Digital Commons Network^™

The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie

Faculty Scholarship

No abstract provided.

Legal Transitions: Some Welfarist Remarks, Matthew D. Adler

Faculty Scholarship

This essay offers a sympathetic, utilitarian critique of Louis Kaplow's famous argument for legal retroactivity in his 1986 article, "An Economic Analysis of Legal Transitions." The argument, very roughly, is that the prospect of retroactivity is desirable if citizens are rational because it gives them a desirable incentive to anticipate legal change. My central claim is that this argument trades upon a dubious, objective view of probability that assumes rational citizens assign the same probabilities to states as rational governmental officials. But it is subjective, not objective probabilities that bear on rational choice, and the subjective probabilities of rational citizens …

Reconstructing Climate Policy: Beyond Kyoto, Jonathan B. Wiener, Richard B. Stewart

Faculty Scholarship

In their comprehensive analysis of the Kyoto Protocol and climate policy, Richard B. Stewart and Jonathan B. Wiener examine the current impasse in climate policy and the potential steps nations can take to reduce greenhouse gases. They summarize the current state of information regarding the extent of global warming that would be caused by increasing uncontrolled greenhouse gas emissions. They explain why participation by all major greenhouse gas-emitting countries is essential to curb future greenhouse gas emissions and also note the significant obstacles to obtaining such participation.

Stewart and Wiener argue it is in the national interest of the United …

The Historical And Contemporary Prosecution And Punishment Of Animals, Jen Girgen

Animal Law Review

This article analyzes the role of the animal “offender,” by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have ended (for the most part), we continue to punish animals for their “crimes” against human beings. She suggests that we do this primarily to achieve two ends: the restoration of order and the achievement of revenge, and concludes with a call for a renewed emphasis on “due process” for animals threatened with punishment for their offenses.

The Evolving Legal Status Of Chimpanzees

Animal Law Review

On September 30, 2002, Harvard Law School hosted a legal symposium sponsored by the Chimpanzee Collaboratory's Legal Committee. The symposium featured speakers with expertise on chimpanzees, as well as legal scholars and lawyers who discussed the possibility of obtaining legal rights for chimpanzees and other great apes. This symposium sought to advance the argument that chimpanzees are entitled to some degree of legal status, and the speakers presented a range of views about how far such legal rights should extend. These remarks reflect the connection between the growning scientific understanding of chimpanzees and the advances in related legal doctrines. This …

Hair Today, Gone Tomorrow: Equine Cosmetic Crimes And Other Tails Of Woe, Sandra Tozzini

Animal Law Review

Many invasive procedures, including surgery, are performed on horses’ tails purely for cosmetic reasons. These procedures fall into a variety of categories from the arguably unethical to the undoubtedly criminal. Although criminal laws prohibiting certain cosmetic surgeries have been in existence for approximately one hundred years, they rarely have been enforced. This article reviews the current status of both American and international “anti-cosmetic” statutes, focusing on the constitutional problems that the current American statutes raise. The article proposes a model federal statute that is constitutionally sound, addresses all forms of cosmetic tail procedures, and provides a vehicle for enforcement.

A New Era In Humane Education: How Troubling Youth Trends And A Call For Character Education Are Breathing New Life Into Efforts To Educate Our Youth About The Value Of All Life, Lydia S. Antoncic

Animal Law Review

The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. …

Valuing Companion Animals In Wrongful Death Cases: A Survey Of Current Court And Legislative Action And A Suggestion For Valuing Pecuniary Loss Of Companionship, Elaine T. Byszewski

Animal Law Review

Because it is exceedingly difficult to measure the value of “companionship” in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward “investment approach” to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals.

Reaching For Justice: An Analysis Of Self-Help Prosecution For Animal Crimes, Jennifer H. Rackstraw

Animal Law Review

Although prosecutorial discretion is a firmly entrenched legal doctrine in the United States, such unbridled discretion impedes the vigorous and consistent prosecution of animal crimes. With an overwhelming incidence of animal cruelty and neglect crimes perpetrated in the United States every year, documented cases should not be passed over for prosecution due to a lack of empathy on the part of the prosecutor, a misplaced understanding of the seriousness of animal cruelty crimes, or a dearth of resources. To ensure that animal crimes are more vigorously and consistently prosecuted, citizens should take advantage of existing mechanisms that allow for public …

A Review Of Minding Animals: Awareness, Emotions, And Heart By Dr. Mark Bekoff, Michael Tobias

Animal Law Review

No abstract provided.

2022 Legislative Review, Emilie Keturakis

Animal Law Review

No abstract provided.

A Conceptual Model Of Health Care Fraud Enforcement, Joan H. Krause

Faculty Publications

No abstract provided.

Sale Of Defective Houses: Cicero And The Moral Choice, John V. Orth

Faculty Publications

No abstract provided.

Night Thoughts: Reflections On The Debate Concerning Same-Sex Marriage, John V. Orth

Faculty Publications

No abstract provided.

Peace-Making Role Of A Mediator, The The Americanization Of International Dispute Resolution, John D. Feerick

Faculty Scholarship

Mediation, or the intervention of third parties, has been a tested and tried means of dispute resolution since the earliest history of the world. The theme for this program, the Americanization of International Dispute Resolution, asks whether there is an American style of dispute resolution and, if there is, whether it is positive or negative for the peaceful settlement of international disputes. In approaching my assignment of Mediation in Armed Conflict, I have focused my attention on Northern Ireland, a society that has experienced a violent conflict for the past thirty years, in which many efforts at mediation have taken …

Best Interests Not To View This.Com: Should The First Amendment Ever Come Second?, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

The Mare Reproductive Loss Syndrome And The Eastern Tent Caterpillar: A Toxicokinetic/Statistical Analysis With Clinical, Epidemiologic, And Mechanistic Implications, Manu Sebastian, Marie G. Gantz, Thomas Tobin, J. Daniel Harkins, Jeffrey M. Bosken, Charlie Hughes, Lenn R. Harrison, William V. Bernard, Dana L. Richter, Terrence D. Fitzgerald

Maxwell H. Gluck Equine Research Center Faculty Publications

During 2001, central Kentucky experienced acute transient epidemics of early and late fetal losses, pericarditis, and unilateral endophthalmitis, collectively referred to as mare reproductive loss syndrome (MRLS). A toxicokinetic/statistical analysis of experimental and field MRLS data was conducted using accelerated failure time (AFT) analysis of abortions following administration of Eastern tent caterpillars (ETCs; 100 or 50 g/day or 100 g of irradiated caterpillars/day) to late-term pregnant mares. In addition, 2001 late-term fetal loss field data were used in the analysis. Experimental data were fitted by AFT analysis at a high (P < .0001) significance. Times to first abortion (“lag time”) and abortion rates were dose dependent. Lag times decreased and abortion rates increased exponentially with dose. Calculated dose × response data curves allow interpretation of abortion data in terms of “intubated ETC equivalents.” Analysis suggested that field exposure to ETCs in 2001 in central Kentucky commenced on approximately April 27, was initially equivalent to approximately 5 g of intubated ETCs/day, and increased to approximately 30 g/day at the outbreak peak. This analysis accounts for many aspects of the epidemiology, clinical presentations, and manifestations of MRLS. It allows quantitative interpretation of experimental and field MRLS data and has implications for the basic mechanisms underlying MRLS. The results support suggestions that MRLS is caused by exposure to or ingestion of ETCs. The results also show that high levels of ETC exposure produce intense, focused outbreaks of MRLS, closely linked in time and place to dispersing ETCs, as occurred in central Kentucky in 2001. With less intense exposure, lag time is longer and abortions tend to spread out over time and may occur out of phase with ETC exposure, obscuring both diagnosis of this syndrome and the role of the caterpillars.

Resource Advisory Councils: An Investigation Of Factors Contributing To An Effective Government-Mandated Collaborative, Camisha Booth

Graduate Student Theses, Dissertations, & Professional Papers

In recent years there has been a tremendous increase in collaborative decision making processes in natural resource management, especially in the Western United States. Collaborative groups have had some remarkable successes, primarily through local, place-based groups. Realizing the potential in collaboration, many government agencies are beginning to utilize them in attempts to reduce public dissatisfaction with land management decisions. There are, however, critics of collaboration and many are concerned with government attempts at utilizing this form of public participation.

Resource Advisory Councils (RACs) are an example of a government mandated collaborative process. RACs consist of 15 members from three specific …

Is This Good?| Writings Of The Lakota Youth At Red Cloud Middle School, Timothy Patrick Mclaughlin

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Lot Of Talk About Nothing| Wallace Stevens And Eastern Thought, Michael A. Hahm

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Maclean's Pastoral Vision In "A River Runs Through It", Jason Nichols

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A Plan For Success, Barbara A. Kearley

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"We're Tough Girls:" Responding To The Challenges Of Women's Entrepreneurship In Montana, Rebecca E. Gill

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Analysis Of The Healthy Forest Restoration Act Of 2003: The Good The Bad And The Ugly., Nicholas D. Noble

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Understanding The Spatial Database Of The Multipurpose Gis, Kenneth Eugene Miller

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Exploring Spatial And Temporal Distribution Of Floods And Droughts In Jinhua Zhejiang China From 961 To 1985 A.D., Feihua Yang

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Imaging The Shallow Subsurface Using Ground Penetrating Radar At The Nyack Floodplain Montana, Christopher R. Hawkins

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Evaluation Of Hiv Transmission Knowledge And Prevention Behavior Among Migrant Workers In Montana, Angela D. Mccall

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Premortem Tooth Loss : A Model For Estimating Adult Age At Death, Dawn M. Medved

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Nutritional Attitudes And Beliefs Of Wildland Firefighters In The West, Kristen L. Kodeski

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.