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Sprawl, Growth Boundaries And The Rehnquist Court, Michael Lewyn

Scholarly Works

The most stringent anti-sprawl measure adopted by any American state is Oregon's urban growth boundary (UGB) program. Urban growth boundaries are lines on maps within which high-density development is encouraged, and beyond which such development is generally forbidden. Outside the boundary, rural industries (such as logging) and open space are promoted. This Article focuses on three issues: whether UGBs are constitutional under recent Supreme Court case law, (2) whether the UGB has in fact saved Portland (Oregon's largest city) from the social problems caused by sprawl, and (3) whether the side effects of UGBs make them a cure worse than …

On Thanksgiving And Collective Memory: Constructing The American Tradition, Amy Adamczyk

Publications and Research

Relying on the approach by Maurice Halbwachs who argued that collective memory is based on contemporary interests and concerns, this article shows how Thanksgiving has changed over time in accordance with the ideas of the day. Aspects of the analysis support Barry Schwartz’s theory that commemoration reflects the historical past. Similar to the pilgrims’ celebration, many people commemorate Thanksgiving by, for example, feasting and praying. But in contrast to Schwartz’s thought, this paper also shows that there are other elements of traditions that have minimal connection with the original event. Forms of commemoration like the Macy’s Day Parade challenge the …

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 8, Issue 1.

Enforcing Existing Rights, Cass R. Sunstein

Animal Law Review

No abstract provided.

Political Ideology And The Legal Status Of Animals, Robert Garner

Animal Law Review

Mr. Garner challenges the traditional notion that significant improvements to animals’ well being cannot be achieved absent an abolition of their status as mere property. In so doing, Mr. Garner explores political factors affecting animal protection, including the current ideological climate and western notions of liberalism.

The Legal Status Of Nonhuman Animals

Animal Law Review

On September 25, 1999, a distinguished group of legal scholars met in New York City at the 5th Annual Conference on Animals and the Law, hosted by the Committee on Legal Issues Pertaining to Animals of the Association of the Bar of the City of New York, to discuss how the law classifies nonhuman animals and whether the current legal framework is in accord with scientific understanding, public attitudes, and fundamental principles of justice. This conference took a monumental step in facilitating discussion about, and furthering the cause of, the legal protection and welfare of nonhuman animals.

Comments are included …

Animal Law And Animal Rights On The Move In Sweden, Helena Striwing

Animal Law Review

Ms. Striwing, an attorney at law in Sweden, provides a glimpse into Swedish laws and practices affecting animals in that country. She discusses the development and characteristics of such laws and offers suggestions regarding implementation and enforcement that may also be utilized by other countries in their quests to afford animals greater legal protections.

The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson

Animal Law Review

Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.

Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett

Animal Law Review

Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.

Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl

Animal Law Review

Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry’s First Amendment right to free expression.

Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland

Animal Law Review

Ms. Ireland explores the methodologies, ethics, and dangers of canned hunting and offers ways to challenge the practice through existing and proposed state and federal statutes. In so doing, Ms. Ireland examines statutory law as it relates to exotic animals, the definition of “animal,” the anti-cruelty exemptions, and husbandry practices. Finally, the feasability of statutory enforcement by agencies is examined.

Could A Chimpanzee Or Bonobo Take The Stand?, Angela Campbell

Animal Law Review

No abstract provided.

2001 Legislative Review, Laurie Fulkerson

Animal Law Review

No abstract provided.

The Rhetoric Of Judicial Critique: From Judicial Restraint To The Virtual Bill Of Rights, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Foreclosing On Fame: Exploring The Uncharted Boundaries Of The Right Of Publicity, Melissa B. Jacoby, Diane Leenheer Zimmerman

Faculty Publications

No abstract provided.

Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins

Faculty Scholarship

Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to "break[] down old patterns of segregation and hierarchy," the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …

Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee

Faculty Scholarship

This background paper assesses the importance of integrating gender into efforts to address racial discrimination and related intolerance in the WCAR process. While this background paper primarily focuses on racial discrimination, the analysis may be applied to xenophobia and related intolerance where these experiences are "raced" experiences. Addressing these forms of intolerance in a comprehensive manner requires unmasking the ways in which race intersects with gender and other status. A gender analysis is needed to make racism more fully visible, because "racial discrimination does not always affect men and women equally or in the same way." Women often experience compounded …

The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin

Faculty Scholarship

No abstract provided.

Retributive Justice: Its Social Context, Neil Vidmar

Faculty Scholarship

Until relatively recently, social psychologists have given less attention to retributive justice than to other forms of justice, such as distributive and procedural justice. Although interest in retributive justice is increasing, the fact remains that social psychological research on retribution has tended to ignore, or at least downplay, the insights of sociologists in deference to an approach that examines how individuals respond to deviant acts. Without rejecting psycholgical analyses, this chpater draws attention to the social context and social consequences of retributive justice. Group dynamics are at play in a wide array of settings in which people respond to rule …

Case Studies Of Pre- And Mid-Trial Prejudice In Criminal And Civil Litigation, Neil Vidmar

Faculty Scholarship

This article presents a number of case studies involving pre- and mid-trial prejudice in criminal and civil litigation. The cases reveal deficiencies in the way that prejudicial publicity has been conceptualized and operationalized in many simulation experiments. The studies reveal that potential juror prejudices that concern lawyers and judges involve more than just main effects of mass media. Pre- and mid-trial prejudice also involves more general prejudices, gossip and rumor, the assertion of community normative values about justice, and conformity pressures. Four categories of prejudice recognized in American law are described and labeled: interest, specific, generic and conformity prejudice. The …

Comparing Precaution In The United States And Europe, Jonathan B. Wiener, Michael D. Rogers

Faculty Scholarship

The regulation of health and environmental risks has generated transatlantic controversy concerning precaution and the precautionary principle (PP). Conventional wisdom sees the European Union endorsing the PP and proactively regulating uncertain risks, while the United States opposes the PP and waits for evidence of harm before regulating. Without favouring either approach, this paper critically analyses the conventional depiction of transatlantic divergence. First, it reviews several different versions of the PP and their different implications. Second, it broadens the transatlantic comparison of precaution beyond the typical focus on single-risk examples, such as genetically modified foods. Through case studies, including hormones in …

Identifying And Comparing Misconceptions Held By American And Russian University Students In Mechanics, Alexandra Sokolova

Dissertations and Theses @ UNI

This paper reports on a study of misconceptions held by undergraduate students completing an introductory physics course at the University of Northern Iowa and first-year undergraduate students taking a mechanics course at the Herzen State Pedagogical University of Russia. Existence of misconceptions in mechanics among Russian and American students was investigated prior to instruction and at the completion of the one-semester course. Different teaching approaches were used to introduce the students to mechanics. An activity-based approach was emphasized at UNI and a traditional lecture-lab approach was used at Herzen University. The emphasis of the study was placed on identifying misconceptions …

Notes From The Motherland| Global Mothering And Othering In The Works Of Elizabeth Gaskell, Christine M. Solomon

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Land-Use In The Crown Of The Continent Ecosystem| The Potential Disturbance Resulting From Coalbed Methane Production In The East Kootenay Coalfields Of Southeast British Columbia, Erin K. Sexton

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Community In The Classroom : A Research Synthesis, Martha Cheney

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Code-Switching Behavior In Email Writing Among Fluent Bilinguals Of Bulgarian And English, Kalina S. Stoyanova

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Nonactin Biosynthesis : Studies Toward The Synthesis Of Stable Isotope Labeled Potential Precursors, Melanie Bengtson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Grammaticalization Lexicalization And Russian Amalgams, Natalia I. Kalachev

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

On The Need For A Subsumptive Evaluative Approach: Societal Evaluation And Devaluation Of Art Works And Artistic Practice, Julie Wills Sleightholm

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Do Tax-Deferred Exchanges Impact Purchase Price? Evidence From The Phoenix Apartment Market, Andrew Holmes, Barrett A. Slade

Faculty Publications

Many authors have commented on the compliance risk associated with taxdeferred exchanges. However, no published studies explicitly address whether the risks associated with the exchange process impact the price at which exchanged assets trade. Using a unique data set that documents transactions for nondirect exchanges, this study examines the price impact of tax-deferred exchanges on apartment transactions in the Phoenix, Arizona, market. Consistent with the price pressure hypothesis originally developed by Scholes (1972) and Kraus and Stoll (1972) and the tax capitalization hypothesis proposed by Oates (1969), the data show that exchange participants pay an economically significant premium to acquire …