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Full-Text Articles in Law
The Concept Of Species With Constant Reference To Killer Whales, Thomas Wheeler
The Concept Of Species With Constant Reference To Killer Whales, Thomas Wheeler
Washington Journal of Environmental Law & Policy
Watson recognized 182 species, Babington 251, and Bentham only 112. Over 150 years since Darwin’s time, scientists continue to debate what constitutes a species. But while this uncertainty remains unchanged, the law has: the United States has committed to protect individual (endangered) species. What was once merely an academic dispute now carries legal weight under the Endangered Species Act (ESA): recognition of a species can trigger significant economic consequences and non-recognition can doom a species to extinction. This comment examines the scientific roots of taxonomic uncertainty, the legal landscape of the ESA, and the potential unforeseen consequences of the relationship …
Australia's Damaging International Trade Practice: The Case Against Cruelty To Greyhounds, Alison G. Jones
Australia's Damaging International Trade Practice: The Case Against Cruelty To Greyhounds, Alison G. Jones
Washington International Law Journal
The Australian greyhound racing industry is capitalizing on newly emerging markets in countries such as China and South Korea. The industry's drive to profit from promoting greyhound racing in these countries has put the welfare of greyhounds at risk. By exporting these dogs to China and South Korea, Australia is violating the spirit and general intent of its own animal cruelty laws, which guard against the type of animal abuse that occurs largely unchecked in those countries. Therefore, Australia should put an end to such exports as soon as possible. Under the General Agreement on Tariffs and Trade ("GATT"), Australia …
When Animals Invade And Occupy: Physical Takings And The Endangered Species Act, Rebecca E. Harrison
When Animals Invade And Occupy: Physical Takings And The Endangered Species Act, Rebecca E. Harrison
Washington Law Review
Government actions implementing the Endangered Species Act (ESA) on private lands have sparked extensive debate and litigation over whether such actions result in Fifth Amendment takings. To date, courts have uniformly rejected regulatory takings claims under the ESA, leading several landowners to advance a different theory-physical takings claims. Successful physical takings claims require landowners to show that government actions resulted in either per se physical takings or compensable physical invasions of their land. In two recent decisions, Boise Cascade Corp. v. United States,/i> and Seiber v. United States, courts rejected per se physical takings claims under the ESA, finding …
Implementation And Enforcement Of Cites: An Assessment Of Tiger And Rhinoceros Conservation Policy In Asia, Julie Cheung
Implementation And Enforcement Of Cites: An Assessment Of Tiger And Rhinoceros Conservation Policy In Asia, Julie Cheung
Washington International Law Journal
The Convention on International Trade in Endangered Species of Wild Fauna and Flora ("CITES") came into force in 1975 as a mechanism for controlling the international trade of threatened and endangered wildlife. In recent years, the international community has become increasingly concerned about the trade of endangered species, particularly tiger and rhinoceros parts, for use in traditional oriental medicines. The market for traditional oriental medicine is growing and has become the main threat to tiger and rhinoceros populations in Asia. This Comment examines the efforts Asian states have undertaken to control the tiger and rhinoceros trade within their borders and …
Too Much Of A Good Thing? Public Access To Medical Research After Paws V. U.W., Russell K. Yoshinaka
Too Much Of A Good Thing? Public Access To Medical Research After Paws V. U.W., Russell K. Yoshinaka
Washington Law Review
In Progressive Animal Welfare Society v. University of Washington, the Washington State Supreme Court held that Washington's Public Disclosure Act mandated public access to unfunded medical research grant proposals submitted by researchers to public institutions within the state. This holding conflicts with federal policy and the current national standard of maintaining full confidentiality of research grant proposals until after research actually is funded. This Note examines the harmful impact that this decision will have on medical research conducted in Washington and the implications for Washington's biotechnology industry. It recommends that both the Washington legislature and Congress act to ensure that …
Construing The Pelly And Packwood-Magnuson Amendments: The D.C. Circuit Court Harpoons Executive Discretion—American Cetacean Society V. Baldridge, 768 F.2d 425 (D.C. Cir. 1985), Cert. Granted Sub Nom. Japan Whaling Association V. American Cetacean Society, 106 S. Ct. 787 (1986) (Nos. 85-954, 955), Erin K. Flory
Washington Law Review
The court declared that the Secretary of Commerce has no discretion to refuse certifying the Japanese for exceeding the IWC sperm whaling quota. The court permanently enjoined the Secretary from agreeing not to certify, and from failing to certify, any Japanese whaling activities exceeding IWC quotas. The court ordered the Secretary to certify the Japanese sperm whaling under both the Pelly and the Packwood-Magnuson Amendments. On appeal, the District of Columbia Circuit Court of Appeals affirmed the district court decision on slightly different grounds. The Supreme Court granted certiorari and will hear the case during the 1985-86 term. A careful …
The Marine Mammal Protection Act And The Fishery Conservation And Management Act: The Need For Balance, Terrin Child, Jeffrey T. Haley
The Marine Mammal Protection Act And The Fishery Conservation And Management Act: The Need For Balance, Terrin Child, Jeffrey T. Haley
Washington Law Review
This article presents an analysis of those provisions of the MMPA which may impede the achievement of FCMA objectives. It is important that these possible conflicts be resolved because while the United States controls off the coast of Alaska what may be the world's largest resources of fish, these same waters contain enormous numbers of marine mammals. These fishery resources, if managed rationally, can make a large contribution to the economy of the United States and to the protein needs of the world. A reasonable accommodation between the MMPA and the FCMA must be found in order to achieve that …
Wildlife And The Constitution: The Walls Come Tumbling Down, George Cameron Coggins
Wildlife And The Constitution: The Walls Come Tumbling Down, George Cameron Coggins
Washington Law Review
The federal law of wildlife has mushroomed during the past decade. Congress, in instances where certain species were suffering population crises, shed its historic reluctance to interfere with state wildlife management prerogatives. Opposition to federal intrusion has raised important constitutional issues, only some of which have been resolved definitively. Already the Congress and the courts have discarded some traditional assumptions about wildlife management, and the walls surrounding the traditional state prerogative to control resident wildlife are tumbling down. The fundamental question involves the extent to which the United States government constitutionally can regulate human activities that affect fauna and flora. …