Digital Commons Network^™

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 …

Informal Closing Of The Bypass: Minors' Petitions To Bypass Parental Consent For Abortion In An Age Of Increasing Judicial Refusals, Lauren Treadwell

UC Law Journal

The presence of an effective judicial bypass mechanism for minors seeking an abortion is fundamental to the validity of parental consent statutes. Following the United States Supreme Court's decision in Bellotti v. Baird H, states now have the flexibility to restrict minors' access to abortion by requiring parental consent for the procedure, provided an effective judicial bypass mechanism exists to handle situations where the minor does not want to involve her parents. Under Bellotti II, the minor must have the opportunity to petition the court for a waiver of the relevant parental consent law, which if granted, would allow her …

An Oracle Without Foresight - Plaintiffs' Arduous Burdens Under U.S. V. Oracle, Amanda J. Parkison Hassid

UC Law Journal

The decision in United States v. Oracle Corp. has the potential to obliterate the government's ability to successfully block certain mergers. The unique set of circumstances in Oracle created little binding precedent on Judge Vaughn Walker, who did not shy away from using this freedom. The court set forth requirements for the government that differed drastically from those proposed in Merger Guidelines promulgated by the Federal Trade Commission and the Department of Justice -requirements that effectively .increased the burden of proof for the government. In addition, the Oracle court disregarded volumes of the government's evidence, requesting instead evidence that would …

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 …

Duress: A Perplexing Barrier To Relief From Joint And Several Liability, M. Meghan Kerns

UC Law Journal

The majority of married taxpayers do not fully appreciate the legal ramifications of executing a joint tax return. Regardless of the actual division of combined income, upon filing a joint return, each spouse is responsible for the accuracy of the entire return and liable for the full amount of any tax deficiency arising from the return. To avoid joint and several liability, a couple could file separate returns; however, this often results in a greater total tax liability. Alternatively, a spouse who qualifies as "innocent" of the erroneous items reported by his or her spouse may claim relief under Internal …

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 …

Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J. S. Stein

UC Law Journal

This Article examines the history of disability law in the United States and the future of disability rights domestically and globally. The author describes the origins, moral salience, and limitations of the current social model of disability rights, and advocates for a human rights-based approach to disability rights. Specifically, the author notes the social model's laudable achievement in promulgating the Americans with Disabilities Act of 199o (ADA). Further, the author emphasizes the positive effects of the ADA on disability rights legislation internationally. However, this Article also presents the weaknesses of the current social model; the author suggests that due to …

A Loophole To Repair: "Repair And Maintenance" As A Way Around The Coastal Act's Prohibition Against Seawalls, Jenni Khuu

UC Law Journal

Seawalls and other shoreline protective devices alter natural shoreline conditions and result in dramatic beach loss. For this reason, the California Coastal Act of 1976 promulgated a series of prohibitions and requirements, forbidding coastal development that would require shoreline protection. On January 15, 2004, the California Coastal Commission approved commercial and residential development of promontories. The area, a landslide complex, cannot naturally sustain development. The existing seawall in its current state cannot support proposed development either. Nevertheless, the Coastal Commission approved the project, along with a new seawall to stabilize it. How did the proposal get past the Coastal Act's …

The Politics Of Deference And Inclusion: Toward A Uniform Framework For The Analysis Of Fundamental Alteration Under The Ada, Kerri Lynn Stone

UC Law Journal

This Article discusses a number of federal court opinions which have dealt with the "fundamental alteration" query, posed by Titles II and III of the Americans with Disabilities Act, in the five years after the Supreme Court decision in PGA Tour, Inc. v. Martin. The author identifies problems inherent in the approach taken in Martin and discusses the Court's lack of clear guidance on the issue. She then sets forth a proposed framework and suggested considerations for courts undertaking the fundamental alteration query. The Article declares that only after establishing such a framework may a court distinguish between compelling a …

Generalized Grievances And Judicial Discretion, Mark Gabel

UC Law Journal

Few scholars have questioned the common assumption that the generalized grievances doctrine is simply a prohibition on obtaining federal court standing based on one's status as a taxpayer or a citizen. This Note attempts to show that the current doctrine is actually somewhat broader than that, although the Supreme Court has refused to define its outer limits precisely.

This Note traces the history of the generalized grievances principle from its origins in the 1920s to today, arguing that the concept was not originally intended to be a stand-alone limitation on federal court standing. Rather, it was simply a facet of …

The Play's The Thing: A Theory Of Taxing Virtual Worlds, Bryan T. Camp

UC Law Journal

This Article looks at the potential tax issues arising from a new life activity: online role-playing games in virtual worlds. Currently, some thirty million people regularly play such games and the number is growing. Exploring the reach of the Tax Code into virtual world transactions not only responds to the potentially practical needs of millions of U.S. taxpayers, it also permits a reevaluation of core principles of income tax as they interplay with life activities in the context of twenty-first century American culture.

This Article's central thesis is that while player activity in virtual worlds undoubtedly produces measurable economic value …

Default Production Of Electronically Stored Information Under The Federal Rules Of Civil Procedure: The Requirements Of Rule 34(B), Vlad J. Kroll

UC Law Journal

This Note explains what parties have to do to meet the requirements for default production of electronic discovery under Rule 34(b) of the Federal Rules of Civil Procedure. Specifically, the author analyzes the meanings of "ordinarily maintained" and "reasonably usable" as used in Rule 34(b). After laying out the background of electronic discovery under the Federal Rules, the author interprets the rule's requirements for default production. First, the author analyzes the rule's language to determine its plain meaning. Then, the author examines the rule's position in the overall scheme of the Federal Rules. Finally, the author examines the rule's drafting …

Initiative Funding Through Targeted Taxes: Proposition 63, Mental Health, And The Crossroads Of Direct Democracy, Andrew M. Holmes

UC Law Journal

It took over forty-one years, but on November 2, 2004, President John F. Kennedy's vision of mental health care became a reality in California when 53.8% of the voters of California ratified Proposition 63. Proposition 63 (the Proposition) was criticized, however, the proponents of sought to bring relief to California's mental health system after decades of broken promises. The controversy surrounding Proposition 63 is not whether treatment for the mentally ill is a priority of the State but whether the novel funding structure is abusive.

The Note will first trace the roots of the controversy through a historical analysis of …

Authentically Innocent: Juries And Federal Regulatory Crimes, Jeffrey A. Meyer

UC Law Journal

Few ideals reign more supreme than the jury as conscience of our community and moral arbiter of a criminal defendant's conduct. These ideals are no more than myth for most federal criminal cases today. For a wide range of the most commonly charged federal crimes, judges routinely instruct juries to convict defendants regardless of their moral culpability. This issue arises with regulatory or public order crimes, which include drug trafficking, weapons, immigration, and environmental offenses. They are usually general intent crimes, defined by Congress without identifying precisely what the prosecution must prove a defendant knew or intended. General intent crimes …

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 …

The Role Of The Merchant In Bertolt Brecht's The Exception And The Rule: A Production Thesis In Acting, Mark Jaynes

LSU Master's Theses

The role of the Merchant in Bertolt Brecht’s The Exception and the Rule was selected as the topic of this production thesis in acting to be submitted unto the Graduate School of Louisiana State University in partial fulfillment of the requirements for graduation with the Master of Fine Arts degree in Theatre. The thesis includes an introduction, a chapter on preparation for the role, a chapter on implementation of the role, a physical score and a conclusion. It details the author’s approach to the role of the Merchant in performance, as well as to the performance theories of Bertolt Brecht …

Hallowed Halls: Abandoned Schools Of Louisiana, Lauren Q. Greathouse

LSU Master's Theses

"Hallowed Halls: Abandoned Schools of Louisiana" is an exploration of the remnants found in vacant educational institutions around the state. With the use of color and black and white images, I deal with my own memories of grade school by recreating the vibrancy and color I remember with the poignancy of those things and places that remain. These objects and spaces speak of an interaction with society and emit a history of the complex relationship between people, and the places and things that were once a part of their lives. The images are meant to suggest a contrast between what …

Evaluation Of Allochthonous And Autochthonous Microbial Populations In The In-Situ Remediation Of Weathered Oil In A Coastal Freshwater Habitat, Kyle Alan Schmidt

LSU Master's Theses

Use of bioremedial technologies has gained popularity in recent decades for application at oil spill sites. While much research has been done on specific case studies along marine shores, such as with the spill of the Exxon Valdez, there still remain questions as to the advantage of active biological treatment vs. natural attenuation in freshwater environments. To examine this question, a comparative study of allochthonous and autochthonous microbial communities ability to degrade weathered oil residuals was implemented at the CITGO Petroleum Refinery in Lake Charles, Louisiana following a spill of approximately 40,000 barrels of slop oil on June 19th, 2006 …

The Sociomoral Atmosphere Rating Template (Smart): An Investigation Of Reliability And Validity, Richard Sean Durham

LSU Doctoral Dissertations

This study describes the development of the Sociomoral Atmosphere Rating Template (SMART), an instrument designed to rate the sociomoral atmosphere in early childhood classrooms, and an investigation of the instrument's reliability and validity. Results indicate that individuals can be trained to reliably use the SMART and that the measure is internally consistent. In addition to its face validity, results indicate that the SMART has convergent validity when compared to the Early Childhood Environmental Rating Scale - Revised (Harms, Clifford, & Cryer, 1998) and the Teacher Interaction Scale (Arnett, 1989). Comparisons at the subscale level suggest discriminant validity. Implications and plans …

Reducing False Alarms In Searches For Gravitational Waves From Coalescing Binary Systems, Andres Rodri­Guez

LSU Master's Theses

LIGO observatories in Livingston, LA and Hanford, WA may detect gravitational waves emitted from coalescing binary systems composed of two compact objects. In order to detect compact binary coalescence (CBC) events, LIGO searches utilize matched filtering techniques. Matched filtering is the optimal detection strategy for stationary, Gaussian noise, however, LIGO noise is often non-stationary, non-Gaussian. Non-stationary noise result in an excess of false candidate events, commonly known as false alarms. This thesis develops the r² test to reduce the false alarm rate for LIGO CBC searches. Results of the search for primordial black hole binary systems (where each object …

Evaluation Of Compliance With The Long Term 1 Enhanced Surface Water Treatment Rule, Racquel Rena Douglas

LSU Master's Theses

Cryptosporidium is a common protozoan parasite that causes cryptosporidiosis, a severe gastrointestinal disease. Currently, there is no antibiotic available to treat the disease. Cryptosporidium has been responsible for several waterborne disease outbreaks in the United States. The largest cryptosporidiosis outbreak in United States history occurred in Milwaukee, Wisconsin in spring 1993. The vulnerability of the United State drinking water supply to waterborne disease outbreak is still prevalent nearly 15 years after the Milwaukee outbreak. In order to effectively control Cryptosporidium, the EPA has strengthened the regulations on turbidity control for filtration performance by implementing the Long Term 1 Enhanced Surface …

Isolation And Characterization Of The Siamese Family: A Novel Class Of Cell Cycle Regulators In Plants, Michelle Lynn Churchman

LSU Doctoral Dissertations

Recessive mutations in the SIAMESE (SIM) gene of Arabidopsis result in multicellular trichomes harboring individual nuclei with a low ploidy level, a phenotype strikingly different from that of wild-type trichomes, which are single cells with a nuclear DNA content of approximately 16-32C. These observations suggested that SIM is required to suppress mitosis as part of the switch to endoreplication in trichomes. We demonstrate that SIM encodes a novel 14kD protein that is part of a small Arabidopsis gene family comprised of four members. Homologs exist in other dicots and in monocots, although no obvious animal homologs have been identified. SIM …

Relationships Between Macroinvertebrate Communities And Environmental Characteristics Of Headwater Streams In Central Louisiana, Adrienne Viosca

LSU Master's Theses

Headwater streams are an integral part of any watershed system because they strongly influence the physical, chemical, and biological components of downstream reaches. Little information exists about macroinvertebrate community structure, spatiotemporal variation, or their relationships with environmental factors in low-gradient headwater streams of the subtropical coastal plain region in the Southern US. These headwater streams are typically slow moving, capable of accumulating large amounts of organic material, and often become intermittent during the dry season. Research is needed to understand the effects of these unique characteristics on stream health and ecology. This study aimed to determine aquatic macroinvertebrate community structure, …

Dragons Behind Glass: Views Of China And Japan In Three American Museums, Kristina Elaine Polizzi

LSU Master's Theses

This thesis will focus on three museums: the American Museum of Natural History in New York, New York, the Mobile Museum of Art in Mobile, Alabama and the Morikami Museum in Del Ray Beach, Florida. Overall the museums took surprisingly different approaches to designing their exhibits. The American Museum of Natural History gave a general overview of Japan and China. The Mobile Museum of Art focused only on pottery and the Morikami Museum focused on the Japanese immigrants that settled in Del Ray Beach. Differences and similarities of these museums and what these exhibits tell the viewer about the two …

Unwelcome Neighbors? Industrial Growth And Water Pollution In Lake Charles, Louisiana, 1940-1960, Jonathan Zachary Delaune

LSU Master's Theses

This paper focuses on the industrialization of Lake Charles, Louisiana during World War Two and the resulting shifts in pollution-related policy and public perceptions of pollution. A major impetus for the industrialization of the South was federal investment during the war. This is especially true for Lake Charles, a city where industrial agglomeration began with war-time financing of manufacturing plants to combat the shortages of aviation fuel and rubber. By tracing the public response to offensive pollution and the resulting shift in public policy, this paper will reveal a fundamental conflict between development-minded government institutions and a population interested in …

Behavior Problems Exhibited In Institutionalized Persons With Intellectual Disabilities And Schizophrenia Spectrum Disorders, Ryan Thorson

LSU Master's Theses

Although our understanding of dual diagnosis has improved in recent years, a deficit exists in our knowledge of how schizophrenia spectrum disorders (SSD) manifest themselves in individuals with intellectual disabilities (ID). We also know very little about the behavioral problems present with the ID population based on the existence of psychopathology. The present research attempted to extend the literature by comparing behavior problems of individuals with intellectual disability with SSD, any form of psychopathology, and no psychopathology. Utilizing the Behavior Problems Inventory (BPI), three areas of problem behaviors were examined (self-injurious behavior, stereotypic behavior, and aggressive/destructive behavior) and a total …

Juvenile Crawfish (Procambarus Clarkii) Lc50 Mortality From South Louisiana Crude, Peanut And Mineral Oil, Okey Umejuru

LSU Master's Theses

Nearly every continent has species of crawfish that inhabit wetlands or are near coastal areas where petroleum and other oils are produced, transported, and accidentally released. Most crawfish cannot tolerate polluted water. Thus, they could serve as biomonitors of fossil fuel, biofuel, and other oil releases and assess potential negative impacts such oils have on wetland and coastal ecosystems. The objectives of this study were to estimate the acute toxicity of three oils to juvenile crawfish and determine if toxicity was due to poisoning or interference with oxygen transfer across the gills. Juvenile crawfish (Procambarus clarkii) were tested for acute …