Digital Commons Network^™

Saint Maló Remembered, Erin Elizabeth Voisin

LSU Master's Theses

This research explores the unique process of creolization that occurred in Southern Louisiana through the development of the figure of San Maló over time. His transformation from historic rebel to religious icon takes place through the devices of folklore, poetry, and song. This developmental process of a culture redefining its heroes through oral tradition represents the dynamism of creolization. The transformative process of San Maló serves as an exemplary representation of how a culture negotiates its own history with what is deemed necessary and beneficial to the culture’s survival. All information on this transformation was gathered through historic research and …

Multiple Forms Of Atypical Rearrangements Generating Supernumerary Derivative Chromosome 15., Nicholas J Wang, Alexander S Parokonny, Karen N Thatcher, Jennette Driscoll, Barbara M Malone, Naghmeh Dorrani, Marian Sigman, Janine M Lasalle, N Carolyn Schanen

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

BACKGROUND: Maternally-derived duplications that include the imprinted region on the proximal long arm of chromosome 15 underlie a complex neurobehavioral disorder characterized by cognitive impairment, seizures and a substantial risk for autism spectrum disorders1. The duplications most often take the form of a supernumerary pseudodicentric derivative chromosome 15 [der(15)] that has been called inverted duplication 15 or isodicentric 15 [idic(15)], although interstitial rearrangements also occur. Similar to the deletions found in most cases of Angelman and Prader Willi syndrome, the duplications appear to be mediated by unequal homologous recombination involving low copy repeats (LCR) that are found clustered in the …

Proteomic Profiling Of Endorepellin Angiostatic Activity On Human Endothelial Cells., Jason J Zoeller, Renato V Iozzo

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

BACKGROUND: Endorepellin, the C-terminal domain V of the heparan sulfate proteoglycan perlecan, exhibits powerful and targeted anti-angiogenic activity on endothelial cells. To identify proteins involved with endorepellin anti-angiogenic action, we performed an extensive comparative proteomic analysis between vehicle- and endorepellin-treated human endothelial cells. RESULTS: Proteomic analysis of endorepellin influence on human umbilical vein endothelial cells identified five differentially expressed proteins, three of which (beta-actin, calreticulin, and chaperonin/Hsp60) were down-regulated and two of which (vimentin and the beta subunit of prolyl 4-hydroxylase also known as protein disulfide isomerase) were up-regulated in response to endorepellin treatment-and associated with a fold change (endorepellin/control) …

Ex Parte Domestic Violence Orders Of Protection: How Easing Access To Judicial Process Has Eased The Possibility For Abuse Of The Process, David H. Taylor

Faculty Articles, Papers, and Other Scholarship

This article explores how state domestic violence statutory schemes that grant temporary ex parte orders have inadvertently lead to the abuse of orders of protection. Part I introduces how domestic violence statutes came to be, and describes how the typical statutory scheme works when it comes to granting ex parte orders. Part II examines the problems that occur when ex parte relief is easily obtained. Part III looks at the factors that contribute to the ability to misuse orders of protection. Part IV discusses due process and ex parte orders of protection. Part V is a survey of the state …

Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh

Journal of Dispute Resolution

This essay will focus on three factors that may help to explain why it seems to be so difficult for many lawyers to escape the confines of a narrow, legalistic framing of issues-or more poetically, why they may be predisposed against looking down "the road less traveled by." These factors should be taken into account as challenges to the widespread adoption of innovative, more humanistic approaches to lawyering. First, the essay will turn to research regarding the psyches and psychological needs of the people who choose to attend law school and become lawyers. Second, the essay will consider what is …

Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane

Journal of Dispute Resolution

In this paper, I shall first briefly examine some of the most significant changes affecting legal practice, especially civil litigation, and ask what adjustments in the professional identity and role of the lawyer these imply or perhaps even require from lawyers. I shall also consider what evidence we have for the evolution of the "new lawyer." I shall then approach these questions from a practice-based perspective, looking specifically at client advocacy, legal negotiation, and the lawyer-client relationship.

Why Should Businesses Hire Settlement Counsel, Kathy A. Bryan

Journal of Dispute Resolution

As a former in-house litigation manager, I hired separate settlement counsel in only a few cases and with varying results. With responsibilities for hiring and managing a large portfolio of outside firms, I was loath to increase case-staffing ranks for many reasons-and cost was only one factor. Internal resources must oversee litigation, and having another set of outside lawyer relationships on the same case generally seemed duplicative. Worse, it demanded more of my scarce time to manage both the relationship and the primary litigation firm

Collaborative Family Law, The New Lawyer, And Deep Resolution Of Divorce-Related Conflicts, Pauline H. Tesler

Journal of Dispute Resolution

Unlike many of the contributions to this Symposium issue, mine is a speculative, idiosyncratic opinion piece. I want to explore what we know, what we think we know, what we do not know, and what we need to know about Collaborative Law and interdisciplinary team Collaborative Divorce Practice as they presently exist in the field of family law, in two respects: what these processes offer to clients (the "deep resolution" part of my title) and what effect the practice of these processes has on lawyers (the "new lawyer" part of my title). Instead of citing to authority, this essay draws …

Collaborative Law Practice: An Unbundled Approach To Informed Client Decision Making, Forrest S. Mosten

Journal of Dispute Resolution

This article is intended to explore the commonality of the development of informed decision making/consent for unbundled legal services and Collaborative Law utilizing the unbundled approach of bifurcating the attorney role between advisor and provider to give clients a full and balanced education of the process of Collaborative Law, the various models of Collaborative Practice available, and to help the client make an informed decision prior to commencing a Collaborative Law engagement.

Practical Insights From An Empirical Study Of Cooperative Lawyers In Wisconsin, John Lande

Journal of Dispute Resolution

This article proceeds as follows. After Part II describes the research methodology, Part III depicts DCI members' general orientation toward cooperation and their reactions to litigation-oriented and Collaborative Practice. This Part highlights the distinctions between the three types of practice. Not surprisingly, DCI members' interest in Cooperative Practice reflects some dissatisfaction with both litigation-oriented and Collaborative Practice. Part IV describes DCI members' accounts about Cooperative Practice, including their goals, how they define Cooperative cases, their views about appropriateness of Cooperative Practice, how cases are initiated, the number and characteristics of these cases, and the procedures used in Cooperative Practice. It …

Suing For Small Potatoes: Consumer Class Action Waivers In Arbitration Agreements Distinguished By The Ninth Circuit, Jaimee Conley

Journal of Dispute Resolution

In Shroyer, the Ninth Circuit laid a foundation for looking at consumer class action arbitration waivers with greater scrutiny, using a much narrower test. In doing so, it communicates a clear message to large corporations that arbitration agreements that include class action waivers for the purpose of cheating consumers out of small amounts of money will not be tolerated. This case note will address the significance of the Ninth Circuit's decision and the policy arguments supporting such an approach.

Retro Models Of The Cisplatin-Dna Cross-Link With Carrier Ligands Having Sp2 N-Donor Triazine Rings, Vidhi Maheshwari

LSU Doctoral Dissertations

Rapid rotation of guanine base derivatives about Pt–N7 bonds results in fluxional behavior of models of the key DNA intrastrand G–G cross-link leading to anticancer activity of Pt(II) drugs (G = deoxyguanosine). This behavior impedes the characterization of LPtG2 models (L = one bidentate or two cis-unidentate carrier ligands; G = guanine derivative). The objective of this study is to understand the types of conformers formed as L is systematically varied. This work, relevant to Pt(II) anticancer drugs, has evolved from published studies with sp3 N-ligands (e.g., 2,2'-bipiperidine), to C2 symmetrical or unsymmetrical sp2 N-ligands having pyridine and/or triazine rings. …

Native Spiritualities As Resistance: Disrupting Colonialism In The Americas, Kirstin Lea Squint

LSU Doctoral Dissertations

This project analyzes eight novels which represent revolt or resistance by varied Native peoples against the European and Euro-American colonization of the Americas. I take a comparative approach to literatures of the Americas because of the dearth of research examining the literatures of both continents side by side, particularly literatures by and about Indigenous Americans. Chapter One introduces the theoretical bases for the project, including colonial and postcolonial theories, Native American literary theories, and aesthetic concerns specific to American Indian literatures. The second chapter is a comparative analysis of Miguel Angel Asturias’s Men of Maize and Leslie Marmon Silko’s Almanac …

Preserving Power Without Sacrificing Justice: Creating An Effective Reciprocity Regime For The Recognition And Enforcement Of Foreign Judgments, Vishali Singal

UC Law Journal

Globalization has transformed the world's legal systems into interconnected regimes. The strength of a nation's legal system is predicated, in part, on whether foreign nations will recognize and enforce its judgments. While nations have accorded respect to one another's judgments in the spirit of comity by recognizing and enforcing them, none are obligated to do so. Given these delicate relationships between nations, a debate has arisen in the United States' legal community as to whether the United States should require foreign nations to recognize and enforce its own judgments before its courts will reciprocate this treatment towards foreign judgments. In …

Personal Jurisdiction In The Ninth Circuit, Peter Singleton

UC Law Journal

Personal jurisdiction is an area of unquestioned doctrinal significance. Personal jurisdiction is also of great practical importance to litigators, as well as to the trial court judges who need to apply personal jurisdiction doctrines to cases brought before them.

The Ninth Circuit has issued dozens of published personal jurisdiction opinions which have continuing precedential significance. This body of case law, while often well argued and well-reasoned, is at times confusing and even conflicting. This presents substantial problems for Ninth Circuit panels attempting to follow precedent, let alone for district courts who are attempting to apply the law, litigators attempting to …

Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft

Articles by Maurer Faculty

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

Preventive Tax Policy: Chief Justice Roger J. Traynor's Tax Philosophy, Mirit Eyal-Cohen

UC Law Journal

Justice Roger J. Traynor is best known for his judicial innovations in the fields of conflict of laws, product liability, and civil procedure. However, few would trace Traynor's roots to the field of tax law. In the late 193os, Traynor and Stanley S. Surrey, one of our nation's foremost authorities on federal tax law, worked together to propose a substantial transformation of existing mechanisms for settling tax disputes. At what was a crucial time in the development of tax law, high marginal tax rates intensified the friction between taxpayers and the government, boosted litigation, and multiplied the number of tax …

Duty Issues In The Ever-Changing World Of Payments Processing: Is It Time For New Rules?, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.

Inferences, Arguments, And Second Generation Forensic Evidence, Erin Murphy

UC Law Journal

Advances in scientific and technological evidence have resulted in a new, "second generation" of forensic proof characterized by its high degree of probativeness and mechanical sophistication. Methods such as DNA typing are already in widespread use in the criminal justice system, and law enforcement may soon have available other biometric techniques, global locators, or even reliable lie detection systems.

The promise and allure of such forms of forensic evidence lie in its high degree of accuracy. But the perception that such evidence is infallible has resulted in an increasing number of instances in which the government has sought to bolster …

Conceptual Hurdles To The Application Of Atkins V. Virgina, Lois A. Weithorn

UC Law Journal

In its 2002 decision in Atkins v. Virginia, the United States Supreme Court held that the Eighth Amendment's prohibition against cruel and unusual punishment precludes the execution of "mentally retarded offender[s]." Despite the apparent "brightline" clarity of an absolute ban on the execution of mentally retarded offenders, the determination of which offenders fall within the protected group is deceivingly complex. The meanings of the concepts of "mental retardation," "intelligence," and "adaptive behavior" are-like the standards of decency guiding the Court-continually evolving, and are subjects of ongoing reevaluation and debate. Given what is at stake in Atkins assessments, lawmakers, jurists, practitioners, …

The Temporal Dimension Of Land Pollution: Another Perspective On Applying The Breaking The Logjam Principles To Waste Management, John S. Applegate

Articles by Maurer Faculty

Unlike air and water pollution, pollution from dangerous solid and liquid wastes on land remains a relatively concentrated, active hazard for long periods of time. Uncontrolled, land pollution moves through the environment slowly and often without significant diminution of toxicity. Persistence, in fact, is often regarded as the defining quality of dangerous land pollutants. Hazardous and nuclear waste regulation is very much concerned with the problem of maintaining the isolation of solid and liquid materials over decades, centuries, and even millennia, and, the author argues, there is good reason to believe that waste management practices and institutions are not well …

Communicating Opinion Evidence In The Forensic Identification Sciences: Accuracy And Impact, Dawn Mcquiston-Surrett, Michael J. Saks

UC Law Journal

How forensic identification experts describe their observations and express their opinions in court can be expected to have important effects on what jurors and judges conclude from this evidence. But the communication of findings from forensic identification analyses can be challenging as experts try to express their results accurately: without error, exaggeration or intentionally or unintentionally misleading fact finders. In this Article, we discuss how fact finders interpret and respond to the expert testimony of forensic science examiners, and how expert testimony can be made most informative. We first describe the results of several empirical studies we have done which …

Characterization Of The Lucinid Bivalve-Bacteria Symbiotic System: The Significance Of The Geochemical Habitat On Bacterial Symbiont Diversity And Phylogeny, Angela Marissa Green-Garcia

LSU Master's Theses

Extensive characterization of a single lucinid bivalve habitat was conducted to characterize the relationship between host bivalve and thiotrophic bacterial endosymbionts. For lucinids, the ecological and evolutionary relationships between hosts and endosymbionts are poorly understood. Reconstructing the evolutionary history of lucinid endosymbiosis, and the geologic significance of the association, has been hampered by insufficient knowledge of endosymbiont ecology and taxonomic diversity. Host organisms (Lucinisca nassula and Phacoides pectinatus) were collected from Cedar Keys, Florida, within the top 15-20 cm of the sediment in sea grass beds. PCR amplification and sequencing of bacterial 16S rRNA genes from lucinid gills and sediment …

Disciplinary Differences In Preferred Research Methods: A Comparison Of Groups In The Biglan Classification Scheme, Mark A. Alise

LSU Doctoral Dissertations

The Biglan system of classifying disciplines in groups based on similarities and differences in their subject matter has been validated in numerous empirical studies. The present study sought to expand that validation by comparing two Biglan groups that include disciplines representing the social and behavioral sciences. As a unique point of comparison, preferred research methods were contrasted between Psychology and Sociology forming one group of pure disciplines and Education and Nursing forming another group of applied disciplines. A code sheet was developed to categorize the various components of published research, distinguishing at the most basic level quantitative, qualitative, and mixed …

Analysis Of Equation And Diagram Construction In Applied Calculus Problem Solving, Ahmed Ibrahim Usman

LSU Doctoral Dissertations

The purpose of this study was to assess algebra and geometric prerequisites skills as incorporated into the Applied Calculus Optimization Problem (ACOP) solution. The difficulties that students encounter in applying algebraic and geometric prerequisites at the early stages of the ACOP solution were identified. The study analyzes errors related to variables and equations (i.e. algebraic symbol/transformation skills), drawing of geometric diagrams (visualization skills) and those associated with application of basic differentiation concepts into ACOP solution process. The study’s goals were addressed as seven specific research questions further subdivided into three main parts: the first four research questions investigated prerequisite algebraic …

Gender Politics, Gender Paradox: Establishing And Implementing Global Standards For The Promotion And Protection Of Women's Health, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Cleaver, The Violin, And The Scalpel: Duty And The Restatement (Third) Of Torts, Aaron D. Twerski

UC Law Journal

This Article takes issue with the approach taken by the proposed final draft of the Restatement (Third) of Torts that insists that noduty or limited duty rules should be formulated only when a court can promulgate clear, categorical, bright-line rules that are applicable to a general class of cases. In this Article I demonstrate that no-duty rules may often have to be formulated and tailored to the facts of a specific case. I respond to the critics who are concerned that no-duty rules that are fact specific allow courts to invade the province of juries whose task it is to …

Apocalypse South: Judgment, Cataclysm, And Resistance In The Regional Imaginary, Anthony Hoefer

LSU Doctoral Dissertations

This project investigates manifestations of Apocalypse in selected works of southern fiction, each of which simultaneously draws upon the cosmology of southern evangelical Protestantism and disrupts that cosmology’s power to govern the discourses of race, class, and gender in the U.S. South. Apocalypse South proposes that invocations of the Apocalypse are signs of deferred meaning—of hidden histories of undifferentiation, hybridity, and contradiction which defy the prevailing discourses that configure social relationships in southern spaces and places. Southern religious culture maps Apocalypse onto the boundaries of race, class, and gender and imparts catastrophic consequences to their violations. However, the works investigated …

Quiescent Current Testing Of Cmos Data Converters, Siva Yellampalli

LSU Doctoral Dissertations

Power supply quiescent current (IDDQ) testing has been very effective in VLSI circuits designed in CMOS processes detecting physical defects such as open and shorts and bridging defects. However, in sub-micron VLSI circuits, IDDQ is masked by the increased subthreshold (leakage) current of MOSFETs affecting the efficiency of I¬DDQ testing. In this work, an attempt has been made to perform robust IDDQ testing in presence of increased leakage current by suitably modifying some of the test methods normally used in industry. Digital CMOS integrated circuits have been tested successfully using IDDQ and IDDQ methods for physical defects. However, testing of …

Disney Goes Goofy: Agency, Delegation, And Corporate Governance, Marc I. Steinberg, Matthew D. Bivona

UC Law Journal

In the wake of the corporate debacles that have occurred in the last decade, there has been an increasing legislative and judicial focus on the reform of corporate governance standards. Such reforms, including the Sarbanes-Oxley Act, sing the praises of independent directors in effectuating meaningful corporate governance. The Delaware courts as well have emphasized the importance of independent directors in the corporate governance framework.

The Delaware Supreme Court's decision in Disney seems to be a reaffirmation of the business judgment rule as applied to corporate directors; however, the court's highly-publicized decision ignores a crucial component of the case: the Delaware …