Digital Commons Network^™

The Meaning Of Meat, Jareb Gleckel, Sherry F. Colb

Animal Law Review

Plant-based and cell-based meat companies are vying to take over the trillion-dollar meat industry—and, in recent years, they have gained momentum. Responding to consumer demand and widespread fear about global climate change, investors like Bill Gates, Richard Branson, and even Tyson Foods began investing in alternative meat. Beyond Meat became a publicly traded company and partnered with Dunkin’ Donuts, while Impossible Foods partnered with Burger King, bringing plant-based meat products into the mainstream. But many states with strong ties to animal agriculture have sought to impede the growth of the alternative-meat market. In August 2018, Missouri became the first state …

The Archaic Attempts To Protect Nonhuman Suffering: Suggestions For The Advancement Of Legislative Regulation Of Online Depictions Of Animal Cruelty, Alana Van Gundy

Animal Law Review

The Internet is often used to disseminate acts of cruelty to nonhuman animals through social media postings, live feeds, remote-controlled Internet hunting, and industry videos, such as dogfighting and crush videos. Some state and federal laws regulate the depiction of animal cruelty online, either directly or indirectly. However, current statutory regulations do not fully address or completely prohibit the viewing, promoting, and depicting of animal cruelty online. Preventing Internet animal cruelty requires new or revised legislation encompassing the marketing, promoting, and depicting of online animal suffering. While more specific laws are necessary, legislators must consider numerous issues and potential ramifications …

Pets As Property: Signs Of Change In The Law Of Judgment Collections, Sande L. Buhai

Animal Law Review

Americans are deeply connected to their companion animals, regardless of what protections the law affords animals. Because the law follows culture, recent legislative and judicial developments have begun to reflect the bonds formed between human and nonhuman animals. This Article first highlights how courts and society viewed animals in the twentieth century to the present day, focusing on how courts have struck a balance between protecting animals yet still classifying them as property. While the law still views companion animals as property, this Article highlights the interstitial “property-but-not-property” framework courts use to consider the interests of animals in debt collection …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 26, Issue 2, 2020.

A Quantitative Study Of Denver's Breed-Specific Legislation, Sloane M. Hawes, Devrim Ikizler, Katy Loughney, Aurora Temple Barnes Esq., Justin F. Marceau, Philip Tedeschi, Kevin N. Morris

Animal Law Review

In August of 1989, the City and County of Denver, Colorado enacted legislation that prohibits the presence of all ‘pit bull-type dogs’ (PBTDs) within the city limits. In Denver, PBTDs are defined as: American pit bull terrier, American Staffordshire terrier, or Staffordshire bull terrier. In the thirty years the ‘pit bull ban’ has been in place, the City and County of Denver and its animal control agency, Denver Animal Protection, have committed substantial resources to removing PBTDs from the community, including patrolling communities and responding to complaints made by neighbors, conducting thorough breed evaluations of suspected PBTDs, and kenneling PBTDs …

Reputation, Regulatory Capture, And Reform: The Case Of New Zealand's Bobby Calves, Danielle Duffield

Animal Law Review

In 2015, two animal rights organizations in New Zealand released undercover footage exposing widespread cruelty to some of the country’s most vulnerable, and invisible, farm animals: young male calves born into the dairy industry. The footage shocked the New Zealand public. In order to put pressure on the government to adopt meaningful reforms for the protection of these animals, an animal rights organization, Save Animals From Exploitation, placed advertisements in The Guardian highlighting the cruelty in the New Zealand dairy industry. The resulting publicity led to an unprecedented response from the regulating agency, the Ministry for Primary Industries, which swiftly …

Feeding Fido: The Case For Restitution In Ohio Animal Cruelty Convictions, Mary Walsh

Animal Law Review

This Note reviews Ohio animal cruelty convictions and makes an argument that restitution should be paid in those cases to the caretakers of the seized animals. First, this Note walks through the changing status of animals under the law from strictly property to the first anti-cruelty statutes imposed in Ohio. There is further discussion of what restitution means in cases like anti-cruelty and why it matters. The discussion then turns to why the current allowed financial sanctions are not enough to pay the fees required in housing and taking care of seized animals. Several cases in Ohio where restitution was …

People Who Hurt Animals Don't Stop With Animals: The Use Of Cross-Checking Domestic Violence And Animal Abuse Registries In New Jersey To Protect The Vulnerable, Emerald Sheay

Animal Law Review

This Note explores the link between domestic violence and animal abuse and argues that due to such a link, New Jersey should enact a publicly searchable, cross-checking animal abuse registry and a domestic violence registry. Numerous studies confirm the connection between domestic violence and animal abuse. By examining the scope and history of these abuses, and exploring the status of registries in various states, this Note aims to explain the problems these issues pose to our society. Enacting these registries in New Jersey could keep law enforcement aware of illegal activity, reveal child abuse, and prevent the online selling of …

2019 State Legislative Review, Diego Alfonso Gutierrez, Benjamin Lee Cregger

Animal Law Review

This Review examines the significant changes and additions to different states’ laws throughout 2019. Among those significantly affected by these changes are farm animals, wildlife, and companion animals. ‘Ag-Gag’ and ‘Right to Farm’ bills began to flourish, but opponents have seen success in challenging their constitutionality. Wild animals found protection in fur and trapping bans, in addition to bans on killing contests. Companion animals continue to gain legal and physical protection through strengthened cruelty laws. These are a few of the many bills, regulations, and laws that impacted animals in 2019. Although some protections and regulations have seen cuts and …

2019 Foreign And International Legislative Review, Daryane Couto

Animal Law Review

This Review offers a review of foreign and international animal protection legislation enacted or proposed in the year 2019. Included are propositions by categorically international actors, such as CITES and the UN, for regulating international wildlife trade and drafting a high-seas conservation treaty. Additionally, this Review reports how some countries, such as Slovakia, Colombia, and the United Kingdom, are finally putting an end to cruel, archaic animal practices. Finally, the recognition of animal sentience in the Australian Capital Territory, and legislation that closes the gap in Canada’s Criminal Code, are addressed. Together, these changes in foreign and international animal law …

Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil

Scholarly Works

Measures of individual preferences are a key input in cost-benefit analysis. However, behavioral science has raised questions about the rationality of these preferences. The Nudge thesis relies on that scientific research to prescribe interventions to influence individual choices. However, the more modest step of limiting reliance on these preferences in evaluating non-paternalistic government policies has not been taken up. We lack a consistent theory of when public policy should defer to these preferences, with legal and policy advocates adopting ad hoc result-oriented approaches. I argue that policymakers should be prepared to override individual preferences in cases where their only plausible …

Access Law Schools & Diversifying The Profession, Deseriee A. Kennedy

Scholarly Works

Lawyers do not reflect the racial diversity in the United States. The legal profession continues to struggle with ways to achieve and maintain racial diversity. Law schools play a critical role in the path to practice, and therefore an examination of the barriers to the profession they created is warranted. This essay critiques the over-reliance on standardized testing in law school admissions and advocates for an open admissions process that prioritizes racial and academic diversity. It suggests that the benefits of minimizing the role of standardized tests far outweigh any perceived costs in legal education. This essay concludes that the …

Diploma Privilege And The Constitution, Patricia E. Salkin, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Meritt, Judith Wegner, Andrea Curcio

Scholarly Works

The COVID-19 pandemic and resulting shutdowns are affecting every aspect of society. The legal profession and the justice system have been profoundly disrupted at precisely the time when there is an unprecedented need for legal services to deal with a host of legal issues generated by the pandemic, including disaster relief, health law, insurance, labor law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great but the prospect of licensing new lawyers is challenging due to the serious health consequences of administering the bar examination during the pandemic.

State Supreme Courts are …

Lgbtq+ Civil Rights: Local Government Efforts In A Volatile Era, Nicole M. Elias

Publications and Research

LGBTQ+ issues at the local level pose some of the most pressing civil rights challenges in the current U.S.context. This analysis provides insight into what is taking place in major municipalities and how these efforts can be improved to bolster equity and civil rights for LGBTQ+ populations. At a time when identity, language, and public sector values are inherently intertwined and constantly changing, the following question is ripe for analysis: how are major U.S. municipalities addressing the civil rights needs of the LGBTQ+ population? To answer this question, an analysis of government websites from the top 10 U.S. cities by …

Popular Culture Informing Public Administration: Messages And Prospects For Social Equity, Sean Mccandless, Nicole M. Elias

Publications and Research

In the discipline of public administration, popular culture remains under-examined in scholarship and under-utilized in pedagogy. However, the field would benefit from greater integration of popular culture to expand understandings of governance, especially in that it provides important representations of and messaging about some of today's most pressing social equity issues. To contextualize popular culture in public administration, we use critical discourse analysis as a frame to demonstrate how popular culture can inform public administration, especially regarding social equity. We argue that popular culture should be more extensively covered in public administration, because it offers a lens for better understanding …

A Third Option: Understanding And Assessing Non-Binary Gender Policies In The United States, Nicole M. Elias, Roddrick Colvin

Publications and Research

Our fundamental understandings and treatments of gender and gender identity within the United States are evolving. Recently, a few countries and several U.S. states have moved away from the binary categories of male and female to include a non-binary gender option for official state documents. This third, gender-neutral option, is usually represented as "X" where "M" for male and "F" for female traditionally appeared. The purpose of this study is twofold; first, to utilize Iris Marion Young's theory of oppression to help contextualize the historical oppression of non-binary gender identity recognition by the State, and second, to analyze recent efforts …

Examining Public Opinion About Abortion: A Mixed-Methods Systematic Review Of Research Over The Last 15 Years, Amy Adamczyk, Chunrye Kim, Leevia Dillon

Publications and Research

Although abortion became legal four decades ago, Americans remain staunchly divided over its acceptability. While researchers have been interested in the factors shaping abortion attitudes, there are almost no reviews of this work. We examine the factors shaping Americans’ abortion attitudes and assess the state of published peer-reviewed articles in this area over the last 15 years. Using a mixed-methods systematic review, we analyze and critique the findings from 116 journal articles that have examined attitudes about abortion between 2001 and 2016. Amongst the many predictors and outcomes examined, we show that religion is by far the most utilized statistically …

Preparing Bilingual Teachers On The U.S./Mexico Border: Including The Voices Of Emergent Bilinguals, Alcione N. Ostorga, Peter Farruggio

Bilingual and Literacy Studies Faculty Publications

Language policies in the U.S., including matters relating to bilingual education, are tangled up with political tensions and ideology. All too often, the dialogue among educators and policymakers about what constitutes best practices for people learning English – for whom we will use the term emergent bilinguals (EBs) (Garcia, Kleifgen and Falchi 2008) – fails to include the voices of those they serve. The Rio Grande Valley (RGV) of South Texas provides a uniquely valuable laboratory in which to study bilingual education because of its location, demographic makeup, and migration patterns. In this study, a pedagogical intervention was made …

Teachers' Perceptions Of The Nine Defining Characteristics Of Catholic Identity In Ursuline Secondary Schools Of The Usa, Barbara Ann Middendorf

Doctoral Dissertations

Catholic schools are integral to the Catholic Church’s mission of evangelization. A Catholic educational institution is a place to encounter the living God who is Jesus Christ. Education is the concern and task of the Church, called to serve humankind from the heart of God. This study examined the perceptions of teachers working in Roman Union, Ursuline secondary schools of the Central Province of the United States regarding the extent to which the nine defining characteristics of Catholic identity were present in their respective schools and classrooms. For this research, Catholic identity was operationally defined using the seminal Catholic education …

Compensation Strategies That Support Commercial Banks’ Effective Risk Management Practices, Elias Kagumya

Walden Dissertations and Doctoral Studies

Compensation structures with relatively high levels of contingent pay encouraged managers to engage in excessive risk-taking behavior at financial institutions, which contributed to the global financial crisis of 2008. The purpose of this study, guided by the theory of the firm, was to explore compensation strategies that some executives in Uganda used to support effective risk-management practices. This multiple case study was an in-depth inquiry into compensation strategies that encouraged prudent risk-taking behavior. The target population comprised 5 risk-management executives from 5 separate commercial banks who had successfully implemented compensation strategies that supported risk management practices. Data were collected through …

Kasus Ujaran Kebencian Dalam Berita Surat Kabar Di Hindia Belanda, Fajar Muhammad Nugraha, Reynaldo De Archellie, Cresentia Carra Nethania Clement

Paradigma: Jurnal Kajian Budaya

This article is a preliminary study that explores past events of the Dutch East Indies colonial government, specifically describing criminal cases of hate speech or haatzaai depicted in newspaper news between 1879 and 1942. The Dutch East Indies colonial government controlled freedom of thought, expression, and politics of the native population by using the legal instruments Wetboek van Strafrecht voor Nederlandsch Indie, especially articles 154, 155, 156, and 157. These four articles are known as haatzaai artikelen. This regulation was published and enforced in the Dutch East Indies in 1918. This article uses twenty-eight newspaper news articles published in ten …

The Inherent And Supervisory Power, Jeffrey C. Dobbins

Georgia Law Review

Parties to litigation expect courts to operate both
predictably and fairly. A core part of this expectation is
the presence of codified rules of procedure, which ensure
fairness while constraining, and making more
predictable, the ebb and flow of litigation.
Within the courts of this country, however, there is a
font of authority over procedure that courts often turn to
in circumstances when they claim that there is no
written guidance. This authority, referred to as the
“inherent” or “supervisory” power of courts, is an almost
pure expression of a court’s exercise of discretion in that
it gives courts the …

Free Speech And Off-Label Rights, Amy J. Sepinwall

Georgia Law Review

When a litigant invokes a constitutional right to
protect interests different from the ones underpinning
the right, he engages in what this Article calls an
off-label rights exercise. The Free Speech Clause has
recently become an especially prominent, and troubling,
site of off-label rights exercises. Two of the most
prominent cases in the Supreme Court’s last term
involved litigants who invoked their constitutional
rights to free speech to protect interests unrelated to
speech or expression. In Janus v. American Federation
of State, County, & Municipal Employees, a state
employee argued that forcing him to pay for the union’s
bargaining activities …

Injunction Junction, What’S Your Function? Crafting Permanent Injunctions To Be Appropriate Remedies In Defamation Cases, James Netter

Georgia Law Review

When someone is liable for defamation, a court will
almost always levy monetary penalties against the
defamer. A rarely used penalty for defamation is the
imposition of a permanent injunction on the defaming
party that would prevent them from repeating their
defamatory content. Many courts see permanent
injunctions as an unconstitutional prior restraint on a
person’s right to speak, refusing to allow the
condemnation of a person’s speech before they have
spoken it. However, the common justifications for
denying permanent injunctions are weaker upon
reevaluation, particularly in the Internet age, and some
courts and legal scholars recognize that an injunction …

Pretrial Detention Of Indigents: A Standard Analysis Of Due Process And Equal Protection Claims, Robert William G. Wright

Georgia Law Review

Over the past several years, criminal justice activists
have sought to reform misdemeanor bail policies that
condition pretrial release on an arrestee’s ability to pay
a predetermined cash bond. Activists have challenged
such bail polices by filing lawsuits on behalf on indigent
persons who have been exposed to such policies. Often,
these lawsuits allege that bail policies violate both the
Due Process and Equal Protection Clauses of the
Fourteenth Amendment. While due process and equal
protection analyses are generally well-defined, U.S.
Supreme Court precedent does not offer a clear analysis
for courts to apply to due process and equal protection …

State Of The Unions: The Impact Of Janus On Public University Student Fees, Jonathan Kaufman

Georgia Law Review

In Janus v. American Federation of State, County,
and Municipal Employees, Council 31, the U.S.
Supreme Court overruled forty-one years of precedent
that had allowed public-sector unions to collect
agency-shop fees from nonmembers. The Court ruled this
mandatory fee collection unconstitutional as a violation
of nonmember First Amendment rights. This decision
may pose problems for other public entities, such as
public universities, who also collect mandatory fees that
support political speech.

Heating Up And Cooling Down: Modifying The Provocation Defense By Expanding Cooling Time, Ariel J. Pinsky

Georgia Law Review

This Note argues for expanding the provocation
defense for criminal defendants by broadening the
applicability and recognition of both cooling time and
rekindling. This expansion can be accomplished by
transforming cooling time and rekindling into subjective
standards that focus on the unique internal and external
qualities of the defendant. Doing so would not only be
consistent with the underlying purpose of the defense but
also appropriate considering our modern understanding
of the psychological effects of trauma and reactivity to
provoking stimuli. Accordingly, courts should practice
leniency with respect to cooling time and rekindling. The
best approach to provocation is one …

Discriminatory Dualism, Sarah L. Swan

Georgia Law Review

This Article identifies and theorizes a significant but
previously overlooked feature of structural
discrimination: it frequently develops into two seemingly
opposing, yet in fact mutually supportive practices. This
“discriminatory dualism” occurs in multiple contexts,
including policing, housing, and employment. In
policing, communities of color experience overpolicing
(i.e., the aggressive overenforcement of petty crime) at the
same time as they experience underpolicing (i.e., the
persistent failure to address violent crime). In housing,
redlining (i.e., the denial of credit to aspiring
homeowners based on race) combines with reverse
redlining (i.e., the over-offering of credit on exploitative
terms) to suppress minority homeownership. And …

The Meaning Of A Misdemeanor In A Post-Ferguson World: Evaluating The Reliability Of Prior Conviction Evidence, John D. King

Georgia Law Review

Despite evidence that America’s low-level courts are
overburdened, unreliable, and structurally biased,
sentencing judges continue to uncritically consider a
defendant’s criminal history in fashioning an
appropriate punishment. Misdemeanor courts lack
many of the procedural safeguards that are thought to
ensure accuracy and reliability. As with other stages of
the criminal justice system, people of color and poor
people are disproportionately burdened with the
inaccuracies of the misdemeanor system.
This Article examines instances in which sentencing
courts have looked behind the mere fact of a prior
conviction and assessed whether that prior conviction
offered any meaningful insight for the subsequent
sentence. …

The Four Horsemen Of The Internet Apocalypse: The Relevation Of State Net Neutrality Laws, Zachary P.T. Lundgren

Georgia Law Review

In 2018, on the heels of intense debate and
widespread media campaigns, the FCC repealed its
2015 regulations protecting net neutrality. The repeal
continued to stoke controversy after it was announced,
facing congressional and legal challenges almost
immediately. The most interesting response, however,
has been the passage of state net neutrality laws in
California, Oregon, Vermont, and Washington. The first
of their kind, these four laws largely purport to reinstate
the 2015 net neutrality rules within state lines.
Rather than take sides in the net neutrality debate,
this Note focuses on these novel state laws and,
principally, whether they will …