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The Procedural Foundation Of Substantive Law, Thomas O. Main

Scholarly Works

The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also inherently procedural. I suggest that the construction of substantive law entails assumptions about the procedures that will apply when that substantive law is ultimately enforced. Those procedures are embedded in the substantive law and, if not applied, will lead to over- or under-enforcement of the substantive mandate. Yet the substance-procedure dichotomy encourages us to treat procedural systems as essentially fungible-leading to a problem of mismatches between substantive law and unanticipated procedures. I locate this argument about …

The Care Plan As An Indicator Of Change In Nursing Science Instruction: A Textbook-Based Analysis, Lindsay Bratton-Mullins

LSU Doctoral Dissertations

Sciences are critical in nursing education to aid the nurse in understanding health and disease processes. Accrediting bodies for nursing education have emphasized that educators teach in ways that encourage critical thinking and, therefore, produce safe-practicing, competent nurse graduates. Nursing care plans best reflect nursing education’s central goals. Because of its longevity of use and familiarity, in this study, the nursing care plan was used as a proxy for nursing science’s learning objectives. This research was a study of the nursing care plan as an indicator for change in nursing science education in the United States to determine if change …

A Taxometric Analysis Of Autism Spectrum Disorders In Toddlers, Jessica Ann Boisjoli

LSU Doctoral Dissertations

Autism Spectrum Disorders (ASD) are a group of neurodevelopmental disorders that are generally first diagnosed in childhood. With the advances in technology to identify this group of disorders, children are being identified at younger and younger ages. Early identification of ASD is critical due to the beneficial effects of early intensive behavioral interventions. While children are being diagnosed with the disorder at very high rates, etiology and definitions of the disorders are still being investigated. Great variability exists with regard to symptoms between individuals. Additionally, less is known about symptom expression in individuals without ASD and symptoms of ASD occurring …

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 …

The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman

Articles by Maurer Faculty

Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of …

The Unappreciated Inportance, For Small Business Defendants, Of The Duty To Settle, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

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 …

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 …

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 …

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 …

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 …

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 …

Protecting Privacy In Health Research: The Limits Of Individual Choice, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

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 …

Police "Science" In The Interrogation Room: Seventy Years Of Psuedo-Psychological Interrogation Methods To Obtain Inadmissible Confessions, Brian R. Gallini

UC Law Journal

Nearly all confessions obtained by interrogators nationwide are inadmissible, but nonetheless admitted. In the process, police arrest the wrong suspect and allow the guilty to go free. An unshakeable addiction to pseudo-scientific interrogation methods-initially created in the 1940s-is to blame. The so-called "Reid technique" of interrogation was initially a welcome and revolutionary change from the violent "third degree" method it replaced. But we no longer live in the 1940s and, not surprisingly, we no longer drive 1940s automobiles, practice early-twentieth-century medicine, or dial rotary phones. Why, then, are police still using 1940s methods of interrogation?

Moreover, the outdated Reid technique …

One Is The Loneliest Number: The Single Taxpayer In A Joint Return World, Lily Kahng

UC Law Journal

The United States is one of the few developed countries to retain the joint income tax return, available for heterosexual married couples only. Since its adoption in 1948, its underlying assumptions have been challenged on many valid grounds, and yet it remains firmly embedded in mainstream political and policy discourse. In recent years, most of the debate surrounding the joint return has focused on reducing marriage penalties, bonuses, and determining who among the universe of couples ought to be extended the benefit of the marriage bonuses. The treatment of single people has received almost no attention.

The scant attention paid …

The Effect Of Directed Attention Score Study Procedures On Music Majors' Error Detection In Three-Part Instrumental Music, Amanda Lynn Schlegel

LSU Doctoral Dissertations

The purpose of this study was to determine the effects of directing participant (N = 60) attention to one voice in three-part homophonic and polyphonic instrumental music on music majors’ detection of pitch and rhythm errors. Directed attention participants studied one voice prior to studying the entire score through either visual or aural methods. Visual group participants (n = 20) studied the voice of directed attention (VDA), which was color highlighted, in silence. Aural group participants (n = 20) studied the VDA in a three-phase treatment: sight-singing the VDA, using a piano and their own singing to correct any errors …

Put The Bunny Down, And Other Short Stories, Jacqueline Mersereau Lincoln

LSU Master's Theses

I have always been interested in stories, and parts of every story I have heard has shaped who I am as an adult. If I’m not telling others an anecdote of a moment turned into an adventure, I am inventing adventures to tell myself. Three characters developed from the mixture of the stories I heard from true life, books and television, and what I made up for myself. Originally I simply intended these characters of a little girl, a rabbit, and a few raccoons to interact with one another and show moments of individual stories—like illustrations in an anthology that …

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 …

Recreating The Image Of Women In Mexico: A Genealogy Of Resistance In Mexican Narrative Set During The Revolution, Julia Maria Schneider

LSU Master's Theses

Traditionally, women have been relegated to the margins of society, history, and culture in male-dominated environments. Patriarchal systems have long denied women to play an appropriate role in nation building and to enter the public sphere, as is the case in Mexico. The female participation during one of the country’s most critical periods, the Mexican Revolution, has largely been ignored. Through situating their narratives into the context of the Revolution and describing the obstacles and limiting conditions that women experience, Mexican writers such as Elena Poniatowska and Laura Esquivel criticize the status quo of social and gender politics in Mexico …

Grateful Gifts: Toward An Ethic Of Donativity, Clayton James Monck Alsup

LSU Master's Theses

Much recent work on the philosophical import of gifts comes in the wake of Jacques Derrida’s work Given Time I: Counterfeit Money, in which he claims that the gift is aporetic. This essay is an attempt to work out whether the gift is genuinely aporetic and, if it is not, to explore what this means for the gift. In the first chapter I will give an account of Derrida’s aporia as he presents it in Given Time. This will carefully lay out his reasons for thinking that the gift is im-possible, introduce the models of desire and duty, and explain …

Evaluation Of The Effectiveness Of Cooperative Learning Structures In Improving Students' Performance, Jonah Njenga

LSU Master's Theses

In a desperate attempt to improve high school classroom performances, recently, schools have begun to move towards incorporating cooperative learning strategies into their classrooms. Generally, cooperative learning strategies can be described as the use of small groups to encourage learners work together and accomplish shared goals and subsequently maximize theirs and others’ potential. In an attempt to evaluate the effectiveness of this strategy on classroom learning, this study compares the gains in means of scores between a group taught using cooperative learning strategies and another group taught using non-cooperative learning strategies. Fifty-three students taking Algebra I were given a pretest …

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 …

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 …

Essays On Three Price Judgments: Price Fairness, Price Magnitude, And Price Expectation, Sandeep Bhowmick

LSU Doctoral Dissertations

This dissertation addresses three important price judgments: price fairness, price magnitude, and price expectation. Developed over three chapters, the main objective of this research is to determine underlying differences in these three price judgments. These differences are based on conceptualizing price fairness as a combination of affective and cognitive components, whereas price magnitude and price expectation reflect different cognitive aspects of price judgment. Chapter 1 provides a literature review and identifies several research questions related to these three price judgments; Chapters 2 and 3 provide testable hypotheses and conduct three pretests and two experiments to test the hypotheses. Using structural …

Individual Differences And Memory Aging Concerns Of Older Adults, Emily Olinde Boudreaux

LSU Doctoral Dissertations

The present research was designed to address two issues with respect to the self-reported memory functioning of older adults. The first issue concerns older adults’ practical memory concerns, defined as self-appraisals of one’s own memory that include worries, apprehension, and fears about aging that relate to memory. We used a mixed method approach in this study to provide a comprehensive assessment of self-reported memory functioning based on quantitative (the Memory Functioning Questionnaire, the Memory Controllability Inventory) and qualitative (the Practical Memory Concerns survey) indicators. The second issue concerns the contribution of individual difference to older adults’ self-perceived memory functioning. The …

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 …

The Relationship Among Self-Efficacy, Negative Self-Statements, And Social Anxiety In Children: A Mediation, Brittany Nicole Moree

LSU Master's Theses

Evidence suggests that general self-efficacy, one’s beliefs about his or her global abilities, and social self-efficacy, one’s beliefs in his or her ability to navigate social situations, are strongly connected to levels of social anxiety. Negative self-statements, also known as negative self-referent cognitions, have also been linked with levels of social anxiety. Although self-efficacy and negative self-statements have been shown to be important variables in the phenomenology and maintenance of social anxiety in children, they have yet to be examined in conjunction with one another. The purpose of this study was to examine the relationship between negative self-statements and selfefficacy …

Transactional Distance Theory: The Effect Of Disseminating Educational Messages To Frontline Nurses In An Acute Care Hospital Setting, Wanda G. Hughes

LSU Doctoral Dissertations

Registered nurses (RNs)working in acute care hospitals that provide services 24 hours a day 7 days a week with a variety of schedules are a challenge for Nurse Managers to communicate rapidly changing, important educational messages in a timely and efficient manner. These RNs can be considered dispersed, or distanced, employees from their Nurse Managers. Moore’s (1972) Theory of Transactional Distance was the theoretical framework to explore the effects of disseminating educational messages via email from Nurse Managers to frontline RNs working in an acute care hospital that provides services 24 hours a day 7 days a week. A researcher-developed …

Hoffman V Red Owl Stores And The Limits Of The Legal Method, Robert E. Scott

UC Law Journal

According to the overwhelming majority view, promissory estoppel is not an appropriate ground for legally enforcing statements made during preliminary negotiations unless there is a "clear and unambiguous promise" on which the counterparty reasonably and foreseeably relies. Bill Whitford and Stewart Macaulay were among the first scholars to note the apparent absence of such a promise in the case of Hoffman v. Red Owl Stores. Several years ago, after studying the trial record, I concluded that the best explanation for the breakdown in negotiations was the fundamental misunderstanding between the parties as to the amount and nature of Hoffmann's equity …