Digital Commons Network^™

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 …

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 …

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 …

Old Problem, New Tactic: Making The Case For Legislation To Combat Employment Discrimination Based On Family Caregiver Status, Noreen Farrell, Genevieve Guertin

UC Law Journal

Employment discrimination against employees based on their status as parents or family caregivers occurs at an alarming rate in this country, and is hardly a new phenomenon. Family Responsibilities Discrimination (FRD) disproportionately impacts working mothers, but advocates have begun to look beyond traditional gender discrimination and family leave theories of liability to strategies based on legislation expressly prohibiting discrimination based on parental or family caregiver status. This Article examines FRD legislation passed or proposed in recent years in the context of criticisms of this strategy by Professor Peggie Smith, who addressed the issue in her article Parental Status Employment Discrimination: …

Armed Standoffs And The Warrant Requirement, Edward H. Arens

UC Law Journal

The Fourth Amendment, as decided by the Supreme Court in Payton v. New York, forbids police from arresting suspects in their homes without a warrant or a compelling excuse. Applying this principle to standoffs between police and suspects who have barricaded themselves inside their homes, however, presents significant interpretive problems. The foremost difficulty is that it is not clear when the Fourth Amendment even applies to police standoffs. Courts disagree on whether police seize barricaded suspects simply by surrounding a house, or whether the suspect remains free until he or she surrenders or is physically subdued. Second, Payton excuses a …

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 …

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, …

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 …

Creating Children With Disabilities: Parental Tort Liability For Preimplantation Genetic Interventions, Kirsten Rabe Smolensky

UC Law Journal

Using preimplantation genetic diagnosis (PGD), parents can now screen embryos for genetic traits such as deafness and achondroplasia (dwarfism). Studies show that some parents intentionally choose embryos with disabilities because that genetic trait runs in the family. This recent trend raises the important legal question of whether a child can sue his parents in tort for selecting or engineering disabling genetic traits.

This Article suggests that children both can and should be able to successfully sue parents who engage in certain direct genetic interventions. First, tort law should protect a child's moral right to an open future where parents' preimplantation …

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.

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 …

A Study Of Elementary School Children At Risk For Truancy: Exploring Gender Differences, Services Offered, And Other Factors Related To Truancy, Alice Joseph

LSU Master's Theses

This cross sectional, exploratory study examined the characteristics of elementary school children at risk for truancy. Furthermore, the study explored if there were any significant gender differences in the number of children referred to the TASC program. The current study also sought to answer if there were any gender differences in common problem areas reported to have an impact on truancy. Finally, any differences between children identified as low risk and high risk were also investigated. This study used secondary data analysis. Elementary school children (N = 23,459), grades Kindergarten through 4th grade who participated in the TASC program of …

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 …

Alzheimer's Caregiving Appraisal, Andre' Fortier

LSU Master's Theses

The purpose of this study is to contribute to the knowledge base of AD caregiving appraisal by understanding a connection of factors that influence caregiving appraisal. It is important for the profession of social work to understand the complexities which may impact the level of care and/or appraisal. A combination of research questions and hypotheses were devised to determine the influence of each factor and/or a combination of factors on caregiving appraisal. The survey comprises of six sections: demographics and stage of AD, burden, resilience, family strengths, ethnic awareness, and caregiving appraisal. The overall survey was designed by the researcher; …

Let The Church Rise: The Acceptance Of Government Funding By The Religious Community In New Orleans Post-Katrina, Jaime Collins Hilton

LSU Master's Theses

This research presents themes which generate insight about why religious organizations in New Orleans accept or decline government funding for disaster relief and rebuilding. A total of eight in-depth interviews were conducted with church representatives to explore opinions regarding churches’ stance on obtaining federal funding for emergency aid provided to survivors of Hurricane Katrina and also for rebuilding purposes. Furthermore, quantitative results were obtained in collaboration with the LSU Public Policy Research Lab as part of a cross-sectional, exploratory study. The Public Policy Research Lab contacted an additional total of 54 churches (N=62) in the New Orleans metropolitan area were …

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 …

Dress In The United States Of America As Depicted In Postmortem Photographs, 1840-1900, Ryan Jerel Aldridge

LSU Master's Theses

The results of a content and historical analysis of American postmortem photographs from 1840 to 1900 found in Sleeping Beauty: Memorial Photography in America and Sleeping Beauty II: Grief, Bereavement and The Family In Memorial Photography American & European Traditions by Stanley Burns (1990 and 2002) indicate that day dress was the most popular form of postmortem dress depicted in the photographs. A comparison of the findings from this examination of the dress of 89 deceased individuals depicted in 84 postmortem photographs with descriptions of dress based on nineteenth century archaeological burial remains and portraits of living individuals indicates that …

Association Of Breakfast Consumption Patterns With Weight Status, Nutrient Intake, And Dietary Adequacy In African American Children 1-12 Years Of Age And Adolescents 13-18 Years Of Age, Brandy Michele Williams

LSU Master's Theses

The purpose of these studies was to determine whether weight status, nutrient intake, and dietary adequacy were associated with breakfast consumption patterns. A representative sample of African American (AA) children and adolescents who participated in 1999-2002 National Health and Nutrition Examination Survey (NHANES) was used in a secondary data analysis. Participants were first grouped by age: 1-12 years of age (y) (n=1,389), 13-18 y (n = 988) and then by breakfast consumption category: breakfast skippers, ready-to-eat cereal (RTEC) consumers, and other breakfast consumers. A single multiple-pass 24-hour dietary recall was conducted using computer-assisted software to record dietary intake. To estimate …

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

Undergraduate Theses and Senior Projects

No abstract provided.

Effects Of Handedness On The Skull And Shoulder Bones, Michelle Lynn Osborn

LSU Master's Theses

The unique configuration of the human clavicle and mastoid process suggests a functional connection between the head and shoulders in humans. The hypothesis in this study is that the clavicle, scapula and head form a functional complex and are interconnected by the sternocleidomastoid and trapezius muscles. In this complex, the trapezius muscles attach to the skull and become active when loads are carried. The sternocleidomastoid muscles are anchored to the clavicles; when loads are being carried, they act as guy ropes for the head, thereby keeping the head from being extended by the force of the contracting trapezius muscles. These …

An Exploratory Study Of Social Work Supervisors' Supervisory Styles, Motivations, And Evaluative Processes, Michelle Elise Chevallier

LSU Master's Theses

While many factors influence the quality of social work supervision, the purpose of this qualitative study was to explore social work supervisors’ supervisory styles, motivations, and evaluative processes and its impact on the social work profession. Quantitative and qualitative data were gathered from 10 Board Approved Clinical Supervisors (BACSs) during a one-time session in which a questionnaire on supervisory styles was administered and an interview covering supervisory styles, motivations, and evaluative processes was conducted. This project was undertaken to better understand some of the perceptions, values, beliefs, and problems involved in the supervisory process and its impact on the profession. …

Grinding The Axe Body Spray: Linking Gamer Experience And Brand Recall In Guitar Hero Iii, Miranda Coy Lemon

LSU Master's Theses

The growth in popularity of social video games that appeal to a wide variety of audiences offers new opportunities for in-game advertisers to reach beyond the traditional gamer market. The current study aimed to test the effectiveness of in-game advertising placements in the popular video game, Guitar Hero III, based on the Limited Capacity Model of Mediated Motivated Message Processing (LC4MP). The Limited Capacity Model predicts that experienced gamers utilize fewer mental resources when playing video games because the repeated action of playing video games eventually becomes automatic. An experienced gamer would therefore have a greater capacity to remember in-game …

Recommended Practice In Preschool Instruction: Increasing Child Attention During Whole Group, Mauree Elizabeth Harris

LSU Master's Theses

In a teacher-directed activity, such as whole group, children can learn new skills by following the teacher’s directions and/or model the teacher’s behaviors. The National Association for the Education of Young Children Developmentally Appropriate Practices provides several recommended practices for creating a community of learners. When teachers follow these strategies they are providing multiple opportunities to engage children (Bredekamp & Copple, 1997). When used appropriately, whole group instruction can be very effective when teaching and can be used at various times of the day. Whole group instruction builds a sense of community among the classroom. The purpose of this study …

Processes And/Of Performance: Difference, Memory, And Experimentation, Benjamin Daniel Powell

LSU Doctoral Dissertations

This study enacts performance analyses by combining experimental and avant-garde performance practices of artists or art movements such as John Cage, Jerzy Grotowski, Dadaism, and Eugenio Barba with the differential philosophies of Jacques Derrida and Gilles Deleuze. By focusing on the ways that performance practice informs understandings of “the ghost” and différance in Derrida’s theories, and processes of production and experimentation in Deleuze’s, this study examines performance as a process of negotiating practice and theory that continues to produce rather than disappear. To reinforce the productive capacity of performance, this study looks at three different sites and the processes at …

Walden Pond And The Performative Touristic Gaze, Daniel Christopher Bono

LSU Master's Theses

This is an ethnographic study of tourism at Walden Pond in Concord, Massachusetts. I argue that Walden Pond operates as a site that creates tensions among visitors due to the ways that time has transformed the once serene landscape into an overcrowded swimming pool. These tensions, however, fall under the expectation that the State Reservation of Massachusetts (re)creates Thoreau’s Walden as suggested in his discourse, but the performance of history is enacted through the creation of meaning among visitors engaging in a dialogue that references the past, talking about a space that has cultural significance. Exploring the touristic experience and …

Baby Signs: Caregiver Perceptions Of Their Use And Benefit To Children, Leah Catherine Legere

LSU Master's Theses

Gesture use is a precursor to spoken language, and children who exhibit frequent use of gesture have higher rates of speech comprehension and production when tested between 13 and 15 months of age (Bates et al, 1989). The purpose of this study was to learn more about caregivers’ perceptions of the use and benefits of sign to their children. Fifty-three caregivers were recruited for the study, and 33 (62%) of these caregivers reported that they had used or were currently using baby signs with one of their children. Six (18%) of these caregivers also reported that their children presented developmental …

Foreign News And Public Opinion: Attribute Agenda-Setting Theory Revisited, Asya A. Besova

LSU Master's Theses

This study contributes to the body of research on public opinion and media coverage of foreign news by examining the coverage of nine foreign countries in The New York Times and The Times. Media coverage and the public opinion about foreign nations were strongly correlated. Specifically, negative coverage tends to have more agenda-setting effects than neutral and positive coverage. The findings also suggest that media portray foreign countries in a unidimensional fashion, by limiting the coverage around a few policy issues. Finally, the U.S. and the U.K. media coverage of foreign nations were very similar.