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Full-Text Articles in Law
The Lizard, The Scientist, & The Lawmaker: An Analysis Of The Trending Fight Over The Use Of Science Under The Endangered Species Act And How To Address It, Brie D. Sherwin
Animal Law Review
Recently in Texas, the dunes sagebrush lizard—a tiny, little-known reptile living in the sparse brush and dunes of the oil and gas fields—sparked a heated discussion and criticism over the listing process under the Endangered Species Act (ESA). This six-year battle ended with the withdrawal of a proposed rule to list the lizard and resulted in numerous criticisms about the role and use of scientific data throughout the process. Under the ESA, the United States Fish & Wildlife Service (FWS) is required to consider the best available scientific data when deciding whether to list a species. However, there is no …
You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki
You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki
Animal Law Review
Feral dogs occupy an ambiguous position, challenging standard categories of domestication, wildness, and property ownership. This ambiguity, in turn, complicates the legal status of feral dogs. Feral dogs' property status is particularly critical, as whether a feral dog is owned by someone, or no one at all, hold implications not only for civil and criminal liability in incidents involving feral dogs, but also the legal ability of animal rescue organizations to intervene in the lives of feral dogs. Part II of this Article summarizes the application of property law to animals, particularly highlighting the role played by an animal's status …
The Beastiality Proscription: In Search Of A Rationale, Antonio M. Haynes
The Beastiality Proscription: In Search Of A Rationale, Antonio M. Haynes
Animal Law Review
Addressing a taboo rarely discussed in scholarly works, this Article analyzes frequently advanced arguments supporting prohibitions on bestiality. Though on a superficial level the arguments seem appealing, upon closer inspection the standard justifications break down under internal inconsistencies. A differently constructed theory may not only provide a rationalized, consistent basis for regulating bestiality, but also lend greater coherence to laws regulating sexuality in general. Part II of this Article explores arguments related to consent; Part III discusses bestiality impermissibly using animals as a means; Part IV examines public health arguments, largely relating to those diseases that can spread easily from …
The Spirit Of The Buffalo: The Past And Future Of An American Plains Icon, William Holland
The Spirit Of The Buffalo: The Past And Future Of An American Plains Icon, William Holland
Animal Law Review
Though bison are iconically associated with the United States, their historical fortunes have often been opposite those of the U.S. As the nation expanded westward, government policy, demand for bison products, and changing land use perilously reduced bison numbers. Efforts to restore bison have been complicated by overlapping legal concerns: state, federal, tribal, and constitutional. This Note examines the legal context surrounding bison restoration, focusing particularly on the critical herd connected with Yellowstone National Park. Former members of the Yellowstone herd, in turn, are the subjects of the Montana Supreme Court's 2013 ruling in Citizens for Balanced Use v. Maurier, …
2013 Federal Legislative Review, Angela Ostrowski
2013 Federal Legislative Review, Angela Ostrowski
Animal Law Review
No abstract provided.
2013 State Legislative Review, Cameron Taylor
The Endangered Species Act At Forty: The Good, The Bad, And The Ugly, Daniel J. Rohlf
The Endangered Species Act At Forty: The Good, The Bad, And The Ugly, Daniel J. Rohlf
Animal Law Review
No abstract provided.
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael C. Blumm, Kya B. Marienfeld
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael C. Blumm, Kya B. Marienfeld
Animal Law Review
The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently conceded that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions. In this Article, we explain those decisions—involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse—and their implications. We conclude with some surprising observations about the Obama Administration’s apparent endorsement of …
Harming The Tinkerer: The Case For Aligning Standing And Preliminary Injunction Analysis In The Endangered Species Act, Danny Lutz
Animal Law Review
Reviewing preliminary injunction motions under the Endangered Species Act (ESA), most district courts evaluate “irreparable harm” through one of two lines of analysis. One line, promoted by property rights interest groups, reasons that individual mortalities might not constitute irreparable harm if they do not impact survival of the species. In contrast to this “species-level harm” analysis, another approach argues that “individual-level harm” suffices because it is irreparable to the animal. The recent First Circuit opinion in Animal Welfare Institute v. Martin attempts, but ultimately fails, to bridge the divide over which level of analysis to apply for irreparable harm under …
Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton
Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton
Animal Law Review
This Article, presented by a former general counsel for WildEarth Guardians, discusses the organization’s attempts to protect imperiled species under the Endangered Species Act (ESA). By comparing extinction patterns from the past, we can see that the human impact on the Earth’s biodiversity is similar to that caused by past geological catastrophes. The ESA is the Noah’s Ark of our time, providing the best opportunity to help stem the tide of extinction. In analyzing the ESA, it is clear that the Act serves important human interests and is effective when utilized as intended. However, the United States Fish & Wildlife …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 21, Issue 1, 2014.
Dog Meat Trade In South Korea: A Report On The State Of The Trade And Efforts To Eliminate It, Claire Czajkowski
Dog Meat Trade In South Korea: A Report On The State Of The Trade And Efforts To Eliminate It, Claire Czajkowski
Animal Law Review
Within South Korea, the dog meat trade occupies a liminal legal space-neither explicitly condoned, nor technically prohibited. As a result of existing in this legal gray area, all facets of the dog meat trade within South Korea-from dog farms, to transport, to slaughter, to consumption-are poorly regulated and often obfuscated from review. In the South Korean context, the dog meat trade itself not only terminally impacts millions of canine lives each year, but resonates in a larger national context: raising environmental concerns, and standing as a proxy for cultural and political change. Part II of this Article describes the nature …
The Church Of Animal Liberation: Rights As 'Religion' Under The Free Exercise Clause, Bruce Friedrich
The Church Of Animal Liberation: Rights As 'Religion' Under The Free Exercise Clause, Bruce Friedrich
Animal Law Review
In this Article, I contend that a belief in animal liberation qualifies as religion under the Free Exercise Clause jurisprudence of the United States Constitution. Thus, every time a prison warden, public school teacher or administrator, or government employer refuses to accommodate the ethical belief of an animal liberationist, they are infringing on that person's religious freedom, and they should have to satisfy the same constitutional or statutory requirements that would adhere were the asserted interest based on more traditional religious exercise. One possible solution to the widespread violations of the First Amendment rights of animal liberationists would be the …