Digital Commons Network^™

Ringling Brothers On Trial: Circus Elephants And The Endangered Species Act, Mark Eichelman

Animal Law Review

In February 2009, the case of American Society for the Prevention of Cruelty to Animals, et al. v. Feld Entertainment, Inc. was heard in the United States District Court for the District of Columbia. The plaintiffs, four animal rights organizations and one former elephant handler for Ringling Brothers and Barnum & Bailey Circus, brought a citizen suit against Feld Entertainment, Inc. (FEI), owner of Ringling Brothers, alleging that the Circus’ use of bullhooks and leg tethers on its endangered Asian elephants constituted illegal “takings” under the Endangered Species Act (ESA). FEI argued that the plaintiffs did not have standing to …

Son Of Sam And Dog Of Sam: Regulating Depictions Of Animal Cruelty Through The Use Of Criminal Anti-Profit Statutes, Emma Ricaurte

Animal Law Review

In 1991, Congress enacted 18 U.S.C. § 48, which prohibits the interstate sale and distribution of depictions of animal cruelty, in response to the proliferation of animal “crush videos” on the Internet. In 2008, the Third Circuit, in United States v. Stevens, a case involving dog fighting, held that the law was an unconstitutional restriction on free speech. In April of 2009, the Supreme Court of the United States granted certiorari. Discussions about the regulation of depictions of animal cruelty have largely focused on whether the child pornography or obscenity exceptions to the First Amendment should be extended to include …

Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck

Faculty Publications

No abstract provided.

The International Court Of Justice And The Concept Of State Practice, A. Mark Weisburd

Faculty Publications

No abstract provided.

At The End Of The Clinical Trial: Does Access To Investigational Technology End As Well?, Richard S. Saver

Faculty Publications

No abstract provided.

Escheat: Is The State The Last Heir?, John V. Orth

Faculty Publications

No abstract provided.

Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson

Faculty Scholarship

In housing and community development theory, scholars have long debated tensions between place-based policies and those that focus on fostering mobility. In practice, this is a false dichotomy and this essay explores ways in which place-based policies change the calculus of mobility, while mobility policies deeply shape both the communities people seek and those they leave behind.

Emotional State And Localized Norms: A Reply, Clare Huntington

Faculty Scholarship

This piece is a response to Emory Law professor Martha Albertson Fineman's comments on Professor Huntington's Article "Familial Norms and Morality, 59 Emory L.J 1103 (2010).

The Warp And Woof Of Statutory Interpretation: Comparing Supreme Court Approaches In Tax Law And Workplace Law, James J. Brudney, Corey Distlear

Faculty Scholarship

Debates about statutory interpretation-and especially about the role of the canons of construction and legislative history-are generally framed in one-size-fits-all terms. Yet federal judges including most Supreme Court Justices-have not approached statutory interpretation from a methodologically uniform perspective. This Article presents the first in-depth examination of interpretive approaches taken in two distinct subject areas over an extended period of time. Professors Brudney and Ditslear compare how the Supreme Court has relied on legislative history and the canons of construction when construing tax statutes and workplace statutes from 1969 to 2008. The authors conclude that the Justices tend to rely on …

Muscular Procedure: Conditional Deference In The Executive Detention Cases, Joseph Landau

Faculty Scholarship

Although much of the prevailing scholarship surrounding the 9/11 decisions tends to downgrade procedural decisions of law as weak and inadequate, procedural rulings have affected the law of national security in remarkable ways. The Supreme Court and lower courts have used procedural devices to require, as a condition of deference, that the coordinate branches respect transsubstantive procedural values like transparency and deliberation. This is “muscular procedure,” the judicial invocation of a procedural rule to ensure the integrity of coordinate branch decision-making processes. Through muscular procedure, courts have accelerated the resolution of large numbers of highly charged cases. Moreover, they have …

Dissident Citizen, The Symposium: Sexuality & Gender Law: Assessing The Field, Envisioning The Future, Sonia K. Katyal

Faculty Scholarship

We have arrived at a crossroads in terms of the intersection between law, sexuality, and globalization. Historically, and even today, the majority of accounts of GLBT migration tend to remain focused on “a narrative of movement from repression to freedom, or a heroic journey undertaken in search of liberation.” Within this narrative, the United States is usually cast as a land of opportunity and liberation, a place that represents freedom from discrimination and economic opportunity. But this narrative also elides the complexity that erupts from grappling with the reality that many other jurisdictions outside of the United States can be …

Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent

Faculty Scholarship

This Article uncovers the forgotten complex of relationships between the U.S. Constitution, citizenship and the laws of war. The Supreme Court today believes that both noncitizens and citizens who are military enemies in a congressionally-authorized war are entitled to judicially-enforceable rights under the Constitution. The older view was that the U.S. government’s military actions against noncitizen enemies were not limited by the Constitution, but only by the international laws of war. On the other hand, in the antebellum period, the prevailing view was U.S. citizenship should carry with it protection from ever being treated as a military enemy under the …

Dark Side Of Shareholder Influence: Managerial Autonomy And Stakeholder Orientation In Comparative Corporate Governance , Martin Gelter

Faculty Scholarship

This article proposes a new, functional explanation of the different roles of non-shareholder groups (particularly labor) in different corporate governance systems. The argument depends on the analysis of a factor that has so far received relatively little attention in corporate governance research: the level of shareholder influence on managerial decision making. Pro-employee laws mitigate holdup problems- opportunism from which shareholders benefit ex post, but which will deter firm-specific investment in human capital ex ante. Since holdup takes place within what is considered legitimate managerial business judgment and all shareholders (both majority and minority) are its financial beneficiaries, the degree of …

Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn From Their Lawyers' Mistakes Symposium: New Perspectives On Brady And Other Disclosure Obligations: What Really Works, Bruce A. Green

Faculty Scholarship

Prosecutors, criminal defense lawyers, judges, and legal academics from around the country recently met at the Benjamin N. Cardozo School of Law in New York to discuss prosecutors' compliance with their disclosure obligations. The overarching question was how prosecutors' offices could do a better job. To assist representatives of the legal profession in approaching this question from new directions, the Symposium organizers invited speakers from outside the legal profession to talk about the causes of error and methods used to reduce error in other contexts. One of the themes was that, outside the practice of law, individuals and institutions learn …

Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy , Kimani Paul-Emile

Faculty Scholarship

This article advances a new theory of drug regulation that addresses two previously unexamined questions: how law-makers are able to regulate drugs differently irrespective of the dangers the drugs may pose and independent of their health effects, and the process followed to achieve this phenomenon. For example, although tobacco products are the leading cause of preventable death in the U.S. they can be bought and sold legally by adults, while marijuana, a substantially safer drug, is subject to the highest level of drug control. This article posits a conceptual model for making sense of this dissonance and applies this model …

Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout

Faculty Scholarship

This Essay explores a fascinating new truth: because of the Internet, governments, corporations, and citizens of other countries can now meaningfully participate in United States elections. They can phone bank, editorialize, and organize in ways that impact a candidate's image, the narrative structure of a campaign, and the mobilization of base support. Foreign governments can bankroll newspapers that will be read by millions of voters. Foreign companies can enlist employees in massive cross-continental email campaigns. Foreign activists can set up offline meetings and organize door-to-door campaigns in central Ohio. They can, in short, influence who wins and who loses. Depending …

This Right Is Not Allowed By Governments That Are Afraid Of The People: The Public Meaning Of The Second Amendment When The Fourteenth Amendment Was Ratified , Clayton E. Cramer, Nicholas J. Johnson, George A. Moscary

Faculty Scholarship

The lingering question following the U.S. Supreme Court's decision in District of Columbia v. Heller is whether the Court will employ the Fourteenth Amendment to incorporate the newly confirmed right to keep and bear arms as a limitation on states. The answer will hinge substantially on the Court's assessment of the intent and purpose of the Fourteenth Amendment with regard to the right to keep and bear arms. Discerning such intent requires detailed evaluation of the context within which the amendment emerged and the understanding of the right to keep and bear arms at the time. This Essay pursues in …

Exploring The Factors That Influence Attitudes And Achievement When Students Take Computerized Tests, Jessie E. Kilgore Jr.

Walden Dissertations and Doctoral Studies

Currently, a problem exists in K-12 education related to the use of technology for the assessment of student learning. Specifically, due to the lack of access to and infrequent use of computers for middle school students, the rise in the use of high stakes computer-based tests may negatively impact student test scores in poor, urban schools. The conceptual framework of this study was informed by Albert Bandura's theory of self-efficacy, the work of The National Center for Fair and Open Testing regarding ending the misuses and flaws of standardized testing, and James Popham's research on quality assessment. The central research …

Personal And Professional Spirituality: Muslim Social Workers' Perspectives, Cheryl W. El-Amin

Walden Dissertations and Doctoral Studies

Research in the area of religion and spirituality in social work practice is lacking minority practitioner representation. This phenomenological study explored the questions of how American Muslim social workers define and experience the religious/spiritual, and perceive the propriety of integrating either, in practice. Ibn Khaldun and Durkheim, early social theorists, suggested that group feeling and affiliation impact personal and professional perception and decision making. American societal views of Muslims are often negative and uninformed. A group of 15 Muslim practitioners with bachelor's or more advanced degrees in social work were recruited through a survey administered via an Internet survey site. …

The Relationship Between Religious And Spiritual Factors And The Perpetration Of Intimate Personal Violence, Robbin G. Todhunter

Walden Dissertations and Doctoral Studies

Intimate partner violence (IPV) is a multifaceted social issue that affects the Christian faith community as it does the secular community. Though the literature reflects some understanding of general correlates and possible antecedents to IPV within the Christian community, the impact of religious and spiritual factors tends to be homogenized and is often misjudged. Allport's theory of intrinsic and extrinsic religious orientation provided a platform for investigating Christian male-perpetrated IPV. This quantitative study utilized survey design and measured the impact of 10 select religious and spiritual factors on the probability of physical or sexual IPV perpetration. Archival data from Wave …

The Writer-Of-Violence-As-School-Shooter Stereotype: How Columbine, Virginia Tech, And Public Fear Make Writing Violence Dangerous For Students, Matt Foy

Dissertations and Theses @ UNI

In a period when students, parents, teachers and administrators are bombarded with images related to school shooting attacks, efforts to prevent such attacks in the future and to identify students who pose a threat to school safety have intensified. These efforts to fight the seemingly mounting wave of school violence have contributed to the rise of stereotypes of what a school shooter looks, talks, and acts like. This study examines one of these stereotypes: the writer-of-violence-as-school-shooter stereotype. This stereotype, which gained attention after 1990s rampages such as those at Heath High School (Kentucky) and Columbine High School and became highly …

Health Issues And Aging In American Indian Older Adults: Resilience Through Adversity, Ennis F. Vaile

Graduate Student Theses, Dissertations, & Professional Papers

The average life expectancy of American Indian (AI) older adults has paralleled mainstream aging trends and is set to continue growing as global increases in longevity continue to improve (Jervis, Boland, & Fickenscher, 2010). However, the disproportionately high levels of chronic health conditions (e.g., diabetes, hypertension, cerebrovascular diseases) observed in this group may outstrip the coping resources of some individuals, potentially leading to unsuccessful aging outcomes such as adverse mental health outcomes (specifically depression). As described in Goins and Pilkerton (2010, p. 346), comparatively higher rates of chronic health conditions have created an “expansion of morbidity,” where American Indians are …

Moral Skepticism And Moral Disagreement In Nietzsche, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

The Design Of A Carbon Tax, Gilbert E. Metcalf, David A. Weisbach

Public Law and Legal Theory Working Papers

We consider the design of a tax on greenhouse gas emissions for a developed country such as the United States. We consider three sets of issues: the optimal tax base, issues relating to the rate (including the use of the revenues and rate changes over time) and trade. We show that a well-designed carbon tax can capture about 80% of U.S. emissions by taxing fewer than 3,000 taxpayers and up to almost 90% with a modest additional cost. We recommend full or partial delegation of rate setting authority to an agency to ensure that rates reflect new information about the …

2009 Report Of A Comprehensive Evaluation Visit To Unm, Assurance Section, Higher Learning Commission Document

UNM HLC 2018-19 Assurance Argument Evidence

The HLC report following the 2009 accreditation process. This details, among other things, findings related to problems of consistent leadership in the university.

Uappm Policy 3280: Background Checks, University Administrative Policies And Procedures Manual

UNM HLC 2018-19 Assurance Argument Evidence

The university's policy on background checks as it appears in the UAPPM.

Measuring Marital Satisfaction: A Comparison Of The Revised Dyadic Adjustment Scale And The Satisfaction With Married Life Scale, Peter J. Ward, Neil R. Lundberg, Ramon Zabriskie, Kristen Berrett

Faculty Publications

Marital satisfaction has been psychometrically measured using many different instruments not soundly based on theory. The Revised Dyadic Adjustment Scale (RDAS), consisting of 14 items, is commonly accepted by researchers and practitioners tomeasure marital satisfaction but was not specifically designed to measuremarital satisfaction. The Satisfaction with Married Life Scale (SWML), consisting of five items, is a short scale specifically targeted toward measuring marital satisfaction. An online sample collected from 1,187 couples throughout the United States was used to compare these instruments’ correlation (r¼.782), factor structures, reliability (SWML, a¼.958; RDAS, a¼.943), theoretical foundation, and validity. These instruments are on parity with …

The Politics Of The Real: Jazz, Hip Hop, And Satire - Conceptions Of Consciousness In The Twentieth Century African American Novel, Peter Thomas Clavin

Graduate Student Theses, Dissertations, & Professional Papers

In the African American experience of the twentieth century, cultural modes of expression became the primary outlet for a politics of resistance, a politics of fulfillment, and a politics of transfiguration within the context of a modem Western nation-state that marginalized and discriminated against the African American subject through ideology and cultural hegemony. This collective African American experience is one based on a reality of life-threatening racial violence that has plagued African Americans from the earliest days of the New Republic.

Landscape And The Feminine Voice: Reclaiming Identity In The Works Of Maryse Conde, Simone Schwarz-Bart And Andre Schwarz Bart, Kathleen Marie Ruth

Graduate Student Theses, Dissertations, & Professional Papers

This thesis examines Caribbean literature and its value in establishing identity for Caribbean peoples. The discourse of Caribbean literature as a tool for re-establishing or reclaiming identity is examined, as well as the domination of the male voice throughout Caribbean literature and theory. Through examination of the intimate connection between the feminine and the landscape of the Caribbean, the presence and significance of the female voice is established in the works of Andre Schwarz-Bart, Simone Schwarz-Bart, and Maryse Conde. The recognition of particularity of women’s struggles and the consequent contribution of female authors to Caribbean literature replenish a historiography which …

Characterization Of Chlamydia Trachomatis Virulence Factors: Plasticity Zone Macpdf Domain Family Protein Ct153 And Polymorphic Membrane Protein D, Lacey Diane Taylor

Graduate Student Theses, Dissertations, & Professional Papers

C. trachomatis is an obligate intracellular pathogen that is a leading cause of sexually transmitted diseases and blinding trachoma worldwide. Genes encoded in the plasticity zone (PZ) and the polymorphic membrane proteins (Pmps) represent major virulence determinants for chlamydiae. Elucidating their roles will be essential for the development of a vaccine to control human chlamydial diseases.

The PZ MACPF domain protein CT153 is expressed as a 91 kDa polypeptide in elementary bodies of all human serovariants suggesting a common function. CT153 is processed during infection into an N-terminal p42 and a C-terminal p59 that contains the MACPF domain. Similar processing …