Digital Commons Network^™

"Good" Science Gone Bad: How The Criminal Justice System Can Redress The Impact Of Flawed Forensics, Jessica D. Gable, Margaret D. Wilkinson

UC Law Journal

What can the criminal justice system do when "good" science goes bad? This article provides an answer to that question in three parts. First, this article looks at the inability of certain fields of forensic science to produce reliable results. Second, it discusses problems with the current methods of challenging convictions based on unreliable science. Finally, it proposes a new framework to better enable prisoners to seek review of such convictions. What this article does not do is propose ways to prevent wrongful convictions in the future. We recognize that many issues, including the standards governing the admissibility of forensic …

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, …

The Temporal Dimension Of Land Pollution: Another Perspective On Applying The Breaking The Logjam Principles To Waste Management, John S. Applegate

Articles by Maurer Faculty

Unlike air and water pollution, pollution from dangerous solid and liquid wastes on land remains a relatively concentrated, active hazard for long periods of time. Uncontrolled, land pollution moves through the environment slowly and often without significant diminution of toxicity. Persistence, in fact, is often regarded as the defining quality of dangerous land pollutants. Hazardous and nuclear waste regulation is very much concerned with the problem of maintaining the isolation of solid and liquid materials over decades, centuries, and even millennia, and, the author argues, there is good reason to believe that waste management practices and institutions are not well …

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 …

Why Binomial Distributions Do Not Work As Proof Of Employment Discrimination, Ben Ikuta

UC Law Journal

Although it is possible for employer discrimination policies to be facially apparent in employment discrimination cases, usually employer policies are not overtly discriminatory. In those situations where it is not apparent, the only method of proving a prima facie case of discrimination in most systemic disparate treatment instances is to show a pattern of discrimination in the employer's hiring decisions. Since these patterns can usually "be identified and analyzed in quantitative form," cases rely primarily, and often exclusively, on statistics. If the plaintiff offers statistics that indicate a hiring practice that is unlikely absent discrimination, then the plaintiff is deemed …

Characterization Of The Lucinid Bivalve-Bacteria Symbiotic System: The Significance Of The Geochemical Habitat On Bacterial Symbiont Diversity And Phylogeny, Angela Marissa Green-Garcia

LSU Master's Theses

Extensive characterization of a single lucinid bivalve habitat was conducted to characterize the relationship between host bivalve and thiotrophic bacterial endosymbionts. For lucinids, the ecological and evolutionary relationships between hosts and endosymbionts are poorly understood. Reconstructing the evolutionary history of lucinid endosymbiosis, and the geologic significance of the association, has been hampered by insufficient knowledge of endosymbiont ecology and taxonomic diversity. Host organisms (Lucinisca nassula and Phacoides pectinatus) were collected from Cedar Keys, Florida, within the top 15-20 cm of the sediment in sea grass beds. PCR amplification and sequencing of bacterial 16S rRNA genes from lucinid gills and sediment …

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 …

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

UC Law Journal

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

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

UC Law Journal

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

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

UC Law Journal

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

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

Articles by Maurer Faculty

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

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

UC Law Journal

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

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 …

Gender Politics, Gender Paradox: Establishing And Implementing Global Standards For The Promotion And Protection Of Women's Health, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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

LSU Master's Theses

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

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

UC Law Journal

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

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

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

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

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

Articles by Maurer Faculty

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

The Cleaver, The Violin, And The Scalpel: Duty And The Restatement (Third) Of Torts, Aaron D. Twerski

UC Law Journal

This Article takes issue with the approach taken by the proposed final draft of the Restatement (Third) of Torts that insists that noduty or limited duty rules should be formulated only when a court can promulgate clear, categorical, bright-line rules that are applicable to a general class of cases. In this Article I demonstrate that no-duty rules may often have to be formulated and tailored to the facts of a specific case. I respond to the critics who are concerned that no-duty rules that are fact specific allow courts to invade the province of juries whose task it is to …

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

UC Law Journal

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

Public Law As The Law Of The Res Publica, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

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 …

Conceptualizing Complicity In Alien Tort Cases, Chimene I. Keitner

UC Law Journal

The Alien Tort Statute (ATS) indisputably brings international law into U.S. courts. The question is: how much international law? The United States Supreme Court was recently precluded from addressing this question in cases involving alleged corporate complicity in the crime of apartheid because four judges recused themselves, leaving the Court without a quorum. The answer to this question can determine the outcome of cases brought against corporations for their alleged complicity in international law violations perpetrated by foreign governments. It will also shape the extent to which U.S. courts in ATS cases continue to interpret and apply international law, thereby …

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

UC Law Journal

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

Quiescent Current Testing Of Cmos Data Converters, Siva Yellampalli

LSU Doctoral Dissertations

Power supply quiescent current (IDDQ) testing has been very effective in VLSI circuits designed in CMOS processes detecting physical defects such as open and shorts and bridging defects. However, in sub-micron VLSI circuits, IDDQ is masked by the increased subthreshold (leakage) current of MOSFETs affecting the efficiency of I¬DDQ testing. In this work, an attempt has been made to perform robust IDDQ testing in presence of increased leakage current by suitably modifying some of the test methods normally used in industry. Digital CMOS integrated circuits have been tested successfully using IDDQ and IDDQ methods for physical defects. However, testing of …

Distributive Injustice And Private Law, Aditi Bagchi

UC Law Journal

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

In this Article, I argue that even …