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Seasonal Growth And Shading Potential Of Sugarcane (Saccharum Spp. Hybrids) And Shade Response Of Perennial Weeds, Mariana Ferreira Bittencourt

LSU Master's Theses

Seasonal growth characteristics and shading ability of six sugarcane varieties were compared during the second production year. For each variety, trend analysis of data showed a significant linear trend. Differences in shoot emergence among the varieties were observed beginning in early April and as the season progressed, shoot production and shoot height increased for ‘L 97-128’, ‘Ho 95-988’, ‘L 99-226’, and ‘L 99-233’ but lagged for ‘HoCP 96-540’ and ‘LCP 85-384’. Beginning in mid-April ground cover increased most rapidly for L 99-233. In late May ground cover was around 60% for LCP 85-384 and HoCP 96-540; around 70% for L …

Family Leisure Satisfaction And Satisfaction With Family Life, Joel R. Agate, Ramon B. Zabriskie, Sarah Taylor Agate, Raymond Poff

Faculty Publications

The purpose of this study was to examine the relationship between family leisure satisfaction and satisfaction with family life. Zabriskie’s Family Leisure Activity Profile was used to measure family leisure satisfaction. The Satisfaction with Family Life Scale was used to measure satisfaction with family life. The sample consisted of 898 families from throughout the United States. Results indicated a relationship between all family leisure satisfaction variables and satisfaction with family life. Data collected from parents and youth provided insight into the relationship between family leisure satisfaction and satisfaction with family life. At the parent, youth, and family levels, core family …

Virginia Public School Superintendents’ Perceptions Of The Leadership Practices Utilized To Lead Urban, Rural, And Suburban School Divisions, Brian P. Fellows

Theses and Dissertations

The purpose of this study was to determine if there were differences in the perceptions of the leadership practices utilized by Virginia superintendents in rural, urban, and suburban school divisions. Never before in the history of public education has the spotlight shone so brightly on the field of public education. The federal government seeks guarantees that every child is being educated based on a minimum level of standards and that every school in the country is making annual progress. In this era of accountability, school systems, superintendents, principals, and teachers across Virginia are under immense pressure to have their individual …

The Diverging Meaning Of Good Faith, Mark J. Loewenstein

Publications

This article explores the meaning of "good faith" in the context of corporations and unincorporated entities. The courts, particularly in Delaware, have developed two different approaches. In the corporate arena, the courts are fashioning a notion of good faith that seems to require an examination of director motivations. In the unincorporated arena, good faith has a meaning grounded in contract law. These are two different concepts and reflect the fundamental differences between corporations and unincorporated entities, with the former based on fiduciary duties and the latter on contract. There are, however, indications that this "divergence" is starting to disappear, and …

Researching Colorado Local Government Law, Robert M. Linz

Publications

No abstract provided.

If It Is Broken, Then Fix It: Needed Reforms To Employment Discrimination Law: 2009 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Melissa Hart, Minna Kotkin, Roberto Corrada, Deborah Widiss

Publications

No abstract provided.

The Courts Under President Obama, Scott A. Moss

Publications

No abstract provided.

The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding

Publications

This Article will appear in a May 2009 symposium issue of the Florida International University Law Review on the global financial crisis. This Article argues that the current global financial crisis, which was first called the “subprime crisis,” demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is …

Code, Crash, And Open Source: The Outsourcing Of Financial Regulation To Risk Models And The Global Financial Crisis, Erik F. Gerding

Publications

The widespread use of computer-based risk models in the financial industry during the last two decades enabled the marketing of more complex financial products to consumers, the growth of securitization and derivatives, and the development of sophisticated risk-management strategies by financial institutions. Over this same period, regulators increasingly delegated or outsourced vast responsibility for regulating risk in both consumer finance and financial markets to these privately owned industry models. Proprietary risk models of financial institutions thus came to serve as a "new financial code" that regulated transfers of risk among consumers, financial institutions, and investors.

The spectacular failure of financial-industry …

In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey

Publications

After the September 11 terrorist attacks, the Justice Department detained scores of allegedly suspicious persons under a federal material witness statute--a tactic that provoked a great deal of controversy. Most critics assume that the abuse of material witness laws is a new development. Yet, rather than being transformed by the War on Terror, the detention of material witnesses is a coercive strategy that police officers across the nation have used since the nineteenth century to build cases against suspects. Fears of extraordinary violence or social breakdown played at most an indirect role in its advent and growth. Rather, it has …

Colorado V. Connelly: What Really Happened, William T. Pizzi

Publications

In 1986, the Supreme Court decided Colorado v. Connelly, a landmark case in due process and fifth amendment law. The case began when Francis Barry Connelly approached a police officer on the street in downtown Denver to confess to having killed a young woman several months earlier in southwest Denver. Because Connelly was suffering from acute schizophrenia and was hearing auditory hallucinations commanding him to confess, state courts suppressed his statements to the police on the grounds (1) that his statements before arrest were involuntary and inadmissible under the due process clause and (2) those statements post-arrest could not …

Constraining Public Employee Speech: Government's Control Of Its Workers' Speech To Protect Its Own Expression, Helen Norton

Publications

This Article identifies a key doctrinal shift in courts' treatment of public employees' First Amendment claims--a shift that imperils the public's interest in transparent government as well as the free speech rights of more than twenty million government workers. In the past, courts interpreted the First Amendment to permit governmental discipline of public employee speech on matters of public interest only when such speech undermined the government employer's interest in efficiently providing public services. In contrast, courts now increasingly focus on--and defer to--government's claim to control its workers' expression to protect its own speech.

More specifically, courts increasingly permit government …

Institutional Design, Fcc Reform, And The Hidden Side Of The Administrative State, Philip J. Weiser

Publications

Legal scholars have long recognized the importance of the modern administrative state, focusing intently both on the substance of regulatory law and the process of administrative law. Neither focus, however, recognizes the importance of institutional design and institutional processes as determinants of the nature and shape of administrative regulation. The era of neglect towards institutional analysis by both scholars and policymakers may well be on its last legs, as it is increasingly clear that the institutional processes used by regulatory agencies - including when to act by rulemaking as opposed to by adjudication, how to engage the public, and how …

The Internet's Public Domain: Access To Government Information On The Internet, Susan Nevelow Mart

Publications

This article surveys the types and amounts of information that have been removed from the Internet since September 11th. Information has been removed in the name of national security as well as for reasons of seeming political expediency. After discussing the bases of some of the rationales for removing the information, and the legal underpinnings of continued access, the article suggests several forms of advocacy that could be used to return the information to the public's domain.

Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Cuison Villazor

Publications

No abstract provided.

Big, Bad, Black And Gay: Overcoming The Shackles Of The Socially Constructed Black Masculine, Scott Skinner-Thompson

Publications

No abstract provided.

Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks

Faculty Publications

No abstract provided.

Constitutional Displacement, Timothy Zick

Faculty Publications

This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …

How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins

Faculty Publications

More than twenty-one years after Robert Bork's failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states are poised to outlaw abortion and that Roe v. Wade is vulnerable to overruling. In this Essay, I will debunk those claims. First, I will explain how Casey's approval of limited abortion rights reflected an emerging national consensus in 1992. Second, I will explain why the Supreme Court is unlikely to risk political backlash by formally modifying Casey- either by restoring the trimester test …

The Rest Is Silence: Chevron Deference, Agency Jurisdiction, And Statutory Silences, Jonathan H. Adler, Nathan Alexander Sales

Faculty Publications

Should agencies receive Chevron deference when interpreting the reach of their own jurisdiction? This Article argues that, in general, they should not. The authors begin by identifying and detailing the various different types of “jurisdictional questions” that may arise in statutory interpretation. The Article then surveys how courts have analyzed these different aspects of the jurisdiction problem, with a particular attention directed to statutory silences. The Court’s Chevron jurisprudence strongly suggests that deference to agency determinations of their own jurisdiction should be disfavored, particularly where a statute is silent (and not merely ambiguous) about the existence of agency jurisdiction. In …

Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler

Faculty Publications

The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 2009 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in environmental cases. Reviewing the environmental law decisions of the Roberts Court to date reveals no evidence of a "pro-business" bias. This does not disprove the claim that the Roberts Court is pro-business, but it may suggest the need to refine conventional descriptions of the Roberts Court. The lack of a pro-business orientation in …

First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer

Faculty Publications

No abstract provided.

Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer

Faculty Publications

State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to …

Family Law For The Underclass: Underscoring Law's Ideological Function, David Ray Papke

Faculty Publications

This article underscores the manner in which family law for the contemporary underclass assumes a distinctly ideological function. Marriage promotion programs not only urge members of the underclass to marry but also deplore their declining commitment to marriage as an institution. "Deadbeat dad" legislation suggests the failure of underclass fathers to pay child support regularly and on time is a major cause of poverty in American life. Adoption law facilitates the placement of underclass children in middle and upper-class families, insisting in the process that this must surely be best for the children. Overall, family law for the underclass suggests …

Comparison Of Debriefing Methods Following Simulation, Shelly J. Reed, Patricia K. Ravert

Faculty Publications

The purpose of this study was to examine and compare the student nurse experience between three debriefing methods: oral discussion, journaling, and blogging.

Effects Of Oral Magnesium Supplementation On Insulin Resistance And Type 2 Diabetes Mellitus, Renea L. Beckstrand, Loandra Berg

Faculty Publications

The purpose of this study was to examine the relationship of magnesium levels related to insulin resistance and type 2 diabetes mellitus. Diabetes is a metabolic disease in which the body does not produce or correctly use insulin to maintain proper levels of glucose in the blood resulting in serious health consequences. Diabetes is a major factor in coronary heart disease, stroke as well as blindness, kidney failure, and non-traumatic amputations due to disruption of the microvascular system (Schulze & Hu, 2005). The Center for Disease Control reported in 2007: 23.6 million people in the United States (7.8% of the …

Life Experiences Of Women With Cerebral Palsy Who Have Experienced Mistreatment, Catherine Coverston, Donna S. Freeborn, Barbara L. Mandleco, Mary Ann Curry, Kathleen A. Knafl

Faculty Publications

The purpose of this study was to describe the life experiences of women with cerebral palsy who have experienced mistreatment and also describe how these women understand the meaning of their disability and mistreatment experiences relative to gender, culture, social class, and power.

The Incidence Of Postpartum Depression Among Hispanic Women, Renea L. Beckstrand, Ana C. Birkhead, Lynn Clark Callister, Nissa Lucero, Glauco Souza

Faculty Publications

There is a lack of sufficient knowledge concerning the prevalence of postpartum depression (PPD) among Hispanic women. The purpose of this quantitative descriptive study was to evaluate the incidence of PPD among Hispanic women.

Judicial Review, Local Values, And Pluralism, Richard W. Garnett

Journal Articles

At the Federalist Society's 2008 National Student Symposium, a panel of scholars was asked to consider the question, does pervasive judicial review threaten to destroy local identity by homogenizing community norms? The answer to this question is yes, pervasive judicial review certainly does threaten local identity, because such review can homogenize[e] community norms, either by dragging them into conformity with national, constitutional standards or (more controversially) by subordinating them to the reviewers' own commitments. It is important to recall, however, that while it is true that an important feature of our federalism is local variation in laws and values, it …

Does Free Exercise Of Religion Deserve Constitutional Mention?, John M. Finnis

Journal Articles

The article discusses the inclusion of the free exercise of religion among a society's constitutional guarantees in the U.S. It cites Christopher Eisgruber and Lawrence Sager, authors of the book "Religious Freedom and the Constitution," who hold that religion does not deserve constitutional mention on account of any special value. It disputes this view and states that religion does deserve constitutional mention and that the constitution should protect a citizen's right to practice his or her religion.