Digital Commons Network^™

The Costumed Catholic: Catholics, Whiteness, And The Movies, 1928 - 1973, Albert William Vogt Iii

Dissertations

Abstract

This dissertation examines the impact movies had on the place of Catholics of European descent in mainstream white America. Most scholars who study the history of Catholic populations in this country assume that they attained whiteness at some point. Whether with the Irish in the late nineteenth century, or more generally when urban parishes began the move to the suburbs post-World War II, the historiography claims that Catholics earned white status. However, an analysis of twentieth century American film complicates the historiography of Catholicism. A set of negative stereotypes, instead, have colored the presentation of the religion in cinema …

Organizational Constraints And Supports For Psychosocial Care Of Ethiopian Children At Risk: The Case Of Services In Addis Ababa, Daniel Hailu

Dissertations

The dissertation describes from an institutional perspective psychosocial support services being provided to orphans and vulnerable children (OVC) in Ethiopia's capital Addis Ababa. Despite the presence of sufficient but fragmented legal, policy and strategic framework, Ethiopia's social protection landscape has suffered from a historic dearth of interventions that address psychosocial risks and vulnerabilities. Over the past decade and half, however, psychosocial support services to OVC have been slowly defused into the Ethiopian society as elements of programming for care and support to the population. Consequently, there currently exists diversity in the types of psychosocial risks and vulnerabilities that interventions prioritize …

Understanding The Posttranslational Regulation Of The Response Regulator Rcsb And Acetyl Phosphate As An Acetyl Group Donor In E. Coli, Linda Hu

Dissertations

The observation that Nepsilon-lysine acetylation occurs on a hundreds of proteins in bacteria is a recent discovery. To study the mechanisms that regulate acetylation and to determine if acetylation affects physiology, I studied the Escherichia coli response regulator and transcription factor RcsB, which was reported to be acetylated in vitro. To monitor RcsB activity, I measured transcription from the rprA promoter, which requires RcsB. I confirmed that RcsB is activated by phosphorylation through the Rcs phosphorelay and acetyl phosphate and showed that acetyl phosphate could phosphorylate RcsB. However, a mutant that accumulates acetyl phosphate (ackA) exhibited reduced rprA transcription instead …

John The Baptist And The Jewish Setting Of Matthew, Brian C. Dennert

Dissertations

Although recent discussions on the Gospel of Matthew have emphasized the document's setting within first-century Judaism, these studies have not analyzed how the figure of John the Baptist functions within this setting. The failure to address the significance of the Baptist for the Gospel's Jewish setting is striking because recent study on the historical Baptist has emphasized his ministry and place within first-century Judaism. Therefore, this dissertation places a perennial topic within a new framework, believing that attention to the Jewish setting of the Gospel may prompt fresh observations and explanations of the role of John the Baptist within the …

Psychotherapist Understanding Of Genital Self-Mutilation Amongst Male To Female Transsexuals, Michael Robert Kenney

Dissertations

Self-mutilation of the genitals is a complex phenomenon that can provoke strong countertransference reactions amongst mental health clinician. Transsexuals who engage in self-inflicted mutilation of the genitals face a potentially increased risk of alienation from healthcare providers due to marginalization and lack of understanding by treating clinicians. Frequently, assumptions are made regarding the motivation for the behavior that fails to take into account the complex interplay between contributing psychological, social, and environmental forces.

This qualitative study explored the experience of four psychotherapists who had encountered the behavior in their work with transsexual clients in order to gain a more accurate …

Religious Pluralism And The Catholic Church: Lonergan's Method And The Jacques Dupuis Controversy, Andrea J. Stapleton Berger

Dissertations

This project applies Lonergan's method to the controversy that resulted from the censure of Jacques Dupuis by the Congregation for the Doctrine of the Faith over his book, Toward a Christian Theology of Religious Pluralism. The application of Lonergan's method reveals the potential for the resolution of the issues presented by Dupuis in the area of developing a Catholic theology of pluralism as well as the tension between the Catholic Magisterium and the work of Catholic theologians.

Relations Among Endogenous Attention, Executive Functioning, And Global Assessment Measures In Toddlers And Preschoolers Born Full-Term And Preterm, Nancy Wyss

Dissertations

Infants born prematurely now represent about 12% of all live births in the United States and are at risk for numerous developmental issues. For example, children born preterm are at an increased risk (2-3 times greater) for later attentional problems. With the high rate of attentional issues in later childhood, it is crucial to assess young children born preterm with a valid measure. Currently, global assessments are commonly utilized in neonatal follow-up programs as a broad-based assessment of children born preterm. However, they are often poor predictors of later functioning. There are many different components of attention, and experimental tasks …

Implementing The Learning Commons In A Middle Eastern University Library: The Case Of Zayed University, Judith Mavodza, Mary Sengati-Zimba, Leslie Haas

All Works

Librarians pursuing global stage opportunities find themselves facing challenges and situations that may not exist in their own home countries. As more young people are being given the opportunity to pursue higher education in the United Arab Emirates, librarians find themselves stepping back and rethinking their traditional approaches to information literacy, library services and hours of operation to meet needs of their patrons in the host country. Recently, more Middle Eastern Institutions of higher education have become interested in the Learning Commons (LC) Model that has been popular in North America, Europe and Australia. The collaborative culture of the people …

Shocked, Horrified, Sickened: How Cigarettes (And The Lessons From The Tobacco Litigation) Can Take Years Off Animal-Based Food Industries, Amanda Winalski

Animal Law Review

Animal-based food industries—meat, egg, and dairy—have a history of opposing even relatively minor attempts to reduce human consumption of animal-based foods. In the face of growing evidence that eating meat, eggs, and dairy is detrimental to human health, these industries and their supporters maintain the opposite: that these foods are essential for a healthy diet and have no negative impact as normally consumed. Recognizing parallels between animal-based food industries and another industry heavily invested in maintaining the notion that its product was benign as normally consumed, this Article argues the tobacco litigation saga holds instructive lessons for combatting the current …

Reconciling The Migratory Bird Treaty Act With Expanding Wind Energy To Keep Big Wheels Turning And Endangered Birds Flying, Robert J. Martin, Rob Ballard

Animal Law Review

The Migratory Bird Treaty Act (MBTA) has proven invaluable in minimizing the destruction of the 240 avian species listed by its enforcement agency, the United States Fish and Wildlife Service (FWS), as “endangered or threatened” or “birds of conservation concern.”Recently, however, the Act is faced with a new challenge: How can it continue to achieve its objective when a highly desirable domestic source of sustainable energy—wind power—is experiencing unprecedented growth? Ever-larger wind projects propelled by giant turbines have become a serious danger to the existence of migratory birds and their natural habitats. Yet most policy makers strongly welcome and support …

Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes

Animal Law Review

This Note evaluates the methods advocates have taken toward furthering great ape protection in the United States (U.S.). Many animal advocates argue that abolishing animals’ property status is essential to establishing effective protections; nonetheless, it will take time for our society to accept the concept of legal personhood for animals. Therefore, this Note suggests that for the time being, great ape protection should be framed in a human context, to protect animals within the existing, property-based animal law system. In general, this Note provides background on the property status of animals in the U.S., specifically analyzes the legal status of …

From The Halls Of Congress To The Shores Of The Little T: The Snail Darter And The Dam: How Pork-Barrel Politics Endangered A Little Fish And Killed A River By Zygmunt J. B. Plater, Sara Blankenship

Animal Law Review

The snail darter has become a symbol of environmental extremism. In reality, however, the farmers, members of the Cherokee Nation, and concerned citizens were simply fighting to keep the Tennessee Valley Authority (TVA)’s Tellico Dam from destroying the last free-flowing miles of the Little Tennessee River. This Book Review examines the work of Zygmunt J.B. Plater, the law professor who, along with ordinary citizens, fought their case all the way to the United States Supreme Court in defense of their river, the snail darter, and the Endangered Species Act. Plater reveals the truth behind the landmark TVA v. Hill case …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 19, Issue 2, 2013.

Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan

Animal Law Review

No abstract provided.

A Slave By Any Other Name Is Still A Slave: The Tilikum Case And Application Of The Thirteenth Amendment To Nonhuman Animals, Jeffrey S. Kerr, Martina Bernstein, Amanda S. Schwoerke, Matthew D. Strugar, Jared Goodman

Animal Law Review

On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this country—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amendment. The case presented, for the first time, the question of whether the Thirteenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpinnings, and argues that the district court’s opinion ultimately dismissing the suit failed …

Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith

Animal Law Review

In the United States, violent use of “bullhooks”—sharpened, steel-tipped rods—on captive elephants at carnivals, circuses, and zoos is all too routine. Yet animal-welfare advocates struggle to protect elephants from the (mis)use of bullhooks under the current regulatory regime. At the federal level, advocates cannot consistently rely on either the Animal Welfare Act or the Endangered Species Act, due to these statutes’ narrow provisions, standing limitations, and inconsistent enforcement. State animal-protection laws are equally deficient, as only two states have defined suffering and abuse clearly enough in their statutes to enable effective prosecution of elephant mistreatment, and plaintiffs in even these …

Lukumi At Twenty: A Legacy Of Uncertainty For Religious Liberty And Animal Welafere, James M. Oleske Jr.

Animal Law Review

Twenty years after the United States Supreme Court’s decision in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, uncertainty reigns in the lower courts and among commentators over the issue of constitutionally compelled religious exemptions. Despite the Court’s general disavowal of such exemptions in Employment Division v. Smith, Lukumi appeared to breathe life into a potentially significant exception to Smith. Under that exception—which this Article calls the “selective-exemption rule”—the Free Exercise Clause may still require religious exemptions from a law when the government selectively makes available other exemptions from that law. This Article addresses the key unresolved …

Empowering Market Regulation Of Agricultural Animal Welfare Through Product Labeling, Sean P. Sullivan

Animal Law Review

In many Western nations, rising public concern about the welfare of agricultural animals is reflected in the adoption of direct regulatory standards governing the treatment of these animals. The United States has taken a different path, tending to rely on a “market-regulation” approach whereby consumers express their desire for specific welfare practices through their purchasing decisions. This Article explores the failure of market regulation and the welfare-preference paradox posed by consumers who express a strong preference for improved animal welfare in theory, but who simultaneously fail to demand heightened welfare standards in practice. It argues that market regulation is failing …

2012 State Legislative Review, Laura Hagen

Animal Law Review

No abstract provided.

2012 Federal Legislative Review, Carolyn Greenshields, Kimberly White Laduca

Animal Law Review

No abstract provided.

The First Animal Law Journal, Twenty Volumes Later, Melissa Young

Animal Law Review

Twenty volumes is no small feat for an independently funded, entirely student-run journal. With a total staff of twenty students, including a small Board comprised of Editor in Chief, James Goldstein, Jr.; Managing Editor, William Fig; Articles Editor, Kelly Jeffries; and Form and Style Editor, Benjamin Allen, Animal Law published the inaugural volume of the world’s first animal law journal in 1995.1 This landmark event was the result of the hard work of Lewis & Clark students, with some key support. In this first volume, Animal Law gave “special thanks to Benjamin Allen for his hard work and dedication in …

Twenty Years And Change, David Favre

Animal Law Review

This Introduction provides an overview of the evolution of animal law over the past twenty years, demonstrating how changes in the law, social awareness, and legal education have directly affected this field. This Introduction describes both the positive and negative changes that have taken place, from the banning of dogfighting and cockfighting by federal law and some state laws; a spread in voter-adopted legislation providing for the protection of agricultural animals; and movements to reduce the use of chimpanzees in animal research; to the limitations of the Animal Welfare Act; changes in the United States Department of Agriculture (USDA) policy …

Meat Labeling Through The Looking Glass, Bruce Friedrich

Animal Law Review

The United States Department of Agriculture (USDA) regulates meat labeling under the statutory authority of the Federal Meat Inspection Act (FMIA). The FMIA’s labeling preemption clause prohibits labeling requirements beyond federal requirements, and would thus preclude state causes of action on the basis of deceptive labels that were properly approved under federal law. Through the eyes of Kat, a hypothetical consumer concerned with the origins of the meat she purchases for her family, this Article argues that consumers should be able to pursue state law claims based on fraudulent animal welfare labels on packages of meat. This is true for …

Not Alll Dogs Go To Heaven: Judaism's Lessons In Beastly Morality, Mark Goldfeder

Animal Law Review

This Essay examines the moral status of animals and the definition of humanity under traditional Jewish law, as contained in Biblical texts and commentaries by ancient and historical Jewish scholars. Examining whether animals are capable of moral behavior, it provides examples from various Judaic sources to support the idea that animals are capable of making conscious, moral choices. This Essay goes on to investigate the effect that morality has on the rights and rewards given to animals under Jewish law, and whether, as conscious moral actors, animals have souls. Turning more broadly to the definition of humanity, this Essay discusses …

Front Matter

Animal Law Review

No abstract provided.

Legislation To Protect The Welfare Of Fish, Kelly Levenda

Animal Law Review

This Article examines the marginalization of fish under current animal welfare laws and regulations, explores the treatment of farm-raised fish during transport and slaughter, and proposes legislation and regulations in these two areas. While evidence indicates that fish are capable of experiencing pain, fear, and suffering—the traditional considerations informing concepts of animal welfare—current pre-slaughter transport and slaughter practices are completely uninformed by notions of fish welfare. Comparing the cognitive and sensory capacities of fish to other animals currently receiving animal welfare recognition through official regulation, this Article argues that protections afforded to animals during transport and slaughter should similarly apply …

U.S. Ivory Trade: Can A Crackdown On Trafficking Save The Last Titan?, Beth Allgood, Marina Ratchford, Peter Lafontaine

Animal Law Review

Rampant poaching has put African elephants on the verge of extinction in the wild, and the United States (U.S.) is complicit in this crisis. Despite the best efforts of federal agencies, porous national borders, legal loopholes, and deep-seated difficulties in law enforcement make the U.S. a major market for illicit ivory. While the White House, the United Nations, and the European Union, along with other voices, are sounding alarms, bold and concrete actions have been slow in coming. The U.S., in particular, is only beginning to acknowledge its own role in the slaughter, and still relies on a patchwork of …

Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak

Scholarly Works

This case illustrates why municipal lawyers might want to review their high school mathematics lessons about set theory before drafting statutes. The application of set theory—particularly in the form of Venn diagrams—can help to prevent ambiguity of language in statutory construction. It is this ambiguity that gives rise to differences in interpretation, and these differences frequently lead to litigation over the meaning of a statute.

Emerging Technologies And Dwindling Speech, Jorge Roig

Scholarly Works

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …

Rethinking Section Five: Deference, Direct Regulation, And Restoring Congressional Authority To Enforce The Fourteenth Amendment, Tiffany C. Graham

Scholarly Works

After the Supreme Court's decision in City of Boerne v. Flores, the Court worked systematically to undermine the scope of Congress's regulatory authority under Section 5 of the Fourteenth Amendment. The Court did this as part of the neo-federalist revival, in an effort to restrain congressional power in favor of elevating state power against federal intrusion. The Court took this route in restraining various powers, among them the powers granted to Congress under Article I of the U.S. Constitution. Arguably, though, the effort to restrain Congress was most pronounced in the arena of Section 5. In this Article, I argue …