Digital Commons Network^™

The Good And Bad News About Consent Searches In The Supreme Court, Tracey Maclin

Faculty Scholarship

This article is about the Supreme Court's consent search doctrine. Part I describes how the law of consent searches developed between the 1920s and 1973, when Schneckloth v. Bustamonte was decided, which is the Court's seminal consent search case.

Part II of the article is a discussion of Bustamonte. In particular, this part highlights the spoken and unspoken premises that influenced the result in Bustamonte and outlines Bustamonte's continuing relevance for consent search cases today.

Part III examines United States v. Drayton, a ruling authored by Justice Kennedy that explains why a cryptic passage in that ruling provides important clues …

Reincarnating The "Major Questions" Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail Moncrieff

Faculty Scholarship

In a pair of cases declaring a major questions exception to Chevron deference, the Supreme Court held that executive agencies may not implement major policy changes without explicit authorization from Congress. But in Massachusetts v. EPA, the Court unceremoniously killed its major questions rule, requiring the EPA to implement one such major policy change. Because the scholarly literature to date has failed to discern a worthy justification for the major questions rule, the academy might be tempted to celebrate the rule's death. This Article, how-ever, argues that the rule ought to be mourned and, indeed, reincarnated. It offers a non-interference …

Antitrust Law And Regulatory Gaming, Stacey Dogan

Faculty Scholarship

Antitrust law promotes competition in the service of economic efficiency. Government regulation may or may not promote either competition or efficiency, depending on both the goals of the agency and the effects of industry "capture." Antitrust courts have long included regulated industries within their purview, working to ensure that regulated industries could not use the limits that regulation imposes on the normal competitive process to achieve anticompetitive ends. Doing so makes sense; an antitrust law that ignored anticompetitive behavior in any regulated industry would be a law full of holes.

The role of antitrust in policing regulated industries appears to …

The Scope Of Executive Power In The Twenty-First Century: An Introduction, Robert D. Sloane

Faculty Scholarship

This is a revised version of introductory remarks to a panel entitled The Scope of Executive Power held on October 12, 2007, at Boston University Law School's symposium, The Role of the President in the 21st Century. It focuses on an argument advanced by Charlie Savage, among others: that the Bush administration has forged a breathtakingly robust view of the scope of executive power by combining (1) the original Unitary Executive thesis, which insists on the "exclusivity" of certain plenary presidential powers; with (2) a new Unitary Executive thesis, which insists on a vastly expanded vision of the "scope" of …

Choosing The Top Candidate: Best Practices In Academic Law Library Hiring, Ronald E. Wheeler, Nancy P. Johnson, Terrance K. Manion

Faculty Scholarship

The authors discuss successful hiring practices in academic law libraries. Their discussion details each step of the hiring process, from vacancy to offer, and explores strategies for implementing the steps successfully. The processes examined include: reviewing the vacancy, assessing the library needs, forming an effective search committee, writing a winning job description, checking references, conducting an interview, and making an offer. The authors assert that a successful hire will influence every aspect of your library and, as such, a library needs to devote considerable attention and resources to librarian searches.

Patent Carrots And Sticks: A Model Of Nonobviousness, Michael J. Meurer

Faculty Scholarship

The authors develop an informal model of the impact of the nonobviousness standard on the choice of research projects. Previous models assume that the basic question confronting a researcher is, "Shall I produce this particular invention?" More realistically, the authors think a researcher asks, "Which research path shall I pursue?" The model shows that a patent serves as a carrot to induce the choice of more difficult projects than would be pursued under the no-patent alternative. The nonobviousness standard serves as a stick to prod researchers to choose even more difficult projects. The results of the model help us understand …

Unleashing Or Harnessing "Armies Of Compassion"?: Reflections On The Faith-Based Initiative, Linda C. Mcclain

Faculty Scholarship

A central tenet of President George W. Bush's faith-based initiative, launched in 2001, is that the federal government, by entering into more partnerships with religious and community organizations, should put the power of faith to work to solve pressing social problems. Proponents of the initiative have invoked the eighteenth-century French writer Alexis de Tocqueville's famous observations about the American propensity to join various voluntary associations as well as the Catholic principle of subsidiarity. Seven years into the faith-based initiative, challenging questions remain about what, exactly, it means to put faith to work. Such questions deserve attention, given the institutionalization of …

Family Life, The Politics Of The Family, And Social Transformation, Linda C. Mcclain

Faculty Scholarship

Why do families matter? Is it simply because of their role in social reproduction, or does this ignore the personal goods, the benefits and burdens, of intimate life? Does an emphasis on the formative role of families risk treating them merely as serving the state and divert attention from the rights of persons to form families and the rights - and needs - of children to nurturing relationships? What kind of social and economic transformation would be necessary to implement a normative vision of family that supports families, is egalitarian, and respects diversity? What is the best way to rectify …

The New Death Of Contract: Creeping Corporate Fiduciary Duties For Creditors, Frederick Tung

Faculty Scholarship

The article identifies a worrisome trend in corporate law and scholarship. Across seemingly unrelated issue areas, courts and scholars have lost faith in private corporate bargains. They invite judicial intervention into private contract, proposing to expand fiduciary duties beyond their traditional shareholder centered focus to protect non-shareholder claimants from managerial opportunism. When conflict between claimant classes becomes acute, managers pursuing shareholder value may make inefficient investments that benefit shareholders but harm other claimants and the firm generally. I argue that claimants' private contracts with the firm are superior to expanded duty for constraining this opportunism. I focus on one specific …

The Roles Of Standardization, Certification And Assurance Services In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin

All Faculty Publications

In this article we examine the rapid emergence and expansion of standardized product and process frameworks and a private-sector compliance and enforcement infrastructure that we believe may increasingly be providing a substitute for public and legal regulatory infrastructure in global commerce. This infrastructure is provided by a proliferation of performance codes and standards, many of which define acceptable social and environmental behavior, and a rapidly-growing number of privately-trained and authorized inspectors and certifiers that we call the third-party assurance industry. We offer reasons for this development, evidence of its scope and scale, and then describe the phenomenon in more detail …

Listening To Their Voices: Women Prisoners And Access To Justice In Manitoba, Debra Parkes, Kathy Bent, Tracey Peter, Tracy Booth

All Faculty Publications

The existing research into effective accountability and oversight of Canadian prisons has considered the situation of federally sentenced prisoners (that is, those serving sentences of two years or more) and has raised serious questions about their ability to access justice in the sense of having adequate and accessible means to ensure that their treatment and conditions of confinement are just and in compliance with the law. Relatively little is known about the state of oversight and legal review processes at the provincial level, where jail terms are short and prisoners’ rights litigation is rare. This paper attempts to begin filling …

Proportionate Securities Regulation: The Potential For Scaled Treatment Of Junior Issuers, Janis P. Sarra

All Faculty Publications

Particular features of Canada’s capital market inform our consideration of moving towards a more proportionate regulatory system. Specifically, Canada has a large number of small public companies; its market cap is concentrated largely in four provinces; it has a particular focus on mining, resources and technology; and a significant number of issuers are cross-listed on US exchanges. Canadian securities regulators have already recognized some measure of proportionate regulation in their national instruments, based on the type of listing. The paper suggests that a number of overriding principles or considerations should be taken into account in respect of a further move …

Homeownership Risk Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Sexual Orientation & Gender Identity: American Law In Light Of East Asian Developments, Holning S. Lau

Faculty Publications

No abstract provided.

Human Rights And Globalization: Putting The Race To The Top In Perspective, Holning S. Lau

Faculty Publications

No abstract provided.

The Use Of Serum Uric Acid As An Indicator Of Amino Acid Utilization In Diets For Broilers, Amanda L. Donsbough

LSU Master's Theses

The purpose of this research was to determine if serum uric acid (SUA) could be used as an indicator of amino acid (AA) utilization in broilers and to determine the Lys requirement of broilers using SUA as a response variable. Treatments were replicated with at least 6 pens with at least 6 broilers per pen. Experiments (Exp.) were conducted from 0- to 14, 17, or 18- d posthatching in brooder batteries. Five experiments were conducted to determine if SUA and uric acid content of the excreta (UAE) could be used to determine AA adequacy of a diet. The results of …

Solution Conformations And Structural Thermodynamics Of Type I Dna Polymerases From Escherichia Coli And Thermus Aquaticus, Allison Joubert Richard

LSU Doctoral Dissertations

The global conformations of DNA polymerase I from Thermus aquaticus (Taq/Klentaq) and E. coli (Pol I/Klenow) both in isolation and in complex with DNA have been examined in solution using hydrodynamic (analytical ultracentrifugation) and small/wide angle X-ray scattering techniques and then compared to their known crystal structures to assess the similarities and differences in the overall structure of these enzymes and enzyme complexes within a solution environment. These studies address the orientation of the 5’ nuclease domain with respect the polymerase domain (elongated or compact) for the full-length polymerases, and the binding mode (“polymerization” versus “editing”) of the DNA substrate …

Exercise And Peripheral Vascular Function In Health And Disease, Arturo Arce

LSU Doctoral Dissertations

“Chronic disease will never reach its clinical horizon to compromise health if it is attacked at its origin” [1]. Knowledge that one’s risk for cardiovascular events is related to the severity of endothelial dysfunction, and evidence that exercise training can improve endothelial function, has prompted speculation that measures of vascular function may serve as a “barometer” for cardiovascular health. This dissertation consists of three experiments intended to study vascular function and the manner in which it may influence or may be influenced by physical function. Project one examined the influence of high and low volume circuit weight training on forearm …

Growth And Properties Of Metal-On-Metal Nanostructures: Ag On Cu(110) And Co On Ag(110), Indrajith Chandima Senevirathne

LSU Doctoral Dissertations

Heteroepitaxial nanostructures have a diverse array of applications and show novel phenomena that arise from the exotic physics exhibited in reduced dimensions. We have investigated two nano-structured systems in order to gain insights into the dynamics of their nucleation, growth and have observed striking differences, due in part to a competition between lattice strain, surface and interfacial free energies. When Ag is deposited on clean, single-crystal Cu(110), it initially wets the surface with a (111) monolayer, and spontaneously nucleates nanowires as the coverage is increased. The nanowires nucleate at defects and step edges and grow aligned along the [1–10] direction. …

Effects Of Burning On Henslow's Sparrow (Ammodramus Henslowii) Density And Habitat Quality In Louisiana, Laura M. Palasz

LSU Master's Theses

The Henslow’s Sparrow (Ammodramus henslowii) is a grassland species of concern that winters in prairies and open pine savannas across the Gulf Coastal Plain. Previous studies have indicated that these birds occur at higher densities in recently burned habitats in winter, but this has never been examined over a large geographic area containing multiple habitat types. The objectives of the study were to identify areas of important winter habitat in Louisiana, to examine the relationship between time since burn, bird density, and bird condition, and to determine vegetation structure and composition used by birds. We found most of the new …

Representation & Its Limit, Neal Anderson Hebert

LSU Master's Theses

This thesis is an investigation into traditional accounts of aesthetic representation. Using the work of Noel Carroll as an exemplar of the definition put forward in canonical philosophical accounts of aesthetic representation, I look at how Carroll’s account must work. By examining both the definition in abstract and how this definition is instantiated into existent and hypothetical works of art, it becomes apparent that Carroll’s definition is overly stringent and relies upon a counterintuitive distinction between aesthetic representation and aesthetic expression. This distinction is problematic insofar as the distinction seems to be a largely semantic distinction: the mechanism by which …

Chemical Analysis Of Polymer Blends Via Synchrotron X-Ray Tomography, Heath Alan Barnett

LSU Doctoral Dissertations

Material properties of industrial polymer blends are of great importance. X-ray tomography has been used to obtain spatial chemical information about various polymer blends. The spatial images are acquired with synchrotron X-ray tomography because of its rapidity, good spatial resolution, large field-of-view, and elemental sensitivity. The spatial absorption data acquired from X-ray tomography experiments is converted to spatial chemical information via a linear least squares fit of multi-spectral X-ray absorption data. A fiberglass-reinforced polymer blend with a new-generation flame retardant is studied with multi-energy synchrotron X-ray tomography to assess the blend homogeneity. Relative to other composite materials, this sample is …

How Not To Incorporate Voluntary Standards Into Smart Regulation: Iso 14001 And Ontario's Environmental Penalties Regulations, Stepan Wood, Lynn Johannson

All Faculty Publications

In June, 2007 the province of Ontario, Canada, released environmental penalties (EPs) regulations. EPs (or administrative penalties, as they are called in the US) are the environmental equivalent of speeding tickets for facilities that violate pollution laws. They are found in numerous jurisdictions and are widely understood as part of a move toward smart regulation. The Ontario regulations offer reduced EPs to facilities with an environmental management system (EMS) that meets the requirements of ISO 14001 or the chemical industry's Responsible Care initiative. We argue that non-governmental, consensus-based standards such as ISO 14001 can and should play a constructive role …

This Is To Whom It May Concern: A Guantánamo Narrative, 1 Depaul J. Soc. Just. 153 (2008)., Marc D. Falkoff

Faculty Articles, Papers, and Other Scholarship

No abstract provided.

Phylogenetic Analyses Of Two Mitochondrial Metabolic Genes Sampled In Parallel From Angiosperms Find Fundamental Interlocus Incongruence, Melvin R. Duvall, J.W. Robinson, J.G. Mattson, A. Moore

Faculty Articles, Papers, and Other Scholarship

Plant molecular phylogeneticists have supported an analytical approach of combining loci from different genomes, but the combination of mitochondrial sequences with chloroplast and nuclear sequences is potentially problematic. Low substitution rates in mitochondrial genes should decrease saturation, which is especially useful for the study of deep divergences. However, individual mitochondrial loci are insuffi ciently informative, so that combining congruent loci is necessary. For this study atp1 and cox1 were selected, which are of similar lengths, encode components of the respiratory pathway, and generally lack introns. Thus, these genes might be expected to have similar functional constraints, selection pressures, and evolutionary …

Beyond Cardboard Clients In Legal Ethics, Katherine R. Kruse

Scholarly Works

This Article argues that the construction of cardboard clients in legal ethics has disserved legal ethics by obscuring what is arguably a more central problem of legal professionalism: the problem of legal objectification. The problem of legal objectification is the tendency of lawyers to "issue-spot" their clients as they would the facts on a blue-book exam, overemphasizing the clients' legal interests and minimizing or ignoring the other cares, commitments, relationships, reputations and values that constitute the objectives clients bring to legal representation. This Article proposes an alternative ideal of legal professionalism for "three-dimensional clients" based on helping clients articulate and …

In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse

Scholarly Works

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …

Measurement Of Nutrient Availability In Feedstuffs For Florida Pompano And Development Of Formulated Diets For Pompano Aquaculture, Craig Gothreaux

LSU Master's Theses

Consistently high market demand combined with low commercial catches have made Florida pompano, Trachinotus carolinus, one of the highest valued finfish from the Gulf of Mexico. Economic incentive has spurred interest in pompano culture since the 1950s, yet the body of nutritional research on pompano is still sparse. This study was conducted to measure the apparent digestibility of nutrients among a selection of common feed ingredients, and determine the optimum dietary protein level for juvenile Florida pompano at a fixed protein-to-energy ratio, in order to formulate nutritionally complete, cost-effective diets. The four ingredients tested in the digestibility trial were soybean …

The Human Dignity Of Clients, Katherine R. Kruse

Scholarly Works

This essay reviews David Luban's forthcoming book, Legal Ethics and Human Dignity. At the heart of this new book is an argument that interactions between lawyers and clients ought to be at the center of jurisprudential inquiry. Pointing out that most cases do not go to trial and that much transactional work occurs outside the litigation context, he argues that law's defining moments occur when a "client sketches out a problem and a lawyer tenders advice," rather than when a judge decides a litigant's case. This review essay examines how Luban might elaborate a new "jurisprudence of lawyering" by examining …

Assessing The Effectiveness Of The Response To Instruction Model For English Language Learners By Utilizing A Non-Language-Based Intervention, Chisato Komatsu

LSU Doctoral Dissertations

The purpose of the current investigation was to examine the use of the Response to Intervention (RTI) model for English Language learners (ELLs) by using a computerized constant time delay procedure (CTD) that de-emphasized the use of language. Forty-five ELLs, 22 native English speakers, and five students with a diagnosis of mild mental retardation participated in the study. A computer-administered CTD procedure was utilized for paired associate tasks. The study found differences and patterns in students’ performances that could be used to differentiate responders and non-responders to intervention. An interesting finding was that once the students were divided into groups …