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Ethics, Race, And Reform, Anthony V. Alfieri

Articles

No abstract provided.

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 8, Issue 1.

Enforcing Existing Rights, Cass R. Sunstein

Animal Law Review

No abstract provided.

Political Ideology And The Legal Status Of Animals, Robert Garner

Animal Law Review

Mr. Garner challenges the traditional notion that significant improvements to animals’ well being cannot be achieved absent an abolition of their status as mere property. In so doing, Mr. Garner explores political factors affecting animal protection, including the current ideological climate and western notions of liberalism.

The Legal Status Of Nonhuman Animals

Animal Law Review

On September 25, 1999, a distinguished group of legal scholars met in New York City at the 5th Annual Conference on Animals and the Law, hosted by the Committee on Legal Issues Pertaining to Animals of the Association of the Bar of the City of New York, to discuss how the law classifies nonhuman animals and whether the current legal framework is in accord with scientific understanding, public attitudes, and fundamental principles of justice. This conference took a monumental step in facilitating discussion about, and furthering the cause of, the legal protection and welfare of nonhuman animals.

Comments are included …

Animal Law And Animal Rights On The Move In Sweden, Helena Striwing

Animal Law Review

Ms. Striwing, an attorney at law in Sweden, provides a glimpse into Swedish laws and practices affecting animals in that country. She discusses the development and characteristics of such laws and offers suggestions regarding implementation and enforcement that may also be utilized by other countries in their quests to afford animals greater legal protections.

The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson

Animal Law Review

Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.

Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett

Animal Law Review

Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.

Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl

Animal Law Review

Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry’s First Amendment right to free expression.

The Economic Value Of Companion Animals: A Legal And Anthropological Argument For Special Valuation, Geordie Duckler

Animal Law Review

Mr. Duckler delves into valuation issues that arise in the context of recovery of non-economic damages for death and injury to companion animals. He argues that the special nature of companion animals in society necessitates an assigned monetary worth to such animals that is distinct from and exceeds mere market value. As support for this contention, Mr. Duckler provides relevant legal, sociological, and anthropological analyses.

Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland

Animal Law Review

Ms. Ireland explores the methodologies, ethics, and dangers of canned hunting and offers ways to challenge the practice through existing and proposed state and federal statutes. In so doing, Ms. Ireland examines statutory law as it relates to exotic animals, the definition of “animal,” the anti-cruelty exemptions, and husbandry practices. Finally, the feasability of statutory enforcement by agencies is examined.

Could A Chimpanzee Or Bonobo Take The Stand?, Angela Campbell

Animal Law Review

No abstract provided.

2001 Legislative Review, Laurie Fulkerson

Animal Law Review

No abstract provided.

The New Thought Police: Inside The Left’S Assault On Free Speech And Free Minds (Book Review), John W. Teeter Jr

Faculty Articles

Attacks on political correctness have grown both plentiful and rather tiresome. Such tomes occasionally score valid ideological points, but one grows weary of the bitter repetitiveness of it all. The New Thought Police might seem to offer a little novelty to the litany. Bruce is undeniably bright, impassioned, and edgy. Her book, however, is decidedly a mixed bag. The best parts center on her controversial role as a feminist spokeswoman during the O.J. Simpson murder trial. Bruce cogently emphasized that the case was a tragic paradigm of domestic violence rather than a racist conspiracy against a black cultural icon.

Bruce’s …

Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark

Publications

Mary Wollstronecraft once said, probably with a sigh, "I do earnestly wish to see the distinction of sex confounded in society, unless where love animates the behavior." Two centuries later, many groups in American political life are still caught in the same dilemma: hoping that a just society will take account of an essential characteristic -- race and sex spring to mind -- in ways that will benefit the group, while eschewing the potentially harmful characterizations that lie just on the flip side of the coin.

Communis Opinio And The Method Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy

William & Mary Law Review

No abstract provided.

Inclusive Boundaries And Other (Im)Possible Paths Toward Community Development In A Global World, Fran Ansley

Scholarly Works

This paper is based on a talk given at a University of Pennsylvania symposium on Social Movements and Law Reform. In it Professor Ansley takes as a case study the U.S. movement against plant closings. In the seventies, eighties and nineties this movement attempted to respond to the increasing flow of industrial capital from the U.S. to other countries. Like other social movements, it devoted a significant part of its energy to "framing" its issues - articulating and attempting to promote a particular way of looking at the issue of plant closings, de-industrialization, and the new international division of labor. …

Broadly Speaking - November, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Practicing Law In The Global Economy, Nancy L. Kaszak

Northern Illinois University Law Review

This essay is an edited version of a lecture given by Ms. Kaszak as part of the Francis X. Riley Lecture series at the Northern Illinois University College of Law. It begins by discussing the development of the global economy as resulting from technological developments, such as the personal computer, with the ability to connect globally via the internet, that combine with the relative ease of transporting goods and services across borders making the global economy a reality. It develops the global enterprise as the natural evolution of business in the redefined global economy. The piece then looks at the …

Law As Craft, Brett G. Scharffs

Vanderbilt Law Review

This Article explores the similarities between the law and other craft traditions, such as carpentry, pottery, and quilting. Its thesis is that law--and in particular adjudiction---combine elements of what Aristotle described as practical wisdom, or phronesis, and craft, or techne. Craft knowledge is learned practically through experience and demonstrated through practice, and is contrasted with other concepts, including art, science, mass production, craftiness, and hobby. Crafts are characterized by four simutaneous identities. First, crafts are made by hand-one at a time-and require not only talent and skill, but also experience and what Karl Llewellyn called "situation sense." Second, crafts are …

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Don't Cheat; Escheat - What Every Business Lawyer Ought To Know About Tennessee's Abandoned Property Laws, Joan Macleod Heminway

Scholarly Works

No abstract provided.

Public Access To Legal Resources On The Internet, Alice M. Mccanless

The Southeastern Librarian

In the not so distant past, before the Internet, doing legal research necessitated access to either a substantial law collection or one of the expensive legal databases, Lexis-Nexis or Westlaw. That limited legal reference to law librarians, some special librarians and reference librarians at large university or public libraries. The Internet has changed all of that, giving any library with an Internet connection access to a wealth of current law, especially at the state and federal level.

Based on a presentation at the Joint Conference of the Georgia Council of Media Organizations and Southeastern Library Association on October 12, 2000.

Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes

Law and Contemporary Problems

Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method. This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.

Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond

Law and Contemporary Problems

As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances. Courts may also need to take further steps to address the woeful ignorance about the chemical universe. This may necessitate changes in the liability rules.

The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark

Law and Contemporary Problems

This article discusses the role of epidemiologic evidence in toxic tort cases, focusing on relative risk. Whether specific causation can be inferred if a relative risk is above 2.0 is discussed. The object is to explore the scientific logic behind intuitions of relative risk.

Scientific Models Of Human Health Risk Analysis In Legal And Policy Decisions, Douglas Crawford-Brown

Law and Contemporary Problems

The quality of scientific predictions of risk in the courtroom and policy arena rests in large measure on how the two differences between normal practice and the legal/policy practice of science are reconciled. This article considers a variety of issues that arise in reconciling these differences, and the problems that remain with scientific estimates of risk when these are used in decisions.

Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress

Law and Contemporary Problems

This article briefly describes the normative/nonnormative distinction, and how one might invoke this distinction to locate a nonnormative dimension of actual causation. After briefly introducing Richard Wright's concept of a necessary element in a set of conditions for an effect, the article notes ambiguities in the critical concepts of necessity and sufficiency that he deploys. The article suggests the most plausible interpretation of Wright's use of different modal concepts.

The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks

Law and Contemporary Problems

This article uses the differential diagnosis opinions to explore a pair of interrelationships. The basic causal framework employed by most courts in toxic tort cases is presented. A key to understanding the developing case law in this area is to appreciate the degree to which the courts have adopted the interpretive conventions of science in assessing admissibility.

Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley

Law and Contemporary Problems

This article presents empirical evidence of the ways people compare judgments of liability with judgments of causation and contribution. Specifically, the article reports the results of experiments designed to show whether people regard causation and enablement as necessary elements of liability.