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2008

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Got Organic Milk? "Pasture"-Ize It! An Analysis Of The Usda's Pasture Regulations For Organic Dairy Animals, Fatema Merchant Jan 2008

Got Organic Milk? "Pasture"-Ize It! An Analysis Of The Usda's Pasture Regulations For Organic Dairy Animals, Fatema Merchant

Animal Law Review

Trouble brews, on the other hand, for those advocates who aim farther afield, who demand that animals be granted formal legal rights. Graphics and adjectives alone are vastly insufficient to validate just how that project would operate under the law or how science and logic would support a formal position on animals as “rights-holders.” Unhappily, the animal rights movement, as it takes such aim, has shown that it is weaker, not stronger, for the effort. Separate from its vulnerability to criticism by those politically opposed, a call for legal rights for animals is without justification on the very two pillars …

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Statute Of Anne-Imals: Should Copyright Protect Sentient Non-Human Creators?, Dane E. Johnson Jan 2008

Statute Of Anne-Imals: Should Copyright Protect Sentient Non-Human Creators?, Dane E. Johnson

Animal Law Review

This article explores questions of whether copyright protection can and should extend to works created by captive animals such as gorillas, chimpanzees, and elephants. Commentators have considered similar questions in the artificial intelligence context and generally rejected the notion that computers can create works sufficiently free of human involvement to merit copyright protection. As our understanding of animal intelligence increases, however, the case for reconsideration of copyright’s constitutional and statutory boundaries becomes stronger. This article examines those boundaries and offers a proposal for granting limited copyrights to animals under a theory along the lines of David Favre’s equitable self-ownership concept.

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Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell Jan 2008

Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell

Animal Law Review

No abstract provided.

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Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss Jan 2008

Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss

Animal Law Review

The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff’s Department seized fifty-three pit bulls from Vick’s home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether …

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No Names, Please: The Virtual Victimization Of Children, Crime Victims, The Mentally Ill, And Others In Appellate Court Opinions, Joel M. Schumm Jan 2008

No Names, Please: The Virtual Victimization Of Children, Crime Victims, The Mentally Ill, And Others In Appellate Court Opinions, Joel M. Schumm

Georgia Law Review

Google and other search engines allow anyone with Internet access the ability to obtain a wealth of information about their neighbors, acquaintances, employees, or even adversaries. Although easy access to information is generally a positive development, the easy discovery of highly personal and stigmatizing information often is not. It is particularly disconcerting when the information is being purveyed by appellate courts around the nation when they post hundreds of opinions to court websites every day. This Article surveys the use of initials and pseudonyms in appellate opinions for victims of crime, children, the mentally ill, jurors, and others. It discusses …

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Think Twice Before You Type: Blogging Your Way To Unemployment, Scott R. Grubman Jan 2008

Think Twice Before You Type: Blogging Your Way To Unemployment, Scott R. Grubman

Georgia Law Review

Over the last several years, "blogging" has taking the Internet world by storm and is now one of the most popular online activities among Americans. With the rising popularity of the Internet, and the blogging phenomenon in particular, both employees and employers have developed new concerns regarding the activities of employee-bloggers. The concerns emanating from both sides of the equation are quite reasonable given the stakes at issue-for the employee-blogger, his or her job; for the employer, its reputation and bottom line. While there are very few, if any, specific statutes designed to protect the activities of employee-bloggers, there are …

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Property And Relative Status , Nestor M. Davidson Jan 2008

Property And Relative Status , Nestor M. Davidson

Faculty Scholarship

Property does many things-it incentivizes productive activity, facilitates exchange, forms an integral part of individual identity, and shapes communities. But property does something equally fundamental: it communicates. And perhaps the most ubiquitous and important messages that property communicates have to do with relative status, with the material world defining and reinforcing a variety of economic, social, and cultural hierarchies. This status-signaling function of property-with property serving as an important locus for symbolic meaning through which people compare themselves to others-complicates premises underlying central discourses in contemporary property theory. In particular, status signaling can skew property's incentive and allocative benefits, leading …

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Standardization And Pluralism In Property Law , Nestor M. Davidson Jan 2008

Standardization And Pluralism In Property Law , Nestor M. Davidson

Faculty Scholarship

At the heart of contemporary property theory stands an intriguing puzzle. Unlike the relatively unconstrained freedom that contract law provides for private ordering, property law recognizes only a limited and standard list of mandatory forms. This standardization-known as the numerus clausus from the civil law concept that the "number is closed" -poses a basic conundrum: what can explain a persistent feature of the law that seems, at first glance, so clearly to restrict the autonomy and efficiency gains conventionally associated with private property? This Article proceeds in four parts. Part I describes the numerus clausus principle and the problems that …

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Problem Of Equality In Takings, The , Nestor M. Davidson Jan 2008

Problem Of Equality In Takings, The , Nestor M. Davidson

Faculty Scholarship

The Supreme Court is finally beginning to bring clarity to the law of regulatory takings and in the process is bringing to the fore a previously submerged theme in the jurisprudence: regulatory takings as a question of distributional justice and horizontal equity. This Article argues that this equality dimension is fundamentally problematic. On a theoretical level, privileging norms of equality engrafts political process rationales for heightened scrutiny onto groups defined solely by the differential burden of a regulation, an exercise in circularity. Equally troubling is the inverted political economy of regulatory takings claims that is likely to result: the greatest …

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Happy Families - Translating Positive Psychology Into Family Law, Clare Huntington Jan 2008

Happy Families - Translating Positive Psychology Into Family Law, Clare Huntington

Faculty Scholarship

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …

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Introduction: Symposium: The Lethal Injection Debate: Law And Science, Deborah W. Denno Jan 2008

Introduction: Symposium: The Lethal Injection Debate: Law And Science, Deborah W. Denno

Faculty Scholarship

No abstract provided.

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Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink Jan 2008

Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink

Faculty Scholarship

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …

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The Impact Of A Professional Learning Community On Student Achievement, Brandon S. Carter Jan 2008

The Impact Of A Professional Learning Community On Student Achievement, Brandon S. Carter

Walden Dissertations and Doctoral Studies

Professional learning communities (PLC) have the potential to strengthen students' academic achievement. An academic pyramid of interventions, one aspect of PLCs, may be especially helpful in schools where subgroups of students are underperforming relative to other students on standardized testing. This quantitative, one-group, pretest-posttest study examined the impact of implementing an academic pyramid of interventions as part of a PLC on middle school student academic achievement. The 100 students from grade 7 and 8 who participated in the study were identified by teachers as being at-risk for success on the Criterion Referenced Competency Test (CRCT). The reading and math test …

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Ho'oponopono: Assessing The Effects Of A Traditional Hawaiian Forgiveness Technique On Unforgiveness, Matthew B. James Jan 2008

Ho'oponopono: Assessing The Effects Of A Traditional Hawaiian Forgiveness Technique On Unforgiveness, Matthew B. James

Walden Dissertations and Doctoral Studies

This study expanded on the existing empirical research on forgiveness and specifically ho'oponopono, a traditional Hawaiian forgiveness process. An extensive literature review revealed that while forgiveness has gained in popularity among researchers and clinicians, few therapeutic process-based models have been researched. Furthermore, ho'oponopono has not been studied as a process-based approach to forgiveness. Therefore, the purpose of the present between-groups, within-groups, repeated measures study was to assess the effects of the application of ho'oponopono (focused on a specific transgressor) on levels of unforgiveness, as measured by the Transgression-Related Interpersonal Motivations Inventory (TRIM). The participants (N = 79) were randomly divided …

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Beliefs, Perceptions, And Preferences For Treatment In Latinas With Breast Cancer, Barbara Ann Kreling Jan 2008

Beliefs, Perceptions, And Preferences For Treatment In Latinas With Breast Cancer, Barbara Ann Kreling

Walden Dissertations and Doctoral Studies

Research documents that breast cancer is the leading cause of death in Latina females. The exact numbers are unknown, but studies reveal that Latinas with breast cancer underuse recommended follow-up chemotherapy, decreasing their rates of survival. Although several factors may be responsible, cultural influences are a possible barrier. However, there is a gap in the literature about how culture affects decisions about breast cancer treatment. This focused ethnographic study examined the role of cultural beliefs and perceptions in the decision-making process for Latina women about whether or not to receive chemotherapy following a breast cancer diagnosis. Drawing from Douglas' cultural …

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Imagining Gun Control In America: Understanding The Remainder Problem Article And Essay, Nicholas J. Johnson Jan 2008

Imagining Gun Control In America: Understanding The Remainder Problem Article And Essay, Nicholas J. Johnson

Faculty Scholarship

Gun control in the United States generally has meant some type of supply regulation. Supply restrictions ranging from one-gun-a-month schemes to flat gun bans cannot work without a willingness and ability to reduce total inventory to levels approaching zero ("the supply-side ideal"). This is an impossible feat in a country that already has 300 million guns tightly held by people who think they are uniquely important tools. The average defiance ratio in places that have attempted gun confiscation and registration is 2.6 illegal guns for every legal one. In many countries defiance is far higher. None of those countries has …

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Beyond Analogy: Perez V. Sharp, Antimiscegenation Law, And The Fight For Same-Sex Marriage, Robin A. Lenhardt Jan 2008

Beyond Analogy: Perez V. Sharp, Antimiscegenation Law, And The Fight For Same-Sex Marriage, Robin A. Lenhardt

Faculty Scholarship

Conversations about the constitutionality of prohibitions on marriage for same-sex couples invariably reduce to the question of whether a meaningful analogy can be drawn between restrictions on same-sex marriage and antimiscegenation laws. In an effort to refocus this debate, this article considers the California Supreme Court's 1948 decision in Perez v. Sharp and its use by advocates in recent litigation to secure marriage rights for gay and lesbian couples. Opponents of marriage rights for members of the LGBT *840 community frequently assert that dispatching Perez in these cases distorts the meaning of that decision and other similar precedents by drawing …

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Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal Jan 2008

Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal

Faculty Scholarship

There has always been a cyclical relationship between the prevention of piracy and the protection of civil liberties. While civil liberties advocates previously warned about the aggressive nature of copyright protection initiatives, more recently, a number of major players in the music industry have eventually ceded to less direct forms of control over consumer behavior. As more aggressive forms of consumer control, like litigation, have receded, we have also seen a rise in more passive forms of consumer surveillance. Moreover, even as technology has developed more perfect means for filtering and surveillance over online piracy, a number of major players …

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Friendship In Young Adult Heterosexual Romantic Relationships, Billy Kidd Jan 2008

Friendship In Young Adult Heterosexual Romantic Relationships, Billy Kidd

Walden Dissertations and Doctoral Studies

Friendship is one of the pillars that supports satisfying, long-term, romantic relationships and marriage. Yet little is known about how romantic friendship is contextually experienced. This lack of knowledge limits the options of researchers and therapists. The purpose of this phenomenological study was to further substantiate a romantic friendship construct. The research question asked how friendship is experienced in heterosexual romantic relationships. Participants in two West Coast metropolitan areas, ages 18 to 29, were selected by convenience sampling. As per Giorgi's phenomenological method, themes were abstracted from the transcripts of focus group and individual interviews. The themes were then shortened …

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Academic Incentives Impact On Increasing Seventh -Graders Physical Activity During Leisure Time, Jeffrey Scott Brinker Jan 2008

Academic Incentives Impact On Increasing Seventh -Graders Physical Activity During Leisure Time, Jeffrey Scott Brinker

Walden Dissertations and Doctoral Studies

Recent research clearly demonstrates that a decrease of physical activity has occurred among young people. Hence, the purpose of this study was to examine the impact of external motivation on physical activity. Drawn from self-determination theory, the specific research question examined if academic incentives effectively motivated 7th grade students to participate in a 3-week fitness program. A quasi-experimental pre-post design examined treatment and control groups drawn from a sample of 24 students from three physical education classes. The treatment group received academic incentives whereas the control group received no external incentives but were asked to complete the same fitness Program. …

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Can We Get Inside The Aesthetic Sensibility Of The Archaic Past?, Frederic Will Jan 2008

Can We Get Inside The Aesthetic Sensibility Of The Archaic Past?, Frederic Will

Contemporary Aesthetics (Journal Archive)

This essay is about getting inside the sensibility of the archaic past.[1] Can we get into the creative mind of the painter of The Sorcerer? Can we reconstruct the sensibility of prehistoric humans? Can we recover the humor of the prehistoric artist? Can we do it? After all, sense equipment is the same in men and women of all ages, and though each age inflects its sense usages uniquely, there should remain an underlying continuity among sensibilities. Shouldn't we be able to return into earlier forms of those usages? Can we tell whether we have been successful in accomplishing …

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Aesthetic Appreciation, Ethics, And 9/11, Emmanouil Aretoulakis Jan 2008

Aesthetic Appreciation, Ethics, And 9/11, Emmanouil Aretoulakis

Contemporary Aesthetics (Journal Archive)

There have been numerous critical articles on what really happened on the otherwise beautiful morning of 11 September 2001. Beyond doubt, the bulk of the critical responses to the terrorist attacks focused on the ethical and humanitarian, or rather the unethical and inhumane implications of the atrocious act, leaving no room for any philosophical reflection on the potential assessment or reception of the event from the perspective of art and aesthetics. The few years that have gone by since 2001 have provided us with some a sense of emotional detachment from the horror of that day, a detachment that may …

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Danto And Art Criticism, Cynthia Freeland Jan 2008

Danto And Art Criticism, Cynthia Freeland

Contemporary Aesthetics (Journal Archive)

In this article I examine the relationship between Arthur Danto's philosophy of art and his practice of art criticism. Danto has said that he included many actual examples of discussions of art in The Transfiguration of the Commonplace because of the feeling that, previously, philosophers had theorized about art in a vacuum. And since the time of publishing that book, he has written on a wide variety of both historical and contemporary artists and art practices. Danto's philosophy of art commits him to an account of the practice of art criticism as interpretation. However, I question whether the Danto-esque interpretive …

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The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes Jan 2008

The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes

Public Law and Legal Theory Working Papers

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …

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Zooxanthellae, Christine Bown Jan 2008

Zooxanthellae, Christine Bown

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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A Comprehensive Case Report On University Of Montana Forensic Case 66, Christopher John Buckley Jan 2008

A Comprehensive Case Report On University Of Montana Forensic Case 66, Christopher John Buckley

Graduate Student Theses, Dissertations, & Professional Papers

UMFC 66 is an anatomical specimen from the Physical Anthropology Lab at The University of Montana-Missoula. It is a nearly complete skeleton that exhibits no trauma. I examined the literature on suitable approaches to estimating age from the skeleton, because age is difficult to estimate for this case and presents an interesting challenge. I also estimated sex, ancestry, stature, and weight. I concluded that UMFC 66 is an American Indian, perhaps 20 to 28 years of age with a relatively short stature of about 1.56m (5’01”), weighing approximately 115 to 129 pounds. There is severe osteomyelitis throughout the left lower …

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Development Of The Secondary Conditions Among Adolescents With Disabilities (Scaad) Instrument: An Exploratory Study, Marie Middleton Jan 2008

Development Of The Secondary Conditions Among Adolescents With Disabilities (Scaad) Instrument: An Exploratory Study, Marie Middleton

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this study was to develop a measure of secondary conditions, explore the reliability and validity of the measure, and explore the relationship between secondary conditions and participation among adolescents with disabilities. This research collected ratings of limitation due to secondary conditions, and ratings of participation for 24 adolescents with Intellectual/Developmental Disability. Data show that the participants experience an average of 11 secondary conditions during a three-month period as reported by families. The inter-rater agreement between parents and Family Support Specialists was .73 on a point-by-point comparison, and .85 when comparing whether or not limitation was a concern. …

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An Outcomes Assessment Of Two Therapeutic Group Homes Serving Children With Reactive Attachment Disorder In A Rural Community, Brooke Rose Spangler Jan 2008

An Outcomes Assessment Of Two Therapeutic Group Homes Serving Children With Reactive Attachment Disorder In A Rural Community, Brooke Rose Spangler

Graduate Student Theses, Dissertations, & Professional Papers

Archival data collected on 35 4-12-year-old children, each of whom completed treatment for reactive attachment disorder (RAD), was used to evaluate a treatment program in a rural northwestern community. The Child Behavior Checklist (CBCL) (Achenbach, 1991) and Youth Outcomes Questionnaire (Y-OQ) (Burlingame, Wells, & Lambert, 1996) were completed by coding behaviors early in treatment and late in treatment from behavioral records. A correlational design was used, and t-test, repeated measures and fixed factor analyses of variance were conducted. Results showed that there was an overall decrease in the amount of maladaptive behaviors at the conclusion of residential treatment for attachment …

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Adolescent Mothers: The Space Between What They Know And What They Do, Nicole Catherine Mccray Jan 2008

Adolescent Mothers: The Space Between What They Know And What They Do, Nicole Catherine Mccray

Graduate Student Theses, Dissertations, & Professional Papers

Although the current rate of teen pregnancy in the United States is at a historic low (Martin et al., 2007), there are a number of risk factors associated with early parenthood. Adolescent parenthood is often embedded in a larger context of risk such as poverty, single parenthood, low educational attainment, a history of physical and emotional abuse, and engagement in risky behavior (Hans & Wakschlag, 2000). As parents, adolescent mothers tend to be less knowledgeable about child development, less stimulating in interactions with infants, less tolerant, and more punitive with punishment (Brooks-Gunn & Furstenberg, 1986). The children of adolescent mothers …

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Fostering Resilient Characteristics In Individuals With Learning Disabilities, V. Shelly Dugle, Peggy Grigorenko Jan 2008

Fostering Resilient Characteristics In Individuals With Learning Disabilities, V. Shelly Dugle, Peggy Grigorenko

International Christian Community of Teacher Educators Journal

Educational resilience is an important term for teacher candidates in Christian institutions to understand. Resilience can be nurtured and instilled in the lives of individuals with learning disabilities, and teacher candidates can play a vital role in that process. To assist in this course of action, a look at the definition and common characteristics of resilience are discussed. In addition, a closer look at four resilient individuals with learning disabilities is provided. Concrete suggestions on ways to incorporate resilient characteristics into students with learning disabilities are shared.

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