Digital Commons Network^™

Consequences Of Untreated Obstructive Sleep Apnea, Binyamin S. Kanter

The Science Journal of the Lander College of Arts and Sciences

Over the past few years, awareness of the prevalence of obstructive sleep apnea has significantly increased. Indeed, sleep apnea may be more common now with the increasing incidence of obesity and the growing number of elderly individuals in our population. How serious is this condition, and what are the potential long-term effects and consequences of obstructive sleep apnea if left untreated? An overlap of many serious conditions with obstructive sleep apnea has been noticed. These conditions include hypertension, heart disease and failure, stroke, diabetes, neurological diseases, depression, and a number of other serious health concerns. The purpose of this paper …

Asymmetry And Adequacy In Discovery Incentives: The Discouraging Implications In Haeger V. Goodyear, Jeffrey W. Stempel

Scholarly Works

In this article, Professor Jeffrey Stempel explores the implications the decision in Haeger v. Goodyear Tire & Rubber Co. has for discovery and civil procedure. Professor Stempel argues the troublesome narrative that discovery problems and "abuse" are largely problems of claimants seeking excessive discovery that is unduly burdensome and costly relative to the case at hand is a significant part of the problem. Since the mid-1970s, the prevailing narrative has blamed discovery seekers more than discovery resisters.In that narrative, discovery problems are largely the problems of plaintiffs that are too unrealistic, sloppy, lazy, or greedy in frequently seeking excessive discovery. …

Where's The Power - Defamation And Wrongful Interference In The Restatement Of Employment Law, Ruben J. Garcia

Scholarly Works

In this article, Professor Ruben Garcia argues that the Restatement of Employment Law ("REL") misses the opportunity to address power relations between employers and employees as part of the "law as a whole" in the torts of the workplace. He argues that the omission shows the limits of restatements generally. However, there were other roads not taken by the drafters that might have acknowledged these power differentials in the final draft. Professor Garcia also argues that the normative choices that are made by the REL about the doctrine of compelled self-publication are based on questionable footings. "[A]cceptance of the doctrine …

An Evaluation Of U.S. National Wildlife Refuge Planning For Off-Road Vehicle Use, Robert L. Fischman, Vicky J. Meretsky, Katie Freeman, Alexi Lamm, Leah Missik, Scott Salmon

Articles by Maurer Faculty

Off-road vehicles (hereafter, ORVs) rank high among public-land management challenges because they are popular, often impair environmental conditions, and may cause conflicts with other recreational users. Unit-level planning for federal lands increasingly translates broad, system-wide objectives, such as maintenance of ecological integrity, into place-based limitations on ORV use to minimize and mitigate adverse impacts on wildlife. We reviewed 176 planning documents covering 313 National Wildlife Refuges (hereafter, Refuges) to understand how planning supports or undermines ORV recreation management. These plans offer an important perspective on ORV management because the Refuges are a large, diverse system of conservation lands where recreation …

Transnational Legal Ordering And Regulatory Conflict: Lessons From The Regulation Of Cross-Border Derivatives, Hannah L. Buxbaum

Articles by Maurer Faculty

This paper is about the theory and practice of transnational legal ordering. It seeks to gain insight into how transnational legal orders advance by examining one particular problem: the regulation of over-the-counter derivatives. It focuses on events following the global financial crisis, which exposed the deficiencies of the existing regulatory order in identifying and containing the risks created by trading in those securities. In the aftermath of the crisis, the cross-border systemic risk created by OTC derivatives trading was characterized as a problem of global dimension that necessitated a global response. A wide array of actors and institutions, both domestic …

Calling On The Cfpb For Help: Telling Stories And Consumer Protection, Pamela Foohey

Articles by Maurer Faculty

Since it began operating in 2011, the Consumer Financial Protection Bureau (CFPB) has handled more than a million complaints regarding consumer financial product and services. Beginning in June 2015, the CFPB began publishing consumers’ narratives submitted with their complaints. This Article analyses a random sample of 5,000 of these narratives to assess how people engage with the complaint mechanism in light of the CFPB’s role in processing complaints. I find that people predominately use the complaint function for two distinct purposes: to express their anger and frustration about companies’ practices, or to express sadness and fear about how companies’ practices …

The Case For A Uniform Cut Score, Joan W. Howarth

Scholarly Works

To our detriment, attorneys have become accustomed to state-by-state disparities in the cut score for our national, multiple choice licensing test, the Multistate Bar Exam (MBE). MBE cut scores range from 129 in Wisconsin to 145 in Delaware. The states with the most licensed attorneys, New York and California, use MBE cut scores of 133 and 144, respectively, which land on different sides of the national MBE score bell curve bulge. No one pretends that these disparities are justified because practicing law as a new lawyer is more difficult in California than in New York. The MBE cut score is …

Shame Agent, Joan W. Howarth

Scholarly Works

As a nation, we have recently experienced a significant positive shift in norms against casual campus sexual violence. These changes are perhaps as dramatic as the attitudinal shifts over recent decades regarding drunk driving or cigarette smoking. In a world in which masculinity is too often associated with sexual conquest, and women still suffer under intense and conflicting pressures regarding their sexual behavior, pushing this potential transformation forward is both difficult and necessary. Enforcement of Title IX protections has become a crucial driver of much of this change.

This is an account of some of what I learned as a …

Human-Centered Civil Justice Design, Victor D. Quintanilla

Articles by Maurer Faculty

This Article introduces a novel approach to improving the civil justice system, referred to as human-centered civil justice design. The approach synthesizes insights and practices from two interdisciplinary strands: human-centered design thinking and dispute system design. The approach is rooted in human experiences with the processes, systems, people, and environments that members of the public encounter when navigating the civil justice system and how these experiences interact with the entangled web of hardships and legal adversities they face in the everyday.

Human-centered civil justice designers empathize with the intended beneficiaries and stakeholders of the civil justice system, seeking to deeply …

Talent Systems For Law Firms, William D. Henderson

Articles by Maurer Faculty

irtually every large US law firm owes its rise and success to a talent system it adopted several decades ago. These talent systems were effective because they created highly skilled business lawyers in a way that aligned the interests of partners, associates, and clients. The most prominent example is the Cravath System, though other business lawyers throughout the US were making similar discoveries at roughly the same time. The tremendous forward momentum of these first-generation talent systems has created the problem of ahistorical partners — owners who collect the late-stage benefits of a talent system approach without understanding its original …

The Other "Personal Injury": Coverage B Of The Cgl Policy, Jeffrey W. Stempel

Scholarly Works

No abstract provided.

Introduction To The 2017 Annual Survey Of Consumer Financial Services Law, John L. Ropiequet, Andrew M. Smith, Keith A. Rowley

Scholarly Works

No abstract provided.

Measuring The Costs And Benefits Of Patent Pools, Michael Mattioli, Robert P. Merges

Articles by Maurer Faculty

This Article addresses a policy question that has challenged scholars and lawmakers since the 1850s: Do the transaction cost benefits of patent pools outweigh their potential for consumer harm? This question has special importance today. Patent pools are on the increase, due to large numbers of patents in critical industries such as software and mobile phones. In this Article, we present the first empirically-based estimate of the transaction costs savings engendered by patent pools. Drawing on interviews with administrators of prominent pools, we document the costs of assembling and administering a functioning pool. We then estimate the transaction costs that …

Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole

Articles by Maurer Faculty

Elinor Ostrom’s Institutional Analysis and Development (IAD) framework has been described as ‘one of the most developed and sophisticated attempts to use institutional and stakeholder assessment in order to link theory and practice, analysis and policy’. But not all elements in the framework are sufficiently well developed. This paper focuses on one such element: the ‘rules-in-use’ (a.k.a. ‘rules’ or ‘working rules’). Specifically, it begins a long-overdue conversation about relations between formal legal rules and ‘working rules’ by offering a tentative and very simple typology of relations. Type 1: Some formal legal rules equal or approximate the working rules; Type 2: …

Introduction: The American Law Institute's Restatement Of Employment Law: Comments And Critiques, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Terrible Telegrams, Cara Lindsay Reid

LSU Master's Theses

In compliance to the curriculum at Louisiana State University and Swine Palace’s Actor Training Program, M.F.A. Acting candidates are required to create and develop a one-person show. The objective is to foster the actor’s creative virtuosity and to give them the confidence, capability, and skill set to continue to create their own work after graduation. My play is about Lucy James, a recent college graduate, who moves to New York to follow her dreams of becoming an actress. Lucy's love for the craft is challenged when she takes a demoralizing job and her life begins to spiral out of control. …

Crime Analysis In The City Of Baton Rouge And Brec Park Based On Crime Location Quotient And Hotspot Method, Anliu Jiang

LSU Master's Theses

City parks provide intrinsic environmental, aesthetic, and recreation benefits to our cities and their inhabitants. Some researchers indicate that City parks serve as places of reduced crime and actually increase the safety of the surrounding area. Other researchers claim that city parks have been seen as contested space. The purpose of this thesis research is to study the relationship between parks and crime or comparing crime types between parks and their cities. First, this thesis research address the difference between crimes in city parks compared to crimes in the entire city. The second research question addresses the impact that parks …

The Treasure Of Welks-Kreer, Lance Rasmussen

LSU Master's Theses

This paper is intended to document the process of developing and performing The Treasure of Welks-Kreer, a one-man show written by Lance Rasmussen in fulfillment of the requirement for his Master of Fine Arts in Acting degree at Louisiana State University. Harkening back to the memories of his childhood and his current passions and interests, Lance wrote The Treasure of Welks-Kreer as a story of hope and exploration. The story follows The Metaphor, a superhero who finds himself transported back to the basement where he used to play table-top roleplaying games with the group of friends who eventually formed his …

The Ontological Nature Of Theology: On Heidegger's "Phenomenology And Theology", Casey Garrett Spinks

LSU Master's Theses

Following his newfound celebrity upon publication of Being and Time, Martin Heidegger delivered a lecture in 1927 and 1928, titled “Phenomenology and Theology,” where he discussed how his recent groundbreaking work in existential phenomenology relates to Christian theology. Far from offering his philosophy as a method for theology, he instead attempted to utterly separate the two, setting the former as fundamental ontology and the latter as a positive science more akin to history, with the Christian faith as its positive object of study. The lecture was left unpublished until 1969, when Heidegger added an appendix, a piece exemplary of the …

The Prisonization Of America's Public Schools, Maryam Ahranjani

Scholarly Works

No abstract provided.

Louisiana State University During World War I: A Military Tradition, Angela Michelli Fleming

LSU Master's Theses

When the United States first joined World War I it had long been without a large standing army, it soon became apparent that there was a need for soldiers and training facilities. To solve this problem, the United States utilized colleges and universities as training camps. Because of its strong military tradition, Louisiana State University (LSU) was mobilized for this purpose. Although this mobilization was a serious turning point in the school’s development, not many scholars have written histories of the changes during this time. LSU began as the Seminary of Learning of the State of Louisiana in 1860, but …

Evaluation Of The Microbial Quality Of Cantaloupe Fruit Produced On Raised Or Flat Beds Following A Flooding Event, Isaack Kikway

LSU Master's Theses

Floodwater can contain microbial contaminants such as plant and foodborne pathogens and can compromise the quality of fresh fruit and vegetables produced in Louisiana. The goal of this research was to determine the impact of flooding on microbial quality (foodborne and plant pathogens) of cantaloupe fruit produced on raised or flat beds. Cantaloupe fruit produced on 30 cm raised beds or flat ground, were flooded with a mixture of surface and well water spiked with three generic Escherichia coli strains (ATCC 23716, 25922, 11775). Mean baseline generic Escherichia coli and total coliform populations in flood water (mixture of spiked well …

Physiological And Psychological Well-Being During The Spring Season In Female Soccer Players, Adam Conrad Lowe

LSU Master's Theses

Female student-athletes are an understudied population that are exposed to athletic stressors in addition to academic and social stressors. This study is designed to investigate the physiological and psychological well-being during the spring season in female Division I soccer players. During the 2017 spring season, participants competed in five matches over five weeks and participated in three to four soccer training sessions in between match days. To measure well-being, both objective and subjective measures were used. Activation state was collected via the Activation Deactivation Adjective Checklist (AD-ACL) before all matches. Heart rate and heart rate variability were measured during all …

Pronoun Marking In African American English-Speaking Children With And Without Specific Language Impairment, Gayatri Ramamoorthy Brown

LSU Master's Theses

The present study was designed to describe and quantify patterns of pronoun use by African American English (AAE)-speaking children with specific language impairment (SLI) relative to their AAE-speaking typically developing (TD) peers. Pronouns were of interest because: they are produced frequently in everyday speech, they are often targeted when a child’s language abilities are evaluated by a speech-language pathologist, and limited pronoun data exists for AAE-speaking children. The data were language samples that had been elicited from 96 children (35 SLI, 61 TD) enrolled in kindergarten. The samples were searched for 11 different pronoun forms, and these were coded as …

Feasting In Florida: Evidence Of Swift Creek Ceremonial Feasting And Multi-Group Interactions At Byrd Hammock South (8wa30), Wakulla County, Fl, Joseph Michael O'Keefe

LSU Master's Theses

During the LSU 2015 Summer Field School at the Byrd Hammock South site (8WA30) in Wakulla County, Florida, excavations uncovered a large stratified pit-fill feature (Length 78 cm x Width 65 cm x Depth 136 cm) associated with the Early Swift Creek culture (A.D. 0 – 500). The Swift Creek have been generally identified as a transegalitarian society, and are believed to have participated in the phenomenon known as the Hopewell Interaction Sphere. The feature, Feature 1 (F1), was located approximately 60 meters south of Burial Mound B on the western edge of a semi-circular midden that surrounded a clean …

In-Group Effects Of News Use On African Americans, Folasade A'Lyce Adesanya

LSU Master's Theses

The topic of this thesis is how frequent news exposure affects the Black community’s perceptions of the world and trust in institutions. The purpose of this thesis is to uncover whether African Americans with more news exposure are more likely to view the world with skepticism and fear when compared to those with less news exposure. My hypotheses predicted that African Americans who have had frequent exposure to news will perceive the world as a meaner and scarier place (H1), will exhibit less trust in police officers (H2), and will exhibit less trust in news media (H3) than those who …

Unlikely Allies: A Case Study On Cross Class Protest In Guatemala, Daniel B. Bollich

LSU Master's Theses

Cross-class mobilization in developing countries can be a powerful force for precipitating political change, but the literature on cross-class protest movements in developing countries has focused almost exclusively on democratization movements and has not dealt adequately with cross-class protest in other contexts. Additionally, the literature on protest movements typically focuses on the lower classes, while the upper classes are either ignored or assumed to be one-dimensional, uniform, self-interested actors who only protest when it is in their own best economic and political interest. These deficiencies in the literature have been illuminated by the massive protests that occurred in Guatemala in …

Sociodemographic, Health, Health-Related, Health Risk, Psychosocial, And Treatment-Related Characteristics Associated With Retention Among Community Mental Health Clients In An Integrated Health Program, Katherine Anne Thomas

LSU Master's Theses

Individuals with serious mental illness (SMI) have higher rates cardiometabolic conditions than the general population, which put them at increased risk for early mortality. Treatment retention is especially important as it may prevent worsening of mental and physical health symptoms and lower such risks. Models of integrated primary and behavioral health care (PBHC) are promising for treating co-morbid mental and physical health conditions common to individuals with SMI. Previous research identified that individuals with SMI drop out of care at higher rates than other individuals with mental illness. Past studies on treatment retention with this population have been qualitative and …

Gender Beyond Birth: Gender Non-Conforming Students Lived Experiences Residing On-Campus In The Southeast, Tiffany Marlene Shierling

LSU Master's Theses

In this study, using a qualitative approach, gender non-conforming students lived experience living on campus in the south is being investigated. “Trans* students remain largely invisible through college records as no data is collected consistently on their enrollment” (Nicolazzo, 2016 p. 539). Although this is true of all gender non-conforming students, it is even more relevant to those that attend universities in the Southeast. Gender non-conforming students are attending universities in higher numbers than every reported before and yet, student affairs still does not have a theory that relates to these students when teaching their graduate students. The psychological literature …

Reach, Abigail Lauretta Smithson

LSU Master's Theses

During the past three years, I have asked the same two questions over and over again: What is a photograph capable of communicating? What is a document of a place? My thesis exhibition and paper explore these questions using basketball, an art form and creative outlet that I have loved since childhood, as a starting point. Basketball is the lens that I have chosen to look through when approaching my work and a metaphor for larger societal issues, such as racism and gun violence.