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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 …

Rules For Playing God: The Need For Assisted Migration & New Regulation, Jessica Kabaz-Gomez

Animal Law Review

Climate change is quickly transforming habitats. Species in affected regions are facing extinction as they are unable to migrate to suitable environments. This Note discusses assisted migration, the intentional human-assisted movement of imperiled species to suitable habitats outside of their historic range, as an important—though controversial—conservation tool. There are, however, no comprehensive assisted migration regulations in the United States. This Note argues that the U.S. Fish & Wildlife Service (FWS) should be the agency to issue regulations regarding assisted migration because FWS already has broad authority under the Endangered Species Act to conserve wildlife. This Note proposes that new regulations …

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. …

Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano

Scholarly Works

This article will first discuss what defines a vigilante, the history of vigilantes, and the contemporary vigilante's effect on the legal system as a whole. Also, this article will focus on those scenarios that bring an ordinary person to react in an illegal way to a perceived injustice. In focusing on these scenarios, this article will examine a little more closely the answers of deeper questions about the nature of law and justice, and their roles in the accelerating world of new media.

The Case Of The Retired Justice: How Would Justice John Paul Stevens Have Voted In J. Mcintyre Machinery, Ltd. V. Nicastro?, Rodger D. Citron

Scholarly Works

No abstract provided.

Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb

Scholarly Works

Part I of this Article discusses many of the factors contributing to the fiscal crisis at the local level in New York including historic decreases in federal and state revenue sharing, the imposition of a new property tax cap, the failure of New York to address meaningfully the subject of unfunded mandates on local governments, and the dependency of some local jurisdictions on the timely adoption of a state budget. Part II discusses concepts of deliberative democracy and how local residents might be engaged to become partners with local officials in making difficult fiscal decisions that impact all community residents. …

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 …

Government "Green" Requirements And "Leedigation", Patricia E. Salkin, Graham Grady, Nicole Mueller, Susan Herendeen

Scholarly Works

No abstract provided.

A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine

Scholarly Works

This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …

Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves

Scholarly Works

Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject to arbitration. This …

Challenging Technicism: Space For The Individual Bureaucrat In Public Administration Theory And Practice, Nicole M. Elias

Publications and Research

Participation in PAT-Net 2011 led me to rethink some basic assumptions surrounding public administration theory and what constitutes knowledge in public administration scholarship and practice. My reflection responds to the major questions posed during the Ph.D. Student Workshop on "Writing Theory in a Technicist Field": specifically, why a technicist attitude is so pervasive in a democratic society and what alternatives have been posited for confronting technicism to advance theoretical and critical scholarship.

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 …

Sustainability With An Ethical Aim: Lessons From An American Nun In Amazonia, Stephanie Denise Demaree

Doctoral Dissertations

Research Topic

Human imagination, an ethical aim and action are the progenitors for reconciliation between humans and their environment. Two examples of such reconciliation are found in Brazil and are the result of the tireless work of an American Nun, Sister Dorothy Stang and the staff of the Iracambi Atlantic Rainforest Research and Conservation Center. The present inquiry portrays the history, current programs, and the potential for the findings to shape the lives of those committed to work toward creating a balance between human endeavors and sustainable environments.

Theory and Protocol

This research is grounded in critical hermeneutics and follows …

A Biographical Sketch Of Henry Clay Morrison, D.D.: The Man And His Ministry, C. F. Wimberly

Heritage Material

No abstract provided.

The End Of The Beginning - A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin

Faculty Articles

With the endorsement of the Guiding Principles regarding the issue of business and human rights, an important chapter has come to a close. Beginning with the then U.N. Secretary-General's "global compact" speech in 1999, the international legal framework for business and human rights has undergone tremendous change and progress. Yet, for all these developments, there has been no exhaustive examination in the legal academy of all of these events; certainly, there is no one piece that discusses or analyzes all the major instruments that have been proposed and endorsed by the U.N. on the subject of business and its relationship …

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 …

Table Of Contents

Georgia Law Review

No abstract provided.

Mutual Fund Performance Advertising: Inherently And Materially Misleading?, Alan R. Palmiter, Ahmed E. Taha

Georgia Law Review

Mutual fund companies routinely advertise the past
returns of their strong-performing, actively-managed
equity funds. These performance advertisements imply
that the advertised high past returns are likely to
continue. Indeed, investors flock to these funds despite
high past returns being a poor predictor of high future
returns. Thus, fund performance advertising is inherently
and materially misleading and violates federal securities
antifraud standards. In addition, the SEC-mandated
warning in these advertisements that "past performance
does not guarantee future results"fails to temper investors'
focus on past returns.
The SEC should do more to prevent investors from being
misled by fund performance advertisements. It …

State Amici, Collective Action, And The Development Of Federalism Doctrine, Michael E. Solimine

Georgia Law Review

State attorneys general (SAGs) have been individually
and collectively active on many legal and regulatory fronts
in recent years. One of those activities has been the filing
of amicus curiae briefs in the United States Supreme

Court, especially in cases impacting the states and
federalism doctrine. Frequently SAGs will join in one
amicus brief, and briefs signed by forty or more states are
not uncommon. This phenomenon has been the subject of
attention by legal scholars and political scientists, but the
normative jurisprudential significance of such briefs has
not. In their opinions, the Justices vary in how much legal
weight, …

American Electricpower V. Connecticut: Disaster Averted By Displacing The Federal Common Law Of Nuisance, Damian M. Brychey

Georgia Law Review

Historically, the federal common law of nuisance has
provided a means to regulate interstate pollution. With
the passing of legislative acts such as the Clean Water Act
and the Clean Air Act, however, traditional federal
nuisance lawsuits were displaced. The continued viability
of the federal common law of nuisance to regulate
pollution, specifically greenhouse gases, was brought to
the forefront of American jurisprudence in American
Electric Power Co. v. Connecticut. There, the Supreme
Court held that the Clean Air Act and the EPA actions the
Act authorizes displace any federal common law right to
seek abatement of greenhouse gases-reversing the …

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 …

Table Of Contents

Georgia Law Review

No abstract provided.

((Re)Considering Race In The Desegregation Of Higher Education, Maurice C. Daniels, Cameron V. Patterson

Georgia Law Review

This Essay examines the struggle to desegregate the
University of Georgia (UGA) in the context of the broader
strategies to defeat segregation in higher education. In
doing so, this Essay explores Horace T. Ward's struggle to
enroll in UGA School of Law in Ward v. Regents, the first
lawsuit in Georgia history to attempt to dismantle the
centuries-old practice of segregation at UGA. The Essay
then examines the Holmes v. Danner case, which led to the
admission of the first African-American students at UGA
and the dismantling of segregation statewide in Georgia's
public colleges and universities.
Building upon this backdrop, …

Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black

Georgia Law Review

During the past half-century, education has experienced
a broad expansion of civil rights. Where no rights
previously existed, students now have the right to be free
from discrimination based on race, language status,
disability, wealth, gender, and homelessness. The full
development of these rights, along with substantive
educational improvements for disadvantaged students,
however, has recently stalled. For instance, mandatory
school desegregation, which laid the political and
theoretical foundation for other movements, is nearly non-
existent today. Other movements fare better than
desegregation, but nonetheless face serious limitations.
The overall trend of these various movements raises
serious questions about the prospects …