Digital Commons Network^™

Rethinking Victim-Based Statutory Sentencing Enhancements, Kevin Bennardo

Faculty Publications

No abstract provided.

The Environmental, Democratic, And Rule-Of-Law Implications Of Harper's Environmental Assessment Legacy, Jocelyn Stacey

All Faculty Publications

The article argues that Harper’s dramatic changes to federal environmental assessment give rise to a two-dimensional legacy in environmental law: first, a legacy of impoverished environmental decision-making that reflects a narrow, resource-oriented vision of the environment, and second, a legacy of undermining democratic and rule-of-law values in environmental law. The crux of this latter legacy is the argument that environmental assessment law provides an essential framework for publicly-justified decision-making in the Canadian environmental context. Indeed, as I suggest in this article, environmental assessment presently performs a quasi-constitutional role in Canadian environmental decision-making in the sense that it provides the means …

The Strangely Familiar History Of The Unitary Theory Of Perpetration, James G. Stewart

All Faculty Publications

A unitary theory of perpetration is one that does not espouse different legal standards for different forms of participating in crime. In this Article, I pay homage to Professor Damaška’s influence on my work and career by reiterating my earlier arguments for a unitary theory of perpetration in international criminal law. Whereas my earlier work defended the unitary theory in abstract terms then for international criminal law in particular, this Article looks to the history of the unitary theory in five national systems that have abandoned differentiated systems like that currently in force internationally in favor of a unitary variant. …

Cinderella Story? The Social Production Of A Forensic “Science”, Gary Edmond, Emma Cunliffe

All Faculty Publications

The last decade has witnessed unprecedented criticism of the forensic sciences from academic commentators and authoritative scientific and technical organizations. Simultaneously, podiatrists have begun to promote themselves as forensic scientists, capable of assisting investigators and courts in their endeavors to identify offenders. This article traces the emergence of forensic podiatry, particularly forensic gait analysis. Forensic gait analysis is a practice that involves comparing persons of interest in crime-related images (such as CCTV and surveillance recordings) with reference images of suspects, where the primary focus is on movement and posture. It tends to be applied when other techniques, such as the …

The Limits Of Statutory Interpretation: Towards Explicit Engagement, By The Supreme Court Of Canada, With The Charter Right To Freedom Of Expression In The Context Of Copyright, Graham Reynolds

All Faculty Publications

In its post-2002 copyright jurisprudence, the Supreme Court of Canada has clarified that the Copyright Act grants a significant degree of latitude to non-copyright owning parties to express themselves using copyrighted works. This outcome is attributable neither to the SCC having interpreted provisions of the Copyright Act according to Charter values nor to the SCC having weighed provisions of the Copyright Act against the section 2(b) right to freedom of expression. Rather, it has resulted from the SCC interpreting provisions of the Copyright Act through the lens of the purpose of copyright, as re-articulated by the SCC. The author argues …

Pluralizing The 'Sharing' Economy, Erez Aloni

All Faculty Publications

The so-called sharing economy presents one of the most important and controversial regulatory dilemmas of our time — yet, surprisingly, it remains undertheorized. This Article supplies needed analysis. Specifically, the Article offers a regulatory model that distinguishes between two separate kinds of transactions: conventional economic transactions and those that rely on temporary access to goods and services that would otherwise go underutilized (what I call “access-to-excess” transactions). The regulatory regime that this Article proposes would distinguish between true access-to-excess transactions and conventional transactions. The model is rooted in a version of pluralist theory that posits that the state is responsible …

Precedent Revisited: Carter V Canada (Ag) And The Contemporary Practice Of Precedent, Debra Parkes

All Faculty Publications

In addition to the important substantive changes to Canadian law brought about by Carter v Canada (AG), the decision is significant for its consideration of the doctrine of stare decisis. This article examines the circumstances under which Canadian courts, including courts lower in the relevant hierarchy, might be entitled to revisit otherwise binding, higher court precedents and to depart from them. At least in constitutional cases, the Carter trial decision affirms that trial judges may reconsider rulings of higher courts where a new legal issue is raised or where there is a change in circumstances or evidence that “fundamentally shifts …

Construction And Validation Of A Holistic Education School Evaluation Tool Using Montessori Erdkinder Principles, Anthony Philip Setari

Theses and Dissertations--Education Sciences

The purpose of this study was to construct a holistic education school evaluation tool using Montessori Erdkinder principles, and begin the validation process of examining the proposed tool. This study addresses a vital need in the holistic education community for a school evaluation tool. The tool construction process included using Erdkinder literature to justify the development of each item through the use of an item matrix, ultimately leading to the development of the 23 item formative Montessori Erdkinder School Evaluation Survey. The validation process included a series of three Rasch Rating Scale Model analyses with data from a sample school. …

Evaluating Role Of Interactive Visualization Tool In Improving Students’ Conceptual Understanding Of Chemical Equilibrium, Bharath Sampath Kumar

Theses and Dissertations--Education Sciences

The purpose of this study is to examine the role of partnering visualization tool such as simulation towards development of student’s concrete conceptual understanding of chemical equilibrium. Students find chemistry concepts abstract, especially at the microscopic level. Chemical equilibrium is one such topic. While research studies have explored effectiveness of low tech instructional strategies such as analogies, jigsaw, co-operative learning, and using modeling blocks, fewer studies have explored the use of visualization tool such as simulations in the context of dynamic chemical equilibrium. Research studies have identified key reasons behind misconceptions such as lack of systematic understanding of foundational chemistry …

Fostering A School Culture And Climate Where Creativity Can Thrive: A Case Study Of An International School Principal, Rachel Allen

Theses and Dissertations--Education Sciences

The topic of creativity in schools is increasing in popularity with many recent initiatives taking place emphasizing 21^st century skills or the arts. Business literature has indicated the work environment influences worker creativity as well as identified managers as having influence over the work environment. While educational research supports the influence of the principal over the school environment, little research has specifically examined the role of the principal concerning creativity in schools.

The aim of the study was to illuminate the role of the principal in fostering creativity by examining the attributes and actions as self-reported by the principal …

Technology In A Gifted And Talented Math Classroom: How It Impacts Students' Problem Solving And Mathematical Learning, Brandon H. French

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

Technology has advanced greatly over the past few decades and the surge in the industry has impacted the workplace. As a result, K-12 education has worked to integrate 21^st century skills into curriculum. Many times this is through STEM classes. This study examined the impact technology had on gifted and talented students’ achievement and creative construction. During a unit on Transformations, a control group received traditional instruction, while an experimental group received traditional instruction with an added technology component. A pre and posttest were given to both groups to measure student success with the geometry content. Results indicated that …

Searching For Answers When Girls Don't Perform Well: Evaluating Classroom Discourse And Microculture In A Sixth Grade Science Classroom, Lauren E. Schwartz

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

This action research project examines the role classroom culture and discourse can play on student learning, with a focus on female students. A sixth grade science classroom was evaluated through analysis of two videotaped astronomy lessons. The classroom environment utilized qualitative methods to examine teacher and student interactions, student and student interactions, and classroom environment. The research project began in response to a previous research project which found that after completing an astronomy unit male students not only out preformed female students, but female students lost gains in several area. Findings suggested that there may be a connection between the …

What’S In A Gene: Undergraduates’ Ideas And Misconceptions About Gene Function, Justin M. Levaughn

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

The purpose of this study was to field test a two-tiered instrument including multiple-choice and short answer tasks to assess college students’ ideas and level of understanding in genetics. The instrument was constructed from previously tested assessment tasks and findings from the current research literature. Ninety-seven freshmen enrolled in a biology lab course were surveyed. Test validity and reliability were measured using Chronbach coefficients. Multiple-choice and short answer responses were analyzed using descriptive statistics to identify frequencies of answer selections. Written responses were independently evaluated using a five-point scoring rubric by three researchers to identify common misconceptions revealed in students’ …

Higher Education System Governance: An Exploratory Study Of Presidential Decision Making In The Kentucky Community And Technical College System, Sarah Jill Page

Theses and Dissertations--Educational Leadership Studies

There are more than 40 higher education systems across the United States enrolling more than 5.6 million students. Literature on higher education systems is well-documented; however, variations in system structures and governance are apparent. The limited research on governance in community college systems merits examination. This study explored presidential decision making in the Kentucky Community and Technical College System using quantitative and qualitative procedures. As a two-phase, sequential exploratory study using surveys, interviews, and documents, this study considers decision making from an organizational and environmental perspective to understand how presidents share academic, administrative, and personnel decision making. This study extends …

A Debriefing Technique In High-Fidelity Patient Simulation And Competent Decision-Making Abilities Among Nursing Students, Trena Seago

Theses and Dissertations--Curriculum and Instruction

Nursing faculty are utilizing high-fidelity patient simulation (HPS) with debriefing to help engage nursing students in making competent clinical decisions. This quasi-experimental study examined the use of HPS with debriefing and students’ ability to make nursing care decisions using standardized exams. The experimental group received debriefing after HPS and the control group did not receive debriefing after HPS. The pre- and post-test assessed participants’ ability to make clinical care decisions. The analysis of the pre-test and post-test HESI scores showed that there was no significant difference between the two groups.

The Role And Impact Of School Nurses And Intentions To Delegate Diabetes-Related Tasks Amidst Budget Cuts And Legislative Changes, Michelle J. Lineberry

Theses and Dissertations--Kinesiology and Health Promotion

As the percentage of school children with chronic conditions such as diabetes continues to rise, funding for school nurses to keep those students healthy and safe is decreasing. This dissertation includes three studies: (1) a systematic review of the literature on the role and impact of American elementary school nurses, (2) a focus group study that further examined the role of Kentucky school nurses and described their reaction to a new regulation that necessitates delegation of diabetes-related nursing tasks to unlicensed assistive personnel (UAP), and (3) a quantitative study that examined Kentucky school nurses’ past behaviors and future intentions regarding …

The Effect Of Curcumin On Cardiovascular Health In Obese Men, Marilyn S. Campbell

Theses and Dissertations--Kinesiology and Health Promotion

Cardiovascular disease is the leading cause of death in the United States, and conventional treatment often emphasizes pharmaceutical approaches. Research has recently started exploring non-pharmaceutical approaches, including nutritional interventions. This research study was conducted to test the effectiveness of a novel nutritional approach, curcumin, on the improvement of cardiovascular health in young, obese males (BMI≥30 kg/m²). This study included 22 men, matched based on BMI and randomly assigned to the intervention (n=11) or placebo group (n=11). The intervention consisted of 12 weeks of curcumin supplementation (1.0 g/day) with fenugreek added to enhance the curcumin bioavailability; the placebo consisted …

Static Stretching And Preconditioning Exercise Augments Power Output In Recreational Athletes, Mark R. Mason

Theses and Dissertations--Kinesiology and Health Promotion

The purpose of this study was to determine the independent and combined effects of performing a preconditioning exercise and antagonist stretching on vertical jump (VJ) performance. Twenty club rugby players performed a VJ in four conditions: control condition, following static stretching, following a preconditioning exercise, and following the combined treatment of static stretching and a preconditioning exercise. Electromyographic (EMG) activity was measured in the gluteus maximus, vastus lateralis, gastrocnemius medialis, and tibialis anterior during the VJ trials. Repeated measures ANOVA were used to compare VJ and EMG outcomes across conditions. A Bonferroni correction was used to account for multiple post-hoc …

Structuring Pre-Plea Criminal Discovery, Daniel S. Mcconkie Jr.

Faculty Articles, Papers, and Other Scholarship

Ninety-seven percent of federal defendants plead guilty, and they rely on prosecutors for much of the information about the government’s case on which the decision to plead is based. Although federal prosecutors routinely turn over most necessary discovery to the defense, the law does not require them to turn over any discovery before the guilty plea. This can lead to innocent defendants pleading guilty and to guilty defendants pleading guilty without information that could have affected the agreed-upon sentence. This article argues that the lack of a judicially enforceable pre-plea discovery regime flouts structural protections that due process is supposed …

The Legislative Veto In Illinois: Why Jcar Review Of Agency Rulemaking Is Unconstitutional, Marc D. Falkoff

Faculty Articles, Papers, and Other Scholarship

This Article argues that legislative vetoes of administrative agency rulemaking in Illinois are unlawful under the state’s constitution. It focuses on the Joint Committee on Administrative Rules (“JCAR”), a bipartisan legislative committee that is authorized to review rules promulgated by administrative agencies in the executive branch. Since 2004, JCAR has possessed veto power over agency rulemaking, meaning that the committee may permanently stop implementation of new rules upon the vote of three-fifths of its twelve members. For even longer, the Illinois General Assembly has been authorized to block implementation of agency rules through passage of joint resolutions, which do not …

Linking Abusive Supervision To Employee Engagement And Exhaustion, Melinda L. Scheuer, James P. Burton, Larissa K. Barber, Lisa M. Finkelstein, Christopher P. Parker

Faculty Articles, Papers, and Other Scholarship

This research extends the differentiated job demands-resource model by integrating the main propositions of the transactional theory of stress to examine how cognitive appraisal processes link employee perceptions of abusive supervision to engagement and exhaustion. Two studies were conducted using a broad sample of employees. Study 1 developed the abusive supervision demand appraisal measure (ABSDAM). Study 2 examined the role that challenge or hindrance demand appraisals play in employee reactions to perceptions of abusive supervision. Study 1 determined the ABSDAM was a valid means to measure how employees appraise abusive supervision as a challenge and/or hindrance demand. Study 2 found …

The Intersection Of Culture And Icf-Cy Personal And Environmental Factors For Alternative And Augmentative Communication, Danai Kasambira Fannin

Faculty Articles, Papers, and Other Scholarship

Clinicians facilitate successful use of Alternative and Augmentative Communication (AAC). The most clinically competent providers, however, address needs that extend beyond technical AAC use to help clients experience full participation. This can only be achieved for all clients by considering individual cultural factors that affect their participation. This article describes how Personal and Environmental Factors of the World Health Organization’s (WHO’s) International Classification of Functioning, Disability and Health: Children & Youth Version (ICF-CY; WHO, 2007) encompass how cultural characteristics (e.g., family/ home, school, recreational, social, or spiritual) impact participation. The ICF-CY can provide a structured way for Speech-Language Pathologists to …

An Empirical Critique Of Jcar And The Legislative Veto In Illinois, Marc D. Falkoff

Faculty Articles, Papers, and Other Scholarship

This Article collects and analyzes nearly four decades’ worth of data concerning the legislative oversight of administrative agency rulemaking in Illinois. Its chief purpose is to assess the efficacy of the state’s legislative veto scheme. In particular, the Article focuses on the Joint Committee on Administrative Rules (“JCAR”), a bipartisan legislative committee that is authorized to review rules produced by administrative agencies in the executive branch. Since late 2004, JCAR has possessed veto power over agency rulemaking, meaning the committee may permanently stop implementation of new rules upon the vote of three-fifths of its twelve members. For even longer, the …

Isolation And Identification Of Foodborne Pathogens And Spoilage Bacteria In Environmental And Food Samples, Myriam Evelyn Gutierrez Barberena

LSU Doctoral Dissertations

Escherichia coli O157:H7 has become an important problem for human health in the United States. Scientific studies indicate cattle herds as primary reservoirs of E. coli O157:H7. To diagnose this pathogen, proper isolation and identification methods are crucial. From five different culture media, CT-SMAC and CHROMagar™ O157 results analyzed simultaneously were the best option for an effective detection of environmental E. coli O157. Despite extensive research at feedlots and dairy farms, there is limited information available on the prevalence of E. coli O157:H7 at cow/calf operations. From 28 small-scale cow/calf operations in the state of Louisiana, we observed an 8% …

3d Hydrodynamic Model Development And Verification, Hussein A. M. Al-Zubaidi

Civil and Environmental Engineering Master's Project Reports

A three-dimensional numerical model was developed to simulate hydrodynamic, temperature, and water quality distributions in rivers and lakes. In an attempt to get rid of the extra approximation and complexity, no coordinate transformation has been done and z-coordinate system has been employed. The governing equations are the continuity equation, free surface equation, momentum equations, and conservation equations of temperature and water quality. The model employs the time splitting technique which allows splitting the directions in which we end with two-dimensional governing equations and eventually the solution ends with a tri-diagonal matrix, which is easily solved by Thomas algorithm. The first …

Perceptions Of Criminality: An Experiment On Race, Class, And Gender Stereotypes, Patricia Davis

LSU Master's Theses

The study of perceptions of criminality is significant in sociology due to its sociopolitical implications for our criminal justice system. Race, class, and gender disparities in this system influence prejudices in the American public, which in turn allows the perpetuation of inequality. Using an intersectional approach, this research seeks to interpret how race, class, and gender intersect to create and shape perceptions of criminality. Conducting an experiment on approximately 500 undergraduate students at a southern university during the Spring 2015 semester, subjects are shown a series of photographs and asked to select who, out of the individuals depicted, they believe …

A Critical Examination Of The Rehearsal Frame Model, Allison Elise Carroll

LSU Master's Theses

The purpose of this study was to evaluate the practical adequacy of Duke’s (1994) rehearsal frame model as a “middle ground” perspective sequential outline of rehearsal events that lead to positive musical change. Observation and video recording of three accomplished high school band directors’ rehearsals generated data that allowed for a comparison between the model and actual practice. Results suggested that all parts of the original model need not be present, nor must they occur in the originally stated order for rehearsal frames to take place and direct students toward positive musical change. An amended model of the rehearsal frame …

“A Voice, A Messenger” By Aaron Jay Kernis: A Performer's Guide And Historical Analysis, Pagean Marie Disalvio

LSU Doctoral Dissertations

a Voice, a Messenger by Aaron Jay Kernis is a concerto for trumpet and ensemble comprising winds, brass, percussion, double basses, harp and piano. It is a contemporary 21st century work that demonstrates historical awareness and has the potential to become a noteworthy addition to the trumpet solo repertoire. Kernis’s work is challenging, rewarding, and tests the technical ability of the modern trumpeter’s agility and physical endurance without surpassing the instrument’s potential. In conjunction with my lecture recital, this document serves to expose trumpeters and other musicians to this new and significant composition. Original interviews with two of the trumpet …

Phonological Encoding Of Medial Vowels In Adults Who Stutter, Allison Elizabeth Jacobs

LSU Master's Theses

Previous data suggest the metrical properties of a word may influence the time course of phonological encoding, particularly in adults who stutter. The purpose of the present study is to examine phonological and metrical encoding skills in fluent and non-fluent adults, in particular the medial stress-bearing vowel. Investigators used a silent phoneme monitoring paradigm to assess reaction times for all phonemes within nonword CVCCVC stimuli. This paradigm required participants to manually identify target phonemes within a nonword to further isolate the level of phonological encoding from other processes. Eight participants were exposed to stimuli with initial-stress, and eight participants were …

Calibration Of Resistance Factors Needed In The Lrfd Design Of Drilled Shafts, Alicia Rae Fortier

LSU Master's Theses

This report presents the reliability-based analysis of the calibration of resistance factors for the Load and Resistance Factor Design (LRFD) of axially loaded drilled shafts. AASHTO’s 2012 LRFD Bridge Design Specifications recommends various resistance factors for the design of deep foundations; however, since these values are not specific to any one region, they are very conservative. For Louisiana or Mississippi, the adoption of such recommended resistance factors could substantially increase foundation sizes. Therefore, it is necessary to develop a database of drilled shaft load tests performed in the regions of Louisiana, Mississippi, and surrounding states with similar soil conditions. Sixty-nine …