Digital Commons Network^™

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 …

Where Cultures And Sovereigns Collide: Balancing Federalism, Tribal Self-Determination, And Individual Rights In The Adoption Of Indian Children By Gays And Lesbians, Steve Sanders

Articles by Maurer Faculty

This article analyzes the complex interplay between adoption (traditionally a matter reserved to state family law) and the federal Indian Child Welfare Act in the context of adoptions by gays and lesbians.

As a federal statute that partially preempts state law for the benefit of Native Americans, ICWA implicates three sovereigns: the United States, the state where the adoption petition is brought, and the tribe whose child is the focus of the proceeding. This interplay of sovereigns in itself makes Indian child welfare law complicated and interesting. Beyond these sovereign interests, also to be considered are the interests and rights …

Why They Stay And Why The Go: A Study Of Retention And Attrition During The Transition From Middle To High School In The Large-Ensemble Instrumental Music Classroom, Kathryn Elizabeth Strickland

LSU Master's Theses

In this qualitative study, I investigated factors related to three eighth grade instrumental music students’ long-term commitment to school band. Each student represented a different category of intention: one was committed to being a band member long-term, one was not, and one was unsure. Framing the study were perceptions of character, personality, attitudes, and motivations in the context of pending decisions to continue or discontinue participation. More broadly, locus of control and characteristics from attribution theory were examined. Interviews, observations and questionnaire results revealed that locus and attribution style each bear on students’ inclinations to remain in band. All students, …

The Effects Of A Freshwater Diversion Of Nekton Species Biomass Distributions, Food Web Pathways, And Community Structure In A Louisiana Estuary, Kim De Mutsert

LSU Doctoral Dissertations

A current method to restore Louisiana’s estuaries includes reintroducing freshwater and sediments to wetlands that are hydrologically isolated from the Mississippi River due to the construction of levees. In this dissertation, I examined effects of the second largest freshwater diversion in Louisiana, the Caernarvon Freshwater Diversion (CFD), on estuarine nekton in Breton Sound. Before focusing on Breton Sound, I examined the status of nekton communities in the northern Gulf of Mexico (GOM), and Louisiana wetlands in particular, using the mean trophic level index (MTLI). I demonstrated that commercial targeting caused the previously reported low and declining MTLI from the GOM. …

Effect Of Resistant Starch On Microbial Content Of The Intestinal Tract, Reshani Nisansala Senevirathne

LSU Doctoral Dissertations

Resistant starch (RS) increases beneficial gastro-intestinal bacterial populations simultaneously increasing short-chain fatty acids (SCFA) such as butyrate. Butyrate acts as energy source for epithelial cells of colonic mucosa which stimulates intestinal cell proliferation and has been implicated as important in reducing obesity, diabetes and cancer. The Lactobacillus spp, Bifidobacterium spp, Bacteroides thetaiotaomicron, Clostridium cluster IV and Clostridium cluster XIV are mainly involved in the production of butyrate by fermenting RS in the large intestine. With age there is a decline in these gut bacteria, but in the present study RS and diet restriction both enhanced the bacteria involved in butyrate …

Patent Misuse And Innovation, Marshall Leaffer

Articles by Maurer Faculty

No abstract provided.

Statute Of Anne: Today And Tomorrow, Marshall Leaffer, Peter Jaszi, Craig Joyce, Tyler Ochoa

Articles by Maurer Faculty

No abstract provided.

The History Of Holy Rosary Institute, Don J. Hernandez

LSU Doctoral Dissertations

ABSTRACT Holy Rosary Institute began as an industrial school for African American young women in Galveston, Texas, during the last quarter of the nineteenth century. In 1913 it moved to Lafayette, Louisiana, and in 1947 began admitting males as well as women. It closed in 1993. Through much of its history, this secondary school was staffed primarily by the Sisters of the Holy Family, the second oldest order of African American nuns in the United States, and the Divine Word Missionaries, one of the earliest groups of Catholic priests to accept African American candidates for the priesthood. In 1992, Gerard …

Impeach Brent Benjamin Now!? Giving Adequate Attention To Failings Of Judicial Impartiality, Jeffrey W. Stempel

Scholarly Works

In Caperton v. A.T. Massey Coal Co., Inc., 129 S. Ct. 2252 (2009), the Supreme Court by a 5-4 vote vacated and remanded a decision of the West Virginia Supreme Court of Appeals in which Justice Brent Benjamin cast the deciding vote in favor of Massey, a company run by Don Blankenship, who had provided $3 million in support to Benjamin during his 2004 election campaign.

Despite the unsavory taste of the entire episode, the Court was excessively careful not to criticize Justice Benjamin. Overlooked because of this undue judicial civility and controversy about the constitutional aspects of the decision …

Refocusing Away From Rules Reform And Devoting More Attention To The Deciders, Jeffrey W. Stempel

Scholarly Works

The issue of judicial competence and integrity is particularly troubling in the wake of Caperton v. A.T. Massey Coal Co., where the U.S. Supreme Court vacated a state supreme court decision in which a justice—who had received at least $3 million in campaign support from a litigant—cast the deciding vote to relieve the litigant of a liability award of $50 million ($82 million with interest). The Court reached this result, one I view as compelled by common sense, through a 5-4 vote. The dissenters, led by Chief Justice Roberts and Justice Scalia, minimized the danger of biased judging presented by …

The Insurance Policy As Statute, Jeffrey W. Stempel

Scholarly Works

Insurance policies are classified as a subspecies of contract. Although the taxonomy is correct, rigid adherence to this classification system limits the legal system's ability to deal with some of the most problematic and frequently litigated questions of insurance coverage. Restricting conception of insurance policies to the contract model unduly limits analysis of the meaning and function of the policies. In addition, restricting characterization of insurance as a matter of “contract” does not necessarily produce swift, inexpensive, efficient, or uniform decisions (to say nothing about accuracy, justice, or fairness). Within contract law, scholars, and courts differ over the respective primacy …

Completing Caperton And Clarifying Common Sense Through Using The Right Standard For Constitutional Judicial Recusal, Jeffrey W. Stempel

Scholarly Works

In Caperton v. A.T. Massey Coal Co., the U.S. Supreme Court vacated a state supreme court decision in which a justice who had received $3 million in campaign support from a litigant cast the deciding vote to relieve the litigant of a $50 million liability. The Court reached this result, one I view as compelled by common sense, through a 5-4 vote, with the dissenters, led by Chief Justice John Roberts and Justice Antonin Scalia, minimizing the danger of biased judging presented by the situation and questioning the practical feasibility of the Court's approach as well as the wisdom of …

Corrosion Behavior Of Copper Thin Films In Organic Hf-Containing Cleaning Solution For Semiconductor Applications, Nabil George Mistkawi, Makarem A. Hussein, Malgorzata Ziomek-Moroz, Shankar B. Rananavare

Chemistry Faculty Publications and Presentations

The corrosion behavior of electrochemically deposited copper thin films in deaerated and non-deaerated commercial cleaning solutions containing HF was investigated. Potentiodynamic polarization experiments were carried out to determine active, active–passive, passive, and transpassive regions. Corrosion rates were calculated from Tafel slopes. The addition of hydrogen peroxide to the solution and its influence on corrosion was also investigated by employing inductively coupled plasma-mass spectroscopy (ICP-MS) and X-ray photoelectron spectroscopy (XPS). The ICP-MS and potentiodynamic methods yielded comparable Cu dissolution rates. Surface analysis using atomic force microscopy and scanning electron microscopy, performed before and after the cleaning solution treatment, did not reveal …

Study Of Host-Fungus Interactions Between Soybean And Phakopsora Pachyrhizi Using Proteomics, Sunjung Park

LSU Doctoral Dissertations

Asian soybean rust, caused by Phakopsora pachyrhizi, is an emerging disease in the continental U. S. and resistant commercial varieties have not been reported. In an effort to understand the interactions during rust infection of soybean, protein profile changes were examined over a 14-day period in soybean leaves of one susceptible commercial line (Pioneer 93M60) with or without soybean rust inoculation using proteomics in this study. Forty protein spots differentially expressed after rust inoculation were identified and fourteen of them were recovered and sequenced. These included proteins involved in plant defense, stress, metabolism, and other biological processes. During the time-course …

What Content Makes People Want To Use Sports Websites?, Cara Francesca De Carlo

LSU Master's Theses

This study looked at sports websites to see how the variables information, humor, entertainment, community, and credibility affected sports website users’ intentions to use and re-use sports websites. Three groups of 25 and one group of 30 participants each completed a website viewing activity and corresponding survey. There were four website viewing activities (one for each group). The activities led participants on tours of ESPN.com, Deadspin.com, Football Outsiders, and Yahoo! Sports. Furthermore, the tours were designed to expose participants to the variables (as defined under disposition theory and uses and gratifications). Likewise, the corresponding survey assessed participants’ intentions to use …

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, Jean R. Sternlight

Scholarly Works

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources. This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication …

A Performance Guide To Lori Laitman's Living In The Body, Kathryn Mary Drake

LSU Doctoral Dissertations

The purpose of this document is to provide a complete performer’s guide to American composer Lori Laitman’s Living in the Body, a song cycle consisting of six songs for soprano and saxophone set to the poetry of Joyce Sutphen. Living in the Body is one of very few cycles written for soprano and saxophone, and the combination is both unusual and interesting to investigate. The cycle explores letting go of the past and focusing on what will happen in the second half of life. The text is set expertly for soprano, bringing important words to the listener’s attention while keeping …

Friction And Wear At Elevated Velocities, Adam Lodygowski

LSU Doctoral Dissertations

Severe contact stress problems generate high temperature and create thermomechanical gouging and wear due to high velocity sliding between contacting materials. The major consideration is to develop an experimental and theoretical model for the material constitutive behavior in order to better characterize and predict the internal failure surroundings the gouging and wear events and understand the physical behavior of high speed contact environment. An enhancement of an existing tribometer device developed by Philippon et al. [2004] is made up of a dynamometer ring and a load sensor that allows to apply an apparent normal force on specimens and measure frictional …

Understanding The Economic Factors That Impact The Financial Health Of Local Governments, John David Barreca

LSU Master's Theses

The state of Louisiana has been hit by several severe hurricanes in recent years, and these disaster events have placed a financial burden on parish budgets. As such, local governments have been compelled to bear various cleanup and recovery costs in the short and long term. Therefore, this research sought to evaluate the factors that drive the variation in the financial health of local governments in Louisiana. This research made two contributions. The first contribution sought to develop a comprehensive measure of economic activity at the county level, and the second contribution used econometric methods to estimate the effect of …

Post-Diaster Family Resilience: The Use Of Humor As A Coping Strategy, Bridgette Boe O'Connor

LSU Master's Theses

The purpose of this study was to investigate the use of humor as a coping strategy among Hurricane Katrina survivors. The data for this study were collected in the first wave of a larger project on families and disasters. Using Geographic Information Systems (GIS) by combining Census data with storm damage estimates and purposive sampling, 50 participants affected by Hurricane Katrina from a single suburban community in Southern Louisiana in early spring 2006 were recruited and interviewed. When the interviews were qualitatively analyzed with a focus on humor, it became clear that families used humor even at such a devastating …

The Feminization Of Private Investigation: A Sociological Analysis, Jessica Simpson Pearce

LSU Doctoral Dissertations

This dissertation outlines the occupation of private investigation and the role that females play within that profession. The difficulties women experience in male-oriented occupations remains noteworthy in sociological research today. Progress has been made, yet many barriers still exist for women. These include structural, social, and cultural factors that influence women and/or the jobs that they hold. With the completion of interviews with twenty-six female private investigators, I was able to analyze the existing structural, interactional, and gender barriers which moderate the number of women that work as private investigators. Few studies have examined this occupation and this gap may …

Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Project Configuration, Mark D. Janis, Susan Scafidi, Orit Fischman Afori, Wendy J. Gordon, Jonathan Moskin

Articles by Maurer Faculty

No abstract provided.

The Impact Of Overfitting And Overgeneralization On The Classification Accuracy In Data Mining, Huy Nguyen Anh Pham

LSU Doctoral Dissertations

Current classification approaches usually do not try to achieve a balance between fitting and generalization when they infer models from training data. Such approaches ignore the possibility of different penalty costs for the false-positive, false-negative, and unclassifiable types. Thus, their performances may not be optimal or may even be coincidental. This dissertation analyzes the above issues in depth. It also proposes two new approaches called the Homogeneity-Based Algorithm (HBA) and the Convexity-Based Algorithm (CBA) to address these issues. These new approaches aim at optimally balancing the data fitting and generalization behaviors of models when some traditional classification approaches are used. …

Edaphic And Vegetative Controls On Mercury Cycling In Oligohaline Wetlands, Jonathan M. Willis

LSU Doctoral Dissertations

With the expansion of the human population and associated industries there is a concomitant increase in both resource utilization and the production of waste and deleterious by-products. Mercury is a naturally-occurring toxic metal with a complicated and unique biogeochemical cycle, and is often a contaminant of ecotoxicological concern in unindustrialized aquatic habitats. The research described herein was designed to elucidate multiple aspects regarding the behavior of mercury in oligohaline wetland habitats, particularly with respect to edaphic and vegetative effects, through a monitoring and characterization study as well as a series of manipulative experiments. The observational study, conducted in the wetlands …

Stereotype And Representation Of Near And Middle Eastern Peoples In La Bande Dessinee, Brandon Matthew Thomas

LSU Master's Theses

Representation of social groups in the comics is serious. In 2006, a series of twelve cartoons published in a Danish newspaper sparked a controversy that precipitated the deaths of hundreds of people. The images depicted Mohammed and other images that supposedly mocked Islam. All across Europe, the Middle East, and North Africa protesters paraded through the streets, some calling for the death of the cartoonists. Trials in Europe over the publication of these cartoons resulted in several firings. Counter protests have also arisen. These protesters found grievance with the firings, claiming that the freedom of the press was being violated …

Low Co-Cultivation Temperature At 20oc Improved Agrobacterium Tumefaciens-Mediated Transformation Of Tobacco Leaf Disks, Guiying Su

LSU Master's Theses

I investigated the effect of co-cultivation temperature and binary Ti vectors on the fresh weight yield of leaf disks of tobacco (Nicotiana tabacum L. cv. Xanthi (nn, Smith) after Agrobacterium tumefaciens-mediated transformation. I concluded that the temperature at 20ºC during co-cultivation of leaf disks with A. tumefaciens was the most critical factor on the reproducible enhancement of fresh weight yield. The highest fresh weight increase and presumably transformation efficiency was achieved under the following experimental conditions: A. tumefaciens strain LBA4404 containing pLSU binary Ti vector was grown overnight at 28oC in liquid Agrobacterium medium and the concentration was adjusted to …

Influences On Public Support For Green Infrastructure: An Examination Of Urban Wetland Restoration In Post-Katrina New Orleans, Lynette C. Overholser

LSU Master's Theses

The research examines patterns of likely support for urban wetland restoration in the Greater New Orleans area. Through multi-variate statistical analysis of responses derived from an original survey of homeowners in New Orleans, key factors are identified that explain variation in residents’ willingness to accept such areas and their perceptions of ecological benefits associated with a theoretical wetlands restoration design for the Gentilly area. Further, the analysis determines the extent to which direct experience with Hurricane Katrina may influence public support for this and other green infrastructure projects. The results of the data collected show that many people in New …

Cold Looks And Hot Tempers: Individual-Level Effects Of Incivility In The Workplace, Shannon G. Taylor

LSU Doctoral Dissertations

The deleterious effects of workplace incivility have been widely decried by practitioners and the popular press, but empirical evidence in this regard has only recently begun to accrue in the academic literature. As such, the present study examines the empirical validity of theoretically relevant attitudinal, health-related, and performance outcomes affected by workplace incivility. Hypotheses were tested with data obtained from individuals employed in a diverse range of for-profit and not-for-profit industries, organizations, and occupations and their supervisors. Results demonstrate that experiences of workplace incivility adversely affect employee attitudes and well-being; that workplace incivility experiences may indirectly affect feelings of burnout …

Creating Brands Online: Third Party Opinions And Their Effect On Consumers' Trust In Brands And Purchase Intentions, Pavel Mrazek

LSU Master's Theses

Consumer lack of trust in online vendors and brands is identified as one of the biggest obstacles in the growth of e-commerce. This study examined how third-party product reviews help in building consumers’ trust, in consumers’ perception of product quality, their brand attitudes and consumers’ purchase intention. The six cell experimental design tested the effect of consumer and expert online product reviews on fictitious web sites for high-involvement and low-involvement products. The findings indicate that online consumer product reviews perform better than online expert product reviews and no product reviews. Online product reviews affected visitors to a web site with …

A Treatment Components Analysis In Positive Peer Reporting For Socially Withdrawn Children, Jeffrey S. Chenier

LSU Master's Theses

Socially withdrawn children who do not receive intervention are at risk for struggling in their coursework and having trouble with future psychological adjustment. In spite of these facts, children who act out in the classroom have traditionally received much more attention from teachers and from researchers in the literature. In recent years, there have been many replications of Positive Peer Reporting (PPR) as a quick, effective, and accepted method to help these children overcome their withdrawn status. The extant literature supports the efficacy of PPR. However, there remain several important unanswered questions with regard to PPR. For example, do children …