Digital Commons Network^™

Understanding The Paradoxical Case Of The Voting Rights Act, Luis Fuentes-Rohwer

Articles by Maurer Faculty

This is an article about the Voting Rights Act of 1965 and its curious handling by the U.S. Supreme Court. When the Court examines the constitutionality of the Act, for example, it blindly defers to the work of Congress, unwilling to subject the statute to any meaningful scrutiny. In contrast, this posture of deference for questions of constitutional law differs greatly from the Court’s posture when interpreting the language of the statute. This is an area where the Court defers to no one, even when the text of the statute or the clear intent of Congress demands a different outcome. …

Shadow Precedents And The Separation Of Powers: Statutory Interpretation Of Congressional Overrides, Deborah Widiss

Articles by Maurer Faculty

In both judicial decisions and critical commentary on statutory interpretation, the possibility of congressional override is generally considered a significant balance to the countermajoritarian reality that courts, through statutory interpretation, make policy. This Article demonstrates that the "check" on judicial power provided by overrides is not as robust as is typically assumed. One might assume that overridden precedents are functionally erased or reversed. But because Congress technically cannot overrule a prior decision, courts must determine whether the enactment of an override fully supersedes the prior judicial interpretation. Overrides thus raise unique, and previously largely ignored, questions of statutory interpretation. Using …

Three Functions For The Fac̦Ade Of Wells Cathedral: Competition For The Bishopric, Liturgy And Processions, And Heavenly Jerusalem, Alexandra Leigh Pearson

LSU Master's Theses

The facade of Wells Cathedral belongs among the most extraordinary church facades in all of England. An expanse of architectural and figural sculpture, the facade is one hundred fifty feet wide and originally included one hundred seventy-seven niches with full-length statues and ninety quatrefoils framing either a bust of an angel or a scene from the Old and New Testaments of the Bible. Above a height of seventy-five feet, a gable with figural sculpture and two towers top the façade. Such an elaborate facade is unique and begs the questions: by what means did Wells come to look as it …

Computational Studies On Fatty Acid Synthesis: From Mechanisms To Drug Design, Matthew Edward Mckenzie

LSU Doctoral Dissertations

The first committed steps of the Fatty Acid synthesis pathway involves the de/carboxylation reactions of biotin. By understanding this step, potential novel antimicrobial agents could be discovered. The current tools of drug discovery can only help the research in finding and modifying potential hits. Finding a lead candidate from these programs are often equated to finding a needle in a haystack, which is due to the many assumptions used in molecular docking. The fundamental reaction kinetics can not be described by these techniques and a detailed study of the decarboxylation reaction is investigated using ab initio molecular dynamics. In this …

Judicial Activism And Fourteenth Amendment Privacy Claims: The Allure Of Originalism And The Unappreciated Promise Of Constrained Nonoriginalism, Daniel O. Conkle

Articles by Maurer Faculty

Among other meanings, "judicial activism" can be defined as judicial decisionmaking that frustrates majoritarian self-government and that is unconstrained by law. So understood, judicial activism is presumptively problematic, because it frustrates customary democratic and judicial norms.

In this essay, I address originalist and nonoriginalist responses to the presumptive problem of judicial activism in the context of Fourteenth Amendment privacy claims, including claims relating to abortion, sexual conduct, and same-sex marriage. I argue that originalism is an overrated solution, largely because current understandings of originalism, despite claims to the contrary, do not provide standards of decision that are sufficiently clear to …

Now Is The Appropriate Time For Selective Higher Education Programs To Collect Racial And Ethnic Data On Its Black Applicants And Students, Kevin D. Brown

Articles by Maurer Faculty

American colleges and universities have traditionally lumped all of their black students into a unified “Black/African/African American" category. However, there is growing evidence that American higher education is witnessing a historic change in the racial and ethnic ancestry of Blacks who are the beneficiaries of affirmative action. Recent studies have pointed out that disproportionately large percentages of Blacks benefiting from affirmative action are foreign-born Black immigrants, their sons and/or daughters, and multiracials. In addition, the number and percentage of blacks approaching college age from these groups will increase substantially in the next five to ten years.

In light of this …

A Humanistic View Of Satan: The Role Of Satan In Stephen Adly Guirgis' The Last Days Of Judas Iscariot, Yohance Myles

LSU Master's Theses

The role of Satan, in The Last Days of Judas Iscariot, was selected as the topic of this thesis in acting to be submitted to the Graduate School of Louisiana State University in partial fulfillment of the requirements for graduation with the Master of Fine Arts degree in Theater. The thesis includes an introduction; discussions of acting methods: the Art of Being, logical thinking, rhythmic sounds, the rehearsal process, journal notes, photos, research, and a conclusion. It details my role/character from a theatrical and humanistic point of view. I will highlight points that will reveal my daily discoveries of this …

Feedback Between Residual Circulations And Sediment Distribution In Highly Turbid Estuaries: An Analytical Model, Stefan A. Talke, Huib E. De Swart, H. M. Schuttelaars

Civil and Environmental Engineering Faculty Publications and Presentations

Motivated by field studies of the Ems estuary which show longitudinal gradients in bottom sediment concentration as high as O(0.01 kg/m⁴), we develop an analytical model for estuarine residual circulation based on currents from salinity gradients, turbidity gradients, and freshwater discharge. Salinity is assumed to be vertically well mixed, while the vertical concentration profile is assumed to result from a balance between a constant settling velocity and turbulent diffusive flux. Width and depth of the model estuary are held constant. Model results show that turbidity gradients enhance tidally averaged circulation upstream of the estuarine turbidity maximum (ETM), …

Hearing Assessment Of Forest Loggers, Antonio A. Fonseca

LSU Master's Theses

Forest logging is the process in which trees are cut down for forest management and/or timber harvest. According to OSHA, logging is the most dangerous occupation in the United States. It consistently represents one of the most hazardous industries, with a fatality rate more than 21 times higher than the rate for all workers in the United States. Yet, little research has been performed to determine the long term effect of noise on forest loggers. OSHA regulations state that the maximum permissible hearing in an 8 hour shift should not exceed 90 dB. Occupational noise exposure is recognized as a …

Predicting Performance On High Stakes Testing: Validity And Accuracy Of Curriculum-Based Measurement Of Reading And Writing, Marie Young Henderson

LSU Doctoral Dissertations

The purpose of the current investigation was to determine which curriculum-based measures of written expression demonstrated adequate technical characteristics and provided useful information towards predicting performance on a state-standardized assessment. Data collected from 124 third grade students was used for the study. Curriculum-based measures of reading and writing collected three times within the school year were utilized as the independent variables for predicting the dependent variables. Writing samples were scored using 9 indices of writing. Results from a state standardized assessment (iLEAP) were used as the dependent variables. The study found reliability coefficients for writing indices to be consistent with …

Topics In Quantum Optical Metrology, Aravind Chiruvelli

LSU Doctoral Dissertations

Quantum optical metrology deals with estimation of an unknown parameter by exploiting the non-classical properties of the light. The unknown parameter that we are trying to estimate is the optical phase. Precise optical phase measurement has been a well-known problem and has many applications, most notably the gravitational wave detection. In this thesis we investigate the interferometric measurement schemes. We consider the parity detection for a class of input states that have been shown to exhibit sub-shot noise limited phase estimate with their respective detection schemes. Our results indicate that the parity detection applies to all these strategies with various …

Does Practice Of Multi-Directional Stepping With Auditory Stimulation Improve Movement Performance In Patients With Parkinson's Disease, Zahra Kadivar

LSU Doctoral Dissertations

Parkinson’s disease (PD) is a debilitating neurodegenerative disorder causing many physical limitations. Rhythmic auditory stimulation (RAS) influences motor complications not alleviated by medicine and has been used to modify straight line walking in this population. However, motor complications are exacerbated during more complex movements including those involving direction changes. Thus immediate RAS effects on direction switch duration (DSD) and other kinematic measures during a multi-directional step task were investigated in PD patients. Long term RAS application was also explored by evaluating functional gait and balance and kinematic step measures before and after 6 weeks of multi-directional stepping either with (Cue, …

The Potential Contribution Of Organic Salts To New Particle Growth, Kelley Barsanti, Peter H. Mcmurry, J. N. Smith

Civil and Environmental Engineering Faculty Publications and Presentations

Field and lab measurements suggest that low-molecular weight (MW) organic acids and bases exist in accumulation and nucleation mode particles, despite their relatively high pure-liquid vapor pressures. The mechanism(s) by which such compounds contribute to the mass growth of existing aerosol particles and newly formed particles has not been thoroughly explored. One mechanism by which low- MW compounds may contribute to new particle growth is through the formation of organic salts. In this paper we use thermodynamic modeling to explore the potential for organic salt formation by atmospherically relevant organic acids and bases for two system types: one in which …

A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig

UC Law Journal

This Article argues for recognition of a constitutional right to assistance of counsel in habeas corpus proceedings that involve challenges to the legality of a criminal judgment where habeas in effect functions as the first appeal of right. It is well-established that due process and equal protection principles guarantee the indigent defendant a right to counsel on the first appeal of right. But the Supreme Court has concluded that no right to counsel attaches in further, discretionary appeals, and in state habeas proceedings where the claims at issue were previously litigated on direct appeal. In Coleman v. Thompson, decided in …

Full State Funding Of Education As A State Constitutional Imperative, Laurie Reynolds

UC Law Journal

After nearly four decades of school finance litigation, with numerous plaintiff victories based on state constitutional law doctrines of equality and adequacy, subsequent generations of lawsuits reveal that the earlier court decrees have not eliminated sustained inequality and inadequacy in public schools. This disappointing state of affairs, when coupled with the fact that a growing number of state courts are increasingly reluctant to take on the merits of school finance cases, suggests that the future trajectory of school finance and school finance litigation is not positive. In this Article, I suggest that both of these negative trends are at least …

Holocene Evolution And Avulsion History Of The Lower Mississippi River, Yazoo Basin, Ms, Eric Prokocki

LSU Master's Theses

Optically stimulated luminescence dates coupled with paleohydrological estimations from lower Mississippi River (LMR) meander belts within the Yazoo Basin, MS provide new insight into the geochronological and hydrologic history of the LMR throughout the Holocene period. According to OSL dates, there are only three temporally equivalent LMR meandering river regime sediment packages, and not five as previously assumed from past geochronological research initiatives within the lower Mississippi Valley (LMV). The three geochronological sediment packages from oldest to youngest are thus represented by the following LMR meander belts: Early Holocene Chronostratigraphic Package – ca. 9.19 to 8.07 ka represented by the …

The Extended Picture Group, With Applications To Line Arrangement Complements, Charles Richard Egedy

LSU Doctoral Dissertations

We obtain the picture group as the quotient with a torsion subgroup, of an extended picture group, which is isomorphic to the kernel of a precrossed module homomorphism. In addition to expanding the notion of a picture group, the new formulation gives a natural way to construct homomorphisms between picture groups by describing deformations of one-vertex subpictures. The extended picture group thus provides a convenient way to describe generators for the second homotopy group of line arrangement complements as well as homomorphisms between these groups. In particular, we show that the homomorphisms relate to a lattice structure corresponding roughly to …

Originalism And The "Challenge Of Change": Abduced-Principle Originalism And Other Mechanisms By Which Originalism Sufficiently Accommodates Changed Social Conditions, Lee J. Strang

UC Law Journal

One of the most persistent criticisms of originalism-and also one of the most powerful-is that originalism is not a viable interpretative methodology because of the tremendous technological, social, cultural, religious, and moral change that has occurred since the Constitution's original meaning was created. The Constitution's original meaning arose in contexts so dramatically different from our own, the criticism goes, that a Constitution whose meaning was limited by those contexts would be unworkable in today's world.

This form of criticism of originalism - the challenge of changeis pervasive. In this Article, I argue that originalism has, within its analytical quiver, six …

Can A Subsequent Change In Law Void A Marriage That Was Valid At Its Inception? Considering The Legal Effect Of Proposition 8 On California's Existing Same-Sex Marriages, Lois A. Weithorn

UC Law Journal

On May 15, 2008, the California Supreme Court held that California's prohibition of same-sex marriage violated the equal protection and due process clauses of the California Constitution. One month later, pursuant to that court's authority, county clerks throughout California began certifying marriages of same-sex couples. Opponents of same-sex marriage placed a voter initiative- ultimately known as Proposition 8-on the November 4, 2008 ballot. Proposition 8 passed with 52.3% of the vote, thereby placing in the California Constitution the language, "Only marriage between a man and a woman is valid or recognized in California." In response to its passage, California officials …

Passwords And Keys Under The Dmca: A Call For Clarification From The Courts Or Congress, Lindsey M. Shinn

UC Law Journal

While the DMCA was passed to protect copyrighted content in the digital age, the cases interpreting the statutory terms "circumvention" and "authorization" are inconsistent. The courts have staked out two poles on what does and does not constitute circumvention under the DMCA: aftermarket parts that run items like garage doors do not circumvent, but code that allows an unanticipated device to play a CD is a circumvention. This Note explores the surprising consequences of carrying the reasoning of each of these lines of cases to their logical conclusions. The most unsettled area naturally falls in the middle-in the cases of …

Heller, High Water (Mark)? Lower Courts And The New Right To Keep And Bear Arms, Brannon P. Denning, Glenn H. Reynolds

UC Law Journal

In the wake of District of Columbia v. Heller, lower courts have entertained a number of challenges to myriad federal, state, and local gun-control laws. Not surprisingly, given language in Heller seemingly intended to forestall some claims, courts have not, to date, invalidated federal or state gun-control laws that fall short of D.C.'s near-prohibition on private gun ownership. While the lower court cases to date confirm our earlier predictions that lower courts would not run wild with Heller, it is not clear that Heller was a purely symbolic victory either. Governments now find themselves legislating in the shadow of Heller; …

Supply Restrictions At The Margins Of Heller And The Abortion Analogue: Stenberg Principles, Assault Weapons, And The Attitudinalist Critique, Nicholas J. Johnson

UC Law Journal

Through a consideration of the assault weapons question, this Article engages the criticism that District of Columbia v. Heller provides an insufficient standard for resolving many questions that emerge under the newly-clarified Second Amendment. After arguing that assault weapons might enjoy threshold protection under Heller's common-use test, the Article shows how the principles grounding the Supreme Court's abortion jurisprudence are especially suited for resolving aspects of the question that Heller does not explicitly answer. Particularly, this Article shows how constitutional protection of the best methodology for preserving life or health-advanced by the liberal wing of the Court in abortion jurisprudence-is …

Second Amendment Limitations And Criminological Considerations, Don B. Kates, Clayton E. Cramer

UC Law Journal

Criminological studies which identify perpetrator characteristics are unanimous in finding that almost all murderers fall into three categories: (i) the mentally disturbed, and/or (2) adults with criminal records, and/or (3) juveniles with juvenile records. Many murder perpetrators exhibit two or all three characteristics. Thus laws such as the ones Heller invalidated that seek to disarm the general population have minimal value and deprive victims of the means of self-defense.

The Second Amendment does not guarantee: (i) weapons of indiscriminate destructiveness such as cannons, (2) any right of violent felons or of other felons whom legislatures reasonably identify as likely to …

The Good Faith Exception As Applied To Illegal Predicate Searches: A Free Pass To Institutional Ignorance, Andrew Z. Lipson

UC Law Journal

The Supreme Court recently clarified the scope of the good faith exception to the exclusionary rule in Herring v. United States. The Court's decision, however, did not address whether the good faith exception should apply to illegal predicate searches. Illegal predicate searches are searches where a police officer misapplies the law and conducts an illegal search that yields evidence later used to obtain a search warrant. There is currently a circuit split on the application of the good faith exception to situations where there has been an illegal predicate search. Some circuits have held that even though the searching officer …

Four Exceptions In Search Of A Theory: District Of Columbia V. Heller And Judicial Ipse Dixit, Carlton F. W. Larson

UC Law Journal

This Symposium Essay examines the Supreme Court's Second Amendment decision in District of Columbia v. Heller. Specifically, the Essay examines four exceptions to the right to bear arms that the Court specifically approved: (i) laws disarming felons, (2) laws disarming the mentally ill, (3) laws prohibiting the possession of firearms in sensitive places, and (4) laws regulating the commercial sale of firearms. The Essay argues that these exceptions cannot be completely justified on originalist grounds, at least under the form of originalism that the Court is likely to employ. The Court's approach seems to require specific historical justifications for the …

Heller And Nonlethal Weapons, Craig S. Lerner, Nelson Lund

UC Law Journal

Two important opinions in the past decade, both written by Justice Antonin Scalia, have sought to apply originalist jurisprudence to constitutional issues raised by technologies that were unknown at the time of the founding. In Kyllo v. United States, the Court held that using sense-enhancing technology to obtain information about the interior of a home, even without a physical intrusion, constitutes a Fourth Amendment search, at least if the technology is not "in general public use." This rule appropriately preserves the privacy that could only have been violated by a trespass in 1791. In District of Columbia v. Heller, the …

Second Amendment Decision Rules, Calvin Massey

UC Law Journal

In District of Columbia v. Heller, the Supreme Court determined that the Second Amendment protects an individual right to bear arms for self-defense. That right is a constitutional operative rule: We know it exists but we have little idea of its boundaries. Constitutional decision rules, whether they be tiered scrutiny, multi-factor analytical tests, categorical rules, or something else, function to enable courts, lawyers, and citizens to understand the dimensions of any given right. Because the Court has announced a new constitutional operative rule without providing much guidance concerning the applicable constitutional decision rules, this Essay is an effort to identify …

Closing The Tax Gap: Encouraging Voluntary Compliance Through Mass-Media Publication Of High-Profile Tax Issues, Elizabeth Branham

UC Law Journal

In 2001, the IRS estimated the gross tax gap was approximately $345 billion dollars. Each dollar not collected represents lost revenue for the federal government, the collection of which would be contributed to federally-funded public works. Within the tax gap, underreporting of individual income represented over half of uncollected revenue. Among that group of noncompliant taxpayers, most are generally not subject to third-party reporting and are therefore capable of choosing to file or to evade. This Note discusses the impact of high-profile tax prosecutions on social norms and values as an avenue to address and encourage voluntary compliance.

Why Didn't The Supreme Court Take My Advice In The Heller Case - Some Speculative Responses To An Egocentric Question, Sanford Levinson

UC Law Journal

There were a number of argumentative routes by which the Supreme Court could have reached the same basic result as was announced in the Heller case, i.e., the invalidation of the de facto prohibition of private handgun ownership in the District of Columbia. One of them was adoption of the approach suggested by Solicitor General Paul Clement (though he explicitly suggested remanding the case back to the Court of Appeals for the District of Columbia for consideration in light of a somewhat different standard of review, that could have easily led to the same outcome). The brief that he submitted …

The Hangman's Noose And The Lynch Mob: Hate Speech And The Jena Six, Jeannine Bell

Articles by Maurer Faculty

Taking the hangman's noose hanging in Jena, Louisiana in 2006 as a starting point, this Article begins by placing the hanging of a noose in historical context. The Article then proceeds to explore contemporary manifestations of noose hanging in the workplace, in schools and other settings. The Article examines noose hangings that occurred around the country since the display in Jena to explore the social meaning of a noose. Also examined are media constructions of noose hanging and the perception that some Blacks targeted by noose hanging have had of these incidents. The article concludes with a victim based reasonable …