Digital Commons Network^™

The Endorsement Court, Jay D. Wexler

Faculty Scholarship

Since 1986, when William H. Rehnquist was confirmed as the sixteenth Chief Justice of the United States, the Supreme Court has virtually rewritten the entire law regarding the First Amendment’s Religion Clauses. With respect to the Free Exercise Clause, the Court, in its 1990 Employment Division v. Smith decision, reversed years of jurisprudence and held that the First Amendment does not entitle religious believers to exemptions from neutral laws of general application. On the Establishment Clause side, the Court recently overturned a series of its earlier decisions on its way to creating a body of law quite amenable to the …

Risk Management, Ben J.M. Ale, Phil W.M. Brighton, Michael S. Baram

Faculty Scholarship

Risk management develops as the need arises. Usually after an accident people want “authorities” to do something. On the other hand, industry wants predictable behaviour of authorities to be able to judge the soundness of their investments. This led to an adaptive process involving many decision makers embedded in legal and cultural heritage. It was indeed as struggle to determine who should be responsible and how to have risk management done by competent party (i.e. (1) industry, (2) public (3) authorities).

Kitzmiller And The "Is It Science?" Question, Jay D. Wexler

Faculty Scholarship

When Judge John E. Jones, III, a United States District Court judge appointed by President George W. Bush, ruled that the Dover school board's intelligent design (ID) policy violated the Establishment Clause, ID opponents were ecstatic. They had good reason to be. The opinion was a comprehensive and complete victory for ID opponents. The decision held that the policy was an unconstitutional endorsement of religion when viewed both from a reasonable Dover student's perspective as well as from the perspective of a reasonable adult in the Dover community. It also held that the policy was adopted for a religious purpose, …

Relationship Of Human Figure Drawing With Executive Functioning And Achievement, Julie M. Miller

Theses

The purpose of the study was to investigate the relationship between aspects of children’s human figure drawings to their executive functioning and academic achievement. Participants consisted of 80 third and fourth graders, ages 8 to 10 years, along with their parents. Correlational analysis showed no relationship between the developmental scoring of the Goodenough-Harris or Koppitz with measures of executive functioning, as measured by the Behavior Rating Inventory of Executive Functioning (BRIEF; Gioia, Isquith, Guy, & Kenworthy, 2000) and the Cognitive Assessment System (CAS; Naglieri & Das, 1997). However, Koppitz’s emotional indicators were significantly correlated with all aspects of BRIEF and …

The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli

Scholarly Works

Two of the most significant efforts to bring municipal procurement institutions up to international standards are the WTO Agreement on Government Procurement (GPA) and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Though the Model Law has had limited adoptions, it enjoys global influence as a source of norms and practices for good public procurement. The GPA, also reflective of international standards, seems to be on the rise, as more WTO members elect to become GPA contracting parties. This article explores two aspects of these instruments. First, the article explores how the Model Law promotes efficient public …

Phloroglucinol In Irritable Bowel Syndrome, Wasim Jafri, Javed Yakoob, Sajjad Hussain, Nadim Jafri, Muhammad Islam

Section of Gastroenterology

Objective: To determine the efficacy and tolerability of phloroglucinol, an antispasmodic agent in the treatment of Irritable Bowel Syndrome (IBS). Methods: It was an open label (quasi interventional) study. One hundred patients coming to the gastroenterology clinics of Aga Khan University Hospital with IBS as defined by the Rome II criteria were enrolled between February 2004 and September 2004 to participate in the trial and were treated as outpatients. Phloroglucinol (Himont) 50mg orally three times daily was given for two months. Symptoms were assessed before and during treatment using a questionnaire. Results: One hundred patients were enrolled in the study. …

Acceptability And Outcomes Of The Percutaneous Endoscopic Gastrostomy (Peg) Tube Placement--Patients' And Care Givers' Perspectives, Muhammad K. Anis, Shahab Abid, Wasim Jafri, Zaigham Abbas, Hasnain A. Shah, Saeed Hamid, Rozina Wasaya

Section of Gastroenterology

Background: Percutaneous endoscopic gastrostomy tube has now become a preferred option for the long-term nutritional support device for patients with dysphagia. There is a considerable debate about the health issues related to the quality of life of these patients. Our aim of the study was to assess the outcome and perspectives of patients/care givers, about the acceptability of percutaneous endoscopic gastrostomy tube placement.

Methods: This descriptive analytic study conducted in patients, who have undergone percutaneous endoscopic gastrostomy tube placement during January 1998 till December 2004. Medical records of these patients were evaluated for their demographic characteristics, underlying diagnosis, indications …

Not Quite A World Without Trials: Why International Dispute Resolution Is Increasingly Judicialized, Andrea Kupfer Schneider

Journal of Dispute Resolution

The focus of this brief essay is to first outline some of the factors leading to increasing judicialization on the international level where public disputes (disputes between countries) are increasingly resolved by a neutral third party. In some cases, this increased judicialization includes arbitration (which we might put under the category of ADR in the U.S.). However, the use of arbitration at the international level is not ADR as we would define it in the U.S., since the important element at the international level is that the decision-making power is handed over to a third party-whether we call that a …

When We Hold No Truths To Be Self-Evident: Truth, Belief, Trust, And The Decline In Trials, Lisa Blomgren Bingham

Journal of Dispute Resolution

This article will explore the relationship between the "vanishing trial" and the changing ways in which we think about truth. First, it briefly overviews how we think about knowing what is true: epistemology and this history of philosophy. Second, it looks to the philosophy of science and history of social science for new theories and methods about how we ascertain and construct meaning and what we believe to be real and true. Third, it examines our changing relation to information in the face of the "information explosion": information is the evidence upon which we reach a conclusion about what is …

Vanishing Trial, Vanishing Community - The Potential Effect Of The Vanishing Trial On America's Social Capital, Robert M. Ackerman

Journal of Dispute Resolution

This essay considers the communitarian implications of the vanishing trial phenomenon. Its language is tentative, because while we now have-thanks to Marc Galanter and his associates-a great deal of useful data on the vanishing trial, we have only some hints regarding its causes, and an even less concrete notion of its likely consequences.' The empirical data unearthed by Professor Galanter and others has debunked a number of myths regarding the litigiousness of our society and the extent to which the courts are employed to resolve disputes. Given the care that has been invested in this research, it would be reckless …

When Confidentiality Is Not Essential To Mediation And Competing Interests Necessitate Disclosure, Patrick Gill

Journal of Dispute Resolution

Mediation is a process where a neutral intervener helps disputing parties develop a mutually beneficial resolution. Confidentiality is an established element of mediation. In general, confidentiality furthers the ability of the parties to seek mutually beneficial outcomes to disputes that would otherwise customarily produce a win/lose result. Confidentiality encourages parties to explore their underlying interests, without fear of the repercussions of revealing such information. Arguments are asserted that mediation will not succeed without the assurance that communications will be protected by a confidentiality privilege. The Uniform Mediation Act (UMA) has attempted to clarify the various confidentiality protections afforded by individual …

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

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 …

Optimal Design Of Ink Spectra For Multiple-Ink Color Reproduction, Yongda Chen

Theses

Conventional four-color printing systems are limited by a relative small color gamut, poor color constancy, and a high degree metamerism. In this dissertation, these problems were addressed by increasing the ink number, optimizing the spectral ink curves, and the lookup tables for multiple-ink printing. First, a computer simulation was performed to investigate the optimum combinations of different ink number to maximize the color gamut for halftoning printing. By analyzing the color gamuts achieved by real ink sets and virtual ink sets, the conclusions were drawn that the color gamut can be improved by increasing ink number and optimizing spectral ink …

Photographic Strategies For Graphic Design Problem Solving, Suthida Sakulsurarat

Theses

Graphic design and photography are both forms of visual communication although they are separate disciplines. This thesis will explore the potential benefits of applying useful approaches in photography and demonstrating their potential for solving graphic design problems. ... The main goal of this project is to outline the possibilities of bringing principles of photographic approaches into graphic design. This thesis attempts to help designers understand that two different disciplines can support each other to provide a wider range of opportunities. In addition, the thesis is designed to enlighten, challenge and inspire designers. To accomplish the thesis, the designer will research …

Preparation For Radiological Disasters: A Radiation Effects Epidemiological Database, Martha S. Raj

Theses

Not Included

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 …

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 …

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.

A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

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.

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 …

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 …

Instituting Innocence Reform: Wisconsin's New Governance Experiment, Katherine R. Kruse

Scholarly Works

The DNA exoneration cases of the past two decades have provided a window into what hasn't been working in the criminal justice system and an agenda for criminal justice reform. The challenge currently facing the innocence reform community is to translate this agenda into concrete reforms that institute and sustain best practices for the investigation and prosecution of crimes, while allowing flexibility for the understanding of best practices to continue to evolve. In 2005, Wisconsin underwent a breathtaking course of legal reform in two of the problem areas that have plagued wrongful convictions: mistaken eyewitness identification and false confession. The …

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 …

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 …

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 …