Digital Commons Network^™

Hope-Fulfilling Or Effectively Chilling? Reconciling The Hate Crimes Prevention Act With The First Amendment, Carter T. Coker

Vanderbilt Law Review

Living on a meager disability pension and without means of transportation, forty-nine-year-old African American James Byrd, Jr. of Jasper, Texas thought he had caught a break when three white men offered him a ride home on June 6, 1998. The following morning, police found Byrd's torso in the middle of the road, his head and arm in a ditch a mile away, and a three-mile trail of blood staining the road. That racial animus was the motivation for Byrd's torture, dragging, and death was hardly in dispute. Two of the three perpetrators were members of white supremacist organizations and bore …

When Men Are Harmed: Feminism, Queer Theory, And Torture At Abu Ghraib, Aziza Ahmed

Faculty Scholarship

In this Article I explore the assertions of "anti-imperialist" feminist scholars who critique "imperial feminism" for its support of the war on terror (WOT). I bring into this analysis the proposition by queer theorists that feminist reliance on male/ female subordination has the potential to not only obscure harm in times of war but also to perpetuate it. As a case study, I focus on the Abu Ghraib prison photos that depict, in part, female soldiers torturing male Iraqi prisoners. In conducting this analysis, I reveal the analytical limitations of dominance and cultural feminists, particularly with regard to male harm …

Defining The Phenotypes Of Sickle Cell Disease., Samir K. Ballas

Department of Medicine Faculty Papers

The sickle cell gene is pleiotropic in nature. Although it is a single gene mutation, it has multiple phenotypic expressions that constitute the complications of sickle cell disease. The frequency and severity of these complications vary considerably both latitudinally in patients and longitudinally in the same patient over time. Thus, complications that occur in childhood may disappear, persist or get worse with age. Dactylitis and stroke, for example, occur mostly in childhood, whereas leg ulcers and renal failure typically occur in adults. It is essential that the phenotypic manifestations of sickle cell disease be defined accurately so that communication among …

Update On Pain Management In Sickle Cell Disease., Samir K Ballas

Department of Medicine Faculty Papers

Acute pain is the hallmark of sickle cell disease and is the most common cause of hospital admissions. Tissue damage due to vaso-occlusion releases numerous inflammatory mediators that initiate the transmission of painful stimuli that culminate in the perception of pain. The acute sickle cell painful crisis evolves along four phases. Each phase is coupled with changes in certain markers of the disease. Hospital readmission occurs within 1 week in about 16% of discharged patients and within 1 month in about 50% of discharged patients. Failure to treat acute pain aggressively may lead to chronic pain syndrome which, in turn, …

Onco-Cardiology: The Time Has Come, Edward T H Yeh

The Texas Heart Institute Journal

No abstract provided.

Medical Professionalism Meets Generation X: A Perfect Storm?, Charles S Bryan

The Texas Heart Institute Journal

No abstract provided.

Website Design As Contract, Woodrow Hartzog

Faculty Scholarship

Few website users actually read or rely upon terms of use or privacy policies. Yet users regularly take advantage of and rely upon website design features like privacy settings. To reconcile the disparity between boilerplate legalese and website design, this article develops a theory of website design as contract. The ability to choose privacy settings, un-tag photos, and delete information is part of the negotiation between websites and users regarding their privacy. Yet courts invariably recognize only the boilerplate terms when analyzing online agreements. In this article, I propose that if significant website features are incorporated into the terms of …

The Willingness To Pay—Willingness To Accept Gap, The "Endowment Effect," Subject Misconceptions, And Experimental Procedures For Eliciting Valuations: Reply, Charles R. Plott, Kathryn Zeiler

Faculty Scholarship

The purpose of Plott and Zeiler (2005) — henceforth, PZ — was to investigate whether previously published experiments using consumption goods such as mugs and candy bars to measure gaps between willingness to pay (WTP) and willingness- to-accept (WTA) support endowment effect theory (EET). Our results demonstrate that the gap for commodities can be turned on and off by implementing procedures designed to control for subject misconceptions about the value elicitation procedures. Following experiments traditionally used to demonstrate the endowment effect, we used mug valuations to test EET. We used lottery rounds only to provide our subjects with paid practice …

Network Accountability For The Domestic Intelligence Apparatus, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens’ privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security.

While many scholars have assumed that this network represents a trade-off between security and civil liberties, our …

"We Know It When We See It": Intermediary Trademark Liability And The Internet, Stacey Dogan

Faculty Scholarship

The recent history of intermediary liability decisions in copyright and trademark law reflects a notable resistance to rules that might constrain judicial discretion to ferret out bad guys. Indeed, a dichotomy appears to be emerging between two types of defendants: those who want infringement to happen and those who do not. In both copyright and trademark cases, courts are developing two distinct sets of rules to deal with two different classes of intermediaries. Good-faith intermediaries — those with a core business model unrelated to infringement — have an obligation to address infringement upon notice, but need not go out of …

Engaging The Legal Academy In Disaster Response, Davida Finger, Laila Hlass, Anne Sikes Hornsby, Susan S. Kuo, Rachel A. Van Cleave

Faculty Scholarship

This article discusses three models of law school engagement that have been used to respond to natural disasters. The three models discussed are a disaster law clinic, a course on disaster law, and a student-led initiative featuring non-credit, pro bono placements. Each model offers a conceptual approach for integrating community-based, justice-oriented initiatives into academic and clinical teaching. Taken as templates for a more permanent model of engagement in the area of post-disaster law and social justice, these models demonstrate that the legal academy can meet its service obligation to the community while training lawyers to better appreciate the central tenets …

The Puzzle Of Independent Directors: New Learning, Frederick Tung

Faculty Scholarship

In this symposium paper, I discuss and critique some new empirical learning on independent directors.

The independent director has always offered a sort of magic bullet for corporate governance, representing the idealized monitor of executives’ behavior. Yet we corporate law scholars also harbor some ambivalence about the magic of this bullet. As much as we want to trust in the promise of independent directors, no solid empirical evidence exists to suggest that independent directors add value. Moreover, we have seen spectacular failures in the face of independent boards.

How do we account for this disconnect between our intuitions and best …

Poverty Tourism And The Problem Of Consent, Kyle Powys Whyte, Evan Selinger, Kevin Outterson

Faculty Scholarship

Is it morally permissible for financially privileged tourists to visit places for the purpose of experiencing where poor people live, work, and play? Tourism associated with this question is commonly referred to as 'poverty tourism.' While some poverty tourism is plausibly ethical, other practices will be more controversial. The purpose of this essay is to address mutually beneficial cases of poverty tourism and advance the following positions. First, even mutually beneficial transactions between tourists and residents in poverty tourism always run a risk of being exploitative. Second, there is little opportunity to determine whether a given tour is exploitative since …

Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society, Linda C. Mcclain

Faculty Scholarship

A basic tension in the U.S. constitutional and political order exists between two important ideas about the relationship between civil society and the state: (1) families, religious institutions, voluntary associations, and other groups are foundational sources, or “seedbeds,” of virtues and values that undergird constitutional democracy, and (2) these same institutions guard against governmental orthodoxy and overweening governmental power by generating their own distinctive virtues and values and by being independent locations of power and authority. The first idea envisions a comfortable congruence between civil society and government: the values and virtues - and habits and skills - cultivated in …

Copyright Publication: An Empirical Study, Deborah R. Gerhardt

Faculty Publications

No abstract provided.

Communication Breakdown: Reviving The Role Of Discourse In The Regulation Of Employee Collective Action, Jeffrey M. Hirsch

Faculty Publications

No abstract provided.

In Or Out Of Mortgage Trouble? A Study Of Bankrupt Homeowners, Melissa B. Jacoby, Daniel T. Mccue, Eric M. Belsky

Faculty Publications

No abstract provided.

Smith, Christian Legal Society, And Speech-Based Claims For Religious Exemptions From Neutral Laws Of General Applicability, William P. Marshall

Faculty Publications

No abstract provided.

Tourism, Persistence, And Change: Sherpa Spirituality And Place In Sagarmatha (Mount Everest) National Park And Buffer Zone, Nepal, Jeremy Spoon

Anthropology Faculty Publications and Presentations

Ecotourism and cultural tourism are emerging as vehicles for many of the world’s indigenous peoples to integrate into the global market economy. The ecological knowledge and understanding of these societies may in turn be affected by these nascent industries. As part of shifting human-environment relationships, tourism can influence place-based spirituality. In this manuscript, I describe research on how tourism affected Khumbu Sherpa place-based spiritual values in Sagarmatha (Mt. Everest) National Park and Buffer Zone, Nepal. As Tibetan Buddhists, the Sherpa embodied dual overlapping conceptions of sacred landscape that connected people to place in some environmentally sustainable ways. Since the 1960s, …

Mesmerized, Katherine Knoeringer

LSU Master's Theses

This body of work is about looking and contemplating. Intense concentration requires solitude, which is why the figures that appear in the work are either literally isolated or seem detached from others around them. Sometimes the events the figures witness are ordinary, but more often their environments have mysterious or whimsical qualities. The whimsy comes from two places; fictional literature and childhood fantasies. Reading connects me to things and ideas outside of myself and allows the work to vacillate between the reality of normal daily observation and the mental escape of daydreaming. I want to make a place where everything …

Investigation Of In-Situ Stresses In Rocks Via Acoustic Emission And The Kaiser Effect., Derrick J. Blanksma

Undergraduate Theses and Senior Projects

This paper is a proposal for designing the Kaiser In‐Situ Stress (KISS) System. The KISS System’s goal is to determine in‐situ stresses in rock formations and other subsurface rocks by means of compression‐induced Acoustic Emission (AE) and the Kaiser effect. The KISS System is a non‐destructive method of in‐situ stress determination and has received much attention in the past. To fully understand AE, the Kaiser Effect and how it relates to stress determination this paper will present the necessary theoretical background, past experimentation and results from the authors own experimentation to investigate the plausibility of AE and the Kaiser Effect …

The Application Of Gis And Spatiotemporal Analyses To Investigations Of Unusual Marine Mammal Strandings And Mortality Events, Stephanie A. Norman, Jessie Huggins, Tim E. Carpenter, James T. Case, Dyanna M. Lambourn, James M. Rice, John Calambokidis, Joseph K. Gaydos, M. Bradley Hanson, Deborah A. Duffield, Sandra Dubpernell, Susan Berta, Matt Klope

Biology Faculty Publications and Presentations

In 2006–2007, an unusually high number of harbor porpoises (Phocoena phocoena) stranded along the Washington and Oregon coastlines. Spatiotemporal analyses were used to examine their ability to detect clusters of porpoise strandings during an unusual mortality event (UME) in the Pacific Northwest using stranding location data. Strandings were evaluated as two separate populations, outer coast and inland waters. The presence of global clustering was evaluated using the Knox spatiotemporal test, and the presence of local clusters was investigated using a spatiotemporal scan statistic (space–time permutation). There was evidence of global clustering, but no local clustering, supporting the hypothesis that strandings …

Playing Class: A Case Study Of Ludic Pedagogy, Jessica Broussard

LSU Doctoral Dissertations

The purpose of this study was to examine the efficacy of transforming traditional classroom content and teaching strategy into a "gamified" version through the use of popular gaming strategy, or, in other words, how a college course can be designed or redesigned to mimic ludic pedagogy, as well as the influence of this pedagogy on student performance in understanding course content and course assessments. The researcher acted as a participant observer and used Constant Comparative Method as data driven teaching focused on student created documents. This research provides an exploration on the use of ludicly styled teaching methodology which includes …

Does Critical Mass Matter? Views From The Boardroom, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec

Faculty Publications

No abstract provided.

Corporate Monitorships And New Governance Regulation: In Theory, In Practice, And In Context, Cristie Ford, David Hess

All Faculty Publications

This paper was prepared for a conference on "New Governance and the Business Organization" at the University of British Columbia in May 2009. It considers government agencies' increasingly common strategy of resolving corporate criminal law and securities regulations violations by way of settlement agreements that require corporations to improve their compliance programs and hire independent monitors to oversee the changes. Based on our interviews with corporate monitors, regulators, and others in the United States and Canada, we identify the ways in which these monitorships in practice fall substantially short of the ideal new governance model we describe. These failings are …

Corporate Governance Reform For The 21st Century: A Critical Reassessment Of The Shareholder Primacy Model, Carol Liao

All Faculty Publications

This article questions the efficiency of the shareholder primacy model of corporate governance in light of the financial calamities that have plagued the first decade of the 21st century. Reform efforts following the global financial crisis have focused on failures in securities regulation, but that is only part of the story. Effective reform measures must also address the legal and normative prescriptions found within existing governance structures, and the collateral effect those prescriptions have on political and regulatory inaction.

There was strong ideological support for the shareholder primacy model at the start of the century. Following the corporate and accounting …

Indonesia's Law On Public Services: Changing State-Society Relations Or Continuing Politics As Usual?, Michael Buehler

Faculty Articles, Papers, and Other Scholarship

Institutional reforms introduced after the collapse of the New Order regime have brought state–society relations in Indonesia under increased scrutiny. This paper uses an evaluation of Law 25/2009 on Public Services as a means to assess whether the new political setting has increased the leverage of the citizenry over the state. Adopted in July 2009, the law introduced a range of regulations for public service providers. It also expanded the responsibilities of the Ombudsman's office and called for the establishment of citizen committees to monitor public service delivery. However, the legal quality of the law is poor and the broader …

Understanding The Decision-Making Process For Health Promotion Programming At Small To Midsized Businesses, M. Courtney Hughes, Donald L. Patrick, Peggy A. Hannon, Jeffrey R. Harris, Donetta L. Ghosh

Faculty Articles, Papers, and Other Scholarship

This study explores the decision-making process for implementing and continuing health promotion programs at small to midsized businesses to inform health promotion practitioners and researchers as they market their services to these businesses. Qualitative interviews are conducted with 24 employers located in the Pacific Northwest ranging in size from 75 to 800 employees, with the majority having between 100 and 200 employees. Small to midsized employers depend most on company success-related factors rather than on humanitarian motives when deciding whether to adopt workplace health promotion programs. They rely heavily on health insurers for health promotion and desire more information about …

Promoting Tobacco Cessation Via The Workplace: Opportunities For Improvement, M. Courtney Hughes, Emily M. Yette, Peggy A. Hannon, Jeffrey R. Harris, Nguyet M. Tran, Terry R. Reid

Faculty Articles, Papers, and Other Scholarship

Introduction: Little research exists on the prevalence of evidence-based tobacco cessation practices in workplaces, employer promotion of state-sponsored quitlines and predictors of these practices.

Methods: Cross-sectional analysis of the 2008 Healthy Worksite Survey, a telephone survey administered to Washington employers with 50 or more employees (n¼693). The objectives were to describe workplaces’ implementation of evidence-based tobacco cessation practices and identify key predictors of implementation in order to highlight opportunities for interventions.

Results: Among these employers, 38.6% promoted quitting tobacco, and 33.8% offered insurance coverage for cessation medications and counselling, 27.5% referred no-smoking violators to cessation services, and 5.7% included the …

Appalachian Bridges To The Baccalaureate: Institutional Perceptions Of Community College Transfer Success, Christopher M. Phillips

University of Kentucky Doctoral Dissertations

Statement of the problem. Appalachian community colleges are dealing with a dynamic transfer policy environment and implementing practices that either foster or impede transfer student success. The problem in this dissertation is to discern how Appalachian community colleges are making sense of transfer policy changes and conducting practices to address student transfer success. Although individual factors must be considered by community colleges, they often are out of the control of the institution. This study focused on the institutional factors, including the ways that organizational structures and transfer policies contribute to the success of a community college’s transfer program.

Design. This …