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2019

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Taking Exception To Human Exceptionalism, Carrie P. Freeman Jan 2019

Taking Exception To Human Exceptionalism, Carrie P. Freeman

Animal Sentience

Chapman & Huffman refute common claims used to justify human species distinctions, and they critique the animal cruelty that has resulted from this privileged status. I raise related questions for further study of the roots of human exceptionalism and about whether aspiring to be more like our fellow animals might be part of the solution.

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Sharing Emotions Builds Bridges Between Individuals And Between Species, Elisabetta Palagi Jan 2019

Sharing Emotions Builds Bridges Between Individuals And Between Species, Elisabetta Palagi

Animal Sentience

Many animal species express, perceive and share emotions. These abilities have been favoured by natural selection because they allow subjects to respond to various situations in an appropriate way, thus facilitating survival and increasing fitness. The same-face/same-emotion phenomenon is at the basis of sharing feelings and emotions. Recent studies show that this capacity is not unique to humans and that it plays an important role in creating cohesive societies in many different species.

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Human And Nonhuman Animals: Towards Equality, Catherine Price Jan 2019

Human And Nonhuman Animals: Towards Equality, Catherine Price

Animal Sentience

Chapman & Huffman argue that we should not consider humans as unique and superior to nonhuman animals. Ecofeminism advocates the respectful treatment of humans, nonhuman animals, and the environment.

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Phenotypic Similarity And Moral Consideration, S. Brian Hood, Sophia Giddens Jan 2019

Phenotypic Similarity And Moral Consideration, S. Brian Hood, Sophia Giddens

Animal Sentience

Identifying specific traits to justify according differential moral status to humans and non-human animals may be more challenging than Chapman & Huffman suggest. The reasons for this also go against their recommendation that we ought to attend to how humans and non-humans are similar. The problem lies in identifying the moral relevance of biological characteristics. There are, however, other reasons for treating non-human animals as worthy of moral consideration, such as the Precautionary Principle.

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Human Superiority Is Obvious But Does Not Justify Cruelty, Yew-Kwang Ng Jan 2019

Human Superiority Is Obvious But Does Not Justify Cruelty, Yew-Kwang Ng

Animal Sentience

Humans are obviously superior, in general, to other animals. This is also supported by evolution and Jerison’s encephalization quotient. However, superiority does not justify cruelty towards other animals. Rather, it suggests higher responsibility. Just as adults are more capable than 2-year-olds, they also have a much higher responsibility in helping others in need, including other animals.

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Is Human Uniqueness Fake News?, Sean Hermanson Jan 2019

Is Human Uniqueness Fake News?, Sean Hermanson

Animal Sentience

The world and its troubles don't need unfounded denials of human uniqueness.

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“I Am Not An Animal”, Lori Marino Jan 2019

“I Am Not An Animal”, Lori Marino

Animal Sentience

The answer to Chapman & Huffman’s question — “Why do we want to think humans are different?” — lies in the work of Ernest Becker and the social psychology literature known as Terror Management Theory, according to which our deep anxiety about animality and death can drive our need to feel superior to the other animals.

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Across The Great Divide, Debra Merskin Jan 2019

Across The Great Divide, Debra Merskin

Animal Sentience

Chapman & Huffman’s target article calls for a reevaluation of claims of human uniqueness and superiority. It also adds to the literature on how species differences, as Darwin noted, are more of degree than kind. The threats to environmental health and species survival are a consequence of excluding nonhuman animals from moral concern and consideration. The theory of intersectionality should include speciesism in the array of discriminatory practices.

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Moral Relevance Of Cognitive Complexity, Empathy And Species Differences In Suffering, John Lazarus Jan 2019

Moral Relevance Of Cognitive Complexity, Empathy And Species Differences In Suffering, John Lazarus

Animal Sentience

I qualify two criticisms made by commentators on Chapman & Huffman’s target article. Responding to the view that differences between humans and other animals are irrelevant to deciding how we should treat other species, I point out that differences between any species in their capacity to suffer are morally relevant. And in response to the claim that suffering is the sole criterion for the moral treatment of animals, I argue that cognitive complexity and a capacity for empathy also have moral relevance to the extent that they influence suffering.

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Animal Cognition: Quantity Has A Quality Of Its Own, Ivaylo Borislavov Iotchev, Kauê Machado Costa Jan 2019

Animal Cognition: Quantity Has A Quality Of Its Own, Ivaylo Borislavov Iotchev, Kauê Machado Costa

Animal Sentience

Chapman & Huffman’s moral analysis fails to prove that the exploitation of animals or the environment is causally connected to beliefs about human capacities. Their exposition of the philosophical interpretations of animal cognition ignores historical context and confounds different levels of analysis. Their analysis of the scientific literature, from which they conclude that humans should not be considered as different from other animals, does not take into account many recent psychological and neuroscientific developments and rests upon a flawed understanding of the relationship between gradual and categorical differences, misrepresenting the two as mutually exclusive concepts.

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Corticocentric Bias In Cognitive Neuroscience, Orit Nafcha, Shai Gabay Jan 2019

Corticocentric Bias In Cognitive Neuroscience, Orit Nafcha, Shai Gabay

Animal Sentience

Chapman & Huffman (2018) note that our tendency to categorize leads to a sense of human superiority that helps justify violence against nonhuman animals. Yet animals are turning out to have capacities previously thought to be uniquely human. We add a further factor that may contribute to the false sense of human superiority: the "corticocentric" bias of neuroscience. An evolutionary approach may help identify species similarities and differences, providing a better understanding of the uniqueness of each species.

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Scepticism About Moral Superiority, Derek Ball, Benjamin Sachs Jan 2019

Scepticism About Moral Superiority, Derek Ball, Benjamin Sachs

Animal Sentience

Chapman & Huffman suggest that we might change people’s behavior toward animals by resisting an argument that because humans are intellectually superior to animals, they are also morally superior to animals. C & H try to show that the premise is false: Humans are not intellectually superior. Several commentators have resisted this response. We suggest that there are other ways of attacking the argument: The notion of moral superiority on which the argument relies is dubious, and the obvious ways of reformulating the argument are instances of the “naturalistic fallacy.”

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Taking Darwinism Seriously, Carsta Simon Jan 2019

Taking Darwinism Seriously, Carsta Simon

Animal Sentience

Chapman & Huffman propose that dropping the categorical distinction between human and nonhuman animals may reduce the atrocious acts of humans towards nonhuman animals, but will it? Taking Darwinism seriously means accepting physical and behavioral continuity across species, including the capacity to feel pain.

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Refining Thoughts About Human/Nonhuman Differences, Colin A. Chapman, Michael A. Huffman Jan 2019

Refining Thoughts About Human/Nonhuman Differences, Colin A. Chapman, Michael A. Huffman

Animal Sentience

Our commentators come from many fields and disciplines and express highly divergent views, illustrating broad interest in the question. From the breadth of comments, we have identified two recurring themes, which we focus on here. The first is a preponderance of cautionary remarks about evaluating the differences between humans and nonhuman animals. The second concerns whether considering animals as worthy of moral consideration is one of many useful tools for conservationists trying to prevent extinction, habitat destruction, and climate change.

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Diversity On Human Difference: Unanimity On Human Responsibility, Colin A. Chapman, Michael A. Huffman Jan 2019

Diversity On Human Difference: Unanimity On Human Responsibility, Colin A. Chapman, Michael A. Huffman

Animal Sentience

Further commentaries on our original target article add important new points and expand our understanding of the differences between animals, particularly between non-human and human primates. But whether they affirm or deny that humans are unique, all commentators agree that our special abilities mean we should be taking responsibility for the care of nature and the plants and animals it supports. We ask: is humankind doing this?

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On Neglected Taxa: Protostomes And The Evolution Of Myelination, Michaella P. Andrade, Charles Morphy D. Santos Jan 2019

On Neglected Taxa: Protostomes And The Evolution Of Myelination, Michaella P. Andrade, Charles Morphy D. Santos

Animal Sentience

Understanding the evolution of nervous and sensory systems in animals is key to understanding the distribution of animal sentience. However, the use of model organisms – mostly vertebrates, and especially mammals – often biases comparative analyses. Sneddon et al. (2018a,b) point out that using nonhuman animals as models helps us better understand the multifaceted aspects of animal pain and sentience. Several concerns need to be considered in dealing with model organisms. Here we discuss how models that are unrepresentative phylogenetically influence hypotheses about the evolution of the myelination in animals. Greater effort is needed to escape “vertebrate-centrism” in evolutionary research.

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State Of Metropolitan Housing Report: 22,000 Equities, Addressing Racial Gaps In Homeownership And Wealth. ..., Lauren Heberle, Kelly Kinahan, Danielle Rohret, Jamar Wheeler, Rebecca Halpryn Jan 2019

State Of Metropolitan Housing Report: 22,000 Equities, Addressing Racial Gaps In Homeownership And Wealth. ..., Lauren Heberle, Kelly Kinahan, Danielle Rohret, Jamar Wheeler, Rebecca Halpryn

Faculty and Staff Scholarship

No abstract provided.

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The Elephant Problem, Richard Primus Jan 2019

The Elephant Problem, Richard Primus

Reviews

In their new book, "A Great Power of Attorney": Understanding the Fiduciary Constitution, Gary Lawson and Guy Seidman argue that, as a matter of original meaning, the Constitution should be understood as analogous to a power of attorney, that interpretive devices applicable to powers of attorney should therefore be used in constitutional interpretation, and that interpreting the Constitution that way would produce results congenial to modern libertarian preferences, such as the unconstitutionality of the Affordable Care Act and the invalidity, on nondelegation grounds, of much of the federal administrative state. But the book fails to carry any of its central …

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Review Of Rights And Demands: A Foundational Inquiry, Nicholas B. Cornell Jan 2019

Review Of Rights And Demands: A Foundational Inquiry, Nicholas B. Cornell

Reviews

No abstract provided.

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Publicity Rights And The Estate Tax, Mitchell M. Gans Jan 2019

Publicity Rights And The Estate Tax, Mitchell M. Gans

Hofstra Law Faculty Scholarship

The estate tax treatment of publicity rights has played a role in the debate about the state law question whether such rights should be transferable at death. Some point to the estate tax as a reason for making publicity rights non-transferable. For if they are transferable, estate-tax inclusion could result. And, the argument goes, the estate or the beneficiaries could well be coerced into commercializing the rights in order to raise the money to pay the tax. Making them non-transferable would eliminate this possibility. This article considers some of the connections between the federal estate tax and the state law …

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Aspiring To A Model Of The Engaged Judge, Ellen Yaroshefsky Jan 2019

Aspiring To A Model Of The Engaged Judge, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

This symposium essay, relying on the work of numerous federal judges who have changed the course of criminal justice and civil rights, argues that judges should aspire to be the “Engaged Judge” — that is, a judge who acts in the best traditions of the role by engaging in creative and often bold solutions in order to advance a “justice mission.” The article discusses the contours of that justice mission, emphasizing that engaged judges should not substitute their own morality for the law or become result-oriented by tailoring legal principle to fit the judge’s prior convictions. It explores the various …

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Taking Stock Of The Benefit Corporation, Ronald J. Colombo Jan 2019

Taking Stock Of The Benefit Corporation, Ronald J. Colombo

Hofstra Law Faculty Scholarship

Almost a decade ago, the “benefit corporation” made its first appearance on American soil. Its supporters proclaimed that this would usher in a new era of corporate social responsibility. Its detractors complained, among other things, that the Benefit Corporation would facilitate managerial abuses that corporate law had worked so hard to curb. After nearly ten years of experience with the benefit corporation, who was the more accurate prognosticator? Moreover, has the benefit corporation given rise to developments, whether beneficial or negative, that were not expected or foreseen?

This article traces the history of the benefit corporation, with a focus on …

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Explaining Criminal Sanctions In Intellectual Property Law, Irina D. Manta Jan 2019

Explaining Criminal Sanctions In Intellectual Property Law, Irina D. Manta

Hofstra Law Faculty Scholarship

This symposium piece first seeks to unpack the relationship between intellectual property infringement and property offenses, and then to understand how the connection between the two has informed when the former is criminalized. The piece examines the porous nature of the boundary line between intangible and tangible resources, showing the at-times uncomfortable fit of the non-rivalrous label to intellectual property. An analysis of the respective harms of the two types of violations follows. This symposium contribution shows how lawmakers have treated patents differently from other forms of intellectual property by choosing not to criminalize their infringement, due both to utilitarian …

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Regulation Of Lawyers In Government Beyond The Representation Role, Ellen Yaroshefsky Jan 2019

Regulation Of Lawyers In Government Beyond The Representation Role, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

The article focuses on legal ethics issues for government lawyers in the U.S. Topics discussed include laws governing disciplinary consequence for lawyers who have engaged in criminal conduct under the American Bar Association's Model Rules of Professional Conduct; the U.S. President Donald Trump's relationship with intelligence agencies; and the U.S. Supreme Court case New York Times Co. v. Sullivan on defamation.

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Tinder Lies, Irina D. Manta Jan 2019

Tinder Lies, Irina D. Manta

Hofstra Law Faculty Scholarship

The rise of Internet dating—in recent years especially through the use of mobile-based apps such as Tinder or Bumble—forces us to reexamine an old problem in the law: how to handle sexual fraud. Many people with romantic aspirations today meet individuals with whom they do not share friends or acquaintances, which allows predators to spin tales as to their true identities and engage in sexual relations through the use of deceit on a greater scale than was previously practicable. Indeed, according to some studies, about eighty percent of individuals lie on at least some part of their online dating profiles, …

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A Pluralistic Approach To Mediation Ethics: Delivering On Mediation's Different Promises, Robert A. Baruch Bush Jan 2019

A Pluralistic Approach To Mediation Ethics: Delivering On Mediation's Different Promises, Robert A. Baruch Bush

Hofstra Law Faculty Scholarship

The article explores a pluralistic approach to mediator ethics by examining a hypothetical case involving a classic dilemma confronted by practicing facilitative and transformative mediators. In the case, a divorced couple fight over full custody of their 11-year-old daughter. Also cited are the dilemma confronting the mediator as s/he is against the agreement reached by the couple, the nature of ethical dilemma, as well as the mediation codes and models.

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The Need For Peer Mentoring Programs Linked To The Legal Writing Class: An Analysis And Proposed Model, Amy R. Stein Jan 2019

The Need For Peer Mentoring Programs Linked To The Legal Writing Class: An Analysis And Proposed Model, Amy R. Stein

Hofstra Law Faculty Scholarship

No abstract provided.

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Knitting 101: Why Law Professors Should Share Their Hobbies With Their Students, Susan Greene Jan 2019

Knitting 101: Why Law Professors Should Share Their Hobbies With Their Students, Susan Greene

Hofstra Law Faculty Scholarship

For many students, adrift in a sea of outlines and anxiety over the pressures of being a law student, cultivating a hobby or even developing a new one seems a luxury in time and energy that they cannot afford. Therefore, it is incumbent upon law professors to lead by example.

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Culture Of Dental Pulp Stem Cells On Nanoporous Alumina Substrates Modified By Carbon Nanotubes, Ameneh Alizadeh, Amir Razmjou, Mehrorang Ghaedi, Ramin Jannesar, Fahimeh Tabatabaei, Vahid Pezeshkpour, Lobat Tayebi Jan 2019

Culture Of Dental Pulp Stem Cells On Nanoporous Alumina Substrates Modified By Carbon Nanotubes, Ameneh Alizadeh, Amir Razmjou, Mehrorang Ghaedi, Ramin Jannesar, Fahimeh Tabatabaei, Vahid Pezeshkpour, Lobat Tayebi

School of Dentistry Faculty Research and Publications

Purpose: Alumina substrates are one of the commonly used scaffolds applied in cell culture, but in order to prevent formation of biofilm on the alumina substrate, these substrates are modified with carbon nanotube. Methods: The alumina substrate was made by a two-step anodization method and was then modified with carbon nanotubes by simple chemical reaction. The substrates were characterized with FTIR, SEM, EDX, 3D laser scanning digital microscope, contact angle (CA) and surface free energy (SFE). To determine how this modification influences the reduction of biofilm, biofilm of two various bacteria, Escherichia coli (E.coli) and Staphylococcus aureus ( …

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Edta-Modified Mesoporous Silica As Supra Absorbent Of Copper Ions With Novel Approach As An Antidote Agent In Copper Toxicity, Elham Rafiee Taqanaki, Reza Heidari, Mohammad Monfared, Lobat Tayebi, Amir Azadi, Fatemeh Farjadian Jan 2019

Edta-Modified Mesoporous Silica As Supra Absorbent Of Copper Ions With Novel Approach As An Antidote Agent In Copper Toxicity, Elham Rafiee Taqanaki, Reza Heidari, Mohammad Monfared, Lobat Tayebi, Amir Azadi, Fatemeh Farjadian

School of Dentistry Faculty Research and Publications

Purpose: Mesoporous silica (MS) have been considered as a biocompatible compound and found to have various pharmaceutical applications. Recently, novel approaches in applications of MS as antidote agents were introduced. In this study, the capacity of ethylenediaminetetraacetic acid modified mesoporous silica (MS-EDTA) was evaluated in in vitro and in vivo adsorption of copper (Cu). Methods: The MS-EDTA was characterized by fourier transform infrared (FT-IR) and X-ray diffraction, while surface area was determined by N2 adsorption–desorption technique. Morphological studies were observed by high resolution-transmission electron microscopy and field emission-scanning electron microscopy and the sizes were determined by dynamic light scattering. …

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