Digital Commons Network^™

Creatures Del Monte, Alejandro Arauz

LSU Master's Theses

To visually represent the multifaceted hybrid identity; a multidimensional artistic approach was necessary. I considered all the physical, psychological and cultural truths of my family. I explored our relationships, our behaviors and our responses as we simultaneously identify with the Latino and Anglo North American cultures and exist within its ever-changing parameters. Two streams of thought emerged in my artwork. One explores the characteristics and bi-cultural composition of my immediate family. The other looks at recalling past and distant members of my extended family as our points of origin while identifying the visible and invisible forces that shape our characters. …

Alcohol Use, Negative Consequences, And Readiness To Change In Mandated And Volunteer College Student Heavy Drinkers Before And After A Brief Alcohol Intervention, Meredith A. Terlecki

LSU Master's Theses

The current study tested the efficacy of a brief intervention designed to reduce alcohol use among high-risk college students who have been mandated to treatment for an alcohol policy violation relative to a brief wait-list control group and volunteer high-risk sample. Thirty-nine mandated students and forty high-risk student volunteers were randomly assigned to receive either a brief alcohol intervention or were assigned to a brief wait-list control (WLC) group. Participants were assessed at baseline and at a 4-week post-test on measures of alcohol consumption, alcohol-related problems, and readiness to change. Of the participants who had completed follow-up (N = 39), …

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 …

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 …

The Storm Morphology Of Deadly Flooding Events In The United States, Sharon T. Ashley, Walker S. Ashley

Faculty Articles, Papers, and Other Scholarship

This study investigates the synoptic and mesoscale environments associated with deadly flooding events in the United States from 1996 to 2005. A manual environment classification scheme, which includes analyses of surface charts, 500 hPa maps, and composite radar data (where available), is utilized to ascertain the primary ascent mechanisms and storm types producing these fatal flood events. Of the ten classifications in the scheme, the two most dominant ascent mechanisms associated with deadly floods include frontal boundaries (45%) and tropical systems (22%). Findings illustrate that mesoscale convective systems were responsible for 36% of the total number of flood fatalities over …

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.

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 …

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 …

Formalism: From Racial Integration To Same-Sex Marriage, Holning Lau

UC Law Journal

Parents Involved in Community Schools v. Seattle School District, No. i concerned racial integration in public schools; however, the case has a doctrinal impact that extends beyond the context of race, extending specifically to same-sex marriage. Ironically, the five Supreme Court Justices who formed a majority in the casefour of whom are commonly labeled social conservatives - bolstered the case for same-sex marriage. They did so by introducing a new exercise of formalism to equal protection analysis. Specifically, they created doctrine that supports the argument that same-sex marriage bans warrant heightened scrutiny because such bans discriminate on the basis of …

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 …

Development And Quality Evaluation Of Pre- And Post-Workout Sport Beverages, Maria Christine Pfister

LSU Master's Theses

Athletes and gym goers are continuously searching for sports supplements that will set them apart from others. Resistance training is a popular form of exercise that enables one to increase in strength and power. Resistance or strength training, however, results in several degradation processes. A popular way of enhancing workouts and recovering after workouts is through the consumption of sports drinks. In study one, a preliminary study, eight pre-workout and eight post-workout sports drinks were formulated that contained whey proteins, sugars, natural fruit flavors, and other vitamins and supplements. A consumer acceptance test was preliminarily conducted to evaluate consumer acceptability …

Anecdotal Forensics, Phrenology, And Other Abject Lessons From The History Of Science, David L. Faigman

UC Law Journal

Many of the forensic identification sciences-including, among others, latent fingerprints, firearms, handwriting, and bitemarks- have little or no scientific foundation underlying them. They are largely based on anecdotal experience and supposition. In this way, "anecdotal forensics" closely resemble other historical failures of science, such as phrenology. Like phrenology, anecdotal forensics are based on inductive experience, have not been subjected to systematic tests, conform to expectations, "prove" what is already presumed to be known, and seem to have great practical utility for society. A century from now, however, the anecdotally-based beliefs of forensic experts are likely to survive much as phrenology …

The Philosophy Of Forensic Scientific Identification, Allan Jamieson

UC Law Journal

This paper outlines a convenient categorization of the means by which evidence moves from crime scene to court; the forensic process. This process is proposed to include; Protection, Recording, Collection, Analysis, Interpretation, Evaluation, and Presentation.

A rational scientific approach to the process is discussed in terms of a cycle of observation, and hypothesis building and testing. The matching process, common to almost all forensic sciences, is assessed in the forensic and scientific contexts. Particular emphasis is recommended to differentiate between the processes of interpretation and evaluation. 'Interpretation' is proposed to be the results of the analytical process with no case-dependent …

Fingerprint Error Rates And Proficiency Tests: What They Are And Why They Matter, Jonathan J. Koehler

UC Law Journal

The reliability and probative value of a reported fingerprint match at trial is inextricably linked to the rate at which fingerprint examiners make errors. Therefore, it is important that jurors and other legal actors have valid information about the different types of errors, error rates, and scientific tests that can assist with error rate estimates. There is much confusion surrounding these issues and this paper addresses each using a question- and-answer style. Specifically, I describe the different types of errors (e.g., false positives, false negatives, and false alarms) and error rates, explain why they matter, and discuss how we might …

Signature Identification In The Light Of Science And Experience, Roger C. Park

UC Law Journal

The Daubert case encourages judges to ask whether forensic identification expertise is valid, not merely whether it is accepted among practitioners. The example of DNA has shown what real science can do, and has highlighted the shortcomings of other forms of forensic science. The combined effect of Daubert and DNA has contributed to skepticism about forensic identification techniques. This skepticism may lead to exclusion of evidence or to procedural limits aimed at making the expertise more trustworthy or preventing it from having undue weight. I will discuss these two alternatives in the context of the specific forensic problem of signature …

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, …

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 …

The Myth Of "Lucky" Patent Verdicts: Improving The Quality Of Appellate Review By Incorporating Fuzzy Logic In Jury Verdicts, Michael T. Nguyen

UC Law Journal

Fuzzy logic, a relatively new mathematical concept, has emerged over the past few decades as an effective tool to model complexity and uncertainty. In a nutshell, fuzzy logic recognizes that truth is not always black or white, but rather, truth can be measured in shades of gray. Patents, because they rely on language to claim inventions, are fuzzy legal concepts. Fuzzy logic may help to simplify the jurors' comprehension of complex real-world problems in patent law.

In this Note, I propose a "fuzzy" special verdict form and procedure for "defuzzifying" the verdict that would allow the jury the freedom to …

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 …

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 …

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 …

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, …