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2010

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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 …

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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 …

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

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

Faculty Articles, Papers, and Other Scholarship

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

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American State Constitutional Equalities, Jeffrey A. Parness Jan 2010

American State Constitutional Equalities, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

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

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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 …

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Ancestral Determination From Foramen Magnum, Stephanie Marie Crider Jan 2010

Ancestral Determination From Foramen Magnum, Stephanie Marie Crider

LSU Master's Theses

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

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The 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 …

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

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

LSU Doctoral Dissertations

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

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

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

LSU Doctoral Dissertations

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

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

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

LSU Master's Theses

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

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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.

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

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

Scholarly Works

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

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

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

LSU Master's Theses

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

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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 …

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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 …

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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 …

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Institutional Design And The Economy: Disentangling The Effects Of Judicial Independence And Judicial Review On Economic Development, Kaitlyn Louise Sill Jan 2010

Institutional Design And The Economy: Disentangling The Effects Of Judicial Independence And Judicial Review On Economic Development, Kaitlyn Louise Sill

LSU Doctoral Dissertations

Scholars, politicians, and economic leaders widely believe that an independent, efficient judiciary facilitates economic growth. However, relatively few empirical studies have been conducted to evaluate the relationship between the judiciary and the economy. As a result, we have a limited and an ambiguous understanding of the effect of courts. In this dissertation, I provide insight into the relationship between the judiciary and economic growth by disentangling judicial independence and judicial review and evaluating their effects using a large-n, comparative research design. I empirically demonstrate that judicial independence and judicial review are conceptually distinct and have independent and varying effects on …

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An Approach To Performing Handel Sonatas On The Saxophone, Amy Griffiths Jan 2010

An Approach To Performing Handel Sonatas On The Saxophone, Amy Griffiths

LSU Doctoral Dissertations

The saxophone has a long history with transcriptions and arrangements, which augment the saxophone’s repertoire and provide an historical context through which saxophonists may experience music that predates the invention of their instrument. Transcriptions, particularly those from the baroque period, provide excellent pedagogical material for inexperienced students whose educational needs would perhaps not be best served by more contemporary music. The various transcriptions of baroque music contributed by Marcel Mule and Sigurd Raschèr continue to be valuable additions to the repertoire, serving students’ pedagogical needs by providing appealing, accessible, and suitably challenging music. However, these transcriptions provide only a minimum …

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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 …

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Stacy Garrop's Settings Of Sonnets By Edna St. Vincent Millay: A Conductor's Analysis, Justin W. Durham Jan 2010

Stacy Garrop's Settings Of Sonnets By Edna St. Vincent Millay: A Conductor's Analysis, Justin W. Durham

LSU Doctoral Dissertations

Stacy Garrop is an emerging composer of choral and orchestral music. The focus of this research is to provide information on her career and compositional style and to provide a conductor’s analysis of six multi-movement a cappella works which set to music sonnets by Edna St. Vincent Millay. Works to be examined: Sonnets of Love and Chaos (2001) Sonnets of Vanity, Loss, and Rapture (2002) Sonnets of War and Mankind (2003) Sonnets of Desire, Longing, and Whimsy (2004) Sonnets of the Fatal Interview (2005) Sonnets of Beauty and Music (2006) The document is divided into nine chapters tracing the musical …

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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 …

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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.

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Similarities And Differences In Self-Disclosure And Friendship Development Between Fact-To-Face Communication And Facebook, Pavica Sheldon Jan 2010

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 …

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Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson Jan 2010

Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson

Scholarly Works

This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.

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Acadiana And The Cajun Cultural Landscape: Adaption, [Sic] Accommodation Authenticity, Joseph Jerome Mckernan Jan 2010

Acadiana And The Cajun Cultural Landscape: Adaption, [Sic] Accommodation Authenticity, Joseph Jerome Mckernan

LSU Master's Theses

The following points are important for this discussion of Acadiana and the Cajun Cultural Landscape: First, in order to fully understand the Cajun nature and what makes the Cajuns distinct, we must explore their history from the time they arrived on the shores of North America to the present. Without doing this, we cannot truly understand their way of life and where it came from; Second, what and where is Acadiana--the Cajun homeland--and what are its socioeconomic and demographic characteristics; Third, how have folk culture and celebration of heritage mediated Cajun culture; Fourth, why are these traditions manifested in what …

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Modulation Of Cholinergic Signaling In Embryonic Zebrafish: Anatomical And Behavioral Consequences, Evdokia Menelaou Jan 2010

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 …

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Holding The World Bank Accountable For The Leakage Of Funds From Africa's Health Sector, Fatma E. Marouf Jan 2010

Holding The World Bank Accountable For The Leakage Of Funds From Africa's Health Sector, Fatma E. Marouf

Scholarly Works

This article explores the accountability of international financial institutions (IFIs), such as the World Bank, for human rights violations related to the massive leakage of funds from sub-Saharan Africa’s health sector. The article begins by summarizing the quantitative results of Public Expenditure Tracking Surveys performed in six African countries, all showing disturbingly high levels of leakage in the health sector. It then addresses the inadequacy of good governance and anticorruption programs in remedying this problem. After explaining how the World Bank’s Inspection Panel may serve as an accountability mechanism for addressing the leakage of funds, discussing violations of specific Bank …

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Head Shaping Of The Ancient Maya At Wild Cane Cay And Moho Cay, Belize, Kellye Alyse French Jan 2010

Head Shaping Of The Ancient Maya At Wild Cane Cay And Moho Cay, Belize, Kellye Alyse French

LSU Master's Theses

As a sign of beauty or status, the ancient Maya shaped the skulls of their infants, resulting in what modern researchers see as several forms of cranial modification. My project consists of the study of cranial modification of the coastal Maya from two trading ports, including an Early Classic (A.D. 300-600) sample Moho Cay, Belize, and a Postclassic (A.D. 900-1300) sample from Wild Cane Cay, Belize. Using the classification set forth by Dembo and Imbelloni, I calculate the type of cranial modification found at each site. I then create gender, temporal, and spatial distributions and compare the results to other …

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In Sickness And In Health: Experiencing Medical Spaces In Mbarara (Uganda), Kara E. Miller Jan 2010

In Sickness And In Health: Experiencing Medical Spaces In Mbarara (Uganda), Kara E. Miller

LSU Master's Theses

This thesis is a contribution to cross-cultural studies on health and medicine explored through the material and symbolic facets of health care in a region of Southwest Uganda. Research conducted in the healing spaces of Mbarara reflects traditions in the anthropology of the body and brings a lived perspective to conditions of sickness and wellness. By tracing the biographies of treatment spaces, the medical landscape is evaluated in terms of participants’ perceptions, convictions, and knowledge sets. Phenomenological methodology is employed in this exploration of ill states and curative places, which braids concepts and academic work in the areas of medicine, …

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"Objection: Your Honor Is Being Unreasonable!"--Law And Policy Opposing The Federal Sentencing Order Objection Requirement, Benjamin K. Raybin Jan 2010

"Objection: Your Honor Is Being Unreasonable!"--Law And Policy Opposing The Federal Sentencing Order Objection Requirement, Benjamin K. Raybin

Vanderbilt Law Review

"I think you ought to object, counselor," boomed the judge.' One could not help but to be taken aback: this instruction was not directed towards a pro se defendant, nor was it addressing an action by an opposing party. Instead, the judge had actually suggested-with a straight face and a hint of irony-that an attorney object to the sentence the judge had just imposed. Unlike the attorney, the judge had been following the development of a quirk in the circuit's sentencing law. In United States v. Vonner, the Sixth Circuit had recently held that a party must object to a …

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