Digital Commons Network^™

Until We Meet Again, Richard Snow, Mary Snow

Publications

As long ago as 1896, Svanti Arrenius conducted a scientific analysis of the relationship between carbon dioxide (CO2) and atmospheric temperatures. Several decades later, GS Callender collected and compiled temperature data from around the world and found there had been an increase in global temperatures. He hypothesized that the rising temperatures were resulting from increasing levels of CO2. These early studies piqued the interest of Gilbert Plass in the mid-20th century who endeavored to determine how CO2 affects temperature. In his effort to determine the possible effects that higher levels of CO2 in the atmosphere were having on the energy …

Phenotypic Characterization Of The Peach (Prunus Spp.) Collection At The National Clonal Germplasm Repository In Davis, California, Tim Moran

EWU Masters Thesis Collection

"Germplasm repositories are an invaluable resource for the collection and preservation of important living genetic material, and provide a multitude of research opportunities for crop improvement. Advances in genomics research have created an urgent demand for phenotypic data in order to assist researchers in identifying relationships between genetic makeup and phenotypic variability. The peach, Prunus persica, is an important economic crop species that is heavily bred and cultivated. In peach, specific tree growth habits are used in breeding to select for tree architectures that may provide growers with more options for orchard design and cultural practices. The presence of extrafloral …

Wide-Scale Small Unmanned Aircraft System Access To The National Airspace System, John Robbins, Brent Terwilliger, David Ison, Dennis Vincenzi

Publications

Expected revisions of federal policies and regulations for the operation and certification of small unmanned aircraft systems (sUAS) are anticipated to significantly increase the volume of traffic in the National Airspace System (NAS). By investigating critical needs of regulatory compliance and safety, as well as new advancements, it may be possible to identify strategies to address the most pressing concerns of sUAS integration. Findings and recommendations from this research are presented to highlight implications and possible solutions to urgent needs of UAS stakehold-ers, including industry, government, and academia.

Working Themselves Impure: A Life Cycle Theory Of Legal Theories, Jeremy K. Kessler, David E. Pozen

Faculty Scholarship

Prescriptive legal theories have a tendency to cannibalize themselves. As they develop into schools of thought, they become not only increasingly complicated but also increasingly compromised, by their own normative lights. Maturation breeds adulteration. The theories work themselves impure.

This Article identifies and diagnoses this evolutionary phenomenon. We develop a stylized model to explain the life cycle of certain particularly influential legal theories. We illustrate this life cycle through case studies of originalism, textualism, popular constitutionalism, and cost-benefit analysis, as well as a comparison with leading accounts of organizational and theoretical change in politics and science. And we argue that …

Class Warfare: The Disappearance Of Low-Income Litigants From The Civil Docket, Myriam Gilles

Articles

In recent years, much attention has been paid to the startling disparities in income and wealth in contemporary U.S. society. The enormous concentration of economic power in the top 1% is the culmination of decades of significant income and wealth gains for the top, combined with stagnant or decreasing growth for the majority - a trend that continues apace. But nowhere is the gap more glaring than in the civil docket, where class actions brought by or on behalf of low-income consumers and employees are on the verge of disappearing.

To be sure, the decline in class actions is only …

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 …

What Would The Babel Fish Say?, Monica Gagliano

Animal Sentience

Starting with its title, Key’s (2016) target article advocates the view that fish do not feel pain. The author describes the neuroanatomical, physiological and behavioural conditions involved in the experience of pain in humans and rodents and confidently applies analogical arguments as though they were established facts in support of the negative conclusion about the inability of fish to feel pain. The logical reasoning, unfortunately, becomes somewhat incoherent, with the arbitrary application of the designated human criteria for an analogical argument to one animal species (e.g., rodents) but not another (fish). Research findings are reported selectively, and questionable interpretations are …

Pain And Fish Welfare, Eliane Gonçalves-De-Freitas

Animal Sentience

The evolutionary approach of Key’s (2016) target article, generically comparing humans with fish of all kinds, is simplistic. The author ignores published research on structural and molecular aspects of pain in fish. The target article reads more like a selective polemic against fish welfare than an even-handed analysis.

Brain Processes For “Good” And “Bad” Feelings: How Far Back In Evolution?, Jaak Panksepp

Animal Sentience

The question of whether fish can experience pain or any other feelings can only be resolved by neurobiologically targeted experiments. This commentary summarizes why this is essential for resolving scientific debates about consciousness in other animals, and offers specific experiments that need to be done: (i) those that evaluate the rewarding and punishing effects of specific brain regions and systems (for instance, with deep-brain stimulation); (ii) those that evaluate the capacity of animals to regulate their affective states; and (iii) those that have direct implications for human affective feelings, with specific predictions — for instance, the development of new treatments …

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 …