Digital Commons Network^™

"I'M Not Gay, M'Kay?": Should Falsely Calling Someone A Homosexual Be Defamatory?, Haven Ward

Georgia Law Review

This Article argues a statement misidentifying a personas homosexual should be deemed not defamatory as a matter of law. Whether a statement is defamatory changes as social mores and policies evolve, such that a statement deemed defamatory in the past may not be defamatory now. For example, historically, courts deemed statements misidentifying a person as homosexual defamatory per se. As society's opinion of homosexuality began to improve, courts instead required proof of special damages for a plaintiff to maintain a defamation action for such statements. No American court, however, has yet held that such a statement is not defamatory as …

Phase Six Pandemic: A Call To Re-Evaluate Federal Quarantine Authority Before The Next Catastrophic Outbreak, John T. Clarkson

Georgia Law Review

At some point in the future, the United States will confront a deadly pandemic. One potential response to blunt the impact of an outbreak may be the use of a large-scale quarantine. The current statutory framework governing federal quarantine authority, however, is outdated and in need of revision. Any reform must acknowledge that the federal government may be best positioned to respond to national health threats and must simultaneously create limits on federal power to ensure a proper balance of power remains between the states and the federal government. This Note proposes that Congress focus its reform efforts on adding …

"How Can You Represent That Man?": Ethics, The Rule Of Law, And Defending The Indefensible, Ramsey Clark

Georgia Law Review

As we meet to discuss legal ethics, we should consider whether the subject as it is usually presented today adequately encompasses the ideal role of the lawyer, beyond zealous advocacy on behalf of clients. For the most part, legal ethics today, through codes of professional conduct, deals with prohibitions intended to protect the public from misconduct by lawyers, oftentimes criminal. Thou shalt not steal, conceal, lie, bear false witness, suborn perjury, or breach client trust. But is this all? Doesn't ethics promise more than this? Ethics-like morality, which has richer connotations in our culture-properly deals not only with what is …

Prosecutorial Sound Bites: When Do They Cross The Line?, Laurie L. Levenson

Georgia Law Review

Even good prosecutors can cross the line. This is particularly true when it comes to media sound bites in high-profile cases. The Supreme Court held in Gentile v. Nevada State Bar, 501 U.S. 1030 (1991), that while lawyers have the First Amendment right to make comments to the press, they do not have the right to make comments that have a "substantial likelihood of materially prejudicing an adjudicative proceeding." This broad standard gives little guidance to prosecutors as they try to frame their public remarks. A much better guide is found in 28 C.F.R. § 50.2. These federal regulations at …

Should A Statement Of Interest Matter?: Judging Executive Branch Foreign Policy Concerns, Catherine H. Curlet

Georgia Law Review

Since the enactment of the Constitution, scholars have fiercely debated the question of the appropriate balance between the branches of the federal government in matters of foreign affairs. Recently, the Supreme Court set forth some guidelines for striking this balance between the Executive and the Judicial Branches in litigation implicating foreign affairs,yet the guidelines leave much of this debate unresolved. A cross-section of recent appellate court decisions illustrates how lower courts have filled in these gaps when assessing how much deference to give an Executive's Statement of Interest filed in cases concerning foreign affairs. This Note extracts from these cases …

Table Of Contents

Georgia Law Review

No abstract provided.

Limiting Article Iii Standing To "Accidental" Plaintiffs: Lessons From Environmental And Animal Law Cases, Robert J. Pushaw Jr.

Georgia Law Review

According to the Supreme Court, Article III's extension
of "judicialPower" to "Cases" and "Controversies"limits
standing to plaintiffs who can demonstrate an
individualized "injury in fact" that was caused by the
defendant and that is judicially redressable. Article III's
text and history, however, do not mention "injury,"
"causation,"or "redressability."
Furthermore, these standards are malleable and have
been applied to achieve ideological goals, especially in
cases involving environmental and animal-welfare laws.
Most notably, the Court has recognized an "injury in fact"
to one's aesthetic enjoyment of nature, but determining
such an injury is arbitrarybecause "aesthetics"is a matter
of personal taste. Judges have …

Defense Against Outrage And The Perils Of Parasitic Torts, Geoffrey C. Rapp

Georgia Law Review

Two prominent narratives in tort law scholarship
address the increasing recognition of claims for loss of
emotional tranquility and the expanding privilege to use
force in defense of self and others. This Article explores a
puzzle in tort law that challenges these traditional
accounts. Can force be used to defend against intentional
extreme or outrageous conduct threatening a person with
severe emotional distress? The answer in the case law and
articulated doctrine appears to be "no." The law permits
the use of force to protect dignitary interests, in the case of
offensive battery and assault, but seems to deny the …

A Blueprint For Planning And Designing Staged-Authentic Heritage Attractions In Small Island Nations, Earney F. Lasten

Electronic Theses and Dissertations

The purpose of this largely qualitative study was to develop a blueprint for planning and designing a staged-authentic heritage tourist attraction for small island nations. Data were gathered and analyzed in three phases. In Phase I, existing and potential supply, demand, and external variables associated with staged-authentic heritage attractions were identified, and a preliminary planning model and conceptual framework was developed. In Phase II, the model was refined. A blueprint containing seven major questions and 26 sequential steps was developed. In Phase III, the blueprint was tested using focus groups and an online tourist survey in the Caribbean region (Aruba) …

The Twenty-Five Maiden Ladies’ Tomb And Predicaments Of The Feminist Movement In Taiwan, Anru Lee

Publications and Research

No abstract provided.

How Subways And High Speed Railways Have Changed Taiwan: Transportation Technology, Urban Culture, And Social Life, Anru Lee

Publications and Research

No abstract provided.

Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism, Kevin R. Grubbs

Animal Law Review

Much debate has surfaced surrounding so-called “eco-terrorism.” Some commentators argue that such activity is not and should not be called terrorism. This Comment analyzes these extremist activities through the lens of federal terrorism laws and argues that, while these activists’ goals are laudable, their methods are often terroristic. Consequently, those activities that go too far are-and should be-classified as terrorism.

Noneconomic Damage Awards In Veterinary Malpractice: Using The Human Medical Experience As A Model To Predict The Effect Of Noneconomic Damage Awards On The Practice Of Companion Animal Veterinary Medicine, Steve Barghusen

Animal Law Review

Many scholars have argued for and against the recovery of noneconomic damages in cases of veterinary malpractice involving companion animals. However, scholarship has not focused on the results that allowing noneconomic damages may have on the structure of companion animal veterinary practices. This Article uses the human medical field as a predictive model to explore the potential effects of granting noneconomic damages in veterinary malpractice cases. The author argues that awarding damages substantial enough to encourage increased litigation will result in significant changes in the field of veterinary medicine. Allowing for recovery of noneconomic damages will make veterinary care more …

Should They Go The Way Of The Horse And Buggy? How The New York City Horse-Drawn Carriage Industry Has Survived Thirty Years Of Opposition, Katherine Hutchison

Animal Law Review

This Comment reviews the history of the horse-drawn carriage industry in New York City and details legislative efforts to regulate the business. Many cities in the United States feature horse-drawn carriages as a tourist attraction, but they are most associated with New York. The long-standing controversy over the working and living conditions of the horses that pull the cabs has garnered less national attention than other animal welfare issues, despite the fatalities and injuries suffered by the equines on traffic-choked Manhattan streets. Supporters of the industry defend it as an important contributor to the local economy, an iconic symbol of …

On The Lamb: Toward A National Animal Abuser Registry, Stacy A. Nowicki

Animal Law Review

A national animal abuser registry has the potential to provide law enforcement agencies with a much-needed tool for tracking animal abusers, but no such registry exists. This Comment first discusses existing state and federal criminal registries for sex offenders, child abusers, and elder abusers. It determines that existing criminal registries often contain inaccurate entries and that they have little deterrent effect, making their potential infringement on offenders’ Constitutional rights and other collateral consequences difficult to justify.

This Comment then turns to the viability of a national animal abuse registry, discussing the link between the abuse of animals and violence towards …

Government Speech And Online Forums: First Amendment Limitations On Facilitating And Moderating Public Discourse On Government Websites,, David S. Ardia

Faculty Publications

No abstract provided.

Why Defense Attorneys Cannot, But Do, Care About Innocence, Robert P. Mosteller

Faculty Publications

No abstract provided.

Embracing The Affective Family, Clare Huntington

Faculty Scholarship

No abstract provided.

Internet Governance And Democratic Legitimacy, Olivier Sylvain

Faculty Scholarship

Even as the Internet goes pop, federal policymakers continue to surrender their statutory obligation to regulate communications in the first instance to extralegal nongovernmental organizations comprised of technical experts. The Federal Communications Commission’s conclusion that a major broadband service provider's network management practices were unreasonable is a case in point. There, in the absence of any decisive legislative or even regulatory guidance, the FCC turned principally to the engineering principles on which the Internet Engineering Task Force bases transmission standards: to wit, (1) decentralization, (2) interoperability, and (3) user empowerment. This impulse to defer as a matter of course to …

Stealth Marketing And Antibranding: The Love That Dare Not Speak Its Name , Sonia K. Katyal

Faculty Scholarship

A difficult set of legal issues stem from the crossover between stealth marketing and user generated content in both real and digital space. Today, branding opportunities can be cloaked within ordinary noncommercial expression, as corporate sponsorship extends further and further toward resembling user generated content, making it difficult to discern when content is sponsored and when it is not. Since many forms of stealth marketing often takes place within the nontraditional channels that antibranding occupies (public space, websites, and other forms of media and content), it becomes more difficult then for the consumer to distinguish between the brand and the …

Penetrating The Silence In Sierra Leone: A Blueprint For The Eradication Of Female Genital Mutilation, Chi Adanna Mgbako, Meghna Saxena, Anna Cave, Nasim Farjad, Helen Shin

Faculty Scholarship

The African grassroots movement to eradicate female genital mutilation (also known as “female genital cutting” and “female circumcision,” hereinafter “FGM”) is widespread. While many African countries and grassroots organizations have made great strides in their efforts to eliminate FGM, Sierra Leone lags behind. In Sierra Leone, FGM is practiced within the bondo secret society, an ancient, all-female commune located in West Africa and also known as the sande. The bondo society’s traditional role was to direct girls’ rites of passage into adulthood. In order to become a member of the bondo, a girl or woman must undergo various rituals, the …

Deontology, Political Morality, And The State Symposium: Political Theory And Criminal Punishment, Youngjae Lee

Faculty Scholarship

Sometimes the government makes a policy choice, and, as a result, innocent persons die. How should we morally assess such deaths? For instance, is the government’s choice of the reasonable doubt standard or its decision to restrict the death penalty to certain narrow categories responsible for deaths of innocents? If so, does the deontological norm against harming people dictate that the government loosen the evidentiary standard for conviction or widen the availability of capital punishment? This Article argues that the traditional distinctions between intending and foreseeing harm and between causing harm and allowing harm to occur are insufficient to absolve …

Examining The Perceptions Of School Violence Through The Views Of Middle School Students, Parents, Teachers And Community Members, Teresa Bellflower

Walden Dissertations and Doctoral Studies

The purpose of this study was to determine how middle school students, parents, teachers, and community members perceived acts of violence. It focused indirectly on how a small community was impacted following a hostage situation. The theoretical framework for this study draws from the theories of violence as described by Aisenberg and Ell, Canady, Gottfredson and Hirschi, and Miller. In this qualitative study the research questions focused on perceptions of school violence acts and potential influences' on the participants in this study. The participants consisted of 6 middle school students, 4 middle school parents, 4 school officials, and 4 community …

Empowering Adolescents: A Multiple Case Study Of U.S. Montessori High Schools, Wendy J. Larue

Walden Dissertations and Doctoral Studies

The standards-based, teach-and-test methods that have come to proliferate secondary education since the inception of the No Child Left Behind Act (NCLB) fail to adequately prepare students for higher education and employment. This system lacks opportunities for developing 21st century skills such as higher-level thinking, problem solving, and group dynamics, as well as opportunities for fostering spiritual growth and personal development. This problem impacts graduates of U.S. high schools because they are unprepared for higher education and the 21st century workplace. Using qualitative multiple case study methodology, this study examined five U.S. Montessori high schools through the lens of cultural-historical …

Assimilative Domain Proficiency And Performance In Chemistry Coursework, Scott William Byrnes

Walden Dissertations and Doctoral Studies

The assimilation and synthesis of knowledge is essential for students to be successful in chemistry, yet not all students synthesize knowledge as intended. The study used the Learning Preference Checklist to classify students into one of three learning modalities -- visual, auditory, or kinesthetic (VAK). It also used the Kolb Learning Style Inventory (KLSI), which utilizes four learning domains - Converging, Accommodating, Diverging, and Assimilating - to explain the students' maturation process by showing shift from any domain towards the Assimilating domain. A shift approaching this domain was considered as improvement in the assimilation and synthesis of knowledge. This pre-experimental …

The Impact Of Stakeholder Collaboration On Effectiveness Of Health Program Implementation In Ghana, Samuel Kwami Agbanu

Walden Dissertations and Doctoral Studies

Healthcare providers increasingly recognize the importance of collaboration among stakeholders in cost-effective healthcare delivery. While collaborative relationships offer great advantages, little research has addressed their relevance in an international development aid context, particularly in sub-Saharan Africa. The region is a major recipient of international development support, yet health indicators on HIV/AIDS, malaria, tuberculosis, and child and maternal mortality indicate the health of the region is among the weakest worldwide. This sequential mixed method, descriptive study of a USAID-funded community health program in Ghana examined the nature of collaboration among six stakeholders and impact of this collaboration on effectiveness of program …

The Impact Of Symptom Severity On Parent-Child Interaction And Relationships Among Children With Autism, Nicole M. Beurkens

Walden Dissertations and Doctoral Studies

Recent estimates indicate that 1 in 100 children in the United States is diagnosed on the autism spectrum. Although research has demonstrated the bidirectional nature of parentchild relations, the effect of child autism symptom severity on parent-child interaction and overall relationships has not yet been explored. This study examined the impact of child symptom severity in children ages 4-15 years, as measured by the Autism Diagnostic Observation Schedule (ADOS), on parent-child interaction, as measured by the Dyadic Coding Scale (DCS), and parent-child relationships, as measured by the Parent Child Relationship Inventory (PCRI). The bidirectional model of socialization informs the study, …

Project Study: An Action Plan For Implementing Response To Intervention, Leah W. Hamilton

Walden Dissertations and Doctoral Studies

The Individuals with Disabilities Education Improvement Act of 2004 allows schools to utilize response to intervention (RtI) as early intervention to prevent at-risk students from becoming labeled as learning disabled. Using action research methodology and school change theory, the purpose of this project study was to determine the RtI implementation needs of a rural elementary school (LE). The guiding research question was to identify the components of an RtI framework currently being utilized during the pre-referral process at LE. This study employed a qualitative method triangulation design to analyze data from key stakeholders including questionnaires; individual interviews from six reading …

Interpretations: Deep, Reasonable, And Free, Paul Guyer

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Developing Trust And Managing Differences In Perception: Building Relationships Between The Missoula Police Department And Local News Media, Melissa Jensen

Graduate Student Theses, Dissertations, & Professional Papers

Finding the right balance in the relationships that develop between law enforcement officers and members of the media can be difficult for both sides. Police officers who work with the media are trying to navigate through the process of informing the public of crime activity, while protecting those involved in the cases being reported on by the media. Reporters on the other hand are trying to navigate their way through the sometimes unclear process of gathering criminal justice information to report crime stories to the public, while learning the proper procedures for working with law enforcement.