Digital Commons Network^™

Assessing Lesbian Gay Bisexual Resistance In Core Team Sports, Kevin Edward Lynch

Master's Theses

The purpose of this study was to examine how sport and lesbian-gay-bisexual resistance intersect with economy, media, religion, politics, education, and race and whether those institutions reinforce the hegemonic masculinity gender construction embedded in sport. Through a review of literature, I explore whether the aforementioned institutions are incorporating sociologist Eric Anderson’s inclusive masculinity or whether they are stuck in the hegemonic form mainly in the core team sport of basketball, baseball, football and hockey. Also, I investigate if Allport’s contact hypothesis has played any role in the movement from hegemonic masculinity to inclusive masculinity. Religion, education, and economy all seem …

Walt Kuhn: From Spotlight To Studio, The Art Of Show Business, Emily May Mcewan-Upright

Master's Theses

Walt Kuhn, an American artist born in New York, is often overlooked for his contribution to Modern American Art. Kuhn is typically recognized for his organizational and curatorial role in the 1913 Armory Show, but he was also internationally known in his time for his paintings of show people and as a creative director for several vaudeville and circus acts over his lifetime. During his career as a creative director, Kuhn’s artwork evolved from superficial renderings of theatre scenes to psychologically intense tronies of performers. Kuhn and other American artists, including the Ashcan group and Edward Hopper, examined the relationship …

Identity And User Preference In The Presentation And Content Of Digital Archives: A Study Of The Plumas County Museum’S Haun Collection, Lindsay Morton

Master's Theses

This thesis explores user preference in the presentation and content of online archives in small, local institutions. To obtain data for this study, a collection from the Plumas County Museum in northern California was digitized, and three versions were presented on a custom-built test website: 1) a straightforward reproduction of documents in the collection; 2) a pairing of reproductions and typed transcripts; and 3) a selective, interpretive reproduction with supporting secondary material. Users with a variety of research backgrounds viewed the website and provided feedback through an anonymous, online survey. Google Analytics was also used to measure site traffic.

During …

Enforcing Takings Clauses In China, Jie Cheng

All Faculty Publications

Property rights are considered fundamental in constitutional jurisprudence and essential for economic development. However, China’s economic growth over the past 30 years has posed a special paradox to many theorists: for some, it is a mysterious phenomenon that China could continue rapid growth for a few decades without proper contract law until 1999 and without constitutional private property rights until after 2004. For others, the lack of property rights explains the social unrests arising from land-taking and the potential risk of non-sustainability of further development. This does not mean that there is no property protection in China; both the Constitution …

Reactive To Proactive: Title Ix's Unrealized Capacity To Prevent Campus Sexual Assault, Katharine B. Silbaugh

Faculty Scholarship

This article examines the efforts to use Title IX to address the problem of sexual assaults on college campuses. It seeks to explain an odd phenomenon: universities seem to put more resources into addressing assaults that have already occurred than they do into preventing sexual assaults from occurring. To better understand how universities implicitly frame their options for addressing sexual assault, I’m going to posit that there are two particularly prevalent analytic approaches to sexual assault prevention. I’m going to call one the law enforcement approach and the other the public health approach. I’m going to link the law enforcement …

Microsoft After Fifteen Years, Keith N. Hylton

Faculty Scholarship

United States v. Microsoft Corp. (Microsoft III) is now fifteen years old, and that I would write such a long introduction to a reprint of significant portions from the opinion is a sign its significance has not died out. Just the opposite, I think it will become more significant in the near future, and not only because of its impact on U.S. antitrust law. The decision lays the groundwork for international enforcement of antitrust in high technology markets, at least as we have come to know them, and this is likely to continue to be significant for the foreseeable future.

Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen

Scholarly Works

This update summarizes New York cases related to land use and zoning that were decided in the first half of 2015.

Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen

Scholarly Works

The author discusses the imminent Supreme Court decision in Reed v. Town of Gilbert. Depending on how the Court decides the case, municipalities may need to act quickly to amend their sign regulations.

A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Pinon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan D. Rosenbloom, Inara K. Scott, David Takacs

Scholarly Works

This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …

No Parking Anytime: The Legality And Wisdom Of Maximum Parking And Minimum Density Requirements, Michael Lewyn, Judd Schechtman

Scholarly Works

This article focuses on two aspects of smart growth policy that have thus far received little attention: maximum parking and minimum density requirements. To ascertain the frequency of such regulations, we examine the zoning regulations of twenty-four mid-sized cities, defined as those with populations between 500,000 and one million residents. The article concludes that the first type of regulation is somewhat common, but is usually restricted to certain types of land uses or sections of a city. Minimum density requirements, by contrast, are quite rare and quite lenient. Because these types of regulations have received little scholarly attention and are …

Internally Buffered Districts: A New Technique To Make Zoning Less Exclusionary, William Leaf, Michael Lewyn

Scholarly Works

Proposes creating a new kind of zone called an "internally buffered district." Within these zones, intensive land uses like stores and apartments are allowed, so long as the latter uses are physically separated from nearby residential districts. The article suggests that developers compensate homeowners for rezoning their property to the internally buffered classification, thus allowing for both more compact development and more protection of homeowners' interests.

Millennial Generation And The Mobile Internet Devices In Shopping Activities, Giovanna Cabrera, Katia Gutiérrez, Pedro Guzmán Espinal

Theses

The Millennial Generation and the technology revolution using MID’s are changing business interactions with customers. Despite the fact Millennials are purchasing through MID’s and using these devices to support their purchasing decision, in Dominican Republic there is no available data to explain this consumer trend. The purpose of this study is to explore what Millennials value the most in the purchase process using MID’s. For this study a phenomenological interview approach, contrasting two main elements: “Social Management” and “Consumer Empowerment”, using the framework described in “The Meaning of Shopping Experiences Augmented by Mobile Internet Devices” from Brian Spaid and Daniel …

Expression Of Enteropathogenic Escherichia Coli Map Is Significantly Different Than That Of Other Type Iii Secreted Effectors In Vivo., Mai Nguyen, Jason Rizvi, Gail Hecht

Department of Medicine Faculty Papers

The enteropathogenic Escherichia coli (EPEC) locus of enterocyte effacement (LEE)-encoded effectors EspF and Map are multifunctional and have an impact on the tight junction barrier while the non-LEE-encoded proteins NleH1 and NleH2 possess significant anti-inflammatory activity. In order to address the temporal expression of these important genes in vivo, their promoters were cloned upstream of the luxCDABE operon, and luciferase expression was measured in EPEC-infected mice by bioluminescence using an in vivo imaging system (IVIS). Bioluminescent images of living mice, of excised whole intestines, and of whole intestines longitudinally opened and washed were assessed. The majority of bioluminescent bacteria localized …

Unfair And Deceptive Robots, Woodrow Hartzog

Faculty Scholarship

Robots, like household helpers, personal digital assistants, automated cars, and personal drones are or will soon be available to consumers. These robots raise common consumer protection issues, such as fraud, privacy, data security, and risks to health, physical safety and finances. Robots also raise new consumer protection issues, or at least call into question how existing consumer protection regimes might be applied to such emerging technologies. Yet it is unclear which legal regimes should govern these robots and what consumer protection rules for robots should look like.

The thesis of the Article is that the FTC’s grant of authority and …

Increasing The Transaction Costs Of Harassment, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Wouldn’t it be nice if the rules, agreements, and guidelines designed to prevent online harassment were sufficient to curb improper behavior? As if. Wrongdoers are not always so easily deterred. Sometimes these approaches are about as effective as attacking tanks with toothpicks.

As Danielle Citron contends in her critically important work, Hate Crimes in Cyberspace, the design of the Internet facilitates vitriol and abuse, even when it is legally, contractually, and normatively prohibited. Communicating almost effortlessly at distance—sometimes anonymously and typically with minimized body language—can heighten emotional detachment and blunt moral sensitivity. Tragically, when a mediated environment makes it …

Puzzles Of Proportion And The Reasonable Military Commander: Reflections On The Law, Ethics, And Geopolitics Of Proportionality, Robert D. Sloane

Faculty Scholarship

This article offers modest reflections on jus in bello proportionality. It suggests that the law of armed conflict (LOAC) build on the only consensus legal standard that exists: that of the good-faith reasonable military commander. The difficulty — here, as with any reasonableness standard — is to identify factors that realistically can, and legally should, guide adherence to it and to consider the objective and subjective dimensions of judgments under the standard. Part II scrutinizes the content and status of Additional Protocol I’s (API) canonical definition of proportionality. It analyzes its text and context to bring out the extent to …

From Outsider Status To Insider And Outsider Again: Interest Convergence Theory And Normalization Of Lgbt Identity, Alexander Nourafshan, Angela Onwuachi-Willig

Faculty Scholarship

After the Supreme Court’s decision in United States v. Windsor, which declared the federal Defense of Marriage Act (DOMA) unconstitutional,and after the granting of certiorari in Obergell v. Hodges, where the Supreme Court will decide whether the Fourteenth Amendment requires states to provide a marriage license to same-sex couples, national marriage equality seems like a legal inevitability.However, Windsor and Obergell, along with other state-level advances toward marriage equality, are not equally promising for all members of the lesbian and gay community. Although Windsor and the revolution of cases that have led to Obergell hold significant promise for one privileged subset …

Addressing Cyber Harassment: An Overview Of Hate Crimes In Cyberspace, Danielle K. Citron

Faculty Scholarship

This short piece will take a step back and give an overhead view of the problem of cyber harassment and the destructive impact it can have on victims’ lives. Then, it will address about what the law can do to combat online harassment and how a legal agenda can be reconciled with the First Amendment. Finally, it will turn to recent changes in social media companies’ treatment of online abuse and what that might mean for our system of free expression.

Trafficked? Aids, Criminal Law And The Politics Of Measurement, Aziza Ahmed

Faculty Scholarship

Since early in the HIV epidemic, epidemiologists identified individuals who transact sex as a high-risk group for contracting HIV. Where the issue of transacting sex has been framed as sex work, harm-reduction advocates and scholars call for decriminalization as a primary legal solution to address HIV. Where the issue is defined as trafficking, advocates known as abolitionists argue instead for the criminalization of the purchase of sex.

Global health governance institutions are porous to these competing ideas and ideologies. This article first historicizes the contestation between harm-reduction and abolition in global governance on health. The paper then turns to a …

The Universality Of Medicaid At Fifty, Nicole Huberfeld

Faculty Scholarship

This essay, written for the Yale Law School symposium on The Law of Medicare and Medicaid at 50, explores how the law of Medicaid after the ACA creates a meaningful principle of universalism by shifting from fragmentation and exclusivity to universality and inclusivity. The universality principle provides a new trajectory for all of American health care, one that is not based on individual qualities that are unrelated to medical care but rather grounded in non-judgmental principles of unification and equalization (if not outright solidarity). This essay examines the ACA's legislative reformation, which led to universality, and its quantifiable effects. The …

Ending The Isolation: An Introduction To The Special Volume On Human Rights And Solitary Confinement, Debra Parkes

All Faculty Publications

Prisoners and their advocates in Canada and around the world have been calling attention to the harms and impact of solitary confinement for some time. What is significant about the current moment is that these calls seem to be achieving some traction, even as the use of solitary confinement grows across jurisdictions. This short piece introduces a special volume of the Canadian Journal of Human Rights which collects the writing of advocates and scholars from a range of disciplines (criminology, law, philosophy) who bring a variety of perspectives and methodologies to bear on the opaque correctional systems that hold human …

The Politics Of Early Justice, Federal Judicial Selection, 1789-1861, Michael J. Gerhardt, Michael Ashley Stein

Faculty Publications

No abstract provided.

Worker Collective Action In The Digital Age, Jeffrey M. Hirsch

Faculty Publications

No abstract provided.

Eeoc V. Abercrombie & Fitch: Mistakes, Same-Sex Marriage, And Unintended Consequences, Jeffrey M. Hirsch

Faculty Publications

No abstract provided.

Off-Label Drug Promotion And The Ephemeral Line Between Marketing And Education, Joan H. Krause

Faculty Publications

No abstract provided.

"Operation Red Campus”: An Experimental Analysis Of Crnc Advertisements Targeting The Millennial Generation, Ellen Mullee Schmidt

LSU Master's Theses

Using an experimental survey design, this study evaluated an advertising campaign developed by the College Republican National Committee targeting Millennials in the 2014 midterm elections. Three particular advertisements from “Operation Red Campus” were selected and tested using a pre-survey and two post-surveys. Due to data constraints, only the results of the first post-survey were used in this analysis. This campaign was designed in response to the Republican Party’s continued problems of low youth turnout and poor party perceptions. This thesis analyzes the effectiveness of the strategies employed by the CRNC to target 18-24-year-olds with this campaign, adding to the limited …

This Is My Attempt To Hold On, Kimberly Reneé Jones

LSU Master's Theses

I am an identical twin. The connection I share with my twin sister is intense and immediate. But now, we live over 800 miles apart. This Is My Attempt To Hold On serves as a visual metaphor for the longing for the undiluted rapport we have when we are together, and the frustrations of communicating with her through a digital device. I am constantly dissatisfied with my attempts to connect with her. I watch myself, my words, and my thoughts become diffused through the pixels. The work exists as composites of various mediums, creating a dialogue between photography, printmaking, sculpture, …

Identification Of The Causal Agent Of Leaf And Crown Rot Of Liriope In Louisiana, Carla Milena Proano

LSU Master's Theses

Leaf and crown rot of Liriope is an increasing problem affecting Liriope in the nursery and landscape for the past eight years primarily in the southeastern United States. Symptoms start with water soaking of leaves at the crown area, followed by yellowing of the entire leaf starting at the base. Affected crowns rot and leaves turn brown leading to death of the plants. Phytophthora palmivora and Fusarium oxysporum were isolated and identified from ‘Big Blue’ Liriope symptomatic plants taken from the nursery and landscape. The pathogens were positively identified by morphological features of the pathogens and then confirmed with polymerase …

The Environmental Emergency And The Legality Of Discretion In Environmental Law, Jocelyn Stacey

All Faculty Publications

This article argues that environmental issues confront us as an ongoing emergency. The epistemic features of serious environmental issues – the fact that we cannot reliably distinguish ex ante between benign policy choices and choices that may lead to environmental catastrophe – are the same features of an emergency. This means that, like emergencies, environmental issues pose a fundamental challenge for the rule of law: they reveal the necessity of unconstrained executive discretion. Discretion is widely lamented as a fundamental flaw in Canadian environmental law, which undermines both environmental protection and the rule of law itself. Through the conceptual framework …

Surrogates In Quebec: The Good, The Bad And The Foreigner, Régine Tremblay

All Faculty Publications

The regime for the formal establishment of parent-child relationships in the province of Quebec was substantially modified in 2002 in order to achieve equality. Reforms to filiation – the legal bond connecting child and mother or child and father – in Quebec provided means for same-sex couples to adopt, for lesbian couples to conceive using donated sperm and clarified the filiation of children born of assisted procreation. This ‘successful’ reform in terms of equality left untouched an existing rule justified by women’s equality, namely, what the civil law calls the absolute nullity of surrogacy agreements. Surrogacy raises questions about what …