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Articles 331 - 360 of 360
Full-Text Articles in Animal Law
Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl
Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl
Animal Law Review
Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry’s First Amendment right to free expression.
The Economic Value Of Companion Animals: A Legal And Anthropological Argument For Special Valuation, Geordie Duckler
The Economic Value Of Companion Animals: A Legal And Anthropological Argument For Special Valuation, Geordie Duckler
Animal Law Review
Mr. Duckler delves into valuation issues that arise in the context of recovery of non-economic damages for death and injury to companion animals. He argues that the special nature of companion animals in society necessitates an assigned monetary worth to such animals that is distinct from and exceeds mere market value. As support for this contention, Mr. Duckler provides relevant legal, sociological, and anthropological analyses.
2001 Legislative Review, Laurie Fulkerson
Animal Law And Animal Rights On The Move In Sweden, Helena Striwing
Animal Law And Animal Rights On The Move In Sweden, Helena Striwing
Animal Law Review
Ms. Striwing, an attorney at law in Sweden, provides a glimpse into Swedish laws and practices affecting animals in that country. She discusses the development and characteristics of such laws and offers suggestions regarding implementation and enforcement that may also be utilized by other countries in their quests to afford animals greater legal protections.
The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson
The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson
Animal Law Review
Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.
Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland
Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland
Animal Law Review
Ms. Ireland explores the methodologies, ethics, and dangers of canned hunting and offers ways to challenge the practice through existing and proposed state and federal statutes. In so doing, Ms. Ireland examines statutory law as it relates to exotic animals, the definition of “animal,” the anti-cruelty exemptions, and husbandry practices. Finally, the feasability of statutory enforcement by agencies is examined.
Could A Chimpanzee Or Bonobo Take The Stand?, Angela Campbell
Could A Chimpanzee Or Bonobo Take The Stand?, Angela Campbell
Animal Law Review
No abstract provided.
Dead Dog Running: The Cruelty Of Greyhound Racing And The Bases For Its Abolition In Massachusetts, Erin N. Jackson
Dead Dog Running: The Cruelty Of Greyhound Racing And The Bases For Its Abolition In Massachusetts, Erin N. Jackson
Animal Law Review
Under the guise of sport, greyhound racing persists in Massachusetts and sixteen other states, despite the industry's notoriety for animal abuse. The cruel practices employed in greyhound racing, including the culling of litters; the use of live lures in training; the provision of substandard living conditions and care; and the systemic, premature killing of greyhounds bear undeniable likeness to the barbarity perpetrated in the illicit animal fighting sports of bullfighting, dogfighting, and cockfighting. Yet, greyhound racing masquerades in the Commonwealth as an innocuous pastime, even though the industry-wide, calculated refusal to provide care for and consequent killing of throngs of …
Front Matter
Animal Law Review
Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Review Volume 7, Issue 1.
The Role Of Animals In Livable Communities, Earl Blumenauer
The Role Of Animals In Livable Communities, Earl Blumenauer
Animal Law Review
No abstract provided.
Ten Lessons Our Constitutional Experience Can Teach Us About The Puzzle Of Animal Rights: The Work Of Steven M. Wise, Laurence H. Tribe
Ten Lessons Our Constitutional Experience Can Teach Us About The Puzzle Of Animal Rights: The Work Of Steven M. Wise, Laurence H. Tribe
Animal Law Review
No abstract provided.
Dismantling The Barriers To Legal Rights For Nonhuman Animals, Steven M. Wise
Dismantling The Barriers To Legal Rights For Nonhuman Animals, Steven M. Wise
Animal Law Review
No abstract provided.
Crime Victims' Rights: Critical Concepts For Animal Rights, Douglas E. Beloof
Crime Victims' Rights: Critical Concepts For Animal Rights, Douglas E. Beloof
Animal Law Review
It is simultaneously intimidating and presumptuous to make observations about a movement that one is not intimately involued in. I am not an animal rights scholar. However, I am in the dignity recognition business. As a legal advocate and academic, I work to promote the dignity of human victims of crime. I have written the only casebook for law students about crime victims law, consult with Congress about crime victim law, and advise attorneys and victim organizations around the country. I also lwt·e considerable experience in taking movements and moving them into practical operations within prosecutors' offices; for example, in …
A Step At A Time: New Zealand's Progress Toward Homonid Rights, Rowan Taylor
A Step At A Time: New Zealand's Progress Toward Homonid Rights, Rowan Taylor
Animal Law Review
All members of the Homindae Family (humans, chimpanzees, bonobos, gorillas, and orangutans) share complex cognitive aptitudes not shared by most other animals. Yet only human hominids have legal rights to life and personal security. The campaign to win fundamental rights for all hominids took a small but significant step forward in 1999 when New Zealand's Animal Welfare Act banned the use of non-human hominids in research, testing, and teaching except where such uses are in the hominids' best interests. In preventing human interests from trumping non-human ones, the Act took a first step toward dismantling speciesism within the hominid family. …
Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau
Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau
Animal Law Review
This article offers an extended analogy for the purpose of posing basic questions about proposals for granting legal rights to some nonhuman animals. The analogy is drawn from the precedent-breaking eighteenth century English case Somerset v. Stewart, which liberated an African slave. The article argues that one can identify features of the eighteenth century debate which illuminate features of today's debate over proposed uses of centrally important legal concepts for some nonhuman animals. Using the comparison for the limited task of highlighting the complex cultural backdrop in each situation, the article suggests that the comparison helps one see the nature …
Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii
Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii
Animal Law Review
Trade in endangered species is a complicated issue. The trade in ivory creates tensions between western conservation-driven beliefs and developing countries' reliance on wildlife as a resource. This article examines the recent decision under the Convention on International Trade in Endangered Species (CITES) to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan. Since trade in endangered species involves many different disciplines, this paper touches on biology, international law, economics, and public policy. In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls …
"Cruelty To Police Dog" Laws Update, Craig Scheiner
"Cruelty To Police Dog" Laws Update, Craig Scheiner
Animal Law Review
Mr. Scheiner updates his article, Statutes with Four Legs to Stand On?: An Examination of "Cruelty to Police Dog" Laws, published in Volume 5 of Animal Law.
Rebuilding The Wall, Bill Davis
Rebuilding The Wall, Bill Davis
Animal Law Review
The debate about whether nonhuman animals deserve legal rights encompasses an ever broadening range of theories and strategies. Most thinkers pushing for nonhuman animal rights reject speciesism, which they view as an often tacit foundation for their adversaries' arguments. Yet almost every current contributor to the debate-whether they favor or disfavor the extension of rights beyond the human sphere-engages in some form of intelligenceism by focusing disproportionate attention on humanlike animals. This essay submits that nonhuman animal advocates must recognize this pervasive intelligenceist bias and be wary of the detrimental effects its substitution for speciesism could have on their long-term …
Recovery Of "Non-Economic" Damages For Wrongful Killing Or Injury Of Companion Animals: A Judicial And Legislative Trend, Sonia S. Waisman, Barbara R. Newell
Recovery Of "Non-Economic" Damages For Wrongful Killing Or Injury Of Companion Animals: A Judicial And Legislative Trend, Sonia S. Waisman, Barbara R. Newell
Animal Law Review
The emotional bond between humans and their animal companions can be as strong as that experienced between two people, and animal companions are often looked upon and treated as members of the family. When they are wrongfully killed or injured, however, the legal system traditionally has not adequately recognized this important relationship. Instead, recovery has been limited to the market value of the animals. It is time for state laws to explicitly acknowledge the significance of the human-animal companion relationship and codify recovery for such non-economic injuries as emotional distress and loss of companionship. This article examines why damages for …
2000 Legislative Review, Alicia Finigan
2000 Legislative Review, Alicia Finigan
Animal Law Review
Our third Legislative Review reports the passage and de- feat of several state and federal, administrative and legislative actions. Ms. Laurie Fulkerson has researched and written on four major pieces of federal legislation; Mr. Chris Brown has discussed additional federal advances, and a review of state initiatives which both advance and undermine animal welfare; Ms. Amy Baggio has reviewed the passage of state anti-cruelty statues. Finally, Ms. Alicia Finigan has reported on the United State's Pelly Amendment certification of Japan for violating the International Whaling Commission's resolution to cease its illusory "research whaling" for minke, sperm and Bryde's whales.
The Forest Service's Bait And Switch: A Case Study On Bear Baiting And The Service's Struggle To Adopt A Reasoned Policy On A Controversial Hunting Practice Within The National Forests, Eric Glitzenstein, John Fritschiet
The Forest Service's Bait And Switch: A Case Study On Bear Baiting And The Service's Struggle To Adopt A Reasoned Policy On A Controversial Hunting Practice Within The National Forests, Eric Glitzenstein, John Fritschiet
Animal Law Review
The USFS’s reluctant and haphazard attempts to develop a national policy on bear baiting and the resulting legal challenges.
From Microbe To Man, Mark O. Hatfield
From Microbe To Man, Mark O. Hatfield
Animal Law Review
Federal policy toward animal patenting and current issues in bioethics.
Contradictions Will Out: Animal Rights V. Animal Sacrifice In The Supreme Court, Henry Mark Holzer
Contradictions Will Out: Animal Rights V. Animal Sacrifice In The Supreme Court, Henry Mark Holzer
Animal Law Review
A critique of the Supreme Court’s controversial Lukumi case which upheld religious sacrifice of animals.
Federal Animal Protection Statutes, Henry Cohen
Federal Animal Protection Statutes, Henry Cohen
Animal Law Review
Brief summaries of federal animal protection statutes.
How Nonhuman Animals Were Trapped In A Nonexistent Universe, Steven M. Wise
How Nonhuman Animals Were Trapped In A Nonexistent Universe, Steven M. Wise
Animal Law Review
The development of the common law as it concerns the relationships between human and nonhuman animals.
The Pet Theft Act: Congressional Intent Plowed Under By The United States Department Of Agriculture, Nancy Goldberg Wilks
The Pet Theft Act: Congressional Intent Plowed Under By The United States Department Of Agriculture, Nancy Goldberg Wilks
Animal Law Review
In promulgating regulations under the Pet Theft Act, the USDA erred in interpreting the law, and misapplied basic rules of statutory construction.
Honorable Discharge: Paws V. Department Of The Navy, Andrea Vitalich
Honorable Discharge: Paws V. Department Of The Navy, Andrea Vitalich
Animal Law Review
Case analysis and argument that the Washington district court’s NEPA analysis could lead to heightened protection for animals.
Front Matter
Animal Law Review
Front matter includes Title Page, Masthead, and Table of Contents for Animal Law Review Volume 1, Issue 1, 1995.
Time For A Sharper Legal Focus, David Favre
Time For A Sharper Legal Focus, David Favre
Animal Law Review
An introduction to the premiere issue of Animal Law.
Animal Rights Cause Gains Credibility, Al Johnson
Animal Rights Cause Gains Credibility, Al Johnson
Animal Law Review
Comparison of John Stuart Mill’s social movement theory to the animal rights movement.