Digital Commons Network^™

Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick

Scholarly Works

Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment …

Sudden Cardiac Death In Infants, Children And Young Adults: Possible Roles Of Dietary Magnesium Intake And Generation Of Platelet-Activating Factor In Coronary Arteries, Burton M. Altura, Wenyan Li, Aimin Zhang, Tao Zheng, Nilank C. Shah, Gatha J. Shah, Bella T. Altura

The School of Health Sciences Publications and Research

Magnesium (Mg) is a co-factor for more than 500 enzymes, and is the second most abundant intracellular cation after potassium. It is vital in numerous physiological, cellular and biochemical functions and systems necessary for life. Approximately 35 years ago, our laboratory suggested that a progressive, dietary deficiency and/or metabolic induced loss of Mg from the body, beginning early in life, particularly during development of the coronary arteries, could lead to coronary arterial vasospasm, ischemic heart disease, and sudden-cardiac death (SCD). Herein, we review evidence for a brand-new, novel hypothesis which combines knowledge suggesting a combined role for hypomagnesemia and platelet-activating …

Alternative Conceptions Of Legal Rhetoric: Open Hand, Closed Fist, Linda L. Berger

Scholarly Works

An open-handed image of rhetoric presents an argument against the closed fist of logic and the “nasty, brutish, and short” depictions associated with legal rhetoric. In 1985, Robert Cover laid bare the field of pain and death where legal interpretation plays itself out in human consequences. Five years later, Gerald Wetlaufer described a landscape of brutal certainty as the backdrop for much of legal rhetoric. And the arena of criminal trials has long been recognizable as a bleak setting within which “[j]ustice determines blame and administers pain in a contest between the offender and the state . . .”

My …

The Humanities In The Law School Curriculum: Courtship And Consummation, Linda H. Edwards

Scholarly Works

Today the humanities occupy a small corner of the law school curriculum. Might they instead become a more vibrant partner in legal education? Might law and humanities scholarship escape the pages of law reviews and teach us something important about how to read and understand the law?

Despite the long theoretical dominance of legal realism in scholarly circles, much of legal education as we know it has remained mired in Langdell's formalist vision of the law—a vision of a narrow, abstract, impersonal system bereft of human meaning and value. But we can do better. We can approach law, and teach …

Introduction To The U.S. Feminist Judgments Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford

Scholarly Works

The U.S. Feminist Judgments Project turns attention to the U.S. Supreme Court. Contributors to this volume challenge the formalistic concepts that U.S. Supreme Court opinions are, or should be, written from a neutral vantage point and that they are, or should be, based on deductive logic or “pure” rationality. When the project’s authors brought their own feminist consciousness or philosophy to some of the most important (and supposedly “neutral”) decisions and assertions about gender-related issues, the judicial decisions took on a very different character. Feminist consciousness broadens and widens the lens through which we view law and helps the decision …

Complying With The Hipaa Privacy Rule: Problems And Perspectives, Stacey A. Tovino

Scholarly Works

Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include a final rule governing the use and disclosure of protected health information by covered entities and their business associates (Privacy Rule).

This Article addresses the question of what it means for …

Speaking Of Stories And Law, Linda H. Edwards

Scholarly Works

A recurring question in narrative scholarship has been the relationship of narrative to law. Most narrative scholars agree that stories are central to law. As Stephen Paskey recently pointed out, stories are more than a tool for persuasion. They are embedded in law’s very structure. But how does that work? Are rules just stories articulated in a different form?

We have barely begun to explore narrative’s roles, but it is already clear that, in the words of Meryl Streep, “it’s complicated.” A conceptual map of what we’ve learned so far can help us unpack the complexity. Otherwise we may run …

“Law &” Meets “Law As”, Linda L. Berger

Scholarly Works

Prof. Berger reviews The Handbook of Law and Society, edited by Austin Sarat and Patrick Ewick.

Seeing Higher Education And Faculty Responsibility Through Richard Matasar's Critiques Of Law Schools: College Completion, Economic Viability, And The Liberal Arts Ideal In Higher Education, John Valery White

Scholarly Works

Professor John Valery White argues that the crisis in higher education has been framed around discomfort with and critiques of changes that have taken place in the last few decades as universities grew and became more complex, and more expensive. These arguments raise valid and significant concerns about higher education and its subcomponents like legal education but on the whole have missed the true challenge to higher education of recent years. He argues that the significant current policy push to improve college attainment has led to the loss of academic authority and leadership by higher education institutions, their administrators, and …

The Drug Court Paradigm, Jessica M. Eaglin

Articles by Maurer Faculty

Drug courts are specialized, problem-oriented diversion programs. Qualifying offenders receive treatment and intense court-supervision from these specialized criminal courts, rather than standard incarceration. Although a body of scholarship critiques drug courts and recent sentencing reforms, few scholars explore the drug court movement’s influence on recent sentencing policies outside the context of specialized courts.

This Article explores the broader effects of the drug court movement, arguing that it created a particular paradigm that states have adopted to manage overflowing prison populations. This drug court paradigm has proved attractive to politicians and reformers alike because it facilitates sentencing reforms for low-level, nonviolent …

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia

Articles by Maurer Faculty

This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …

Finishing The Job Of Legal Education Reform, Mary Beth Beazley

Scholarly Works

In this article, Professor Beazley advocates for the extension of tenure to skills faculty for the good of law faculty and of legal education. She argues that extending tenure to legal writing and other skills faculty will help to advance the goals of education reform in a variety of ways. First, equalizing the power of skills faculty will allow law schools to get the full benefit of their teaching and scholarship, a benefit that is currently blunted by ignorance and bias. Second, fair treatment of skills faculty will advance the values of equality, diversity, and inclusion: law students will benefit …

Studies Of The Properties Of Designed Nanoparticles Using Atomic Force Microscopy, Steve Matthew Deese

LSU Doctoral Dissertations

The purpose of the research in this dissertation was to elucidate the intrinsic properties of how nanoparticles are different from bulk materials. This was done by mechanical and electronic studies of the properties of designed nanoparticles using advanced modes of atomic force microscopy. Information relating to the work functions, contact potential difference, Young’s Moduli, elasticity, and viscoelasticity can be investigated using state-of-the-art atomic force microscope (AFM) experiments. Subsurface imaging of polystyrene encapsulated cobalt nanoparticles was achieved for the first time using Force Modulation Microscopy (FMM) in conjunction with contact mode AFM. Previously prepared sample of polystyrene coated cobalt nanoparticles were …

An Evaluation Of The Utility Of Reading Curriculum-Based Measurement As Progress Monitoring Tools And Predictors Of Comprehension, Haley Elizabeth York

LSU Doctoral Dissertations

Many American students struggle with reading, particularly in the area of comprehension. As such, early identification of reading difficulties, use of evidenced-based interventions, and monitoring of student reading progress over time is essential. Curriculum-based measurement (CBM) is a technically adequate, efficient tool whose features and design make it a good candidate for early identification and progress monitoring purposes, especially within a response to intervention framework. However, there is still some uncertainty regarding the utility of reading CBM as progress monitoring tools. Specifically, the literature has suggested that variability in the difficulty of CBM materials may influence how well these tools …

Paper Trails, Trailing Behind: Improving Informed Consent To Ivf Through Multimedia Applications, Jody L. Madeira, Barbara Andraka-Christou

Articles by Maurer Faculty

Though intended to educate patients on the risks, benefits, side effects and alternatives within medical treatment, informed consent documents may have unanticipated consequences for patients. Patients may regard these forms as little more than a ritual to access treatment. Or patients may perceive that these forms exist to protect doctors rather than to contribute to a meaningful, patient-protective educational interaction. To rehabilitate the informed consent project, this essay considers the baggage that informed consent documents have acquired through practical use, explores patients' and providers' lived experience of informed consent, and considers whether a multimedia consent application would be a viable …

A World Elsewhere: Secession, Subsidiarity, And Self-Determination As European Values, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

Aerodynamic Mitigation Of Roof Suction Using Solar Panels, Laura M. Iverson

LSU Master's Theses

This thesis aims to evaluate the feasibility of solar panels to be used as aerodynamic mitigation devices to reduce roof suction caused by high-speed winds on flat-roof, low-rise buildings. Roof suction is caused by negative pressures resulting in uplift on the roof, due to the wind passing over the sharp edges of the roof. Suction is a common cause of failure for these types of flat-roof, low-rise buildings during extreme wind events such as hurricanes, as the uplift force can cause the roof to separate from the building. A variety of mitigation devices have been proposed in the literature to …

The Analysis And Interpretation Of Three Selected Piano Pieces By Chen Yi: Duo Ye, Ba Ban, Ji-Dong-Nuo, Yun-Hui Lai

LSU Doctoral Dissertations

This dissertation is intended to contribute to the ongoing study of three selected piano pieces written by the contemporary Chinese American composer Chen Yi. These three works— Duo Ye (1984), Ba Ban (1999), and Ji-Dong-Nuo (2005)—respectively represent her early, middle, and recent periods. Also, they show Chen’s diverse and sophisticated compositional style as it evolved from her conservatory years to her current position as a mature and successful composer. The written portion consists of six chapters. The first chapter will provide the historical background information on the dramatic changes in musical trends in China during the second half of the …

Psychological And Environmental Predictors Of Test Anxiety: A Structural Equation Model, Meredith Taylor Harris

LSU Doctoral Dissertations

Test anxiety is a construct that includes cognitive, physiological, and behavioral symptoms occurring in response to anxiety prior to, during, or following examinations. The current literature on test anxiety has evaluated a number of possible predictors, including demographic variables, academic indicators, and self-perceptions. The movement toward school accountability and higher academic expectations of students has increased the severity of consequences occurring as a result of poor academic achievement. Thus, test anxiety is a critical concern that may impact student academic success. The current study evaluated a structural equation model to determine the strength of associations between trait anxiety, academic achievement, …

The Effect Of Teacher Beliefs And Self-Efficacy On Environmental Education Program Implementation, Ashley Wilson Mullens

LSU Doctoral Dissertations

This study describes the development and initial validation of a tool to measure teachers’ beliefs about environmental education (EE), perceptions about their own self-efficacy in implementing EE in their classroom, perceptions about the support they receive in regards to implementing EE in their classroom, the perceived motivators towards EE, and the perceived barriers towards EE. This instrument was then utilized to measure these five constructs and compare results between participants and non-participants of a school-based environmental education program. All respondents had positive beliefs about environmental education. Participants and non-participants did differentiate between their perceptions of self-efficacy, support, and motivators, suggesting …

Promoting Literacy Development In The Early Childhood Classroom: An Evaluation Of Phonemic Awareness And Phonics Instruction, Elise Catherine Mciver

LSU Doctoral Dissertations

Research has consistently demonstrated that literacy skills are associated with a host of benefits that are both substantial and long lasting. Given the implications of reading skill development, efforts to understand the most effective methods of teaching students how to read are consequential. Fortunately, substantial research has been conducted on this topic and has subsequently highlighted two essential building blocks of a balanced literacy framework: phonemic awareness and phonics. The current literature on the reading acquisition process shows that if students are to benefit from phonics instruction, they must have a certain level of phonemic awareness proficiency. The question remains, …

Particulate Inorganic Carbon Flux And Sediment Transport Dynamics In Karst: Significance To Landscape Evolution And The Carbon Cycle., Randall Lee Paylor

LSU Doctoral Dissertations

Research focused on three areas of karst hydrogeology and sediment transport that have been poorly studied in the past: the role of particulate inorganic carbon transport in calculating carbon sink rates in karst; rapid changes in surface vs. subsurface sediment mixing in karst conduits; and comparison of landscape denudation calculations using dissolved carbonate load vs. total dissolved/sediment load. Carbonate bedrock weathering is a significant component of the atmospheric carbon sink. Particulate inorganic carbon (PIC) in bed and suspended sediment load of karst waters is frequently dismissed as insignificant for calculating denudation and carbon transport/sink rates, but PIC flux has not …

A Framework To Incorporate A Structural Capacity Indicator Into The State Of Louisiana Pavement Management System, Omar Salaheldin Elbagalati

LSU Doctoral Dissertations

Non-structural factors such as surface distresses and ride quality have been commonly used as the main indicators of in-service pavement conditions. In the last decade, the concept of implementing a structural condition index in Pavement Management System (PMS) to complement functional condition indices has become an important goal for many highway agencies. The Rolling Wheel Deflectometer (RWD) provides the ability to measure pavement deflection while operating at the posted speed limits causing no user delays. The objective of this study was two-fold. First, this study developed a model to predict pavement structural capacity at a length interval of 0.16 km …

The Influence Of Selected Academic And Demographic Characteristics On The Success Of First-Year Students Enrolled In A Baccalaureate Nursing Program, Scelitta F. Bond

LSU Doctoral Dissertations

The primary purpose of the study was to determine the influence of selected demographic and academic characteristics on success in nursing education among first year baccalaureate nursing students enrolled in a private college in the Southern region of the United States. The participants in the study were 102 baccalaureate students admitted to the nursing program in Fall, 2013. For the purpose of the study, success was defined as a grade of C or higher in two clinical nursing courses in the first year of the nursing program. Academic and demographic criteria were examined and compared using means, standard deviations, Independent …

The Effects Of Using Knee Wraps On Back Squat And Vertical Jump Performance., Cardyl Trionfante

LSU Doctoral Dissertations

Using knee wraps (KW) as an ergogenic aid has been commonly practiced in various sports such as powerlifting, strongman, and Olympic weightlifting. There is limited research investigating the effects of using KW during back squat (BS) and none regarding vertical jump (VJ). This dissertation investigates the effects of wearing KW on BS and VJ performance through a series of studies. The first study was designed to observe acute and long term effects of using KW on VJ performance. VJ performance decreased when KW were worn and was not considered an ergogenic aid for VJ. The second study was designed to …

Data-Driven Rational Drug Design, Yun Ding

LSU Doctoral Dissertations

Vast amount of experimental data in structural biology has been generated, collected and accumulated in the last few decades. This rich dataset is an invaluable mine of knowledge, from which deep insights can be obtained and practical applications can be developed. To achieve that goal, we must be able to manage such "Big Data'' in science and investigate them expertly. Molecular docking is a field that can prominently make use of the large structural biology dataset. As an important component of rational drug design, molecular docking is used to perform large-scale screening of putative associations between small organic molecules and …

Development Of Functional Markers For Resistance To Leaf Scald In Sugarcane, Andres Felipe Gutierrez Viveros

LSU Doctoral Dissertations

Leaf scald, caused by Xanthomonas albilineans, is a major sugarcane disease worldwide. The disease is managed primarily with resistant cultivars obtained through classical breeding; however, the erratic symptom expression hinders the reliability and reproducibility of the selection process. The development of molecular markers associated with incompatible/compatible reaction can overcome this limitation. Suppression subtractive hybridization (SSH) and quantitative trait locus (QTL) mapping were the strategies used to find leaf scald resistance-associated genes and molecular markers in sugarcane. SSH results showed that genes involved in signal perception and transduction, and DNA binding, were highly expressed in the resistant clone LCP 85-384 compared …

How Should A Judge Be: In Defense Of The Judge As Ceo, David Lat, Stephanie S. Estey

Vanderbilt Law Review

No abstract provided.

Is Erie Normal, Michael S. Greve

Vanderbilt Law Review

No abstract provided.

Diagnosis And Treatment Of The Superiority Problem, Jay Tidmarsh, Stanley Onyeador

Vanderbilt Law Review

No abstract provided.