Digital Commons Network^™

Pain In Fish: Weighing The Evidence, James D. Rose

Animal Sentience

The target article by Key (2016) examines whether fish have brain structures capable of mediating pain perception and consciousness, functions known to depend on the neocortex in humans. He concludes, as others have concluded (Rose 2002, 2007; Rose et al. 2014), that such functions are impossible for fish brains. This conclusion has been met with hypothetical assertions by others to the effect that functions of pain and consciousness may well be possible through unknown alternate neural processes. Key's argument would be bolstered by consideration of other neurological as well as behavioral evidence, which shows that sharks and ray are fishes …

Why Is Fish “Feeling” Pain Controversial?, E. Don Stevens

Animal Sentience

In his excellent target article, Key (2016) develops a mechanistic argument in an attempt to show why it is unlikely that fish can “feel” pain or for that matter, “feel” anything. The topic is controversial and likely to achieve the goal of getting many hits for the inaugural issue of the new journal, Animal Sentience. In my view, the question is unlikely to be answered, for two reasons. First, because the proponents of the “fish feel pain” controversy are untrained and unskilled in the details and jargon of neurophysiology and/or neuroanatomy, and the opponents of the controversy, like Key, …

Animal Sentience: The Other-Minds Problem, Stevan Harnad

Animal Sentience

The only feelings we can feel are our own. When it comes to the feelings of others, we can only infer them, based on their behavior — unless they tell us. This is the “other-minds problem.” Within our own species, thanks to language, this problem arises only for states in which people cannot speak (infancy, aphasia, sleep, anaesthesia, coma). Our species also has a uniquely powerful empathic or “mind-reading” capacity: We can (sometimes) perceive from the behavior of others when they are in states like our own. Our inferences have also been systematized and operationalized in biobehavioral science …

Animals Think And Feel: Précis Of Beyond Words: What Animals Think And Feel (Safina 2015), Carl Safina

Animal Sentience

Abstract: Evolution, brain science, and the logic of behavior in free-living animals all converge to show that to varying degrees many animals have conscious experience, thoughts, and emotions.

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.

Toward A Better Understanding Of Community Benefits Assessment Practices., Peter B. Meyer, Lauren Heberle

Faculty and Staff Scholarship

No abstract provided.

State Of Metropolitan Housing Report: Living In Community: Housing For People Living With Disabilities And Our Aging Population, Lauren Heberle, B. Mcreynolds, A. Sizemore, S. Sizemore, T. Malone, J. Beard, Cate Fosl

Faculty and Staff Scholarship

No abstract provided.

Lingual Pressure Generation In Relation To Saliva And Water Swallowing In Healthy Young Adults, Anna Joerger

Dissertations and Theses @ UNI

Lingual strength and swallowing pressures have been studied extensively in dysphagia rehabilitation literature; however, little research has considered how lingual pressure generation may relate to parameters of swallowing speed and endurance. Additionally, little is known about the ability of the tongue to generate pressure to a given target, known as lingual control. This project collected measures of lingual pressure and measures of swallowing speed and endurance in 10 healthy, young adults. Specifically it explored if lingual strength or control of the anterior and posterior tongue correlate with endurance or speed during saliva and water swallowing tasks. Significant relations among lingual …

Secret Jurisdiction, Irina D. Manta, Cassandra Burke Robertson

Hofstra Law Faculty Scholarship

So-called "confidentiality creep" after the events of 9/11 has given rise to travel restrictions that lack constitutionality and do nothing to improve airline security. The Executive Branch's procedures for imposing such restrictions rely on several layers of secrecy: a secret standard for inclusion on the no-fly list, secret procedures for nominating individuals to the list, and secret evidence to support that decision. This combination results in an overall system we call "secret jurisdiction," in which individuals wanting to challenge their inclusion on the list are unable to learn the specific evidence against them, the substantive standard for their inclusion on …

Person, State, Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

Business corporations are critical institutions in our democratic republican market-based economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the constitutional text: none. Instead, we should be debating which rights of citizens against governmental agencies should also …

Legislation's Culture, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

American statutes can seem like labyrinthine mazes when compared to some countries’ legislation. French codes are admired for their intellectual elegance and clarity. Novelists and poets (Stendhal, Valéry) have considered the Code civil to be literature. Swedish legislation might be based on empirical research into problems the legislation is intended to remedy, and the drafting style, though modern today, is descended from an oral tradition of poetic narrative.

Comparing these legislative cultures with our own reveals that the main problem with American legislation is not too many words. It is too many ideas — a high ratio of concepts per …

Adverse Consequences And Constructive Opportunities For Immigrant Youth In Delinquency Proceedings, Theo Liebmann

Hofstra Law Faculty Scholarship

For lawyers representing youth in juvenile delinquency cases, providing sound, knowledgeable counsel on immigration issues can empower clients to make informed decisions and help protect clients from potential adverse immigration consequences. This Article closely examines those consequences and opportunities; articulates the extent of the duty for lawyers who represent minors in delinquency cases to be able to competently advise and advocate for their clients, under both existing ethical rules and the 2010 Supreme Court decision Padilla v. Kentucky; and analyzes the challenges of applying those standards to the representation of immigrant youth in delinquency proceedings.

"Ev'ry American Experiment Sets A Precedent": Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Allison Caffarone, Meg Holzer

Hofstra Law Faculty Scholarship

July 22, 2016. A Florida state court dismisses a three-count information against a sole defendant in "a Miami money-laundering case that is being closely watched around the world." The defendant, a dealer of the virtual currency bitcoin, is free to go. He is also free to continue engaging in the sale of bitcoin. This "victory for bitcoin users" was the first state court case to address Bitcoin in the context of the money services business and anti-money laundering statutes. And on every front, the court got it wrong — while the world was watching. Federal and state prosecutors, defense attorneys, …

Dogging Darwin: America's Revolt Against The Teaching Of Evolution, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

More than four in ten Americans believe that God created humans in their present form 10,000 years ago. American antagonism toward the teaching of evolution is deeply rooted in fundamentalist radition and an aversion to intellectualism. These forces have combined to demonize Charles Darwin to such an extent that sectarian-based legal and political attacks on evolution show no signs of abating. Darwin's day in court began in 1925 with the famous Scopes Monkey Trial. It continued into the 21' century with Kitzmiller v. Dover Area Schools. Throughout, the core creationist agenda has remained the same, although an evolution in labeling …

Dying Discourse: Contextualizing Advance Care Planning, Janet L. Dolgin

Hofstra Law Faculty Scholarship

No abstract provided.

Zika Funding And Partisan Politics, Janet L. Dolgin

Hofstra Law Faculty Scholarship

No abstract provided.

Treasury Proposes New Regulations To Restrict Valuation Discount Planning, Mitchell M. Gans, Howard M. Zaritsky, Jonathan G. Blattmachr

Hofstra Law Faculty Scholarship

No abstract provided.

Foreign Fathers, Japanese Mothers, And The Hague Abduction Convention: Spirited Away, Barbara Stark

Hofstra Law Faculty Scholarship

No abstract provided.