Digital Commons Network^™

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 …

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 …

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 …

The Arab-Israeli Conflict And International Law, Susan M. Akram, S. Michael Lynk

Faculty Scholarship

The Arab-Israeli conflict has become the most prominent arena of regional and international tension over the past century. Within the realm of international law, the conflict has contributed greatly to the development of international rule-making. The laws of war, the scope of international humanitarian and human rights law, the rights of refugees, the centrality of self-determination, the laws on terrorism and the content of modern treaty-making -- all have been significantly shaped by the norms established through the copious resolutions, diplomatic statements and legal commentary on the many features of the conflict. Yet, at the same time, the efficacy of …

Cloudy Weather, With Occasional Sunshine: Consumer Loans, The Legislature, And The Supreme Court Of Japan, Shigenori Matsui

All Faculty Publications

The Supreme Court of Japan, despite its well-known passive and conservative stance towards constitutional adjudication, occasionally shows quite a creative and liberal attitude. Recently, the Supreme Court of Japan has shown this attitude in its development of pro-consumer jurisprudence involving consumer loan cases. This development is still more noteworthy because the Supreme Court of Japan ignored the legislature's intent to overturn its previous judgments and practically wiped out a statutory provision enacted by the legislature. As a result of this development, millions of consumers could demand refunds from consumer loan companies, and consumer loan companies went into serious financial troubles, …

Access To Justice For All: Towards An 'Expansive Vision' Of Justice And Technology, Jane Bailey, Jacquelyn Burkell, Graham Reynolds

All Faculty Publications

The Canadian dialogue regarding access to justice has taken an important turn in the last few years, more robustly conceptualizing what is to be accessed (“deliverables”) and who is intended to benefit (“beneficiaries”), as well as recognizing that access to justice initiatives that benefit some citizens or groups of citizens cannot be presumed to benefit all citizens. Recent initiatives shift focus away from particular kinds of deliverables (e.g. access to lawyers and courts) and/or particular groups of beneficiaries (e.g. the middle class) toward a more “expansive vision” of access to justice. The expansive vision not only integrates and prioritizes a …

Why Gridlock Matters, Michael J. Gerhardt

Faculty Publications

No abstract provided.

On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Constitutionality Of Campaign Finance Regulation: Should Differences In A State's Political History And Culture Matter?, William P. Marshall

Faculty Publications

No abstract provided.

Potential Innocence: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller

Faculty Publications

No abstract provided.

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 …

Sustainable Architecture : Addressing The Conditions Of Poverty And Homelessness, Taylor C. Alphonso

LSU Master's Theses

Any large city faces the challenge of addressing homelessness and poverty. The most common action taken to address such conditions is providing temporary shelter accompanied by assistance through welfare programs; these are not permanent solutions. They do not assist the impoverished in establishing themselves in the community as the shelters are temporary, and ignore the fact that many lack the required education along with job and life skills to ultimately establish independence. Many cities do not offer affordable educational opportunities to this demographic, and they tend to overlook the importance the actual facility may have on the encouraging and promoting …

Transport And Adsorption-Desorption Of Heavy Metals In Different Soils, Tamer A. Elbana

LSU Doctoral Dissertations

Understanding the reactivity and mobility of heavy metals in soils is indispensable for assessing their potential risk to the environment. In this study, column transport and batch kinetic experiments were performed to assess the sorption-desorption and mobility of Cd, Cu, Pb, and Sn in alkaline and acidic soils. Furthermore, sequential extractions were accomplished to examine their behavior in soils. Also, the competitive reactivity of Sn and Pb in two acidic soils was quantified. Additionally, the effect of introducing Cd and Cu after a Pb pulse in calcareous soil was presented. Modeling of these heavy metals retention and transport was carried …

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.

The Gamer Subculture In Lacy, Wa, Kate Washington

Anthós

Where there is culture, there is the opportunity for subculture, groups of people who create a separate identity within and often in contrast to the dominant culture of a society. In a large society, such as America, there are many cultures and subcultures. One such is the gamer subculture, people who can be identified by their affiliation to online, tabletop, collectible card and role play games. Gamers are predominantly male, but include a wide variety of ages. If there is a large enough gamer population in an area, there is often a store to support their interests. One such store …

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 …

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 …

Book Review: Theory And Practice Of Harmonisation, Mads Andenæs & Camilla B. Andersen (Eds), Toby S. Goldbach

All Faculty Publications

"Theory and Practice of Harmonisation" is an edited symposium publication which tackles the ambitious topic of legal harmonisation. Some common themes can be identified. First, several papers deal with the background to or reasons for harmonisation and consider whether harmonisation goals are being met.Second, several papers examine language-textual issues or problems with defining concepts. A third centralizing theme is the role of legal institutions, in particular courts, in facilitating harmonisation. Finally, a fourth theme is evident in those papers that look at the instruments, mechanisms or legal techniques that are used to implement harmonisation. As a whole, the text seems …

Measuring Dhaka University Students’ Internet Use Behavior Of The Department Of Information Science And Library Management, Md. Maidul Islam

Library Philosophy and Practice (e-journal)

This research has been conducted of the undergraduate students in the Department of Information Science and Library Management, University of Dhaka, Bangladesh. A survey questionnaire was developed and used to collect data on students’ demographics, internet use behavior and purposes of internet use in the Department of Information Science and Library Management. The obtained input data were then evaluated using SPSS and the findings have been interpreted. The results showed that students prefer electronic media to printed media in seeking information and they use the Internet mostly to do homework and prepare for their lessons. The students find the quality …

Pervasiveness And Purposes Of Library Usage By Lis Students At The Islamia University Of Bahawalpur, Rubina Bhatti

Library Philosophy and Practice (e-journal)

This study was conducted to assess the frequency and purposes of the library usage by LIS students at the Islamia University of Bahawalpur. The researcher examined the usage of main library of IUB by students of 2^nd & 4^th semester of Department of Library and Information Science. Data were collected from 64 respondents through questionnaires. For data analysis, SPSS is used to determine the mean values of the reasons of library use, kind of material, access to the material, satisfaction with the library services, problem faced by the students and behavior of the library staff. The study shows …

Academic Support Of Division I Head Coaches: Perceptions Of Student-Athletes, Mikaela M. Raddatz

Theses and Dissertations--Educational Policy Studies and Evaluation

Intercollegiate athletics in the United States have continuously become more commercialized, pressuring athletics departments and coaches to produce winning teams. The commanding expectations for successful programs have been thought to take away from the academic mission of colleges and universities, focusing efforts on athletics over academics. This phenomenon has been examined, but the role head coaches play in support of student-athlete academics has yet to be explored.

The purpose of this study is to measure student-athlete perception of academic support from Division I head coaches. Current literature demonstrates the strong influence of coaches on student-athletes, but the effect in the …

Great Expectations: Twenty-First Century Public Institutions And The Promise Of Technology Based Economic Development: A Case Study, Tara K. Baas

Theses and Dissertations--Educational Policy Studies and Evaluation

American research universities, especially over the past 30 years, have increasingly become involved in technology transfer activities. For public land grant institutions, involvement is largely inspired by a desire to maximize revenue opportunities and demonstrate economic relevance. This intrinsic case study addresses the efforts of a public, land grant and flagship institution, the University of Kentucky, to augment its technology transfer activities, with a specific focus on its attempts to spin off university technology-based firms. The data were gathered primarily through oral history interviews with technology transfer personnel, entrepreneurs, and spinoff personnel. Its purpose is to understand better the structure …

The Effect Of Augmented Reality Treatment On Learning, Cognitive Load, And Spatial Visualization Abilities, Nedim Slijepcevic

Theses and Dissertations--Curriculum and Instruction

This study investigated the effects of Augmented Reality (AR) on learning, cognitive load and spatial abilities. More specifically, it measured learning gains, perceived cognitive load, and the role spatial abilities play with students engaged in an astronomy lesson about lunar phases. Research participants were 182 students from a public university in southeastern United States, and were recruited from psychology research pool. Participants were randomly assigned to two groups: (a) Augmented Reality and Text Astronomy Treatment (ARTAT); and (b) Images and Text Astronomy Treatment (ITAT). Upon entering the experimental classroom, participants were given (a) Paper Folding Test to measure their spatial …

Using The I-Learn Model For Information Literacy Instruction: An Experimental Study, Stacey Greenwell

Theses and Dissertations--Curriculum and Instruction

Given the proliferation of information and the lifelong importance of information literacy skills, there is a need to determine how to best design information literacy instruction in order to help students locate, evaluate, and use information more effectively. This experimental study examined whether information literacy skills instruction designed using the I-LEARN model increased student understanding and application of information literacy concepts as compared to how librarians currently provide information literacy skills instruction. The experimental group received an instruction session and an online library research guide designed using the I-LEARN model, and the control group received an instruction session and an …

Behavioral Intentions And Nonmedical Anabolic Steroid Use Among Non Intercollegiate Athlete Males Ages 18-30, Vitesh Enaker

Theses and Dissertations--Kinesiology and Health Promotion

The purpose of this study was to increase understanding of factors associated with nonmedical anabolic steroid use among males ages 18-30 who do not participate in intercollegiate athletics. The Behavioral Intentions and Ergogenic Aid/Performance Enhancer use among non-intercollegiate athlete males survey instrument was developed, reviewed for content validity by a jury of experts, and pilot tested. The pilot testing results (n=25) demonstrated acceptable reliability (Cronbach’s alpha= 0.74). The final version of the Behavioral Intentions and Ergogenic Aid/Performance Enhancer use among non-intercollegiate athlete males survey instrument was administered at two distribution sites which included Ford’s Fitness Center in Lexington, Kentucky and …

The Challenges “Facing” Copyright Protection For Tattoos, Yolanda M. King

Faculty Articles, Papers, and Other Scholarship

This Article addresses the ambiguity regarding the legal protectability of tattoos and the negative impact such ambiguity has on the rights of tattoo artists and their clients/customers. Notwithstanding the lack of federal court decisions in this area of the law, this Article determines that tattoos meet the requirements of copyrightability in the United States—originality and fixation in a tangible medium of expression. This Article examines the challenges presented by providing copyright protection for tattoos. In particular, this Article responds to the expert testimony of Professor David Nimmer, the author of a treatise often cited in the field of copyright law, …

Could The Dodd-Frank Wall Street Reform And Consumer Protection Act Of 2010 Be Helpful In Reforming Corporate America? An Investigation On Financial Bounties And Whistle-Blowing Behaviors In The Private Sector, Kelly Pope, Chih-Chen Lee

Faculty Articles, Papers, and Other Scholarship

The purpose of this study is to investigate whether the availability of financial bounties and anonymous reporting channels impact individuals’ general reporting intentions of questionable acts and whether the availability of financial bounties will prompt people to reveal their identities. The recent passage of the Dodd– Frank Wall Street Reform and Consumer Protection Act of 2010 creates a financial bounty for whistle-blowers. In addition, SOX requires companies to provide employees with an anonymous reporting channel option. It is unclear of the effect of these provisions as they relate to whistleblowing. Our results indicate that a financial bounty has the potential …

Investigation Of Best Practices For Maintenance Of Concrete Bridge Railings, Angel Luis Lence

LSU Master's Theses

Biodeterioration on concrete surfaces of vertical elements of bridges represents a serious challenge to the highway infrastructure in Louisiana. This investigation aims to document the causes of biodeterioration of concrete surfaces and to document current conventional and state-of-the-art practices implemented to prevent and clean biofilm. A comprehensive literature review of previous research has been carried out in order to determine the cause and mechanisms of the biodeterioration as well as to identify current methods that state DOTs have implemented in order to maintain their bridges and allow them to function in optimal structural and performance conditions. A survey was developed …