Digital Commons Network^™

International Legal Malpractice: Not Only Will The Dog Eventually Bark, It Will Also Bite The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Ethan S. Burger

St. Mary's Law Journal

The internationalization of legal practice presents numerous issues for lawyers, such as obtaining qualifications to practice law in foreign jurisdictions and developing the necessary knowledge. Different and possibly conflicting notions of standards of care and professional responsibility will arise. Globalization is widely regarded as the principal driving force in international economic and political relations. From the standpoint of business activity there are myriad ways to assess the impact of globalization. These include tracking rates of exchange, observing altered methods, or examining how attitudes and information has changed. Globalization has increased the demand for specialized accounting and legal services connected with …

Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein

Case Western Reserve Journal of International Law

No abstract provided.

Enemies Through The Gates: Russian Violations Of International Law In The Georgia/Abkhazia Conflict, Noelle M. Shanahan Cutts

Case Western Reserve Journal of International Law

No abstract provided.

Toward A Feminist Theory Of The Rural, Lisa R. Pruitt

Utah Law Review

Angela Harris argued almost two decades ago that, "to energize legal theory, we need to subvert it with narratives and stories, accounts of the particular, the different, the hitherto silenced. I have sought to do precisely that here: to surface the stories of rural women, one group who have been overlooked, misunderstood, and thus silenced. Rural women have been silenced not only because of the lack of power that stems from socioeconomic disadvantage, but also because of their physical distance from public places, from centers of power, from services, and from opportunities of all sorts. The deepest atrocities of their …

Contagious Efficiency: The Growing Reliance On U.S.-Style Antitrust Settlements In Eu Law, George Stephanov Georgiev

Utah Law Review

Antitrust enforcement has been one of the great success stories of the EU integration project. Between 1962 and 2004, antitrust law did much to promote the common market, one of the preconditions for the creation of "an ever closer union among the peoples of Europe. After 2004, antitrust law still plays an important role in promoting economic liberalism and safeguarding against the introduction on the national level of protectionist policies that stymie growth and weaken EU integration. It is for this reason that the design and the performance of the antitrust regime are so important. And it is also for …

The Distribution Of Phylogenetic Diversity Of Mammals In Mexico And Its Implications For Conservation, Ena Edith Mata Zayas

School of Biological and Marine Sciences Theses

The current rate of biodiversity loss has stimulated studies aimed at identifying areas of concentration of biodiversity where conservation efforts can be targeted. Phylogeny has become an important element in conservation either to preserve areas of high phylogenetic diversity (and therefore evolutionary history) or to identify species attributes that make them prone to become endangered or at risk of extinction. This dissertation dealt with the quantification of phylogenetic diversity of Mexican mammals, its geographic distribution, and its correlation with both the life history attributes of the species and selected characteristics of the environment. In order to do this, I had …

An Evolutionary Model Of Parabolic Dune Development: Blowout To Mature Parabolic, Padre Island National Seashore, Texas, Winston Mckenna

LSU Master's Theses

The Texas barrier islands have been studied and well documented in relation to barrier island evolution and morphology (Leatherman, 1979; Morton, 1994; White and Weise, 1980). The detailed analysis and mapping of various dune types and systems that comprise Padre Island National Seashore, specifically parabolic dunes, is the focus of this research. Dune surveys and doqq’s, along with wind and weather records were used to develop an improved morphodynamic model for parabolic dunes. The wind records were provided by the Padre Island National Seashore, the National Data Climate Center, and the Texas Coastal Ocean Observation Network. Individual dune surveys were …

Nbpts Portfolio Option: Young Adolescence Science, Mary Margaretta Beck

Graduate Research Papers

I completed and submitted all the entries required for the Young Adolescence Science NBPTS portfolio. Entry one involves designing science instruction. In this entry, I followed one theme, matter, through several activities. Entry two was probing student understanding. I completed this entry using a cookie mining activity to understand the effects of mining. Entry three was inquiry through investigation. My students investigated making observations using black boxes. Entry four consists of my personal documented accomplishments and how they relate to student learning. These accomplishments include learning center, special projects, and co-teaching.

Incorporating Readings Outside Of The Textbook Into A High School Science Curriculum, Melissa Hesner

Graduate Research Papers

The use of trade books, such as nonfiction and storybooks, is often used in elementary classrooms as instructional tools for learning content. For many reasons. this strategy is neglected at the secondary level where textbooks remain the dominant, if only reading resource for students. The need to incorporate into instruction meaningful reading experiences beyond the textbook is important for developing students' scientific literacy and reading skills. This project explains the introduction of reading resources outside of the textbook, perceived results of the implementation, and selections for future reading in a high school physical science curriculum.

Using Distance Education To Deliver English Instruction In Indonesia, Muhammad Yaumi

Graduate Research Papers

This paper highlights using distance education to support students in learning English in· Indonesia. The purpose is to discuss using distance education for English instruction in Indonesia, the cultural uniqueness of Indonesian students' learning styles, and a model of distance education to deliver English instruction in Indonesia. Library research involved resources relating to distance education and teaching English in the Indonesian culture. This research involved a variety of print references, electronic databases and a variety of Web resources. Research indicated that distance educat10n in Indonesia has been implemented since the 1950s. The developmental history of distance education in Indonesia was …

Recognition Of Stroke Symptoms By The General Public Associated With Delayed Hospital Presentation: A Health Awareness Challenge, Shannon Rudolph Umthum

Graduate Research Papers

This review of literature examines knowledge of stroke risk factors and recognition of symptoms by the general public and their link to emergency department delays. This review is written with the intent of illustrating the need for educational campaigns and effective programming to improve the public's recognition of the symptoms of stroke and the urgency in seeking prompt medical attention for increased survival and decreased disability.

Voices In Cultural Heritage Preservation: A Comparative Study Between New Orleans And Changting (China), Guiyuan Wang

LSU Master's Theses

This is a comparative study between the historic preservation in two countries – the United States (New Orleans) and China (Changting). The main questions are how the voices of different groups become foregrounded or effaced in the dynamics of the political process. Pierre Bourdieu’s concepts -- social capital, cultural capital, and symbolic capital – are applied. The historic preservation in the United States is distinct from that in China. First, the national structures of governments are different, and the historic preservation systems are established in dissimilar ways. Second, at the local level, the question, that who take part in historic …

Comparative Phylogeography Of Four Montane Bird Species In Sabah, Malaysian Borneo, Cheryl Leigh Haines

LSU Master's Theses

Because of a dearth of modern quantitative studies of the ecology and evolution of birds, our understanding of the biogeography of the Bornean avifauna is rudimentary. Although paleogeographic evidence provides a well known mechanism for speciation in the lowlands of Borneo (i.e., repeated colonization and isolation of populations on Sunda islands caused by sea level changes), the process of speciation in montane areas is less easily explained. Knowledge about the processes responsible for montane speciation in Borneo is desirable because mountains clearly have played a key role in the evolution of the island’s avifauna, as evidenced by the relatively large …

Predicting Northern Goshawk Dynamics Using An Individual-Based Spatial Model, Melanie A. Smith

Graduate Student Theses, Dissertations, & Professional Papers

The northern goshawk (Accipiter gentilis) is a US Forest Service Region 2 Sensitive Species, requiring the Black Hills National Forest to manage for its viability. Previous studies have suggested that a model integrating goshawk population demographics, habitat availability, and territoriality would have the ability to predict population dynamics including goshawk locations, population size, and population viability. An individual-based spatial model was created for the Black Hills goshawk population. This project focused on evaluating our current understanding of goshawk dynamics, and making individual- and population-level predictions as appropriate following model validation. The model simulated demographics and behavior of individuals and usage …

Finishing A Friendly Argument: The Jury And The Historical Origins Of Diversity Jurisdiction, Robert L. Jones

Faculty Articles, Papers, and Other Scholarship

This Article argues that diversity jurisdiction was intended to funnel politically significant litigation into the federal courts principally because federal officials would have the power to dictate the composition of federal juries. All existing accounts for the origins of diversity jurisdiction ultimately rely upon putative differences between the state and federal benches for their explanations of the jurisdiction's origin. This emphasis on the bench is anachronistic, however, because the jury possessed far more power than the bench to decide cases in eighteenth-century American courts. American juries during this period customarily had the right to decide issues of law as well …

Designing Educational Games For Activity-Goal Alignment, Brett E. Shelton

Instructional Technology and Learning Sciences Faculty Publications

What indeed, can we expect from our newest trend in education, implementing moving pictures and conversations with instruction through simulation games? Lewis Carroll's familiar narratives Alice's Adventures in Wonderland and Alice Through the Looking Glass provide helpful imagery for many of the queries, explorations and assumptions we currently make about this latest Wonderland of academia. So what are the goals for the designers and researchers of educational games, or perhaps more importantly, what should be the goals?

Is There An Emerging Fiduciary Duty To Consider Human Rights?, Cynthia A. Williams, John M. Conley

Articles & Book Chapters

No abstract provided.

Trips And Trips Plus Impacts In Africa, Ikechi Mgbeoji

Articles & Book Chapters

The emergence of the World Trade Organization (WTO) as the juridical framework for global trade is one of the most fundamental changes in the second half of the last cenrury. No less epochal is the linkage of intellectual property rights (hereafter, IPR) issues to global trade governance. Prior to the WTO era, matters of IPR at the global level were usually dealt with at various fora of the United Nations, especially the United Nations Conference on Trade and Development (UNCTAD) and the World Intellectual Property Organization (WIP0).

The implication in this transformation has not been lost on commentators. Vincent Chiappetta …

A Spatial Model Of Regional Variations In Business Growth In Appalachian States, Gebremeskel H. Gebremariam, Tesfa Gebremedhin, Peter V. Schaeffer, Tim Phipps, Randall Jackson

Regional Research Institute Working Papers

In this study, a spatial growth equilibrium model of business growth is developed and empirically estimated by Generalized Spatial Two-Stage Least Squares (GS2SLS) estimator using cross-sectional data from Appalachian States counties for 1990-2000. Beside the existence of spatial spillover effects, the results suggest that agglomerative effects that arise from both the demand and the supply sides were active in contributing to business growth in the study area during the study period. The policy implications of these findings are: (1) Regional cooperation of counties and communities is advisable and may even in fact be necessary to design appropriate policies that encourage …

A Spatial Panel Simultaneous-Equations Model Of Business Growth, Migration Behavior, Local Public Services And Household Income In Appalachia, Gebremeskel H. Gebremariam, Tesfa Gebremedhin, Peter V. Schaeffer, Tim Phipps, Randall Jackson

Regional Research Institute Working Papers

In this paper we develop a spatial panel simultaneous-equations model of business growth, migration behavior, local public services and median household income in a partial lag-adjustment growth-equilibrium framework and utilizing a one-way error component model for the disturbances. This model is an extension of the “jobs follow people or people follow jobs” literature and it improved previous models in the growth-equilibrium tradition by: (1) explicitly modeling local government and regional income in the growth process; (2) explicitly modeling gross in-migration and gross out-migration separately in order to spell out the differential effects, which used to be glossed over under net …

When Languages Die: The Extinction Of The World's Languages And The Erosion Of Human Knowledge, K. David Harrison

Linguistics Faculty Works

In When Languages Die, K. David Harrison illustrates the individual face of language loss, as well as its global scale. Languages are the accretion of thousands of years of a people's science and art - from observations of ecological patterns to creation myths. The author shows that the disappearance of a language is a loss not only for the community of speakers itself but also for our common human knowledge of mathematics, biology, geography, philosophy, agriculture, and linguistics. In this century, we face a massive erosion of the human knowledge base. The global abandonment of indigenous languages will bring a …

Reducir La Exclusión Social Des Las Niñas, Kelly Hallman, Eva Roca

Poverty, Gender, and Youth

En todo el mundo, las niñas son sistemáticamente excluidas de la participación en la vida social, económica y política. La ausencia de niñas en estos terrenos tiene consecuencias, no solo para las mismas jóvenes sino también para la sociedad en su totalidad, ya que se exacerba la pobreza y se perpetúan las disparidades de salud, educación y éxito económico. A nivel internacional, esta marginación dificulta o hace imposible que algunos países logren objetivos en toda la sociedad, como los Objetivos de Desarrollo del Milenio, considerados por las Naciones Unidas como parámetros para reducir la pobreza. Desde hace algunos años, el …

From Dream To Reality: A Study Of British Migration To Western Australia In The 1960s, With Special Emphasis On Those Who Travelled On The Ss Castel Felice, Hilda June Caunt

Theses

This work is a unique contribution to the history of Western Australia. Over a million people left the British Isles to migrate to Australia during the 1960s. One hundred thousand migrants, not all of whom were British, came on the Castel Felice, one of the many ships travelling between Europe and Australia in the post-war movement of peoples. My thesis addresses the question of what motivated those who left Britain to do so at that time, for in Britain there were improving housing conditions, generally full employment, an impressive national social security system and the active social experience of the …

Tearing Down The Great Wall: The New Generation Investment Treaties Of The People's Republic Of China, Stephan W. Schill

Cardozo Journal of International and Comparative Law

The People's Republic of China (PRC or China) has emerged as the world's premier destination of foreign investment in the developing world and is continuously strengthening its position as a source of outward foreign investment, notably in Asia and Africa. In this context, the PRC has concluded over 110 bilateral investment treaties (BITs) that grant protection against expropriation and establish other standards of treatment for foreign investors in China and Chinese investors abroad. While the PRC was originally hesitant regarding international investment protection, the country started, beginning in the late 1990s, entering into new generation BITs that break with her …

Accuracy Assessment Of Individually Calibrated Journey-To-Crime Geographic Profiling Models, Tania Pal

LSU Master's Theses

Technological advances are fundamental to the development of spatial analysis tools and methodologies available and used within the criminal investigative process. This research focuses on one such methodology for serial crime analysis: Journey-to-Crime (JTC) Geographic Profiling (GP). JTC or the study of the travel behavior between an offender’s residence to and from the crime scene has been a subject of study within criminology for many years. GP, based on such travel behavior, is a spatial analysis and decision support tool that is used by law enforcement agencies to determine or predict the likely location of a serial offender’s residence or …

Hurricane Andrew And Pregnancies In Louisiana, Anzhelika Antipova

LSU Master's Theses

There are anecdotal accounts about the possible impact of a pregnant woman's mental health on her unborn fetus. This thesis investigates the possible association between hurricane-related stress experienced by pregnant women living in the area afflicted by Hurricane Andrew in Louisiana in 1992 and poor pregnancy outcomes such as preterm and Low Birth Weight (LBW) births. This is an important topic of research because by investigating past events one can better understand the pregnancy-related health issues for areas affected by extreme weather events such as Hurricanes Katrina and Rita. This research analyzed birth data from Louisiana both before and after …

Sendero Luminoso And Peruvian Counterinsurgency, Russell W. Switzer

LSU Master's Theses

Sendero Luminoso first appeared in Peru in May 1980 by burning several ballot boxes and hanging dogs from streetlights. This unusual event signaled the beginning of one of the most violent insurgencies in the Western hemisphere. Abimael Guzmán, the founder of Sendero Luminoso, set out to utterly destroy Peruvian society in order to replace it with his vision of a utopian communist society by creating a peasant uprising starting in the Andean highlands and spreading throughout Peru, eventually surrounding the capital, Lima. The government of Peru virtually ignored Sendero Luminoso for two years, which allowed the group to establish strong …

In Vivo Facial Tissue Depth Study Of Chinese-Americans In New York City, Wing Nam Joyce Chan

LSU Master's Theses

Facial tissue depth measurements are used to create forensic facial reconstructions to aid in human remains identification. Collection of such measurements began in the late nineteenth century with anatomists His, Kollman, and Welcker. Their results were used to bring the rich and famous back to life. In the 1970s, the technique of facial reconstruction was revitalized and incorporated into the forensic science field to aid in human identification. However, certain populations are extremely under-represented. This study collected facial tissue depth information from the adult Chinese-American population in New York City. The study sample included 101 adult Chinese-Americans of varying weights …

Prospects For Democratization In The Oil Monarchies Of The Persian Gulf, Julie Gauthier

LSU Master's Theses

The countries of the Gulf Cooperation Council (G.C.C.) represent a unique subset of the Arab world, with many common cultural, political, and economic characteristics. This research project is designed to assess the prospects for future democratization in these oil-rich monarchies. Contrary to many other Arab States, these nations have several advantages that bode well for future liberalization, including small, highly educated populations and vast resources. Several have young, progressive-minded rulers who are competing against each other regionally to be more modern and prestigious and enjoy increased influence. Further, these rulers face tremendous pressure to create jobs and opportunity for their …

Reevaluating Age In Subadult Remains In Response To Secular Changes In Skeletal Growth, Katherine Ann Blackwelder

LSU Master's Theses

The goal of forensic anthropology is the analysis and identification of human skeletal remains in a medicolegal context (Byers 2005:1-2). A forensic anthropologist can determine the age of subadult remains by various means, including dentition, centers of ossification, cranial suture closure, and epiphyseal union. Epiphyseal union is when all bones have completed their growth and fused, which happens for all bones by early adulthood. In this way, a forensic anthropologist can analyze the extent of epiphyseal union to determine the age of a deceased individual. This is done by comparing the skeletal remains to age-specific x-ray images of bones featured …