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2013

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Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine Jan 2013

Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Scholarly Works

No abstract provided.

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What Every Land Use Lawyer Should Know About The Emerging Use Of Health Impact Assessment And Land Use Decision Making, Patricia E. Salkin, Pamela Ko Jan 2013

What Every Land Use Lawyer Should Know About The Emerging Use Of Health Impact Assessment And Land Use Decision Making, Patricia E. Salkin, Pamela Ko

Scholarly Works

The field of Health Impact Assessment is relatively new to the United States, but already a number of state and local governments are incorporating these assessments into land use planning and decision making. In five years, the use of HIA in the U.S. has increased dramatically with more than 100 HIAs completed or in progress in the U.S. from 2007 to 2010. This article provides a brief overview of HIA in the United States, describes how it is being used in other states with respect to land use decision making, and examines how HIA is starting to be incorporated into …

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The School-To-Prison Pipeline Tragedy On Montana's American Indian Reservations, Melina Healey Jan 2013

The School-To-Prison Pipeline Tragedy On Montana's American Indian Reservations, Melina Healey

Scholarly Works

American Indian adolescents in Montana are caught in a school-to-prison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. This phenomenon has been well documented in poor, minority communities throughout the country. But it has received little attention with respect to the American Indian population in Montana, for whom the problem is particularly acute. Indeed, the pipeline is uniquely disturbing for American Indian youth in Montana because this same population has been affected by another heartbreaking and related trend: alarming levels of adolescent suicides and …

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Children Of Polyamorous Families: A First Empirical Look, Mark Goldfeder, Elisabeth Sheff Jan 2013

Children Of Polyamorous Families: A First Empirical Look, Mark Goldfeder, Elisabeth Sheff

Scholarly Works

No abstract provided.

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Christianity, Islam, And Secular Law, Zachary R. Calo Jan 2013

Christianity, Islam, And Secular Law, Zachary R. Calo

Scholarly Works

No issue is more central to theological engagement with law than the meaning of the secular. Indeed, the capacity of constructive religious thought to inform the modern legal order depends in large measure on developing a theological account of the secular and secular law in particular.

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Faithful Presence And Theological Jurisprudence: A Response To James Davison Hunter, Zachary R. Calo Jan 2013

Faithful Presence And Theological Jurisprudence: A Response To James Davison Hunter, Zachary R. Calo

Scholarly Works

This paper considers how James Hunter’s arguments, presented both in his address and his book To Change the World, might inform the development of a constructive religious legal theory based in the particular resources of Christian theology. In speaking of religious legal theory, I mean something quite different than a theory of law and religion. For some time, the academic conversation about law and religion has centered around issues concerning church-state relations and, more broadly, the place of religion within the liberal political order. Yet, the regnant methodological concerns that have shaped this discourse reflect the boundedness of law to …

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What Is Parenthood?: Contemporary Debates About The Family Introduction, Linda C. Mcclain, Daniel Cere Jan 2013

What Is Parenthood?: Contemporary Debates About The Family Introduction, Linda C. Mcclain, Daniel Cere

Faculty Scholarship

Extraordinary changes in patterns of family life – and family law – have dramatically altered the boundaries of parenthood and opened up numerous questions about debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Despite this uncertainty, the intense focus on the definition and future of marriage diverts attention from parenthood. Demographic reports suggesting a shift away from marriage and toward alternative family forms also keep marriage in constant public view, obscuring the fact that disagreements about marriage are often grounded in deeper, conflicting convictions about parenthood. This book (as the posted …

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Niklas Luhmann's Theory Of Autopoietic Legal Systems, Hugh Baxter Jan 2013

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 …

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Did Legal Education Fail Health Reform? And How Health Law Can Help, Wendy K. Mariner Jan 2013

Did Legal Education Fail Health Reform? And How Health Law Can Help, Wendy K. Mariner

Faculty Scholarship

Arguments over the constitutionality of the Affordable Care Act illustrate the pervasiveness of health law issues in society. In court, arguments on both sides also demonstrated insufficient knowledge of the health care system and health insurance to identify and present useful arguments. Too many lawyers remained wedded to theories of constitutional law that have become disconnected from twenty-first century realities. Legal education may have something to answer for in this respect. This essay examines how legal education in health law may offer some valuable responses to ongoing critiques of legal education in general. The more law moves away from strict …

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Access To Justice For All: Towards An 'Expansive Vision' Of Justice And Technology, Jane Bailey, Jacquelyn Burkell, Graham Reynolds Jan 2013

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 …

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Examining The Benefits And Detriments Of Being A Member Of An Active Postvention Team For Survivors Of Suicide, Brittany Buquoi Jan 2013

Examining The Benefits And Detriments Of Being A Member Of An Active Postvention Team For Survivors Of Suicide, Brittany Buquoi

LSU Doctoral Dissertations

The purpose of this phenomenological qualitative research study was to examine in great detail the experiences of members of an active postvention team for survivors of suicide. This team is referred to as the Local Outreach to Suicide Survivors (LOSS) team in Baton Rouge, Louisiana. This study also assesses potential benefits and detriments of being an active member of this team. In this phenomenological research study, seven participants meeting the following criteria were interviewed: 1) Participant is a survivor of suicide 2) Participant’s loss by suicide was at least one year prior to the beginning of this study 3) Participant …

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The Gamer Subculture In Lacy, Wa, Kate Washington Jan 2013

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 …

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Idealism And Pragmatism: "Transcendent" Validity Claims In Habermas's Democratic Theory, Richard Van Barriger Jan 2013

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 …

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The Movement Of U.S. Criminal And Administrative Law: Processes Of Transplanting And Translating, Toby S. Goldbach, Benjamin Brake, Peter J. Katzenstein Jan 2013

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 …

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The Next Stage Of Csr For Canada: Transformational Corporate Governance, Hybrid Legal Structures, And The Growth Of Social Enterprise, Carol Liao Jan 2013

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 …

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Civil Non-State Actors In Peacekeeping And Peacebuilding In West Africa, Abu Bakarr Bah Jan 2013

Civil Non-State Actors In Peacekeeping And Peacebuilding In West Africa, Abu Bakarr Bah

Faculty Articles, Papers, and Other Scholarship

This paper advances the notion of civil non-state actors in peacekeeping and peacebuilding. Using Sierra Leone, Liberia, and Côte d’Ivoire as cases studies, the paper identifies three kinds of civil non-state actors in war-torn countries: international non-governmental organizations (NGOs), community-based NGOs, and ad hoc community organizations. In addition, it argues that civil non-state actors play a critical problem-solving role in peacekeeping and peacebuilding and complement the role of state actors. The paper examines the role of civil non-state actors through their dialectical affinity with state actors in the peacekeeping and peacebuilding processes. It further expands the notion of non-state actors …

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The Influence Of Race And Socioeconomic Status On Routine Screening Practices Of Physician Assistants, Deshana Ann Collett Jan 2013

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 …

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Support Services And Programmatic Interventions Four-Year Institutions Have In Place To Assist And Graduate Students With Low Academic Credentials: A Mixed Methods Study, Nada El Majzoub Jan 2013

Support Services And Programmatic Interventions Four-Year Institutions Have In Place To Assist And Graduate Students With Low Academic Credentials: A Mixed Methods Study, Nada El Majzoub

Theses and Dissertations--Educational Leadership Studies

This mixed methods study investigates the influence of student characteristics and institutional support services and interventions on graduation rates. Regression analysis was conducted using a dataset constructed from multiple publically available resources to estimate graduation rates. Regression results showed High School Grade Point Average to be the highest estimator of graduation rates, among other student and institutional characteristics. The results confirmed existing findings on the influence of student pre-college and demographic characteristics on graduation rates for students with academic needs. Content analysis of survey data from office of support service personnel at public four-year institutions shows institutions implement a wide …

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Education Policies And Migration Realities: Utilizing A State Longitudinal Data System To Understand The Dynamics Of Migration Choices For College Graduates From Appalachian Kentucky, Charles E. Mcgrew Jan 2013

Education Policies And Migration Realities: Utilizing A State Longitudinal Data System To Understand The Dynamics Of Migration Choices For College Graduates From Appalachian Kentucky, Charles E. Mcgrew

Theses and Dissertations--Educational Policy Studies and Evaluation

Census data indicates people with higher levels of education are leaving Appalachian Kentucky as they do in other rural areas. Aside from anecdotal information and primarily qualitative community studies, there is little quantitative evidence of the factors which may influence these migration decisions. State policies and regional efforts to increase educational attainment of people in the region have focused on producing more college degrees however may be contributing to the out-migration of those with higher levels of education. The study incorporates community level data with demographic, academic, and employment data from a cohort of 2005-06 college graduates from Appalachian Kentucky. …

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Strategies Under Stress: How Senior Student Affairs Officers Are Managing In The Midst Of Institutional Retrenchment, Christopher Thuringer Jan 2013

Strategies Under Stress: How Senior Student Affairs Officers Are Managing In The Midst Of Institutional Retrenchment, Christopher Thuringer

Theses and Dissertations--Educational Policy Studies and Evaluation

Higher education had been one of the highest funding priorities in most states, however, in recent years, governors and state legislators have focused their efforts in higher education on cutting budgets to deal with historic gaps in revenue. As a result, university administrators have been challenged to modify their institutions’ academic programs, administrative units, and student affairs operations to contain costs and increase revenue. This study examined the extent of financial challenges faced in student affairs divisions at four-year, state-supported institutions during the period between 2008 and 2012 and the strategies utilized by senior student affairs officers to manage them. …

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Employee Reactions To Job Insecurity In A Declining Economy: A Longitudinal Study Of The Mediating Role Of Job Embeddedness., Wendy M. Murphy, James P. Burton, Stephanie C. Henagan, Jon P. Briscoe Jan 2013

Employee Reactions To Job Insecurity In A Declining Economy: A Longitudinal Study Of The Mediating Role Of Job Embeddedness., Wendy M. Murphy, James P. Burton, Stephanie C. Henagan, Jon P. Briscoe

Faculty Articles, Papers, and Other Scholarship

In the context of the Great Recession, we examined the relationships among perceptions of job insecurity, job embeddedness, and important individual work outcomes. Specifically, we tested the role of job embeddedness as a mediator between job insecurity and the withdrawal outcomes of intention to remain and job search behavior. Results of a longitudinal study of 115 working adults indicated that perceptions of job embeddedness fully mediated the relationship between perceptions of job insecurity and intention to remain and partially mediated job insecurity’s relationship with job search behavior.

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The Creation Of "Trash The Dress" : A Solo Play, Kristina Sutton Jan 2013

The Creation Of "Trash The Dress" : A Solo Play, Kristina Sutton

LSU Master's Theses

The thesis project called for the MFA candidate to create a one-person show of originality and entertainment between 25 minutes and 45 minutes in length. This thesis, submitted to the Graduate School of Louisiana State University as partial requirement for graduation with the Master of Fine Arts degree in Theatre, follows the creation of a solo performance piece by Kristina Sutton, called “Trash the Dress.” The thesis includes inspiration for creating this solo performance piece, initial correspondence between the MFA candidate and consultants, research material and a copy of the script, personal reflection on writing and rehearsal challenges, photos from …

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Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Aviva A. Orenstein, Tamara Rice Lave Jan 2013

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Aviva A. Orenstein, Tamara Rice Lave

Articles by Maurer Faculty

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …

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I Died I Lived : Shaping An Ecological Balance, Shelby Prindaville Jan 2013

I Died I Lived : Shaping An Ecological Balance, Shelby Prindaville

LSU Master's Theses

I Died I Lived: Shaping an Ecological Balance is a body of work about our tenuous ecological situation and the power humanity has to preserve or destroy it. Through a broad range of two- and three-dimensional media, my installation transforms the gallery into an environment that demonstrates the enrichment nature delivers and the compensatory responsibility we have to conserve that experience.

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Power And Purpose : U.S. Foreign Aid And Development, Jeremy L. Wells Jan 2013

Power And Purpose : U.S. Foreign Aid And Development, Jeremy L. Wells

LSU Doctoral Dissertations

Foreign aid represents about 1 percent of the United States federal budget, but it also represents a significant portion of many recipient countries’ gross domestic products. Although there has been substantial interest in foreign aid among international political economy researchers over the last decade or so, there are still few if any answers to the most basic questions: who gets foreign aid, how much, and is it effective? Through a combination of cross-national analyses and a quantitative case study of Afghanistan during the Taliban insurgency of 2003–2009, this dissertation seeks to advance our understanding of the utility of foreign aid …

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Discrimination Of Sexual Minorities And Plans To Relocate, Margaret H. Smith Jan 2013

Discrimination Of Sexual Minorities And Plans To Relocate, Margaret H. Smith

LSU Master's Theses

LGBTQ individuals make relocation decisions with their sexual orientation and gender identity in mind (Gorman-Murray, 2007). The purpose of this study is to examine the relationship between non-violent discrimination faced by LGBTQ individuals and whether or not those individuals have future plans to relocate. A literature review of LGBTQ discrimination and LGBTQ relocation is discussed, and a secondary data analysis was conducted on a sample of LGBTQ individuals who participated in a quality-of-life survey. All hypotheses were supported except the hypothesis that analyzed anti-LGBTQ discrimination and its association with time until relocation. Results indicated that experiencing anti-LGBTQ nonviolent discrimination was …

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An Analysis Of Femininity : How Popular Female Characters In The Media Portray Contemporary Womanhood, Stephanie Ortego Roussell Jan 2013

An Analysis Of Femininity : How Popular Female Characters In The Media Portray Contemporary Womanhood, Stephanie Ortego Roussell

LSU Master's Theses

The impact of the media on adolescent girls has received greater theoretical, legal and societal focus over the last few decades. Several studies link the development of women’s gendered identities, healthy sexual activity and self-efficacy to how the media portray women. Restrictive or unrealistic themes of womanhood or femininity in the media can impact a young girl’s social construction of identity and provide limited examples of what it means to be a woman in today’s society. This study qualitatively examines femininity in contemporary media by analyzing—via textual analysis and focus groups—how popular female characters embody, portray and promote different conceptualizations …

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Dragged Into The Future : How Interent Communications And Media Legitimacy Facilitate Lagging Gender Norms, Skylar C. Gremillion Jan 2013

Dragged Into The Future : How Interent Communications And Media Legitimacy Facilitate Lagging Gender Norms, Skylar C. Gremillion

LSU Doctoral Dissertations

Social interaction is the driving force of human society and extends far beyond one-on-one conversations – it is how we learn about the behavioral expectations, beliefs and symbols of our culture. Sometimes these beliefs and expectations are related to celebrations and events that bring cultures together. Through interaction we learn that we are expected to bring a gift to a birthday party and why we even choose to celebrate birthdays at all. Yet that same framework – which is tied to the way humans categorize each other to make interaction easier – also allows cultures to share biases about different …

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Vagrant Masculinity : A Process Of Masculine Self-Conceptualization In Formerly Incarcerated Black Men, Le'brian Alexander Patrick Jan 2013

Vagrant Masculinity : A Process Of Masculine Self-Conceptualization In Formerly Incarcerated Black Men, Le'brian Alexander Patrick

LSU Doctoral Dissertations

This qualitative study explores the reorientation of masculine identities of formerly incarcerated Black men. Analysis is based on 20 in-depth interviews with 17 former inmates from the Louisiana prison system. This research investigates the impact of incarceration on the construction of masculinity. I explore the processes by which formerly imprisoned African American men construct, negotiate, and experience masculinity. My findings present how the way these men define masculinity and see themselves post-incarceration is influenced by not only their prison experience, but also by the reentry programs that they are affiliated. These men’s identities have been reformulated post-incarceration and are profoundly …

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Uncovering Nodes In The Transnational Social Networks Of Hispanic Workers, James Powell Chaney Jan 2013

Uncovering Nodes In The Transnational Social Networks Of Hispanic Workers, James Powell Chaney

LSU Doctoral Dissertations

This dissertation addresses the little studied but socially salient processes through which Latino migrant laborers find work, travel, and obtain documentation using transnational social networks spanning between their places of origin and destinations in the United States. This project focuses on the creation and maintenance of these transnational linkages with a particular interest in their expansion into locations throughout American South, the region with the highest growth rates of Hispanic populations. The aim is to understand how such migrant-labor processes influence migratory patterns and result in place creation, both in these case studies and more generally. The case studies in …

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