Digital Commons Network^™

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 …

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 …

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 …

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 …

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.

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 …

Toward The Next Generation Of Galanter-Influenced Scholars: The Influential Reach Of A Law-And-Society Founder, Jayanth K. Krishnan, Stewart Macaulay

Articles by Maurer Faculty

To say that Professor Marc Galanter's scholarship is diverse would be a woeful understatement. In his over forty years of writing, Galanter's work has covered topics including (but not limited to) torts, contracts, constitutional law, comparative law, empirical legal studies, the legal profession, legal anthropology, and South Asian studies. With Galanter's scholarship so heavily cited and respected, we see it as only fitting, particularly upon his recently turning seventy-five, to acknowledge his achievements in a symposium that reflects back on the years of his work. Serving as special editors to an issue forthcoming in the Duke Law School journal, Law …

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 …

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 …

Improving Laws And Legal Authorities For Public Health Emergency Legal Preparedness, David Fidler, Robert M. Pestronk, Brian Kamoie, Gene Matthews, Georges C. Benjamin, Ralph T. Bryan, Socrates H. Tuch, Richard Gottfried, Jonathan E. Fielding, Fran Schmitz, Stephen Redd

Articles by Maurer Faculty

No abstract provided.

Book Review. Governing Through Crime: How The War On Crime Transformed American Democracy And Created A Culture Of Fear By Jonathan Simon, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

The Fair Housing Act And Extralegal Terror, Jeannine Bell

Articles by Maurer Faculty

This Article examines the implications the Fair Housing Act (FHA) has on anti-integrationist racial violence faced by racial and ethnic minority's integrating white neighborhoods. The first part of the article describes anti-integrationist violence as it occurs in two separate but distinct time periods the first occurring, before the passage of the FHA. The second time period that article addresses is the post-1968 era until the present day. In discussing the period since the passage of the Act, the article describes several important mechanisms in how the FHA functions as a remedy for extralegal violence. The Article concludes with a call …

Determination Of Ctv-To-Itv Margin For Free-Breathing Respiratory-Gated Treatments Using 4dct And The Novalis Exactrac Gating System With Implanted Fiducials, Jason Edward Matney

LSU Master's Theses

The purpose of this project was to investigate the interplay between gating window characteristics and target margin required to compensate for residual motion during the gating window. This project investigated the accuracy of ExacTrac and 4DCT imaging localizing an implanted coil at various phases of respiration. Radiochromic film measured delivered dose patterns for selected gating intervals over a variety of respiratory patterns. In order to establish accurate dosimetry, this project implemented and tested an EBT radiochromic film dosimetry system. Film testing showed that the performance of a medical grade Vidar Dosimetry Pro radiographic film scanner and an Epson V700 Photo …

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 …

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. …

A Determination Of The Physical, Chemical, And Biological Features Of Suspended Dark Flecks In Hot Sauce, Andre Brock

LSU Master's Theses

Hot pepper and hot sauce production and consumption in the United States are on the rise. The demands of consumers need to be met by high-quality products in an increasingly competitive market. Increasingly knowledgeable and discerning consumers notice any problems in hot sauce, and problems with appearance are often the first noticed. A well-known and successful hot sauce company has found an occasional problem with discoloration in their flagship product. Small dark specks have been found in the sauce, and the company in question is interested in elucidating their makeup and cause. This is of especially pertinent scientific interest because …

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; …

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 …

An Analysis Of Marine Protected Areas Legislation In The Caribbean Lesser Antilles, Barry James Bleichner

LSU Master's Theses

Historically, marine resources and ecosystems were believed to be limitless and exploitation of those resources occurred with little regard to future consequences. Recent studies suggests that this belief is misplaced, as research indicates that many of these marine resources face extinction if protective measures are not implemented soon. Marine protected areas, or MPAs have garnered increasing attention as a means to effectively protect and conserve marine resources. Establishment and management of marine protected areas typically require implementing legislation in order to provide a legal basis for enforcement of MPA rules and regulations. The intent of this research was to determine …

Characterization Of Hma Mixtures Containing High Recycled Asphalt Pavement Content With Crumb Rubber Additives, Samuel B. Cooper, Jr.

LSU Master's Theses

As the price of petroleum and material costs escalate and pressures of maintaining the sustainability of our environment, owners must continually find methods to decrease material costs and maximize their benefits. One such method is to increase and/or begin using readily available recycled materials like reclaimed asphalt pavements (RAP) and crumb rubber (CR). The objective of this study was to fundamentally characterize the laboratory performance of conventional HMA mixtures and mixtures containing high RAP content and waste tire crumb rubber/additives through their fundamental engineering properties. A Superpave l9-mm nominal maximum aggregate size (NMAS) Level 2 HMA mixture meeting LADOTD specification …

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 …

Opportunities And Challenges Associated With Development Of Wood Biomass Energy Production In Louisiana, Anil Raj Kizhakkepurakkal

LSU Master's Theses

Wood residue produced by forest products industry has been recognized as a potential fuel that can generate energy to run the industry. A survey was done among forest products industry to get a general idea about energy produced from woody biomass created from forest industry in Louisiana, USA. The industry was classified into primary and secondary forest products industry. The study provided information regarding utilization and wastage of wood residue. Survey response rate was 25 percent. It addressed problems faced by wood residue energy development and came up with solution to solve them. When survey results were compared to previous …

Dynamic Workflow Management For Large Scale Scientific Applications, Emir Mahmut Bahsi

LSU Master's Theses

The increasing computational and data requirements of scientific applications have made the usage of large clustered systems as well as distributed resources inevitable. Although executing large applications in these environments brings increased performance, the automation of the process becomes more and more challenging. The use of complex workflow management systems has been a viable solution for this automation process. In this thesis, we study a broad range of workflow management tools and compare their capabilities especially in terms of dynamic and conditional structures they support, which are crucial for the automation of complex applications. We then apply some of these …