Digital Commons Network^™

Property Rules, Liability Rules, And Immunity: An Application To Cyberspace, Keith N. Hylton

Faculty Scholarship

This Article sets out a theory of torts and cyberspace wrongs. My goal is to provide a sparse theoretical account of tort law and apply it to cyberspace torts, both negligent and intentional. I approach this goal by applying the framework of property rules and liability rules to cyberspace torts. That framework suggests that trespass doctrine is appropriate in instances of cyber invasions of private information resources, such as the breaking of codes to access private information on the web. However, trespass doctrine should play no role in cyber-invasions of public information resources, such as the sending of spam email. …

Cancer And The Constitution: Choice At Life's End, George J. Annas

Faculty Scholarship

J. M. Coetzee's violent, anti-apartheid Age of Iron, a novel the Wall Street Journal termed “a fierce pageant of modern South Africa,” is written as a letter by a retired classics professor, Mrs. Curren, to her daughter, who lives in the United States. Mrs. Curren is dying of cancer, and her daughter advises her to come to the United States for treatment. She replies, “I can't afford to die in America. . . . No one can, except Americans.” Dying of cancer has been considered a “hard death” for at least a century, unproven and even quack remedies have been …

Tort Negligence, Cost-Benefit Analysis, And Tradeoffs: A Closer Look At The Controversy, Kenneth Simons

Faculty Scholarship

What is the proper role of cost-benefit analysis in understanding the tort concept of negligence or reasonable care? A straightforward question, you might think. But it is a question that manages to elicit groans of exasperation from those on both sides of the controversy.

For most utilitarians and adherents to law and economics, the answer is obvious: to say that people should not be negligent is to say that they should minimize the sum of the costs of accidents and the costs of preventing accidents. Under the economic formulation of the famous Learned Hand test, they should take a precaution …

Biomedical Ethics And The Law: A Critical Perspective, Keith N. Hylton

Faculty Scholarship

Health law, a fast growing field of scholarship, appears to consist largely of two schools. One focuses on health care antitrust, taking as its fundamental premise the notion that health care markets should be distinguished from and treated differently than other markets. This premise underlying health care antitrust is based on a few recurring features of health care markets, such as informational asymmetry, that are taken as sufficient bases for treating them differently.¹ The other school of health law is biomedical ethics, which has taken on increasing importance in view of the many tradeoffs that arise when health care …

The Bush Administration's Terrorist Surveillance Program And The Fourth Amendment's Warrant Requirement: Lessons From Justice Powell And The Keith Case, Tracey D. Maclin

Faculty Scholarship

This article was written for a symposium issue of the University of California at Davis Law Review on the fortieth anniversary of Katz v. United States. The article analyzes the Bush Administration's claim that the President has the authority to order warrant less electronic surveillance of communications between American citizens and persons abroad suspected of having connections with foreign terrorists groups. When evaluating this claim, my article focuses on a case that could be characterized as more constitutionally robust and stronger Katz. That case is United States v. United States District Court, also known as Keith. The Keith ruling held …

The Expressive Capacity Of International Punishment: The Limits Of The National Law Analogy And The Potential Of International Criminal Law, Robert D. Sloane

Faculty Scholarship

Modern international criminal law (ICL) developed in the aftermath of World War II as an alternative to the proposal, espoused by Winston Churchill among others, that major Axis war criminals be summarily executed on sight. Because of this pedigree and the unconscionable nature of the crimes, ICL jurisprudence and scholarship have largely neglected the paramount question fundamental to any criminal justice system: the justifications for and legitimate goals of punishment. Insofar as a coherent jurisprudence of ICL sentencing can be said to exist at all, it remains correspondingly impoverished and unprincipled - comparable in some respects to that of the …

Love, Marriage, And The Baby Carriage: Revisiting The Channelling Function Of Family Law, Linda C. Mcclain

Faculty Scholarship

This Article revisits a significant idea at the core of contemporary debates in family law: the channeling function of family law. This idea is that a basic purpose of family law is to support fundamental social institutions, like marriage and parenthood, and to steer people into participating in them. Family law scholar Carl Schneider helpfully invited attention to this familiar idea in an essay published fifteen years ago. Challenges to the conventional sequence (expressed in the childhood rhyme) of love-marriage-baby carriage posed by changing social practices, rights claims made by various groups within society that lead to legislative change and …

Exchange Asymmetries Incorrectly Interpreted As Evidence Of Endowment Effect Theory And Prospect Theory?, Charles R. Plott, Kathryn Zeiler

Faculty Scholarship

Systematic asymmetries in exchange behavior have been widely interpreted as support for endowment effect theory, an application of prospect theory positing that loss aversion associated with ownership explains observed exchange asymmetries. We offer an alternative explanation. Specifically, we conjecture that observed asymmetries can be explained by procedure-driven theories grounded in classical preference theory. To test this alternative explanation, we alter the procedures to preserve the predictions of endowment effect theory while ruling out procedure-driven explanations grounded in classical preference theory. The data reject endowment effect theory in favor of procedure-driven theories.

Police Interrogation During Traffic Stops: More Questions Than Answers, Tracey Maclin

Faculty Scholarship

This short paper focuses on whether the Fourth Amendment permits police, during a routine traffic stop, to arbitrarily question motorists about subjects unrelated to the purpose of the traffic stop. The paper was prompted by a recent Ninth Circuit ruling, United States v. Mendez, 476 F.3d 1077 (9th Cir. 2007), which was authored by Judge Stephen Reinhardt.

Prior to Mendez, the Ninth Circuit had taken the position that the Fourth Amendment barred police from questioning motorists about subjects unrelated to the purpose of a traffic stop, unless there was independent suspicion for such questioning. This rule was based on the …

Mostly Unconstitutional: The Case Against Precedent Revisited, Gary S. Lawson

Faculty Scholarship

In Part I of this Article, the author briefly recaps the argument against precedent that the author sketched in The Constitutional Case Against Precedent. Although the author’s purpose here is to refine that argument, the author still believes that the original argument is right in most particulars, and it still functions as a prima facie case against the use of precedent in constitutional interpretation. In Part II, the author surveys different possible grounds for the practice of precedent. In Part III, the author dismisses the possibility that the Constitution or some other controlling legal source affirmatively commands the use of …

Grounding Trademark Law Through Trademark Use, Stacey Dogan

Faculty Scholarship

The debate over trademark use has become a hot-button issue in intellectual property (IP) law. In Confusion over Use: Contextualism in Trademark Law, Graeme Dinwoodie and Mark Janis characterize it as a dispute over whether to limit trademark holder rights in a new and unanticipated way. Yet there is another - in our view more historically accurate - way to frame the trademark use debate: the question is whether courts should, absent specific statutory authorization, allow trademark holders to assert a new and unprecedented form of trademark infringement claim. The pop-up and keyword cases involve attempts to impose third-party liability …

Distorted Reflections Of Battered Women Who Kill: A Response To Professor Dressler, Joan H. Krause

Faculty Publications

No abstract provided.

The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller

Faculty Publications

No abstract provided.

The Arbitration Clause In Context: How Contract Terms Do (And Do Not) Define The Process, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

The Spiritual World Of A Hakka Village, Sharon A. Carstens

Anthropology Faculty Publications and Presentations

This paper examines spiritual beliefs and practices in the Hakka Malaysian community of Pulai, focusing on the pantheon of deities and spirits worshipped and propitiated; the system of local beliefs in the power and efficacy of these deities; and the manner in which individuals and families have reproduced and altered these spiritual beliefs over time. Unlike my previous writings about religion in Pulai, which have emphasized the sociological components of local religion practices, my goal here is to explore the cosmological system, world view, and system of meanings conveyed through religious practices in this Hakka village.

As with many Chinese …

An Applied Evaluation Of Resurgence: Functional Communication Training (Fct) And Treatment Relapse, Valerie Marie Volkert

LSU Doctoral Dissertations

Extinction is a very important component of functional communication training (FCT). Thus, the potential undesirable effects of extinction must be considered before this type of treatment is implemented. Resurgence, the recurrence of previously reinforced behavior when another behavior is placed on extinction, is a possible undesirable effect of extinction. Resurgence may account for some instances of treatment relapse in situations where problem behavior recovers following implementation of extinction-based treatments such as FCT. Despite the potential relevance of resurgence to understanding why problem behavior may re-emerge, few applied studies have examined resurgence effects. The current study attempted to determine whether resurgence …

Developing/Testing A New Approach For Assessing Rapid Visual Identification Of Hematological Cells Using Principles Of Visual Cognition: A Health Science Education Study, Deborah Elizabeth Fox

LSU Doctoral Dissertations

The purpose of this study was the development and testing of a novel method for assessment of white blood cell (WBC) identification skills used in the field of Clinical Laboratory Sciences (CLS). A dual format exam was administered to both novices (students) and experts (laboratory professionals). Format 1 was similar to current assessment formats, simply presenting a series of single WBC images for identification. Format 2 applied principles of visual cognition, grouping WBCs for identification by patient and presenting multiple example images from the patient before requesting identification of individual cells. This novel exam format was intended to: (a) provide …

Reservoir Characterization Of The Broom Creek Formation For Carbon Dioxide Sequestration, Justin J. Kringstad

Undergraduate Theses and Senior Projects

This engineering design is aimed at providing a thorough investigation on the potential of carbon dioxide (CO2) sequestration in the Williston Basin’s Broom Creek Formation. The objective of the design is to characterize the Broom Creek’s reservoir properties and provide detailed results of CO2 sequestration capacity, plume migration, and safety level. The methodology used to obtain results is an incorporation of geology, reservoir engineering, and injection operations. The reservoir simulation operations were conducted using Schlumberger’s ECLIPSE (Schlumberger, 2006).

Backward Stochastic Navier-Stokes Equations In Two Dimensions, Hong Yin

LSU Doctoral Dissertations

There are two parts in this dissertation. The backward stochastic Lorenz system is studied in the first part. Suitable a priori estimates for adapted solutions of the backward stochastic Lorenz system are obtained. The existence and uniqueness of solutions is shown by the use of suitable truncations and approximations. The continuity of the adapted solutions with respect to the terminal data is also established. The backward stochastic Navier-Stokes equations (BSNSEs, for short) corresponding to incompressible fluid flow in a bounded domain $G$ are studied in the second part. Suitable a priori estimates for adapted solutions of the BSNSEs are obtained …

Security And Human Rights, Liora Lazarus, Benjamin J. Goold

All Faculty Publications

In the wake of the events of September 11th, the task of reconciling issues of security with a respect for fundamental human rights has emerged as one of the key challenges facing governments throughout the world. Although the issues raised by the rise of security have been the subject of considerable academic interest, to date much of the debate surrounding the impact of security on human rights has taken place within particular disciplinary confines. In contrast, this collection of essays from leading academics and practitioners in the fields of criminal justice, public law, international law, international relations and legal philosophy …

Three-Dimensional Quantitative Analysis Of The Trajectory Of The Foot While Running, Thomas J. Cunningham

University of Kentucky Master's Theses

Exercising the leg in a manner similar to running is theorized to have the potential effect of increasing performance and reducing occurrence of injuries in running athletes. Development of an exercise device that can help facilitate this method of specificity training could be beneficial to the sports community and should be investigated. Understanding the trajectory of the foot during the running gait is primary to further pursue this concept. 26 running athletes of varying characteristics participated in this study. Each subjects sex, age, weight, height, leg length, activity level and participation amount in their respective sport was recorded. Retro-reflective cameras …

Lost Paternity In The Culture Of Motherhood, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

In her recent Columbia Law Review article, "Infant Safe Haven Laws: Legislating in the Culture of Life," Professor Carol Sanger shows that American safe haven laws, viewed within a larger political culture, promote the goal of the culture of life: the reversal of Roe v. Wade. Their effectiveness in that pursuit, she correctly notes, depends on whether judges and others recognize the strong differences between varying culture of life settings. Like Professor Sanger, I see differences between safe haven abandonment and abortion. Unfortunately, Professor Sanger fails to note that American safe haven laws, within a larger political culture, also significantly …

O Brave New World? Electronic Voting Machines And Internet Voting: An Annotated Bibliography, Therese A. Clarke Arado, Susan M. Boland

Faculty Articles, Papers, and Other Scholarship

No abstract provided.

Safe Haven, Adoption And Birth Record Laws: Where Are The Daddies?, Jeffrey A. Parness, Therese A. Clarke Arado

Faculty Articles, Papers, and Other Scholarship

An earlier version of this paper was presented by Professor Parness at the Third Annual Wells Conference on Adoption Law under the title, "Safe Haven Laws: Where Are the Daddies?", at Capital University Law School on February 15, 2007. The paper explores the difficulties in American state safe haven, adoption and birth record laws, crystalized in the question: "Where are the daddies?" After briefly reviewing safe haven laws, the paper demonstrates how paternity interests are unreasonably, if not unconstitutionally, foreclosed when children are abandoned by their mothers. Comparable paternity losses due to maternal acts are then shown under adoption and …

Sugarcane Tasseling Under Artificial Photoperiod Conditions As Affected By Nitrogen Rate And Temperature, Christopher Michael Laborde

LSU Doctoral Dissertations

Optimizing flowering in the LSU AgCenter’s Sugarcane ( Sacchrum spp. hybrids) Breeding Program is an important step in the variety development program. The effect of nitrogen and ambient air temperature in pot cultured sugarcane were examined as a means of improving sugarcane flowering. The experiment was conducted on agronomic and reproductive traits of sugarcane at the Sugar Research Station, St. Gabriel, LA, on sugarcane genotypes subjected to artificial photoperiod regimes. The potting media consisted of equal parts of washed sand, Canadian peat moss, and a Commerce silt loam soil (fine-silty, mixed, nonacid, thermic aeric Fluvaquents). Early nitrogen (22.4-22.4-22.4 kg ha-1) …

Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii

Scholarly Works

As a student of Hans-Georg Gadamer, and later a translator and important commentator on Gadamer’s philosophy, P. Christopher Smith is widely acknowledged to be a leading hermeneutical philosopher. In a series of works, Smith has argued that Gadamer provides an important corrective to Nietzsche’s caustic critical challenges, but that Gadamer’s hermeneutics has no relevance for legal theory because law is just the manifestation of will to power. In this paper I argue that Smith misunderstands the nature of legal practice. Starting with a re-reading of the debate between Gadamer and Jacques Derrida about the legacy of Nietzsche’s philosophy, I argue …

Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino

Scholarly Works

The use of restraint and seclusion in the American psychiatric setting has a rich history—rich in medical, ethical, legal, and social controversy. For centuries, mental health care providers used movement restrictions and solitary confinement to manage psychiatric patients. Superintendents of eighteenth and early nineteenth century insane asylums and other institutions of confinement believed that strait-waistcoats, “tranquilizer chairs,” “maniac beds,” chains, shackles, and “quiet rooms” deescalated agitation and promoted self-control. Reforms beginning in the nineteenth century helped make some psychiatric institutions more humane, in part because staff members were trained to find ways to calm potentially violent patients without imposing holds …

Factors That Influence Visual Attention And Their Effects On Safety In Driving: An Eye Movement Tracking Approach, Larry Bargola Nabatilan

LSU Doctoral Dissertations

Statistics show that a high percentage of road related accidents are due to factors that cause impaired driving. Since information extraction in driving is predominantly a visual task, visual distraction and its implications are therefore important safety issues. The main objective of this research is to study some of the implications of demands to human’s attention and perception and how it affects performance of tasks such as driving. Specifically, the study aims to determine the changes that occur in the visual behavior of drivers with different levels of driving experience by tracking the movement of the eye; examine the effects …

First Flute: The Pioneering Career Of Doriot Anthony Dywer, Kristen Elizabeth Kean

LSU Doctoral Dissertations

In 1952, Boston Symphony director Charles Munch hired flutist Doriot Anthony Dwyer making her the first woman to play in a principal chair in one of the top five symphony orchestras in the United States. The purpose of this monograph is to document Doriot Anthony Dwyer's studies and career prior to her milestone appointment with the Boston Symphony. A chapter on her teaching method includes observations from the Flute Workshop at the Boston University Tanglewood Institute and selected observations from former students of Dwyer's.

Cryopreservation Of White-Tail Deer Epididymal Sperm For Artificial Insemination, Jesse Ray Saenz

LSU Master's Theses

The ability to cryopreserve epididymal sperm from mature postmortem bucks has long been of interest to both wildlife conservationists and deer ranchers. Increased understanding of the cryobiology of epididymal sperm from a non domestic species, such as White-tail deer, could aid in development of future protocols to assist in the preservation of endangered species. In Experiment I, results showed that after cooling postmortem bull testes for 22 hours, no significant difference was noted between sperm parameters of epididymal sperm collected at room temperature or at a cool enviorment. In Experiment II, it was shown that White-tail deer sperm could be …