Digital Commons Network^™

Landscapes Of Beethoven's Signature "From The Heart, May It Go To The Heart", Virginia L. Martin

Theses

"Landscapes of Beethoven's Signature, an exhibit consisting of twenty-two works of art in a variety of media, is a tribute to the revolutionary composer Ludwig van Beethoven [...]. Landscapes of Beethoven's Signature comprises a body of visual works showing the hand of Beethoven the Creative Artist. Literal landscapes, which also incorporate Beethoven's calligraphy, have been interpreted in the two larger oil paintings, 'In Moonlight' and 'Look Through These Trees.' Figurative depiction of 'landscape' and 'signature' is represented in a variety of ways within the sculptures, prints, books and calligraphy. For several of the pieces, visual material was derived from Beethoven's …

The Integration Of Graphic Communication And Educational Tools For Children With Dyslexia, Amar Abdulla Behbehani

Theses

Design for education is an important approach in the graphic design field. The intention of this thesis is to conduct further research that can help educators and designers build healthier learning environments for children with learning disabilities. Learning environments are not limited to physical environments such as classroom designs or school architecture; they are extended to cognitive environments that are greatly affected by external influences such as sensory stimulation and learning methods. Children with special educational needs could benefit from effective design solutions for better information processing. This designer attempts to develop typographic solutions to facilitate the reading process of …

A Theory Of Expressive International Law, Alex Geisinger, Michael A. Stein

Vanderbilt Law Review

What is the "pull of international society" and how does it influence the willingness of States to enter into or comply with international law? Since Grotius first identified the concept that States seek esteem from the broader global community, its parameters have proven illusive. Nonetheless, the notion remains central to discussions of why States comply with international agreements.

Understanding the reputational mechanism that impels State compliance is especially important to human rights treaties. Unlike other regimes, States that ratify and abide by the terms of these instruments receive neither reciprocal nor immediate benefits.

Consequently, the desire for international esteem is …

Rethinking The Substantive Due Process Right To Privacy: Grounding Privacy In The Fourth Amendment, Mary H. Wimberly

Vanderbilt Law Review

Little in the jurisprudence of the Supreme Court has spurred as much controversy as the Court's recognition of a constitutional right to privacy. While implicitly acknowledging that such a right is not listed in the text of the Constitution, in Griswold v. Connecticut the Court found that the right existed in the "penumbras" of the amendments to the Constitution.' According to the Court, the right to privacy was present in "emanations" from the guarantees of the Bill of Rights. This reasoning was notoriously extended to abortion in Roe v. Wade. In order to invalidate state regulation of abortion, the Roe …

A Search-Costs Theory Of Limiting Doctrines In Trademark Law, Stacey Dogan, Mark A. Lemley

Faculty Scholarship

Trademarks have value because they reduce consumer search costs and thus promote overall efficiency in the economy.

While the search costs theory provides a compelling argument for trademark rights, it also compels an equally important - but often overlooked - set of principles for defining and limiting those rights. Certainly, trademark laws can make it easier and cheaper for consumers to locate products with desired qualities, thus making markets more competitive. Yet if carried too far, trademark law can do the opposite: it can entrench market dominance by leading firms and make it harder for competitors to crack new markets. …

There’S Just One Hitch, Will Smith: Examining Title Vii, Race, Casting, And Discrimination On The Fortieth Anniversary Of Loving V. Virginia, Angela Onwuachi-Willig

Faculty Scholarship

In this Symposium Essay, I use Loving v. Virginia as a backdrop for exploring why our society allows, without legal challenge, customer preference or discrimination to unduly influence casting decisions for actors paired in romantic couples in movies and television. In so doing, I examine how existing anti-discrimination law in employment can and should be used to address these improper influences within the entertainment industry. In Part I of the Essay, I first survey the growing practice of casting intraminority couples casting in films and television and examine how such casting, despite its appeal on the surface, may work to …

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. …

Before Competition: Origins Of The Internal Affairs Doctrine, Frederick Tung

Faculty Scholarship

To the modern corporate scholar and lawyer, the internal affairs doctrine seems in the natural order ofthings. Corporate law is state law. Each corporation is formed under the law of its chosen state ofincorporation. To ensure consistency and predictability, that law must govern the corporation's internalaffairs. Yet the origin of such a doctrine is puzzling. Respecting the firm's choice of corporate law, thedoctrine forces state legislatures into competition to attract incorporations. But how did legislatures come to concede their traditional territorial regulatory authority, and instead agree to compete? This Article solves this puzzle, offering the first account of the doctrine's …

Prologue To A Voluntarist War Convention, Robert D. Sloane

Faculty Scholarship

This Article attempts to identify and clarify what is genuinely new about the ¿new paradigm¿ of armed conflict after the attacks of September 11, 2001. Assuming that sound policy counsels treating certain aspects of the global struggle against modern transnational terrorist networks within the legal rubric of war, this Article stresses that the principal challenge such networks pose is that they require international humanitarian law, somewhat incongruously, to graft conventions - in both the formal and informal senses of that word - onto an unconventional form of organized violence. Furthermore, this process occurs in a context in which one diffuse …

Law's Empire, W. Wesley Pue, Rob Mcqueen

All Faculty Publications

Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, …

The Road Also Taken: Lessons From Organic Agriculture For Market- And Risk-Based Regulation, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

Pluralism: A Principle For Children's Rights, Holning S. Lau

Faculty Publications

No abstract provided.

Softening Of The Formality And Formalism Of The "Testimonial" Statement Concept, Robert P. Mosteller

Faculty Publications

No abstract provided.

Book Review Of, Mark Whitaker. Learning Politics From Sivaram: The Life And Death Of A Revolutionary Tamil Journalist In Sri Lanka, Michele Ruth Gamburd

Anthropology Faculty Publications and Presentations

Reviews the book "Learning Politics from Sivaram: The Life and Death of a Revolutionary Tamil Journalist in Sri Lanka," by Mark Whitaker.

An Examination Of The Chinese Immigrant Social Movements During The Chinese Exclusion Era, Alexander Lu

LSU Master's Theses

This paper further develops a law-centered “political process” model of social movements by analyzing historical changes in American immigration law and the collective behavior of Chinese immigrants and Chinese Americans during the Chinese Exclusion Era. I present an interactive political process framework that considers not only how the broader political environment enables and constrains a movement, but also how challengers respond by actively reshaping the environment. I revisit the political process model’s core concept of “political opportunity structure” by examining legal rules and institutions, generally, and the indeterminacy of law, specifically. I apply this framework to the Chinese community’s initial …

How The Internet Is Shaping The Chilean Scientific Community: Globalization And Dependency, Richard B. Duque

LSU Doctoral Dissertations

The Internet has emerged as a catalyst for global knowledge production. This is supported by its positive impacts in the First World. A progressive assessment argues that the Internet will be the "elixir" that brings immediate visibility and relevance to scientific communities in the periphery. Yet, Internet diffusion is often framed by past technology failures that further widen global divides. This characterizes an "affliction" argument. The "teething argument" suggests that adoption within the Third World is tentative at best with benefits unfolding over time in some regions but not others. This dissertation is a qualitative and quantitative study that tests …

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 …

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.

Webs Of Significance: The Abraham Lincoln Historical Digitization Project, New Technology, And The Democratization Of History, Drew Vandecreek

Faculty Articles, Papers, and Other Scholarship

Lincoln/Net (http://lincoln.lib.niu.edu), a product of the Abraham Lincoln Historical Digitization Project at Northern Illinois University Libraries, represents a new type of historically oriented digital library resource. Like many other digital libraries, it contains a large amount of searchable primary source materials. Like a number of other historically oriented online resources, project staff have organized Lincoln/Net around a specific topic, in this case Abraham Lincoln's life and times in antebellum Illinois. In addition to Lincoln's own papers, the project's databases contain resources shedding light on his context, including letters, diaries, and publications prepared by his peers. Unlike most historically oriented digital …

Byron And "Scribbling Women": Lady Caroline Lamb, The Brontë Sisters, And George Eliot, Denise Tischler Millstein

LSU Doctoral Dissertations

Looking first at Byron’s canon, I trace the evolution of the Byronic heroes offered in his poetry, arguing that these heroes are the culmination of images of the poet as he interacted with and was interpreted by his female reading audience. Working with his readers, Byron fundamentally altered his poetic heroes to suit changing public opinions about himself. In later chapters, I show how this image continued to evolve as the Byronic hero was co-opted, adopted, and adapted in the novels of female authors across the nineteenth century, especially Lady Caroline Lamb in Glenarvon, Emily Brontë in Wuthering Heights, Anne …

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 …

Deficits In Social Skills And Feeding Behaviors Associated With Adults Diagnosed With Autistic Disorder Living In An Institutionalized Setting, Cindy Terlonge Graham

LSU Master's Theses

Autistic disorder, a syndrome beginning in infancy and persisting into adulthood, has captured the attention of researchers and clinicians alike. Although this disorder has been studied since the mid-1940s, there is a lack of literature addressing certain adaptive skills in adults with autism. The aim of this study was to examine the differences in social and feeding skills between individuals with and without autistic disorder. Given the importance of acquiring these skills to facilitate proper adjustment and decrease potential health risks, better understanding of these behaviors in persons with autism is warranted. Participants comprised three separate groups: an autism group, …

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.

Revelations From "Cheesecake Manor": Agatha Christie, Detective Fiction, And Interwar England, Carron Stewart Fillingim

LSU Master's Theses

For too long standard interwar histories have portrayed the interwar years as a period marked by failure, instability, depression, and volatility. Instead, rising living standards, the narrowing of socioeconomic disparities, expanded avenues of social welfare, increased leisure time, and mass consumerism resulted in an altogether peaceful, healthier, stable, and increasingly affluent England. Out of these rising economic improvements emerged forms of mass entertainment, including popular fiction. Cheaper paper and printing methods, rising literacy, faster distribution methods, new forms of advertising, and the expansion of public libraries led to the creation of a mass readership across England. For the first time, …

Reclaiming Martyrdom: Augustine's Reconstruction Of Martyrdom In Late Antique North Africa, Collin S. Garbarino

LSU Master's Theses

The cult of martyrs existed throughout the Mediterranean world in late antiquity, but local communities venerated the martyrs in their own ways and for their own reasons. During the fourth and fifth centuries, two factions of Christianity existed in North Africa. Catholicism and Donatism competed for the souls of North African Christians, and this competition influenced the development of the cult of martyrs in that region. The sermons on the martyrs by Augustine of Hippo (354-430) illuminate the milieu of North African Christianity's cult of martyrs and demonstrate that Augustine viewed "possessing" the martyrs as a key component in overcoming …

I Met You, Momoko Kimura

LSU Master's Theses

My goal for the work documented in this paper was to create and install an immersive multimedia environment, using animation and interactivity to express and communicate ideas drawn from personal experience of how people may meet, influence each other and enrich each other’s lives. With my projects over the past few years, I learned that sharing personal stories is a powerful tool for communicating with others. The I MET YOU piece provided the perfect opportunity for me to pull together all my thoughts and tell people who have made difference in my life “I’m so glad I met you.” I …

The Search Interest In Contract, Joshua Fairfield

Articles by Maurer Faculty

Parties often do not negotiate for contract terms. Instead, parties search for the products, terms, and contractual counterparties they desire. The traditional negotiation-centered view of contract leads courts to try to determine the meaning of the parties where no meaning was negotiated and to waste time determining the benefits of bargains that were never struck. Further, while courts have ample tools to validate specifically negotiated contract terms, they lack the tools to respond to searched-for terms. Although the law and literature have long recognized that there is a disconnect between the legal fictions of negotiation and the reality of contracting …