Digital Commons Network^™

Population Change And Social Vulnerability In The Wake Of Disaster: The Case Of Hurricanes Katrina And Rita, Candice A. Myers

LSU Master's Theses

Previous sociological research on natural disasters has highlighted how various dimensions of social vulnerability influence the impact of, and recovery from, such disasters. This research contributes to the literature by examining population change in the wake of Hurricanes Katrina and Rita, with an explicit focus on how social vulnerability moderates this relationship. Using data from the U.S. Census Bureau, I construct a macro-level Social Vulnerability Index (SoVI) for the impacted region and then use regression analysis to explore how various dimensions of social vulnerability are related to population change in the six months following the storms. The results reveal a …

An Original Composition, Galleria Armonica, Theme And Variations For Piano, Harpsichord, Harp And Orchestra And A Comparative Study Between The Pedagogical Methodologies Of Arnold Schoenberg And Nadia Boulanger Regarding Training The Composer, Barrett Ashley Johnson

LSU Doctoral Dissertations

Part one of this dissertation is an original music composition, Galleria Armonica, Theme and Variations for Piano, Harpsichord, Harp and Orchestra in fantasia variation form. The orchestra is divided into four groups: Strings (8/8/6/6/4), Winds (2/2/2/2/), Brass (4/3/3/1), and Percussion (Percussion I: Celesta, Timpani, Vibraphone, & Snare Drum; Percussion II: Suspended Cymbal, Orchestra Bells, Tam-Tam; Percussion III: Bass Drum, Side Drum, Triangle, & Tam-Tam.) Each solo instrument (Piano, Harpsichord & Harp) is physically associated with a specified group: Piano with Brass; Harpsichord with Strings: Harp with Winds, thus three primary groups. The percussion is employed as a crossover, unifying ensemble. …

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 …

Uncomfortable Performances: Discovering A Subversive Scenario For Rape Discourse, Annamaria Ruffino

LSU Master's Theses

Current trends in representations of rape show a new fascination with a rape scenario, a fascination that puts a normative slant on discourse surrounding rape. Normalizing the rape scenario carries various consequences for women; the first and foremost is that it turns the experience of rape into an entertainment commodity, thus causing women’s voices to be appropriated into dominant discourses and the capitalist project. One possible way to circumvent this normalization is to look toward feminist performance strategies in order to subvert this rape scenario and the discourses surrounding it from within. In this thesis, I explore ways to accomplish …

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 …

Blakely's Silver Lining; Sentencing Guidelines, Judicial Discretion, And Crime, Joanna Shepherd

UC Law Journal

The Supreme Court's recent decisions in United States v. Booker and Blakely v. Washington, invalidating mandatory criminal sentencing guidelines, could have the unexpected benefit of reducing crime. This Article is the first to use regression analysis to explore the relationship between sentencing guidelines and crime. It shows that adoption of guidelines is associated with significant increases in crime, contrary to the expectations of many of the original supporters of sentencing guidelines.

After developing several economic theories about the relationship between guidelines and crime, the author investigates this relationship empirically using a large, state-level data set. The analysis shows that guidelines …

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 …

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 …

Analysis Of The Association Between Socio-Demographic Variables, Juvenile Offending, And Formal Vs. Informal Juvenile Justice System Handling In A Non-Urban Sample, Stephen W. Phillippi, Jr.

LSU Doctoral Dissertations

PURPOSE: This study compares and contrasts first-time juvenile offenders enrolled in a community-based intervention program whose cases were processed either informally or formally, and examines empirically- and conceptually-relevant contributors to re-offending. METHODS: This is a longitudinal, secondary analysis of 1072 male and female offenders. The study includes descriptive univariate analyses; chi-square bivariate analyses of each independent variable with the dependent variables (level of processing and recidivism at both one and three years); and binary logistic regression analyses to identify significant predictors of the dependent variables. Independent variables include age, gender, race, family structure, marital status of biological parents, family income, …

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 …