Digital Commons Network^™

Collateral Consequences And The Preventive State, Sandra G. Mayson

Scholarly Works

Approximately eight percent of adults in the United States have a felony conviction. The “collateral consequences” of criminal conviction (CCs) — legal disabilities imposed by legislatures on the basis of conviction, but not as part of the sentence — have relegated that group to permanent second class legal status. Despite the breadth and significance of this demotion, the Constitution has provided no check; courts have almost uniformly rejected constitutional challenges to CCs. Among scholars, practitioners and mainstream media, a consensus has emerged that the courts have erred by failing to recognize CCs as a form of additional punishment. Courts should …

Taxing Compensatory Stock Rights Transferred In Divorce, Gregg Polsky, Kathleen Delaney Thomas

Scholarly Works

Stock-based compensation has become increasingly prevalent in recent years. As a result, many high net worth divorces now result in the transfer of compensatory stock rights from the employee spouse to the nonemployee spouse as part of the marital settlement. Despite this growing trend, the tax consequences of these transfers have not yet been explored fully. This Article endeavors to fill this void and explain both the planning opportunities and potential pitfalls in transferring compensatory stock rights in divorce. These transfers can shift ordinary income from a high-bracket spouse to a lower-bracket spouse, creating a tax surplus that enlarges the …

"Sticky" Arbitration Clauses? The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal

Scholarly Works

We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the Supreme Court’s decision in Concepcion, commentators predicted that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form contracts to avoid the risk of class actions. We examine two samples of franchise agreements: one sample in which we track changes in arbitration clauses since 1999, and a broader sample focusing on changes since 2011, immediately before Concepcion was decided. Our central finding is consistent across …

Theorizing Precedent In International Law, Harlan G. Cohen

Scholarly Works

Precedent presents a puzzle for international law. As a matter of doctrine, judicial decisions construing international law are not-in-and-of themselves law. They are not binding on future parties in future cases, even before the same tribunal. And yet, international precedent is everywhere. From international investment to international criminal law to international human rights to international trade, prior decisions are invoked, argued over, and applied as precedents by practitioners and by tribunals.

How and why do certain interpretations of international law take on the weight of precedent, reshaping international law arguments around them, while others do not? This chapter develops a …

Review Of Symbolic Power, Politics, And Intellectuals: The Political Sociology Of Pierre Bourdieu, By David L. Swartz, David Karen

Sociology Faculty Research and Scholarship

No abstract provided.

Blended Framework: Bill Mckibben's Use Of Melodrama And Comedy In Environmental Rhetoric, Megan E. Cullinan

Graduate Student Theses, Dissertations, & Professional Papers

In the last five years, as climate change became less abstract and more noticeable, conversations surrounding the issues have begun to change. In the past, solutions to climate change were framed in terms of how individuals can made a difference—and yet, no significant changes have occurred. Research shows that the main contributors to climate change are the fossil fuel industry, as both extraction and consumption of fossil fuel products are irresponsible and unsustainable. Thus, it is important for climate change conflict to leave the personal sphere and become more prominent as a political controversy.

Bill McKibben’s blended framing of climate …

Self-Compassion As A Moderator Of The Relationship Between Emotion Dysregulation And Borderline Personality Disorder Symptoms, Priya Loess

Graduate Student Theses, Dissertations, & Professional Papers

A core feature of borderline personality disorder (BPD) is emotion dysregulation (American Psychiatric Association, 2013). Such dysregulation leads to emotions spiraling out of control, hindering reason, and leading to out-of-control maladaptive behaviors (Conklin, Bradley, Westen, 2006). Invalidating environments, coupled with biologically based emotional vulnerability, are thought to account for the development of BPD (Linehan, 1993). Self-compassion (SC) is in contrast to some common symptoms related to BPD, such as self-hatred, intense shame, and negative self-schemas. SC was tested as a potential moderating mechanism in the relationship between emotion dysregulation and BPD symptoms among a sample of college students. SC consists …

Population Differentiation And Habitat Selection Of A Montane Red Fox Population In The Greater Yellowstone Ecosystem, Patrick Cross

Graduate Student Theses, Dissertations, & Professional Papers

Montane red fox (Vulpes vulpes) populations across the western United States are genetically and morphologically distinct from foxes at lower elevations. These montane populations also share a preference for subalpine forest habitats. One hypothesis is that they stem from boreal forest-associated ancestors that expanded during the Pleistocene when boreal forests extended farther south than they do today. Forest habitat selection may therefore aid the persistence of native populations surrounded by non-native conspecifics. Alternatively, this behavior may be an avoidance mechanism in response to competition with larger coyotes (Canis latrans), or a product of the fox's natural adaptability. The red fox …

The Piegan View Of The Natural World, 1880-1920, Rosalyn R. Lapier

Graduate Student Theses, Dissertations, & Professional Papers

This dissertation is a new interpretation of the stories told by the Piegan people (now known as the Blackfeet) from 1880-1920, about their relationship with the natural world. It is a history of the transition to reservation life, the economy of the reservation, individual Piegan who told stories, the ethnographers who recorded the stories and what those stories tell us about Piegan views of the natural world. It is a blend of different methodologies within history: archival research, ethnohistory, oral history and first-person narrative. This new interpretation argues that although the transition to reservation life was difficult, the Piegan worked …

Stages Of Change Theory Applied To Self-Critical Thinking And Fear Of Compassion: A Brief Psycho-Educational Intervention, Meghan Theresa Gill

Graduate Student Theses, Dissertations, & Professional Papers

Self-critical thinking has been identified as a trans-diagnostic feature of several forms of psychopathology, including depression, and anxiety (Gilbert & Proctor 2006). Recent research has found that developing self-compassion skills reduces symptoms of distress and correlates with beneficial outcomes (Barnard & Curry, 2011). Unfortunately, it also appears that some who experience high levels of self-criticism also experience a fear of compassion (i.e., a resistance to soothing and care when directed toward the self or when received from others). Fear of compassion has been identified as a barrier to engagement in, and efficacy of psychological treatment (Gilbert, McEwan, Matos, & Rivis, …

Editorial Tribute To Professor G. William Rice, Christine J. Jordan, Connie Tsosie De Haro

Tribal Law Journal

It is with great admiration, affection and respect that the Tribal Law Journal dedicates this issue to the memory of Professor G. William Rice. Professor Rice’s work had a wide and long-lasting impact on the Indian Law community. As legal professionals who strive to make a positive difference in the lives of Indigenous people, we can only hope to live in a way that would make Professor Rice proud. He will be dearly missed.

The Tribal Law Journal is honored to publish his last article, American Indian Children and U.S Policy in this issue.

American Indian Children And U.S. Policy, Angelique Eaglewoman (Wambdi A. Wastewin), Sisseton-Wahpeton Dakota Oyate Of The Lake Traverse Reservation, G. William Rice, United Keetoowah Band Of Cherokee Indians In Oklahoma

Tribal Law Journal

This article presents the major impact of implemented U.S. Indian policies on the lives of American Indian children. First, the article discusses U.S. policies aimed to re-socializing American Indians through imposition of external language, culture, and beliefs through a system of government-mandated education. In the late 1700s through the 1800s, the U.S. government set a course for military control over American Indian peoples. Re-socialization as an assimilation policy forced profound lifestyle and culture changes. These policies were aimed directly at American Indian children through mandatory Indian residential boarding schools. After decades of resistance, many tribal communities achieved educational reform. Assimilation …

'In The Interests Of Justice' As The New Test To Exclude Relevant Evidence In Singapore: Anb V Anc [2014] Sghc 172; Wan Lai Ting V Kea Kah Kim [2014] Sghc 180, Siyuan Chen

Research Collection Yong Pung How School Of Law

In 2012, Singapore’s venerable Evidence Act (EA), which is based on Stephen’s Indian Evidence Act of 1872, underwent major amendments for only the third time in 120 years. Previously, conflicting case law had created long-standing confusion as to whether the Singapore courts possessed any discretion to exclude evidence even when was found relevant under the EA. The main reason driving this jurisprudential inconsistency was that while the relevancy provisions in the EA were meant to provide exhaustive definitions of admissibility, Stephen’s then-revolutionary ‘inclusionary’ approach to relevance was simply at odds with modern conceptions of relevance and modern litigation practice. Thus, …

Discretionary Death Penalty For Convicted Drug Couriers In Singapore: Reflections On High Jurisprudence Thus Far, Siyuan Chen

Research Collection Yong Pung How School Of Law

For decades, drug trafficking was a serious offence in Singapore potentially punishable by mandatory death. In 2012, Singapore’s Misuse of Drugs Act (MDA) was amended to give the courts sentencing discretion if the accused can first prove that he was merely a courier, and to better reflect the moral culpability accorded as between mules and kingpins in the hierarchy of drug syndicates. However, there are some complications in proving this. Not only must the accused show that he was merely a courier, he must also show that he had substantively assisted the authorities in disrupting drugtrafficking activities in Singapore. This …

Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan

Research Collection Yong Pung How School Of Law

Change is here. If this was not evident from the speech of Chief Justice Sundaresh Menon at his welcome ceremony three years ago, it is now. In three short years, Singapore is leading Asia - possibly the world - in the provision of not only legal services but also intellectual capital and resources. The speed of these developments should not be surprising. As Attorney-General V.K. Rajah observed at the Opening of the Legal Year this month, Singapore's law and legal system has come a long way in a short time. The story of the Singapore legal system thus far can …

The Enigma Of Veil-Piercing, Pey Woan Lee

Research Collection Yong Pung How School Of Law

In Prest v Petrodel Resources Ltd [2013] 3 WLR 1, Lord Sumption narrowly confined veil-piercing at common law to those cases where a controller had used a company under his control to evade a pre-existing legal liability. This article argues against this approach as it is so narrow that it practically abolished the jurisdiction. Instead, the jurisdiction should be preserved, and its exercise should be constrained by clearly articulated principles.

Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

In 2013, i Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of gross indecency between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court …

Equity And Trusts [2014], Hang Wu Tang

Research Collection Yong Pung How School Of Law

No abstract provided.

Re-Assessing The Evidentiary Regime Of The International Court Of Justice: A Case For Codifying Its Discretion To Exclude Evidence, Siyuan Chen

Research Collection Yong Pung How School Of Law

Like many international tribunals, the International Court of Justice subscribes heavily to the principle of free admissibility of evidence. Neither its statute nor rules impose substantive restrictions on the admissibility of evidence, whether by way of exclusionary rules or an exclusionary discretion. Instead, the court’s practice has been to focus on evaluating and weighing the evidence after it has been admitted. There are certainly features of the ICJ that sets it apart from domestic courts and arguably justify such an approach: the ICJ is for settling disputes between sovereign states; it does not use a typical fact-finding system; its rules …

Agency And Partnership Law [2014], Pearlie M. C. Koh, Stephen Noel Henry Bull

Research Collection Yong Pung How School Of Law

No abstract provided.

Identifying An Interest In Land Sufficient To Support A Caveat: Salbiah Bte Adnan V Micro Credit Pte Ltd [2014] Sghc 249, Alvin W. L. See

Research Collection Yong Pung How School Of Law

The difficult issue of what constitutes an interest in land sufficient to support a caveat (“caveatable interest”) recently presented itself before the High Court in the case of Salbiah Bte Adnan v Micro Credit Pte Ltd, which concerned a caveat lodged to protect an alleged security interest. The decision deserves the attention of property lawyers for it helpfully addressed various principles of property law relating, directly and indirectly, to the lodgment of caveats.

A Doctor’S Duty Of Disclosure: Uksc Sets New Paradigm In Montgomery V Lanarkshire Health Board, Kee Yang Low

Research Collection Yong Pung How School Of Law

Montgomery v Lanarkshire Health Board (“Montgomery”)1 is about a baby being born with severe disabilities. Expectant mothers of small build and suffering from diabetes,2 such as the plaintiff, run the risk of shoulder dystocia, that is – the situation of the baby’s shoulders being unable to pass through the pelvis in a normal delivery.3 In this case, the patient was not told of the risk of shoulder dystocia as, in the doctor’s opinion, the possibility was very small. The doctor was not inclined to warn as most mothers, if told would opt for a ceasarean section and that would deprive …

A Three -Essay Empirical Analysis Of Health Care Expenditures In The Economic Development Of The United States, 2000 - 2009, Srimoyee Bose

Graduate Theses, Dissertations, and Problem Reports (ETD)

Therefore the purpose of this study was to empirically demonstrate state-level variations in financing of healthcare, hospital expenditures and health outcomes.;Precisely, aims of the three studies were to: (1) evaluate the state-level variations in healthcare financing and the factors that affect financing of healthcare, (2) examine the state-level variations in hospital expenditures with an application of spatial regression, and (3) assess the determinants of state-level mortality rates using a spatial Durbin fixed effect model. This research used panel data from 2000 through 2009, extracted from publicly available data files.;Findings from the first study were that state-level variations in public financing …

Making Sense Of Video Analytics: Lessons Learned From Clickstream Interactions, Attitudes, And Learning Outcome In A Video-Assisted Course, Michail N. Giannakos, Konstantinos Chorianopoulos, Nikos Chrisochoides

Computer Science Faculty Publications

Online video lectures have been considered an instructional media for various pedagogic approaches, such as the flipped classroom and open online courses. In comparison to other instructional media, online video affords the opportunity for recording student clickstream patterns within a video lecture. Video analytics within lecture videos may provide insights into student learning performance and inform the improvement of video-assisted teaching tactics. Nevertheless, video analytics are not accessible to learning stakeholders, such as researchers and educators, mainly because online video platforms do not broadly share the interactions of the users with their systems. For this purpose, we have designed an …

Extreme-Scale Parallel Mesh Generation: Telescopic Approach, Nikos Chrisochoides, Andrey Chernikov, Daming Feng, Christos Tsolakis

Computer Science Faculty Publications

In this poster we focus and present our preliminary results pertinent to the integration of multiple parallel Delaunay mesh generation methods into a coherent hierarchical framework. The goal of this project is to study our telescopic approach and to develop Delaunay-based methods to explore concurrency at all hardware layers using abstractions at (a) medium-grain level for many cores within a single chip and (b) coarse-grain level, i.e., sub-domain level using proper error metric- and application-specific continuous decomposition methods.

Joan: A Play With Broken Songs, Colton James Neidhardt

LSU Master's Theses

ABSTRACT This thesis details the writing process, rehearsals and performance of the author‘s devised play, Joan: A Play With Broken Songs. The play aims to reimagine events occurring the evening before the death of French folk hero and Catholic Saint, Joan of Arc. The play exists in the moments between sleep and waking, in which Joan is visited by her own patron Saints (Margaret and Catherine,) as well as the Archangel Michael. The Saints then guide Joan through the dreamscape revealing to her images of the past, present, and future that allow her to come to peace with the sacrifice …

The Politics Of Public Relations: Concepts Of Image, Reputation And Authority In Henry Viii’S England, Lyndsi Lewis

LSU Master's Theses

Henry VIII ruled England from 1509-1547, producing some of the most identifiable and enduring figures and events in English history. This was largely due to the king’s skill at image manipulation and communication. This thesis focuses specifically on the period from 1509-1536, during which the whims of the king led to the rise and fall of two queens, the destruction of three ministers, and arguably the most significant religious and political controversies of the sixteenth century. It was the age of humanism, reformation, and the birth of modern political theory and practice. In the midst of this upheaval, the crown …

Shape Optimization For Drag Minimization Using The Navier-Stokes Equation, Chukwudi Paul Chukwudozie

LSU Master's Theses

Fluid drag is a force that opposes relative motion between fluid layers or between solids and surrounding fluids. For a stationary solid in a moving fluid, it is the amount of force necessary to keep the object stationary in the moving fluid. In addition to fluid and flow conditions, pressure drag on a solid object is dependent on the size and shape of the object. The aim of this project is to compute the shape of a stationary 2D object of size 3.5 m2 that minimizes drag for different Reynolds numbers. We solve the problem in the context of shape …

Teacher Research In Reggio Emilia, Italy: Essence Of A Dynamic, Evolving Role., Carolyn P. Edwards, Lella Gandini

Department of Child, Youth, and Family Studies: Faculty Publications

Many aspects of the Reggio Emilia experience are fascinating to American educators, but perhaps none more than the role of the teacher. How do teachers (infant-toddler and preschool) support, facilitate, and guide children to the complex levels seen in classroom interactions as well as the creative works children produce? Certainly, the teacher’s role has intrigued both of us ever since we began our studies there, even before we began collaborating on the three successive editions of The Hundred Languages of Children (Edwards, Gandini, & Forman, 1993, 1998, and 2012). In each of those volumes, one of us (Carolyn) contributed a …

Social Contexts Of Infant Feeding And Infant Feeding Decisions, Ellen J. Schafer, Natalie A. Williams, Siri Digney, Marion E. Hare, Sato Ashida

Department of Child, Youth, and Family Studies: Faculty Publications

Background: Infant feeding takes place within a network of social relationships. However, the social context in which infant feeding advice is received remains underresearched.

Objective: The objective of this study was to evaluate the social contexts of infant feeding by examining individual and relationship characteristics of mothers and network members associated with advice to exclusively breastfeed, exclusively formula feed, or use a combination of breast milk and formula.

Methods: Information about 287 network members was reported by 80 low-income mothers during a one-time survey. Characteristics of relationships associated with mothers receiving advice (exclusively breastfeed/formula feed, combination feed) from each network …