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Full-Text Articles in Law
Animal Rights Unraveled: Why Abolitionism Collapses Into Welfarism And What It Means For Animal Ethics, Luis E. Chiesa
Animal Rights Unraveled: Why Abolitionism Collapses Into Welfarism And What It Means For Animal Ethics, Luis E. Chiesa
Journal Articles
Most people support laws that seek to reduce the suffering of animals. Yet animal cruelty statutes and other kinds of animal welfare laws are under sustained attack by the so-called abolitionists. Animal rights abolitionists claim that it is categorically wrong to treat animals as commodities, and animal welfare laws should be opposed because they do not alter the property status of animals. Abolitionists also claim that animal welfare regulations do not meaningfully reduce animal suffering. In fact, abolitionists argue that such statutes likely increase future animal suffering, either by delaying the advent of abolition or by soothing the conscience of …
From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley
From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley
Journal Articles
The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold the exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the …
Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients, Kim Diana Connolly
Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients, Kim Diana Connolly
Journal Articles
This article explores some of the ethical situations that environmental and natural resource lawyers can encounter when counseling clients. It begins by exploring the Model Rule of Professional Conduct (MRPC) 2.1, regarding counsel’s role as “advisor,” which provides that appropriate client counseling refers not only to law, but also to moral, economic, social, and political factors, when making decisions. It also explores the environmental lawyer’s ability to withdraw from representation pursuant to MRPC 1.16. It places the obligations and options under these rules and other mandates in the environmental and natural resource context, and encourages attorneys practicing in the area …