Digital Commons Network^™

Constitutional Theory And The Future Of The Unitary Executive, Sotirios Barber, James E. Fleming

Faculty Scholarship

In The Constitution in Wartime: Beyond Alarmism and Complacency, Mark Tushnet distinguishes two voices: "alarmists who see in every action taken by the Bush [A]dministration a portent of gross restrictions on the civil liberties of all Americans, and administration shills who see in those actions entirely reasonable, perhaps even too moderate, accommodations of civil liberties to the new realities of national security."1 Tushnet's volume contains essays, including one by us,2 which he judges to lie "beyond alarmism and complacency" (or perhaps between alarmism and complacency). But critics of the Bush Administration's theory of the unitary executive may be alarmed by …

A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo

Faculty Scholarship

This article offers the first quantitative evidence on race and bankruptcy. Minority debtors fare worse overall in bankruptcy — blacks are 40% and Hispanics 43% less likely than whites to receive a discharge in Chapter 13 after controlling for variables such as education, income, and employment. While the data do not allow for causal inference, Chapter 13 trustees were twice as likely to have made a motion to dismiss even against black debtors who ultimately completed their multi-year bankruptcy plans than against similar white debtors. The paper also indicates that a lack of attorney representation by minority debtors may make …

Book/Tax Conformity And Equity Compensation, David I. Walker, Victor Fleischer

Faculty Scholarship

Should we require companies to report the same amount of income to the IRS as they report to their shareholders? The idea behind "book/tax conformity" is that managers' desire to increase reported earnings would act as a check on their desire to minimize taxable income, and vice versa. Some scholars have proposed a comprehensive approach, adopting financial income as the basis for corporate taxation. Legislators, meanwhile, have offered a targeted approach that singles out equity compensation, which has historically been a significant source of the "gap" between book income and taxable income.

This Article argues that book/tax conformity carries unexplored …

A Witness To Justice, Jessica Silbey

Faculty Scholarship

In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the prosecutor. Sarah's outrage at the deal convinces the assistant district attorney to prosecute members of the crowd that cheered on and encouraged the rape. This film shows how Sarah Tobias, a woman with little means and less experience, intuits that according to the law rape victims are incredible witnesses to their own victimization. The film goes on to critique what the right kind of witness would …

Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen A. O'Rourke

Faculty Scholarship

Our fast-paced age of electronic agreements that ostensibly govern transactions as diverse as downloading software, ordering goods, and engaging in collaborative development projects raises questions regarding thesuitability of contract law as the appropriate legal framework. While this question arises in many settings, we focus here on the free and open source software (FOSS) movement because of the maturity and success of its model and the ubiquity of its software. We explore in particular whether open source licenses are supported by consideration, and argue that they are, and that open source licenses are contracts. We further argue that a contractual framework …

Toward An Architecture Of Health Law, Wendy K. Mariner

Faculty Scholarship

This article examines 3 questions: What is an academic field of law? Is health law such a field? If it is, how can or should it be described? The first question may have no answer; scholars and practicing lawyers have fashioned their owns spheres of expertise. Describing health law faces particular challenges, including the breadth of applicable doctrines and the decline of unique medically-oriented adaptations of general principles. The article offers a blueprint based on the health and human rights framework as a functional description of the eclectic and translegal field of health law. This approach can identify the principles …

More Than What Courts Do: Jurisprudence, Decision, And Dignity — In Brief Encounters And Global Affairs, Robert D. Sloane

Faculty Scholarship

This brief essay is the edited transcript of the author’s opening remarks for a panel on jurisprudence in international law at the conference entitled Realistic Idealism in International Law, held at Yale Law School on April 24, 2009, in honor of W. Michael Reisman. It canvasses some of the animating factors and features of the New Haven School of jurisprudence with which Reisman is identified, and it seeks to explain and clarify some of his signature contributions to the School’s methodology.

Judicial Control Of The National Labor Relations Board's Lawmaking In The Age Of Chevron And Brand X, Michael C. Harper

Faculty Scholarship

This article analyzes and applies to Labor Board decision making the Court’s oft-cited 1984 decision in Chevron U.S.A. v. Natural Resources Defense Council. The article argues that judicial review of Board decision making under Chevron, though limited, can still be sufficiently meaningful to control excessive shifts in Board lawmaking criticized by many commentators. The article explains why recent Supreme Court decisions reject any distinction between two theoretically distinct forms of agency discretionary lawmaking – (1) lawmaking through construction of the direct force of an ambiguous statute: and (2) lawmaking through the elaboration of law beyond that which is embodied in …

The Gap In Canadian Police Powers: Canada Needs 'Public Order Policing' Legislation, W. Wesley Pue, Robert Diab

All Faculty Publications

The authors identify a gap in Canadian policing law. Police have neither common law nor statutory authority to undertake the sorts of public order policing measures that are thought to be essential to securing large public events, such as Vancouver's 2010 Olympics. The paper argues for the adoption of a Public Order Policing Act designed to confer the necessary powers and ensure their operation in a manner that respects constitutional law and fundamental civil liberties. Revised and published as W. Wesley Pue & Robert Diab “The Gap in Canadian Police Powers: Canada Needs 'Public Order Policing' Legislation” (2010) 28 Windsor …

The Murrow Tradition: What Was It, And Does It Still Live?, Raluca Cozma

LSU Doctoral Dissertations

This dissertation explores the differences in the quality of radio foreign news and foreign correspondents between CBS during World War II and NPR during the Iraq War II. Triangulating quantitative and qualitative methods (content analysis, historical research, and in-depth interviews), this study proposes a model of quality foreign news to help determine what the Murrow tradition means. The model is then used to test if that celebrated tradition lives on in a non-commercial setting at NPR. The two-pronged model pulls together theories of mass communication and historical accounts to assess (1) the quality of the foreign correspondents at the two …

Recent Two-Feldspar, Ti-In-Biotite, And Garnet-Biotite Geothermometry Of The Frontenac Terrane And Adirondack Lowlands, Grenville Province, Canada And The United States, Ashley Russell

Undergraduate Theses and Senior Projects

Reconstructing the assembly of the Middle Proterozoic Adirondack Mountains and surrounding regions is difficult due to high-grade metamorphism, igneous intrusions, faulting, erosion, and dense cover. A 2008/2009 Keck Geology Consortium Project devoted itself to collecting petrological and structural data in the Adirondack Lowlands and into the Frontenac terrane of Ontario with the hypothesis that a shear zone near the St. Lawrence River, the Black Lake Shear Zone (BLSZ), may be a tectonic boundary representing the welding of the Adirondacks onto the rest of the Precambrian core. In this study, to determine if or if not the BLSZ is a discontinuity, …

The Stereotypic Portrayal Of Women In Slasher Films: Then Versus Now, Chad Brewer

LSU Master's Theses

ABSTRACT In entertainment, the media often portray various social groups, including women, in certain negative ways and as having more negative qualities than other traditional social groups, such as white males. These portrayals provide viewers with ways of thinking about and acting towards members of a particular group, thus affecting communication and perception. This research seeks to analyze data on horror film stereotyping in a new way not by merely observing stereotypes of women in horror film, but by examining the content across time-periods and societal change. A textual analysis will compare 16 total films, 8 original films versus the …

Accurals Quality And Price Synchronicity, Joseph Atkins Johnston

LSU Doctoral Dissertations

This study examines the relation between accruals quality and price synchronicity, a measure of the relative amount of firm-specific information reflected in price. Higher accruals quality imply better quality earnings news, hence, more firm-specific information is incorporated into price for firms with higher accruals quality. More firm-specific information reduces price synchronicity, hence, we hypothesize a negative relation between accruals quality and price synchronicity. On the other hand, literature shows that accruals quality reduces idiosyncratic volatility which tends to be negatively correlated with price synchronicity. If the latter effects dominate the relation between accruals quality and price synchronicity, we should observe …

The Use Of The Talmudic Format For The Presentation Of Qualitative Work, Diane Rodgers

Faculty Articles, Papers, and Other Scholarship

In this article, I propose to adapt the Talmud, a Jewish religious text, for the written representation of qualitative research. The form and the style of argumentation in and engendered by the Talmud can be adapted to present qualitative methods in a way that transcends the limitations of conventional formats. In addition, this format requires even greater participation in the act of reading. Because the Talmudic format uniquely addresses the difficulties involved in representing everyday life, I argue that adapting the format of the Talmud is ideal for giving voice, for presenting multiple and competing narratives alongside documents, and for …

Monetary Remedies For Victims During Illinois Criminal Cases, Jeffrey A. Parness, Laura Lee, Karen Blouin

Faculty Articles, Papers, and Other Scholarship

The Illinois Crime Victim's Rights Amendment, added to the Illinois Constitution by the legislature and the voters in 1992, includes a 'right to restitution'. The amendment spurred some new legislation, now within the Rights of Crime Victims and Witnesses Act. But most crime victims still have little chance for restitution or other monetary remedies during criminal cases. Other remedies include recoveries from a state fund guided by the Crime Victims Compensation Act and recoveries ordered at sentencing under the Unified Code of Corrections Act. The paper first examines the Illinois constitutional right to restitution and the three separate acts recognizing …

Donor Relations 2.0: Using Web 2.0 To Connect With Donors, Lynne M. Thomas

Faculty Articles, Papers, and Other Scholarship

No abstract provided.

Faithful Hermeneutics, Francis J. Mootz Iii

Scholarly Works

This article was presented at the Annual Meeting of the Association of American Law Schools on January 9, 2009 as part of a panel on "Scriptural and Constitutional Hermeneutics." The panel was co-sponsored by the Law and Religion Section, Section on Jewish Law, and Section on Islamic Law, and the papers will be published by the Michigan State Law Review.

My article compares legal and religious hermeneutics by exploring the dual nature of what I term "faithful hermeneutics." The ambiguity evoked by this phrase is intentional. On one hand, it suggests an investigation of the relationship between legal and religious …

Assessing The Silicon Status Of Rice (Oryza Sativa), Joseph Eugene Kraska

LSU Master's Theses

Low silicon (Si) content in rice, sugarcane and other Si-accumulating crops can adversely affect crop performance due to reduced tolerance to both abiotic and biotic stresses. This research had two specific objectives relative to Si in Louisiana rice: develop a digestion procedure for Si tissue analysis that is robust, accurate, precise, and requires equipment commonly found in most agricultural laboratories; and survey the Si status of rice plants at mid-tiller (Y-leaf) and after harvest (straw) throughout the rice-growing regions of Louisiana. Assessing the Si status of a crop typically depends upon accurately measuring Si accumulation in plant tissue. While wet-digestion …

A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin

Articles by Maurer Faculty

In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect against …

Gender Differences In Children With Autism Spectrum Disorders And Comorbid Psychopathology, Julie Hess

LSU Master's Theses

Abstract Children and adolescents diagnosed with Autism Spectrum Disorders (ASD) frequently exhibit symptoms that are not associated with the core features of ASD. These symptoms may meet criteria for an additional diagnosis; however, accurate assessment of comorbid psychiatric conditions in ASD has been hindered by a lack of measures designed for this specific purpose. The newly constructed assessment measure, Autism Spectrum Disorders-Comorbid for Children (ASD-CC) has been developed specifically for examining comorbid psychiatric disorders in ASD. Therefore, this study set out to assess differences in the endorsement rates of psychiatric symptoms in children and adolescents diagnosed with ASD compared to …

Three Ways Of Looking At A Health Law And Literature Class, Jennifer Bard, Thomas W. Mayo, Stacey A. Tovino

Scholarly Works

The authors of this Article participated in a panel at the American Society of Law, Ethics & Medicine Conference in 2008 that discussed the use of literary materials in law school to teach medical ethics (and related matters) in a law school setting. Each author comes at the topic from a different perspective based on his or her own experience and background. This Article and the panel on which it was based reflect views on how literature can play a valuable role in helping law students, as well as medical students, understand important legal and ethical issues and concepts in …

When Reading Between The Lines Is Not Enough: Lessons From Media Coverage Of A Domestic Violence Homicide-Suicide, Elizabeth L. Macdowell

Scholarly Works

In October 2008, Karthik Rajaram murdered his wife, mother-in-law, sons and, ultimately, himself, in a wealthy Los Angeles suburb. This Article analyzes media reports about the deaths to illustrate the resilience of patriarchy and significant gaps in research and scholarship about domestic violence, and suggests a strategic approach to building counter-narratives about violence against women.

The Article is composed of five parts. Part I is the Introduction. Part II draws on narrative theory and critical media scholarship to lay the groundwork for analysis, and to show why media coverage of homicide-suicide is implicated in the production of dominant ideology.

Part …

Descriptive Study Of Korean E-Mail Discourse, Jaegu Kim

LSU Doctoral Dissertations

This study is an examination of a corpus of computer mediated Korean discourse (i.e., e-mail), based on a folk-cultural category, nunch’i. Nunch’i is actively involved in linguistic feature use in terms of [+age] and [+distance] of human relationships. Many Koreans think that the world has an inherent hierarchy according to age. This idea has been reflected through nunch’i, a culture-specific system for maintaining harmonious social relationships especially between [+age] and [–age] people. Nunch’i has a function of foresight, in that it is part of the way that people read the situations and the faces of addressers and addressees. Like oral …

The Indigenous Culture Of School Mathematics In China And The United States: A Comparative Study Of Teachers' Understanding Of Constructivism, Lingqi Meng

LSU Doctoral Dissertations

This study aimed to explore how the indigenous (national) culture of teaching and learning mediates teachers’ understandings of constructivism in China and the U.S. Thirty middle school math teachers who are self-identified with the mathematics teaching reform movement in each country participated in this study (NCTM 2000 Math Standards in the United States or the MOE 2001 Math Standards in China). Both theoretical and empirical methods were adopted for this research. Theoretical analysis led to a new cultural model that helped select appropriate cultural elements for this study. Based on emergence theory, the new model perceives Confucianism and Taoism as …

Genome-Wide Mapping Of Beaf Binding Sites In Drosophila Links Beaf To Transcription, Nan Jiang

LSU Doctoral Dissertations

Gene expression is regulated by the chromatin environment and various cis-regulatory elements. Gene activators and repressors target specific regulatory elements in the genome to regulate nearby genes. But they function only in limited regions called domains. In each domain, genes are regulated independently without interference from outside. Boundary elements (insulators), binding sites for insulator proteins, are proposed to separate neighboring domains. One function of insulators is to block interactions between an enhancer and a promoter if positioned between them; the second function is to block the spreading of certain chromatin states along chromatin. BEAF-32 (with two 32 kDa variants: BEAF-32A …

Structural Influences In Information Systems Projects: A Virtual Experiment In A Multi-Agent System, Pierce Hopkins

LSU Doctoral Dissertations

A virtual experiment (in silico) of a complex social system is conducted in order to investigate the effects of social structure and organizational culture on an information system development project’s outcome. This is performed within the context of user participation and project success. A 2x2 factorial design is employed with the social factor being measured as either low or high initial relationships between the customer and developer groups working on the project. The cultural factor is measured dichotomously with the two groups either having the same or different cultural beliefs. The project success outcome variable is measured as a percentage …

A Catalogue Of British Old Master Paintings In The Collection Of The Louisiana State University Museum Of Art, Quincy Lee

LSU Master's Theses

The Louisiana State University Museum of Art owns a collection of British paintings that highlight the popular styles of portrait painting from the sixteenth through the nineteenth centuries. This British collection includes examples of Renaissance, Baroque, Rococo, and neoclassical portraiture along with typical British Romantic landscape paintings, a tradition following earlier Dutch landscape examples. The collection includes works by such internationally known artists as William Hogarth, Sir Joshua Reynolds, Thomas Gainsborough, John Michael Wright, John Hoppner, Sir William Beechey, Patrick Nasmyth, Sir Nathaniel Dance, Sir Henry Raeburn, William Westall, and Peter Monamy. Many of these artists are represented in such …

Catholic Missionaries In Africa: The White Fathers In The Belgian Congo 1950-1955, Kathryn Rountree

LSU Master's Theses

Catholic missionaries played an important role in the colonial scramble in Africa and the subsequent years. They served as educators and medical support for the state in many cases. The state relied on missionaries to staff schools, educate the population, and aid in the civilization of the Africans. In the Belgian Congo, Catholic missionaries - specifically the Society of Missionaries of Africa or White Fathers - played an especially important role as agents of evangelization and European civilization. The Belgian state relied heavily (and provided subsidies) on missionaries to educate the native people. Through education and medical help, missionaries fostered …

Socio-Economic Rights And Refugee Status: Deepening The Dialogue Between Human Rights And Refugee Law, Fatma E. Marouf, Deborah Anker

Scholarly Works

Over the past two decades, international human rights law has provided an increasingly useful framework for interpreting key criteria of the definition of a refugee. A human rights-based approach to analyzing refugee status helps to increase consistency and uniformity in decision making by state parties regarding who qualifies for international protection.

Michelle Foster's book, International Refugee Law and Socio-economic Rights: Refuge from Deprivation (Cambridge U. Press 2007), comes at a critical time, not only because of increasing acceptance of the connection between refugee law and human rights law and significant developments in the current understanding of economic and social rights, …

Investigating Conceptual Teaching Strategies In A Computer Based Mathematics Curriculum: The Case Of R2r, Haitham Sleiman Solh

LSU Doctoral Dissertations

This study investigated the various teaching strategies implemented by the teachers in a computer-based Mathematics course delivery model created by the LSU Math Department and applied in Louisiana High Schools. This model was referred to as R2R (Roadmap to Redesign). It was a course design that includes whole class instruction time (about 25% of class time) in addition to time spent with teacher assistance utilizing computer software (MathXL) to practice exercises, submit homework assignments, and take quizzes and tests.The study aimed to determine the proportion of teachers using the R2R model that opt to support a conceptual agenda in their …