Social and Behavioral Sciences Commons^™

Rewriting Fair Use And The Future Of Copyright Reform, Michael J. Madison

Articles

This Essay describes a social practices approach to the production of creative expression, as a construct to guide reform of copyright law. Specifically, it reimagines copyright's fair use doctrine by basing its statutory text explicitly on social practices. It argues that the social practices approach is consistent with the historical development of the fair use doctrine and with the policy goals of copyright law, and that the approach should be recognized in the text of the statute as well as in judicial applications of fair use.

The Role Of Foreign Languages In Educating Lawyers For Transnational Challenges, Vivian Grosswald Curran

Articles

In a world in which every other country seems intent on teaching English to their youth, and in which the United States educational system does not place a high priority on teaching foreign languages, the American law student, dean and professor may doubt if foreign language knowledge is anything more than marginally helpful to law graduates. Similarly, educators at the primary school level may not be likely to assess foreign language education as warranting a greater allocation of scarce public resources.

The usefulness of foreign languages to the United States lawyer gradually has been gaining increased recognition in the profession, …

The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand

Articles

On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States. The case was Opinion 1/03, involving a request by the Council of the European Union on whether the Community has exclusive or shared competence to conclude the Lugano Convention. While the case on its face deals only with a single convention, it has far broader implications and is likely to influence the development of private international law and private law on a Community level for years to come. This brief article traces the origins of the issues …

Movers And Shakers In The Library Publishing World Highlight Their Roles: Interviews With Print And Electronic Journal Editors - A Comparison, Julie Banks, Carl Pracht

E-JASL 1999-2009 (Volumes 1-10)

Abstract

This paper reports the interviews of five Emerald Group and three electronic journal editors. Several topics were discussed, including the definition of a peer reviewed journal article, the role of the editor, the work involved in editing, the role of the editorial board, ways to get on the editorial board, the acceptance rate of the journal, and topics of interest for future publication. The experience provided insight into the working mechanisms of journal publishing and clearly showed that there are many similarities among the editors’ roles, relationships, workloads, and understanding of the peer review concept, no matter which format …

Small-Scale Biodiesel Production: A Feasibility Study, Isabel Call

Honors Papers

The objective of the research presented in this paper is the development of cost curves for small-scale biodiesel production and a comparison of relevant technologies. The three technologies considered are the biodiesel pilot plant at the Iowa Energy Center's Biomass Energy Conversion Center, the commercially-sold Fuelmeister, and the bicycle-powered machine currently under development by students at Oberlin College. The price of biodiesel at which production via these technologies becomes profitable and the relative profitability of each will be determined through the use of a linear program. The importance of resource recovery and energy efficiency and the use of recycled feedstocks …

Production Cost Structure And Commercial Success In The New Film Industry, Daniel Hatkoff

Honors Papers

In a country that thrives on commercialism and image, the motion picture industry is an engine of social commentary, celebrity, and enormous cash flows. From the development of the first kinetoscope to our current star-studded event-movie culture, the industry has evolved and grown to become one of the largest and most influential cultural forces in the world today.

Substantial critical analysis and literature exist discussing aesthetic qualities in film production. This paper does not follow that particular line of inquiry. Instead, we examine film as an industry focused on profitability, in which all decisions are based on the ultimate bottom-line. …

Does The Type Of Legal Representation Affect Sentencing Outcomes?, Lawren Elaine Hill

Honors Papers

This paper examines the potential differences in sentencing outcomes for public defenders compared with private attorneys. I explore the economic literature for explanations, implications, and results. There is a need for extensive research within the field of economics to provide empirical results to offset the mostly game-theoretically dominated discussion of the criminal justice system. The results are inconclusive due to a lack of statistical significance and potential selection bias in the data. Future research relating to this study is also discussed.

The Mistakes Of The Infallible: The Internal Conflict Of Eastern European Communist Intellectuals, Monica M. Lee

Honors Papers

In this thesis, I will explore the reasons why intellectuals, who are thought to be critical of all governmental regimes, historically espoused revolutionary politics and communism. I will also elucidate how the "closed system" of logic in communist theory compels "free-floating" intellectuals to adhere to a dogmatic belief in the historical mission of the proletariat and justify revolutionary violence and the violent means used by the Communist Party to transform society.

In order to answer these questions, I will examine the literature and autobiographies of two Central European authors-Arthur Koestler and Csezlaw Milosz. First I will show that both authors …

Post Merger Performances In Japan, Mami Suzuki

Honors Papers

Mergers and acquisitions are relatively new phenomena in the Japanese market. The total number M & A transactions per year has increased from approximately 500 to 1,752 between 1995 and 2002. MergerStat records 3,510 and 7,411 transactions in the U.S. for the equivalent years. The percentage of M & A transactions per number of business entities was 0.03% for Japan in 2001 and 0.1% for the U.S. in 2002. As illustrated through the figures, the frequency of M&A in Japan is considerably lower relative to the U.S., but proliferation of transactions is evident as well. Post-merger performances of firms in …

The Impact Of The Variability Hypothesis On Margaret F. Washburn's And Mary W. Calkins' Parodoxical Relations With Faculty In Their Graduate Programs, Ginger Hudson, Ann N. Elliott

Modern Psychological Studies

This paper offers a possible explanation for the paradoxical relations for two of psychology's 19th century female pioneers with faculty members in their graduate programs: Margaret F Washburn and James M. Cattell at Columbia University; and Mary W. Calkins and Hugo Munsterberg at Harvard University. Cattell's and Munsterberg's strong support and advocacy for these female graduate students appear contradictory to their general beliefs regarding women's intellectual capacities and pursuit of higher education. However, it is suggested that their views were, in fact, consistent with the variability hypothesis, which drew a sharp distinction between "average" and "exceptional" women. It is further …

The Relationship Between Hypergender Ideology And Rape Empathy Among Male And Female College Students, Erin E. Okun, Suzaime L. Osman

Modern Psychological Studies

The primary purpose of the present study was to examine the relationship between hypergender ideology and rape empathy. A sample of 157 college students completed a questionnaire packet containing demographic variables, the Hypergender Ideology Scale (HOS) and the Rape Empathy Scale (RES). It was predicted that those indicating stronger adherence to extreme stereotypic gender roles would report more empathy for the perpetrator rather than the victim of rape. It was also predicted that men would show stronger adherence to stereotypic gender roles and less victim empathy than women. Results show significant support for all predictions. Discussion involves implications that the …

Unskilled-Unaware And The Role Of Defensive High Self-Esteem, Kim Wilson, Christine Smith

Modern Psychological Studies

The purpose of this study is to examine the relationship between defensive high self-esteem and inability to recognize one's own incompetence. It is hypothesized that individuals displaying defensive high self-esteem will be most likely to show a high correlation between lack of skill and lack of awareness. Participants were assessed for defensive high self-esteem using the Marlowe-Crowne Social Desirability Scale and the Rosenberg Self-Esteem Scale. The unskilled-unaware construct was identified through comparison of prediction versus actual performance on a curriculum-scheduled exam. The null was rejected at p = .01, indicating the likelihood that defensive self-esteem can or does play a …

The Effects Of Discrimination Training On Choice-Making Accuracy During Symbolic Perference Assessment Formats, Christina Marie Vorndran

LSU Doctoral Dissertations

The right of individuals with developmental disabilities to live fulfilling and normalized lives has been a focus of federal legislation and applied research over the past 30 years. Research has primarily focused on the identification and incorporation of preferred items and activities into the home and community environments of these individuals. Because of cognitive and communication limitations, some individuals with developmental disabilities require training to make choices that accurately reflect their preferences. Verbal choice methods are commonly used in everyday clinical practice; however, the accuracy of these methods for identifying actual preferences depends on the individual’s ability to make auditory …

Mapping The Other Truth In The Shintech Case: Emancipatory Mapping For Environmental Justice In South Louisiana, Charles Allen Flanagan

LSU Doctoral Dissertations

This dissertation presents an alternative mapping approach which challenges the hegemony of abstract space and instrumental reason propagated by the U.S. Environmental Protection Agency (EPA) in its 1998 study of the Louisiana Department of Environmental Quality's (DEQ) permitting process. The "other truth" is presented through application of concepts from critical theory, critical geography, and the works of Henri Lefebvre to a specific environmental justice struggle in St. James Parish, Louisiana. In 1996 Shintech, Inc. proposed building a polyvinyl chloride facility in St. James Parish, Louisiana. The community, concerned about the considerable toxic burden already present in the area, formed a …

Why Not Preempt?: An Analysis Of The Impact Of Legal And Normative Constraints On The Use Of Anticipatory Military Activities, Rachel Tamara Bzostek

LSU Doctoral Dissertations

The 2002 National Security Strategy for the United States focused American strategic policy around the use, or potential use, of preemptive/preventive strikes, particularly as a counter-proliferation and counter-terrorism tool. While preemption and prevention are not new strategies, they have never been highlighted to such a degree as is currently the case. These activities have been studied in the context of international security, using elements such as spiral models and offense-defense theory. This study seeks to examine if other elements, specifically international law and normative issues, such as just war tradition, contribute to our understanding of the use, or non-use, of …

Effects Of Gender Role On The Judgment Of Masculine Signs, Joseph C. Mitchell

LSU Doctoral Dissertations

Masculinity is a multi-dimensional, fairly pliable construct that some scholars approach from a biological perspective, others approach from a social constructionist perspective, and others approach from a unifying perspective. Part of the environment that informs the meaning of masculinity to a given culture is the mass media. This study takes the constructivist theoretical perspective, which attempts to explain the activation of schemata. The schematic process for this study concerns how people perceive, process, and judge masculine signs. This study seeks to explain gender role orientation’s influences on the development of schemata for masculinity as evidenced by differences in assessments of …

Public Relations Ethics: A Cross-Cultural Analysis, Paul Stuart Lieber

LSU Doctoral Dissertations

This two-part study employed 11 qualitative interviews, the Defining Issues Test (DIT) and a quantitative version of the five-factor TARES test to complete the first cross-cultural analysis of the ethical decision-making patterns of public relations practitioners. The DIT is an instrument based on Kohlberg’s (1969) moral development theory, the TARES test composed of 14 self-enforced, ethical consideration statements derived from the research of Baker and Martinson (2001). Results indicate no statistically significant difference in levels of moral development and ethical consideration between sampled practitioners in Australia, New Zealand and the United States (Lieber, 2003). This finding argues for a vocational …

Development And Validation Of Child Routines Questionnaire: Preschool, Molly Murphy Wittig

LSU Doctoral Dissertations

Experts emphasize routines as a paramount practice in successful child rearing (Fiese, 2002). Only recently, however, has empirical evidence begun to corroborate this theory. While many researchers and clinicians have documented the use of daily child routines in their parenting packages and treatment studies, none has measured the effects of child routines directly. The emergence of The Child Routines Questionnaire offered ample evidence of the importance of child routines in school-age children. Significant findings link a lack of routines to child behavior problems, poor parenting practices, and parental psychopathology (Sytsma et al., 2001; Sytsma-Jordan, Kelley, & Henderson, 2002; Jordan, 2003). …

Associations Among Mothers' Reports Of Family Daily Hassles And Family Resources And Children's Cognitive Ability: An Exploratory Study, Troy D. Stuart

LSU Doctoral Dissertations

The purpose of this study was to examine the relationships among daily hassles, family resources, and children’s cognitive ability. Particular emphasis was placed on examining the relationships among the variables by family structure. A total of 205 children in first-grade and third-grade and their mothers participated in the study. There were 120 children from intact families and 85 children from single mother families in the study. All mothers completed assessments on family level variables and all children completed the BIA test of cognitive ability. Multiple regression analyses were utilized to examine the relationships among the variables. Daily hassles and cohesion …

Common Sense Philosophy And Politics In America: John Witherspoon, James Mccosh, And William James, Scott Philip Segrest

LSU Doctoral Dissertations

This dissertation examines the political significance of the two leading strains of common sense thought in the history of American philosophy—Scottish Common Sense and Pragmatism—as suggested in the writings of John Witherspoon and James McCosh in the Scottish Common Sense line, and of the more famous co-founder of Pragmatism, William James. These two strains of American common sense are placed in context of the larger Western common sense tradition. Each is shown to aim at finding a solid middle ground epistemologically between skeptical doubt and idealistic certitude that could serve as a stable basis for moral and political life. Witherspoon, …

Glucose Transporter 2 Is Likely To Play A Role In The Brain Glucose Sensing, Bing Li

LSU Doctoral Dissertations

It has been proposed that the glucose sensing mechanism in the hypothalamus and hindbrain is similar to pancreatic â cells, and brain glucose sensing may be involved in the regulation of food intake. For the first part of the dissertation, it is proposed that molecules involved in â-cell glucose sensing, including glucokinase (GK), glucose transporter GLUT2, sulfonylurea receptor-1 (SUR1), glucagon-like peptide-1 receptor (GLP-1R), and the feeding-related neuropeptide Y (NPY), are colocalized in specific areas in the hypothalamus and hindbrain. GK, GLUT2, SUR1, GLP-1R and NPY mRNA expression in ten discrete brain areas were quantified by real time RT-PCR, which will …

Three Essays In Labor And Health Economics, Christopher K. Coombs

LSU Doctoral Dissertations

This Dissertation is primarily focused on the study of U.S. workforce trends. Research over the past fifty years, with respect to the choices that individuals make in terms of maximizing their own well-being, has covered several areas. Additionally, the legal climate has changed dramatically over this time period and research in this area has covered the possible effects on economic outcomes, including an individual's well-being. The first essay focuses on the trend in trade union membership in the U.S. over the last few decades. We revisit what is known as the government substitution hypothesis which basically addresses the question of …

A Corpus-Based Approach To Infinitival Complements In Early Latin, Sarah Hawkins Ross

LSU Doctoral Dissertations

A theory-based perspective is essential to a full understanding of infinitive clauses in early Latin. Some previous work focusing on syntactic theory has failed to include appropriate Latin data or has not explained it adequately. More recent theoretical perspectives have taken the approach of Functional Grammar, dismissing much of the variation in word order and embedded clause types as driven merely by pragmatics. This study examines the syntax of early Latin from a Government and Binding viewpoint, with the aim of fully marrying the theory with the data to account for the infinitival variations. A corpus was created from the …

Health And Growth, Petia Stoianova Stoytcheva

LSU Doctoral Dissertations

Inarguably the most important question is about the unequal distribution of income among countries. Development economists have recently turned to health for an answer. This dissertation investigates the e®ect of health on cross-country income. The first essay sheds new light on the impact of AIDS on cross-country income levels. We control for a variety of factors that are potentially related to income as suggested by our empirical model and existing related literature. Using the extended (for human capital) Solow model as our baseline empirical specification, we consider cross-sectional and panel estimation. For the full sample it is shown that AIDS …

Conceptualization And Cognitive Relativism On Result In Mandarin Chinese: The Case Study Of Mandarin Chinese Bǎ Construction Using A Cognitive And Centering Approach, Jin Huei Enya Dai

LSU Doctoral Dissertations

This work adopts Langacker's cognitive grammar approach and addresses the cognitive significance of result in Mandarin Chinese, as expressed in resultant construals in the Mandarin Chinese bă construction: X bă Y Z. I identify the semantic prime of result in Mandarin Chinese, and discuss its role in the resultative verbal compound construction, the V-de-EXT resultative construction, and the bèi construction, with particular focus on the bă construction. I provide evidence for the resultant nature of segment Z in the bă construction in (1) aspectual markers, (2) resultative suffixes, (3) resultative verbal compounds, (4) locative complements, (5) directional complements, (6) the …

Osteoporosis And Osteopenia Management In Women: Survey, Case-Referent Study, And Interventional Exercise Trial, Rania A. Mekary

LSU Doctoral Dissertations

Three studies are presented; the first epidemiological study was a survey of Baton Rouge/New Orleans physicians who manage osteoporosis. When the respondents’ answers were compared to selected guidelines, they displayed poor knowledge regarding osteoporosis prevention, diagnosis, and treatment (X2=39.88; P<0.0001). Rheumatologists and endocrinologists scored globally better on osteoporosis management when compared to ObGyn (OR= 6.98) (CI=2.4; 22.8). Physicians with more years of experience were more knowledgeable of osteoporosis care (OR=1.04) (CI=1.014; 1.071). The second epidemiological study was a case referent study looking at osteoporosis treatment and patient adherence of selected women in Baton Rouge. Results showed that osteoporosis management depended partly on patient adherence. Barriers to patient’s adherence varied from physiological to psychological reasons. Physicians need to provide more explanation and motivation to the patients. Spine was the area most affected and showed more improvement with treatment than the femur (P<0.01). Bisphosphonates were the most effective treatment for the spine (P<0.05). In patients with osteoporosis, being on just calcium and exercise is not enough to counteract bone resorption. They also need to be on an anti-resorptive therapy. Low body mass index, genetics, and history of fractures were negatively correlated to bone mineral density (BMD) increase (P<0.05). The third interventional pilot study was a non-randomized controlled study done on osteopenic postmenopausal women to examine the effect of calcium supplements and core/lower back strengthening exercises on lumbar density and muscle strength. Repeated measures analysis showed that both groups increased in isometric lumbar strength with time (P=0.02). When fosamax and exercise were taken as treatments, with baseline BMD as a covariable, the one-tailed P value of the two-way ANOVA showed a numerically positive but not significant increase in the exercise group (yearly change=2.373 ± 2.625; T value=0.9; P=0.21). Also, the exercise group showed increased feelings of well-being as opposed to the control group who showed no change or worsening. One woman in the control group fractured a bone. Ultimately, osteoporosis management relies on physicians’ knowledge, involvement, and patient adherence. Calcium, exercise and anti-resorptive treatments are needed in case of osteoporosis. Calcium supplements and site-specific strengthening exercises may be enough in case of osteopenia.

The Historical Geography Of Good Thunder, Minnesota, 1870-2005, Robert L. Bothmann

All Graduate Theses, Dissertations, and Other Capstone Projects

Good Thunder is a small village in south central Minnesota on the Maple River. Founded in 1870, it is named for two prominent Indian leaders, one a Winnebago chief who lived at the site, and the other a Dakota who was active in the conflict of 1862. It began as an agricultural commerce center when the railroad arrived in Minnesota. The purpose of the study is to consider the transformation of the village, focusing upon the origins and significance of its physical and cultural features in the context of historical geography. The changing historical events and geographical features of the …

Wpa News 74 (2005), World Pheasant Association

Galliformes Specialist Group and Affiliated Societies: Newsletters

WPA News (Winter 2005), number 74

Published by the World Pheasant Association

Helping Everyone Have Plenty: Addressing Distribution And Circulation In An Hours-Based Local Currency System, Jonathan Lepofsky, Lisa K. Bates

Urban Studies and Planning Faculty Publications and Presentations

This paper summarizes research conducted by the authors who served as the ad-hoc Disbursement Task Force created by NCPlenty, Inc., the non-profit managing agency for a local currency system in central North Carolina, USA. NCPlenty, Inc. began printing a scrip-based local currency called the PLENTY in October 2002. The PLENTY, or Piedmont Local EcoNomy Tender, is based on the Ithaca HOURS currency and has faced circulation and distribution issues similar to other HOURS-based systems in the US. While at the start of the PLENTY’s first year of circulation the number of participating individuals and businesses nearly doubled and a vibrant …

Using Discrete System Simulation To Model The Lane County Criminal Justice System, Olgay Cangur, Bob Denouden, Bud Reiff, Wayne Wakeland

Systems Science Faculty Publications and Presentations

The goal of the study is to provide a comprehensive simulation of the Lane County criminal justice system from arrest to release from parole. The study's focus is to determine the bottlenecks of the system and how they effect the key outcomes.