Social and Behavioral Sciences Commons^™

Out Of The Jungle, James G. Milles

James G. Milles

No abstract provided.

Legal Education In Crisis, And Why Law Libraries Are Doomed, James G. Milles

James G. Milles

The dual crises facing legal education - the economic crisis affecting both the job market and the pool of law school applicants, and the crisis of confidence in the ability of law schools and the ABA accreditation process to meet the needs of lawyers or society at large - have undermined the case for not only the autonomy, but the very existence, of law school libraries as we have known them. Legal education in the United States is about to undergo a long-term contraction, and law libraries will be among the first to go. A few law schools may abandon …

New Career Paths: From Computing Services To Library Director, James G. Milles

James G. Milles

No abstract provided.

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Teresa A. Miller

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …

Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller

Teresa A. Miller

In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches. The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …

Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller

Teresa A. Miller

Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …

Truth Commission Impact: A Participation-Based Implementation Agenda, Tara J. Melish

Tara Melish

With a focus on truth commissions, this Essay argues for a new approach to assessing the impact or effectiveness of transitional justice mechanisms. It recognizes at least four discernible approaches to impact assessment in the current literature. I term these “Quantifiable Truth,” “Victim Perception,” “Formal Political Rights,” and “Redistributive Development.” While each has added important and complementary insights to the field, each has also exhibited important weaknesses in its ability to speak persuasively to the question of meaningful long-term impact on the societal dynamics and institutions that lead to violence in the first place. To help fill this gap, I …

Importing Democracy: Promoting Participatory Decision Making In Russian Forest Communities, Maria Tysiachniouk, Errol E. Meidinger

Errol Meidinger

Published in Environmental Democracy Facing Uncertainty, Cécilia Claeys & Marie Jacqué, eds.

This paper describes how the World Wildlife Fund for Nature (WWF) jump-started democratic institutions in Russian rural communities to create a basis for social, environmental, and economic modernization within the Russian forestry sector. In Russia’s post-soviet markets and institutions, a host of multinational companies and large transnational environmental organizations sought to promote the restructuring of Russia’s legal and economic infrastructure and active subsidiaries in Russia. In order for modern forestry approaches to be imported, management practices that had developed in the West needed to be adapted to Russia’s …

Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger

Errol Meidinger

This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Governance Rules And Bargaining Power In Sustainability Alliances, Matthew Elliott, Lisa Elliott

Matthew Elliott

Intravenous Saline Administration Improves Physical Functioning., Travis L. Stiles, Staci R. Stevens, Christopher R. Snell, Lucinda Bateman, J. Mark Vanness

J. Mark Van Ness

ABSTRACT Patients with Chronic Fatigue Syndrome (CFS) have diminished physical capacity that has been linked to low blood volume (hypovolemia) and abnormal sympathoadrenal activation. Intravenous saline administration could ameliorate these problems, thereby improving the work capacity in CFS. Purpose: This study investigates the effect of 1 L/day of 0.9% saline administration in a 37 yr old female with CFS. Methods: Primary outcome measures were based on cardiopulmonary responses during maximal exercise testing. A preliminary exercise test was performed prior to beginning saline administration. Follow-up exercise tests were conducted at 15, 55, 92, 125, 180, 248, 317, 420 and 675 days …

A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone

J. Mark VanNess

In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead fitness programs. …

Avoiding The Gambit For Our Personal Digital Archives, Matt Schultz

Matt Schultz

The Sidis Case And The Origins Of Modern Privacy Law, Samantha Barbas

Samantha Barbas

The American press, it’s been said, is freer to invade personal privacy than perhaps any other in the world. The tort law of privacy, as a shield against unwanted media exposure of private life, is very weak. The usual reason given for the weakness of U.S. privacy law as a bar on the publication of private information is the strong tradition of First Amendment freedom. But “freedom of the press” alone cannot explain why liberty to publish has been interpreted as a right to print truly intimate matters or to thrust people into the spotlight against their will. Especially in …

Creating The Public Forum, Samantha Barbas

Samantha Barbas

The public forum doctrine protects a right of access - “First Amendment easements” - to streets and parks and other traditional places for public expression. It is well known that the doctrine was articulated by the Supreme Court in a series of cases in the 1930s and 1940s. Lesser known are the historical circumstances that surrounded its creation. Critics believed that in a modern world where the mass media dominated public discourse - where the soap box orator and pamphleteer had been replaced by the radio and mass circulation newspaper - mass communications had undermined the possibility of widespread participation …

Laws Of Image: Privacy And Publicity In America, Samantha Barbas

Samantha Barbas

Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came …

Aggregate-Level Lead Exposure, Gun Violence, Homicide, And Rape, Brian B. Boutwell, Erik J. Nelson, Zhengmin Qian, Michael G. Vaughn, John P. Wright, John P. Wright, Kevin M. Beaver, Kevin M. Beaver, J. C. Barnes, Melissa Petkovsek, Roger Lewis, Mario Schootman, Richard Rosenfeld

Richard Rosenfeld

Unravelling Intersecting Identities: Understanding The Lives Of People Who Practice Bdsm.Pdf, Michael P. Dentato Phd, Msw, Cassandra Damm, Nikki Busch

Michael P. Dentato

Collaborative Academic Partnerships: Support For International Students’ Library Research Success, Mary M. Somerville, Niraj Chaudhary, Liz Cooper, Michael Flierl

Niraj Chaudhary

An international research team studied student experiences in academic libraries located in home countries and host institutions. To foster successful transitions, these research findings frame design activities for collaborative orientation programs involving campus academic libraries, international student offices, and academic support services. Learning Objectives: Explore incoming international students’ library research experiences and academic support needs to better understand campus collaborative priorities. Enhance professional capacity to support transition of international students through designing collaborative campus orientation programs that address support needs for library research and academic success among growing international student populations.

Toward A Synthesis Of Conservation And Animal Welfare Science, David Fraser

David Fraser, PhD

Conservation biology and animal welfare science are multidisciplinary fields of research that address social concerns about animals. Conservation biology focuses on wild animals, works at the level of populations, ecological systems and genetic types, and deals with threats to biodiversity and ecological integrity. Animal welfare science typically focuses on captive (often domestic) animals, works at the level of individuals and groups, and deals with threats to the animals’ health and quality of life. However, there are many areas of existing or potential overlap: (i) many real-life problems, such as environmental contamination, urban development and transportation, create problems for animals that …

On-Farm Welfare Assessment For Regulatory Purposes: Issues And Possible Solutions, Jan Tind Sørensen, David Fraser

David Fraser, PhD

On-farm welfare assessment has been used mainly for non-regulatory purposes such as producer education or to qualify for voluntary welfare-assurance programs. The application of on-farm assessments in regulatory programs would require four issues to be addressed: (1) selecting criteria that are widely accepted as valid by diverse citizens, (2) setting minimum legal levels, (3) achieving the high level of fairness and objectivity required for legally binding requirements, and (4) achieving the cost-efficiency needed for widespread use of the methods. Issues 1 and 2 pose a particular problem because different citizens disagree on what they understand as good animal welfare, with …

Rating Harms To Wildlife: A Survey Showing Convergence Between Conservation And Animal Welfare Views, S. Dubois, D. Fraser

David Fraser, PhD

Human activities may cause conservation concerns when animal populations or ecosystems are harmed and animal welfare concerns when individuals are harmed. In general, people are concerned with one or the other, as the concepts may be regarded as separate or even at odds. An online purposive survey of 339 British Columbians explored differences between groups that varied by gender, residency, wildlife engagement level and value orientation (conservation-oriented or animal welfare-oriented), to see how they rated the level of harm to wildlife caused by different human activities. Women, urban residents, those with low wildlife engagement, and welfare-orientated participants generally scored activities …

General Principles For The Welfare Of Animals In Production Systems: The Underlying Science And Its Application, David Fraser, Ian J.H. Duncan, Sandra A. Edwards, Temple Grandin, Neville G. Gregory, Vincent Guyonnet, Paul H. Hemsworth, Stella M. Huertas, Juliana M. Huzzey, David J. Mellor, Joy A. Mench, Marek Špinka, H. Rebecca Whay

David Fraser, PhD

In 2012, the World Organisation for Animal Health adopted 10 ‘General Principles for the Welfare of Animals in Livestock Production Systems’ to guide the development of animal welfare standards. The General Principles draw on half a century of scientific research relevant to animal welfare: (1) how genetic selection affects animal health, behaviour and temperament; (2) how the environment influences injuries and the transmission of diseases and parasites; (3) how the environment affects resting, movement and the performance of natural behaviour; (4) the management of groups to minimize conflict and allow positive social contact; (5) the effects of air quality, temperature …

Four Types Of Activities That Affect Animals: Implications For Animal Welfare Science And Animal Ethics Philosophy, D. Fraser, A. M. Macrae

David Fraser, PhD

People affect animals through four broad types of activity: (1) people keep companion, farm, laboratory and captive wild animals, often while using them for some purpose; (2) people cause deliberate harm to animals through activities such as slaughter, pest control, hunting, and toxicology testing; (3) people cause direct but unintended harm to animals through crop production, transportation, night-time lighting, and many other human activities; and (4) people harm animals indirectly by disturbing ecological systems and the processes of nature, for example by destroying habitat, introducing foreign species, and causing pollution and climate change. Each type of activity affects vast numbers …

Attitudes Of Canadian Citizens Toward Farm Animal Welfare: A Qualitative Study, Jeffrey M. Spooner, Catherine A. Schuppli, David Fraser

David Fraser, PhD

As part of a larger project to determine if there are animal-welfare-related values shared by some commercial food–animal producers and non-producers in Canada, open-ended, semi-structured interviews were conducted to elicit opinions about animal welfare among 24 urban and rural residents not involved in commercial animal production. All participants possessed a self-described interest in food animal well-being and were therefore assumed to represent the views of Canadian non-producers most apt to engage in efforts to shape the animal welfare policies of governments and businesses. Participants described animal welfare in moral or ethical terms, expressed virtually unanimous support for animals having access …

Attitudes Of Canadian Beef Producers Toward Animal Welfare, J. M. Spooner, C. A. Schuppli, D. Fraser

David Fraser, PhD

Commercial beef production in western Canada involves raising cows and calves on large tracts of grassland, plus grain-based ‘finishing’ of animals in outdoor feedlots. This study used open-ended, semi-structured interviews to explore views on animal welfare of 23 commercial beef producers in this system. Although wary of the term ‘animal welfare’, participants understood the concept to encompass three well-known elements: (i) basic animal health and body condition; (ii) affective states (comfort, contentment, freedom from hunger or thirst); and (iii) the ability to live a ‘natural’ life. Participants attached importance to protecting animals from natural hardships (extreme weather, predators), yet many …

Attitudes Of Canadian Pig Producers Toward Animal Welfare, Jeffrey M. Spooner, Catherine A. Schuppli, David Fraser

David Fraser, PhD

As part of a larger study eliciting Canadian producer and non-producer views about animal welfare, open-ended, semi-structured interviews were used to explore opinions about animal welfare of 20 Canadian pig producers, most of whom were involved in confinement-based systems. With the exception of the one organic producer, who emphasized the importance of a ‘‘natural’’ life, participants attached overriding importance to biological health and functioning. They saw their efforts as providing pigs with dry, thermally regulated, indoor environments where animals received abundant feed, careful monitoring and where prospective disease outbreaks could be minimized and controlled. Emphasis was also placed on low-stress …

A ‘‘Practical’’ Ethic For Animals, David Fraser

David Fraser, PhD

Drawing on the features of ‘‘practical philosophy’’ described by Toulmin (1990), a ‘‘practical’’ ethic for animals would be rooted in knowledge of how people affect animals, and would provide guidance on the diverse ethical concerns that arise. Human activities affect animals in four broad ways: (1) keeping animals, for example, on farms and as companions, (2) causing intentional harm to animals, for example through slaughter and hunting, (3) causing direct but unintended harm to animals, for example by cropping practices and vehicle collisions, and (4) harming animals indirectly by disturbing life-sustaining processes and balances of nature, for example by habitat …

Fun Versus Meaningful Video Game Experiences: A Qualitative Analysis Of User Responses, Ryan Rogers, Julia Woolley, Brett Sherrick, Nicholas David Bowman, Mary Beth Oliver

Ryan Rogers

Emerging research on video games has suggested that feelings of both enjoyment and meaningfulness can be elicited from gameplay. Studies have shown enjoyment and meaningfulness evaluations to be associated with discrete elements of video games (ratings of gameplay and narrative, respectively), but have relied on closed-end data analysis. The current study analyzed participants’ open-ended reviews of either their “most fun” or “most meaningful” video game experience (N = 575, randomly assigned to either condition). Results demonstrated that “fun” games were explained in terms of gameplay mechanics, and “meaningful” games were explained in terms of connections with players and in-game characters.