Digital Commons Network^™

A Plea For A Cognitive Iconology Within Visual Culture, Ian Verstegen

Contemporary Aesthetics (Journal Archive)

A place is needed for a 'cognitive iconology' within "visual culture." Like Logical Positivism before it, visual culture must reexamine its tacit assumption that conflation of psycho-sociological contributions to visual meaning is an adequate methodology, and that sociologism is a worthwhile overriding philosophy. Cognitive iconology isolates the psychological contribution to the study of images and does not monopolize it but isolates the foundational basis for it on which narrower interpretations must be built. With examples from the work of Titian, it is shown how the cognitive and 'cultural' contributions must work together to make meaning. Using the philosophy of Maurice …

The Color Of The Sublime Is White, Jeffrey Downard

Contemporary Aesthetics (Journal Archive)

In this paper, I examine Melville's discussion in Moby Dick of the whiteness of the whale from the perspective of a Kantian account of the sublime. My aim, in the first instance, is to see if the comparison helps to shed light on Melville's puzzling discussion of the color white and why this color serves to heighten the feeling of being overwhelmed by terror when confronted with something extremely large or powerful. In turn, I intend to use Melville's discussion of whiteness to put pressure on some of the philosophical assumptions behind a Kantian analysis of the sublime. In particular, …

Realism And The Riddle Of Style, Catharine Abell

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Internal Control Over Financial Reporting - Guidance For Smaller Public Companies, Volume I : Executive Summary, Committee Of Sponsoring Organizations Of The Treadway Commission

Association Sections, Divisions, Boards, Teams

No abstract provided.

New Urbanist Zoning For Dummies, Michael Lewyn

Scholarly Works

No abstract provided.

Gambling For Certainty: Luck, Chance, And Uncertainty In Politics, Mindy Peden, Nicole M. Elias

Publications and Research

How much of what we do is the result of our will, and how much the result of chance or luck or fortune? This is a decidedly un-decidable question, but one that needs to be asked. The general assumption seems to be that a person's "lot" in life is physically, morally, politically, even romantically linked to choice. But the use of the term "lot" betrays the underlying uncertainty of what "causes" our "lot", laying bare questions of responsibility, burden, and even explanation. Much (perhaps at the very least 50% according to Machiavelli) of what happens in our lives can be …

Event Planners' Ratings Of Destination Selection Variables: A Comparison Between Members Of Three Professional Association Groups, Marta Godlewska

Electronic Theses and Dissertations

Several researchers have attempted to understand the destination selection criteria that are important to event planners (Crouch & Ritchie, 1998; Getz, 2003; Oppermann, 1996). However, an examination of the previous studies indicated that only limited understanding of the destination selection criteria has been provided. There is little research that compares event planners belonging to different professional associations and their rating of destination selection criteria. This study examined the differences that exist between three groups of event planners in rating thirteen destination selection variables. The study provides more understanding in the search of an optimal combination of destination selection mix based …

Journal Use By Graduate Students As Indicated By Masters’ Theses Bibliographies At An Urban Commuter College, 1991-2004., Ellen A. Sexton

Publications and Research

Citation analyses were carried out on master’s thesis in three disciplines, forensic psychology, forensic science and criminal justice, completed and deposited in John Jay library from 1991 to 2004. The aim was to determine the effect of availability of electronic journals on students’ choice of references. The number of journal citations and the ratio of journal articles to all citations was assessed. Criminal justice theses listed more citations that either science of psychology theses, but relatively fewer journal articles. An increase over time was seen in the number of journal articles cited and in the ratio of journal articles to …

Animal Law In Action: The Law, Public Perception, And The Limits Of Animal Rights Theory As A Basis For Legal Reform, Jonathan R. Lovvorn

Animal Law Review

No abstract provided.

Just Say Neigh: A Call For Federal Regulation Of By-Product Disposal By The Equine Industry, Mary W. Craig

Animal Law Review

This article discusses the thousands of foals born each year that are bred for industrial purposes. These foals must then be disposed of as unwanted by-products of the equine industry. PMU mares are bred to collect urine rich with hormones used in the production of a drug to treat menopausal symptoms. Nurse mares are bred to produce milk to feed foals other than their own. If adoptive homes cannot be found quickly, both industries dispose of their equine by-products by slaughtering the foals, and sometimes the mares, for profit or convenience. This paper calls for an amendment to the Animal …

Every Dog Can Have Its Day: Extending Liability Beyond The Seller By Defining Pets As "Products" Under Products Liability Theory, Jason Parent

Animal Law Review

Is a pet a “product”? A pet is a product for purposes of products liability law in some states, and, as this article will show, the remaining states should follow suit. Every year, thousands of “domesticated” animals are sold to consumers who are uninformed as to the animals’ propensities or to the proper method of animal care. In some instances, these animals are unreasonably dangerous in that they spread disease to humans or attack, and possibly kill, unwitting victims. Improper breeding and training techniques and negligence in sales have led to horrific injury. This comment will demonstrate how merely considering …

2005-2006 Legislative Review, Sunrise Cox

Animal Law Review

No abstract provided.

Confronting Barriers To The Courtroom For Animal Advocates: Legal Standing For Animals And Advocates, David Cassuto, Jonathan Lovvorn, Katherine Meyer, Joyce Tischler

Animal Law Review

Panelists: David Cassuto, Jonathan Lovvorn, and Katherine Meyer

Moderator: Joyce Tischler

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal’s interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish …

There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability With A Negligence Standard In Dog Bite Cases, Lynn A. Epstein

Animal Law Review

Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a child’s torts, and property owner liability for injuries caused by his property. The …

The Ethical Case For European Legislation Against Fur Farming, Andrew Linzey

Animal Law Review

In recent years, several member states in the European Union enacted legislation to regulate or prohibit fur farming. This article calls for further action to ban the practice throughout the European Union. The Author notes animals’ inabilities to protect their own interests and the role of law to protect these vulnerable interests. The Author concludes by responding to the objections of fur farming proponents, ultimately finding no legitimate justification for the documented suffering of animals raised on fur farms.

"If The Train Should Jump The Track.. .": Divergent Interpretations Of State And Federal Employment Discrimination Statutes, Alex B. Long

Georgia Law Review

As interpretational issues surrounding federal employment discrimination statutes have become more complex and controversial, there have arisen more opportunities for parallel state anti-discrimination law to jump the track" and take alternative courses. Not surprisingly, when dealing with their own parallel state statutes, a number of state appellate courts in recent years have chosen this course of action. Even where state and federal employment discrimination have not yet taken different paths, the potential for such divergent interpretations of state and federal anti-discrimination law has increased in recent years to the point where we may enter an era not unlike that of …

Redefining Physicians' Duties: An Argument For Eliminating The Physician-Patient Relationship Requirement In Actions For Medical Malpractice, Patrick D. Blake

Georgia Law Review

Nearly every state requires a patient to prove the existence of a formal physician-patient relationship in order to proceed with a claim for medical malpractice. In the absence of such a relationship, a physician's actions are measured by an ordinary negligence standard instead of the professional standard of care. Because courts have traditionally held that independent medical examinations, such as pre-employment health screenings, do not give rise to formal physician-patient relationships, individuals undergoing these examinations have been prevented from bringing malpractice claims against physicians who fail to disclose important health information detected during the examination. Recently, a small number of …

The Rhetoric Of Necessity (Or, Sanford Levinson's Pinteresque Conversation), Kevin J. Heller

Georgia Law Review

It may seem odd to begin a discussion of whether the President should have the power to act extraconstitutionally in times of necessity with a quote from The Dwarfs. As I researched this Comment, though, I could not escape the uneasy feeling that I was witnessing what could only be described as a Pinteresque conversation-a conversation in which Professor Levinson and his interlocutors, "while exchanging remarks apparently on a common topic, and using mutually comprehensible vocabulary, are revealed as experiencing a profound failure to communicate with one another."2 Professor Levinson wants to find a workable balance between constitutional restraints and …

Time To Look Abroad? The Legal Regulation Of Emergency Powers, William E. Scheuerman

Georgia Law Review

The starting point for Professor Levinson's thought-provoking ruminations on emergency power and constitutionalism is his deep skepticism about the Bush Administration's legal response to 9/11.1 In the context of the "war on terror," Professor Levinson accurately recounts, the Administration has claimed the right to override both longstanding domestic and international legal commitments.2 Even strict prohibitions on torture, it seems, are not exempt from the President's constitutionally based prerogative as "Commander in Chief to keep the nation out of harm's way, and only he apparently possesses the rightful authority to determine the fate of accused terrorists. Although many constitutional lawyers will …

Meditations On Carl Schmitt, Mark Tushnet

Georgia Law Review

A spectre is haunting Professor Levinson - the spectre of Carl Schmitt. The German--or should it be Nazi? - constitutional theorist flits in and out of Professor Levinson's discussion. Professor Levinson has done yeoman work in bringing Schmitt's perspective to the attention of constitutional theorists. My comments offer my own reaction to what I take to be Schmitt's points, and in doing so may confirm Professor Levinson's assessment of Schmitt's importance today. I start with the sentence Professor Levinson quotes: "Sovereign is he who decides on the exception. Professor Levinson focuses on the first part of the sentence, because, in …

The Deepening Crisis Of American Constitutionalism, Sanford Levinson

Georgia Law Review

Events since my Sibley Lecture in March 2005 have only underscored the importance of the general topic "Constitutional Norms and Permanent Emergencies"-whatever the adequacy of my own analysis. Probably the most prominent example is the controversy generated by disclosure of the National Security Agency (NSA) surveillance of phone calls of American citizens, undertaken without a scintilla of judicial approval, and by the Bush Administration's defense of the surveillance in spite of legislation, the Foreign Intelligence Surveillance Act (FISA), that seems quite clearly to make it illegal.' Also noteworthy, however, is the Bush Administration's continued assertions that it simply does not …

Banishing Acts: How Far May States Go To Keep Convicted Sex Offenders Away From Children?, Bret R. Hobson

Georgia Law Review

Few legislative goals are more commendable than states' attempts to prevent child sexual abuse. Given the difficult nature of this problem, some judicial deference to legislative efforts is appropriate. Politicians, however, should not receive carte blanche to enact reactionary, overinclusive statutes of questionable efficacy. When laws such as residency restrictions target all convicted sex offenders who have already paid their debt to society, courts should closely examine whether such laws violate substantive due process and the Ex Post Facto Clause. Despite the difficulty in articulating a discrete fundamental right that is infringed by residency restrictions,these laws restrain the liberty of …

Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Mary Louise Fellows, Gregory S. Alexander

Georgia Law Review

As others in this symposium have stated, Richard V. Wellman devoted his professional life to promoting legislation to make the law of estates and trusts responsive to the needs of a state's citizenry. As he saw it, his goal to make the law of donative transfers simpler, fairer, and less expensive depended upon new legislative proposals accompanied by a range of strategies to educate the bar and policymakers about them. Over the years, Dick's faith in statutory lawmaking only grew, because estate planning experts and legislators lauded the benefits achieved through enactment of the uniform laws he either drafted or …

Care And Maintenance Of Our Legal System: Richard V. Wellman-Academic Lawyer, Eugene F. Scoles

Georgia Law Review

Nearly all human beings share an interest to seek peaceful resolution of differences that interrupt what they consider to be the reasonable conduct of their affairs. In our form of government, the legal system reflects and reinforces this basic conception. Our society employs the legal system to avoid or remedy disruptive confrontations that occur among us. One of the important functions performed by the legal profession, or lawyers, is the maintenance and improvement of our legal system in its impact on all of us. Under our shared view of a society governed by law, the legal system touches all activities …

Dick Wellman-A Personal Remembrance, Lawrence W. Waggoner

Georgia Law Review

Dick Wellman was my teacher, mentor, collaborator, colleague, and friend. My law school class at The University of Michigan Law School voted Dick the most enthusiastic member of the faculty, and he was that. Dick devoted his professional life to teaching and scholarship, as most law professors do, but he had another career: Dick was a key player in the Uniform Law Conference,' an organization dedicated to improving private law and promoting legislative uniformity among the states. Through his uniform law work, Dick literally changed the legal landscape in the area of trusts and estates. His path breaking work as …

Snoop Dogs: An Analysis Of Narcotics Canine Sniffs Of Storage Units Under The Fourth Amendment, Eugene D. Bryant

Georgia Law Review

A recent development in the nation's war on drugs is the increased use of narcotics canines to indiscriminately search storage facilities. Although the Fourth Amendment protects persons from unreasonable searches and seizures, the Supreme Court of the United States in U.S. v. Place deemed a canine sniff to be sui generis and not a "search"subject to analysis under the Fourth Amendment. With its decision in Illinois v. Caballes, the Court extended this analysis to canine sniffs outside of vehicles. Various state courts, in order to better protect the rights of state citizens, have rejected the Supreme Court's sui generis analysis …

Protecting The Inner Environment: What Privacy Regulation Can Learn From Environmental Law, Dennis D. Hirsch

Georgia Law Review

This Article takes insights from the field of environmental law and applies them to the emerging area of privacy regulation. Professor Hirsch begins by showing that the information economy's negative impacts on personal privacy are analogous to the smokestack economy's harmful effects on the environment. He then identifies specific regulatory strategies pioneered in the environmental field and explains how to adapt them for use in protecting privacy

The City Of God And The Cities Of Men: A Response To Jason Carter, Randy Beck

Georgia Law Review

Jason initially considers and rejects philosophical positions that call for citizens to put aside their religious beliefs when they participate in the political sphere.' He advocates, instead, the freedom to live a "religiously integrated existence" in all areas of life, including political life. Here, Jason reminds me of another Carter-Professor Stephen L. Carter of the Yale Law School. In The Culture of Disbelief, Professor Carter contends that "[in our sensible zeal to keep religion from dominating our politics, we have created a political and legal culture that presses the religiously faithful to be other than themselves, to act publicly, and …

Chicken Little Revisited: Nafta Regulatory Expropriations After Methanex, Jessica C. Lawrence

Georgia Law Review

In August, 2005, a NAFTA dispute-resolution panel handed down its decision in Methanex Corp. v. United States, holding that, inter alia, California's regulatory ban on the gasoline additive MTBE was not a regulatory expropriation under NAFTA's Article 1110. Many of NAFTA's supporters reacted jubilantly to the decision, claiming that it proved--contrary to the "doomsday predictions" of anti-NAFTA "Chicken Littles"--that the agreement's investment chapter does not interfere with states' ability to enact regulations designed to protect the public interest. Such elation, however, is premature. This Note explains how, far from having "consigned to the garbage heap" the idea that the regulatory …

Pakootas V. Teck Cominco Metals, Ltd.: Finding A Sustainable Solution To Transboundary Pollution, Kate Mcdonald

Georgia Law Review

Transboundary pollution has become an issue of increasing concern as scientists learn more about the global effects of industry pollutants and the harm they pose to human health. - Advances in our understanding of the environment opened the door to disputes over responsibility for prevention and mitigation of the harmful effects of pollutants and created a search for techniques for international conflict resolution. Recently, industrial pollution of the Columbia River resulted in a legal battle between Washington citizens and a Canadian corporation over who was financially responsible for restoring the health of a portion of the river lying within the …