Digital Commons Network^™

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 …

Beyond The Box Score: A Look At Collective Bargaining Agreements In Professional Sports And Their Effect On Competition, Ryan T. Dryer

Journal of Dispute Resolution

Most sports fans have at least the limited understanding that collective bargaining agreements govern the employer-employee relationships between the owners of professional sports teams and players' associations. Indeed, sports have become a big business in the United States, and the media coverage of sports has extended beyond reporting statistics and scores to include all dealings associated with the business.' Every year (at various times depending on the sport), fans are bombarded with numbers detailing signing bonuses, salary cap implications, arbitration results, incentive-laden contracts, and a multitude of other terms that boggle the mind of the layperson. As most sports fans …

The Supreme Court's Indian Problem, Matthew L. M. Fletcher

UC Law Journal

This Article asserts a new theory about why and how the Supreme Court accepts and decides its Indian law docket: the Court identifies an important constitutional concern embedded in a petition for certiorari, grants certiorari, and then applies its decision- making discretion to decide the "important" constitutional concern. Once that portion of the Indian law case is decided, the Court decides any remaining federal Indian law questions in order to reach a result consistent with its decision on the important constitutional concern. Indian law disputes are often mere vessels for the Court to tackle larger questions; often these questions have …

Documenting Gender, Dean Spade

UC Law Journal

This Article provides an analysis of gender reclassification policies- policies which determine when an administrative agency will change an individual's gender marker on its records-in three contexts: policies related to gender markers on identification documents, policies related to placement in sex-segregated facilities, and policies related to the state provision of health care that is prohibited based on the gender on record for the person seeking coverage. The Article looks at the significant variation in these policies across agencies to demonstrate the instability of gender as a category of identity verification and to ask whether the assumed usefulness of gender tracking …

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Phelan

Articles by Maurer Faculty

Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, and with clients whose problems may be as locally-focused as a Chicago zoning matter or as distant as the acquisition of one non-U.S. company by another. The global forces shaping business and the practice of law are felt in legal education, too, and U.S. law schools occupy a leading role in educating domestic and non-U.S. students for practice in the transnational marketplace. In spite of this, however, the core …

Methods Of Judicial Selection And Their Impact On Judicial Independence, Charles G. Geyh

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 …

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 …

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 …

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 …

Parental Tort Liability For Preimplantation Genetic Interventions: Technological Harms, The Social Model Of Disability, And Questions Of Identity, Kirsten Rabe Smolensky

UC Law Journal

Professors Glenn Cohen, Jaime King, and Alicia Ouellette each wrote a thoughtful commentary in response to the article, Creating Children with Disabilities: Parental Tort Liability for Preimplantation Genetic Interventions. This short Essay is a reply to several broad themes that appear in these commentaries. It both clarifies several points made in the original article and makes a few additional arguments in favor of parental tort liability. In particular, this Essay addresses calls for regulation and provider liability, assesses additional costs and benefits associated with preimplantation genetic interventions, reevaluates the original proposal in a way more sensitive to persons with disabilities, …

Teaching Presence: A Focus On The Instructor's Role In Online Collaborative Learning, Keisha Smith Dubuclet

LSU Doctoral Dissertations

The use of e-learning has been extended beyond simply providing access to information to providing the ability to learn collaboratively via an interactive learning environment. The ability to create an online collaborative and interactive environment is a challenge. This study strove to examine the most effective design and facilitative strategies for fostering student learning and participation in hopes to make design and implementation of online discussions easier and more efficient for teachers. The primary goal of this study was to understand how the degree of instructor presence influenced students’ perception of learning and how students engaged in deeper levels of …

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 …

Conversations On Citizenship: Young People's Perceptions And Performances Of Democratic Citizenship, Katherine Rhodes Knobloch

LSU Master's Theses

The purpose of this paper is to illuminate how the practice of democratic citizenship compares to ideals of it. I hope to provide a clear view of what contemporary democratic citizenship means, how this conception has been formed, and how democratic citizenship can be effectively practiced to serve the ideals held by democratic citizens. To do this, this paper will be comprised in several parts. After an initial explanation of the theoretical perspective used, I will explore how democracy was understood and implemented in the formative stages of United States government. Next I review contemporary practices of citizenship before examining …

The Perils And Empowerments Of Mountain Literacies: Reading Loss And Shifting Identities In Appalachian Memoirs And Novels, Erica Abrams Locklear

LSU Doctoral Dissertations

This dissertation analyzes the literary portrayal of literacy events in memoirs and novels written by Appalachian women during the twentieth and twenty-first centuries. Drawing from contemporary literacy scholarship, my project engages several definitions of the term "literacy," including theories defining it as a technical skill, a social act, cultural knowledge, or a potent form of ideological power. In a region historically (and often inaccurately) stigmatized as illiterate, "literacy" is a loaded term, a concept doubly associated with cultural pride and with cultural loss. By applying literacy theories to Appalachian literature, I analyze the identity conflicts literacy attainment causes for several …

A Comparison Of Feeding And Mealtime Problems In Intellectually Disabled Adults With And Without Autism, Jill Cherie Fodstad

LSU Master's Theses

Due to the dearth of information categorically describing feeding behaviors in those with autism spectrum disorders, the goal of this research is to examine the nature of feeding difficulties in adults with intellectual disabilities (ID) and Autism Spectrum Disorders (ASD). Feeding and mealtime behavior problems are an area of concern due to their impact on an individual’s daily functioning, as well as the potential for causing severe medical conditions (e.g., poor nutrition, choking, aspiration) that may ultimately lead to death. Due to the importance of this topic for proper diagnosis and treatment planning, a better understanding of these behaviors in …

Micropropagation Through Somatic Embryogenesis And Cotyledonary Nodal Culture In Sea Oats (Uniola Paniculata L.), Diptimayee Sahoo

LSU Master's Theses

Uniola paniculata, commonly known as sea oats, is a C4 perennial grass capable of stabilizing sand dunes. Although this species is extensively used in beach restoration projects, production and availability of sea oats seedlings is seriously constrained due to disappearance of the natural stands. Other limitations are poor seed production, seed dormancy, and low seedling survival. With increasing interest in dune restoration, an efficient micropropagation technique is essential to generate sea oats seedlings in mass scale. In this study an efficient, rapid and reproducible plant regeneration system was successfully established for sea oats through somatic embryogenesis and cotyledonary nodal culture. …

Seeing (Red): A Qualitative Analysis Of The Product (Red) Campaign And Integration Of Public Relations And Marketing Theory, Amy Elizabeth Martin

LSU Master's Theses

In an effort to combat the AIDS epidemic around the world, the Product (RED) campaign aims to engage consumers in an “economic initiative” with exclusive products from their corporate partnerships. Academic journals claim that this effort is a new form of Cause-Related Marketing (CRM), even though it involves many Public Relations strategies and tactics. Product (RED)’s unique nature is unlike previous CRM campaigns due to its corporate partnership agreements. Researchers have not previously studied initiatives such as Product (RED) through either Public Relations or Marketing theories. David’s (2004) Convergence Theory creates a cyclical model to merge both Public Relations and …

Bioanalytical Methods For Studies Of Homocysteine And Novel Cardiovascular Disease Indicators, Arther T. Gates

LSU Doctoral Dissertations

This dissertation explores the development of analytical methods for studies of CVD biomarkers and related biomolecular indicators. Initially, spectroscopic studies were conducted to investigate the chemical reactivity of homocysteine (Hcy), an independent CVD risk factor and serological biomarker. Consequently, we proposed an alternate theory for in vivo Hcy clearance based on spontaneous pyridoxal tetrahydrothiazine (PT) formation from Hcy and pyridoxal. The validity of PT-assisted Hcy clearance was further evaluated by use of capillary electrophoretic methods, which allowed rapid monitoring of protein oligomerization in PT-protein reaction mixtures. The results of these studies suggest that PT formation is a plausible mechanism for …

Add, Subtract, And Multiply: Paintings, Elizabeth Lorena Noble

LSU Master's Theses

Noble, Elizabeth Lorena, B.A., University of Central Arkansas, 2005 Master of Fine Arts, Fall Commencement, 2008 Major: Studio Art Add, Subtract, and Multiply: Paintings Thesis directed by Professor Edward Smith Pages in thesis, 44. Words in abstract, 209. ABSTRACT This thesis chronicles the daily rituals involved in personal grooming, adornment, and cosmetic use. As a woman and a painter, I appropriate the female figure in my work and use the body to provoke thought and conversation about the concept of the body as a workable surface. I see the body surface similarly to how I see the painting surface. In …

An Investigation Into Fuel Cells And Flow Cytometers Optimal Design, Etim Sunday Udoetok

LSU Doctoral Dissertations

The aim of the fuel cells part of this project was to investigate the performance of Proton Exchange Membrane Fuel Cells and closely related fuel cell types like the Alkaline Fuel Cells and Phosphoric Acid Fuel Cells. The investigation involved understanding the performance of fuel cells, addressing the shortcomings of currently used designs, and finding new methods for improving the performance of fuel cells. CFD was used to study flow channels and information learned from the study was used to design a new and improved flow channel. A prototype of the new design was fabricated, tested and found to perform …

Design And Testing Of An Infrared Temperature System To Test The Effects Of Chemical Stimulation On Heat Production In Cell Cultures, Nicholas Gerbo

LSU Master's Theses

Temperature is an important physiological parameter of cell biology. The thermal energy output of cells in vitro can offer insight into cellular processes. Standard methodology of measuring cellular thermal output has been through microcalorimetry. In this work, infrared thermography is presented as an alternative to microcalorimetry and other measurement techniques. An enclosure that controls the temperature of cells and allows for injection of temperature control of chemical agents and subsequent measurement of cell temperature using an infrared camera has been designed and tested. The enclosure was tested with 3T3-L1 adipocytes treated with the β3 adrenergic agonist CL 316-243 for up …

The Dichotomy Of Working And Stay-At-Home Mothers : And How To Choose, Kaleen Skramstad

Undergraduate Theses and Senior Projects

No abstract provided.

Color, Line, And Form And The Image Of The Horse, Jessica Mongeon

Undergraduate Theses and Senior Projects

No abstract provided.

Irregularity And Intuition : Metaphorical Expression In Pottery, Jordan Ochsner

Undergraduate Theses and Senior Projects

No abstract provided.

To Cross The Moon : An Experiment In Environmental Education, Kathryn E. Joyce

Undergraduate Theses and Senior Projects

No abstract provided.

The "Stern Review" And Its Critics: Implications For The Theory And Practice Of Benefit-Cost Analysis, Daniel H. Cole

Articles by Maurer Faculty

The UK's Treasury's "Stern Review: The Economics of Climate Change" (Oct. 2006) reached dramatically different conclusions and policy recommendations than most earlier economic analyses of climate change. It found that the costs of climate change, as well as the potential net benefits of greenhouse gas reductions, were much higher that previously estimated, and consequently recommended more rapid and extensive cuts in emissions than other economist analysts. The Stern Review estimated that a 1% annual investment of global GDP in mitigation could prevent a 5% (or more) reduction in annual global GDP from climate change harm, forever. A number of prominent …