Digital Commons Network^™

Grey Matters, Lois Schwartz

Faculty Scholarship

No abstract provided.

The Trouble With Tax Increase Limitations, Darien Shanske, David Gamage

Faculty Scholarship

No abstract provided.

Critical Habitat And The Challenge Of Regulating Small Harms, Dave Owen

Faculty Scholarship

No abstract provided.

Justice Stevens And The Chevron Puzzle, Thomas W. Merrill

Faculty Scholarship

Justice Stevens's most famous decision – Chevron U.S.A. Inc. v. NRDC – has come to stand for an institutional choice approach to agency interpretation. But there is no evidence that Justice Stevens shared this understanding. Instead, he followed an equilibrium-preserving approach, which sought to nudge agencies to reconsider decisions the Justice regarded as unreasonable. Although the equilibrium-preserving approach is consistent with what a common law judge would embrace, the institutional choice perspective is probably more consistent with the needs of the modem administrative state, and it appears the Court as a whole is gradually adopting that perspective.

Understanding And Incentivizing Biosimilars, Robin Feldman, Jason Kanton

Faculty Scholarship

No abstract provided.

Not This Child: Constitutional Questions In Regulating Non-Invasive Prenatal Genetic Diagnosis And Selective Abortion, Jaime S. King

Faculty Scholarship

No abstract provided.

Living Art, Jaime S. King

Faculty Scholarship

No abstract provided.

Bargaining For Motherhood: Postadoption Visitation Agreements, Carol Sanger

Faculty Scholarship

This Article is about the use of contract in family formation. More specifically, I want to look at how contract is now used by parents in the process of acquiring children and, as we shall see, also as a means of retaining interests in those same children under the developing regime of open adoption.

The Structural Exceptionalism Of Bankruptcy Administration, Rafael I. Pardo, Kathryn A. Watts

Scholarship@WashULaw

The current system of administration of the Bankruptcy Code is highly anomalous. It stands as one of the few major federal civil statutory regimes administered almost exclusively through adjudication in the courts, not through a federal regulatory agency. This means that rather than fitting bankruptcy into a regulatory model, Congress has chosen to give the courts primary interpretive authority in the field of bankruptcy, delegating to courts the power to engage in residual policymaking. Although scholars have noted some narrow aspects of the structural exceptionalism of bankruptcy administration, Congress’s decision to locate responsibility for bankruptcy policymaking almost exclusively with the …

Faculty Publications 2011, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 812 publications.

Novice Principals’ Perceptions Of Effective Leadership Practices And Their Principal Preparation Programs, Melissa Y. Wilson

Theses and Dissertations

The purpose of this study was to examine novice principals’ perceptions of effective leadership practices and the elements of their principal preparation program that prepared them for the role of school leader. A mixed-methods study was utilized by the researcher to gather quantitative data through the use of an online survey and to gather qualitative data through subsequent focus-group interviews to address the proposal’s three research questions: (a) What are the differences (if any) between the perceptions of novice elementary, middle, and high school principals regarding the five instructional leadership practices identified by Kouzes and Posner (2003; i.e., challenging the …

Rethinking Extraordinary Circumstances, Scott Dodson

Faculty Scholarship

No abstract provided.

Obstacles To Bariatric Surgery Provision In Adolescents In England & Scotland, Kristel Carrington

Yale Medicine Thesis Digital Library

Obesity is an epidemic of global proportions and contributes significantly to the burden of chronic disease and disability. Bariatric surgery is the only effective treatment for morbid obesity. Patients not only lose weight but see vast improvement in obesity related comorbidities. Childhood obesity is one of the most serious public health challenges of the 21st century. England, Scotland and the US have some of the highest rates of childhood obesity, with increasing rates of obesity related comborbidities seen in this population. In adolescents, bariatric surgery has been shown to be safe and effective. England and Scotland have significantly lower rates …

The Rate Of Placenta Accreta And Previous Exposure To Uterine Surgery, Anne Colleen Cooper

Yale Medicine Thesis Digital Library

Placenta accreta is a disorder of abnormal placentation that causes significant maternal morbidity and mortality, and whose incidence is rising in the United States. Accreta is thought to be linked closely to endometrial disruption introduced by exposure to uterine surgery; its connection to cesarean delivery is well-established, however, there is a poorer understanding of the contribution made by other forms of uterine surgery, and by relatively subjective indications for which women with placenta accreta may have initially received a cesarean delivery. The aims of the study were to quantify the rate of placenta accreta at YNHH, the rate of exposure …

Family Child Care Providers As Health Educators & Advocates: Perspectives Of Parents, Health Care Providers And Community Service Providers, Lauren Kathleen Graber

Yale Medicine Thesis Digital Library

Family child care providers, who are trusted by parents and disproportionately serve families in poverty, may be in an ideal position to provide health education for vulnerable families. Prior research found that family child care providers perceive that they act as health educators and advisors for families. The perception of this role by others who are also invested in a family's health remains unclear. We hypothesized that parents receive health information from a myriad of sources but that their relationship to their children's family child care providers elevates the importance, relevance, and desire to adhere to the health information parents …

Online Communities Driving Guideline Adoption In National Health Care Initiatives: An Examination Of The Door-To-Balloon Alliance Online Community, Alexander Nazem

Yale Medicine Thesis Digital Library

Research suggests that health care organizations struggle to implement evidence-based guidelines. In the wake of this observation, national quality improvement initiatives have increasingly sponsored online communities (OCs) in which organizations and professionals can seek guidance from their peers on the many challenges that accompany the shifts in practice caused by guideline adoption.

In this paper, I examine the effect of participation in an OC on hospitals' implementation of evidence-based guidelines. I hypothesize that hospitals whose staff utilize OCs are more successful at achieving guideline implementation, leading ultimately to greater clinical outcome improvement. This hypothesis was tested using data from the …

Actigraphy Sleep Patterns: Relationships To Body Mass Index And Physical Activity In Minority Children, Kathryn Wynne

Yale Medicine Thesis Digital Library

Previous research suggests that short sleep duration and later bedtimes are associated with higher body mass index (BMI) and lower physical activity levels in children. We sought to determine if objective measurements of sleep duration and timing were correlated with BMI percentile and/or physical activity measures in low-income, minority children. Data were collected from 104 8- to 10-year-old children (58% female; 88.5% Latino or African-American; 51.9% overweight or obese) who were instructed to wear an accelerometer at their waists for 1 week. Data were manually analyzed to determine average sleep-onset (i.e. bedtime), sleep-offset (i.e. wake time), sleep duration, and minutes …

Franchise Law, Deborah S. Coldwell, Iris Gibson, William D. White, Laura Warrick

SMU Law Review

No abstract provided.

Liar, Liar, Jury's The Trier? The Future Of Neuroscience-Based Credibility Assessment And The Court, John B. Meixner Jr.

Scholarly Works

Neuroscience-based credibility-assessment tests have recently become increasingly mainstream, purportedly able to determine whether an individual is lying to a certain set of questions (the Control Question Test) or whether an individual recognizes information that only a liable person would recognize (the Concealed Information Test). Courts have hesitated to admit these tests as evidence for two primary reasons. First, following the general standard that credibility assessment is a matter solely for the trier of fact, courts exclude the evidence because it impinges on the province of the jury. Second, because these methods have not been rigorously tested in realistic scenarios, courts …

The Citizen Shareholder: Modernizing The Agency Paradigm To Reflect How And Why A Majority Of Americans Invest In The Market Berle Iii: Theory Of The Firm: The Third Annual Symposium Of The Adolf A. Berle, Jr. Center On Corporations, Law & Society, Anne M. Tucker

Scholarly Works

This Article examines corporate law from the perspective of personal investment and discusses the economic realities of modern investments in order to understand the role of shareholders within the agency paradigm. Corporate law, its scholars, and suggested reforms traditionally focus on the internal organization of the corporation. For example, agency principles inform corporate law by acknowledging a potential conflict of interest between the managers and shareholders of a corporation. Reforms such as increased shareholder voting rights and proxy access, which seek to give shareholders a more direct means to make their interests known to managers, illustrate corporate law’s focus on …

From Fragmentation To Constitutionalization, Harlan G. Cohen

Scholarly Works

This short essay, prepared for a panel on “The Impact of a Wider Dissemination of Human Rights Norms: Fragmentation or Unity?,” explores the connection between two popular, but seemingly contradictory discourses in international law: fragmentation and constitutionalization. After disentangling and categorizing the various types of fragmentation international law may be experiencing, the essay focuses in on one form in particular, the “fragmentation of the legal community.” This most radical version of fragmentation, the essay argues, has spurred a number of responses, many of which suggest the beginnings of a constitutional conflicts regime for international law. The essay ends by suggesting …

Affordable Care Act Litigation: The Standing Paradox, Elizabeth Weeks Leonard

Scholarly Works

The Patient Protection and Affordable Care Act (ACA) litigation presents a standing paradox. In the current posture, it appears that states lack standing to challenge the federal law on behalf of individuals, while individuals possess standing to challenge the federal law on behalf of states. This Article contends that there is no principled reason for this asymmetry and argues that standing doctrine should apply as liberally to states as individuals, assuming states allege the constitutional minimum requirements for standing and especially where the legal challenge turns on allocation of power between the federal government and states. The Article proceeds by …

The Monster In The Courtroom, Sonja R. West

Scholarly Works

It is well known that Supreme Court Justices are not fans of cameras — specifically, video cameras. Despite continued pressure from the press, Congress, and the public to allow cameras into oral arguments, the Justices have steadfastly refused.

The policy arguments for allowing cameras in the courtroom focus on cameras as a means to increased transparency of judicial work. Yet these arguments tend to gloss over a significant point about the Court — it is not secretive. The Court allows several avenues of access to its oral arguments including the presence of the public and the press in the audience, …

Accounting For Time: A Relative-Interest Approach To The Division Of Equity In Hybrid-Property Homes Upon Divorce, Lisa Milot

Scholarly Works

Even in these troubling economic times, homes are the most valuable asset many Americans own. In many instances, these homes were purchased prior to marriage, with later mortgage payments made after the homebuyer married. On divorce, courts must divide the value of such a “hybrid-property” home into “separate” and “marital” shares prior to distributing it between the divorcing spouses.

Many courts have developed formulas for this purpose, with a goal of providing a “proportionate and fair return” on both the separate and marital investments in the home. Each of the formulas, though, ignores the timing of the investments, both in …

Development And Implementation Of Acoustic Feedback Control For Scanning Probe Microscopy, Rodolfo Fernandez Rodriguez

Dissertations and Theses

A remote-sensing acoustic method for implementing position control feedback in Scanning Probe Microscopy (SPM) is presented. The capabilities of this feedback control using the new Whispering Gallery Acoustic Sensing (WGAS) method is demonstrated in a Shear-force Scanning Probe Microscope that uses a sharp probe attached to a piezoelectric Quartz Tuning Fork (QTF) firmly mounted on the microscope's frame. As the QTF is electrically driven its mechanical response reaches the SPM frame which then acts as a resonant cavity producing acoustic modes measured with an acoustic sensor strategically placed on the SPM head. The novelty of the WGAS resides in using …

Asian Treaty-Makers And Investment Treaty Arbitration: Negotiating With A Wary Eye, Locknie Hsu

Research Collection Yong Pung How School Of Law

The recent increase in bilateral investment treaties and free trade agreements entered into by Asian states has exposed them to increased commitments to foreign investors and the risk of investor-state arbitration. The rise in such arbitrations elsewhere has led to a considerable body of arbitral case law. This article examines the trend of such increased exposure of Asian states, salient issues that have emerged in arbitration case law and lessons for Asian treaty-makers and their legal advisors.

Accessibility To Public High Schools And School Performance In Metropolitan Baton Rouge, Louisiana 1990-2010, Shaun E. Williams

LSU Master's Theses

Education policies developed to initiate improvements to public school systems across Louisiana often result in a continuation or intensification of salient yet overlooked accessibility challenges. The public high school and its students have been particularly susceptible to these actions which have been sustained for decades within the state despite the increasing awareness of individual and community hardships connected to high school level inadequacies. Beyond isolated district studies or aggregate state reports, limited focus has been placed on student accessibility to public high schools or on responses of students and communities to processes which alter their access to area high schools. …

Perceived Social Support Networks And Prosocial Outcomes Among Latino/A Youth In The United States, Maria Rosario De Guzman, Eunju Jung, Kieu-Anh T. Do

Department of Child, Youth, and Family Studies: Faculty Publications

This study examines Latino/a adolescents’ perceived sources and types of social support, and links between social support and prosocial tendencies. Latino/a adolescents (N=126) in Midwestern United States participated in the study. Respondents of higher generational status reported broader social support networks and a higher amount of overall social support compared to peers of lower generational status. Youth perceived the highest amount of social support from immediate family, followed by extended family, and lastly from non-kin individuals. Path analysis indicated that overall social support was directly and positively associated with altruistic prosocial tendencies, and directly and negatively associated with public prosocial …

What Does It Mean To Be Prosocial? A Cross-Ethnic Study Of Parental Beliefs, Maria Rosario T. De Guzman, Jill Brown, Gustavo Carlo, George P. Knight

Department of Child, Youth, and Family Studies: Faculty Publications

This study explored parental beliefs surrounding prosocial behaviors and the parenting practices that promote them. A total of 47 mothers of young adolescents participated in one of the seven focus groups, three of which were conducted in Spanish with first-generation Mexican-American immigrants, two were conducted in English among second generation (US-born) Mexican Americans, and two were conducted with European Americans. Responses were coded using elements of the grounded theory approach, and results indicate patterns of shared and unique beliefs about prosocial behaviors in ways that reflect the sociocultural context and acculturative experiences of the respondents. Findings suggest that beliefs about …

From The Editor, Kathleen Moritz Rudasill

Department of Child, Youth, and Family Studies: Faculty Publications

Welcome to the 2^nd issue of volume 5 of Gifted Children, the electronic journal of the AERA Special Interest Group (SIG) for Research on Giftedness, Creativity, and Talent. It is with great excitement that I announce several major changes to Gifted Children. The SIG leadership decided last year at the annual AERA meeting to change the journal to a peer-reviewed format, with SIG executive committee members serving as editorial board reviewers. In addition, Marcia Gentry worked with Purdue University Libraries to establish online manuscript submission and publication for the journal. As a result, all future issues of …