Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2009

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 53161 - 53190 of 56105

Full-Text Articles in Entire DC Network

The Mostly Unintended Effects Of Mandatory Penalties: Two Centuries Of Consistent Findings, Michael Tonry Jan 2009

The Mostly Unintended Effects Of Mandatory Penalties: Two Centuries Of Consistent Findings, Michael Tonry

Articles

No abstract provided.


Norval Morris's Contributions To Sentencing Structures, Theory, And Practice, Richard Frase Jan 2009

Norval Morris's Contributions To Sentencing Structures, Theory, And Practice, Richard Frase

Articles

No abstract provided.


The Untold Story Of America's First Sentencing Commission, Michael Tonry Jan 2009

The Untold Story Of America's First Sentencing Commission, Michael Tonry

Articles

No abstract provided.


So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland Jan 2009

So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland

Articles

No abstract provided.


Coordinating Cross-Border Bankruptcy: How Territorialism Saves Universalism, Edward Adams, Jason Fincke Jan 2009

Coordinating Cross-Border Bankruptcy: How Territorialism Saves Universalism, Edward Adams, Jason Fincke

Articles

This article explores the difficulties of coordinating cross-border bankruptcies. These difficulties arise from the lack of a binding set of uniform international rules, forcing multinational businesses to look to domestic laws for guidance. The problem is that without coordinated, concurrent insolvency proceedings, an effective reorganization of a multinational corporation is impossible because a multitude of separate judgments ultimately leads to the dismemberment of a debtor's estate.To address this challenge, an increasing number of countries – including the United States and several European countries such as Germany, Poland, Romania, Spain, and the United Kingdom – have enacted a Model Law on …


A Missed Opportunity: Minnesota's Failed Experiment With Choice-Based Integration, Margaret Hobday, Geneva Finn, Myron Orfield Jan 2009

A Missed Opportunity: Minnesota's Failed Experiment With Choice-Based Integration, Margaret Hobday, Geneva Finn, Myron Orfield

Articles

No abstract provided.


Gendering The Declaration, Fionnuala Ní Aoláin Jan 2009

Gendering The Declaration, Fionnuala Ní Aoláin

Articles

As the Universal Declaration on Human Rights celebrates its sixtieth anniversary this article examines the gendered foundations of the document. Drawing on its drafting history the article concludes that despite considerable advances contained within it the document has many limitations. Over the years, greater attention has been focused on the ways in which the Universal Declaration has advanced claims for gender equality. As the document's influence and status have magnified, its gendered boundaries are in plainer sight. Moreover, as feminists have systematically exposed the entrenched biases of international law, the Universal Declaration does not emerge from scrutiny unscathed. This article …


Stability And Change In International Customary Law, Vincy Fon, Francesco Parisi Jan 2009

Stability And Change In International Customary Law, Vincy Fon, Francesco Parisi

Articles

No abstract provided.


Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer Jan 2009

Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer

Articles

The modern empirical legal studies movement has well-known antecedents in the law and society and law and economics traditions of the latter half of the 20th century. Less well known is the body of empirical research on legal phenomena from the period prior to World War II. This paper is an extensive bibliographic essay that surveys the English language empirical legal research from approximately 1940 and earlier. The essay is arranged around the themes in the research: criminal justice, civil justice (general studies of civil litigation, auto accident litigation and compensation, divorce, small claims, jurisdiction and procedure, civil juries), debt …


Carbon Capture And Sequestration: Identifying And Managing Risks, Alexandra B. Klass, Elizabeth J. Wilson Jan 2009

Carbon Capture And Sequestration: Identifying And Managing Risks, Alexandra B. Klass, Elizabeth J. Wilson

Articles

Carbon capture and geologic sequestration (CCS) technology promises to provide deep emissions cuts, particularly from coal power generation, but deploying CCS creates risks of its own. This article first considers the risks associated with CCS, which involves capturing CO{sub 2} emissions from industrial sources and power plants, transporting the CO{sub 2} by pipeline, and injecting it underground for permanent sequestration. The article then suggests ways in which these risks can be minimized and managed and considers more broadly when or if CCS should be deployed or whether its use should be limited or rejected in favor of other solutions.


Protecting Them From Themselves: The Persistence Of Mutual Benefits Arguments For Sex And Race Inequality, Jill Elaine Hasday Jan 2009

Protecting Them From Themselves: The Persistence Of Mutual Benefits Arguments For Sex And Race Inequality, Jill Elaine Hasday

Articles

Defenders of sex and race inequality often contend that women and people of color are better off with fewer rights and opportunities. This claim straddles substantive debates that are rarely considered together, linking such seemingly disparate disputes as the struggles over race-based affirmative action, antiabortion laws, and marital rape exemptions. The argument posits that women and people of color attempting to secure expanded rights and opportunities do not understand their own best interests and do not realize that they benefit from limits on their prerogatives and choices. Indeed, proponents of this argument insist that restricting the rights and opportunities available …


Bargaining In The Shadow Of The Lawsuit: A Social Norms Theory Of Incomplete Contracts, Claire Hill Jan 2009

Bargaining In The Shadow Of The Lawsuit: A Social Norms Theory Of Incomplete Contracts, Claire Hill

Articles

Complex business contracts are notoriously difficult to write and read. Certainly, when litigation arises, courts scarcely have an easy time interpreting them. Indeed, contracts don't look at all as though they are written to tell a court what the parties want. Why can't smart, well-motivated lawyers do a better job? My article argues that they rationally don't try. I argue for a view of contracting in which parties aren't principally trying to set forth an agreement for a court to enforce. Rather, by leaving inartful language and ambiguity in the agreement, parties are bonding themselves not to seek precipitous recourse …


Women, Security, And The Patriarchy Of Internationalized Transitional Justice, Fionnuala Ní Aoláin Jan 2009

Women, Security, And The Patriarchy Of Internationalized Transitional Justice, Fionnuala Ní Aoláin

Articles

In the contemporary global context, transition from conflict to peace and from authoritarian to democratic governance is a critical preoccupation of many states, particularly the United States. In these contexts, accountability for the abuses committed by prior regimes has been a priority for international institutions, states and new governments. Equally, transitional justice goals have expanded to include fashioning new domestic political and legal institutions and a broad range of structural reform in multiple spheres. Whether an expanded or contracted transitional justice paradigm is used to define the perimeters of change, gender concerns have been markedly absent across political contexts and …


The Modern Law Of Corporate Groups: An Empirical Study Of Piercing The Corporate Veil In The Parent-Subsidiary Context, John H. Matheson Jan 2009

The Modern Law Of Corporate Groups: An Empirical Study Of Piercing The Corporate Veil In The Parent-Subsidiary Context, John H. Matheson

Articles

Today, massive corporations – both national and international – dominate financial and commercial activities, exercising enormous economic power. The standard organizational structure for these businesses has a parent corporation as the sole shareholder of multiple, separately incorporated operating subsidiaries (or layers of subsidiaries) in a corporate group. One particular application of the law of corporate groups entails dealing with the ramifications of subsidiary insolvency. Given the massive financial assets of many multinational parent corporations, actions to ignore the legal separateness of a corporate subsidiary of a parent company offer some of the biggest potential payoffs for claimants. In today's global …


A Traditionalist Case For Gay Marriage, Dale Carpenter Jan 2009

A Traditionalist Case For Gay Marriage, Dale Carpenter

Articles

I will present here the outline of an argument for same-sex marriage within a particular school of conservatism. Let's call it traditionalism or Burkeanism, after the eighteenth century British statesman and writer Edmund Burke. It is important, I think, to note at the outset what I am not talking about. I am not talking about libertarianism. It is not economic conservatism. It is not neo-conservatism. It is not religious conservatism. And it is not compassionate conservatism.


Ross And Olivecrona On Rights, Brian H. Bix Jan 2009

Ross And Olivecrona On Rights, Brian H. Bix

Articles

Scandinavian legal realism was a movement of the early and middle decades of the 20th century, which paralleled the American legal realist movement, while presenting a more skeptical challenge to legal reasoning and discourse. The present paper was written for a forthcoming Oxford University Press collection on the Scandinavian realists. The approach to jurisprudence of Scandinavian realists Alf Ross and Karl Olivecrona was simultaneously simple and radical: they wanted to rid our thinking about law of all the mystifying references to abstract concepts and metaphysical entities. This paper offers a critical overview of Ross's and Olivecrona's views on legal rights, …


Staying Alive: Public Interest Law In Contemporary Latin America, Stephen Meili Jan 2009

Staying Alive: Public Interest Law In Contemporary Latin America, Stephen Meili

Articles

This paper explores the current state of public interest lawyering in three Latin American countries: Argentina, Brazil and Chile. Based on a series of open-ended interviews with lawyers, judges and social movement activists, it compares public interest lawyering in these countries now with how it was practiced when the author interviewed some of the same individuals in the early to mid 1990s. Its analysis is set within the context of important geopolitical and socio-legal phenomena: the current global economic crisis and the judicialization of politics and constitutionalization of rights that has swept across the region over the past two decades. …


Assessing Linkages Between Petroleum Platforms And Pelagic Fishes Using Telemetry With Emphasis On Blue Runner (Caranx Crysos), Harmon Brown Jan 2009

Assessing Linkages Between Petroleum Platforms And Pelagic Fishes Using Telemetry With Emphasis On Blue Runner (Caranx Crysos), Harmon Brown

LSU Doctoral Dissertations

Petroleum platforms number greater than 4,200 in the Gulf of Mexico and Caranx crysos (blue runner) is one of the most abundant fish species around these platforms. Forty-six blue runner were tagged with acoustical transmitters in August 2005, though the study was terminated prematurely due to the impending arrival of Hurricane Katrina. Nineteen blue runner were tagged in September 2006 and tracked for up to two months. Blue runner exhibited limited site fidelity around the platforms in 2005. The home range of twenty-three blue runner was calculated in 2005. A significant difference was found between the fork length of the …


Development And Operational Analysis Of Highway Alternating Merge Transition Zones, Wakeel Ishola, Anthony Idewu Jan 2009

Development And Operational Analysis Of Highway Alternating Merge Transition Zones, Wakeel Ishola, Anthony Idewu

LSU Doctoral Dissertations

The design and control of work zone traffic control areas is governed by standards published by the United States Department of Transportation (US-DOT) and documented in the Manual for Uniform Control Devices (MUTCD). While these configurations have evolved over time to reflect safer and more efficient management practices and have become familiar to drivers, they are also recognized as areas of vehicle conflict that can cause congestion and safety problems. As part of this research, a new design has been developed that has the potential to lessen the detrimental effects of lane closures in work zones. This new concept, known …


Synthesis And Characterization Of Transition Metal And Metal Oxide Nanoparticles Using Dendritic Complexes, Elisabeta Mitran Jan 2009

Synthesis And Characterization Of Transition Metal And Metal Oxide Nanoparticles Using Dendritic Complexes, Elisabeta Mitran

LSU Doctoral Dissertations

The research in this dissertation focuses on the synthesis and characterization of metal/metal oxide nanoparticles in solution and on surfaces with a high degree of control over size and size dispersity; such well-defined nanoparticles were made using metal ion-dendrimer complexes and silica-supported organometallic dendrimers. The metal oxide-based materials can be used as laboratory surrogates for combustion-generated nanoparticles to assess their role in mediating pollutant formation. Nickel nanoparticles with low size dispersity were prepared by a dendrimer-ligand-based method employing five generations amine-terminated poly(propylene imine) dendrimer, DAB-Amn. After coordination, borohydride reduction of Ni(II) ion-dendrimer complexes yielded Ni(0) nanoparticles, as determined by X-ray …


Entrepreneurial Learning In Project Ventures: Implications Of Prior Venture Experience For Error Avoidance, Innovation, And Project Performance, Yves Damoiseau Jan 2009

Entrepreneurial Learning In Project Ventures: Implications Of Prior Venture Experience For Error Avoidance, Innovation, And Project Performance, Yves Damoiseau

LSU Doctoral Dissertations

This dissertation builds on the organizational learning literature to develop and test a model of entrepreneurial learning in an increasingly prevalent organizational context – project ventures. Complementing prior research on project ventures, the focus is on the individual in charge of project venture execution. In extension of prior organizational learning research, this study examines the cross-level relationships between sub-dimensions of the entrepreneur’s prior venture experience and project-level learning outcomes. Specifically, this study investigates how the entrepreneur’s depth and breadth of experience affect three project-level outcomes: errors in project execution, novelty of project outcomes, and financial project performance. Testing the theory-based …


Quantitative Macro- And Microscale Methods For Characterizing Cell Viability, Julianne Forman Audiffred Jan 2009

Quantitative Macro- And Microscale Methods For Characterizing Cell Viability, Julianne Forman Audiffred

LSU Doctoral Dissertations

The goal of this study is to combine molecular and microdevice methods to characterize and quantify viability of single mammalian cells. Fluorescent-based assays were optimized for adherent HeLa and suspension Jurkat cells and were used as a tool for validation of a microfabricated diagnostic device. Cell and substrate/surface interactions were considered for designing a microfluidic device that can be used to characterize cell viability for quantitative biomedical and cell biology applications, which require label-free, real-time monitoring of cells. Several interdisciplinary methods are employed to evaluate electrical impedance differences between live and dead Jurkat cells in a microfluidic device. Biological Micro-Electro-Mechanical …


Large Eddy Simulation Of Turbulent Premixed Combustion In Gas Turbines, Ashoke De Jan 2009

Large Eddy Simulation Of Turbulent Premixed Combustion In Gas Turbines, Ashoke De

LSU Doctoral Dissertations

An artificially Thickened Flame (TF) approach based on LES framework is used to model the turbulent premixed combustion in gas turbine combustors. A number of variants of the Thickened Flame approach including a modified version of TF model have been studied in details. In the TF model, the flame front is artificially thickened to resolve on LES computational grid. With this approach, reaction rate modeling does not require any ad-hoc closure assumptions. However, suitable modifications have to be made to compensate for flame thickening. To verify the predictive capability of the models, a stoichiometric methane-air flame on Bunsen burner type …


The Feasibility Of Using Select Landscape Species For Phytoremediation Of Cumene And 4-Cumylphenol Contaminated Groundwater, Kathryn Karsh Fontenot Jan 2009

The Feasibility Of Using Select Landscape Species For Phytoremediation Of Cumene And 4-Cumylphenol Contaminated Groundwater, Kathryn Karsh Fontenot

LSU Doctoral Dissertations

Chemical manufactures are often associated with a negative publicity due to chemical spills that can cause human health problems and environmental pollution. Innovative methods such as phytoremediation in lieu of traditional remediation methods are being researched to determine environmentally friendly options for remediation. Phytoremediation was studied as an alternative remediation method for removal of chemicals in a contaminated groundwater plume in Louisiana. The main constituents of concern in the plume were cumene and 4-cumylphenol. Two pilot phytotoxicity studies were funded to determine an optimum tree species for removal and control of the constituents of concern. A greenhouse and hydroponic system …


Evolution Of Vocal Signals In A Neotropical Avian Lineage, Brian J. O'Shea Jan 2009

Evolution Of Vocal Signals In A Neotropical Avian Lineage, Brian J. O'Shea

LSU Doctoral Dissertations

In this dissertation I explored variation in vocalizations of the avian genus Synallaxis (Passeriformes: Furnariidae) and the use of vocal characters to determine phylogenetic relationships at the species level. Vocalizations of suboscine passerines have recently gained favor as a proxy for genetic material in systematic studies; however, individual and geographic variation are both widespread in suboscines, complicating the definition and analysis of vocal characters. This is particularly true for species that have simple, phylogenetically conserved vocalizations. Moreover, the use of vocal characters in suboscine systematics depends on the confident assessment of homologous vocalizations, as well as a thorough understanding of …


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 …


Spatial-Temporal Responses Of Louisiana Forests To Climate Change And Hurricane Disturbance, Fugui Wang Jan 2009

Spatial-Temporal Responses Of Louisiana Forests To Climate Change And Hurricane Disturbance, Fugui Wang

LSU Doctoral Dissertations

This dissertation research focused on three questions: (1) what is the current carbon stock in Louisiana’s forest ecosystems? (2) how will the biomass carbon stock respond to future climate change? and (3) how vulnerable are the coastal forest resources to natural disturbances, such as hurricanes? The research utilized a geographic information system, remote sensing techniques, ecosystem modeling, and statistical approaches with existing data and in-situ measurements. Future climate changes were adapted from predictions by the Community Climate System Model on the basis of low (B1), moderate (A1B), and high (A2) greenhouse gas emission scenarios. The study on forest carbon assessment …


Categorization And Indentification Of Mechanisms Of Sugarcane Resistance To The Sugarcane Aphid (Hemiptera: Aphididae), Waseem Akbar Jan 2009

Categorization And Indentification Of Mechanisms Of Sugarcane Resistance To The Sugarcane Aphid (Hemiptera: Aphididae), Waseem Akbar

LSU Doctoral Dissertations

Sugarcane in Louisiana is colonized and sometimes heavily infested by two aphid species, the sugarcane aphid, Melanaphis sacchari (Zehntner), and the yellow sugarcane aphid,Sipha flava(Forbes). Melanaphis sacchari, the main vector of sugarcane yellow leaf virus, is distributed throughout Louisiana’s sugarcane-growing regions. Five cultivars representing 90% of the commercial acreage in Louisiana (LCP 85-384, HoCP 91-555, Ho 95-988, HoCP 96-540,L 97-128) were evaluated for resistance to aphids in the greenhouse. Antibiosis was the primary category of resistance to both aphid species. Based on the intrinsic rate of natural increase, L 97-128 and HoCP 91-555 were comparatively susceptible and resistant cultivars, respectively. …


Methods And Design Issues For Next Generation Network-Aware Applications, Andrei Hutanu Jan 2009

Methods And Design Issues For Next Generation Network-Aware Applications, Andrei Hutanu

LSU Doctoral Dissertations

Networks are becoming an essential component of modern cyberinfrastructure and this work describes methods of designing distributed applications for high-speed networks to improve application scalability, performance and capabilities. As the amount of data generated by scientific applications continues to grow, to be able to handle and process it, applications should be designed to use parallel, distributed resources and high-speed networks. For scalable application design developers should move away from the current component-based approach and implement instead an integrated, non-layered architecture where applications can use specialized low-level interfaces. The main focus of this research is on interactive, collaborative visualization of large …


A Study Of The Relationship Of Teachers' Self-Efficacy And The Impact Of Professional Learning Community As An Organizational Structure, Dana Elaine Nolan Jan 2009

A Study Of The Relationship Of Teachers' Self-Efficacy And The Impact Of Professional Learning Community As An Organizational Structure, Dana Elaine Nolan

LSU Doctoral Dissertations

The study was conducted to explore the characteristics of and interrelationships between teachers’ self-efficacy and professional learning community. Specifically, this study presents a quantitative study of ten Louisiana public schools participating in the second year of the Louisiana 9th Grade Redesign Initiative. Bandura’s (1977, 1986) social cognitive learning theory of self-efficacy provides the theoretical framework for the construct of self-efficacy under study. Hord’s (1998) dimensions of professional learning community provide the framework for the exploration of professional learning communities in this study. The School Professional Staff as Learning Community (SPSLCQ) instrument developed by Shirley Hord (1997) and the Teacher Efficacy …