Digital Commons Network^™

Differentiating Deference, Anya Bernstein

Faculty Scholarship

There is now some consensus that the context of a statutory term plays a crucial part in its meaning.1 The argument continues, however, over what "kinds of context ... matter."2 Building on scholarship that addresses the wide range of contexts that contribute to legal meaning,3 this Article illuminates two factors crucial to interpreting legal language: the social nature of meaning-making and the practical nature of interpretive competence. I locate my inquiry in the judicial review of agency statutory interpretation, a particularly fruitful arena for analyzing statutory interpretation more generally.

To fill the gap, Part I of this Article first illuminates …

From Outlaw To Outcast To In-Law? Contesting The Perils Of Marriage Equality, Linda C. Mcclain

Faculty Scholarship

I am pleased to offer the opening commentary in this BU Law Review Annex symposium on Professor Katherine Franke’s provocative new book, Wedlocked: The Perils of Marriage Equality. As previewed by the book’s additional subtitle, “How African Americans and Gays Mistakenly Thought the Right to Marry Would Set Them Free,” Franke aims to provide “cautionary tales” gleaned, or lessons learned, from juxtaposing post-Civil War regulation of the marriages of African Americans freed from slavery with today’s movement for marriage equality for gay men and lesbians.3 Long a skeptic about the gay community’s focus on the goal of marriage—its (in …

An Assessment Of The Human Subjects Protection Review Process For Exempt Research, Jonathan D. Loe, Alex Winkelman, Christopher Robertson

Faculty Scholarship

Medical and public health research includes surveys, interviews, and biospecimens - techniques that do not present substantial risks to subjects. Consequently, this research is exempt from regulation under the Federal Common Rule. Nevertheless, at many institutions, exempt research is frequently subject to the same regulatory process that is required for non-exempt research, requiring the consumption of time and resources for review by Institutional Review Board members or staff. The federal government has indicated an intention to reform and centralize this system, but has not yet specified the form that it will use instead. By examining the policies of the top …

Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner

Faculty Scholarship

Non-communicable and chronic diseases have overtaken infectious diseases as the major causes of death and disability around the world. Despite recognition that reduction in the chronic disease burden will require governance systems to address the social determinants of health, most public health recommendations emphasize individual behavior as the primary cause of illness and the target of intervention. This Article argues that focusing on lifestyle can backfire, by increasing health inequities and inviting human rights violations. If States fail to take meaningful steps to alter the social and economic structures that create health risks and encourage unhealthy behavior, health at the …

Everyday Problems With Executive Dysfunction And Impulsivity In Adults Recovering From Methamphetamine Addiction, Carilyn Ellis, William Hoffman, Sarah Jaehnert, Jane Plagge, Jennifer M. Loftis, Daniel Schwartz, Marilyn Huckans

Faculty Publications - Doctor of Psychology (PsyD) Program

Objectives

Compared with non-addicted controls (CTLs), adults in remission from methamphetamine addiction (MA-REM) evidence impairments on objective measures of executive functioning and impulsivity.

Methods

To evaluate the impact of these impairments in MA-REM adults, demographically matched groups (MA-REM, n=30; CTLs, n=24) completed objective and self-report measures of executive functioning and impulsivity.

Results

MA-REM adults demonstrated significantly (p < 0.050) greater objective and subjective problems with executive functioning and impulsivity.

Conclusions

These results suggest that adults in MA-REM are aware of their deficits and that these deficits have significant impact in everyday life.

Age-Related Differences In Visuomotor Integration As Measured By Object Affordance Effects - A Combined Behavioural And Neurophysiological Investigation, Elisabeth Linnet

School of Psychology Theses

Visuomotor behaviour – from handling simple objects to operating complex devices – is of fundamental importance in our everyday lives, yet there is relatively little evidence as to how healthy ageing affects these processes. A central role is played by the human capacity for reaching and grasping. Grasping an object requires complex visuomotor transformations, including processing of the object’s extrinsic features (it’s spatial location) and intrinsic features (such as size and shape). It has been documented that action relevant intrinsic object properties automatically facilitate specific motor actions despite being task-irrelevant, the so-called object affordance effect. These effects have been demonstrated …

Biol 208l Human Anatomy & Physiology Lab I, Steelman Library, A Franklin Dr

Syllabus Repository

No abstract provided.

Animal Welfare Cannot Adequately Protect Nonhuman Animals: The Need For A Science Of Animal Well-Being, Marc Bekoff, Jessica Pierce

Animal Sentience

A focus on animal welfare in the use of nonhuman animals in the service of human economic and scientific interests does not and cannot adequately protect (nonhuman) animals. It presupposes that using other animals for human ends is acceptable as long as we try our best to improve the welfare of the animals we use. We argue instead for a “science of animal well-being” in which the protection of animal needs is not subordinated to human economic or scientific interests.

What’S The Common Sense Of Just Some Improvement Of Some Welfare For Some Animals?, Liv Baker

Animal Sentience

The goal of Animal Welfare Science to reduce animal suffering is commendable but too modest: Suffering animals need and deserve far more.

End-State Welfarism, Joel Marks

Animal Sentience

Yew-Kwang Ng’s research is the work of an obviously sincere, intelligent, and conscientious animal advocate. But I am unable to accept his starting assumption that animal welfare is an appropriate basis for animal ethics. More specifically I argue that animal welfare as a means to animal liberation is an issue that can be debated, but animal welfare as the ultimate end or goal of animal advocacy is misguided.

Where Is Pain In The Brain?, Marshall Devor

Animal Sentience

Key argues that fish cannot experience pain based on (1) brain imaging in humans, (2) consequences of lesions and (3) direct brain stimulation. Imaging indeed shows that pain-relevant signals reach the cortex, but not that they underlie the subjective experience of pain. Lesions and stimulation data are more to the point, but Key paints an idiosyncratic and misleading picture of their effects. S1 and S2 ablation does not eliminate evoked or spontaneous pain, although there may be up- or down-modulation. Likewise, stimulation of pain-associated cortical areas rarely induces pain, and pain almost never occurs at the onset of epileptic seizures. …

Going Beyond Just-So Stories, Brian Key

Animal Sentience

Colloquial arguments for fish feeling pain are deeply rooted in anthropometric tendencies that confuse escape responses to noxious stimuli with evidence for consciousness. More developed arguments often rely on just-so stories of fish displaying complex behaviours as proof of consciousness. In response to commentaries on the idea that fish do not feel pain, I raise the need to go beyond just-so stories and to rigorously analyse the neural circuitry responsible for specific behaviours using new and emerging technologies in neuroscience. By deciphering the causal relationship between neural information processing and conscious behaviour, it should be possible to assess cogently the …

Spinning Our Wheels And Deepening The Divide: Call For An Evidence-Based Approach To The Fish Pain Debate, Steven J. Cooke

Animal Sentience

There is vigorous ongoing debate about whether fish feel pain and have the capacity to suffer. The body of literature dedicated to the topic is increasing but what is particularly problematic is that the majority of the contributions represent opinion pieces and thus fall within the realm of advocacy. Many of the empirical research papers purporting that fish do or do not feel pain have problems with cavalier use of definitions, poor experimental design, or statistical/technical issues and tend to include advocacy statements in their interpretations. Rather than continuing to spin our wheels and deepen the divide, I would advocate …

Fish Pain: Would It Change Current Best Practice In The Real World?, B. K. Diggles

Animal Sentience

Much of the “fish pain debate” relates to how high the bar for pain should be set. The close phylogenetic affinities of teleosts with cartilaginous fishes which appear to lack nociceptors suggests caution should be applied by those who seek to lower the bar, especially given the equivocal and conflicting nature of the experimental data currently available for teleosts. Nevertheless, even if we assume fish “feel pain,” it is difficult to see how current best practice in aquaculture would change. This is because of the need to avoid stress at all stages of the rearing process to optimize health, growth …

Leaving The Door Open For Fish Pain: Evolutionary Convergence And The Utility Of ‘Just-So Stories’, David B. Edelman

Animal Sentience

Key argues that fish do not experience pain because they lack the necessary (but not necessarily sufficient) brain structures and associated functional circuitry to engender such conscious percepts. I propose that fish pain may be dependent on neuroanatomical regions and pathways that are structurally and/or functionally analogous — but not strictly homologous — to well-characterized mammalian substrates of pain. An example is the convergent appearance of the complex, single-compartment eye across invertebrate and vertebrate phylogeny. Structural-functional convergence is ubiquitous in evolution. Comparative inferences and correlative lines of evidence play an important role in building evolutionary arguments. The dismissal of the …

Pain-Capable Neural Substrates May Be Widely Available In The Animal Kingdom, Edgar T. Walters

Animal Sentience

Neural and behavioral evidence from diverse species indicates that some forms of pain may be generated by coordinated activity in networks far smaller than the cortical pain matrix in mammals. Studies on responses to injury in squid suggest that simplification of the circuitry necessary for conscious pain might be achieved by restricting awareness to very limited information about a noxious event, possibly only to the fact that injury has occurred, ignoring information that is much less important for survival, such as the location of the injury. Some of the neural properties proposed to be critical for conscious pain in mammals …

How Not To Move The Line Drawn On Pain, Bjorn H. Merker

Animal Sentience

In this second commentary I outline the inadequacy of Key's responses to the many peer critiques of his thesis that have so far appeared in Animal Sentience. I illustrate with examples drawn from his response to my first commentary.

Nonverbal Indicators Of Pain, Simon Van Rysewyk

Animal Sentience

In discussing fish pain, Key (2016) privileges pain in humans — “the only species able to directly report on its feelings.” Human experience of pain is not necessarily best reflected by verbal self-report, however. Neural responses to noxious stimuli are influenced by individual differences and by context. Nonverbal pain displays such as facial expressions reflect part of the neural response to noxious stimuli. Most mammals have a specific facial grimace reflecting pain. If fish have a somatic expression of pain, the development of a reliable and accurate somatic pain scale specific to fish could make a contribution to the debate …

Fish Pain: An Inconvenient Truth, Culum Brown

Animal Sentience

Whether fish feel pain is a hot political topic. The consequences of our denial are huge given the billions of fish that are slaughtered annually for human consumption. The economic costs of changing our commercial fishery harvest practices are also likely to be great. Key outlines a structure-function analogy of pain in humans, tries to force that template on the rest of the vertebrate kingdom, and fails. His target article has so far elicited 34 commentaries from scientific experts from a broad range of disciplines; only three of these support his position. The broad consensus from the scientific community is …

Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance

Animal Sentience

Animals, like children and disabled elders, are not only the subjects of abuse, but they are unable to report and protect themselves from it. Veterinarians, like human physicians, are often the ones to become aware of the abuse and the only ones in a position to report it when their human clients are unwilling to do so. This creates a conflict between professional confidentiality to the client and the duty to protect the victim and facilitate prosecution when the law has been broken. I accordingly recommend that veterinarian associations make reporting of abuse mandatory.

Why Fish Do Not Feel Pain, Brian Key

Animal Sentience

Only humans can report feeling pain. In contrast, pain in animals is typically inferred on the basis of nonverbal behaviour. Unfortunately, these behavioural data can be problematic when the reliability and validity of the behavioural tests are questionable. The thesis proposed here is based on the bioengineering principle that structure determines function. Basic functional homologies can be mapped to structural homologies across a broad spectrum of vertebrate species. For example, olfaction depends on olfactory glomeruli in the olfactory bulbs of the forebrain, visual orientation responses depend on the laminated optic tectum in the midbrain, and locomotion depends on pattern generators …

Why Human Pain Can’T Tell Us Whether Fish Feel Pain, Victoria A. Braithwaite, Paula Droege

Animal Sentience

In his target article, Key (2016) reviews the neuroanatomy of human pain and uses what is known about human pain to argue that fish cannot experience pain. We provide three reasons why the conclusions reached by Key are unsupported. They consider (i) why it is not sufficient to conclude that only human neural structures can process conscious pain, (ii) why an understanding of pain in humans and non-human animals needs to be based within a framework of consciousness, and (iii) evidence already exists that fish treated with noxious stimuli lose the ability to perform normal behaviours: This was a behavioral …

Comparative Evolutionary Approach To Pain Perception In Fishes, Culum Brown

Animal Sentience

Arguments against the fact that fish feel pain repeatedly appear even in the face of growing evidence that they do. The standards used to judge pain perception keep moving as the hurdles are repeatedly cleared by novel research findings. There is undoubtedly a vested commercial interest in proving that fish do not feel pain, so the topic has a half-life well past its due date. Key (2016) reiterates previous perspectives on this topic characterised by a black-or-white view that is based on the proposed role of the human cortex in pain perception. I argue that this is incongruent with our …

No Cortex, No Cry, Vladimir Dinets

Animal Sentience

In his target article, Key (2016) argues that since fish don’t have a frontal cortex (part of the brain known to be important for feeling of pain in humans and rodents), they cannot feel pain or other noxious stimuli. I comment on the logic used in this extrapolation and other arguments presented in the paper.

Fighting Forms Of Expression, Paul J.B. Hart

Animal Sentience

Even though Key (2016) has done a very thorough job of assembling evidence showing that fish are unlikely to have the neurological capacity to be conscious and feel pain, there will still be a significant number of behavioural biologists who want to continue maintaining that fish do have consciousness and suffer from pain. In this commentary the reasons for people resisting the conclusions of the evidence are discussed. The reasons revolve around three aspects of the debate: the overblown respect humans have for the powers of consciousness in our day-to-day behaviour, the often used assumption that the possession of complex …

An Invertebrate Perspective On Pain, Jennifer A. Mather

Animal Sentience

Although Key (2016) argues that mammals feel pain and fish do not, from an invertebrate perspective, it is obvious that the pain experience is shared by animals from a number of different animal groups.

Could Fish Feel Pain? A Wider Perspective, Yew-Kwang Ng

Animal Sentience

Key’s (2016) target article provides some strong arguments but also makes some logical mistakes. The arguments are not sufficient to support a definite conclusion that fish cannot feel pain. A multi-faceted perspective taking into account brain structure, chemical secretion in brain, animal behavior, and evolutionary biology may be useful and appears, at least in some aspects, to suggest the opposite conclusion from that of the target article.

Why Fish Pain Cannot And Should Not Be Ruled Out, Anil K. Seth

Animal Sentience

Do fish consciously feel pain? Addressing this question, Key (2016) asks whether the neural mechanisms underlying conscious pain reports in humans can be identified in fish. This strategy fails in three ways. First, non-mammalian consciousness — if it exists — may depend on different mechanisms. Second, accumulating neurophysiological and behavioural evidence, evolutionary considerations, and emerging Bayesian brain theories suggest that if fish can feel at all, they can feel pain. Finally, the qualitative nature of pain and suffering obliges us, via the precautionary principle, to accommodate the possibility of its existence where doubt remains.

Should Fish Feel Pain? A Plant Perspective, František Baluška

Animal Sentience

Key (2016) claims fish that fish do not feel pain because they lack the necessary neuronal architecture: their responses to noxious stimuli, according to Key, are executed automatically without any feelings. However, as pointed out by many of his commentators, this conclusion is not convincing. Plants might provide some clues. Plants are not usually thought to be very active behaviorally, but the evidence suggests otherwise. Moreover, in stressful situations, plants produce numerous chemicals that have painkilling and anesthetic properties. Finally, plants, when treated with anesthetics, cannot execute active behaviors such as touch-induced leaf movements or rapid trap closures after localizing …

A Single Strand Of Argument With Unfounded Conclusion, Robert W. Elwood

Animal Sentience

Key (2016) describes the neural system involved in human pain experience in an excellent fashion but then suggests that only that complete system can generate the experience of pain. Thus animals without all components will not feel pain. This argument has been refuted in the past by analogy to vision where it is clear that a broad range of taxa, vertebrate and invertebrate, have good visual abilities albeit with completely different central nervous systems and receptors. This known counterargument to Key’s main idea is not mentioned in the target article. Further criteria that might indicate pain and studies examining these …