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Full-Text Articles in Law

Exotic Pets Invade United States Ecosystems: Legislative Failure And A Proposed Solution, Robert Brown Dec 2012

Exotic Pets Invade United States Ecosystems: Legislative Failure And A Proposed Solution, Robert Brown

Dr Robert Brown

No abstract provided.


Bred Meat--The Cultural Foundation Of The Factory Farm, David N. Cassuto Oct 2012

Bred Meat--The Cultural Foundation Of The Factory Farm, David N. Cassuto

David N Cassuto

This article argues that the ability of large-scale industrial farms to commodify animals in the face of strong countervailing social forces stems in large part from the legal system’s embrace of a secularized but nonetheless deeply religious vision of human ascendancy. Within this belief system, animals comprise beings through whom we define ourselves by contrast and to whom we deny ingress to the legal system. The impulse to increase protections for nonhuman animals is offset by institutionally privileged categories of behavior that commodify nonhumans and strip them of legal defenses. The resulting lattice of laws purports to safeguard animals while …


Legal Standing For Animals And Advocates, David N. Cassuto Oct 2012

Legal Standing For Animals And Advocates, David N. Cassuto

David N Cassuto

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal's interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish standing? In this panel, experts in animal litigation discuss the concept …


United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto Oct 2012

United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto

David N Cassuto

Robert J. Stevens, proprietor of “Dogs of Velvet and Steel,” was indicted for marketing dog-fighting videos in violation of 18 U.S.C. §48, a law criminalizing visual or auditory depictions of animals being “intentionally mutilated, tortured, wounded, or killed” if such conduct violated federal or state law where “the creation, sale, or possession [of such materials]” takes place.” The law aimed principally at makers and distributors of “crush videos” wherein women wearing high heels and depicted from the waist down, grind small animals to death. However, the language of 18 U.S.C. §48 extended to dog-fighting as well. Stevens challenged the law …


Owning What You Eat: The Discourse Of Food, David N. Cassuto Oct 2012

Owning What You Eat: The Discourse Of Food, David N. Cassuto

David N Cassuto

This essay examines the role of communication in the formation of law and social norms and the implications of that role for animal law and ethics. Part III contextualizes animal law within contemporary risk society. Part IV looks at how efficiency has transformed from an economic concept into a normative guideline and discusses how that transformation has affected animals and agriculture. It tracks the rise of industrial agriculture and ties it to this fundamental misunderstanding of the concept of efficiency. The essay concludes with some thoughts on how to reformulate contemporary notions of efficiency and ethics to account for the …


Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey, Anne Schillmoller Jan 2012

Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey, Anne Schillmoller

Anne Schillmoller

The paper seeks articulate possibilities for a reciprocal ground of animality, a non hegemonic conceptual frontier within which the sovereign terrain of liberal humanism might yield to networks of alliances and reciprocities among human and other animals. The objective is to locate topographies where the conditions of creaturely life may be conceptualised in relational and non anthropocentric terms. It seeks to identify possibilities for a discourse of animality which avoids the haunting spectre of humanism. Specifically, it explore routes which may avoid the dualisms of western thought and identify alternative ways by which animality might be conceptualised and represented. Its …


Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder Dec 2011

Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


Enforcing Animal Welfare Statutes: In Many States, It’S Still The Wild West, Elizabeth Rumley, Rusty Rumley Dec 2011

Enforcing Animal Welfare Statutes: In Many States, It’S Still The Wild West, Elizabeth Rumley, Rusty Rumley

Elizabeth Rumley

Authority to enforce animal welfare laws has been delegated to private citizens involved with humane organizations since the 1880s when the majority of those statutes were originally passed. Currently, over half of the states and the District of Columbia grant some form of law enforcement power to members or officers of humane societies. The authority ranges from the power to arrest to the ability to seize and destroy private property. In some cases it includes the right to carry a firearm-- even, in one state, as a convicted felon-- while engaging in law enforcement activities. After a brief history of …


The Origins And Efficacy Of Private Enforcement Of Animal Cruelty Law In Britain, Jerry L. Anderson Dec 2011

The Origins And Efficacy Of Private Enforcement Of Animal Cruelty Law In Britain, Jerry L. Anderson

Jerry L. Anderson

In 1822, the British Parliament enacted a landmark statute to punish the abuse of animals, known as Martin’s Act, named after Richard Martin, MP, who championed the bill. The Act provided a criminal penalty of up to £5 for the cruel treatment of cattle, a term which included horses, oxen, and sheep. Because the Act was the first national statute aimed at animal cruelty, scholars have naturally focused on its substance, which established an important new norm governing the relationship between humans and other animals. However, the Act would not have been successful without vigorous prosecution, which helped define the …