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2010

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Irreconcilable Deferences - The Troubled Marriage Of Judicial Review Standards Under The Steelworkers Trilogy And The Federal Arbitration Act, Michael H. Leroy Jan 2010

Irreconcilable Deferences - The Troubled Marriage Of Judicial Review Standards Under The Steelworkers Trilogy And The Federal Arbitration Act, Michael H. Leroy

Journal of Dispute Resolution

To explore the ramifications of this hybrid, labor-employment discrimination award, I ask what standards would a court apply to review an arbitrator's ruling. The Steelworker's Trilogy-three Supreme Court decisions that explain to courts how to review awards under section 301 of the Labor-Management Relations Act-pronounce deferential standards. But until now, individual employment awards have typically been reviewed under section 10 of the Federal Arbitration Act (FAA) or state law equivalents. My research on labor awards and individual employment awards show that courts do not behave the same under these different regimes. They enforce about seventy-two percent of labor awards, but …

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Effect Of Shari'a On The Dispute Resolution Process Set Forth In The Washington Convention, The, Andrew Smolik Jan 2010

Effect Of Shari'a On The Dispute Resolution Process Set Forth In The Washington Convention, The, Andrew Smolik

Journal of Dispute Resolution

This article will provide an overview of Shari'a law with respect to arbitration. Section I provides an overview of principles of Shari'a and its development. Section II discusses Islamic jurisprudence and the different schools of Islamic jurisprudence. Section III provides a discussion of the different schools of Islamic jurisprudence. Section IV provides a history of arbitration in the Middle East from the period before Muhammad to today. Section V gives a brief overview of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). Sections VI and VI discuss issues regarding choice of …

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Glacial Deposits, Vol. 38, 2009-2010, Department Of Geography-Geology Jan 2010

Glacial Deposits, Vol. 38, 2009-2010, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

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Sex, Threats, And Absent Victims: The Lessons Of Regina V. Bedingfield For Modern Confrontation And Domestic Violence Cases, Aviva A. Orenstein Jan 2010

Sex, Threats, And Absent Victims: The Lessons Of Regina V. Bedingfield For Modern Confrontation And Domestic Violence Cases, Aviva A. Orenstein

Articles by Maurer Faculty

In 2004, Crawford v. Washington, authored by Justice Antonin Scalia, revolutionized the law of confrontation by requiring that, aside from two discrete exceptions, all testimonial statements (those made with the expectation that they will serve to prosecute the accused) be subject to cross-examination. This new interpretation of the Sixth Amendment confrontation clause has profoundly affected domestic violence cases, making it much harder to prosecute them successfully.

Although Justice Scalia’s approach to confrontation is new, it is strikingly similar to the analysis in Regina v. Bedingfield, a notorious English murder case, which excluded from the evidence an alleged statement by the …

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The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra Jan 2010

The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra

Articles by Maurer Faculty

Since 2003 American political leaders and lawmakers have been committed to the simultaneous pursuit of tax cuts and military excursions abroad. Just a few decades ago, when military hawks were also deficit hawks, such a position would have seemed incongruous. This essay reviews, War and Taxes, a provocative and fascinating new book that seeks to explain the apparent dissonance of recent American wartime tax policy. In contrast to conventional wisdom which presumes that wartime patriotism has always and everywhere trumped self-interest, War and Taxes shows that the history of U.S. wartime taxation is not quite such a heroic tale. By …

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American Economic Development, Managerial Corporate Capitalism, And The Institutional Foundations Of The Modern Income Tax, Ajay K. Mehrotra Jan 2010

American Economic Development, Managerial Corporate Capitalism, And The Institutional Foundations Of The Modern Income Tax, Ajay K. Mehrotra

Articles by Maurer Faculty

Histories of the modern American income tax have generally focused on the role that social and political forces have played in the development of a new tax system. This article seeks to move beyond the social and political determinants to examine the economic factors that facilitated the adoption of the modern, graduated income tax. Without marginalizing the importance of social and political factors, the central aim of this article is to make a modest contribution to the legal and political historiography of the U.S. income tax by highlighting how changing material economic conditions afforded social groups, political reformers, and lawmakers …

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What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver Jan 2010

What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver

Articles by Maurer Faculty

No abstract provided.

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Effects Of Bondline Thickness On Nonlinear Interfacial Fracture Of Bonded Adhesive Joint, Gefu Ji Jan 2010

Effects Of Bondline Thickness On Nonlinear Interfacial Fracture Of Bonded Adhesive Joint, Gefu Ji

LSU Doctoral Dissertations

A number of existing and emerging industrial applications are dependent on layered substrates through adhesive bonding. The interfacial fracture of adhesively bonded structures is a critical issue for its extensive applications to a variety of modern industries. In the recent two decades, cohesive zone models (CZMs) have been receiving intensive attentions for fracture problems of adhesively bonded joints due to its fairly simple and accurate predictive ability. In CZMs the nonlinear interfacial fracture behaviors are described by the traction-separation laws (also referred to as cohesive laws). The cohesive laws represent the local constitutive behavior, instead of the global parameter, such …

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Public Perception And The Oil Industry: An Analysis Of Oil Employees' And Nigerians' Opinions Regarding Exxon Mobil And Shell Oil's Corporate Social Responsibility Efforts, Liana L. Narcisse Jan 2010

Public Perception And The Oil Industry: An Analysis Of Oil Employees' And Nigerians' Opinions Regarding Exxon Mobil And Shell Oil's Corporate Social Responsibility Efforts, Liana L. Narcisse

LSU Master's Theses

This study looked at oil industry employees’ and Nigerians’ perceptions of Exxon Mobil and Shell Oil as socially responsible corporations and the role the two-step flow model of communication plays in shaping these publics’ impressions of the companies. Measures of participants’ perceptions of corporate social responsibility (CSR) were developed using Carroll’s 1971 three-dimensional model of CSR and Ketola’s (2008) holistic model of CSR. This study found that for both companies participants had average to less-than-favorable perceptions of the companies’ socially responsible behavior, according to the various categories of CSR. However, employees were more likely to view the companies more favorably …

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Designing Irishness: Ethnicity, Heritage, And Imagined Connection To Place Through Language, Thomas James Sullivan Jan 2010

Designing Irishness: Ethnicity, Heritage, And Imagined Connection To Place Through Language, Thomas James Sullivan

LSU Doctoral Dissertations

In North America, those who are descended from "old world" immigrant groups—for example Germans, Greeks, Italians, Poles, and Irish—are thought to be assimilated or acculturated into the mainstream American culture. Since the late 1970s, however, sociologists have observed how a number of white ethnics, particularly those descended from third- and fourth-generation (and beyond) immigrants, continue to maintain a link to an ethnic group. This phenomenon—labeled symbolic or optional ethnicity—is now seen as a latter-stage development in the larger process of assimilation and ethnic-group identification. In this dissertation I show how the meaning of Irish identity has evolved in North America …

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Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley Jan 2010

Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

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Autism Spectrum Disorders: Validation Of The Autism Spectrum Disorders - Problem Behavior For Children (Asd-Pbc), Relationship Between Age And Challenging Behaviors, Children And Adolescents With Autism Spectrum Disorders Compared To Typically Developing Controls On The Behavioral Assessment For Children, Second Edition (Basc-2), Sara Rebecca Mahan Jan 2010

Autism Spectrum Disorders: Validation Of The Autism Spectrum Disorders - Problem Behavior For Children (Asd-Pbc), Relationship Between Age And Challenging Behaviors, Children And Adolescents With Autism Spectrum Disorders Compared To Typically Developing Controls On The Behavioral Assessment For Children, Second Edition (Basc-2), Sara Rebecca Mahan

LSU Master's Theses

Researchers found that Autism Spectrum Disorder (ASD) is a predictor for challenging behaviors. Since challenging behaviors are obstacles for social development and learning, it is important to determine if and what challenging behaviors are exhibited and how to best treat them. The Autism Spectrum Disorder – Problem Behavior for Children (ASD-PBC) is an 18 item informant based questionnaire specifically designed to measure challenging behaviors in children with ASD. Convergent and discriminant validity against the Behavioral Assessment System for Children, Second Edition (BASC-2), demonstrated the preliminary validity for the ASD-PBC for use among children and adolescents with ASD. Study 2 examined …

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Globetrotting Law Firms, Jayanth K. Krishnan Jan 2010

Globetrotting Law Firms, Jayanth K. Krishnan

Articles by Maurer Faculty

Despite the current financial crisis, prestigious American and British law firms continue to maintain a presence in Continental Europe, Latin America, and China. Yet, in one economically fertile, democratic country - India - such global legal powerhouses are scarcely found. This study seeks to understand empirically why there is a general absence of these and other foreign law firms practicing in India. Based on fieldwork and compiled interview data of lawyers, judges, government officials, activists, and clients from India, the United States, and Britain - the latter two being the foreign countries most interested in gaining access to the Indian …

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Exploring The Impacts Of Wiki Collaborative Technologies Within The English Writing Environment, Valarie D. Dufrene Jan 2010

Exploring The Impacts Of Wiki Collaborative Technologies Within The English Writing Environment, Valarie D. Dufrene

LSU Doctoral Dissertations

The use of technology in the writing classroom has been a staple since the early-1990’s when the personal computer made its way onto the desks of teachers and students across America. Since that time, the challenge has been for educators to incorporate the most recent technologies in an effort to stimulate student writing. This study examined the effects the use of a web-based wiki technology can have on the writings of high school students. The primary goal of this study was to explore how the web-based collaborative technology in Google Docs and used in a secondary English IV classroom can …

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The Joint Law Venture: A Pilot Study, Jayanth K. Krishnan Jan 2010

The Joint Law Venture: A Pilot Study, Jayanth K. Krishnan

Articles by Maurer Faculty

This pilot study evaluates the effectiveness of law firms entering into joint ventures, an increasingly eyed business model particularly by American and British lawyers seeking to expand into promising financial markets. One country at the center of the joint venture experiment has been Singapore. With the strong encouragement of the Singaporean government (which has long embraced foreign investment), various elite law firms from the United States and Britain have been partnering with domestic Singaporean law firms for over the past decade. Because these foreign firms were traditionally barred from practicing Singaporean law on their own, the ‘joint law venture,’ or …

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The Interdependence Of Modality And Theory Of Mind, Danielle Rachel Alfandre Jan 2010

The Interdependence Of Modality And Theory Of Mind, Danielle Rachel Alfandre

LSU Doctoral Dissertations

Modality is traditionally defined as the expression of possibility or necessity. In English, modality is expressed by the modal auxiliaries such as can, would, should, or might; adjectives and adverbs such as possible, necessary, maybe, and absolutely; or phrasal verbs such as going to or have to. Theory of Mind (ToM) is broadly defined as the ability to attribute thoughts and beliefs to other people. ToM is usually expressed using propositional attitude verbs such as think as in Mary thinks that it will rain. Hegarty (2006, 2010) proposes that propositional attitude verbs are covertly modalized and can be analyzed using …

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Factor That Influence The Critical Thinking Skills Of Public School Teachers In A Parish In Southwest Louisiana, Dale Beglis Schanz Jan 2010

Factor That Influence The Critical Thinking Skills Of Public School Teachers In A Parish In Southwest Louisiana, Dale Beglis Schanz

LSU Doctoral Dissertations

The purpose of this study is to determine the influence of selected personal and professional demographic characteristics on the critical thinking abilities of teachers in a parish in Southwest Louisiana. The study is a correlational design using a descriptive survey technique with questions for the data collection. The examiner looked at attribute independent variables – characteristics that a subject has before a study begins such as gender, age, race, highest level of education completed, and years of teaching experience. Three hundred and twenty-four teachers in twelve public schools (three high schools, four middle schools, and five elementary schools) participated in …

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Abuse Of Rights: The Continental Drug And The Common Law, Anna Di Robilant Jan 2010

Abuse Of Rights: The Continental Drug And The Common Law, Anna Di Robilant

UC Law Journal

This Article deploys a comparative approach to question a widely shared understanding of the impact and significance of abuse of rights. First, it challenges the idea that abuse of rights is a peculiarly civilian "invention," absent in the common law. Drawing on an influential strand offunctionalist comparative law, the Article identifies the "functional equivalents of the doctrine in the variety of malice rules and reasonableness tests deployed by American courts in the late-nineteenth and earlytwentieth century in fields as diverse as water law, nuisance, tortious interference with contractual relations, and labor law. The Article investigates the reasons why in the …

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Cross-Race Advising Relationships: The Role Of Race In Advising Relationships Between Black Doctoral Student Protégés And Their White Faculty Advisors, Marco Javon Barker Jan 2010

Cross-Race Advising Relationships: The Role Of Race In Advising Relationships Between Black Doctoral Student Protégés And Their White Faculty Advisors, Marco Javon Barker

LSU Doctoral Dissertations

The purpose of this phenomenological study was to examine the role of race in cross-race advising relationships between White faculty advisors and their Black doctoral student protégés. I examined the racial context of doctoral education experiences and relationships between doctoral students and faculty. Blacks with doctoral degrees comprise only 0.3% of those 18 years and older and only 3.5% of those with doctoral degrees (U.S. Census, 2000). Although there has been an increase in the number of Blacks enrolling in doctoral programs (Cook & Cordova, 2006), Nettles and Millett (2006) found that Blacks and Latin Americans have higher attrition rates …

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The Influence Of Computer User Knowledge And Selected Demographic Characteristics The Academic Achievement Of High School Seniors, Michael E. Brown Jan 2010

The Influence Of Computer User Knowledge And Selected Demographic Characteristics The Academic Achievement Of High School Seniors, Michael E. Brown

LSU Doctoral Dissertations

The primary purpose of this study was to identify the influence of computer user knowledge as measured by the Computer User Knowledge Survey (CUKS), and the personal demographic characteristics of Gender, Age, and Race on academic achievement as measured by the Graduation Exit Examination-21 (GEE-21), among high school seniors in public schools in a parish in South Louisiana. The CUKS and the Gender and Race data were collected from the self-perceived CUKS survey administered to 295 seniors registered in English IV classes at a school in South Louisiana. The academic achievement data and the ages of the student subjects were …

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An Analysis Of Predictors Of Exclusionary Discipline Practices And The Relationship With Student Achievement Using Hierarchical Linear Modeling, Amanda Dahir Jan 2010

An Analysis Of Predictors Of Exclusionary Discipline Practices And The Relationship With Student Achievement Using Hierarchical Linear Modeling, Amanda Dahir

LSU Doctoral Dissertations

School discipline plays an important role in maintaining a safe and orderly learning environment for students. Disruptive behavior in the classroom interferes with classroom learning time making it difficult to accomplish academic goals. A common method of handling discipline problems within schools is removing the disruptive student from their classroom (e.g. suspension or expulsion). There is a great need to study and understand the differences between school disciplinary practices and to allow research findings to guide the way in which discipline is administered. The current study examined a large database for the entire state of Louisiana to determine the relationship …

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Homecoming At An Old Country Church, Lindsey M. Jacob Jan 2010

Homecoming At An Old Country Church, Lindsey M. Jacob

LSU Master's Theses

In numerous communities in the United States, church congregations gather once a year for a special homecoming service that includes food, fellowship, worship, and exceptional music. Homecomings at Cana Baptist Church, an old country church in rural Southern Illinois, hold some of my fondest childhood memories. The special musical performances were the highlight of the day’s festivities, and to this day remain an integral part of my musical identity.

This thesis exposes elements of southern gospel music, in particular bluegrass gospel. I explore stylistic tendencies of up-beat accents, prominent five-one bass progressions, and pitch bending. I also include several melodic …

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Parent Report Of Home Literacy Experiences In Children With And Without Speech And Language Impairments, Amanda Blair Grace Jan 2010

Parent Report Of Home Literacy Experiences In Children With And Without Speech And Language Impairments, Amanda Blair Grace

LSU Master's Theses

The purpose of this study was to evaluate caregivers’ perceptions of their children’s literacy experiences and determine if their perceptions differed as a function of whether their children presented with speech and language impairment or with typical language development. Participants were caregivers of children, between the ages of 24 and 54 months. Eleven children presented with speech and language impairments (S/LI) and 14 children presented with typically developing (TD) language. Caregivers’ perceptions about early home literacy experiences were collected through a questionnaire. Results showed that there were no statistically significant differences between the two groups of caregivers’ responses to the …

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Examining Spiritual Development In Collegiate Athletes Participating In Individual And Team Sports, Jessica Lauder Clarke Jan 2010

Examining Spiritual Development In Collegiate Athletes Participating In Individual And Team Sports, Jessica Lauder Clarke

LSU Doctoral Dissertations

The purpose of this explanatory study was to examine levels of spirituality self-reported by collegiate student-athletes participating in individual and team sports. Student-athletes’ levels of spirituality were measured using Astin’s (2004) College Students’ Beliefs and Values Survey (CSBV). Conceptually, this study was grounded in the works of Fowler (1981) and Parks (2000), leading researchers in measuring spiritual development. The sample of student-athletes was taken from the University of Louisiana at Lafayette, a large, doctoral granting, high research activity, NCAA Division I institution. The data for this study was collected at the end of the spring semester on April 27, 2009 …

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Analysis Of Media Agenda-Setting Effect On Consumer Confidence In The Safety Of The U.S. Food System Across Consumer Segments, Abhishek Bhagwat Bharad Jan 2010

Analysis Of Media Agenda-Setting Effect On Consumer Confidence In The Safety Of The U.S. Food System Across Consumer Segments, Abhishek Bhagwat Bharad

LSU Master's Theses

Recent food recalls and food scares in the United States have increased consumers’ risk perceptions about food borne illness and decreased their confidence in the safety of the U.S. food supply. Results from a continuous tracking of consumer confidence and media coverage of food safety events over a 67 week period between May 2008 and August 2009 are reported in the study. Factor analysis is performed on consumer characteristic statements to identify seven factors. Factor scores for these seven factors are used as inputs in a consumer segmentation procedure. A two step segmentation approach, hierarchical cluster analysis followed by partition …

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Student Perspectives On Study Abroad: The Case Of Louisiana State University's Summer Internships In The French Alps, Terri Lee Schroth Jan 2010

Student Perspectives On Study Abroad: The Case Of Louisiana State University's Summer Internships In The French Alps, Terri Lee Schroth

LSU Doctoral Dissertations

While many studies have been conducted on study abroad programs, few have sought to examine the inner workings of a short-term, non-traditional (non-classroom based) program, particularly from the participants’ point-of-view. This in-depth case study explores a short-term (4-week) cultural and linguistic internship program, “LSU in the French Alps,” as well as the perspectives of four program participants. This research was conducted during four phases of the study abroad experience: the pre-departure orientation (4 days on LSU’s main campus), the in-country stay (4 weeks in the French Alps), re-entry into the United States (first 10 days upon return), and post study …

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From The Killing Fields To A Field Of Hope: The Portrait Of A Teacher's Dream, Kathy Ellen Smith Jan 2010

From The Killing Fields To A Field Of Hope: The Portrait Of A Teacher's Dream, Kathy Ellen Smith

LSU Doctoral Dissertations

Few qualitative studies have been done in Cambodia, a country held hostage by the murderous Khmer Rouge in the 1970s. Still struggling to recover from these atrocities, Cambodia looks to education to aid in its redevelopment. This ethnographically-informed case study describes the professional literacy life of a female Cambodian primary school teacher in the post Pol Pot era. This study describes this woman’s professional and personal life as she strives to build literacy in a small village. Her work is considered in the context of her colleagues and village. Additionally, the research portrays forces that impact literacy development, ways in …

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Symphony #2 And A Critical Appraisal Of Helmut Lachenmann's Writings And Music, Jeffrey Lipscomb Jan 2010

Symphony #2 And A Critical Appraisal Of Helmut Lachenmann's Writings And Music, Jeffrey Lipscomb

LSU Doctoral Dissertations

The first portion of this dissertation is an original composition: Symphony No. 2. This serial work attempts to use both tempo and texture as compositionally viable parameters, along with pitch and rhythm. The piece is divided into four uninterrupted movements. The first movement establishes a pointillist texture as a reference sound for the entire work, which transforms into a rapid toccata section. The two middle movements, an aria and an intermezzo, both use traditional melody-harmony formats. The toccata texture returns at the beginning of the last movement before transforming and ending pointillistically. The second portion of this dissertation is a …

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The Illumination Of E. E. Cummings' Poetry In J. A. C. Redford's "Love Is The Every Only God", Amy Louise Aucoin Jan 2010

The Illumination Of E. E. Cummings' Poetry In J. A. C. Redford's "Love Is The Every Only God", Amy Louise Aucoin

LSU Doctoral Dissertations

The choral work love is the every only god, composed by J. A. C. Redford, was published in 2001, placing it among the initial choral concert works published in the twenty-first century. love is the every only god is a song cycle for divisi mixed chorus with piano accompaniment based on six poems by E. E. Cummings. The work is organized into six movements with two interludes and lasts approximately twenty-five minutes. Beyond his regard for the art of poetry and care in choosing a text, Redford sees himself as an illuminator of the text, providing the listener with a …

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Gender Differences In Core Symptomatology In Autism Spectrum Disorders Across The Lifespan, Tessa Taylor Rivet Jan 2010

Gender Differences In Core Symptomatology In Autism Spectrum Disorders Across The Lifespan, Tessa Taylor Rivet

LSU Doctoral Dissertations

A preponderance of males with autism spectrum disorders (ASD) has been evident since the initial writings on the topic. This male predominance has consistently emerged in all ASD research to date in epidemiological as well as clinical populations. Despite this long recognized gender disparity in ASD, surprisingly there is a paucity of research addressing gender as it relates to core ASD symptom presentation. Gender differences may manifest with regard to symptom domains, severity, breadth, and so forth. The present research examined gender differences in ASD symptomatology in three populations: infants and toddlers at risk for developmental disability, children and adolescents, …

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