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2010

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The Supreme Court's Assault On Litigation: Why (And How) It Could Be Good For Health Law, Abigail Moncrieff Jan 2010

The Supreme Court's Assault On Litigation: Why (And How) It Could Be Good For Health Law, Abigail Moncrieff

Faculty Scholarship

In recent years, the Supreme Court has narrowed or eliminated private rights of action in many legal regimes, much to the chagrin of the legal academy. That trend has had a significant impact on health law; the Court’s decisions have eliminated the private enforcement mechanism for at least four important healthcare regimes: Medicaid, employer-sponsored insurance, and medical devices. In a similar trend outside the courts, state legislatures have capped noneconomic and punitive damages for medical malpractice litigation, weakening the tort system’s deterrent capacity in those states. This Article points out that the trend of eliminating private rights of action in …

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Is "Pay-To-Play" Driving Public Pension Fund Activism In Securities Class Actions? An Empirical Study, David H. Webber Jan 2010

Is "Pay-To-Play" Driving Public Pension Fund Activism In Securities Class Actions? An Empirical Study, David H. Webber

Faculty Scholarship

The recent emergence of public pension funds as frequent lead plaintiffs in securities class actions has prompted speculation that the funds’ litigation activism is driven by “pay-to-play”. “Pay-to-play” posits that public pension funds are driven by politician board members to obtain lead plaintiff appointments in securities class actions because of campaign contributions made by plaintiffs’ lawyers to those board members. This paper provides a comprehensive analysis of the securities litigation activity of 111 such funds from the years 2003 through 2006. Three of the paper’s findings cast doubt on the “pay-to-play” theory, including that: (1) politicians and political control negatively …

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Justice And Elegance For Hedgehogs - In Life, Law, And Literature, Linda C. Mcclain Jan 2010

Justice And Elegance For Hedgehogs - In Life, Law, And Literature, Linda C. Mcclain

Faculty Scholarship

At a time when value pluralism and even value polarization seem to be undeniable facts of contemporary life, Ronald Dworkin unrepentantly defends the unity of value. His point of departure is the Greek poet Archilochus’s saying, “The fox knows many things, but the hedgehog knows one big thing,” made famous in liberal philosopher Isaiah Berlin’s essay, The Hedgehog and the Fox. In his forthcoming book, Justice for Hedgehogs, Dworkin argues for the integration of ethics, personal morality, and political morality and contends that law is a branch of political morality that in turn is a branch of morality, broadly understood. …

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Arbitrators And Accuracy, William W. Park Jan 2010

Arbitrators And Accuracy, William W. Park

Faculty Scholarship

An arbitrator’s primary duty remains the delivery of an accurate award, resting on a reasonably ascertainable picture of reality. Litigants wanting only quick or cheap solutions can roll dice, and have no need of lawyers. Evidentiary tools in arbitration should balance sensitivity toward cost and delay against the parties’ interest in due process and correct decisions. If arbitration loses its moorings as a truth-seeking process, nostalgia for a golden age of simplicity will yield to calls for reinvention of an adjudicatory process aimed at discovering the facts, finding the law, and correctly construing contract language.

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Cautions On The Use Of Economics Experiments In Law, Kathryn Zeiler Jan 2010

Cautions On The Use Of Economics Experiments In Law, Kathryn Zeiler

Faculty Scholarship

The recent move to import empirical results into law and policymaking have introduced challenges related to drawing proper inferences from quantitative studies. The purpose of this essay is to elaborate on three specific cautions on the use of economics experiment results. First, critiques of experiment designs based on external and ecological validity are often misplaced. Second, some legal scholars have fallen into the problematic habit of applying results from experiments directly to law and policy rather than applying well-supported theories. Third, the divergent purposes behind economics studies and legal scholarship give rise, in part, to problematic cherry picking of experimental …

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Towards A Right To Engage In The Fair Transformative Use Of Copyright‑Protected Expression, Graham Reynolds Jan 2010

Towards A Right To Engage In The Fair Transformative Use Of Copyright‑Protected Expression, Graham Reynolds

All Faculty Publications

Networked digital technologies have given Canadians the opportunity to engage with culture in a way that has never before been possible. Empowered and inspired, individuals from Prince George to the Georgian Bay to George Street are rejecting their former role as passive consumers of culture in order to participate in a continuing process of cultural (re)creation, production, and dialogue. One way in which they are doing so is by engaging in the transformative use of existing expression, a type of creative activity in which previously existing expression is reworked for a new purpose, with new interpretations or with a new …

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Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt Jan 2010

Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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Revolution In Pragmatist Clothing: Nationalizing Workplace Law, Jeffrey M. Hirsch Jan 2010

Revolution In Pragmatist Clothing: Nationalizing Workplace Law, Jeffrey M. Hirsch

Faculty Publications

No abstract provided.

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Identity Scripts & Democratic Deliberation, Holning S. Lau Jan 2010

Identity Scripts & Democratic Deliberation, Holning S. Lau

Faculty Publications

No abstract provided.

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Why The Assertion Of A "Nationalist" Presidency Does Not Support Claims For Expansive Presidential Power, William P. Marshall Jan 2010

Why The Assertion Of A "Nationalist" Presidency Does Not Support Claims For Expansive Presidential Power, William P. Marshall

Faculty Publications

No abstract provided.

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The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun Jan 2010

The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun

Faculty Publications

No abstract provided.

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Why Defense Attorneys Cannot, But Do, Care About Innocence, Robert P. Mosteller Jan 2010

Why Defense Attorneys Cannot, But Do, Care About Innocence, Robert P. Mosteller

Faculty Publications

No abstract provided.

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Medellin, The President's Foreign Affairs Power And Domestic Law, A. Mark Weisburd Jan 2010

Medellin, The President's Foreign Affairs Power And Domestic Law, A. Mark Weisburd

Faculty Publications

No abstract provided.

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Levee Analysis And Design For Proposed Missouri Refining Co. Petroleum Refinery Site., Matthew Carns Jan 2010

Levee Analysis And Design For Proposed Missouri Refining Co. Petroleum Refinery Site., Matthew Carns

Undergraduate Theses and Senior Projects

This report is intended to cover the design and construction of a levee around the proposed Missouri Refining Co. petroleum refinery, see Figure 1 for location. The location is near the confluence of the Yellowstone and Missouri Rivers in Williams County, North Dakota. The recent success in extracting unconventional petroleum reserves in the Williston Basin has led Missouri Refining to consider building the refinery in the area.

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Connections Between Individual Dispersal Behavior And The Multi-Scale Distribution Of A Saproxylic Beetle, Heather Bird Jackson Jan 2010

Connections Between Individual Dispersal Behavior And The Multi-Scale Distribution Of A Saproxylic Beetle, Heather Bird Jackson

LSU Doctoral Dissertations

Species incidence results from a complex interaction among species traits (e.g., mobility and behavior), intra- and inter-specific interactions, quality and configuration of the landscape, and historical events. Determining which factors are most important to incidence is difficult because the multiple processes affecting incidence operate at different temporal and spatial scales. I conducted an empirically-based study relating individual behavior (dispersal, habitat selection, and intra-specific interactions) with hierarchically-organized environmental filters to predict the incidence of Odontotaenius disjunctus (Passalidae), a saproxylic (=decayed wood dependent) beetle common to eastern North American forests, at multiple spatial scales. In dispersal experiments, O. disjunctus movement was faster …

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Enabling Responsible Public Genomics, John M. Conley, Adam K. Doerr, Daniel B. Vorhaus Jan 2010

Enabling Responsible Public Genomics, John M. Conley, Adam K. Doerr, Daniel B. Vorhaus

Faculty Publications

No abstract provided.

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The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet Jan 2010

The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet

All Faculty Publications

In 2008, Canada raised the age of consent to sexual activity with an adult from 14 years of age to 16. This change was motivated, in part, by several high profile cases of internet “luring” of younger teenagers. This article considers whether raising the age of consent has had any benefits. It begins by discussing the history and development of age of consent laws in Canada. The justification for a statutory age of consent has shifted from one based on the age at which a girl is deemed to be sexually available to one based on her capacity to give …

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Corporate War Crimes: Prosecuting Pillage Of Natural Resources, James G. Stewart Jan 2010

Corporate War Crimes: Prosecuting Pillage Of Natural Resources, James G. Stewart

All Faculty Publications

Pillage means theft during war. Although the prohibition against pillage dates to antiquity, pillaging is a modern war crime that can be enforced before international and domestic criminal courts. Following World War II, several businessmen were convicted for the pillage of natural resources. And yet modern commercial actors are seldom held accountable for their role in the illegal exploitation of natural resources from modern conflict zones, even though pillage is prosecuted as a matter of course in other contexts. This book offers a doctrinal road-map of the law governing pillage as applied to the illegal exploitation of natural resources by …

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Relationship Between Multiple Sources Of Perceived Social Support And Psychological And Academic Adjustment In Early Adolescence: Comparisons Across Gender., Sandra Yu Rueger, Christine K. Malecki, Michelle K. Demaray Jan 2010

Relationship Between Multiple Sources Of Perceived Social Support And Psychological And Academic Adjustment In Early Adolescence: Comparisons Across Gender., Sandra Yu Rueger, Christine K. Malecki, Michelle K. Demaray

Faculty Articles, Papers, and Other Scholarship

The goal of the current study was to investigate gender differences in the relationship between multiple sources of perceived support (parents, teachers, classmates, close friends, and school) and indices of psychological and academic adjustment. As a preliminary analysis, the study provided further psychometric support for the Child and Adolescent Social Support Scale (CASSS: Malecki, Demaray, & Elliott, 2003). The results of the main analyses supported previous findings related to gender differences in mean levels of perceived support and extended findings demonstrating the importance of support from parents and the general peer group for both boys and girls. Overall, these results …

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Elementary School Girls And Heteronormativity: The Girl Project., Kristin Myers, Laura Raymond Jan 2010

Elementary School Girls And Heteronormativity: The Girl Project., Kristin Myers, Laura Raymond

Faculty Articles, Papers, and Other Scholarship

This article examines preadolescent girls in a group setting as they coconstructed heteronormativity. The authors contend that heteronormativity is not the product of a coming-of-age transformation but instead an everyday part of life, even for very young social actors. It emerges from the gender divide between boys and girls but is also reproduced by and for girls themselves. In the Girl Project, the authors sought to understand younger girls’ interests, skills, and concerns. They conducted nine focus groups with 43 elementary school girls, most of whom were age nine or younger. They observed these girls as they defined “girls’ interests” …

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Review Of G. Koch, K. Fittschen, And O. Dally, Eds., Akten Des Symposiums Des Sarkofag-Corpus Marburg 2001 (Mainz 2007), Sinclair Bell Jan 2010

Review Of G. Koch, K. Fittschen, And O. Dally, Eds., Akten Des Symposiums Des Sarkofag-Corpus Marburg 2001 (Mainz 2007), Sinclair Bell

Faculty Articles, Papers, and Other Scholarship

Review of G. Koch, K. Fittschen, and O. Dally, eds., Akten des Symposiums des Sarkofag-Corpus, Marburg 2001 (Mainz 2007)

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A State Of Rightlessness: The Egregious Case Of North Korea, Morse Tan Jan 2010

A State Of Rightlessness: The Egregious Case Of North Korea, Morse Tan

Faculty Articles, Papers, and Other Scholarship

This essay steps into the relative dearth of popular and legal academic treatment to analyze this egregious state of rightlessness (an intentional neologism) and concludes with reflections upon possible judicial redress options. Experts in the human rights field have averred that the human rights situation in North Korea is the worst in the world. The North Korean government denies any human rights abuses, insisting “that 'there is no human rigths [sic] problem in North Korea.'" This academic work challenges this outright denial by providing an analysis of various human rights abuses persisting north of the most heavily armed border in …

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American State Constitutional Equalities, Jeffrey A. Parness Jan 2010

American State Constitutional Equalities, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

Many American state constitutions contain equality provisions. Some simply promote Equal Protection in ways comparable to the Fifth and Fourteenth Amendments to the federal constitution. Others are worded quite differently, though read in lockstep with federal precedents. Yet others vary both in letter and spirit form federal constitutional equalities. These variations extend at time constitutional equality protections far beyond the federal precedents. Varying American state constitutional equalities are today promoted by phrases and terms like equality, equal protection, nondiscrimination, sameness, and uniformity. They occasionally limit private as well as public actors. And they occasionally limit the roles of legislatures in …

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Ancestral Determination From Foramen Magnum, Stephanie Marie Crider Jan 2010

Ancestral Determination From Foramen Magnum, Stephanie Marie Crider

LSU Master's Theses

Ancestry estimation is a crucial part of the biological profile creation in forensic anthropology. Without proper classification of ancestry, other aspects of the biological profile, such as stature, can be affected. Several techniques are used by forensic anthropologists to determine ancestry of unidentified remains. Some anthropologists believe the cranium to be an excellent indicator of ancestry (Rhine 1990). The focus of this research was to determine the utility of the foramen magnum region on the cranial base as a positive indicator of ancestry. Previous studies have explored the effectiveness of using the cranial base’s occipital condyles for ancestry assignment of …

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The Auxiliary System Of Typically Developing Children Acquiring African American English, Brandi Lynette Newkirk Jan 2010

The Auxiliary System Of Typically Developing Children Acquiring African American English, Brandi Lynette Newkirk

LSU Doctoral Dissertations

This study’s purpose was to examine the acquisition and use of BE, DO, and modal auxiliaries by African American English (AAE)-speaking children. The impetus for this work was the lack of information regarding the developmental trajectory of these auxiliary types and their use, in AAE relative to what is known about auxiliary acquisition and use in Mainstream American English (MAE). The study used two datasets of language samples: one that contained 48 language samples from 3 ½-year-old children and one that contained 36 longitudinal language samples of five children who were between 18 and 51 months of age. Results from …

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Athens And Byzantium: Platonic Political Philosophy In Religious Empire, Jeremiah Heath Russell Jan 2010

Athens And Byzantium: Platonic Political Philosophy In Religious Empire, Jeremiah Heath Russell

LSU Doctoral Dissertations

It is traditionally understood that there is a gap, which spans well over one thousand years, between Plato’s own political philosophy and its successor in medieval Islamic philosophy. A most likely bridge between Plato and these later philosophers is Neoplatonism. However, scholars argue that this philosophic school abandoned its predecessor’s emphasis on political philosophy. This dissertation challenges the traditional interpretation by reconstructing a political philosophy based on a Neoplatonic commentary on Plato’s Gorgias. The first two chapters place this commentary within its historical context, as well as its place within the larger Neoplatonic pedagogy. The remainder of the dissertation reconstructs …

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A High Fat Diet Attenuates The Fermentation Effects Of Resistant Starches And Fructans, Felicia Robin Goldsmith Jan 2010

A High Fat Diet Attenuates The Fermentation Effects Of Resistant Starches And Fructans, Felicia Robin Goldsmith

LSU Master's Theses

In our previous studies, ingestion of prebiotics in low fat diets resulted in decreased cecal pH from 8 to about 6 and increases in short chain fatty acids indicating robust fermentation. However, in some preliminary studies this effect on fermentation was not seen when rodents were obese and/or fed a high-fat diet. This comprehensive high-fat diet study was conducted to determine which sources and combinations of prebiotics would enhance fermentation despite a high dietary fat content. The effects of prebiotics in a high-fat diet (44% energy) on pH, cecal weights, abdominal fat, and body weight were studied in mature male …

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Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Hazel G. Beh, Jeffrey W. Stempel Jan 2010

Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Hazel G. Beh, Jeffrey W. Stempel

Scholarly Works

Insurance policies are traditionally classified as unilateral or “reverse-unilateral” contracts, a characterization we find largely incorrect, with problematic consequences for adjudication of insurance coverage disputes. In addition to the general difficulties attending the unilateral classification, the concept as applied to insurance policies is not only unhelpful but incorrect. Insurance policies are more accurately viewed as bilateral contracts. In addition, the unilateral characterization of insurance policies introduces error and inconsistency into the litigation of insurance controversies. In particular, the unilateral view tends toward excessive formalism and focus on so-called “conditions” precedent to coverage, eschewing material breach analysis and encouraging needless forfeitures …

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A Simulation Study Of Factors That Affect Pressure Control During Kick Circulation In Managed Pressure Drilling Operations, Jose Eduardo Eduardo Chirinos Jan 2010

A Simulation Study Of Factors That Affect Pressure Control During Kick Circulation In Managed Pressure Drilling Operations, Jose Eduardo Eduardo Chirinos

LSU Master's Theses

An university-industry consortium has been studying alternative well control procedures to be used for kicks taken during managed pressure drilling (MPD) operations using the constant bottom hole pressure (CBHP) method. The CBHP method of MPD allows more precise control of wellbore pressure than conventional drilling. MPD surface equipment allows more alternatives for controlling a kick and may support faster detection of kicks and losses which can reduce the severity of a well control event. Nevertheless, the elimination of well control incidents cannot be guaranteed, and the uncertainty in downhole drilling margins are not reduced by adopting MPD methods. The primary …

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Positron Autoradiography For Intravascular Vulnerable Plaque Imaging, Peter Petrek Jan 2010

Positron Autoradiography For Intravascular Vulnerable Plaque Imaging, Peter Petrek

LSU Master's Theses

Purpose: To develop and investigate an intravascular storage phosphor detector for imaging and detection of vulnerable coronary artery plaques. Methods: The concept of the detection of vulnerable plaques (i.e., plaques with inflammation) is based on accumulation of fluorodeoxyglucose (FDG) in inflammation sites. The FDG is labeled with a radioactive isotope 18F (positron source), injected to patient, and accumulated in vulnerable plaques of coronary arteries. The radiation detector is then inserted into coronary artery, records positrons from FDG accumulated in vulnerable plaque, which allows for imaging and detection of the vulnerable plaque. A prototype detector was developed and tested. The detector …

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