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The Nuances of “Tag-Gag” Laws
Get PDFThis Essay addresses what I have elsewhere called “Tag-Gag” Laws—laws that regulate and restrict how companies can label and advertise plant-based meat products. Plant-based meat is food made entirely from plants that replicates the taste and texture of animal meat. As plant-based meat sales have grown exponentially in recent years, increasing numbers of states have passed Tag-Gag laws; companies selling plant-based meat, in turn, have challenged these laws in court. When covering these lawsuits, the media often (and understandably) lumps them altogether. If a plant-based company wins a preliminary injunction against a state law, it is viewed as a victory for plant-based foods in the labeling wars; if a state survives a preliminary injunction, the media reports the opposite. But not all Tag-Gag laws are created equal, and this Essay draws attention to their important differences. It identifies and categorizes three Tag-Gag variants and discusses how each variant has different legal ramifications. It also proposes specific approaches that companies can follow when challenging the different categories of Tag-Gag laws
Rock and Hard Place Arguments
Get PDFThis Article explores what we coin “rock and hard place” (RHP) arguments in the law, and it aims to motivate mission-driven plaintiffs to seek out such arguments in their cases. The RHP argument structure helps plaintiffs win cases even when the court views that outcome as unfavorable.
We begin by dissecting RHP dilemmas that have long existed in the American legal system. As Part I reveals, prosecutors and law enforcement officials have often taken advantage of RHP dilemmas and used them as a tool to persuade criminal defendants to forfeit their constitutional rights, confess, or give up the chance to present mitigating evidence. Part I not only describes these dilemmas but also explains how the courts have largely, though imperfectly, curtailed their impacts. Part II turns to civil law. It explains how RHP dilemmas can defeat plaintiffs’ mission-driven litigation—particularly their ability to overcome justiciability hurdles.
Part III switches gears from RHP dilemmas to RHP arguments; it introduces the need for mission-driven plaintiffs to turn the tables by crafting RHP dilemmas for defendants and judges. It uses logical syllogisms and hypotheticals to introduce different RHP constructions that plaintiffs can implement. It then provides two real-world examples of how plaintiffs used RHP arguments to overcome jurisdictional hurdles in New York v. Department of Labor and Natural Resources Defense Council v. United States Department of the Interior. Part IV provides an in-depth case study of American Anti-Vivisection Society v. United States Department of Agriculture, a case in which mission-driven plaintiffs implemented two simultaneous RHP arguments and thereby forced the Department of Agriculture to implement regulations protecting birds.4 This case highlights the efficacy of RHP arguments because the plaintiffs succeeded after decades of failed legislative reforms and prior litigation. Part V addresses several surprisingly liberal decisions from the Supreme Court of the United States’ 2019 term and proposes that a unique type of RHP argument drove the outcome in these cases. Finally, Part VI highlights areas of the law where mission-driven plaintiffs are likely to find success using RHP arguments and recommends future litigation strategies
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Rock and Hard Place Arguments
No full textThis Article explores what we coin “rock and hard place” (RHP) arguments in the law, and it aims to motivate mission-driven plaintiffs to seek out such arguments in their cases. The RHP argument structure helps plaintiffs win cases even when the court views that outcome as unfavorable.
We begin by dissecting RHP dilemmas that have long existed in the American legal system. As Part I reveals, prosecutors and law enforcement officials have often taken advantage of RHP dilemmas and used them as a tool to persuade criminal defendants to forfeit their constitutional rights, confess, or give up the chance to present mitigating evidence. Part I not only describes these dilemmas but also explains how the courts have largely, though imperfectly, curtailed their impacts. Part II turns to civil law. It explains how RHP dilemmas can defeat plaintiffs’ mission-driven litigation—particularly their ability to overcome justiciability hurdles.
Part III switches gears from RHP dilemmas to RHP arguments; it introduces the need for mission-driven plaintiffs to turn the tables by crafting RHP dilemmas for defendants and judges. It uses logical syllogisms and hypotheticals to introduce different RHP constructions that plaintiffs can implement. It then provides two real-world examples of how plaintiffs used RHP arguments to overcome jurisdictional hurdles in New York v. Department of Labor and Natural Resources Defense Council v. United States Department of the Interior. Part IV provides an in-depth case study of American Anti-Vivisection Society v. United States Department of Agriculture, a case in which mission-driven plaintiffs implemented two simultaneous RHP arguments and thereby forced the Department of Agriculture to implement regulations protecting birds.4 This case highlights the efficacy of RHP arguments because the plaintiffs succeeded after decades of failed legislative reforms and prior litigation. Part V addresses several surprisingly liberal decisions from the Supreme Court of the United States’ 2019 term and proposes that a unique type of RHP argument drove the outcome in these cases. Finally, Part VI highlights areas of the law where mission-driven plaintiffs are likely to find success using RHP arguments and recommends future litigation strategies
The Meaning of Meat
No full textPlant-based and cell-based meat companies are vying to take over the trillion-dollar meat industry—and, in recent years, they have gained momentum. Responding to consumer demand and widespread fear about global climate change, investors like Bill Gates, Richard Branson, and even Tyson Foods began investing in alternative meat. Beyond Meat became a publicly traded company and partnered with Dunkin’ Donuts, while Impossible Foods partnered with Burger King, bringing plant-based meat products into the mainstream. But many states with strong ties to animal agriculture have sought to impede the growth of the alternative-meat market. In August 2018, Missouri became the first state to restrict how alternative companies use the word ‘meat’ and related terms on their labels. Eleven more states have passed similar ‘Tag-Gag’ statutes. This Article reviews three primary constitutional challenges plant-based companies have leveled against such provisions—challenges based on the First Amendment, Due Process, and the Dormant Commerce Clause. After Part II evaluates the merits of these claims, Part III explores how they could advance or inadvertently undermine other animal and civil-rights lawyering strategies. To supplement the standard arguments, Part IV proposes ways for cause-driven plaintiffs like Tofurky—the first company to challenge Tag-Gag laws—to amplify their free speech claims. First, this Part suggests that although the statutes at issue appear to target mere commercial speech, courts have reason to view them as regulations of political speech calling for strict, rather than intermediate, scrutiny. Second, this Part suggests that plaintiffs could challenge Tag-Gag statutes not only under the First Amendment but also under the free speech provisions of state constitutions
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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