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2009

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The Public Policy Exception To Recognition And Enforcement Of Judgments In Cases Of Copyright Infringement, Marketa Trimble Jan 2009

The Public Policy Exception To Recognition And Enforcement Of Judgments In Cases Of Copyright Infringement, Marketa Trimble

Scholarly Works

In recent years proposals have been made for an international convention that would facilitate a smooth recognition and enforcement of foreign judgments in intellectual property matters. Like all of these proposals, the American Law Institute’s preliminary version, short titled "Draft Principles" published in March 2007, strives to eliminate most hurdles to recognition and enforcement by providing rules for jurisdiction, choice of law and coordination of multi-territorial actions. As long as the rules are applied by the court that issues a judgment (the “rendering court”), most of the obstacles to recognition and enforcement − differing jurisdictional rules and choice of law …

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A Catalogue Of British Old Master Paintings In The Collection Of The Louisiana State University Museum Of Art, Quincy Lee Jan 2009

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 …

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High School Students' Attitudes Toward Single-Sex Choir Versus Mixed Choir, Jenna Leigh Jackson Jan 2009

High School Students' Attitudes Toward Single-Sex Choir Versus Mixed Choir, Jenna Leigh Jackson

LSU Master's Theses

Participants in this project included high school choral students (N = 54) from central Mississippi and their directors (N = 3). Participants were enrolled both in a mixed choir and either an all boy or all girl choir. A survey was constructed by the researcher to determine the attitudes of the participants toward singing and participation in choir. The 32 survey statements fell into one of four categories: perception of self as singer, attitude about gender in choir, others’ perception of self in choir, and attitude toward choir. In addition, participants were asked to provide demographic data about their gender, …

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Catholic Missionaries In Africa: The White Fathers In The Belgian Congo 1950-1955, Kathryn Rountree Jan 2009

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 …

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Tropical Or Colonial?: A Reception History Of Jean Prouve's Prefabricated Houses For Africa, Kathleen O'Day Jan 2009

Tropical Or Colonial?: A Reception History Of Jean Prouve's Prefabricated Houses For Africa, Kathleen O'Day

LSU Master's Theses

Known for his industrialized furniture, Jean Prouvé is recognized as an innovative and idealistic designer. Yet it was the recent sale of one of three Maisons Tropicales prototype houses built for the French colonies in Africa, that he gained real notoriety. Made entirely of aluminum and steel, these flat pack houses were built light enough to be transported by airplane from Europe to remote locations in Africa to address the 1950’s housing shortage in the French colonies. To understand the evolution of these houses from their design to their current resettlement and restorations, this thesis investigates Prouvé’s background and influences …

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Sociolinguistic Characteristics Of The Latino Population In The Baton Rouge Metro Area, Dally Campos Molina Jan 2009

Sociolinguistic Characteristics Of The Latino Population In The Baton Rouge Metro Area, Dally Campos Molina

LSU Master's Theses

This thesis examines sociolinguistic characteristics of the Latino population in the Baton Rouge metro area and has a manifold purpose. The main purpose of the study is to determine whether Latinos consider that the way they speak their native language –Spanish– has changed as a consequence of their living in Baton Rouge, i.e., the United States. A questionnaire was applied to 106 Latinos in Baton Rouge, 58 male and 48 female, between the ages of 18 and 71 years old, from several socioeconomic backgrounds (white collar workers, blue collar workers, etc.). They represent 14 Latin American countries. I tested a …

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The Constitutional Canon As Argumentative Metonymy, Ian C. Bartrum Jan 2009

The Constitutional Canon As Argumentative Metonymy, Ian C. Bartrum

Scholarly Works

This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. The author examines the way that we interact with canonical texts as we construct arguments in the forms that Bobbitt has described. The author contends that these texts serve as metonyms for larger sets of associated principles and values, and that their invocation usually is not meant to point to the literal meaning of the text itself. This conception helps explain how a canonical text's meaning in constitutional argument can evolve over time, and hopefully offers the creative practitioner some insight into the kinds of arguments that …

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Children's Production Of Verbal -S By Dialect Type And Clinical Status, Lesli H. Cleveland Jan 2009

Children's Production Of Verbal -S By Dialect Type And Clinical Status, Lesli H. Cleveland

LSU Doctoral Dissertations

The study examined children’s use of verbal –s marking (e.g., he walks) in two nonmainstream dialects of English, African American English (AAE), and Southern White English (SWE). Verbal –s marking was of interest because there are gaps in the literature about the nature of this structure within and across typically developing children who speak AAE and SWE and about the nature of this structure in AAE- and SWE-speaking children with specific language impairment (SLI). To address these gaps, children’s verbal –s marking was examined as a function of their dialect and clinical status and as a function of a number …

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Toward Global Corporate Citizenship: Reframing Foreign Direct Investment Law, Rachel J. Anderson Jan 2009

Toward Global Corporate Citizenship: Reframing Foreign Direct Investment Law, Rachel J. Anderson

Scholarly Works

This article argues that modern foreign direct investment law is a vestige of the colonial era during which early forms of transnational corporations emerged. Unlike international trade law and despite the dramatic developments of the twentieth century, foreign direct investment law remains largely unchanged. Due to a lack of political will, prior multilateral efforts to implement comprehensive foreign direct investment law reforms have been largely unsuccessful. However, in recent years, growing political will has emerged under the umbrella of Global Corporate Citizenship and related movements. This article posits that Global Corporate Citizenship is an opportunity to reframe and reform foreign …

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City As Prison: Negotiating Identity In The Urban Space In The Nineteenth-Century Novel, Anita Michelle Dubroc Jan 2009

City As Prison: Negotiating Identity In The Urban Space In The Nineteenth-Century Novel, Anita Michelle Dubroc

LSU Master's Theses

The primary goal of this thesis is to examine how the city is read in the works of four nineteenth-century authors: Charles Dickens’ Great Expectations (1860), Honoré de Balzac’s Le Père Goriot (1834), Fernán Caballero’s La Gaviota (1849), and Madame de Staël’s Corinne ou l’Italie (1807). They show the city not just as a setting, but as a character. At times, nineteenth-century urban life becomes so overwhelming to urban newcomers, that the geographical space and its society imprison residents. The nineteenth-century city was marked by change: industrialization, population shift from rural areas to urban capitals, and changes in political regime. …

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Why The Old Traditions Will Not Fail: Landscape, Legends, And The Construction Of Place At Dartmouth College, Charles H. Wade Jan 2009

Why The Old Traditions Will Not Fail: Landscape, Legends, And The Construction Of Place At Dartmouth College, Charles H. Wade

LSU Doctoral Dissertations

Dartmouth College, located in Hanover, New Hampshire, is one of the nine Colonial Colleges and a member of the exclusive Ivy League. Congregationalist minister Eleazar Wheelock founded Dartmouth in 1769 on the premise of training missionaries to Christianize the Indians of the region and, over the years, Dartmouth developed into a premier college. Dartmouth is famous for its traditions, its ardently loyal alumni, and as a classic New England liberal arts college. But this image does not correspond with a closer, more critical look at the College. Through both archival and ethnographic research, this dissertation examines the cultural landscape, folklore, …

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An Examination Of Louisiana Educational School Improvement Legislation, Policy Decisions, Initiatives, And Fiscal Expenditure From 1997 To 2005, Belinda Marie Cambre Jan 2009

An Examination Of Louisiana Educational School Improvement Legislation, Policy Decisions, Initiatives, And Fiscal Expenditure From 1997 To 2005, Belinda Marie Cambre

LSU Doctoral Dissertations

This study sought to identify major school improvement reform programs and initiatives in Louisiana during the period of 1997 to 2005. The criteria used to identify each program included: state funding that averaged at least $2 million per year in state funds; programs that affected teachers and students for school improvement purposes; and, programs that remained in place for at least two school years. The study ultimately yielded nine initiatives that met each of the above listed criteria. Some, but not all, were the result of the School and District Accountability Commission, which was established by Act 478, the 1997 …

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Strangers In The Postcolonial World, Thomas F. Halloran Jan 2009

Strangers In The Postcolonial World, Thomas F. Halloran

LSU Doctoral Dissertations

This dissertation analyzes American writing from and about the former British and French colonies in order to critique postcolonial theory and also to establish a new genre of expatriate literature. Focusing on the works of J. P. Donleavy, Edith Wharton, Paul Bowles, and Paul Theroux, I argue that reading these Americans disrupts the binary concepts encouraged by postcolonial theory. This project rethinks important dichotomies such as colonizer/colonized, center/margin, metropolis/margin, civilized/primitive, and white/non-white by examining the ambiguous American character in the postcolonial context. I argue that by categorizing the themes of American literature in the colonies, and analyzing the similarities and …

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Effect Of Group Aphasia Treatment On Word Retrieval Skills, Claire Renee Zimmerman Jan 2009

Effect Of Group Aphasia Treatment On Word Retrieval Skills, Claire Renee Zimmerman

LSU Master's Theses

ABSTRACT The present single subject study investigated the treatment effects of group aphasia treatment (GAT) on word retrieval skills. Two participants participated in 1.5 hours of GAT, two times a week for 17 sessions. Both participants demonstrated significant improvements in percent of correct responses, but theses gains were not maintained. Slight improvements were noted on the Boston Naming Test (BNT; Kaplan et al., 2001) in one participant, but not the other. Both participants demonstrated improvement in discourse as evidenced by percent correct information units (CIUs; Nicholas & Brookshire, 1993) and in functional communication abilities as evidenced by the ASHA Functional …

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The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa Jan 2009

The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa

Articles by Maurer Faculty

No abstract provided.

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Playing Forty Questions: Responding To Justice Roberts' Concerns In Caperton And Some Tentative Answers About Operationalizing Judicial Recusal And Due Process, Jeffrey W. Stempel Jan 2009

Playing Forty Questions: Responding To Justice Roberts' Concerns In Caperton And Some Tentative Answers About Operationalizing Judicial Recusal And Due Process, Jeffrey W. Stempel

Scholarly Works

The Chief Justice of the United States would probably have excelled as a negative debater in high school forensics competitions. Good negative debaters are, as my high school English teacher put it, “great point-pickers” in that they frequently challenge affirmative proposals with a series of “what if?” or “how about?” or “what would you do if?” questions designed to leave the affirmative resolution bleeding to death of a thousand cuts. Less charitable observers might call it nit-picking. After reading Chief Justice Roberts's dissenting opinion in Caperton v. A.T. Massey Coal Co., one can easily imagine him as a high school …

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La Storia Del Gatto Che Era Sia Vivo Che Morto, Valia Allori Jan 2009

La Storia Del Gatto Che Era Sia Vivo Che Morto, Valia Allori

Faculty Articles, Papers, and Other Scholarship

Questa è la breve storia , forse un poco romanzata, del gatto che, se non forse il più citato, è di sicuro il più bistrattato della storia della fisica e della filosofia: il gatto di Schrödinger.

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I Hear A City: A Picture Book For Three- Four- And Five-Year-Olds, Adam Schneider Jan 2009

I Hear A City: A Picture Book For Three- Four- And Five-Year-Olds, Adam Schneider

Graduate Student Independent Studies

I Hear A City is an original children's book that delineates the daily routines of a city and the people who live within it. The book is designed to be read with three- four- and five-year-olds because its content corresponds with that age group's interests and their desire to understand their surroundings. I Hear A City recounts the story of the life of a city and the universal routines that exist there. The ideas and events expressed within the book are basic and relate to young children. The life and activities of a city and its inhabitants are integrated and …

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Beyond Mediation: Thinking The Computer Otherwise, David J. Gunkel Jan 2009

Beyond Mediation: Thinking The Computer Otherwise, David J. Gunkel

Faculty Articles, Papers, and Other Scholarship

Whatever Media Studies 2.0 involves, one thing is certain, there is a need to confront and deal with new technologies, most notably computers and computer networks. Despite the fact that the discipline has largely marginalized these innovations, there has been some effort to incorporate the computer into both the theories and practices of media studies. This has been accomplished, at least in the United States, through the development of what is now called computer-mediated communication (CMC). CMC, which effectively understands the computer as a medium of human communication, does not necessarily institute a significant paradigm shift in media studies but …

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Immunity And Justice For All: Has The Second Circuit Overextended The Doctrine Of Absolute Immunity By Applying It To Arbitration Witnesses, W. Monroe Bonnheim Jan 2009

Immunity And Justice For All: Has The Second Circuit Overextended The Doctrine Of Absolute Immunity By Applying It To Arbitration Witnesses, W. Monroe Bonnheim

Journal of Dispute Resolution

In Rolon v. Henneman, the Second Circuit Court of Appeals considered whether absolute immunity should apply to witnesses in an arbitration proceeding. The common law doctrine of absolute immunity from civil liability for judges has a long pedigree dating back to English courts. When the United States Supreme Court reaffirmed the doctrine after Congress passed 42 U.S.C. § 1983, the Court cautioned against extending the doctrine beyond judges. Since then, however, the doctrine has been extended to prosecutors and witnesses at public trials, and more recently, to arbitrators and arbitral institutions. Whether absolute immunity should be further extended to witnesses …

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Expansion Of Arbitral Immunity: Is Absolute Immunity A Foregone Conclusion, The, Jenny Brown Jan 2009

Expansion Of Arbitral Immunity: Is Absolute Immunity A Foregone Conclusion, The, Jenny Brown

Journal of Dispute Resolution

With the increased use of arbitration in recent years, the concept of judicial immunity has expanded its scope to include arbitrators. As a result, states are currently enacting their own legislation regarding arbitrator immunity and are looking for guidance in how to do so. In response, the National Conference of Commissioners on State Laws has drafted two model acts, referred to as the Uniform Arbitration Act and the Revised Uniform Arbitration Act for states to utilize in formulating their own arbitration laws. Currently the Uniform Arbitration Act has been adopted in thirteen states and is being considered in four other …

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Honoring Margaret Berger With A Sensible Idea: Insisting That Judges Employ A Balancing Test Before Admitting The Accused's Convictions Under Federal Rule Of Evidence 609(A)(2), Aviva A. Orenstein Jan 2009

Honoring Margaret Berger With A Sensible Idea: Insisting That Judges Employ A Balancing Test Before Admitting The Accused's Convictions Under Federal Rule Of Evidence 609(A)(2), Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

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Understanding The Paradoxical Case Of The Voting Rights Act, Luis Fuentes-Rohwer Jan 2009

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. …

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Three Functions For The Fac̦Ade Of Wells Cathedral: Competition For The Bishopric, Liturgy And Processions, And Heavenly Jerusalem, Alexandra Leigh Pearson Jan 2009

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 …

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Change In Racial And Ethnic Classifications Is Here: Proposal To Address Race And Ethnic Ancestry Of Blacks For Affirmative Action Admissions Purposes, Kevin D. Brown Jan 2009

Change In Racial And Ethnic Classifications Is Here: Proposal To Address Race And Ethnic Ancestry Of Blacks For Affirmative Action Admissions Purposes, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

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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 Jan 2009

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 …

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African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Kevin D. Brown, Russell J. Skiba, Suzanne E. Eckes Jan 2009

African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Kevin D. Brown, Russell J. Skiba, Suzanne E. Eckes

Articles by Maurer Faculty

No abstract provided.

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Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft Jan 2009

Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft

Articles by Maurer Faculty

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

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Herminie A Performer's Guide To Hector Berlioz's Prix De Rome Cantata, Rosella Lucille Ewing Jan 2009

Herminie A Performer's Guide To Hector Berlioz's Prix De Rome Cantata, Rosella Lucille Ewing

LSU Doctoral Dissertations

Herminie (1828) is a secular cantata which Hector Berlioz composed for the Prix de Rome competition on a libretto by Pierre-Ange Vieillard de Boismartin. This document begins by placing the composition of Herminie within the biographical context of Berlioz’s life and musical output. It outlines the early education of Berlioz and discusses significant individuals and events which influenced his compositional style, as well as the rules, prizes, and expectations of the Prix de Rome competition. A discussion of the cantata libretto follows, including a comparison with the source of the text, the poem Gerusalemme liberata. Included in this discussion is …

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Predicting Performance On High Stakes Testing: Validity And Accuracy Of Curriculum-Based Measurement Of Reading And Writing, Marie Young Henderson Jan 2009

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 …

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