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2010

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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.


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.


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 Jan 2010

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 …


The Isolation Of Viruses Infecting Archaea, Kenneth M. Stedman, Kate Porter, Mike L. Dyall-Smith Jan 2010

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 Jan 2010

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 Jan 2010

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

Faculty Publications

No abstract provided.


Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao Jan 2010

Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao

All Faculty Publications

This paper was produced for “In Berle’s Footsteps,” a symposium marking the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society at the University of Seattle School of Law. It considers the light that the “derivatives revolution” sheds on the theoretical perspectives of Roberto Unger and Adolf Berle. While an unlikely pair, both Unger and Berle focused, in different ways, on the same issues: property, the power associated with property, and the impact of “smashing the atom” of traditional property rights. For Unger, breaking down consolidated property holding at the societal level was a pro-democratic move. …


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 …


The Psychology Of Good Character, Alice Woolley, Jocelyn Stacey Jan 2010

The Psychology Of Good Character, Alice Woolley, Jocelyn Stacey

All Faculty Publications

This paper explores the significance of the changing nature of the good character requirement for law society admission in Canada. It posits that good character has shifted from a philosophical concept into a psychological concept, with evidence of past bad acts claimed to be relevant for whether an applicant represents a future risk to the public. This shifting conception of character has, however, been only partial, and the decision-making processes of Canadian law societies have not kept pace with it. Instead, the decision-making process defines character generally and generically, with only occasional emphasis on character as a relevant predictor of …


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 …


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” …


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)


Of Camels And “Ca-Mail”: Engaging Complex Representations Of Bedouins In Activism, Emily Mckee Jan 2010

Of Camels And “Ca-Mail”: Engaging Complex Representations Of Bedouins In Activism, Emily Mckee

Faculty Articles, Papers, and Other Scholarship

While conducting fieldwork with environmental justice activists in the Negev region of Israel, I faced a troubling dilemma regarding representations: Having observed strategic essentialism in activist publicity, how should I uphold both scholarly and socio-political responsibilities? In this article, I suggest that observations of strategic essentialism can help us unmask the power dynamics that shape the rules of public discussion in a society. Taking the example of romantic portrayals of Bedouins as indigenous farmers, I use this image as a springboard in my writing to consider why this essentialization holds rhetorical power in Israel. What does it say about the …


Lifting As We Climb: Experiences Of Black Diversity Officers At Three Predominantly White Institutions In Kentucky, Erica Nićcole Johnson Jan 2010

Lifting As We Climb: Experiences Of Black Diversity Officers At Three Predominantly White Institutions In Kentucky, Erica Nićcole Johnson

University of Kentucky Doctoral Dissertations

Recently, colleges and universities across the country have created executive level positions responsible for institutional diversity. The origins of this work within higher education lay in the civil rights movements and its consequences for desegregation of higher education. Early diversity officer positions usually resided within student affairs. However, as the responsibilities of these offices have changed, the reporting lines have also changed such that diversity officers are now commonly situated within academic affairs. This exploratory study examines these administrative positions responsible for diversity at southern white institutions. The research takes an in-depth look at how these positions have shifted over …


Monetary Recoveries For State Crime Victims, Jeffrey A. Parness, Laura Lee, Ed Laube Jan 2010

Monetary Recoveries For State Crime Victims, Jeffrey A. Parness, Laura Lee, Ed Laube

Faculty Articles, Papers, and Other Scholarship

Crime victim recoveries are typically available in American states through three separate, but related, avenues: a criminal proceeding (with or without a formal charge); a related civil claim (including a pre-suit settlement); and, a related administrative or special court proceeding. Multiple avenues can be pursued simultaneously. These avenues often, but not always, have constitutional as well as statutory foundations. Unfortunately state crime victims often go without recovery. Barriers to recovery include intrastate and interstate confusion over terms like restitution and victim. More can be done for victims, especially during criminal case sentencing. Unlike federal district courts, state criminal courts typically …


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 …


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 …


Bagram, Boumediene, And Limited Government, Marc D. Falkoff Jan 2010

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 …


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 …


The Impact Of Structural Adjustment Loans On Civil Conflict, Lue Anda Francis Jan 2010

The Impact Of Structural Adjustment Loans On Civil Conflict, Lue Anda Francis

LSU Master's Theses

This paper examines the impact of structural adjustment loans of the International Monetary Fund and the World Bank on Civil Conflict. The paper argues that there are three major shortcomings to previous research on this topic. Previous research has focused more on grievances with little focus on the opportunities that may influence rebel behavior. In addition, previous research has placed little focus on the role of state capacity can play in affecting rebel behavior. As such previous research has not fully explained how both opportunities and willingness (Most & Starr 1989) are necessary conditions needed for civil conflict to occur …


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 …


In Search Of The Reasonable Woman: Anti-Discrimination Rhetoric In The United States, Francis J. Mootz Iii Jan 2010

In Search Of The Reasonable Woman: Anti-Discrimination Rhetoric In The United States, Francis J. Mootz Iii

Scholarly Works

This article emerged from my participation in a Symposium addressing global perspectives on the topic, "Anti-Discrimination Discourse and Practices," sponsored by The Jean Monnet Chair of European Law at Cagliari University, Sardinia. The article examines the rhetorical development of the "reasonable woman" standard of hostile work environment sexual harassment under Title VII. I argue that the rhetorical framing of the standard has unnecessarily limited its impact, perhaps to the point of undermining its potential to radically revise our understanding of gender discrimination. I suggest how the rhetorical power of the standard might be recovered.


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 …


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 …


Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble Jan 2010

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 …


Report And Recommendations On The Status Of Clinical Faculty In The Legal Academy, Katherine R. Kruse Jan 2010

Report And Recommendations On The Status Of Clinical Faculty In The Legal Academy, Katherine R. Kruse

Scholarly Works

"Report and Recommendations on the Status of Clinical Faculty in the Legal Academy" identifies and evaluates the most appropriate modes for clinical faculty appointments in the legal academy, concluding that legal education is best served when full-time clinical faculty are appointed predominantly on a unitary tenure-track model. Drawing on data collected through a survey of clinical program directors and faculty, the Report analyzes the five most identifiable clinical faculty models: unitary tenure track; clinical tenure track; long-term contract; short-term contract; and clinical fellowships. It determines that, despite great strides in the growth of clinical legal education in the last 30 …


The Impact Of Hurricanes Katrina And Rita On The Louisiana Judicial System, Charles Simon Mccowan, Iii Jan 2010

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 Jan 2010

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 …


Spatial Analyses Of Pedosphere Carbon Stock And Sequestration Potential In Louisiana's Watersheds, Biao Zhong Jan 2010

Spatial Analyses Of Pedosphere Carbon Stock And Sequestration Potential In Louisiana's Watersheds, Biao Zhong

LSU Doctoral Dissertations

This dissertation research aimed to quantify current soil organic carbon (SOC) stocks across Louisiana’s landscape, examine the spatial relationships between SOC and terrain factors at the watershed and river basin scales, and predict SOC changes in surface soils during future climate change. Using Louisiana as an example, a spatially-explicit modeling framework was developed that is conducive to watershed-scale prediction of soil carbon stock and change. SOC densities at the watershed scale were estimated using the USDA NRCS Soil Geographic Database (STATSGO). Louisiana watersheds and National Land Cover Database (NLCD) were used to aggregate total soil carbon and estimate average soil …


Inspire: The Confluence Of Art & Design, John Mark Lawler Jan 2010

Inspire: The Confluence Of Art & Design, John Mark Lawler

LSU Master's Theses

Inspire: The Confluence of Art & Design seeks to untangle the inextricable link between graphic design and art. Graphic design has always been seen simply as an informational or sales tool; rarely is it seen as art. The work presented in this show illustrates that works created with typography can, in fact, be one and the same.