Digital Commons Network^™

Recent Developments In Land Use Ethics, Patricia E. Salkin

Scholarly Works

Current events across the country reveal no shortage of allegations of unethical conduct in the land use review process. Sadly, there are countless other media accounts of alleged and proven conflicts of interest and other ethical misconduct. In this annual review of reported decisions involving ethics in land use, recent decisions are discussed in the hopes that municipal attorneys will use this information as the basis of ongoing training for members of planning boards, zoning boards, and local legislative bodies who must be routinely reminded of not only their legal but ethical responsibilities in upholding the public trust.

¿Con La Misma Vara? Los Altibajos De La Igual Protección De Las Leyes En Las Opiniones Del Juez Federico Hernández Denton, Jorge R. Roig

Scholarly Works

La carrera del juez presidente Federico Hernández Denton como juez del Tribunal Supremo de Puerto Rico abarca cuatro distintas décadas durante las cuales la sociedad puertorriqueña ha experimentado dramáticos cambios. Desde los intentos por eliminar el hostigamiento sexual y la violencia doméstica hasta el desarrollo de los derechos civiles de los individuos y las parejas homosexuales; desde el cierre de las urbanizaciones adineradas y el enclaustre de la clase media hasta los despidos masivos en el gobierno y la constitucionalización de las escoltas de los ex gobernadores; los cambios experimentados por los puertorriqueños no nos han tocado a todos por …

Judicial Review And Parliamentary Debate: Enriching The Doctrine Of Due Deference, Liora Lazarus, Natasha Simonsen

All Faculty Publications

Recent cases in the European Court of Human Rights have placed greater emphasis on the quality of legislative debate when determining whether to apply the margin of appreciation to the decisions of member States. This paper explores how courts in general might go about assessing the quality of legislative debate about rights, and presents a set of criteria against which such debate can be assessed. While pushing at the boundaries of constitutional orthodoxy, this paper looks ahead to a framework of democratic dialogue where sovereignty is shared between courts, Parliament and other constitutional organs. In this context, it argues that …

Visible-Light Photocatalyzed Cross-Linking Of Diacetylene Ligands By Quantum Dots To Improve Their Aqueous Colloidal Stability, Marion G. Götz, Hiroko Takeuchi, Matthew J. Goldfogel, Julia M. Warren, Brandon D. Fennel, Colin D. Heyes

Chemistry & Biochemistry Faculty Publications and Presentations

Ligand cross-linking is known to improve the colloidal stability of nanoparticles, particularly in aqueous solutions. However, most cross-linking is performed chemically, in which it is difficult to limit interparticle cross-linking, unless performed at low concentrations. Photochemical cross-linking is a promising approach but usually requires ultraviolet (UV) light to initiate. Using such high-energy photons can be harmful to systems in which the ligand–nanoparticle bond is fairly weak, as is the case for the commonly used semiconductor quantum dots (QDs). Here, we introduce a novel approach to cross-link thiolated ligands on QDs by utilizing the photocatalytic activity of QDs upon absorbing visible …

Modern Islamic Motif Design: Developing New Arabesque Motifs By Mixing Styles, Shuruq Nahhas

Theses

"Modern Islamic Motif Design: Developing New Arabesque Motifs by Mixing Styles" focuses on developing modern arabesque motifs that are based on the method of mixing styles. This method is based on mixing the most representational characteristics of two styles from different period of time: modern and historical Islamic styles. The achievement will look modern and Islamic at the same time without losing the elements of the old style. The purpose of this research is to revive historical Islamic motifs and adding a contemporary look to them by keeping the Islamic look, which could be used perfectly in many fields of …

A New Covert Channel Over Cellular Network Voice Channel, Bushra Sulaiman Aloraini

Theses

Smartphone security has become increasingly more significant as smartphones become a more important part of many individuals' daily lives. Smartphones undergo all computer security issues; however, they also introduce a new set of security issues as various capabilities are added. Smartphone security researchers pay more attention to security issues inherited from the traditional computer security field than smartphone-related security issues. The primary network that smartphones are connected to is the cellular network, but little effort has been directed at investigating the potential security issues that could threaten this network and its end users.

A new possible threat that could occur …

Minus 25 Betty Tyson, Taunja Isaac

Theses

Betty Tyson was convicted of murder in May 1973 in Rochester, NY. She was sentenced to 25 years to life in prison. Her trial was hasty and the jury of peers she faced was all white. The evidence against her was tainted yet she was still found guilty. I was 9 years old when I first heard this story. When I decided to pursue my Master in Fine Art, I remembered this story and wanted to use my journalism instincts that I developed during my undergraduate degree at SUNY Brockport. I approached my thesis committee for approval to pursue this …

Endogenous Ros Levels In C. Elegans Under Exogenous Stress Support Revision Of Oxidative Stress Theory Of Life-History Tradeoffs, Samson W. Smith, Leigh C. Latta Iv, Dee R. Denver, Suzanne Estes

Biology Faculty Publications and Presentations

Background: The oxidative stress theory of life-history tradeoffs states that oxidative stress caused by damaging free radicals directly underpins tradeoffs between reproduction and longevity by altering the allocation of energetic resources between these tasks. We test this theory by characterizing the effects of exogenous oxidative insult and its interaction with thermal stress and diet quality on a suite of life-history traits and correlations in Caenorhabditis elegans nematodes. We also quantify demographic aging rates and endogenous reactive oxygen species (ROS) levels in live animals.

Results: Our findings indicate a tradeoff between investment in reproduction and antioxidant defense (somatic maintenance) consistent with …

The Value Of Modest Privacy Protections In A Hyper Social World, Woodrow Hartzog

Faculty Scholarship

Two of the greatest modem challenges to protecting personal information are determining how to protect information that is already known by many and how to create an adequate remedy for privacy harms that are opaque, remote, or cumulative. Both of these challenges are front and center for those who seek to protect socially shared information. Social media and wearable communication technologies like Google Glass present vexing questions about whether information that is known by many can ever be "private," what the privacy harm might be from this information's misuse, and how to remedy such harms in balance with competing values …

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

Faculty Scholarship

This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …

Patents At Issue: The Data Behind The Patent Troll Debate, Jonathan H. Ashtor, Michael J. Mazzeo, Samantha Zyontz

Faculty Scholarship

The debate over "patent trolls"' is raging at full tilt and its fury is stoked by fundamental questions about patent assertion. Both sides are struggling to understand which patent assertion practices are consistent with the purpose of patent rights and which are abusive and result in net social costs. This Article addresses patent assertion concretely through empirical analysis of actual infringement awards. In particular, this Article studies all awards granted for findings of patent infringement in U.S. district courts between 1995 and 2011, and, with targeted analyses, focuses on cases involving patent assertion entities ("PAEs"). This Article specifically investigates certain …

The Semiotics Of Film In Us Supreme Court Cases, Jessica Silbey, Meghan Hayes Slack

Faculty Scholarship

This chapter explores the treatment of film as a cultural object among varied legal subject matter in US Supreme Court jurisprudence. Film is significant as an object or industry well beyond its incarnation as popular media. Its role in law – even the highest level of US appellate law – is similarly varied and goes well beyond the subject of a copyright case (as a moving picture) or as an evidentiary proffer (as a video of a criminal confession). This chapter traces the discussion of film in US Supreme Court cases in order to map the wide-ranging and diverse ­relations …

The Direct Costs From Npe Disputes, Michael J. Meurer, James Bessen

Faculty Scholarship

In the past, “non-practicing entities” (NPEs), popularly known as “patent trolls,” have helped small inventors profit from their inventions. Is this true today or, given the unprecedented levels of NPE litigation, do NPEs reduce innovation incentives? Using a survey of defendants and a database of litigation, this paper estimates the direct costs to defendants arising from NPE patent assertions. We estimate that firms accrued $29 billion of direct costs in 2011. Although large firms accrued over half of direct costs, most of the defendants were small or medium-sized firms. Moreover, an examination of publicly listed NPEs indicates that little of …

Saving The Federal Circuit, Paul Gugliuzza

Faculty Scholarship

In a recent, attention-grabbing speech, the Chief Judge of the Seventh Circuit, Diane Wood, argued that Congress should abolish the Federal Circuit’s exclusive jurisdiction over patent cases. Exclusive jurisdiction, she said, provides too much legal uniformity, which harms the patent system. In this response to Judge Wood’s thoughtful speech, I seek to highlight two important premises underlying her argument, neither of which is indisputably true.

The first premise is that the Federal Circuit actually provides legal uniformity. Judge Wood suggests that, due to the Federal Circuit’s exclusive jurisdiction, patent doctrine is insufficiently “percolated,” meaning that it lacks mechanisms through which …

A Fork In The Stream: The Unjustified Failure Of The Concurrence In J. Mcintyre Machinery Ltd. V. Nicastro To Clarify The Stream Of Commerce Doctrine, Cody Jacobs

Faculty Scholarship

A foreign manufacturer sells a product to an American distributor in State A, who then resells the product to an American consumer in State B. The consumer is injured by the product and attempts to sue the foreign manufacturer in State B. Can State B exercise personal jurisdiction over the manufacturer? This deceptively simple and seemingly common question, and related questions involving the socalled "stream of commerce," has fractured the United States Supreme Court for over twenty years, leaving consumers, manufacturers, and distributors unsure of their rights and potential liabilities. This Article focuses on a recent missed opportunity the Court …

The Golden Or Bronze Age Of Judicial Selection?, Jed Handelsman Shugerman

Faculty Scholarship

In The Politics of Early Justice, Michael Gerhardt and Michael Stein convincingly undercut the conventional wisdom that there was a "golden age" of federal judicial selection in the early 1gth century: an era of merit-based, non-partisan nominations and deferential confirmations by the Senate., Their research is laudably thorough and groundbreaking, and it will serve as an important starting point for scholars and policymakers studying the history of federal judicial selection. Now that Gerhardt and Stein have uncovered and organized the comprehensive record of early federal judicial appointments, the question is how to interpret this wealth of new information.

This …

Linking Resilience And Good Governance: A Literature Review, Nikki Bedi, Madilynn Bishop, Ukiah Hawkins, Olivia Miller, Rodrigo Pedraza, Anna Preble, Angela Rico-Rairan

Anthós

Natural or manmade shocks and stresses affect communities in a variety of ways. One way that researchers have tried to isolate the conditions that lead to a thriving community in the face of disaster is the study of resilience. Resilience is the capacity of communities in complex socio-ecological systems to learn, cope, adapt, and transform in the face of shocks and stresses. A key part of resilience is the existence of good governance, which Mercy Corps has identified as a process of decision-making that is accountable, transparent, just, responsive and participatory. The pursuit of good governance can be a beneficial …

Veteran Literacy: A Case For Veteran Identity Theory In Composition And Literature, Devin Whitaker

Anthós

In this paper I will outline a selection of texts to demonstrate the diverse literacies brought to higher learning institutions by veterans and discuss many of the challenges veterans face when translating these literacies to an in-class instructional setting. I will also identify social disconnections when interpreting the veteran experience through a deficit-based model and offer a preliminary, veteran-centric mode of re-interpretation. By drawing on some key experiences as a Hospital Corpsman having served with the Marine Corps Infantry, I will also attempt to construct a preliminary model for studying the experience of Post 9/11 veterans from an experienced, asset-based …

Insurance At The Energy-Water Nexus, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Melissa B. Jacoby, Edward J. Janger

Faculty Publications

No abstract provided.

Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.

Book Review Of, Dhana Hughes. Violence, Torture And Memory In Sri Lanka: Life After Terror, And Gordon Weiss. The Cage: The Fight For Sri Lanka And The Last Days Of The Tamil Tigers, Michele Ruth Gamburd

Anthropology Faculty Publications and Presentations

Reviews the books "Violence, Torture and Memory in Sri Lanka: Life after Terror" by Dhana Hughes and "The Cage: The Fight for Sri Lanka and the Last Days of the Tamil Tigers" by Gordon Weiss

The Devil Made Her Do It: Three Horror Film Case Studies In The Exorcism Subgenre, Charles Austin Mcdonald Ii

LSU Doctoral Dissertations

Although interest in exorcism has spiked in real world and fictional filmic contexts, scholars have yet to fully identify the exorcism film as a subgenre of the horror film. Following Anne Rothe’s (2011) argument that representation of trauma in popular culture may function like “a discursive knot in contemporary culture due to its vast associative powers of generating interactions between disparate ideas” (p. 4), this study recognizes exorcism as a discursive knot that deserves further attention. Utilizing a case study approach, this dissertation focuses on three exorcism films: The Exorcism of Emily Rose (2005), The Last Exorcism (2010), and The …

A Case Study Of Tracie Morris's Project Princess, Tammie Jenkins

LSU Doctoral Dissertations

In this study, I explore the intertextuality in spoken word poetry using Tracie Morris’s spoken word poem Project Princess (1998) as a case study. My hypothesis is that the intertextuality in spoken word poetry is derived from its genealogical contributions. Using narrative inquiry, I investigate Project Princess as page poetry and oral performance text anchored in the genealogy of spoken word poetry. The following research questions guided this study: How does intertextuality function in Tracie Morris’s spoken word poem Project Princess? What role does the genealogy of spoken word poetry play in understanding the intertextuality in Tracie Morris’s spoken word …

Information Systems Scholarship: An Examination Of The Past, Present, And Future Of The Information Systems Academic Discipline, James Alec Love

LSU Doctoral Dissertations

This dissertation investigates the topic of scholarship in the Information Systems (IS) discipline through a series of three papers. The papers, presented in Chapters 2, 3, and 4, each delve into a specific chronological period of IS scholarship which are delineated into the past, present, and future. Chapter 2 elucidates the IS discipline’s ‘past’ by categorizing the entire corpus of extant research in the Association of Information Systems Senior Scholars’ Basket of eight journals. Clusters derived from these mainstream journal publications represent a thematic identity of the IS discipline. After analyzing the corpus altogether, further analysis segments the corpus into …

Community Media As A Forum For Resistance: The Case Of The Romero Theater Troupe, Michael Kilman

Anthropology Theses

Over the past several decades, mainstream mass media is increasingly becoming a conduit for the consolidation of political power and not as a vehicle to support and maintain democracy. Representing aspects of a western homogenous culture, mainstream mass media often lacks a means for local representation and can obscure coverage of important local and community issues related to social justice and the effects of structural violence. The Romero Theater Troupe in Denver, Colorado serves as an example of community media that acts as a network of local resistance. The Troupe uses community members instead of actors and a consensus model …

Financial Innovation And Flexible Regulation: Destabilizing The Regulatory State, Cristie Ford

All Faculty Publications

The author examines the regulatory failures leading up to the financial crisis, the rise of “flexible regulation,” the effects of financial innovation on regulation, and three different case studies that illuminate the drastic effects of that innovation: the Basel II banking regulations, the Canadian Asset-Backed Commercial Paper market, and the process for writing the Volcker Rule. Finally, she examines the underlying assumptions that should be re-examined in order to create more effective regulatory policies.

Introduction, Sarah Nicole Donaldson

Anthós

Provides an overview of the content in this issue

Learning To Read (Gender): Children’S Animation And The New Heterosexism, Kaelyn Flowerday

Anthós

This paper examines and compares two American animated productions targeting elementary and middle school children, and in doing so aims to elucidate the handling of gender in similar television programs and feature films of the past three decades. These animated works are treated here as a Foucauldian apparatus, one predicated on the force of systematically structured observation, which functions to manipulate power relations in the favor of hetero- and cis-male order. The Disney feature Beauty and the Beast supplies a case for investigating the heterosexist discourses of these contemporary animated media. However, as will be shown, comparatively feminist animated works …

Two By Two Leadership: A Model Of Christian Leadership, Joseph Swanner

Doctoral Dissertations and Projects

A growing number of scholars are accepting the suggestion that shared leadership is preferred over individual leadership. The shared leadership model is proliferating into new fields where it is being modified and improved. Biblically, there is a pattern of sending individuals two by two into leadership, as well. Christian leadership models of the future must also return to the two by two, co-leader ideal. There is room for strategizing the details of what this model will look like on a practical level. Utilizing a case study and surveys, this project examines the effects of this leadership model in a church …