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The Dialectics Of Textile Hand Production : In Search Of Poetic Content : An Enquiry Into The Position Of The Traditional Textile Crafts, Jane Donlin

Theses: Doctorates and Masters

This thesis frames the significance of traditional textile hand production as a means of furthering the concept of aesthetic socio-cultural development. It approaches the traditional textile crafts in relation to the proposition that contemporary society is post-traditional and has broken away from nature. By examining the concept of tradition and the processes by which society transforms from the pre-modern context into the late modern, the changing nature of the crafts is explained. The research also examines wider social losses, gains and unforeseen consequences that occur in the continuous process of social transformation. My art praxis is contextualised within the framework …

Human Rights And Southern Realities, Tamara Relis

Scholarly Works

The proliferation of international human rights treaties, committees and courts over the last sixty years represents enormous achievement. International human rights laws are now asserted throughout the world by individuals of many cultures and traditions. Yet, at the same time international human rights ideas and principles continue to have difficulty in manifesting their relevance in the daily lives of those who are geographically and culturally distant from international institutions Two new books - William Twining’s Human Rights, Southern Voices: Francis Deng, Abdullahi An-Na’im, Yash Ghai, Upendra Baxi, and Helen Stacy’s Human Rights for the 21st Century - address aspects of …

As I Recall..., Megan Gulland

Theses

This body of work presents a visual memoir of my childhood. Told through these self-portraits, this work captures the essence of my memories. Though the sculptures portray my present age as storyteller, the content comes from my childhood. I am exploring the roots of my love of storytelling by joining my passion for clay with the events of my past. The process of making these portraits, for me, closely reflects the process of growing up. In a similar way, as I built, I learned the limits and possibilities of the clay. Now, even as an adult I reflect on my …

Reconfiguring Phenomena Of Presence, Erika Strickland

Theses

Not included

The Shifting Doctrinal Face Of Immutability, Tiffany C. Graham

Scholarly Works

This Article will examine the concept of immutability as it has been used in equal protection jurisprudence, particularly in the context of the gay rights movement. As a traditional matter, immutability was viewed as a doctrine that limited suspect and quasi-suspect classification status to those groups whose identities were fixed in some visible, often biological fashion. This narrow understanding of immutability served a purpose: it limited suspect or quasi-suspect status to those groups of individuals who were not at fault in some way for the subordinate condition in which they existed. Since the decisions in In re Marriage Cases, …

Religion, Human Rights, And Post-Secular Legal Theory, Zachary R. Calo

Scholarly Works

This paper proposes that the fundamental challenge for religious legal theory is the question of the secular and, in particular, a certain mode of secular reason that has shaped the idea of law within modernity. The fundamental ambition of modern legal thought was to sever law from a connection to a sacred cosmic and intellectual order. The idea of human rights, at least in its regnant expression, embodies this project most fully in that it has increasingly been defined as a moral tradition that stands over and against religion. This paper, by contrast, argues that the destabilization of secular meaning …

E.U. Law In U.S. Legal Academia, Daniela Caruso

Faculty Scholarship

The history of EU law in the JD curriculum is a classical tale of rise and fail. An avant garde, boutique offering in the 1970s, and a fairly popular course in the 1990s, today EU law in US law schools is slowly losing prominence. This Article begins by tracking this parabolic trajectory and argues that the discipline both rose and fell for contingent reasons that are mostly unrelated to its pedagogical and analytical significance. The Article then provides a critical appraisal of what EU law is uniquely poised to offer both in the classroom and as a subject for legal …

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 …

The Consumer Indebtedness Crisis: Law School Clinics As Laboratories For Generating Effective Legal Responses, Peggy Maisel, Natalie Roman

Faculty Scholarship

For the legal system to operate effectively, it must address problems arising from the absence of needed laws, or, if enacted, of laws that have been drafted poorly or are not being implemented in a fair and just manner. Since law schools are generally part of a larger university community, they are uniquely placed to serve as laboratories to find solutions to such problems, perhaps nowhere more so than in their legal clinics. The latter have in fact often played the role of legal innovators, but their contributions to the law and therefore to society at large have been little …

Introduction To 'New Governance And The Business Organization', Cristie Ford, Mary Condon

All Faculty Publications

In the fall of 2010, the University of British Columbia Faculty of Law welcomed a group of scholars from around the world to consider the state, and evolution, of responsive regulation, in both theory and practice. The occasion was the presence of Dr. John Braithwaite as UBC Law’s inaugural Fasken Martineau Senior Visiting Scholar. This paper is an introductory essay to the special edition of the UBC Law Review devoted to the workshop’s resulting work products. The volume begins with John Braithwaite’s own reflections on the responsive regulation project. On one level, the set of essays that follows his can …

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 …

Does School Context Matter For The Low Ses Student? Investigating The Causal Effects Of School Context On College Enrollment, Aaryn Ward

LSU Doctoral Dissertations

This dissertation focuses on school context and the whether or not “good schools” matter for low SES students. Existing research and theory do not provide consistent expectations regarding the performance of low SES students in middle/high SES school environments. To untangle the relationship among socioeconomic background, the school setting, and educational outcomes, I use a large, longitudinal, nationally-representative dataset, The Education Longitudinal Survey of 2002 (ELS:2002) to analyze enrollment in postsecondary institutions, institutional selectivity, and future educational expectations. Models use weighted regression with causal effect estimators to assess a potential causal effect of “good schools” for low SES students. While …

Auditor Tenure And Audit Quality, Li Zheng Brooks

LSU Doctoral Dissertations

I propose that audit quality is likely to increase with audit firm tenure due to a Learning Effect and decrease with audit firm tenure due to a Bonding Effect. The net impact of these two countervailing forces over audit firm tenure dictates whether the relationship between audit firm tenure and audit quality is a concave, convex, or linear function of audit firm tenure. When the Bonding Effect dominates the Learning Effect in the later (earlier) years of tenure, then audit quality is a concave (convex) function of audit firm tenure. Adopting the quadratic model to empirically estimate the audit firm …

The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse

Scholarly Works

When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to …

(Im)Possibilities Of Theatre And Transgression: The Critical Impact Of Transgressive Theatrical Practices, Christopher J. Krejci

LSU Doctoral Dissertations

While performance practitioners often rely on socially, aesthetically, and politically transgressive practices to critically impact the socio-political climate outside the theater walls, transgression is fraught with contradiction. Historically, acts of transgression have led to both the expansion and suppression of democratic rights. (Im)possibilites of Theatre and Transgression employs a critical lens that takes into account the historical and ideological specificities of individual productions in Austin, TX and Baton Rouge, LA to argue that transgressive theatrical practices both counter and reproduce normalizing discourses and discourses of domination in local and regional culture. This study focuses on the types of aesthetically, socially, …

Latinos, Immigration Policy, And Geographic Diversification: Examining The Effects Of Concentrated Poverty, Segregation, And Low-Skill Employment On Homicide, Raymond Barranco

LSU Doctoral Dissertations

This study consists of three separate, yet interrelated analyses - all three examine the effects of Latino immigration. Since the mid-1980s, the pattern of settlement by Latino migrants has changed dramatically. These migrants are now settling in parts of the United States that have never before had significant Latino populations. This has led many to fear an increase in crime. Unfortunately, early explanations of immigration and crime focused on the experience of Eastern European immigrants. Therefore, it has not been clear whether the experience of Latino immigrants could be explained in the same way – especially with some researchers finding …

Improving Intelligence In A Counterinsurgency Or Counterterrorism Environment Through The Application Of A Critical Thinking-Based Framework, James Henry Hess

LSU Doctoral Dissertations

The intelligence community is responsible for providing competent analysis and assessments pertaining to the many significant geo-political situations that may potentially or do effect the nation’s interests. The intelligence community has always experienced challenges living up to that charge, and while it may merely be a case of the nature of the profession, there are always lessons that can be learned and processes that may improve the analytical processes. Critical thinking is a cognitive process that may be able to provide that improvement to the analytical processes, and when an analytical framework is built by applying these cognitive skills, the …

Crisis Management Post Hurricane Katrina: A Qualitative Study Of A Higher Education Institution's Administrators' Response To Crisis Management, Steven Lee Mccullar

LSU Doctoral Dissertations

From campus shootings to mass prolonged campus closures in the Gulf Coast due to Hurricanes Katrina and Rita, the past decade has seen an increase in high profile crises at higher education institutions. Louisiana State University was one of the institutions impacted by Hurricanes Katrina and Rita in 2005. After the experience, university administrators created an Emergency Operation Center and a new plan for how to handle campus crises. In 2008, LSU administrators had an opportunity to test their full scale plan with the landfall of Hurricane Gustav. In this study, university administrators from LSU were interviewed about their experiences …

Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse

Scholarly Works

The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality, and justice. Unfortunately, in the process, the field of theoretical legal ethics has mostly lost track of the thing that Freedman insisted was at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. As I will discuss, the field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. I am going …

Religion And Race: The Ministerial Exception Reexamined, Ian C. Bartrum

Scholarly Works

This essay is a contribution to the Northwestern University Law Review's colloquy on the ministerial exception, convened following the Supreme Court's decision to hear arguments in Hosanna-Tabor v. EEOC.

The author takes the opportunity to consider the (sometimes) competing constitutional values of racial equality and religious freedom. The author offers historical, ethical, and doctrinal arguments for the position that race must trump religion as a constitutional value when the two come into conflict. With this in mind, the author suggests that the ministerial exception should not shield religious employers from anti discrimination suits brought on the basis of race.

Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser

Scholarly Works

In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …

Obesity Treatment Alternatives: Foods To Surgery, Brooke Erwin Bayham

LSU Master's Theses

The purpose of these studies was to explore the roles of dietary strategies and bariatric surgery in obesity treatment. The breakfast study was a randomized, crossover trial used to evaluate the role of egg proteins, and a retrospective chart review was conducted to obtain comparative information about two different bariatric surgeries. The breakfast study included 20 subjects who were randomized to receive an egg breakfast (EB) or a cereal breakfast (CB) matched for energy density and macronutrient composition but different protein quality for one week. Following a washout period, each subject was crossed over to receive the opposite breakfast for …

An Investigation Of The Relationship Between Religion And Marriage On Self-Reported Health, Patrick Joseph Graham, Jr

LSU Master's Theses

A significant body of literature has focused on the effects of religion on health and marriage on health, as well as on religion and marriage. However, there is limited research on the effects of religion and marriage on self-reported health. Using the first and only wave of the Panel Study of American Religion and Ethnicity, ordinary least square regression models are compared to investigate the causal effects of religion and marriage on self-reported health. In the analysis, it is found that religion and marriage, as forms of social support, individually have significant affects on self-reported health as the literature indicates …

An Investigation Of The Home And Family Questionnaire's Concurrent And Predictive Validity, Angel Lewis Herring

LSU Doctoral Dissertations

The current study sought to replicate the findings of Pierce, Alfonso, & Garrison (1998) that constructed and tested the Home and Family Questionnaire (HFQ). More specifically, the internal consistency of the HFQ’s three subscales, Maturity Facilitation, Child’s Use of Stimulating Materials, and the Parent-Child Emotional Relationship, was investigated. Construct validity of the HFQ was investigated by correlating the HFQ subscale scores to the Parenting Styles Dimensions Questionnaire (PSDQ) subscale scores (Robinson, Mandleco, Olsen & Hart, 1995). Criterion-related validity was investigated by correlating the HFQ subscale scores with the Pictorial Scales of Perceived Competence and Social Acceptance in Young Children (PSPC) …

The Family Capital Of Capital Families: Investigating Empathic Connections Between Jurors And Defendants' Families In Death Penalty Cases, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.

Reflections On Designing Governance To Produce The Rule Of Law, Lisa Blomgren Bingham

Journal of Dispute Resolution

This article first briefly reviews definitions of the rule of law. Second, it briefly reviews current understandings and approaches to governance. Third, it introduces the concept of dispute systems design, its application to collaborative governance across the policy continuum, and failures in the rule of law as seen through this frame. Finally, it provides examples of rule of law initiatives organized across the policy process in governance.

Family, The Market, And Adr, The, Amy J. Cohen

Journal of Dispute Resolution

This Article proceeds in three Parts. I begin by briefly summarizing what I will refer to as separate spheres ideology-the idea that our normative understandings of the family and the market are constructed in contradistinction to one another. I then show how this conceptual distinction between the family and the market shaped the development of alternative dispute processing during two periods of time. The first period, which I introduce to frame the second, examines how dispute processing reformers-beginning during the Progressive era and continuing to the 1930s-distinguished alternative forums for family disputes from alternative forums for commercial ones. In Part …

Contingent Constellations: Frederick Douglass And The Fact Freedom, Tomohiro Hori

LSU Doctoral Dissertations

Reading the celebrated Narrative (1845) of Frederick Douglass (1817-95) as well as his second autobiography My Bondage and My Freedom (1855) alongside the theories of freedom including Immanuel Kant’s and G. W. F. Hegel’s among others, this dissertation examines the process through which the young American slave Douglass discovers the idea of freedom and turns it into the primary object of his pursuit to the point that he stakes his life in his famed battle with the overseer Edward Covey. The experience of hearing other slaves’ voices—such as Aunt Hester’s cries and slave songs—opens his eyes to the darkest reality …

The Impact Of Choice On Child Sustained Attention In The Preschool Classroom, Kelly Elizabeth Geary

LSU Master's Theses

The purpose of this study was to determine the mean duration of child attention to a self-selected toy and to determine the longest duration under which teaching condition children attend to toy play (child choice, adult choice, or adult presentation). Forty preschool-aged children were observed under each teaching condition and data were collected on the child’s duration of child attention. Results indicate that children’s sustained attention is significantly different across the three teaching conditions, and it was found that children attended for the longest duration of time during the child choice condition. It was also found that children attended for …