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2011 Legislative And Administrative Review, Patrick Graves, Keith Mosman, Shayna Rogers

Animal Law Review

It is my pleasure to introduce Animal Law’s fourteenth annual Legislative and Administrative Review. The 2011 Legislative and Administrative Review analyzes some of the year’s most groundbreaking developments in animal-related state and federal legislation, such as federal regulations of genetically engineered fish and attempts by state legislatures to overturn animal-related citizen initiatives.

Additionally, for the first time in Animal Law’s history, this year’s Review also includes an analysis of some of the most important animal-related administrative law developments of the year. Because many decisions impacting animals occur in the administrative arena, it is our hope that the administrative section complements …

Empathy With Animals: A Litmus Test For Legal Personhood?, Dillard Carter

Animal Law Review

This is one of the fundamental questions that frame the study of animal law: To what extent should nonhuman animals be considered legal persons? Of course, this question presupposes that we share or can arrive at a common and stable conception of legal personhood. In fact, there are a variety of conceptions of legal personhood. This Introduction will explore one in particular and, in the process, question the extent to which simply being born Homo sapiens satisfies the potentially complex and demanding requirements of being a legal person. This argument will lead us to reframe animal law a bit and …

Coalitions In The Jungle: Advancing Animal Welfare Through Challenges To Concentration In The Meat Industry, Lis Kamila

Animal Law Review

The meat processing conglomerates that currently control the majority of the market share in the meatpacking industry are responsible for its most systemic animal abuses. Increased concentration has enabled these larger processors to dictate animal treatment standards maintained by meat producers, most of whom have caved to economic pressure and moved their animals from small farms into Concentrated Animal Feeding Operations. Animal welfare proponents have failed to adequately challenge the concentration of the meat industry and in 2012 have yet to fully explore strategies made available by the Packers & Stockyards Act of 1921 (PSA). This Article proposes that a …

The Universal Declaration Of Animal Rights Or The Creation Of A New Equilibrium Between Species, Jean-Marc Neumann

Animal Law Review

This Essay is a translation of the author’s original French text. It examines the Universal Declaration of Animal Rights of 1978, which lays out fundamental rights for animals in fourteen articles. This Essay explores the origins of and influences behind the original Declaration, as well as details the changes which were brought to it in a revised version in 1989. It then examines the scope of the Declaration and why it has not had the far-reaching implications its authors once hoped for. Finally, this Essay questions what the Declaration means for the future of animal rights and whether the document …

Shark Laws With Teeth: How Deep Can U.S. Conservation Laws Cut Into Global Trade Regulations, Kaitlin M. Wojnar

Animal Law Review

Controversy surrounding application of the Shark & Fishery Conservation Act of 2010 (Shark Conservation Act) reflects a culmination of competing interests between environmental conservation and international free trade. Non-governmental organizations are pressuring the United States (U.S.) government to use the Shark Conservation Act to impose trade sanctions against countries that do not have specific regulations on shark finning. The implementation of such import bans, however, could negatively impact the nation’s relationships with some of its principal trade partners and violate international obligations under multilateral trade treaties. This Note proposes that the U.S. cannot impose such an embargo on shark products …

No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker

Animal Law Review

As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders’ sentences only if they injure human victims. This Note considers the development of anti-cruelty laws and explores how sentencing guidelines, victim injury points, and other sentence enhancement mechanisms function in U.S. criminal justice systems. It examines how multiple states treat victim injury, focusing particularly on Florida where, in October 2011, a Florida Assistant State Attorney—in what was likely the …

Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge Roig

Scholarly Works

Computer source code is the lifeblood of the Internet. It is also the brick and mortar of cyberspace. As such, it has been argued that the degree of control that a government can wield over code can be a powerful tool for controlling new technologies. With the advent and proliferation in the Internet of social networking media and platforms for the publication and sharing of user-generated content, the ability of individuals across the world to communicate with each other has reached truly revolutionary dimensions. The influence of Facebook in the popular revolutions of the Arab Spring has been well documented. …

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

Scholarly Works

This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …

The Effect Of Religion-Supported Programs On Health Related Behaviors In Adolescence, Amy Adamczyk, Jacob Felson

Publications and Research

Much research has found a relationship between religion and teens’ health related behaviors. The majority of this research focuses on personal religious beliefs and behaviors. But, many religious organizations also sponsor nonreligious activities. There is reason to think that nonreligious programs sponsored by religious organizations will be more likely than school and community-based extracurricular programs to be associated with healthier behaviors, even for youth who are not personally religious. The current study compares the influence of involvement in nonreligious activities that are supported by religious and other organizations for teen health outcomes. Using two waves of longitudinal data from the …

Understanding Delinquency With Friendship Group Religious Context, Amy Adamczyk

Publications and Research

While much research has examined the link between personal religious beliefs and practices and delinquency, little research attention has been given to the influence of friends’ religious beliefs for explaining teen delinquency. This study fills this gap in the literature by examining the role of individual and friends’ religious beliefs and born-again identity for shaping delinquency. Methods. Two waves of data from the National Longitudinal Study of Adolescent Health and measures taken from individuals and their friends are used to examine the influence of individual and friends’ religiosity and born-again identity for violent and property offending. Results. Friends’ private religiosity …

Extracurricular Activities And Teens' Alcohol Use: The Role Of Religious And Secular Sponsorship, Amy Adamczyk

Publications and Research

Much research has found that more religious youth are less likely to engage in riskier health-related behaviors. However, very little research has examined the role that religion may play in shaping the health-related behaviors of secular youth. There is reason to think that more and less religious youth may gain some health-related benefits from involvement with religious organizations through activities such as basketball and volunteering. Using two waves of data from the National Study of Youth and Religion, this study finds that involvement in religion-supported secular activities is associated with less alcohol use for all involved teens. The number of …

Religion And Sexual Behaviors: Understanding The Influence Of Islamic Cultures And Religious Affiliation For Explaining Sex Outside Of Marriage, Amy Adamczyk, Brittany E. Hayes

Publications and Research

Social scientists have long been interested in how cultural and structural characteristics shape individuals’ actions. We investigate this relationship by examining how macro- and micro-level religious effects shape individuals’ reports of premarital and extramarital sex. We look at how identifying with one of the major world religions—Islam, Hinduism, Christianity, Buddhism, or Judaism—and living in a nation with a Muslim culture shape the likelihood of sex outside of marriage. Using hierarchical modeling techniques and cross-national data from the Demographic and Health Surveys, we find that ever married Hindus and Muslims are less likely to report having had premarital sex than are …

Sunshine And Victory, J. C. Mcpheeters

Heritage Material

No abstract provided.

Cgi-58/Abhd5-Derived Signaling Lipids Regulate Systemic Inflammation And Insulin Action, Caleb C. Lord, Jenna L. Betters, Pavlina T. Ivanova, Stephen B. Milne, David S. Myers, Jennifer Madenspacher, Gwynneth Thomas, Soonkyu Chung, Mingxia Liu, Matthew A. Davis, Richard G. Lee, Rosanne M. Crooke, Mark J. Graham, John S. Parks, Dawn L. Brasaemle, Michael B. Fessler, H. Alex Brown, J. Mark Brown

Department of Nutrition and Health Sciences: Faculty Publications

Mutations of comparative gene identification 58 (CGI-58) in humans cause Chanarin-Dorfman syndrome, a rare autosomal recessive disease in which excess triacylglycerol (TAG) accumulates in multiple tissues. CGI-58 recently has been ascribed two distinct biochemical activities, including coactivation of adipose triglyceride lipase and acylation of lysophosphatidic acid (LPA). It is noteworthy that both the substrate (LPA) and the product (phosphatidic acid) of the LPA acyltransferase reaction are wellknown signaling lipids. Therefore, we hypothesized that CGI-58 is involved in generating lipid mediators that regulate TAG metabolism and insulin sensitivity. Here, we show that CGI-58 is required for the generation of signaling lipids …

Artification In Natural History Museums, Kaisa Mäki-Petäjä

Contemporary Aesthetics (Journal Archive)

Natural history exhibitions have changed considerably over recent decades concurring with a rise of a general movement of aestheticization in the Western culture. This usually results from an attempt to make the exhibitions more appealing to provide the public numerous ways of enjoying themselves, but they are also used to communicate information, especially of an ethical and affective kind. In this paper I will consider the effects of a particular kind of aestheticization, namely artification, of these kinds of exhibitions. Artification, i.e, the process of regarding non-art objects as art, appears to be in conflict with the science-based purposes of …

Successful Aging: A Psychosocial Resources Model For Very Old Adults, G. Kevin Randall, Peter Martin, Mary Ann Johnson, Leonard W. Poon

Department of Nutrition and Health Sciences: Faculty Publications

Objectives.Using data from the first two phases of the Georgia Centenarian Study, we proposed a latent factor structure for the Duke OARS domains: Economic Resources, Mental Health, Activities of Daily Living, Physical Health, and Social Resources. Methods. Exploratory and confirmatory factor analyses were conducted on two waves of the Georgia Centenarian Study to test a latent variable measurement model of the five resources; nested model testing was employed to assess the final measurement model for equivalency of factor structure over time. Results. The specified measurement model fit the data well at Time 1. However, at Time 2, …

Fatherhood By Conscription: Nonconsensual Insemination And The Duty Of Child Support, Michael J. Higdon

Georgia Law Review

Much of the law relating to child support is based on the
fact that it is typically in a child's best interest to receive
financial support from mothers as well as fathers. In fact,
child support is essentially a form of strict liability with
the justification being that the child is an innocent party,
and thus, even those men who never consented to the
sexual act that caused the pregnancy are nonetheless

liable for the support of the resulting child. These men
include males who become fathers as a result of statutory
rape and also adult males who became fathers …

Endorsement Clauses In A Post-White Legal System: Why These Restrictions Do Not Violate A Judicial Candidate's First Amendment Right To Free Speech, Shawna M. Portner

Georgia Law Review

Elections have remained an integral method of state
judicial appointments for over two centuries. However,
because the Founding Fathers imposed upon judges the
duty to neutrally uphold the U.S. and state constitutions,
state legislatures, per the recommendation of the ABA,
have imposed certain restrictions on the speech and
actions of judicial candidates to maintain impartiality. In
2002, the Supreme Court struck down one category of
these provisions in Republican Party of Minnesota v.
White. The Court declared Minnesota's announce clause,
which prohibited judicial candidates from voicing their
opinions on issues likely to come before the bench, to be an
unconstitutional …

The Gangs Of Asylum, Linda K. Hill

Georgia Law Review

Should immigrants fleeing gang violence be entitled to
refuge in the United States? Today, the response of most
U.S. courts is "no." The principal means by which an
individual fleeing his home country seeks safety in the
United States is by qualifying for asylum or withholding
of removal. Notwithstanding some critical distinctions
between asylum and withholding of removal, each
protection requires a claimant to demonstrate his fear of

persecution is on account of race, religion, nationality,
membership in a particular social group or political
opinion. Yet rather than evaluating gang-based claims
upon existing refugee standards, the courts are
manipulating the …

Chain-Link Confidentiality, Woodrow Hartzog

Georgia Law Review

Disclosing personal information online often feels like
losing control over one's data forever; but it does not have
to be that way. This Essay proposes a "chain-link
confidentiality" approach to protecting online privacy.
One of the most difficult challenges to guarding privacy in
the digital age is the protection of information once it is
exposed to other people. A chain-link confidentiality
regime would link the disclosure of personal information
to obligations to protect that information as the
information moves downstream. It would focus on the
relationships not only between the discloser of information
and the initial recipient but also between …

Gina, Privacy, And Antisubordination, Bradley A. Areheart

Georgia Law Review

This Essay briefly considers both the current and
optimal role of privacy in employment discrimination
jurisprudence. The recently-passed Genetic Information
Nondiscrimination Act (GINA) is illustrative of a possible
trend in employment discrimination toward privacy. In
particular, GINA includes a prohibition on the use of
genetic information in all employment decisions, affording
a measure of genetic privacy to potential and current
employees.
GINA stands in contrast to prior employment
discrimination statutes, which have often encouraged or
required employers to be knowledgeable of and consider a
particular identity trait through policies such as
reasonable accommodation, affirmative action, and the
disparate impact doctrine. …

Civil Recourse, Damages-As-Redress, And Constitutional Torts, Michael L. Wells

Georgia Law Review

Modern tort theory is dominated by the principle of loss
allocation, which uses liability and damages as
instruments for assigning losses to deter unwanted
behavior and to compensate the plaintiff. Under loss
allocation, the central principle of damages is to make the
plaintiff whole through 'full" compensation. Recently, as
an alternative to loss allocation,Professors John Goldberg
and Benjamin Zipursky have advanced a civil recourse
theory of damages. In contrast to loss allocation, civil
recourse focuses tort law on empowering plaintiffs to seek
redress by evaluating damages through the lens of 'fair"
compensation. Goldberg and Zipursky's work is especially
timely because, …

Location, Location, Location: A "Private" Place And Other Ailments Of Georgia Surveillance Law Curable Through Alignment With The Federal System, Mary B. Martinez

Georgia Law Review

Georgia visual surveillance law prohibits any person
from observing, photographing, or recording any other
person in a private place and out of public view without
the consent of all persons observed. The rigidity of this
all-party consent requirement and the ambiguity of the
private/public place distinction leave investigators and
prosecutors in Georgia guessing as to the admissibility of
visually recorded evidence much of the time. On the other
hand, federal visual surveillance law encompasses a one-
party consent exception and is couched in terms of a
reasonable expectation of privacy under the Fourth

Amendment. Moreover, several federal courts have stated …

Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis

Georgia Law Review

This Article analyzes the fundamental change to federal
civil rights law that Congress accomplished through the
ADA Amendments Act of 2008 (the ADAAA). Congress
enacted the ADAAA in response to a series of United States
Supreme Court opinions that had narrowly interpreted the
definition of disability in the Americans with Disabilities
Act of 1990. Although many commentators have
recognized the ADAAA's intent to restore the class of
individuals with disabilities to the breadth that Congress
originally intended, this Article argues that the ADAAA
accomplished something more significant: it extricated
disability from the broader concept of impairment. As a
result, the …

The First Amendment, Public School Students, And The Need For Clear Limits On School Officials' Authority Over Off-Campus Student Speech, Rory A. Weeks

Georgia Law Review

When, if ever, can school officials punish a student's off-
campus speech? The Supreme Court's student-speech
jurisprudence does not provide a clear answer. But this
much is clear: School officials do not possess absolute
authority over students' on-campus speech. Public school
students do not shed their First Amendment rights at the
schoolhouse gate. And yet during school or school-related
activities, public school students do not have coequal First
Amendment rights with adults in other contexts. During
school or school-related activities, school officials may
proscribe otherwise-permitted speech in order to fulfill the
school's basic educational mission, which includes
instructingstudents in civility. …

On The Need For Public Boarding Schools, Bret D. Asbury, Kevin Woodson

Georgia Law Review

Nowhere is the inadequacy of American public
education more striking than in high-poverty, urban
schools populated by disadvantaged minority students.
Despite decades of legal, policy, and scholarly efforts
aimed at addressing the challenges facing these schools,
the academic prospects of poor students are currently as
grim as they have been in recent memory. Reformers
seeking to address this problem have largely focused on
transforming public education from within by focusing on
school conditions or teacher performance. These efforts
have largely failed to bring about real progress: despite
decades of litigation and reform, our nation's most
disadvantaged children continue to lack …

Aggregation Of Probabilities And Illogic, Kevin M. Clermont

Georgia Law Review

Classical logic and probability theory produce in law the
troublesome paradox of aggregation of claims: On the
other hand, logic seems to tell us that the aggregated
likelihood of alternative claims elevates in response to
probability's rules; thus, if the plaintiff almost proves
claim A and almost proves an alternative but independent
claim B, then the plaintiff should win one. On the other
hand, because the law requires each claim to meet the
standard of proof, and thus refuses to apply the proof
standard to the aggregation, the plaintiff loses in
actuality; legal scholars despair in consequences-
including Ariel Porat …

Supranational Diversity: Why Federal Courts Should Have Diversity Jurisdiction Over Cases Involving Supranational Organizations Like The European Union, John T. Dixon

Georgia Law Review

The federal diversity statute grants alienage jurisdiction
to "foreign citizens" and "foreign statutes," allowing them

to bring state-law claims against U.S. citizens in federal
'court. When the European Community (EC), an
intergovernmental organization of European states, sued
an American corporation for state-law violations, for the
first time a federal court had to determine whether the EC
qualified as a foreign state. The EC argued that it was
essentially a foreign state for the purposes of alienage
jurisdiction. Relying on the definition of foreign state in
the Foreign Sovereign Immunities Act of 1976 (FSIA),
which the diversity statute references, the court …

Runaway Usance: Limiting The Exercise Of The Fugitive Disentitlement Doctrine In The Context Of Wenqin Sun V. Mukasey And Bright V. Holder, Lawrence S. Winsor

Georgia Law Review

The fugitive disentitlement doctrine prevents an evasive
party from obtaining standing in the court whose
authority is evaded. With its 2011 decision in Bright v.
Holder, the Fifth Circuit Court of Appeals created a circuit
split regarding whether the fugitive disentitlement
doctrine applies to an alien appealing an adverse
immigration decision that maintained the same address
throughout removal proceedings, this address was known
to the Department of Homeland Security (DHS), and DHS
made no attempt to locate or arrest the alien for failure to
report for removal. Unlike the Ninth Circuit Court of
Appeals' decision in Wenqin Sun v. Mukasey, …

The Influence Of An Annual Meeting On The Sense Of Community Of Association Members, Their Satisfaction, And Future Intentions, Jee Yeon Hahm

Electronic Theses and Dissertations

Over the past decade, many studies have provided some understanding on what influences association members‟ decision to attend a meeting; however, more systematic and theoretical research is necessary. The decision making process of attendees is a complicated human behavior practice. The major contribution of this study is adopting the sense of community (SOC) model from psychology to gain a better understanding of the attendee behavior. By doing so, this study will add a theoretical foundation to the existing research in the meeting industry. Also, this study will contribute to the SOC research in psychology by applying the concept to a …