Digital Commons Network^™

Confronting Barriers To The Courtroom For Animal Advocates: Animal Advocacy And Causes Of Action, Carter Dillard, David Favre, Eric Glitzenstein, Mariann Sullivan, Sonia Waisman, Leonard Egert

Animal Law Review

Panelists: Carter Dillard, David Favre, Eric Glitzenstein, Mariann Sullivan, and Sonia Waisman

Moderator: Leonard Egert

In the third panel of the NYU Symposium, distinguished animal law professionals discuss various causes of action which may be used on behalf of animals in the courtroom. Panelists talk about traditional forms of standing, make suggestions for innovation using existing laws, and discuss visions of how they would like to see the law develop as it pertains to standing for animals.

The Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard, Jr

Georgia Law Review

Recent events like the Terri Schiavo case typify the familiar phenomenon of a matter of legal significance becoming the focus of attention on the part not only of the courts, but also of the public, the media, and the government. Legal contemplation tends to consider these and other legal disputes isolated from their community roots and insulated from their political implications. Most private disputes remain private, and do not attract the interest of the media or the political branches of government. The media's estimate of public curiosity, however, transforms a select number of disputes into high-profile cases, which leads to …

A Tragedy Of The Common: The Common Interest Rule, Its Common Misuses, And An Uncommon Solution, Nicole Garsombke

Georgia Law Review

Almost every state allows some form of the common interest rule, which protects communications and documents exchanged between attorney, client, and certain third parties from waiver of the attorney-client privilege. This Note is a critique of two important exceptions to privilege waiver, the common interest and coclient rules, and discusses the rationales and justifications for the exceptions, scenarios to which the exceptions apply, and other confusing elements of courts' applications and interpretations.An examination of the common interest and coclient rules in Georgia is provided to give a particular case study of the development and use of these two exceptions. Finally, …

Constitutional Norms In A State Of Permanent Emergency, Sanford Levinson

Georgia Law Review

Perhaps the most important constitutional issue of our time involves claims by the President to exercise power sufficient to confront ostensible 'emergencies" faced by the United States. One question is whether the Constitution grants the President sufficient powers. If not, are presidents justified in going 'beyond the Constitution"in order to do what they believe necessary in the given context? Professor Levinson demonstrates that debates about "emergency powers" have been a feature of our political system almost from its beginning. Many of those deemed our "greatest" presidents-Jefferson, Lincoln, and Franklin Roosevelt-have acted in questionable ways with regard to what might legitimately …

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 …

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

A Reply To Professor Beck, Jason Carter

Georgia Law Review

The 2004 election reinvigorated the debate about Christianity's role in our nation's lawmaking. The election saw increased polarization between the secular left, and the politicized Christian right.' Evangelical Protestants voted overwhelmingly for the Republican candidate, George W. Bush, while the most secular voters voted overwhelmingly for John Kerry.2 The 2004 election emboldened the Christian right. In addition to what they believed was their crucial role in President Bush's victory, the Christian right celebrated the passage of constitutional amendments banning gay marriage in all eleven states where such amendments were on the ballot.? One leader of the Christian right stated that …

"Anything Rather Than A Deliberate And Well-Considered Opinion" -- Henry Lord Brougham, Written By Himself, Fred C. Zacharias, Bruce A. Green

Faculty Scholarship

No abstract provided.

A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause

Faculty Publications

No abstract provided.

Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller

Faculty Publications

No abstract provided.

Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller

Faculty Publications

High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have sought to justify the harmful decisions made by past generations. Such revisionism, however, threatens the very foundation of reparations theory by persuading the public that redress is unnecessary because historical figures actually committed no injustice by merely acting appropriately, given the historical context in which they lived. This Article seeks to initiate a dialogue regarding how …

Vitality Of Voluntary Guidelines In The Wake Of Blakely V. Washington: An Empirical Assessment, The Articles On Guideline Operation Issues, John F. Pfaff

Faculty Scholarship

This Article explores the extent to which voluntary, non-binding criminal sentencing guidelines influence the sentencing behavior of state trial judges. In particular, it focuses on the ability of such guidelines to encourage judges to sentence consistently and to avoid improperly taking into account a defendant's race or sex. It also compares such guidelines to more-binding presumptive guidelines, which were recently found constitutionally impermissible in Blakely v. Washington. In general, the results indicate that voluntary guidelines are able to accomplish much, though not all, that presumptive guidelines were able to, especially with respect to sentence variation. For example, voluntary guidelines appear …

Performance, Property, And The Slashing Of Gender In Fan Fiction , Sonia K. Katyal

Faculty Scholarship

Today, it is no secret that the regime of copyright law, once an often-overlooked footnote to our legal system of property, now occupies a central position in modern debates surrounding the relationship between freedom of expression, language, and ownership. Curiously, however, while contemporary scholarship on copyright now embraces a wide range of political and economic approaches, it has often failed to consider how intellectual property law - as it is owned, constituted, created, and enforced - both benefits and disadvantages segments of the population in divergent ways. This absence is both vexing and fascinating. While issues of distributive justice have …

Apparent Consistency Of Religion Clause Doctrine, The The Rehnquist Court And The First Amendment, Abner S. Greene

Faculty Scholarship

A hallmark of religion clause scholarship is the complaint that the doctrine is a hopeless muddle. However, the Rehnquist Court brought a considerable amount of consistency-well, apparent consistency- to the doctrine. I say "apparent consistency" because, just as a paradox is only a seeming contradiction, so was the Rehnquist Court's religion clause jurisprudence only seemingly consistent. The doctrine focuses on whether the government singles out religion for special benefit (generally problematic under the Establishment Clause) or for special burden (generally problematic under the Free Exercise Clause). If, on the other hand, the government benefits religion as part of a more …

Grave Building: A Tribute To Charles J. Ogletree, Jr., And His Evolving Legacy, Robin A. Lenhardt

Faculty Scholarship

This tribute celebrates the tremendous legal career of Professor Charles J. Ogletree, Jr. It highlights his many contributions to the legal profession and academy, including his role in preparing a cadre of lawyers for the 21st Century; body of scholarship focusing on racial justice issues; and instrumental role in developing new approaches to civil rights lawyering.

Symposium Introduction: The Myth Of Moral Justice: Why Our Legal System Fails To Do What's Right, Thane Rosenbaum

Faculty Scholarship

I wrote The Myth ofMoral justice,' primarily, as a moral critique of the legal system. In examining the rituals and practices of the law under moral criteria-its obsessive focus on zero-sum contests, its dedication to cold rules and procedural technicalities over human emotion, its failure to acknowledge the spiritual pain of those who come before it, its inability to create an atmosphere where apologies, reconciliation, and the restoring of moral balance to relationships is possible, its preference for judicial economy over truth, its privileging of secrets and indifference to lies, and its failure to promote an atmosphere of mutual caring …

Death Bed, Deborah W. Denno

Faculty Scholarship

Lethal injection is this country's primary method of execution, adopted for use by all but one of the thirty-seven death penalty states, as well as the federal government. It is predictable, then, that questions would arise the moment such a widely accepted form of punishment becomes especially vulnerable to an Eighth Amendment attack, as recent cases have shown. This article discusses this author's involvement as an expert in one of these cases, Baze v. Rees, which concerned a 2005 challenge to the constitutionality of lethal injection in Kentucky. While the Baze court upheld the constitutionality of Kentucky's lethal injection procedure, …

Public Humiliation As A Mitigator In Criminal Sentencing, Barbara Benoliel

Walden Dissertations and Doctoral Studies

This study examined the relationship between the public humiliation and shaming of offenders in the sentencing portion of a criminal trial and the subsequent severity of the sentence the offender receives. Judicial moral shaming of offenders is returning to popularity in the courts, influencing the final sentence outcome as an under-identified mitigator, that substitutes for judges’ other punitive sanctions. Support for this shaming is found in Heider’s attribution theory and in Homans’ theory of social exchange; however Braithwaite found this form of shaming is overly punitive and ineffective. This four phase study used a sequential, mixed method, exploratory research design. …

Fine Art And Processing Fluency: Symmetry And Contrast Influence Preference In Paintings, Jennifer Ann Grossheim

Dissertations and Theses @ UNI

How do we discern beauty? The question has been debated by competing theorists throughout the years. Recently, Reber, Schwarz, and Winkielman (2004) have proposed that beauty is a function of an individual's processing fluency. In other words, the more easily one first processes an image the more beautiful it is judged to be. The current research aimed to tests this hypothesis using selected works of fine art. Using self-reports, responses to altered and unaltered images were recorded. Images were either left intact or altered in order to reduce or increase their symmetry or figure-ground contrast-two elements considered to be hallmarks …

Direction Of Ghosts By Henrik Ibsen: Theatre Uni, Spring Semester 2004, Megan E. Schumacher

Dissertations and Theses @ UNI

The purpose of this study is to record and explain choices made in the direction of Ghosts by Henrik Ibsen. This creative thesis describes the director's process and includes a production journal, research and analysis, production goals and schedules, and a visual video recording of the production in performance. The goal of this process documentation is to provide the choices made through collaboration and authenticate those choices up to performances.

Ghosts was performed in the Bertha Martin Theatre located within the StrayerWood building as part of Theatre UNI's 2003-2004 season. Henrik Ibsen, the playwright, penned a domestic tale about a …

‘No Net Loss’ - Instrument Choice In Wetlands Protection, James Salzman, J.B. Ruhl

Faculty Scholarship

While not a high priority issue for most people, the public has long recognized the general importance of wetlands. Since President George H.W. Bush's campaign in 1988, successive administration have pledged to ensure there would be "no net loss" of wetlands. Despite these continuous presidential pledges to protect wetlands, in recent decades, as more and more people have moved to coastal and waterside properties, the economic benefits from developing wetlands (and political pressures on obstacles to development) have significantly increased. Seeking to mediate the conflict between no net loss of wetlands and development pressures, the U.S. Environmental Protection Agency (EPA) …

Words Avoiding A Reflexive Acyclic Relation, John Dollhopf, Ian Goulden, Curtis Greene

Mathematics & Statistics Faculty Scholarship

No abstract provided.

Larry Rivers And Frank O'Hara: Reframing Male Sexualities, Dong-Yeon Koh

Dissertations, Theses, and Capstone Projects

In 1970, Sam Hunter complained that the distinctive persona of proto-Pop artist Larry Rivers had overshadowed his artistic achievement. "Too often he has been taken as an engaging public performer", wrote Hunter, claiming that some critics "make the mistake of confusing his irrepressible exhibitionism with an imagined artistic flaw of fitful or unsteady inspiration". 1 This dissertation presents an alternative proposition regarding the relationship between Rivers' artistic persona and art: that an examination of Rivers' numerous activities inside and outside the artistic arena, such as poetry, jazz, and media, is indeed useful for understanding his work. Particularly, Rivers' involvement with …

When Is It Time For Science?, Raymond J. Dagenais

Publications & Research

The title of this article begs the question, "When should we be teaching science to our children?"

Even before birth human beings may recognize natural phenomena such as pressure and temperature differences, and spontaneously react to changes in such things. These are learning experiences. It can be argued that as the brain continues to grow and develop, connections are beginning to be formed and subconscious memories created. Information gathered through the senses may be stored in unarticulated patterns in the brain. Here is the foundation for a scientific understanding of nature.

Adobe Medicus 2006 1 January-February, Health Sciences Library And Informatics Center

adobe medicus

No abstract provided.

Place Of Invention| Writing Western Women, Rachel Toor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Liberation Du Maghreb A Travers Sa Litterature, Jeremie S. Marrow

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Transparency In The Budget Process, Elizabeth Garrett, Adrian Vermeule

Public Law and Legal Theory Working Papers

Budget procedures are often adopted or changed to improve “transparency” in budgeting. This phrase can refer to two different, although related, stages of the budget process. First, transparency may refer to the outputs of budgeting; here the ideal is that the tradeoffs inherent in a budget should be made clear, salient and understandable to policy makers and the public. Second, transparency may refer to the inputs of budgeting; here the ideal is to ensure that the decision-making process is itself conducted in public. This paper focuses on the second concept of budget transparency—the degree to which important budgeting decisions are …

Cost Prevention Of Hiv, Jerika Lam

Pharmacy Faculty Articles and Research

"Since the introduction of highly active antiretroviral therapy (HAART) in the late 1990s, management of patients with human immunodeficiency virus (HIV) infection has improved where they are living longer and with fewer incidences of opportunistic illnesses. Furthermore, significant progress has been made in the understanding of the disease, the ability to quantify viral load and correlate with clinical outcomes, genotypic and phenotypic resistance assays designed to assess viral susceptibility, and a heightened awareness and appreciation of the importance of treatment adherence to ensure virologic suppression.' In spite of the benefits that HIV-infected patients may have acquired in terms of more …

Feeling The Grain: Experiences In Boat Restoration And Writing, Stephen Clark Irving

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.