Digital Commons Network^™

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 …

Facing Up To Wrongful Convictions: Broadly Defining "New" Evidence At The Actual Innocence Gateway, Jay Nelson

UC Law Journal

The Supreme Court has held that in order to pass through the actual innocence "gateway," capital habeas petitioners must support procedurally barred claims of actual innocence with "new reliable evidence" that was not presented at trial. The Court has not, however, defined what qualifies as "new" evidence. As a result, the circuit courts of appeals are split. Some circuits adopt what this Note refers to as the "newly-presented" evidence rule. These circuits permit habeas courts to evaluate all reliable evidence that was not presented to the finder of fact at trial. Other circuits adopt what this Note calls the "newly-discovered" …

Ten Lessons For Practitioners About Family Responsibilities Discrimination And Stereotyping Evidence, Catherine Albiston, Kathryn Burkett Dickson, Charlotte Fishman, Leslie F. Levy

UC Law Journal

This Article highlights ten key lessons that employment law practitioners can take away from the scholarship collected in this symposium Issue. The legal field of Family Responsibilities Discrimination (FRD) has developed rapidly in the past two decades, with FRD litigation only likely to increase. Social science research on the maternal wall continues to develop, increasing our understanding of what discrimination looks like in the workplace today. The FRD case law and social science research highlighted in this Issue provide essential information that employment law attorneys can put into practice when faced with addressing FRD in the workplace.

The Matter Of Fit: The Law Of Discrimination And The Science Of Implicit Bias, David L. Faigman, Nilanjana Dasgupta, Cecilia L. Ridgeway

UC Law Journal

This Article examines the "fit" between the law of discrimination and the science of implicit bias, including consideration of the legal standards that apply and a broad overview of the sociological and psychological literatures that are relevant to those standards. The Authors first set forth the legal framework within which the psychological and sociological research literatures must be considered. Although the legal standard is not entirely unambiguous, scientific research on implicit bias appears relevant to the basic empirical issues put in issue by the law. The Authors then review the general research literature on the phenomenon of "implicit biases" in …

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 …

Cognitive Bias And The Motherhood Penalty, Stephen Benard, In Paik, Shelley J. Correll

UC Law Journal

Women experience significant penalties in wages and other labor market outcomes when they have children. In this Article, we review and evaluate theory and research on cognitive bias and the motherhood penalty. Several theories predict that discrimination in the form of cognitive bias accounts for at least a part of the penalty that mothers experience. These theories include status characteristics theory, the stereotype content model, the shifting standards model, and the lack of fit model. Empirical evidence from controlled laboratory experiments and field studies strongly supports the general hypothesis that women experience labor market discrimination when they have children. There …

Working Class Judges, William D. Henderson, Christopher J. Zorn, Jason J. Czarnezki

Articles by Maurer Faculty

In recent years, a steady chorus of dignitaries has decried the low pay of federal judges and suggested that the federal judiciary is on the brink of losing its best and its brightest. The persistent nature of these claims should give us pause. Scott Baker's recent study empirically evaluates these claims by examining the relationship between judicial salaries and the work habits and voting patterns of federal appellate judges. If large pay disparities are indeed eroding the quality of the federal bench, Baker theorizes this likely results in more ideological voting, fewer dissents, longer delays in issuing opinions, and a …

Discrimination-Reducing Measures At The Relational Level, Tristin K. Green, Alexandra Kalev

UC Law Journal

Social scientists have shown that bias and stereotypes are executed and reinforced not only in moments of decision making, like hiring or promotion, but also in day-to-day interactions and social relations (or lack thereof) at work. The Authors discuss existing measures for reducing employment discrimination as focusing too narrowly at the individual level of discrimination. They argue that discrimination-reducing measures taken by employers should be expanded to address the relational sources of discrimination. The Authors review research showing that employers can reduce relational sources of discrimination and workplace inequality by changing the context of workplace relations and interactions from stereotype …

Spatial Economics Of The Louisiana Wetland Mitigation Banking Industry, Ryan Joseph Bourriaque

LSU Master's Theses

Bourriaque, Ryan Joseph, B.A. Louisiana State University, 2005 Master of Science, Summer Commencement, 2008 Major: Agricultural Economics Spatial Economics of the Louisiana Wetland Mitigation Banking Industry Thesis directed by Assistant Professor Rex Caffey Pages in thesis, 86. Words in abstract, 265. ABSTRACT Wetland mitigation banking has become prevalent in many states across the US, with the number of banks increasing 780% from 1992 to 2005. Louisiana led the nation in the total number of banks in 2006 with 96. Despite rapid growth associated with this industry, economic data in regards to the market for wetland mitigation bank transactions has been …

Lead Paint: Who Will Bear The Cost Of Abating The Latest Public Nuisance, Greg J. Carlson

UC Law Journal

In the past, mass tort litigation has arisen in the contexts of asbestos, tobacco, environmental contamination and handgun manufacturing. While the theory of public nuisance has found its way into court discussion in most of these contexts, recent lead paint litigation has opened a new chapter to the uncertainties that accompany the use of public nuisance in mass tort litigation. Specifically, a question of liability arises. While lead paint manufacturers may be ordered to follow a particular set of measures to eliminate the paint and its hazards, the answer to one critical question still remains uncertain: Who will ultimately bear …

Death To Tyrants: District Of Columbia V. Heller And The Uses Of Guns, David C. Williams

Articles by Maurer Faculty

No abstract provided.

What's A President To Do? Interpreting The Constitution In The Wake Of Bush Administration Abuses, Dawn E. Johnsen

Articles by Maurer Faculty

President George W. Bush and his executive branch lawyers have earned widespread criticism for extreme positions and practices regarding the scope of presidential authority. The war on terror that followed the September 11, 2001 terrorist attacks provided the context for their most controversial claims of unilateral authority: to override legal prohibitions on the use of torture and cruel, inhuman and degrading treatment; to hold "enemy combatants" indefinitely without access to counsel or any opportunity to challenge their detention; and to engage in domestic electronic surveillance without a court order. Our nation's welfare and integrity depend upon continued evaluation, response, and, …

The Supreme Court And Indiana's Voter Id Law, David Williams

Articles by Maurer Faculty

No abstract provided.

Tax Appeal: A Proposal To Make The United States Tax Court More Judicial, Leandra Lederman

Articles by Maurer Faculty

Accountability is a critically important protection for any justice system; its absence provides an opportunity for shortcuts that may undermine procedural fairness or even change case outcomes. Yet, the United States Tax Court, which is an Article I court, is not subject to Administrative Office of U.S. Courts or the U.S. Judicial Conference - institutions that serve and oversee the federal judiciary. In addition, because the Tax Court is not an administrative agency, it is not covered by the Administrative Procedure Act or the Freedom of Information Act. The principal source of oversight of Tax Court actions is appellate review. …

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 …

Measuring The Tax Subsidy In Private Equity And Hedge Fund Compensation, Thomas J. Brennan, Karl S. Okamoto

UC Law Journal

This Article offers a new analysis of the debate over the taxation of private equity and hedge fund managers. We provide an analytical model that allows us to compare the relative risk-reward benefit enjoyed by these fund managers and other managers. We look to "relative benefits" in order to determine the extent to which the current state of the world favors the services of a fund manager over these other workers. Our conclusion is that private equity and hedge fund managers do outperform other workers on a risk-adjusted, after-tax basis. We assume that over time compensation of private equity and …

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 …

Continuing Abuse Of The Hatch-Waxman Act By Pharmaceutical Patent Holders And The Failure Of The 2003 Amendments, Mathew Avery

UC Law Journal

The Hatch-Waxman Act of 1984 established a system whereby generic manufacturers can seek to market generic equivalents of a pioneer's patented drug prior to the patent's expiry. But the original Act also contained provisions that were exploited by patent holders to delay generic competition and thereby extend their monopoly sales. Congress amended the Hatch-Waxman Act to address these abusive practices with the Medicare Modernization Act of 2003. This Note analyzes how the 2003 amendments failed to remedy exploitation of the Hatch-Waxman Act by pharmaceutical patent holders who use reverse payments and authorized generics to manipulate the 180-day market exclusivity given …

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 …

Distributive Injustice And Private Law, Aditi Bagchi

UC Law Journal

Private law recognizes claims between individuals. Legal economists have argued that claims by the socially disadvantaged against the better off are best dealt with outside private law, primarily through tax and transfer. Most theorists of private law similarly oppose considerations of distributive justice in contract and tort because they have assumed that this would confer a windfall upon poor plaintiffs, and penalize wealthy defendants beyond their fair share. Private law theorists resist this moral arbitrariness; individual legal liability is supposed to reflect individual responsibility, and matters of distributive justice are a collective responsibility.

In this Article, I argue that even …

Identification Of Polycyclic Aromatic Hydrocarbons In The Supercritical Pyrolysis Products Of Synthetic Jet Fuel S-8 And Methylcyclohexane, Jorge Oswaldo Ona Ruales

LSU Doctoral Dissertations

Inside the pre-combustor fuel lines of future high-speed aircraft, at supercritical conditions, hydrocarbon fuels react to form polycyclic aromatic hydrocarbons (PAH) and eventually solid deposits. These deposits can block fuel lines and lead to undesirable effects for the aircraft operation. To elucidate the pathways that lead to the formation of PAH (and ultimately, solids formation), the identification of the PAH products generated by the reactions is critical. In this context, two fuels have been analyzed: synthetic jet fuel S-8 and methylcyclohexane. Synthetic jet fuel S-8 is important due to its non-petroleum origin. Methylcyclohexane is important due to its endothermic behavior. …

Duty To The Unborn: A Response To The Smolensky, Jaime King

UC Law Journal

Advances in assisted reproductive technology and genetic testing continue to offer parents a plethora of new reproductive choices. As a result, we now face significant moral and legal challenges regarding how to balance the interests of parents, children born through the procedure, and society as a whole. This Essay analyzes Professor Kirsten Smolensky's argument in favor of permitting children the right to sue their parents in tort law for manipulating their DNA prior to implantation to produce a disabling trait. While Smolensky's basic argument is sound, a more encompassing standard would create a duty to potential offspring to act as …

Insult To Injury: A Disability-Sensitive Response To Smolensky's Call For Parental Tort Liability For Preimplantation Genetic Interventions, Alicia R. Ouellette

UC Law Journal

In her article, Creating Children with Disabilities: Parental Tort Liability for Preimplantation Genetic Interventions, Professor Kirsten Rabe Smolensky argues that children who were subject to preimplantation genetic manipulation should have the ability to sue their parents for damages when the parents "directly intervene in the child's DNA and consequently cause that child to suffer a disability which limits the child's right to an open future." This Essay addresses the implications for people with disabilities of that argument. Specifically, it argues that limiting damages to cases in which a child is born with a disability unnecessarily and inaccurately devalues life with …

Intentional Diminishment, The Non-Identity Problem, And Legal Liability, I. Glenn Cohen

UC Law Journal

This Article, lying at the intersection of law and bioethics, examines whether it is wrongful to use assisted reproductive technology to intentionally create disabled children, and whether legal liability should attach to such acts. In particular, this Article considers the way these issues are intertwined with what philosophers have called the "Non-Identity Problem," the idea that so long as a resulting child will have a life worth living the child cannot be harmed by being brought into existence, because even an impoverished life is better than not existing at all.

In her article in this Issue, Kirsten Smolensky suggests that …

The Forgotten Frontier - Healthcare For Transgender Detainees In Immigration And Customs Enforcement Detention, Dana O'Day-Senior

UC Law Journal

a challenge for anyone, but for transgender individuals, the lack of healthcare policy specifically addressing the healthcare needs of transgender individuals can mean that ICE detention is hazardous to one's health. Many researchers have studied the challenges faced by transgender individuals in the prison setting, and many researchers have examined the problems with healthcare access and delivery in ICE detention facilities. However, so far no one has bridged the gap between the two areas of research and looked at the specific challenges ICE detention poses for healthcare for transgender individuals.

This Note attempts to bridge that gap by focusing into …

The Effectiveness Of Contextualization On Second Language Acquisition Using The Situational Discourse Semantic Model, Alice Marie Johnson

LSU Master's Theses

In traditional classrooms a second language is taught via thematic word sets, grammatical explanations, and patterned syntactic practice. This study compared the traditional teaching approach to a scaffolded teaching approach, consisting of words taught within a narrative context. Five fifth-grade students were taught Spanish as a second language during a ten-week intervention. Vocabulary learning and sentence generation were measured following each session, as well as a pre-posttest measure. Results showed that print was an important support used by participants in the traditional condition. However across time, vocabulary learning and sentence length increased significantly more in the scaffolded condition.

Essay 1: Does Ownership Structure Matter? Essay 2: Asset Sale In Mutual Fund Industry, Fan Chen

LSU Doctoral Dissertations

The dissertation studies two aspects of the U.S. registered investment companies. The first essay analyzes the ownership and organizational structure aspect while the second essay investigates the restructure events of those investment companies. We find sellers from mutual fund asset sales are mainly financial conglomerates. Funds under management of those conglomerates experience poor performance during the period prior to asset sales. On the other hand, acquirers are generally highly focused mutual fund companies. Funds acquired by these focused entities experience improvement in both fund performance and operational efficiency. From the analysis of organizational structure, funds managed by focused mutual fund …

Prosecuting Elder Abuse: Setting The Gold Standard In The Golden State, Arthur Meirson

UC Law Journal

This Note proposes amending California's elder abuse law. Currently, California Penal Code sections 368(b) and (c) allow the prosecution of any person who willfully causes or permits a person they know to be an elder or dependent adult "to suffer, or inflicts thereon unjustifiable physical pain or mental suffering." The failing of this law is its focus on the subjective experience of the elder or dependent adult victim. Because the law only allows punishment where the victim suffers or experiences unjustifiable physical pain or mental suffering, there are numerous circumstances that allow a perpetrator of abuse to escape prosecution. These …

Determining The Relative Efficacy Of Reciprocal And Non-Reciprocal Peer Tutoring For Students Identified As At-Risk For Academic Failure, Keri F. Menesses

LSU Master's Theses

The current study directly compared the academic and social gains of reciprocal peer tutoring, non-reciprocal peer tutoring, and traditional classroom instruction with elementary students. Participants included 59 students who performed below-average on class-wide screenings using curriculum-based measurement math probes. Students involved in peer tutoring were trained to tutor basic math facts using a constant time delay procedure. Both types of peer tutoring produced significantly larger academic gains than traditional classroom instruction; the two types of tutoring produced comparable academic and social results, although reciprocal tutoring resulted in marginally larger academic gains. Reciprocal peer tutoring is recommended based on the fact …

Administrative Responses To Hurricane-Induced Mobility, Christopher J. Fontenot

LSU Doctoral Dissertations

Hurricanes Katrina and Rita posed serious challenges to school systems as children displaced by the storms attended schools across Louisiana and in most of the states of the Union. This qualitative case study examined the administrative challenges of one school district that received over 6,800 new students in less than a month. Research questions posed in the study focused on the planning, placement, and support of displaced students, the leadership of the superintendent and principals in integrating displaced students into the district and schools, which problems arose, and whether any policies or procedures were changed as a result hurricane-induced mobility. …