Digital Commons Network^™

Against Endowment Theory: Experimental Economics And Legal Scholarship, Greg Klass, Kathryn Zeiler

Faculty Scholarship

Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …

Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann

Faculty Scholarship

Illinois Supreme Court Justice Seymour F. Simon (1915-2006) would have filled the stereotype of the righteous man in Jewish lore. He was a man of principle, communicated those principles in an insistent tone to anyone who would listen, worked hard to further the cause of justice and earned a reputation as a committed public servant. Justice Simon served as Justice of the Illinois Supreme Court from 1980-1988 after having served on the Illinois Appellate Court from 1974-1980. Before winning election to the courts, Justice Simon was a politician, serving, inter alia, as an alderman in the City of Chicago and …

Niklas Luhmann's Theory Of Autopoietic Legal Systems, Hugh Baxter

Faculty Scholarship

Between 1984 and his death in 1998, German sociologist Niklas Luhmann developed a comprehensive theory of what he called autopoietic or self-referential systems.He worked out this approach both at the level of a social system as a whole and at the level of various social subsystems, such as state, economy, science, religion, education, art, family, and — the concern of the present article — law. My particular topics in this critical introduction to Luhmann’s theory are (a) its relation to more standard legal theory, (b) foundational or self-referential problems in law, and (c) the problem of law’s relation to other …

The Case For Public Pension Reform: Early Evidence From Kentucky, Maria O'Brien

Faculty Scholarship

Kentucky has managed to effect major changes to some of its pension plans in the face of poor funding ratios that threatened to swamp other budget priorities. At this point it is unclear whether the reforms are deep enough to bring the plans funding levels in line with those of “healthy” states like Wisconsin. It is also unclear whether there is the political will in other jurisdictions to curb costs by moving to defined contribution or hybrid cash balance vehicles. Transparency combined with a fear that pension obligations would soon swamp all other state budget priorities appears to have been …

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert Seibel

Faculty Scholarship

Although historically slow to change, law schools are now facing enormous pressure from educators, students, lawyers, judges, clients, and the public to rethink legal education and the lawyer‘s role in society. Now more than ever, there is robust national debate on the threshold contributions law schools should make to the preparation of law graduates for entry into practice. The clamor for reform in legal education is precipitated by a confluence of factors, including new insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the …

Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle K. Citron, David Gray

Faculty Scholarship

In his insightful article, "The Dangers of Surveillance," 126 Harvard Law Review 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work; we, therefore, recommend that judges, legislators, and executives focus, instead, on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate …

Incorporating Rights: Empire, Global Enterprise, And Global Justice, Erika George

Faculty Scholarship

This Article traces the history and evolution of corporate responsibility under international law to contextualize the developing discourse on business and human rights. It explores the role of private industry in contributing to colonial expansion, slavery, and conflict, and examines the advocacy efforts of abolitionists, anti-imperialism activists, and peace movements to craft reforms and create norms to control corporate conduct. First, the Article outlines the challenge that regulating private commercial power presents for a system of public international law premised on the sovereign power of states. Then, using the example of colonial era European charter companies the Article offers a …

Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza

Faculty Scholarship

In "Measuring the Racial Unevenness of Law School," Jonathan Feingold and Doug Souza introduce and analyze the concept of racial unevenness, which refers to the particularized burdens an individual encounters as a result of her race. These burdens, which often arise because an individual falls outside of the racial norm, manifest across a spectrum. At one end lie obvious forms of overt and invidious racial discrimination. At the other end, racial unevenness arises from environmental factors and institutional culture independent from any identifiable perpetrator. As the authors detail, race-dependent burdens can arise in institutions and communities that expressly promote racial …

Make The Patent “Polluters” Pay: Using Pigovian Fees To Curb Patent Abuse, James Bessen, Brian Love

Faculty Scholarship

On the heels of a widely reported uptick in egregious patent enforcement, six patent reform bills have been introduced in the last six months. All six bills aim to curb nuisance-value patent litigation, a phenomenon popularly referred to as “patent trolling,” by reducing the cost of defending these suits. In this essay, we argue that these bills, while admirable, treat the symptoms of our patent system’s ills, rather than the disease itself: a growing glut of unused high-tech patents that have little practical value apart from use as vehicles for nuisance-value litigation. Accordingly, we urge Congress to consider one additional …

Of Reasonableness, Fairness And The Public Interest: Judicial Review Of Copyright Board Decisions In Canada's Copyright Pentalogy, Graham Reynolds

All Faculty Publications

This paper focuses on judicial review of Copyright Board decisions in Canada’s copyright pentalogy (the five copyright law decisions handed down by the Supreme Court of Canada (SCC) on 12 July 2012). Part I briefly discusses the (recent) history of judicial review of decisions of the Copyright Board. Part II analyzes Abella J’s reasons for judgment in Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (Alberta (Education)) in light of Rothstein J’s implied suggestion, in his dissenting reasons, that Abella J applied a correctness standard of review as opposed to a reasonableness standard of review. Part …

Design And Testing Of A Passive Prosthetic Ankle With Mechanical Performance Similar To That Of A Natural Ankle, Yadan Zeng

Master's Theses (2009 -)

This thesis presents the design and test results of a passive prosthetic ankle that has mechanical behavior similar to that of a natural ankle. The ankle prosthesis is designed to store and return enough energy to the amputee to propel their body forward during push-off.

The ankle prosthesis is a 2 degree of freedom (DoF) mechanism containing a network of conventional compression springs. One DoF allows the lower leg to compress when weight is applied; the other allows the foot to rotate about the ankle joint. Bulk property and dynamic performance criteria are used to assess the performance of the …

Book Review Of, Patrick Daly, R. Michael Feener, And Anthony Reid, Editors. From The Ground Up: Perspectives On Post-Tsunami And Post-Conflict Aceh, Michele Ruth Gamburd

Anthropology Faculty Publications and Presentations

Reviews the book, "From the Ground Up: Perspectives on Post-Tsunami and Post-Conflict Aceh," by Patrick Daly, R. Michael Feener, and Anthony S. J. Reid.

Tyzen Hsiao's Memories Of Home As A Pedagogical Tool To Introduce Romantic And Impressionistic Styles To Intermediate Piano Students, Pei-Hsuan Chung

LSU Doctoral Dissertations

The purpose of this treatise is to study Tyzen Hsiao’s Memories of Home as a pedagogical tool to introduce Romantic and Impressionistic styles to intermediate students. This work includes Prelude, Memory, Playground, Ancient Taiwanese Melody, Elegy, and Frolic. This monograph is divided into four chapters as follows: Chapter One introduces the development of Western music in Taiwan; Chapter Two includes detailed biographical information of Tyzen Hsiao; Chapter Three defines the three periods of his compositional career, the various influences on his style, and also contains a general analysis of his musical style and character; Chapter Four presents a theoretical analysis …

A Performer's Guide To John Corigliano's Mr Tambourine Man - Seven Poems To Text By Bob Dylan, Jovan Zivkovic

LSU Doctoral Dissertations

The purpose of this monograph is to provide a documented score study analysis of John Corigliano’s Mr. Tambourine Man – Seven Songs to text by Bob Dylan, since up to date there has not been another documented score analysis of the particular piece from a conductor’s standpoint. The monograph aims to contribute to the performance practice, by reviewing the conductor’s preparation process, and by highlighting key performance considerations as they relate to the execution of the piece that took place on October 12th, 2012 at the School of Music at Louisiana State University. The monograph aims to serve as a …

Addressing The Higher Level Language Skills For The Common Core State Standards In Kindergarten, Ashley Bourque Meaux

LSU Doctoral Dissertations

Kindergarten is a critical year, providing a foundation for children’s success in school. With a common set of standards, the Common Core State Standards (CCSS), finalized and made available to states for adoption critical skills in numeracy and literacy will be uniformed from kindergarten through high school. Some children enter school with a sufficient foundation to support success in kindergarten and subsequent years. However, some children either because of lack of exposure during preschool years (e.g., Aikens & Barbarin, 2008; Hart & Risley, 1995; Schacter, 1979; Snow, Burns & Griffin, 1998) or because of language delays associated with developmental disabilities …

Evaluating Abiotic Influences On Soil Salinity Of Inland Managed Wetlands And Agricultural Fields In A Semi-Arid Environment, Drew Nathan Fowler

LSU Master's Theses

Agriculture and moist-soil management are important management techniques used on wildlife refuges to provide adequate energy for migrant and wintering waterbirds. However, in arid systems, the presence and accumulation of soluble salts throughout the soil profile can limit total biomass production of wetland plants and agronomic crops and thus jeopardize meeting waterbird energy needs. It is unknown how moist-soil management and traditional agriculture practices influence the accumulation and distribution of soluble salts of soil profiles. In this study of an arid wetland ecosystem, I determine: 1) the effect of long-term, distinct surface hydrologic regimes associated with moist-soil management and agricultural …

Freedom Of Speech, Defamation, And Injunctions, David S. Ardia

Faculty Publications

No abstract provided.

Trends In The Social [Ir]Responsibility Of American Multinational Corporations: Increased Power, Diminished Accountability, Cynthia A. Williams, John M. Conley

Faculty Publications

No abstract provided.

Community-Based Approaches To Mental Health And Conflict Resolution In Post-Conflict Libya, Amanda Lubit

Anthropology Theses

Post-conflict Libya faces the challenges of establishing a national health system that is capable of addressing mental health needs for a population traumatized by decades of repression and a recent war. In order to recover, traumatized populations require feelings of safety, calm, empowerment, connectedness, and hope. To help achieve this outcome, programs must focus on medical and social aspects at both the individual and community level.

As part of an internship experience, I worked with Dr. Omar Reda, a Libyan psychiatrist at Oregon Health and Science University (OHSU) who helps communities, organizations and mental health professionals throughout Libya to address …

Idealism And Pragmatism: "Transcendent" Validity Claims In Habermas's Democratic Theory, Richard Van Barriger

Anthós

In her recent article "Realism and Idealism: Was Habermas's Communicative Turn a Move in the Wrong Direction?" Maeve Cooke examines the evolution of Jürgen Habermas’s thought over the past five decades. According to Cooke, Habermas’s so-called ‘communicative turn’ was a necessary step in his philosophy’s systematic attempt to derive a universal norm from the immanent context of human practices and institutions. In her opinion, however, Habermas’s theory is unable to achieve such "transcendence from within" due to the inherent problem of justification in his theory’s treatment of normative validity claims. Cooke believes that despite Habermas’s exhaustive efforts to provide a …

The Movement Of U.S. Criminal And Administrative Law: Processes Of Transplanting And Translating, Toby S. Goldbach, Benjamin Brake, Peter J. Katzenstein

All Faculty Publications

This article examines the transplanting and translating of law in the domains of criminal procedure and administrative law. The transnational movement of law is full of unexpected twists and turns that belie the notion of the United States as a legal behemoth. Furthermore, the movement of legal procedures which occurs both within and across countries with common and civil law legal traditions challenges preconceived notions of an orderly divide between legal families. While the spread of elements of the U.S. jury system and methods of plea bargaining reveals the powerful influence of U.S. legal ideas, the ways that these procedures …

The Next Stage Of Csr For Canada: Transformational Corporate Governance, Hybrid Legal Structures, And The Growth Of Social Enterprise, Carol Liao

All Faculty Publications

The period when corporate social responsibility (CSR) only referred to corporate philanthropic donations has passed. Present day CSR is intimately intertwined with sustainable development, and its growth in the last several decades has been evident in Canada. The recent appearance of “hybrid” corporate legal structures on the international stage marks a growing trend toward enabling the dual pursuit of economic and social mandates for businesses. It suggests that the next significant stage in the CSR movement will be in the reformation and creation of corporate legal models that not only enable, but require, CSR concepts to be embodied within corporate …

An Effective Leadership Strategy Model For Lakeland Korean Presbyterian Church, Jae Hwa Mun

Doctoral Dissertations and Projects

The purpose of this project is to find out the strategy of building leadership for church growth. This thesis is primarily concerned with understanding church leadership and leadership development for effective ministry. The fundamental reason churches go through crisis in growth is due to a lack of leadership and strategy for leadership development.
To establish effective leadership strategy model, this project examined the leadership qualities and the process of leadership development from the Biblical perspective, and researched effective leadership types for church growth through a survey. The survey was performed on eight churches to look at the need of leadership. …

Exploring Factors That Contribute To Academic Persistence For Undergraduate Hispanic Nontraditional Students At Hispanic Serving Institutions In The Southeast, Floralba Arbelo Marrero

Doctoral Dissertations and Projects

This study examined the academic persistence of 10 undergraduate Hispanic nontraditional students enrolled at a public and a private not for profit Hispanic Serving Institution in the southeastern region of the United States, each in their last year of a bachelor degree program. Using a phenomenological research design and an ecological and sociocultural framework the findings indicated that family context, personal aspirations, campus environment within Hispanic Serving Institutions, life challenges, and English language learning each play a vital role in the persistence behaviors of this population. These factors interact at the student and institutional levels to provide students with internal …

Eight Key Principles To Transform Church Culture To Retain Ministry Leaders, Trent Lambert

Doctoral Dissertations and Projects

In today's culture, there is an ever-growing population of unchurched and dechurched within our local communities, not to mention dysfunctional leaders within the Church. This project attempts to create a healthy quality of life for ministry leaders that transcends into relevant evangelism and empowering discipleship. Based on scripture, segments of church history leadership styles, surveys of current ministry leaders, various books/articles, and personal perspectives this paper will delineate lessons to be learned and principles that are effective in the remodeling process. The principles within this project will show how church culture can transition from an antiquated paradigm of ministry to …

The Regional Accreditation Process At Community Colleges: A Case Study Of Effectiveness, Alissa L. Young

Theses and Dissertations--Educational Policy Studies and Evaluation

This companion dissertation reports the findings of applied case study research on four community college organizational units that consistently meet or exceed standard performance measures. In addition, prior ample evidence confirms that performance extended significantly beyond what might be explained by available tangible resources alone. The case study contexts are common in higher education in general: a) an external partnership, (b) an ad hoc team, (c) a traditional, cross-divisional service unit, and (d) a grant-funded student service unit.

Emerging positive organizational theory and research shows promise for revealing performance-influencing phenomena and behaviors that are not adequately represented in standard measures. …

Examining An Adult Education Partnership Through A Positive Organizational Lens, Lewis H. Burke Jr

Theses and Dissertations--Educational Policy Studies and Evaluation

This companion dissertation reports the findings of applied case study research on four community college organizational units that consistently meet or exceed standard performance measures. In addition, prior ample evidence confirms that performance extended significantly beyond what might be explained by available tangible resources alone. The case study contexts are common in higher education in general: a) an external partnership, (b) an ad hoc team, (c) a traditional, cross-divisional service unit, and (d) a grant-funded student service unit.

Emerging positive organizational theory and research show promise for revealing performance-influencing phenomena and behaviors that are not adequately represented in standard measures. …

The Influence Of Race And Socioeconomic Status On Routine Screening Practices Of Physician Assistants, Deshana Ann Collett

Theses and Dissertations--Educational Policy Studies and Evaluation

Health disparities in minorities and those of low socioeconomic status persist despite efforts to eliminate potential causes. Differences in the delivery of services can result in different healthcare outcomes and therefore, a health disparity. Some of this difference in care may attribute to discrimination resulting from clinical biases and stereotyping which may provide a possible source for the persistence of health disparities. Health disparities may occur because the delivery of services at some level is inadequate. Disparities resulting from the quality and quantity of care delivered by a practitioner result in differentiated delivery of healthcare, thus unequal health outcomes. The …

A Positive Approach Toward Unit Functioning In Higher Education, Susan T. Berry

Theses and Dissertations--Educational Policy Studies and Evaluation

This companion dissertation reports the findings of applied case study research on four community college organizational units that consistently meet or exceed standard performance measures. In addition, prior ample evidence confirms that performance extended significantly beyond what might be explained by available tangible resources alone. The case study contexts are common in higher education in general: a) an external partnership, (b) an ad hoc team, (c) a traditional, cross-divisional service unit, and (d) a grant-funded student service unit.

Emerging positive organizational theory and research show promise for revealing performance-influencing phenomena and behaviors that are not adequately represented in standard measures. …

Investigating The Impact Of Interactive Applets On Students’ Understanding Of Parameter Changes To Parent Functions: An Explanatory Mixed Methods Study, Robin R. Mcclaran

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

The technology principle in the Principles and Standards for School Mathematics (NCTM, 2000) states that technology plays an important role in how teachers teach mathematics and in how students learn mathematics. The purpose of this sequential explanatory mixed-methods study was to examine the impact of interactive applets on students’ understanding of parameter changes to parent functions. Students in the treatment classes were found to have statistically significantly higher posttest scores than students in the control classes. Although the data analysis showed a statistically significant difference between classes on procedural understanding, no statistically significant difference was found with regard to conceptual …