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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 …

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 …

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 …

The Passion Over Perpetua: A New Approach To The Passio Perpetuae Et Felicitatis, Eric Poche

LSU Master's Theses

Although the Passio Santarum Perpetuae et Felicitatis has received much scholarly attention in the past twenty years, it has been used primarily as a source of information on the martyr Perpetua. Other aspects of the account, such as its Montanist theology and its unique portrayal of women have been largely ignored by scholars interested in tearing it apart for relavent information on Perpetua. The Passio contains three distinct portions, each produced by a member from the religious community of Carthage in the early third-century C.E. It therefore serves as a unique historical window into early Christian North Africa, displaying a …

The Bill Of Rights And The States Revisited After Heller, Michael Kent Curtis

UC Law Journal

In this Article, Professor Curtis discusses textual and historical support for application of the Bill of Rights to the States, the mess the Supreme Court made of application in its early cases, and the implication of application for the right to bear arms. Finally, he notes the likely irony of application of the Second Amendment to the states by "conservative" Justices. Application will be ironic in light of harsh past criticism of application by so many who characterized themselves as "conservative." After application, the emerging and very difficult issue will be the deference the Court gives to state and local …

The Procedural Annihilation Of Structural Rights, Steven G. Gey

UC Law Journal

For several years, the Supreme Court has been systematically erecting obstacles to the litigation of constitutional claims in federal court. Although this trend toward limiting federal court authority affects all types of constitutional claims, including those involving traditional individual constitutional rights, the most serious effect is on what can be called "structural rights." The term "structural rights" describes constitutional provisions that are designed to protect the basic nature of democratic government. These provisions constrain the power of the elected branches of government, preserve citizen autonomy, and otherwise ensure that political winners in the democratic process do not use their power …

The Effects Of Visual Representations On Teacher Training Of Phonological Awareness Principles, Rachel Kennedy Powell

LSU Doctoral Dissertations

Teachers are now being held to high accountability standards in reading instruction, yet studies show that teachers lack adequate knowledge in reading and phonological awareness principles (Moats, 1994, 2009; Spencer, Schuele, Guillot, & Lee, 2008). The purpose of this study was to determine the effects of visual representations of letter/sound production (i.e., Phonic Faces, Norris, 2001) on improving teacher knowledge of phonological awareness principles, and to determine if there is a concomitant improvement in phonological awareness and reading acquisition for children in those classrooms. Seventeen kindergarten teachers from a Mississippi school were pretested on phonological awareness principles, then divided into …

Language Sample Length Effectiveness In Diagnosing Delays Of Language Development, Carmen Anderson

Undergraduate Theses and Senior Projects

No abstract provided.

A Sense Of Community And Community Change: An Ethnographic Study Of A Contemporary Louisiana Juke Joint As It Compares To Historical Literature On The Subject, Kristopher Ian Debnam

LSU Master's Theses

The rural juke joint is a phenomenon that has been mentioned quite frequently in literature pertaining to blues music, but has not received the amount of scholarly attention that it deserves. This social institution is an integral part of the Mississippi Delta’s cultural landscape. Over time, it has developed a dual reputation as a fun place for weekend entertainment, and also a dangerous place for sin and vice. Using qualitative methods, this thesis explores a modern-day juke joint located in Waterproof, Louisiana, a small town in the northeast part of the state. It is the goal of this research to …

Culture And Persuasion Online: Predicting Attitudes, Cognitions, And Behavioral Intentions In A Culturally Diverse Online Marketplace, Gennadi Gevorgyan

LSU Doctoral Dissertations

With an online experiment and a focus group, I examined the role of cultural appeals in online persuasive communication. The results of the study revealed that culturally oriented Web sites and online advertisements influence individual attitudes and behavioral intentions. These effects were particularly strong when cultural appeals were consistent across advertisements and their hosting Web sites. I observed the main effect of culture on persuasiveness of Web sites and advertisements both the American and the Chinese samples of participants. The results of the study did not, however, support the expectation that ethnic identity and need for cognition would interact with …

Prioritization Of Safety Countermeasures For The State Of Louisiana Using Fuzzy Inference Systems, Meisam Akbarzadeh

LSU Master's Theses

In this study a fuzzy inference system is proposed for prioritization of countermeasures aimed at improving safety in the state of Louisiana. Countermeasures are prioritized based on their collective performance on cost, expected crash reduction and the severity of the problem they address. These three decision parameters can have six permutations in terms of their relative importance in decision making. In order to make the prioritization procedure handier for decision makers, the inference system is capable of being run under all six possible cases. Current safety standards influence the importance attached to crash reduction performance and severity of the problem …

Comorbid Psychopathology In Individuals With Autism Spectrum Disorders And Intellectual Disabilities, Santino Vincent Lovullo

LSU Master's Theses

While there has been an abundance of research investigating Autism Spectrum Disorders (ASD) in children, very little emphasis has been placed on ASD in adults, especially in regards to comorbid psychopathology. This is of great concern considering that ASD often co-occurs with intellectual disability (ID), and that both may serve as risk factors for additional psychopathology. While instruments exist that measure comorbid psychopathology in adults with ID, these scales are not targeted to the unique expression of comorbidity in adults with ID and ASD. The Autism Spectrum Disorders-Comorbidity for Adults (ASD-CA) was devised for this reason. This paper begins with …

"It Takes A Lot Out Of You": Ethnography Of Secondary English Teachers' Writing Pedagogy, Lisa F. Morales

LSU Doctoral Dissertations

This study was conducted in two case-study teachers’ public middle school classrooms in south Louisiana and a survey in three public school districts. A qualitative research focus with the research design taken from work of Michael Patton’s (2002) Qualitative Research Evaluation Methods and James Spradley and David McCurdy’s (1975) Anthropology: The Cultural Perspective. The survey was developed from the work of Tourangeau, Rips, and Rasinski’s (2002) The Psychology of Survey Responses. The researcher assumed the role of participant observer for three months which resulted in two themes: first, traditional teaching methods in the teaching of writing, and secondly, teacher perceptions …

The Organization In Front Of The Text : A Critical Hermeneutic Inquiry In Employee Policy Appropriation, Marisa B. Michaels

Doctoral Dissertations

unavailable

Plain Language Patents, Robin Feldman

Faculty Scholarship

No abstract provided.

Sialic Acid Conjugated Chitosan For The Attenuation Of Amyloid-Beta Toxicity, Dhruva Dilip Dhavale

LSU Master's Theses

Amyloid-beta (Aβ), a 39 to 43 amino acid long peptide, is the primary species identified in senile plaques associated with Alzheimer’s disease (AD) and has been implicated in the neurotoxicity associated with AD. It is believed that Aβ toxicity is mediated through the interaction with neuronal membranes. A variety of evidence indicates that 1) Aβ may bind to the cell surface sialic acids, 2) the affinity of this interaction is higher if the gangliosides or sialic acids on the cell surface are clustered, 3) the removal of the surface sialic acids attenuate Aβ toxicity. Based on this data, we hypothesized …

Paraprofessionals Who Work With Elementary Grade Students With Significant Disabilities In Inclusive Settings, Regina Moreno

Dissertations and Theses

The use of paraprofessional services is an established and crucial aspect in the pursuit of a free and appropriate public education for students with disabilities. Paraprofessionals are often the primary providers of instruction for students with severe disabilities yet are the least trained instructional personnel in schools. Identified competencies and necessary training content for paraprofessionals who serve students with severe disabilities are nearly absent in the professional literature.

This study extended the current literature regarding paraprofessionals who serve students with disabilities in public schools by focusing specifically on those paraprofessionals who serve students with severe disabilities in inclusive general education …

The Empire Sings Back: Aesthetics, Politics, And Postcolonial Whimsy, Namita Goswami

Contemporary Aesthetics (Journal Archive)

This essay recovers the devalued aesthetic dimension of the Bollywood film/song from its political over-determination as national allegory. The qualities attributed to the film/song, such as effeminacy, irrationality, fantasy, and non-synchronicity, which I term its postcolonial whimsy, and its surplus value as the Bollywood film’s most transnational component, allow for the free play of the imagination. This admits the possibility of another performative public culture and imagined community not premised on exploitation, calculability, and passive spectatorship and consumption. The film/song enables affect without literal linguistic comprehension, especially among those unfamiliar with the indigenous languages and musical traditions. What is derided …

Raps Sheet, January 2009, Retirement Association Of Portland State

RAPS Sheet: Monthly Newsletter

No abstract provided.

Past Tense, 2009, Retired Association Of Portland State

Past Tense columns of the RAPS Sheet

January, 2009 "Epler's legacy: 'Friday Night Lite' on the plains"

February, 2009 "ESL program booms at Portland State"

March, 2009 "'The Portland Review' is founded in 1956"

April, 2009 "Gordon Solie begins long career in 1960"

May, 2009 "School of Social Work established in 1960"

June, 2009 "Speech and Hearing gets its start in 1956"

September, 2009 "A Winning Tradition Ends"

November, 2009 "Sheridan Ends on a High Note"

December, 2009 "President Joseph C. Blumel"

Character Strengths And Virtues Of Young Internationally Adopted Chinese Children: A Longitudinal Study From Preschool To School Age, Troy Loker

USF Tampa Graduate Theses and Dissertations

Shifting from traditional deficit-based psychological research, the current study aimed to broaden the understanding of post-adoption development through a strength-based approach and further explore the recently developed Values in Action (VIA) Classification of Character Strengths among a particularly resilient population of young children-internationally adopted Chinese children. Archival longitudinal data of parents' descriptions about their adopted Chinese children's positive characteristics were analyzed from two time points two years apart. Data on 179 children ages 4 - 5 years old (M = 59.67 months SD = 6.60 months) in Time 1 from 172 families were analyzed with content analysis coding procedures.

Overall, …

“Desirable Images”: Sexual Mapping In William S. Burroughs’S Naked Lunch And Samuel R. Delany’S Dhalgren, Patrick Mcgowan

USF Tampa Graduate Theses and Dissertations

In "Postmodernism, or, the Cultural Logic of Late Capitalism," Fredric Jameson describes the disappearance, within postmodernism, of an objective framework for mapping the social totality. In order to illustrate this concept, Jameson draws upon the ideas of urban planner Kevin Lynch as formulated in his seminal work, The Image of the City. For Lynch, the design of the postwar alienated city results in varying and fragmentary "cognitive maps" used by its inhabitants to negotiate urban space, a problem that can be rectified by "good" urban planning, which aims to create mappable public space through the implementation of external orientation markers. …

The Morphological Complexity Of Spelling, Ages 8 To 15 Years, Courtney R. Mossing

USF Tampa Graduate Theses and Dissertations

Learning to spell requires integration of phonological, orthographic, and morphological knowledge. Historically, spelling development has been characterized by linear stages in which children learn to use these knowledge bases in succession. A more recent view challenges the linearity of this approach and proposes that spelling development from the beginning is characterized by the simultaneous interaction of all three linguistic factors. Minimal research exists that qualitatively investigates the integration of these three factors, especially as noted in derivational morphology. The study's purpose was to investigate spelling accuracy and qualitatively analyze the morphological error patterns of typically developing children, ages 8-15 years, …

An Explanatory Examination Of Relationships Between Measures Of School And Student Socioeconomic Status And Reading And Math Achievement Of Hispanic Limited English Proficient (Lep) High School Students, Osvaldo Piedra

USF Tampa Graduate Theses and Dissertations

Hispanics are the largest and fastest growing minority population in the U.S. requiring limited English proficiency services (Guglielmi, 2008). Many schools and school districts place heavy emphasis on high stakes testing. The No Child Left Behind (NCLB) Act of 2001 requires all children to have access to a fair, equal, and high-quality education. Many schools and school districts focus on individual students to show grade level performance for small populations such as limited English proficient (LEP) students. The purpose of this study was to examine the question, "What was the relationship between measures of school and student socioeconomic status, and …

What Happens To Class When A Language Dies? Language Change Vs. Language Death, George Tucker Childs

Applied Linguistics Faculty Publications and Presentations

This paper presents the first documentation of the noun class system of the dying language Mani (buy), Bullom So in Ethnologue, a.k.a. Mmani, Mandenyi, etc. spoken in Guinea and Sierra Leone. Mani has some few hundred speakers, all of whom speak either Soso (sus) or Temne (tem) as their everyday language. The Mani are concentrated in a restricted coastal area straddling the border between Guinea and Sierra Leone near the town of Morebaya, Kambia District, in Sierra Leone. A few other speakers are scattered in the littoral region from Conakry to Freetown.

Practices For Dispreferred Responses Using "No" By A Learner Of English, John Hellermann

Applied Linguistics Faculty Publications and Presentations

Responding in a manner that does not align with an action or affiliate with a stance implicated in just prior talk is potentially sensitive work. Conversation Analysis (CA) has shown that participants orient to the sensitive nature of sequences of talk used to project responses that do not align, or, are dispreferred (Pomerantz 1984) in some way. This paper examines such responses, especially with the use of no tokens. The talk comes from the interactions of one adult learner of English in a language learning classroom over the course of five ten-week terms. The findings show that the participant’s use …

Let's Speak Bom! The First Bom Primer: A Graphic Introduction To The Bom Language Of Sierra Leone, Hannah Sarvasy, George Tucker Childs

Applied Linguistics Faculty Publications and Presentations

A graphic introduction to the Bom language of Sierra Leone, based on the stories of Bom community elders. Compiled and illustrated by Hannah Sarvasy, with editorial assistance from Tucker Childs.

Cultural Response To Totalitarianism In Select Movies Produced In Czechoslovakia, Hungary And Poland Between 1956 And 1989, Kazimierz Robak

USF Tampa Graduate Theses and Dissertations

This study examines resistance against totalitarian propaganda in select movies produced in regions subjected to Soviet-imposed totalitarian system. From 1939 to the collapse of the Soviet Union in 1991, Central-Eastern Europe has experienced two of the most devastating and genocidal political systems in the history of the humankind. Nazism was destroyed with the end of WWII, and met widespread condemnation. Sovietism, commonly known as Communism, survived WWII and the Soviet totalitarian empire rose to the position of the world's second superpower. Effective and organized Soviet propaganda generated a new convincing image of Sovietism as a harmless, friendly and progressive system. …

The Effects Of Processing Instruction, Structured Input, And Visual Input Enhancement On The Acquisition Of The Subjunctive In Adjectival Clauses By Intermediate-Level Distance Learners Of Spanish, Victoria Russell

USF Tampa Graduate Theses and Dissertations

This study investigated the effects of processing instruction (PI) on the acquisition of the subjunctive in adjectival clauses by 92 intermediate-level distance learners of Spanish. PI is a novel instructional technique that is based on VanPatten's principles of input processing (1993, 1996, 2002, 2004), and it has three key components: (a) an explicit explanation of grammar that is not paradigmatic, (b) information on processing strategies, and (c) structured input tasks and activities. Structured input activities were isolated and combined with computerized visual input enhancement (VIE) in an attempt to increase the salience of targeted grammatical forms for web based delivery. …

Esl Placement And Schools: Effect On Immigrant Achievement, Rebecca Callahan, Lindsey Wilkinson, Chandra Muller, Michelle Frisco

Sociology Faculty Publications and Presentations

In this study, the authors explore English as a Second Language (ESL) placement as a measure of how schools label and process immigrant students. Using propensity score matching and data from the Adolescent Health and Academic Achievement Study and the National Longitudinal Study of Adolescent Health, the authors estimate the effect of ESL placement on immigrant achievement. In schools with more immigrant students, the authors find that ESL placement results in higher levels of academic performance; in schools with few immigrant students, the effect reverses. This is not to suggest a one-size-fits-all policy; many immigrant students, regardless of school composition, …