Dispelling the Misconceptions Raised by the Davis Dissent

The Supreme Court, in Davis v. Monroe County Board of Education, correctly held school districts liable under Title IX for deliberate indifference to known instances of student-on-student sexual harassment that is so severe, pervasive and objectively offensive that it effectively bars the victim\u27s access to an educational opportunity or benefit. Professor Schaffner argues, however, that the majority failed to adequately address three concerns raised by the Davis dissent, that: (1) as a matter of federalism, this issue should be left to the states; (2) student peer sexual harassment does not constitute sex discrimination and (3) holding schools liable for student peer sexual harassment will place schools in a bind between protecting the harassed and infringing on the First Amendment rights of the harasser. Professor Schaffner addresses these concerns, stating first that the majority decision is consistent with traditional federalism principles designed to allocate power between the states and the federal government such that the nation may reap the benefits of interstate diversity and national uniformity. The equal protection of the sexes is a national principle which requires uniform federal enforcement. Second, theoretical models that justify sexual harassment as a form of sex discrimination in the workplace apply to student peer sexual harassment in schools and demonstrate that actionable student peer sexual harassment under Title IX constitutes sex discrimination. Third, by limiting actionable sexual harassment to that which effectively bars a victim\u27s access to an educational opportunity, the Court remains consistent with its First Amendment jurisprudence that allows schools to prohibit speech that causes a substantial disruption to the educational environment, thus steering clear of infringing on the harasser\u27s First Amendment rights

Remedies in Animal-Related Litigation

This chapter discusses the challenges of determining appropriate remedies in cases involving animals with a focus on companion animals. Damages fall into one of two categories: substitutionary relief, which is based on the value of loss of the animal, and specific relief, which “seeks to either avoid harm, undo the harm, or repair the harm in kind.” In private law cases the primary relief sought is substitutionary damages. The changing role of companion animals in people’s lives is leading to an expanding range of available damages, such as companionship value, emotional distress and punitive damages. Of course, the jurisdiction’s substantive law governs the availability of damages

Remedies in Animal-Related Litigation

This chapter discusses the challenges of determining appropriate remedies in cases involving animals with a focus on companion animals. Damages fall into one of two categories: substitutionary relief, which is based on the value of loss of the animal, and specific relief, which “seeks to either avoid harm, undo the harm, or repair the harm in kind.” In private law cases the primary relief sought is substitutionary damages. The changing role of companion animals in people’s lives is leading to an expanding range of available damages, such as companionship value, emotional distress and punitive damages. Of course, the jurisdiction’s substantive law governs the availability of damages

\u3ci\u3eDavis v. Monroe County Board of Education\u3c/i\u3e: The Unresolved Questions,

This article focuses on the recent trend of permitting liability of schools when students are sexually harassed, which the Supreme Court has only recognized for twenty years. I examine the majority and dissenting opinions of the Court’s most recent decision about this topic, Davis v. Monroe County Board of Education and analyze three questions brought to light by Davis and Gebser v. Lago Vista Independent School District. These questions are: (1) what qualifies as “actionable” sexual harassment, (2) who must receive notice, and (3) what satisfies the “deliberate indifference” standard from Davis. The answers to these questions are just beginning to take shape as lower courts face these issues in light of the Supreme Court’s recent holdings

\u3ci\u3eDavis v. Monroe County Board of Education\u3c/i\u3e: The Unresolved Questions,

This article focuses on the recent trend of permitting liability of schools when students are sexually harassed, which the Supreme Court has only recognized for twenty years. I examine the majority and dissenting opinions of the Court’s most recent decision about this topic, Davis v. Monroe County Board of Education and analyze three questions brought to light by Davis and Gebser v. Lago Vista Independent School District. These questions are: (1) what qualifies as “actionable” sexual harassment, (2) who must receive notice, and (3) what satisfies the “deliberate indifference” standard from Davis. The answers to these questions are just beginning to take shape as lower courts face these issues in light of the Supreme Court’s recent holdings

The Road to TNR: Examining Trap-Neuter-Return Through the Lens of Our Evolving Ethics

In the 2008 article “A Review of Feral Cat Control,” Robertson explored the trend developing in the management of so-called “feral” cats away from lethal methods toward the non-lethal method of trap-neuter-return (TNR). The review explored various issues raised by the presence of these unowned, free-roaming cats in our neighborhoods (e.g., zoonotic disease and wildlife predation), stakeholder interests, and management options—all based on then-available information. Missing from the review, however, was an exploration of the shifting ethics underlying TNR's increasing popularity. In this essay, we explore the ethical aspects of community cat management in the U.S. as reflected in the momentum of the “no-kill movement” generally and TNR in particular. We argue that these powerful cultural currents reflect two interrelated ethical theories: (1) a zoocentric ethic that recognizes the intrinsic value of non-human animals beyond any instrumental value to humans, and (2) a virtue ethic that recognizes the legitimacy of “emotional” considerations (e.g., compassion) that rightly accompany decisions about how best to manage community cats

The evolving SARS-CoV-2 epidemic in Africa: Insights from rapidly expanding genomic surveillance

INTRODUCTION Investment in Africa over the past year with regard to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) sequencing has led to a massive increase in the number of sequences, which, to date, exceeds 100,000 sequences generated to track the pandemic on the continent. These sequences have profoundly affected how public health officials in Africa have navigated the COVID-19 pandemic. RATIONALE We demonstrate how the first 100,000 SARS-CoV-2 sequences from Africa have helped monitor the epidemic on the continent, how genomic surveillance expanded over the course of the pandemic, and how we adapted our sequencing methods to deal with an evolving virus. Finally, we also examine how viral lineages have spread across the continent in a phylogeographic framework to gain insights into the underlying temporal and spatial transmission dynamics for several variants of concern (VOCs). RESULTS Our results indicate that the number of countries in Africa that can sequence the virus within their own borders is growing and that this is coupled with a shorter turnaround time from the time of sampling to sequence submission. Ongoing evolution necessitated the continual updating of primer sets, and, as a result, eight primer sets were designed in tandem with viral evolution and used to ensure effective sequencing of the virus. The pandemic unfolded through multiple waves of infection that were each driven by distinct genetic lineages, with B.1-like ancestral strains associated with the first pandemic wave of infections in 2020. Successive waves on the continent were fueled by different VOCs, with Alpha and Beta cocirculating in distinct spatial patterns during the second wave and Delta and Omicron affecting the whole continent during the third and fourth waves, respectively. Phylogeographic reconstruction points toward distinct differences in viral importation and exportation patterns associated with the Alpha, Beta, Delta, and Omicron variants and subvariants, when considering both Africa versus the rest of the world and viral dissemination within the continent. Our epidemiological and phylogenetic inferences therefore underscore the heterogeneous nature of the pandemic on the continent and highlight key insights and challenges, for instance, recognizing the limitations of low testing proportions. We also highlight the early warning capacity that genomic surveillance in Africa has had for the rest of the world with the detection of new lineages and variants, the most recent being the characterization of various Omicron subvariants. CONCLUSION Sustained investment for diagnostics and genomic surveillance in Africa is needed as the virus continues to evolve. This is important not only to help combat SARS-CoV-2 on the continent but also because it can be used as a platform to help address the many emerging and reemerging infectious disease threats in Africa. In particular, capacity building for local sequencing within countries or within the continent should be prioritized because this is generally associated with shorter turnaround times, providing the most benefit to local public health authorities tasked with pandemic response and mitigation and allowing for the fastest reaction to localized outbreaks. These investments are crucial for pandemic preparedness and response and will serve the health of the continent well into the 21st century

The Constitutionality of Breed Discriminatory Legislation: A Summary

This chapter focuses on Toledo v. Tellings, an Ohio case dealing with breed-specific legislation that restricted a Toledo resident to owning one “vicious” dog, defined purely by breed as a pit bull. This case implicated numerous constitutional issues, including vagueness, procedural due process, equal protection, substantive due process, takings, and privileges and immunities. Although the Ohio Sixth Appellate District struck down the breed-specific legislation, the Ohio Supreme Court reversed, and I find this reversal at odds with the constitutional issues at play