Cosmetic and convenience surgeries on companion animals: the case for laws with bite to protect a dog’s bark

Abstract

Of the various potential improvements and expansions of the current legal protections for companion animals, this paper will focus on the rationale for, and the possibility of, a ban on companion dog and cat cosmetic and convenience surgeries. After discussing the practical significance of society’s soft spot for companion dogs and cats, this paper will discuss the ‘physically painful’ and ‘unjustifiable’ nature of the cosmetic and convenience surgeries themselves, as well as the statutes, legislative and voter initiatives, and case law relevant to those surgeries. Ultimately, this paper will conclude that although across the board bans on companion dog and cat cosmetic and convenience surgeries would likely fail in all but a tiny minority of ‘animal-friendly’ municipalities, bans that solely target debarking could be more broadly enacted because debarking has been practiced for a shorter period of time than the other surgeries, is performed less frequently, and may be more readily understood by the average American as ‘unnatural,’ and therefore, cruel.     

Progressing with the reform and opening up: Retrospective of China’s civil law (1978–2008)

Over the past 30 years, Chinese civil and commercial law has made great achievements in providing theoretical support for Chinese legislation, establishing a theoretical system of civil and commercial law with Chinese characteristics, conducting in-depth and comparative research in this field, and making many summaries of trial practices, judicial interpretations and case studies of civil and commercial affairs. The academic circle has expressed professional comments regarding public events. The major theoretical breakthroughs include the clarification of the relationship between civil law and economic law, further research on the civil code system, basic consensus on the integration of civil law and commercial law, formation of the theoretical system of property right law with Chinese characteristics, innovation and development of contract law theories, basic information of personality law theories, and formation of the theoretical system of tort law. The orientation of Chinese civil and commercial law is to enhance comparative research on civil and commercial law nationally and internationally, focusing on the diversity of research methodologies.     

Croatia’s computer laws: promotion of growth in E-commerce via greater cyber-security

Croatia’s Electronic Signature Act (“ESA”) was enacted in 2002. The ESA is third-generation and provides for legal recognition of all types of E-signatures, but gives preferred status to the digital signature. The ESA provides for regulation of Certification Authorities (“CA”), who may voluntarily elect to become accredited if they are able to comply with stringent financial and technical requirements. The principal duties of CA’s are to: issue certificates to successful applicants; confirm the authenticity and integrity of E-signatures to relying third parties; maintain a repository of certificates which may be accessed by the public; and cancel a certificate if any information contained therein is discovered to be inaccurate. The ESA covers legal liability of CA’s and punitive measures which may be taken against them if they violate the ESA. The Electronic Document Act (“EDA”) was enacted in 2005. The EDA specifies how an E-document can be used to comply with a statutory requirement for production of a paper document or an original document. The EDA also creates a legal presumption of admissibility of evidence in electronic form, and contains rules pertinent to assumed time/place of transmission/receipt of an E-message. The EDA covers liability of Internet service providers and specifies several computer crimes. The Electronic Commerce Act (“ECA”) was enacted in 2003. The ECA provides for basic E-contract rules, basic regulation of E-commerce sellers, and basic consumer protections of E-commerce buyers. Although it was a satisfactory first-step, the ECA needs to be fine-tuned with the following modifications: (1) add E-contract attribution rules; (2) improve the E-contract acknowledgement-of-receipt rules; (3) add E-contract rules for carriage contracts; (4) strengthen the consumer protections of E-commerce buyers; (5) establish information technology courts for resolution of E-commerce disputes; (6) add cybersuite provisions; and (7) add explicit long-arm jurisdiction over foreign E-commerce sellers.

Suicide squad: Boko Haram’s use of the female suicide bomber

Boko Haram first began using the tactic of suicide bombings in 2011 and in 2014 started using female suicide bombers. This research focuses on gender differences in the use of suicide bombers. The data were collected using open sources from June 16, 2011 to June 15, 2018. Using this longitudinal data, trends are described over that 7-year period, focusing on the use of females. A majority of the suicide bombings target civilians in Nigeria, Cameroon, Chad, and Niger. More than half of the bombers were women and girls, some as young as 7?years old, and there were more than 60 incidents where the bomber was below the age of 15. More female bombers were used to targets civilians, whereas men were used more often to target government, police, and military targets. Female suicide bombers were used in Cameroon, whereas males were used more often in Nigeria. Additionally, females used suicide belts or vests, whereas men carried out the overwhelming majority of vehicle-borne suicide bombings. In many cases, the use of the women as bombers involved coercion. The unprecedented use of female suicide bombers, particularly young girls, should be a focus of policy moving forward.     

Maids to the city: migration patterns of female domestic servants from the province of Zeeland,the Netherlands (1850–1950)

This article deals with the migration patterns of female domestic servants from the province of Zeeland in the Netherlands during the second half of the 19th and first half of the 20th centuries. The main topics are rates of servant migration, major destinations, strategies behind migration, and determinants of migration across provincial boundaries. A multimethod approach is used, combining the analysis of a data set of life courses of servants with an investigation of qualitative material such as interviews, letters, autobiographies, and government reports. Migration rates of domestic servants peaked in the last decades of the 19th century. Major destinations of Zeeland servants shifted from local and regional jobs with farmers to positions outside the province, particularly in the growing Dutch cities of Rotterdam and The Hague. Family strategies of survival and possibly of risk diversification and upward mobility were behind this migration. However, qualitative sources show that the out-migration of Zeeland servants must also be understood in terms of individual strategies, such as the desire for higher wages, emancipation from the parental home, and participation in more exciting city life.     

‘It’s deemed unmanly’: men’s experiences of intimate partner violence (IPV)

This study investigated male victims’ experiences of female-perpetrated intimate partner violence (IPV). Seven participants were interviewed and the data were analysed using Interpretative phenomenological analysis (IPA). Four essential themes were revealed. (1) Participants identified themselves as victims of abuse (experiencing physical and multiple forms of abuse). (2) They felt they were victims of controlling abuse (through the use of children and isolation). (3) Respondents experienced manipulation through gendered stereotypes of abuse. (4) They felt it was different because they were men. The participants within this study were often deeply affected by the abuse they had experienced. Previous research has found male abusers use societal structures and norms to enable their abuse. The participants in this study felt that their female abusers were equally adept doing this, although the mechanisms were different. Further research should look at the processes by which abusers of either gender control and abuse their victims.     

Economic man and diffused sovereignty: a critique of Australia’s asylum regime

Governing asylum, especially in Western migration zones, is correctly understood as an expression of centralized state power, or sovereignty. Still, there is much to learn about asylum regimes by turning critical attention to how sovereignty is de-centralized. This critique focuses on Australia where sovereign power is diffused into privatized detention, outsourced decision-making, and offshore processing. The reliance on diffused sovereignty, the article contends, is a maneuver by the state as it attempts to evade legal obligations enshrined in refugee law and human rights. As discussed throughout, economic mentalities figure prominently in the Australian asylum system. In particular, the notion of economic man continues to shape the government’s perception of asylum seekers as being highly rational and responsible, thus manageable by way of deterrence and prolonged detention. Special attention is given to recent disputes between the High Court and the then Gillard government with respect to the processing of refugees.     

(Un)veiling equity: a critical analysis of the insider and outsider roles of a Muslim female Shi’i educator in academy

This is a critical personal narrative of a Canadian Middle-Eastern Muslim female Shi’i educator’s experiences in a Western academy. The different cultural and religious backgrounds that shape a Muslim woman’s academic work and her understanding of social justice are described. Specifically, the author describes religio-historical figures and the counter-narratives of women of color in the author’s life responsible for shaping her appreciation of the importance of engaging in social justice and equity. The subjectivity in this work is manifested as an alignment with her religious beliefs and doctrine that draws from a counter-narrative (i.e. the Shi’i narrative of Karbala and, more broadly, the marginalized and dissenting ideological position of Shi’ is in relation to global Islam). Her upbringing with and introduction to Shi’i rituals, empower her understanding towards issues related to justice, equal rights, and loyalty. Throughout her narrative, the author utilizes the role of a researcher as an insider and outsider based on religious and feminist approaches. Three significant themes are noted: (a) the critical role of spirituality as a powerful catalyst and feminist for transformative change; (b) the role of reflexive skills and self-criticism as a means to balance religious and academic identities; and (c) the import role of ‘border-crossers’ in negotiating and connecting between religious and academic worlds. Insights about the experiences associated with minority Shi’i Muslim female graduate educators and the importance of being critically reflective when working towards social justice and equity are provided.     

Lawyers’ economics versus economic analysis of law: a critique of professor Posner’s “economic” approach to law by reference to a case concerning damages for loss of earning capacity

We provide a comparative overview of the process of implementation, harmonization and stabilization of public oversight systems for statutory auditors across the European Union (EU) after Directive 2006/43/EC. We build on institutional change theory to identify potential determinants as to why some countries still lag in this harmonization process. Oversight systems are a key institutional factor to guarantee the quality of financial information, essential to maintain investors’ confidence and deep and stable capital markets. Thus, the harmonization of these systems has long been an objective of the EU. Our analyses serve to identify, analyse and compare how EU countries have incorporated European-wide requirements into their national legal systems. Particularly, we study: (1) basic characteristics of the system and bodies for public oversight, (2) organizational structure, (3) financing (4) transparency, (5) supervisory, and (6) disciplinary mechanisms. We show that significant diversity still exists across systems and that both the incentives for institutional change and the distance between pre-existing systems and the Directive are important explanatory factors of the achieved level of harmonization.     

Nanotechnology’s triple helix: a case study of the University at Albany’s College of Nanoscale Science and Engineering

In 2001, New York State teamed with IBM to create a research center for nanoelectronics at the University at Albany. Since then, the College of Nanoscale Science and Engineering (CNSE) has been expanded with over $6 billion in investment, attracted over 250 industrial collaborators, and awarded 72 graduate degrees. This paper discusses the formation of the triple helix center in Albany, NY. It then examines the impact of the CNSE on the regional economy and compares it with three other nanotechnology triple helix centers. The analysis finds that the CNSE is more successful at generating nanoknowledge as measured by publications and patents. Much of the research conducted at CNSE has been collaborative effort between university and industrial partners and often resulted in patents assigned to industrial partners. Since 2001, there has been qualitative and quantitative evidence of the emergence of a nanotechnology cluster in the Capital Region of NY. Upstate NY has become home to multiple nanotechnology firms and experienced growth in the employment in nanotechnology related industries. Potential explanations for the success of the CNSE are explored including the anchor tenant hypothesis and the entrepreneurial university.     

Public security in private hands: the case of Guatemala’s Carlos Vielman

The following case study concerns the period in which Carlos Vielman, a well-heeled Guatemalan businessman from a prominent family, became the interior minister of the Óscar Berger administration. While minister, Vielman oversaw the creation of several special units that “acted as an organized crime group,” according to Guatemalan and international investigators. He, along with several of his police deputies were eventually charged for murder. He was later exonerated by a court in Spain, while others were prosecuted. This case study delves into that period, exploring how Vielman’s ministry represented an extension of the Guatemalan elite’s approach towards security and the government writ large to thwart rivals, regardless of the violent and criminal consequences.     

Economic Crime and China’s High-Speed Railway: a Case Study of the Wenzhou Crash

Asian Journal of Criminology - China’s current structural dynamic of rewarding officials for generating vigorous and unprecedented growth is a double-edged sword: such a strategy assures...     

Looking for the Nature of Law: On Shapiro’s Challenge

This article critically focuses on the methodological aspects of Scott Shapiro??s book Legality. Indeed Shapiro??s book sets out several original theses about not only the nature of law and the main problems of jurisprudence, but also about how the nature of law can be discovered by jurisprudence. In this sense, the method of inquiry adopted by Shapiro can be considered as one of the most challenging outcomes of his research. The article is divided into two parts. In the first two sections I shall analyze Shapiro??s jurisprudential approach by focusing on its resort to metaphysical vocabulary, conceptual analysis, constructive reasoning, and institutional explanation of law. In the following sections I will consider some of the problems that this approach gives rise to, and outline an alternative view on the nature of law stimulated by the discussion of Shapiro??s work.     

Organizational structures of Knowledge Transfer Offices: an analysis of the world’s top-ranked universities

Universities are central actors in the production and delivery of new knowledge, and they play a unique role in National and Regional Innovation Systems. Almost all research universities have established Knowledge Transfer Offices (KTOs) to pursue their so-called ‘third mission’. This paper analyses the organizational structure of KTOs by discussing how universities organize their knowledge transfer activities, and by considering what factors may impact on the choice of specific organizational structures. We examine the KTO structures of the top 200 ranked universities in the world and highlight the presence of three knowledge transfer organizational models (internal, external, and mix) and six configurations of these models.     

Children’s Allegations of Sexual Abuse: A Model for Forensic Assessment

It is important both clinically and forensically to gain information to provide an understanding of the veracity of a child’s allegations of sexual abuse. Even though it is reasonable to hypothesize that most allegations are true—children are not infallible and thus some allegations are false. A systematic model of pathways to false allegations—however rare or common—is important because so much depends on this question (i.e., both false positives and false negatives are harmful to children). We propose that there are two major pathways to false allegations of child sexual abuse: (1) the child is lying and (2) the child has a false memory due to his or her problems in information processing. We conclude by presenting a more detailed protocol for more formally evaluating these pathways to false allegations in specific cases.     

Retracing One’s Steps: Searching for the Ethics of Legal Interpretation

The article discusses the problem of interpretation in law. Are there some criteria by which we can distinguish a good interpretation from a bad one, interpretation from over-interpretation? It is argued in this article that there is always a choice in defining the meaning of a text and this choice can be seen as an ethical one. This article thus studies the question of limits of interpretation by focusing on the ethical elements of interpretation. It is argued here that legal interpretation contains a requirement of justice that shapes the responsibility that the interpreter carries for his choices of meaning. Therefore the ethical elements of interpretation are especially pressing in the interpretation of legal texts.     

Victor’s justice or restorative justice: exploring the value of participation for Bangladesh’s future reconciliation process

Participation is a widely accepted process value in restorative justice, but its nature varies from context to context. This study explores the nature of participation in the context of Bangladesh’s future reconciliation process. Case study and qualitative interviews are employed to understand the phenomenon; the deductive and inductive data are analyzed with NVivo 10 software. On the basis of findings from three in-depth qualitative interviews, and examples from Rwanda’s gacaca courts and the Extraordinary Chamber in the Courts of Cambodia, this study argues that engaging and inclusive participation from all stakeholders is essential for a future reconciliation process in Bangladesh. It contends that the involvement of the United Nations would ensure rule of law, due process, and safety and security of the victims and perpetrators. Four inductive themes of participation – engagement, inclusiveness, stakeholders, and safety and security – are particularly highlighted.     

Avoiding the emperor’s prophecy: a case for the primacy of emergency management in criminal justice and human security studies

Recent events have illustrated the reciprocal nature of the relationship between emergency management actors and law enforcement agencies. Emergency management and disaster studies, as fields of practice and academic scholarship are inherently interdisciplinary. Primary among the fields impacting their development is criminal justice. This relationship is confirmed as criminal justice departments continue to include specialized Homeland Security curriculum. However, even as universities and colleges around the country are integrating emergency management into traditional criminal justice programs, there remain gaps in recognition of the unique practical skills and perspectives disaster scholars bring to criminal justice programs. In many ways, disaster scholarship complements existing law enforcement-focused programs by expanding the breadth of what is considered public or community safety. During each phase of the disaster management cycle (preparedness, response, recovery, and mitigation), emergency management research highlights the assistance of volunteer community disaster response organizations that are utilized to assist victims and survivors, and to distribute necessary aid and information. This essay provides a discussion of the linkages between emergency management, disaster studies, and criminal justice, and supports a call for a broadened, integrative approach to human security that fully recognizes the role of each.