Pp. 176 + xii. $25.95.

America is divided, and religion is divisive. These two claims - usually asserted with both confidence and concern - are the drone notes sounding under so much of what is said and written today about law, politics, religion, and culture. This essay reviews two recent books dealing with religious freedom, …

Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig

Journal Articles

This paper considers whether an amendment to state divorce laws that strengthens its joint custody preference operates as a traditional default rule, specifying what most divorcing couples would choose or as a penalty default rule the parties will attempt to contract around.

While the Oregon statutes that frame our discussion here, like most state laws, do not state an explicit preference for joint custody, shared custody is certainly encouraged by Section 107.179, which refers cases in which the parties cannot agree on joint custody to mediation and by Section 107.105, which requires the court to consider awarding custody jointly. In …

Intellectual Property, Privatization And Democracy: A Response To Professor Rose, Mark P. Mckenna

Journal Articles

The broad thesis of Professor Rose's article Privatization: The Road to Democracy? is an important reminder that no institution deserves all the credit for democratization, and that the success of any particular institution in promoting democracy depends to a greater or lesser extent on the existence and functioning of other political institutions. While protection of private property has proven quite important to successful democratic reform, we should not be lulled into thinking private property can carry the whole weight of reform. That lesson has particular significance in the context of intellectual property, given proponents general tendency to overstate the significance …

The Rehnquist Court And The Groundwork For Greater First Amendment Scrutiny Of Intellectual Property, Mark P. Mckenna

Journal Articles

This contribution to the Washington University School of Law conference on the Rehnquist Court and the First Amendment addresses the Rehnquist Court's view of the role of the First Amendment in intellectual property cases. It argues that, while the Rehnquist Court was not eager to find a conflict between intellectual property laws and the First Amendment, there is reason to believe that it set the stage for greater First Amendment scrutiny of intellectual property protections. At the very least, the Court left that road open to future courts, which might be inclined to view intellectual property more skeptically.

Lawmaking By Public Welfare Professionals, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson, Gretchen Schmuch, Margaret F. Brinig

Journal Articles

When thinking of law-making, one usually thinks of the activities of Congress or state legislatures. Students of law and government may also think of the rule-making activities of federal or state bureaucracies. More recently, some attention has been paid to the lawmaking power known as prosecutorial discretion (the decision of whether or for what crimes to charge a criminal defendant) or judicial discretion in sentencing. However, so far most of this work has been theoretical or, at best, anecdotal. Further, far less attention has been paid to the ubiquitous activities of the bureaucrat who must decide whether or not to …

Washington's "War Against Terrorism" And Human Rights: The View From Abroad, Douglass Cassel

Journal Articles

"When it comes to human rights, there is no greater leader than the United States of America," White House spokesman Scott McClellan has said.

The view from abroad is less kind. A recent resolution of the European Parliament, for example, "condemns" our government's treatment of prisoners at Guantanamo. It urges Washington to guarantee all prisoners "minimum human rights in accordance with international human rights law and fair trial procedures" and to "immediately clarify the situation of the prisoners." European objections run so deep that a New York Times account finds a "high level of anger in Europe at reports that …

Chief Justice Rehnquist's Enduring Democratic Constitution, Richard W. Garnett

Journal Articles

William H. Rehnquist's essay, The Notion of a Living Constitution, was delivered as the Will E. Orgain Lecture and then published thirty years ago, back when Rehnquist was still a relatively junior Associate Justice. The piece provides a clear and coherent statement of Rehnquist's judicial philosophy, and the Harvard Journal of Law and Public Policy and the Texas Law Review deserve thanks for their initiative and generosity in reproducing it, in memory of his life and work.

This introduction to Rehnquist's essay highlights his view that the Notion of a Living Constitution was to be resisted, not out of pious …

Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington

Maryland Law Review

No abstract provided.

You Drink, You Drive, You Lose: Or Do You?, Tina Wescott Cafaro

Faculty Scholarship

This Article explores different ways to effectively discourage the crime of alcohol impaired driving. Part I analyzes the trend of utilizing preventive educational measures to counteract societal acceptance of this crime and the shortcomings of relying exclusively on this measure. Part II discusses OUI prevention based on deterrence and the use of stricter penalties, such as mandatory jail sentences, to stop alcohol impaired drivers. This section explores whether the trend of increasing the severity of the punishment for OUI offenses is effective in stopping the crime. This section also discusses the shortcomings of OUI legislation that make deterrence of OUI …

The Role Of Religion In The Schiavo Controversy, Barbara A. Noah

Faculty Scholarship

The brief life of Theresa Marie Schiavo and the dispute over her end-of-life care captured public awareness in a way that few such cases have done. The reasons for the nearly unprecedented public attention to her case are two-fold. The decision by various religious groups and governmental entities to intervene in the dispute surrounding her care in order to promote conservative causes (some of them only tenuously related to her particular medical circumstances) prompted unusually intense media coverage. In addition, the ensuing publicity surrounding Theresa's tragic condition--an unexpected cardiac arrest left her in a permanent vegetative state at the age …

Obligations Of Financial Advisers In Change-Of-Control Transactions: Fiduciary And Other Questions, Andrew F. Tuch

Scholarship@WashULaw

Outside the United States, financial regulators have recently focused their attention on whether a financial adviser to a party in a change-of-control transaction (such as a takeover) is obliged to avoid being in positions of conflict with the interests of that party. Because financial advisers in these transactions are typically investment banks, the integrated structure of which may make conflicts of interest inevitable, such an obligation is likely to pose difficult challenges for the investment banking industry. The question is complicated by two apparently inconsistent standards being applied: the fiduciary obligation to avoid conflicts and the statutory obligation in many …

Microwave Observations Of Daily Antarctic Sea-Ice Edge Expansion And Contraction Rates, David G. Long, Jeffrey R. Allen

Faculty Publications

Algorithms for estimating sea-ice extent from remotely sensed microwave sensor data can benefit from knowledge of the "a priori" distribution of the daily expansion and contraction of the sea-ice pack. To estimate the probability distribution of daily Antarctic sea-ice extent change, two independent sea-ice datasets are analyzed: sea-ice extent derived from the QuikSCAT scatterometer and ice concentration estimates from the Special Sensor Microwave/Imager. The daily sea-ice advance and retreat is tracked over a four-year period. The distribution of the daily sea-ice advance/retreat from each sensor is similar and is approximately double-exponential. Daily ice-pack statistics are presented.

Assignability Of Covenants Not To Compete: When Can A Successor Firm Enforce A Noncompete Agreement?, Adam Schneid

Cardozo Law Review

No abstract provided.

Adolescent Female Embodiment As A Transformational Experience In The Lives Of Women: An Empirical Existential-Phenomenological Investigation, Allyson Havill

Electronic Theses and Dissertations

Adolescence can be a time of psychological vulnerability in the life cycle of a woman as she experiences multiple developmental changes. As articulated in the literature related to adolescent female development, a changing body may be at the heart of what can make this a time of profound transition for the adolescent girl as she attempts to negotiate alterations in her identity and self-concept, and consequently her social roles.

The purpose of this investigation of adolescent female embodiment was to understand the experience of adolescent girls as it relates to their changing bodies, and to explore the question of whether …

Passing/Out In Texas: The Challenges Of Progressive Pedagogy In Conservative Climates, Jaclyn Pryor

English Faculty Scholarship

No abstract provided.

Social Impact, Edward F. Lawler, Tonya E. Edmonds, Luis H. Zayas, Enola K. Proctor, Ellen Rostand, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd

Social Impact Publication

From The Dean: Celebrating Social Work's Impact;

Perspectives: In the News & Bookshelf;

Making a Medicare Part D Decision;

Three Quarters of Americans Will Experience Poverty in Their Lives;

Interview: Q&A with Kristal Brent Zook;

Perspectives: Before Disaster Strikes with David Gillespie;

The Globalization of Social Work: How Flat Are We? Researchers and practitioners explore underlying social conditions that keep many left behind;

Parents as Teachers: A Force for Good: Sue Stepleton leads growing program aimed at helping preschoolers reach their potential;

Tapping into Energy of Older Americans: New retirement scenarios shift toward service;

Notebook: Partnerships and Research School of …

Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana Singer

Maryland Law Review

No abstract provided.

Women In Corporate Law Teaching: A Tale Of Two Generations, Margaret V. Sachs

Maryland Law Review

No abstract provided.