Digital Commons Network^™

Brahms's Ein Deutsches Requiem: Dialectic And The Chromatic Middleground, Patrick Tuck

LSU Doctoral Dissertations

Brahms’s Ein deutsches Requiem (1868) has been the focus of much scholarly research. The present study focuses specifically on the work’s dialectic: the presentation and resolution of a conflict between mortal suffering and eternal joy. It takes an Schenkerian approach to the tonal content of the piece, which provides a musical reflection of the human spiritual journey to the afterlife. It examines how Brahms brings his chosen texts to life with the aid of musical processes such as mixture, register transfer, coupling, covering lines, and contrasting textures. The present study will cite previous authors who have noted the opposing forces …

Political Conspiracy In Napoleonic France: The Malet Affair, Kelly Diane Whittaker

LSU Master's Theses

The French Revolution ushered in a period of political unrest in France which appeared never-ending, even when a seemingly stable government rose to power. After a series of failed Republican governments, Napoleon Bonaparte seized control on 18 Brumaire VIII, promising to uphold the revolutionary ideals that had permeated the nation. As time passed, however, it became clear that he aimed at gathering all political power for himself. With his consular and imperial regimes accepted by French citizens, Napoleon effectively returned the country to autocratic rule. Needing talented officials to serve in his military, ministries, and prefectures, Napoleon enlisted the services …

The Formation Of A Style: Selected Early Works By Hugo Wolf, Jure Rozman

LSU Doctoral Dissertations

Hugo Wolf’s (1860–1903) most pronounced talent was in marrying music and poetry in novel ways, which is clearly demonstrated by his more than 240 art songs. In his early years Wolf composed a series of works for piano solo, published for the first time in 1974 by the Musikwissenschaftlicher Verlag in Vienna. This paper explores these and other formative works in detail, focusing on music-theoretical issues, but also placing them in historical context by means of a brief biography which includes recent discoveries regarding Wolf’s Slovene lineage.

Rate Change Effects On Acoustic Duration Measures On An Adolescent Who Stutters, Valerie Jean Courville

LSU Master's Theses

The purpose of this study was to determine if reduced rate techniques have an effect on speech motor coordination of an adolescent. A literature review revealed that a reduced rate technique consistently promoted more fluent speech; however, the cause of that increase in fluency is not known. This study proposed three specific questions to determine if there was a shortening of the /s/ phoneme in clustered contexts when compared to singletons, if reducing the rate would cause the adolescent to produce more adult-like shortening patterns, and if the reduced rate technique caused a decrease in stuttering events. One eleven year …

A Non-Traditional Traditionalist: Rev. A. H. Sayce And His Intellectual Approach To Biblical Authenticity And Biblical History In Late-Victorian Britain, Roshunda Lashae Belton

LSU Doctoral Dissertations

The relationship between science and religion was a dominant topic in late-Victorian Britain. This is exemplified in the debate over biblical authenticity and bible history. After 1860 higher criticism, the textual examination of the biblical texts became a prominent issue of discussion in British society. Higher critics brought into question the authorship and authenticity of the Pentateuch, particularly that of Genesis. One significant contributor to this debate was Oxford educator and Assyriologist Rev. Archibald Henry Sayce, who firmly believed that philology, history and, particularly, archeology provided the evidence necessary to validate the accuracy of biblical texts. Supporters of orthodoxy embraced …

Nueva Orleans: Hispanics In New Orleans, The Catholic Church, And Imagining The New Hispanic Community, Katie Judith Berchak

LSU Master's Theses

New Orleans, Louisiana, is a city with a rich Hispanic history which is often overlooked. Likewise, the role the Catholic Church has played in assisting the immigrant groups that have settled in New Orleans in the building of their communities has also often been ignored. The first part of this work will seek to trace the different Hispanic groups that have come to the city, their often unacknowledged legacies, and examine what role the Catholic Church played in their communities and history. During Spanish rule of colonial Louisiana from 1762 to 1803, Spanish colonists and recruits from the Canary Islands …

La "Guerra Sucia" Argentina: Nombrar Lo Innombrable Y Hablar Del Horror Para No Olvidar Ni Repetir, John Edmund Baron

LSU Master's Theses

The last Argentine dictatorship, officially known as the Process of National Reorganization (PNR), lasted nearly eight years (1976-1983) but the change that it produced in the subjectivity of the citizenry did not disappear when the military dictatorship left power. The fear of being denounced by friends, neighbors, or even family members resulted in apathy and ultimately, in "ignorance" of the events and in the taboo of speaking of them in private settings. The novelists and filmmakers that have begun to name the unnamable of that horror have done more for the comprehension and "healing" of that citizenry than all of …

Clear And Present Danger: Brandenburg Test After September 11, 2001, James Connor Best

LSU Master's Theses

In a post-September 11, 2001 America and in light of the very real threat posed by radical Islamic terrorist, the courts must rethink the line between protected speech and incitement to violence. The Brandenburg test, which was previously understood to be the modern test to distinguish protected from unprotected advocacy, should be questioned. By examining the development of the Court's First Amendment doctrine leading up to Brandenburg v. Ohio (1969), I establish that Brandenburg is ill fitted to be applied to advocacy of terrorism. In Brandenburg, the Court actually conflated two previously distinct speech tests-Judge Learned Hand's incitement test and …

Dr. Frankenstein Was A Designer: Methods For Educating Gen H--The Hybrid Design Student, Patricia Ferguson Vining

LSU Master's Theses

Business Week recently launched an innovation and design quarterly entitled In, as well as a Website section specifically dedicated to design and innovation. Fast Company, with its Third Annual Masters of Design issue, and Fortune have also added significant design content to their publications. The business world appears to have discovered design as a vital strategic tool and economic force. Globalization and the Internet knowledge explosion have changed our world in unprecedented ways. Design thinking, which was previously relegated to dealing with issues such as form and function, has become the twenty-first century methodology for the development of new business …

Relationship Between Problem Behaviors, Function, And Adaptive Skills In Individuals With Intellectual Disabilities, Noha Farrah Minshawi

LSU Doctoral Dissertations

The problem behaviors of self-injury, aggression, and stereotypies are among the most troubling and difficult to treat behaviors in individuals with intellectual disability (ID). One factor that has been implicated in the etiology and maintenance of problem behaviors in individuals with ID is adaptive skills deficits. However, the nature of the relationship between problem behaviors and adaptive skills deficits is not well understood. This relationship was assessed in two experiments. In Experiment 1, the researcher found an inverse, curvilinear relationship between problem behaviors (as identified by the Behavior Problems Inventory; BPI), and adaptive skills (as measured by the Vineland Adaptive …

Prevalence Of Family History Of Speech-Language Impairment In An African American Sample, Tricia Mccully Rodrigue

LSU Master's Theses

The purpose of this study was to examine the prevalence of a positive family history of speech and/or language impairments in an African American sample. The first phase of the study used questionnaires from the primary caregivers of 161 children. The questionnaires allowed for an examination of family history as a function of a child’s socioeconomic level (+/- high school level of maternal education), educational placement (+/- receipt of services by a speech language clinician), and clinical status (+/- profile consistent with a diagnosis of SLI). The second phase of the study included interviews that were collected from 17 families …

Hope For Today And Tomorrow: Identity Construction Power, And Persistence Of Community College Women Who Are First In Their Families To Attend College, Crystal Deer Lee

LSU Doctoral Dissertations

This dissertation was a case study of four community college women who were first in their families to attend college. Through this study, the “first-generation” construct was analyzed in regard to its uses and limits. The researcher found the label as an identifier becomes problematic through social discourse. These results confirm London’s (1996) finding that students themselves do not necessarily find anything unique about their situations or anything in common with other students simply based on their being the first in their families to attend college. Therefore, the “first-generation” construct may be viewed primarily as a higher education versus an …

The Effect Of Anxiety On The Cognitive Functioning In Non-Clinical Schizotypal Individuals, Stephanie J. Stelton

Undergraduate Theses and Senior Projects

No abstract provided.

"But Seriously, Folks...": Understanding The Political Effects Of Late Night Television Comedy, Danielle Lynn Sarver

LSU Doctoral Dissertations

The potential political effects of late night comedy programs have been a subject of much debate and concern, particularly since the 2000 Presidential election. Research into this area has been characterized by inconsistency in operationalizations of audiences and an almost exclusive focus on quantitative research. This project was designed to address key concerns that are central to this burgeoning literature by examining “heavy” viewers of late night talk shows (including audiences of Leno, Letterman, and Conan O’Brien) and “heavy” viewers of “The Daily Show with Jon Stewart.” A combination of qualitative and quantitative methodologies were used to understand the relationships …

Through The Quarantine Looking Glass: Drug-Resistant Tuberculosis And Public Health Governance, Law, And Ethics, David P. Fidler, Lawrence O. Gostin, Howard Markel

Articles by Maurer Faculty

No abstract provided.

Peforming Louisiana: The History Of Cajun Dialect Humor And Its Impact On The Cajun Cultural Identity, Debrah Royer Richardson

LSU Doctoral Dissertations

Cajuns, the descendants of the Acadian diaspora begun in 1755, chose to live a largely isolated existence in Louisiana until elements in the nineteenth century began concerted efforts to assimilate the Cajuns. By the beginnings of the twentieth century, the dual challenges of enforced schooling and the prohibition of spoken French affected the Cajun sense of pride. Around the same time, outsiders (satirists from Louisiana who were not of Cajun descent) used the Cajun dialect, in publications and on the radio, to humorously skewer Louisiana politics. Over the last century, Cajun dialect humor has evolved along specific lines that have …

Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith

Articles by Maurer Faculty

No abstract provided.

Governing Catastrophes: Security, Health And Humanitarian Assistance, David P. Fidler

Articles by Maurer Faculty

Recent catastrophes, and predictions of an increasing potential for more, have stimulated thinking about the best policy responses to these threats. This article explores how security concepts influence catastrophe governance. The article considers how globalization affects thinking about catastrophes and describes ways in which catastrophes have been conceptualized as governance challenges, such as the human rights approach to the provision of health and humanitarian assistance. The article explains how health and humanitarian assistance experienced ‘‘securitization’’ in the post-cold war period, a development that challenges rights-based strategies and creates complex and controversial implications for the prevention, protection and response functions of …

The Urban Development Of Spanish Colonial Pensacola, 1781-1821, Harry James Wilson

LSU Doctoral Dissertations

Pensacola evolved through the second Spanish period (1781-1821) from a fledgling military outpost to an increasingly complex urban center. Local and regional demographic trends and environmental conditions prompted Pensacola to grow in a manner that differed from other Spanish colonial urban centers and created in Pensacola an unusual class structure and residential patterning. The primary goal of this dissertation is to show that Pensacola’s residential and landowning patterns never experienced the degree of socioeconomic residential clustering noted in other Spanish colonial urban centers. Social residential clustering was unusual in Spanish Pensacola, and socioeconomic classes and land values varied from lot …

Korean Hurricane Media Discourse Analysis, Youngae Lee

LSU Master's Theses

Presented within this thesis, I have analyzed a particular TV broadcast news discourse called Korean Hurricane Media Discourse (KHMD), which was presented online from YTN, a Korean cable TV news station. The data presents the topic of the Korean refugees who were forced to evacuate to Baton Rouge from New Orleans, after facing the destructions of Hurricane Katrina on August 2005. The methods are Ron Scollon’s TV news frames (1998), van Dijk’s superstructure (1988a and 1988b) and macrostructure (1980), Allan Bell’s news structure (1991), Dell Hymes’s SPEAKING model (1974), and Erving Goffman’s frameworks (1986). Since KHMD is a spoken, plannable …

Incentive And Expectation In Copyright, Sara K. Stadler

UC Law Journal

In this Article, the author reveals a fundamental flaw in how courts and scholars have come to reason about copyright law. Creators expect to be rewarded for engaging in the labor of creation, and one of those rewards is the bundle of exclusive rights known as "copyright." Congress uses copyright law to give creators the rewards they expect, so as to safeguard their incentives to create. But what if creators expect too much? Must Congress use copyright law to satisfy those expectations, thus preserving what creators claim to require as "incentive?" To date, everyone has assumed that the answer is …

Lawful Peacekeeping: Applicability Of International Humanitarian Law To United Nations Peacekeeping Operations, Jaume Saura

UC Law Journal

The deployment and operation of United Nations peacekeeping missions has been rightly considered one of the most successful initiatives in the history of the organization. In 1988, UN peacekeeping forces were awarded the Nobel Peace Prize for their contribution to reducing tensions and ending hostilities.

Although the "blue helmets" were not originally envisaged in the Charter of the United Nations, they have brought peace and stability to numerous cases of domestic and international armed conflict.

Notwithstanding the overall success of peacekeeping operations, recent violations of the laws of war by UN peacekeeping forces raise the question of the duty of …

Family Conflicts: The Role Of Religion In Refusing Medical Treatment For Minors, Jennifer E. Chen

UC Law Journal

Traditionally, minors are subject to their parents' will when it comes to their own healthcare treatment. While most parents make decisions consistent with societal values that they should obtain the best medical treatment available when their child is critically ill, cases exist where parents have refused medical treatment for their child because of their religious beliefs. Based on constitutional rights, parents have some leeway to make these treatment refusal decisions, and in no published case to date has a child asserted a treatment preference contrary to that of his or parents refusing treatment on religious grounds. Thus, courts have yet …

Principles For Resolving Conflicts Between Trade Secrets And The First Amendment, Pamela Samuelson

UC Law Journal

Trade secret defendants sometimes raise First Amendment defenses to trade secret misappropriation claims. Some commentators believe that the First Amendment defenses should never be given credence in trade secret cases because trade secrets are property rights and there is no First Amendment right to violate property rights, a theory which the California Supreme Court arguably adopted in DVD Copy Control Association v. Bunner. Other commentators assert that preliminary injunctions in informational trade secret cases should be considered prior restraints on speech, which bear a heavy presumption of unconstitutionality.

This Article asserts that preliminary injunctions in ordinary trade secret cases generally …

The Consumer Class Action Bill Of Rights: A Policy And Political Mistake, Laurens Walker

UC Law Journal

This Article discusses the significance of the Consumer Class Action Bill of Rights, found in section 3 of the 2005 Class Action Fairness Act. The author argues that this section is the most significant provision of the law. In addition to expounding upon the notice provision of the Bill of Rights Section, the Article explores the possible responses that public officials could make. Additionally, the author predicts a strong degree of public participation in class action settlements, especially by the Attorneys General of the states. The Article also considers the Act's substantive regulation of settlement terms, including ''coupon settlements," as …

Informed Consent: Requiring Doctors To Disclose Off-Label Prescriptions And Conflicts Of Interest, Margaret Z. Johns

UC Law Journal

The doctrine of informed consent should be expanded to require doctors to disclose: (i) off-label prescriptions; and (2) conflicts of interest created by drug-company marketing. Off-label prescriptions are those which do not comply with the FDAapproved use for the drug. While they are perfectly legal and a significant part of mainstream medicine, accounting for more than half of all prescriptions written today, in many instances they are not supported by scientific evidence, drive up the cost of health care, and expose patients to unnecessary risks. Conflicts of interest arise because drug companies provide free continuing medical education, pay speakers' and …

Creative Judicial Misunderstanding: Misapplication Of The Public Trust Doctrine In Michigan, Carl Shadi Paganelli

UC Law Journal

A candid but rational inquiry into the history of the public trust doctrine is essential to understanding a recent Michigan Supreme Court decision that suddenly and unexpectedly took private property for public use without just compensation.

Despite the Latinate allure of its terms-jus publicum and jus privatum-the public trust doctrine has no Roman law origins. It is a creature of the common law. It arose in England to explain the Crown's rights to tidelands and navigable waters. It followed English dominion across the Atlantic, where the fertile imagination of American lawyers unearthed the doctrine's supposed ancient Roman roots.

This Note …

Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy F. Hensel

UC Law Journal

This Article examines the issue of eligibility under the Individuals with Disabilities Education Act ("IDEA"), that is, what kind of disability a child must have to qualify for protection and services under the statute. The author explores whether the current legislative approach to disability and eligibility enhances the integration and advancement of children with impairments or reinforces the stigma of difference and inequality. Part I of the Article examines the legislative evolution of eligibility since the passage of the statute, then known as the Education for All Handicapped Children Act, in 1975. This Part also explores the legal and social …

Private Rights And Public International Law: Why Competition Among International Economic Law Tribunals Is Not Working, Andrea K. Bjorklund

UC Law Journal

This Article discusses the problematic consequences that result from individuals having multiple international economic tribunals available to redress grievances. The Article describes the proliferation of international courts and tribunals, and discusses the jurisdictional and subject matter authorities of the International Court of Justice, the World Trade Organization Settlement Body, and various regional dispute settlement bodies and municipal courts. The author notes the most problematic consequences of utilizing a system involving multiple forums are the promotion of fragmentation and duplication of tribunal and court authority. In addition, the author discusses the effect of public and private law principles on fragmentation and …

Letting Katz Out Of The Bag: Cognitive Freedom And Fourth Amendment Fidelity, Christian M. Halliburton

UC Law Journal

What would life be like if it became impossible to keep a secret? We may find out with the advent of a new technology called "Brain Fingerprinting" and other technologies that allow access to our very thoughts. This Article first discusses the advent of technology like Brain Fingerprinting and its kin, and their impact on cognitive autonomy. The Article then posits the question, what would the Constitution have to say about evidentiary inquiries into the mind through the use of such technology? The author argues that current Fourth Amendment jurisprudence, including Katz v. United States, is inadequate to address such …