Digital Commons Network^™

Health Reform: What's Insurance Got To Do With It? Recognizing Health Insurance As A Separate Species Of Insurance, Wendy K. Mariner

Faculty Scholarship

Health insurance can be, and to a large extent already is, a separate species of insurance. This article describes the different views of insurance that made health reform contentious. It argues that the goals of health reform are incompatible with conventional views of insurance. Nonetheless, reforming health insurance to achieve those goals does not require as dramatic shift as some might think, because health insurance has already become primarily a means of paying for health care, rather than a simple risk spreading device for specified losses.

Government Speech 2.0, Helen Norton, Danielle K. Citron

Faculty Scholarship

New expressive technologies continue to transform the ways in which members of the public speak to one another. Not surprisingly, emerging technologies have changed the ways in which government speaks as well. Despite substantial shifts in how the government and other parties actually communicate, however, the Supreme Court to date has developed its government speech doctrine – which recognizes “government speech” as a defense to First Amendment challenges by plaintiffs who claim that the government has impermissibly excluded their expression based on viewpoint – only in the context of disputes involving fairly traditional forms of expression. In none of these …

The Legal Ecology Of Resistance: The Role Of Antibiotic Resistance In Pharmaceutical Innovation, Kevin Outterson

Faculty Scholarship

Antibiotic effectiveness is a common pool resource that can be prematurely depleted through resistance. Some experts warn that we may face a global ecological collapse in antibiotic effectiveness. Conventional wisdom argues for more intellectual property rights to speed the creation of new antibiotics. Recent theoretical literature suggests that conservation-based approaches may yield superior results. This Article describes a novel typology for organizing these emerging theories, and provides an early empirical test of these models, using proprietary data on the sales of vancomycin, an important hospital antibiotic for the last three decades.

The results challenge the assumptions in several models, and …

The New Price To Play: Are Passive Online Media Users Bound By Terms Of Use, Woodrow Hartzog

Faculty Scholarship

When individuals turn on the television, listen to the radio, or purchase newspapers, they are not forming contractual relationships. Yet, almost without exception, online readers, viewers and listeners are required to enter into "terms of use" contracts. These ubiquitous agreements are generally unfavorable for the user in areas of intellectual property rights and privacy. In addition, the terms often restrict users' behavior and their ability to litigate any disputes with a Web site. In analyzing the implications of contracts for Web site users, this article examines whether courts have recognized a distinction between online consumers, interactive users, and "passive media …

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 …

Electronic Records And The Law Of Evidence In Canada: The Uniform Electronic Evidence Act Twelve Years Later, Luciana Duranti, Corinne M. Rogers, Anthony F. Sheppard

All Faculty Publications

This article analyzes the adequacy of The Uniform Electronic Evidence Act, twelve years after its adoption, in dealing with the complexity of the records created, used, or stored in the digital environment. In the face of rapidly changing technology, the authors believe that the nature and characteristics of electronic records cannot be accounted for by simple modifications to the existing law of evidence, but require a new enactment following upon a close collaboration among records professions, legal and law enforcement professions, and the information technology profession. The new rules, comprehensively encompassing issues of relevance, admissibility, and weight of electronic documentary …

Identity Scripts & Democratic Deliberation, Holning S. Lau

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

Archaeological Evidence For Resilience Of Pacific Northwest Salmon Populations And The Socioecological System Over The Last ~7,500 Years, Sarah K. Campbell, Virginia L. Butler

Anthropology Faculty Publications and Presentations

Archaeological data on the long history of interaction between indigenous people and salmon have rarely been applied to conservation management. When joined with ethnohistoric records, archaeology provides an alternative conceptual view of the potential for sustainable harvests and can suggest possible social mechanisms for managing human behavior. Review of the ~7,500-year-long fish bone record from two subregions of the Pacific Northwest shows remarkable stability in salmon use. As major changes in the ecological and social system occurred over this lengthy period, persistence in the fishery is not due simply to a lack of perturbation, but rather indicates resilience in the …

Ageism And Psychological Well-Being In Older Adults, Jenny Denver

LSU Doctoral Dissertations

Despite being faced with difficulties such as declining physical health and negative stereotypes, older adults are often able to maintain a positive sense of well-being in the face of such challenges (Mroczek & Kolarz, 1998). This finding is known as the paradox of well-being. The present study examined this phenomenon as it relates to the experience of ageism, reactions to aging as interpreted through identity process theory, and psychological well-being. The study is an exploratory examination of these factors in a sample of 137 community-dwelling older adults. It was hypothesized that 1) a greater experience of ageism would be associated …

Experimental And Numerical Analysis Of Fuel Cells, Abul Bashar Mahmud Hasan

LSU Doctoral Dissertations

Fuel Cells are attractive power source for use in electronic applications. Physical phenomena (water generation, saturation effect in fuel cell, poisoning, and thermal stress) are studied that governs the operation of a Proton Exchange Membrane Fuel Cell (PEMFC) and Solid Oxide Fuel cell (SOFC). Additionally, experimental studies and numerical simulations on PEMFC gas flow channel, the determination of the impact of the single channel fuel cell are presented. Furthermore, preliminary study is done for the application of APS (Air Plasma Spray) to SOFC and adhesion of anode and cathode with electrolytes for the determination of parameters involved in manufacturing the …

Explaining And Predicting Suggested Relationships Between Human Social Capital, Citizen Political Trust, And Citizen Political Engagement, James A. Gilmore, Jr.

LSU Doctoral Dissertations

The United States of America was built on the foundation of a representative democracy. Citizens engage in various political activities to elect representation to create policies and programs that may benefit individuals, groups of individuals, and special interests. A citizen’s type of political engagement and level of political engagement may be influenced by the individual and group resources a citizen possesses, as well as the citizen’s level of trust in government to respond to their individual or group needs. This study contributes to the literature on political engagement by suggesting factors that predict political engagement in the United States. The …

The Isolation Of Viruses Infecting Archaea, Kenneth M. Stedman, Kate Porter, Mike L. Dyall-Smith

Biology Faculty Publications and Presentations

A mere 50 viruses of Archaea have been reported to date; these have been investigated mostly by adapting methods used to isolate bacteriophages to the unique growth conditions of their archaeal hosts. The most numerous are viruses of thermophilic Archaea. These viruses have been discovered by screening enrichment cultures and novel isolates from environmental samples for their ability to form halos of growth inhibition, or by using electron microscopy to screen enrichment cultures for virus-like particles. Direct isolation without enrichment has not yet been successful for viruses of extreme thermophiles. On the other hand, most viruses of extreme halophiles, the …

Effects Of Emulsion Coatings On The Internal Quality And Shelf Life Of Eggs, Damir Dennis Torrico

LSU Master's Theses

Mineral oil (MO) is currently used for coating eggs to preserve quality. Chitosan possesses inherent antimicrobial and film-forming properties. Chitosan coating (CH) is dried much faster than MO when applied on egg shell. Information on synergistic effects of MO:CH emulsion coatings on egg quality does not exist. We developed MO:CH emulsion coatings, and evaluated their effects on internal quality and shelf-life of eggs during storage. In the first study, MO, CH and three emulsions (MO:CH = 75:25, 50:50, and 25:75) were evaluated during 5 weeks at 25°C. Haugh unit (HU) and yolk index values decreased whereas weight loss increased during …

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

Faculty Publications

No abstract provided.

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 …

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” …

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)

Role Of The Osmotic Stress Regulatory Pathway In Morphogenesis And Secondary Metabolism In Filamentous Fungi, Ana M. Calvo, R.M. Duran, J.W. Cary

Faculty Articles, Papers, and Other Scholarship

Environmental stimuli trigger an adaptative cellular response to optimize the probability of survival and proliferation. In eukaryotic organisms from mammals to fungi osmotic stress, mainly through the action of the high osmolarity glycerol (HOG) pathway, leads to a response necessary for adapting and surviving hyperosmotic environments. In this review we show that the osmoadaptative response is conserved but not identical in different fungi. The osmoadaptative response system is also intimately linked to morphogenesis in filamentous fungi, including mycotoxin producers. Previous studies indicate that the response to osmotic stress is also coupled to the biosynthesis of natural products, including mycotoxins.

Information Flow Patterns In Organizations: The Library In Focus, Joyce Chinyere Oyadonghan

Library Philosophy and Practice (e-journal)

The paper discusses information flow in organizations with special reference to the library of tertiary institutions. The vaccine or function of any academic institution is given a special consideration. The study employs an essential qualitative analysis approach to unravel the critical role played by information in the relationship between librarian and the clientele. In the study, the Shannon and Weaver model of communication (or information dissemination and sharing) was deployed for this purpose). In this study, we were able to establish that the free flow of information among library staff as well as between them and the clientele is necessary …

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 …

Bagram, Boumediene, And Limited Government, Marc D. Falkoff

Faculty Articles, Papers, and Other Scholarship

The United States’ prison at Bagram Airbase in Afghanistan is the latest front in the battle over the extraterritorial reach of the Constitution. Habeas litigation on behalf of Bagram detainees has begun establishing how the writ of habeas corpus extends beyond U.S. territory to active war zones, and it has begun to refine the limits of presidential power in the war on terror. This Article explains why, as the courts wrestle with these issues, their foremost task should be to determine whether the Constitution authorizes the U.S. government to suspend the protections of the writ, rather than to discover whether …

Power Series Expansions For Waves In High-Contrast Plasmonic Crystals, Santiago Prado Parentes Fortes

LSU Doctoral Dissertations

In this thesis, a method is developed for obtaining convergent power series expansions for dispersion relations in two-dimensional periodic media with frequency dependent constitutive relations. The method is based on high-contrast expansions in the parameter _x0011_ = 2_x0019_d=_x0015_, where d is the period of the crystal cell and _x0015_ is the wavelength. The radii of convergence obtained are not too small, on the order of _x0011_ _x0019_ 10􀀀2. That the method applies to frequency dependent media is an important fact, since the majority of the methods available in the literature are restricted to frequency independent constitutive relations. The convergent series …

Role Of Gastrointestinal Multidrug Resistance (Mdr1) Gene And P-Glycoprotein (P-Gp) In The Oral Absorption Of Methadone In Horses, Renata Lehn Linardi

LSU Doctoral Dissertations

Methadone is a mu-opioid receptor agonist which is a very effective analgesic used to treat moderate to severe acute and chronic pain in humans. Due to methadone’s minimal undesirable side-effects in people, we believed it could be of use in horses as an analgesic agent. As found with the majority of lipophilic drugs, absorption of methadone occurs primarily in the small intestine via transcellular transport and its absorption is regulated by P-glycoprotein. P-glycoprotein is a transmembrane transporter protein encoded by the multidrug resistance gene, which is constitutively expressed in the apical membrane of enterocytes of various species. This protein may …

Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble

Scholarly Works

In declaratory judgment actions brought by alleged infringers against rights holders, such as actions for declaration of invalidity or non-infringement of intellectual property rights, U.S. courts have long maintained that sending a cease-and-desist letter alone, absent other acts in an alleged infringer's forum, is not a sufficient basis for personal jurisdiction over the rights holder who mailed them to the alleged infringer's forum. Notwithstanding the similarities between cease-and-desist letters and notifications under the Digital Millennium Copyright Act (DMCA), the Tenth Circuit Court of Appeals recently decided that sending a notification alone does establish a basis for personal jurisdiction over the …

The Impact Of Hurricanes Katrina And Rita On The Louisiana Judicial System, Charles Simon Mccowan, Iii

LSU Master's Theses

This thesis is a case study of the impact of Hurricanes Katrina and Rita on the Louisiana court system and the response of the court system to the aftermath of these two hurricanes. Although this thesis focuses on one state’s court system’s response to two natural disasters, the research, conclusions and recommendations are transferable to other states. Hurricanes Katrina and Rita struck the Gulf Coast in 2005 devastating large areas in Louisiana, Texas, Mississippi and Alabama. Millions of people, including judges and attorneys, were forced to evacuate their homes, courts and law offices. The Hurricanes caused interruptions to both federal …

Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler

Articles by Maurer Faculty

This article provides a framework for thinking about Asian approaches to and impact on global health diplomacy and governance that might contribute to more sophisticated analyses on Asia in global health politics, diplomacy, and governance. First, the article examines the "rise of Asia" and "rise of health" as overlapping but unconnected developments in international relations. Second, it analyzes how the shift of power and influence towards Asia, largely caused by China's and India's emergence as great powers; affects global health politics and potential Asian contributions to global health diplomacy and governance in the future. Third, the article looks at normative …

Modeling Thermal Phenomena And Searching For New Thermally Induced Monitor Signals In Large Sale Gravitational Wave Detectors, Rupal Shashikant Amin

LSU Doctoral Dissertations

The Laser Interferometer Gravitational-wave Observatory (LIGO) array’s 4 km detectors have transitioned from an initial configuration (iLIGO) to an enhanced configuration (eLIGO) [1]. Both configurations relied on high circulating laser powers to achieve sensitivity goals between 150 Hz and 8 kHz. These power levels were sufficient to induce thermally driven focal affects in the primary optics. Since the detectors were designed to achieve maximum sensitivity when laser light was optimally coupled (mode matched) into the antenna, small deviations in focal parameters influenced performance. A laser based thermal compensation system (TCS) was installed for use in both configurations to counteract excessive …

Similarities And Differences In Self-Disclosure And Friendship Development Between Fact-To-Face Communication And Facebook, Pavica Sheldon

LSU Doctoral Dissertations

This research identified the patterns of self-disclosure between face-to-face and Facebook friends’ interactions. A survey of 317 participants was conducted to compare the hypothesized relationships among social attraction, self-disclosure, predictability and trust in three types of relationships: recently added Facebook friend, exclusive Facebook friend, and an exclusive face-to-face friend. Data was analyzed using structural equation modeling (SEM), multivariate analysis of variance (MANOVA), t-tests and correlations. Results indicated that individuals reporting high levels of social attraction also reported having greater self-disclosure with their latest added Facebook friend, exclusive Facebook friend and an exclusive face-to-face friend. This supports a theorem of Uncertainty …

Modulation Of Cholinergic Signaling In Embryonic Zebrafish: Anatomical And Behavioral Consequences, Evdokia Menelaou

LSU Doctoral Dissertations

Smoking during pregnancy remains a major health concern in the United States. Nicotine is one of the main ingredients of cigarettes and a neurotoxicant which has been purported to affect many aspects of nervous system development causing long-term abnormalities in the offspring. We took advantage of the zebrafish model to investigate the effects of nicotine in nervous system anatomy and function. It was previously reported that embryonic nicotine exposure causes pathfinding errors in secondary motoneuron (SMN) axons through the activation of nicotine acetylcholine receptors (nAChRs). However, the nicotine-induced effects on SMN pathfinding coincided with muscle degeneration. We hypothesized that nicotine …