Digital Commons Network^™

Patent Working Requirements: Historical And Comparative Perspectives, Marketa Trimble

Scholarly Works

At the beginning of the 20th century, commentators referred to patent working requirements as the most contentious contemporary concept in patent law, and working requirements were at the center of discussions about revisions to the Paris Convention. By the end of the 20th century it seemed that working requirements attracted less attention; the TRIPS Agreement did not expressly mention working requirements at all. However, some TRIPS provisions do arguably relate to such requirements; in fact, some commentators believe that the TRIPS Agreement prevents countries from maintaining such requirements, at least in some forms. Although the lack of interest in working …

Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel

Scholarly Works

Arbitration between insurers and reinsurers – those who insure insurance companies – should logically run as smoothly as any arbitration process. Like the traditional commercial arbitration that drove enactment of the Federal Arbitration Act, reinsurance arbitration involves experienced actors in a confined industry in which the parties should be constructively aware of the rules, norms, customs and practices of the industry. But in spite of this, reinsurance arbitration experiences consistent problems of which the participants complain. This article reviews the complaints and exams possible solutions – including the possibility of arbitrating less and litigating more. Although these possible solutions would …

Transformative? Integrative? Troublesome? Undergraduate Student Reflections On Information Literacy Threshold Concepts, Rachel E. Scott

Communications in Information Literacy

In this exploratory study the authors ask students enrolled in a credit-bearing undergraduate research methods course to rank and evaluate the troublesome, transformative, and integrative nature of the six frames currently comprising the Framework for Information Literacy for Higher Education. The results indicate that students have valid insights into threshold concept-based instruction, but may confuse the application with the theory. If practitioners are to embrace not only the frames, but also the spirit of the Framework, we must directly involve students in our teaching and research practices.

The Reconquista Student: Critical Information Literacy, Civics, And Confronting Student Intolerance, Jonathan T. Cope

Communications in Information Literacy

Given the increasing power and prominence of political figures in the United States who openly espouse xenophobic, misogynistic, white nationalist positions it is only natural to anticipate encountering students who express these views in our libraries and classrooms. In this essay I use the methods of normative political theory to explore the following question: What are a set of consistent philosophical positions that Critical Information Literacy (CIL) could take that would allow it to respond to intolerance in a way that furthers its stated goals? CIL can draw upon the large body of literature on civic education in the United …

Setting Them Up For Success: Assessing A Pre-Research Assignment For First-Year International Students, Susan Avery

Communications in Information Literacy

As the international student population continues to grow, librarians must adjust their instruction to meet the needs of students who are adapting to a new country, culture, and language. This study assesses first-year international students as they engage in the research process through the completion of concept maps that precede database searches. Librarians assessed concept maps of international students completed prior to information literacy instruction to better understand the difficulties they experienced defining research topics and identifying keywords and alternatives. The results of this assessment provide a deeper understanding of the challenges first-year international students face with creating search strategies. …

Library Experience And Information Literacy Learning Of First Year International Students: An Australian Case Study, Hilary Hughes, Nerilee Hall, Megan Pozzi

Communications in Information Literacy

This qualitative case study provides fresh understandings about first year undergraduate international students’ library and information use at an Australian university, and their associated information literacy learning needs. The findings provide evidence to inform the development of library spaces and information literacy responses that enhance international students’ transition and learning. The study was conducted in 2015 as part of a project that simultaneously investigated the same topic at three US universities. This paper presents the case study context, reviews relevant literature and identifies gaps in research about international students’ library use and information literacy, and outlines the qualitative methodology—questionnaire, interviews …

Understanding How Incoming First Year College Students Develop Academic Performance Expectations: A Qualitative Case Study, Christina Marie Coovert

LSU Doctoral Dissertations

The purpose of this research study was to explore how incoming first year students develop their academic performance expectations, differences between students in the development of academic performance expectations, and lastly the role of the university has in communicating expectations to students. The researcher utilized case study research to examine various perspectives related to the development of academic performance expectation. Research methodology included, participant interviews, document analysis and observation. Research findings are highlighted by ten first year college students’ experiences; half of the participants were previously higher performing and the other half were previously lower performing. Performance was based on …

Descendants Of Abraham: A Comparative Approach To Jewish And Islamic Rhetorics, Brandon Katzir

LSU Doctoral Dissertations

Descendants of Abraham: A Comparative Approach to Jewish and Islamic Rhetorics provides two important correctives to modern scholarship. It emphasizes the importance of Jewish and Islamic rhetorics typically neglected by Western-centric historians of rhetoric, and it showcases the cultural relationship between Jews and Muslims that has been typically occluded by modern scholarship. Focusing on the early Islamic world, I demonstrate instantiations of interconnectivity between Jewish and Islamic rhetoric in Arabic from the 9th-12th centuries CE. Specifically, I look at how judicial rhetoric plays an important role in the adjudication of halakha and sharia, followed by a consideration of theological rhetoric …

The Holistic Undergraduate Growth Experience: A Case Study Exploring The Development Of A Student Success And Retention Program, Bianca Briana Teats

LSU Doctoral Dissertations

This case study depicted the development and implementation of the Holistic Undergraduate Growth Experience (HUGE) student success and retention program that spans the second year of undergraduate study to graduation. This study set out to expand student development theory and practice to include an international perspective, specifically one from the Middle East. An increased amount of attention was dedicated to examining the development of the aforementioned program than to its actual implementation in order to provide a more comprehensive framework. Based on the findings associated with this study, recommendations were made not only to the host institution for the study, …

The Fooding Of Narrative In Contemporary Women's Transnational Fiction, Stacey Marie Amo

LSU Doctoral Dissertations

The Fooding of Narrative in Contemporary Women’s Transnational Fiction examines how foodstuffs are strategically deployed in recent fiction about migration to the United States. The novels examined, all set in the period following the passage of the Immigration and Nationality Act of 1965, depict the experience of resettlement from a diverse set of postcolonial sites: Haiti, Cuba, Vietnam, and India. The Fooding of Narrative argues that food is deployed as a structuring trope and acquires narrative significance in articulating the profound sense of identity crisis that frequently accompanies the immigration experience. By focusing on food’s narrative significance in a broad …

Symphony No. 1 And The Development Of New Techniques In Contemporary Music Composition, Eric Lacy

LSU Doctoral Dissertations

The initial part of this dissertation is a symphony. Symphony No. 1 consists of three movements. Each movement begins with a monumental gesture designed to make a bold and unforgettable statement. Within each movement, there is an interesting array of harmonic and rhythmic schemes. In Symphony No. 1, the diametrically opposed concepts of “simple” and “complex” are featured prominently. These concepts are contrasted thematically, rhythmically, and harmonically. The next part of this dissertation establishes the existence of certain obstacles facing contemporary composers and the benefits of developing new techniques in composition. The music of György Ligeti and Arvo Pärt are …

Aleksander Peçi Before And After The Iron Curtain, Elida Dakoli

LSU Doctoral Dissertations

Abstract This research describes the life, compositional style and works of one of the most well-known Albanian composers, Aleksander Peçi, focusing on how the political climate affected his life and his art. Several of Peçi’s techniques are examined, including Carousel structure, Cartesian Production, Kabaoisos, and Polygravité. Albanian iso-polyphony and its influence on Peçi’s work are discussed. The research was done in hopes of reaching a better understanding of the effects Communism and the subsequent period of freedom have had on Albanian music.

An Examination Of The Impact Of Venture Philanthropy On The Mission Of Higher Education, Shon Baker

LSU Doctoral Dissertations

Across the United States, state legislative funding declines are forcing colleges and universities to rapidly adjust to a variety of shortfalls in revenue. Even the most prosperous universities, normally immune to decreases in funding, find themselves experiencing financial difficulty. To offset fiscal gaps caused by budget shortfalls and legislative decisions, university presidents are increasingly turning to fundraising as a means of filling the financial void and no donors are more poised to give transformational gifts than venture philanthropists. While the donations of venture philanthropists are highly sought, little research has been given to the potential for threats to academic freedom …

The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

In Support Of Nikolai Medtner: An Examination Of Five Of His Art Songs, Daniel J. Liebeskind

LSU Doctoral Dissertations

The music of Nikolai Medtner was neglected during his lifetime and has remained so after his death. While his piano sonatas and fairy tales receive occasional exposure, his 106 art songs are almost never heard. This monograph examines five of the 27 songs that he, himself, recorded. It is hoped that these analyses will convince readers that his most neglected genre is worthy of study and performance. A biography of the composer lays out possible reasons for his neglect, including his principled avoidance of the commercial aspects of the music business, writing in a post-Romantic style during an era that …

A Mixed Methods Analysis Of School- And Student-Level Effects: Mathematics Course Completion And Achievement Beyond Algebra 2 Among Mexican American Female High School Students, Lester Archer

LSU Doctoral Dissertations

In the United States, as the Hispanic population continues to grow, persistently low mathematics achievement among Mexican Americans continues to exist, particularly among girls. Low mathematics achievement places this group in a disadvantaged position. As such, a multistage mixed method study was implemented to investigate possible factors associated with mathematics achievement and the probability of taking mathematics courses beyond Algebra 2 among Mexican American female high school students. The Educational Longitudinal Study (ELS:2002) database provided the quantitative sample (n = 710) of respondents who self-identified as Mexican American, female, and had a math IRT score. A parallel sample (n = …

Eduardo Gamboa's Life, Music, And Inspiration. Understanding The Influence Of Folk Music On His Work "Transparencias:" An Analysis, Performance Guide, And Violin Transcription, Perla Del Rocio Fernandez Lopez

LSU Doctoral Dissertations

The purpose of this dissertation is to explore the life and music of Mexican living composer Eduardo Gamboa. This study intends to fill a void on the research of Gamboa. This document provides detailed biographical information, information about the influences on his music, and an edition of Transparencias for violin. The first chapter provides a broad biography of the composer including his musical formation, folk experience, and a complete catalog of his works. The second chapter is an introduction about Transparencias and contains the point of view of the composer and of the flutist Tadeu Coelho, to whom Gamboa dedicated …

The West As Fiction In First-Generation Arab Immigrant Literature, Rimun Murad

LSU Doctoral Dissertations

The West as Fiction in First-Generation Arab Immigrant Literature investigates the resemblance between the Arab immigrant experience, in first-generation Arab immigrant literature, and the experience of fiction reading. This dissertation analyzes Tayeb Salih’s Season of Migration to the North (1966), Waguih Ghali’s Beer in the Snooker Club (1964), Walid Al Hajjar’s trilogy The Search for the Self (1973, 1979, and 1984), Leila Aboulela’s The Translator (1999), Alaa Al Aswany’s Chicago: A Novel (2007), and Rabih Alameddine’s I, the Divine: A Novel in First Chapters (2001). Drawing from genre, postcolonial, and diasporic studies, this project argues that the West, for first-generation …

A Graph-Based Taxonomic Intelligent Tutoring System Utilizingbloom’S Taxonomy And Item-Response Theoretic Assessment, Dennis Gordon Castleberry Ii

LSU Doctoral Dissertations

This dissertation details an intelligent tutoring system which aims to raise student trait abilities across concepts and levels of Blooms taxonomy within an educational program. The system utilizes Item Response Theory, a probabilistic theory of assessment which accounts for item discrimination, difficulty, and probability of guessing in its assessment of student trait ability. A modification to Item Response Theory which accounts for question dependencies is used to assess the probability that a student will answer a given question correctly given prior responses on the dependency questions. It also draws from theories of memory and forgetting present in the ACT-R model …

Local Embeddedness Matters: A Study Of Hip-Hop Artists' Interaction With Their Local Community, Castel Vette Sweet

LSU Doctoral Dissertations

This dissertation study is an exploration of hip hop and rap artists’ embeddedness in local communities, and their interpretation of the connectedness between their work and their communities. I explore the influence of place and space in the identity development of artists, and how artist use those identities to guide their interactions with their local community. I also investigate the significance of artists’ interactions and relationship in the cultivation of social and cultural capital. In contrast to previous scholarship emphasising the negative influence rap and hip-hop artists have on their communities, I utilize in-depth interviews with artists to examine the …

Pre-College Credit And Examination Programs: One Size Fits All?, Guadalupe M. Lamadrid

LSU Doctoral Dissertations

The purpose of this mixed methods study was to utilize a comprehensive 9-16 dataset to quantitatively examine which pre-college credit programs are the most significant predictors of college achievement as defined by college GPA, first to second year retention, time to degree and graduation date. A qualitative analysis was conducted, which via the use of a survey allowed students to share their perceptions and feeling regarding their pre-college credit experiences. Data for this study was obtained from institutional sources and consisted of 9-16 detail high school record, admissions, financial aid, scholarship and enrolled student information. Univariate and Multi-variate statistical analyses …

The Due Process Bona Fides Of Executive Self-Pardons And Blanket Pardons, Peter Brandon Bayer

Scholarly Works

Contrary to much commentary and possibly some seemingly settled law, this essay argues that an American President (or a similarly situated state officer or office) may issue individual and "blanket"-or mass-clemency benefiting classes of named or unnamed individuals, and in addition may pardon himself, but only if doing so comports with the principles of fundamental fairness that define due process of law under the Constitution's Fifth and Fourteenth Amendments. Accordingly, the Constitution permits acts of clemency to foster mercy, compassion, and forgiveness, or to promote the purported best interests of the nation, or even to further an executive's political advantages, …

Deontological Originalism: Moral Truth, Liberty, And, Constitutional Due Process: Part I - Originalism And Deontology, Peter Brandon Bayer

Scholarly Works

This article offers what has been needed but lacking in modern legal commentary: thorough, meticulous and timely proof that, pursuant to principles of Originalism, the Constitution - the highest law of the United States - mandates that any governmental act is unconstitutional if it is immoral.

Specifically, this article returns fundamental constitutional jurisprudence to where it rightly was until roughly a century ago; and, where, recently, it has been returning in the form of Supreme Court substantive due process precedents based on human dignity. The overarching concept, which I call Deontological Originalism, asserts that both the Founders of this Nation …

Deontological Originalism: Moral Truth, Liberty, And, Constitutional Due Process: Part Ii - Deontological Constitutionalism And The Ascendency Of Kantian Due Process, Peter Brandon Bayer

Scholarly Works

This article offers what has been needed but lacking in modern legal commentary: thorough, meticulous and timely proof that, pursuant to principles of Originalism, the Constitution - the highest law of the United States - mandates that any governmental act is unconstitutional if it is immoral.

Specifically, this article returns fundamental constitutional jurisprudence to where it rightly was until roughly a century ago; and, where, recently, it has been returning in the form of Supreme Court substantive due process precedents based on human dignity. The overarching concept, which I call Deontological Originalism, asserts that both the Founders of this Nation …

Judicial Power, The Judicial Power Project And The Uk, Paul Craig

Articles by Maurer Faculty

It is axiomatic that all power requires justification, and that is equally true for judicial power as for other species thereof. This article is primarily concerned with judicial power in the UK. The subject will be approached through consideration of the Judicial Power Project, which has been critical of the courts, much of this being sharp-edged, and fierce. There is repeated talk of judicial overreach and consequent legitimacy crisis, as the courts are said to encroach on terrain that is properly the preserve of the political branch of government.

It is by the same token important that the critics are …

Disease, Bread, Efficiency: Rhetorics Of Victorian Education Reform, Vicki Jean Davis

LSU Doctoral Dissertations

Disease, Bread, Efficiency: Rhetorics of Victorian Education Reform arose from my observation that, historically speaking, Anglo-American schools have always been “in crisis.” I argue that the crisis of the “failing school” is a rhetorical problem rather than an economic problem as most scholarship suggests. Much like the cultural myth of “the One True Love,” education reform debates tend to position the school as an institution that can rescue the nation from all perceived social ills. Not only is this unrealistic, the patterns of language are inconsistent as ideas about the purpose of school are translated into policy. This causes further …

A Regulatory Theory Of Legal Claims, Maria J. Glover

Vanderbilt Law Review

Procedural law in the United States seeks to achieve three interrelated goals in our system of litigation: efficient processes that achieve "substantive justice" and deter wrongdoing, accurate outcomes, and meaningful access to the courts. For years, however, procedural debate, particularly in the context of due process rights in class actions, has been redirected toward more conceptual questions about the nature of legal claims-are they more appropriately conceptualized as individual property or as collective goods? At stake is the extent to which relevant procedures will protect the right of individual claimants to exercise control over their claims. Those with individualistic conceptions …

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 …

A Tamed Nobility? An Evaluation Of The Relationship Between The English Monarchy And The Late Medieval Peerage, Elizabeth Paige Long

LSU Master's Theses

The fifteenth century in England was an extremely tumultuous period. The beginning of the century saw the continuation and eventual end of the Hundred Years War while the latter half saw a period of noble-led civil war known as the Wars of the Roses. The Wars of the Roses lasted for approximately thirty years and spanned the reigns of four kings: Henry VI, Edward IV, Richard III, and Henry VII. The English peerage was intimately involved throughout the entire conflict. Nobles such as Richard, Duke of York and Richard, Earl of Salisbury were responsible for beginning the Wars of the …

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 …