Animal Law Commons^™

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Jonathan Wood

The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …

The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, William M. Mclaren

Will McLaren

Should regulators have an affirmative burden to show industrial livestock facilities are polluting before imposing permit requirements, or should facility owners have a duty to apply for permits? This article analyzes that question in the context of water quality permitting and the concentrated livestock industry, with an emphasis on permitting regimes under the Clean Water Act (CWA).

Concentrated animal feeding operations (CAFOs) have, in the past decade, received a decisive answer to the above inquiry. In Waterkeeper Alliance v. EPA and National Pork Producers v. EPA, two federal appellate courts determined that CAFOs have no duty to apply for a …

- A Favor O En Contra De Los Espectaculos Taurinos: Por Sus Resoluciones Los Conocereis., Beatriz A. Franciskovic Ingunza

Beatriz A. Franciskovic Ingunza

No abstract provided.

¿Ley Vigente Válida E Ineficaz O Inválida E Ineficaz? - Ley N° 27265 Ley De Protección A Los Animales Domésticos Y A Los Animales Silvestres Mantenidos En Cautiverio, Beatriz A. Franciskovic Ingunza

Beatriz A. Franciskovic Ingunza

No abstract provided.

Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border, Marya Torrez

Marya Torrez

The reproductive justice movement aims to be an intersectional and inclusionary movement by focusing on the reproductive oppression of women of color, immigrants, low income women, disabled women, and other populations who have been historically excluded from or ignored by the mainstream reproductive rights movement. However, there is one group of individuals who have been nearly completely excluded from the reproductive justice lens: nonhuman animals. While most feminists and reproductive justice advocates would consider the idea that nonhuman animals could possibly be considered within the reproductive justice framework preposterous, this article argues, not only that it makes sense to include …

Meatless Monday: Simple Public Health Suggestion Or Extremist Plot?, Marya Torrez

Marya Torrez

In 2012, the United States Department of Agriculture (USDA) immediately backed down from its support of Meatless Monday – a public health campaign aimed at improving health and lessening environmental destruction by eliminating meat from the diet one day a week – when animal agriculture and the members of Congress who support their industry publicly complained. This article argues that USDA’s decision to bow to pressure from animal agriculture in this instance exemplifies the agency’s inability to provide good nutritional and public health information to the American public. The article first examines the background of the Meatless Monday campaign and …

- Los Animales Desde Una Perspectiva Del Derecho ¿Son Realmente Objetos De Derecho O Requieren De Una Nueva Categorización?., Beatriz A. Franciskovic Ingunza

Beatriz A. Franciskovic Ingunza

No abstract provided.

The Primary Right, Carter Dillard

Carter Dillard

As climate change materializes, legal theorists face the urgent need to develop a normative baseline for environmental regulation. Meanwhile, in the seemingly unrelated field of political exit theory, theorists have presumed that while one ought to be able to exit any polity one cannot exit all polities. This essay challenges that presumption, and simultaneously addresses the baseline problem in environmental law, by combining the analyses to develop a new human right derived from exit right theory called the primary right: a general claim-right of reasonable access to wilderness. The derivation is simple: If consent is necessary to justify political association, …

Empathy With Animals: A Litmus Test For Legal Personhood?, Carter Dillard

Carter Dillard

Is there any relationship between the disposition of some humans to empathize with and respond to the interests of nonhuman animals, and the criteria we ought to use for determining who becomes a legal person? This brief essay argues that there is, by employing a thick conception of legal personhood, and suggests that criteria be used to determine who constitutes our legality in the future.

Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss

Rebecca J. Huss

This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. The Article begins by analyzing the federal law applicable to students bringing service and assistance animals to campus. The use of animal-assisted activities on campus is also explored. The Article continues with an examination of policies allowing students to have companion animals in campus housing. Concerns raised by administrators about allowing animals on campus are then considered. Finally, the Article sets forth the measures an educational institution should implement to ensure compliance with the law and proposes actions that can …

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …

Protection For The Powerless: Political Economy History Lessons For The Animal Welfare Movement, Jerry L. Anderson

Jerry L. Anderson

In the last several decades, animal agriculture has experienced a dramatic shift in production methods, from family farms to concentrated industrial operations, with societal consequences comparable to the Industrial Revolution of the nineteenth century. The new confinement operations raise significant moral questions regarding the humane treatment of animals subject to modern methods that emphasize economics over animal welfare. The success of the animal welfare movement, however, hinges on whether society will adopt regulations, based on moral considerations, that are directly opposed to its economic self-interest. The situation is remarkably similar to the plight of child laborers caught in the transformation …

Mctorts: The Social And Legal Impact Of Mcdonald's Role In Tort Suits, Caroline Forell

Caroline A Forell

This Article looks at the impact of McDonald’s on public policy and tort law from historical and social psychology perspectives, following McDonald’s from its beginnings in the mid-1950’s through today. By examining McDonald’s Corp. v. Steel and Morris (McLibel), Liebeck v. McDonald’s Restaurants (Hot Coffee), and Pelman v. McDonald’s Corp. (Childhood Obesity), I demonstrate that certain tort cases involving McDonald’s have had particularly important social and legal consequences that I attribute to McDonald’s special influence over the human psyche, beginning in childhood. In explaining McDonald’s extraordinary power over the public imagination and how this affects lawsuits involving it, I rely …

Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman

D. A. Jeremy Telman

Peter Lovenheim owned a small stake in Iroquois Brands, Ltd (Iroquois). He proposed that the corporation discontinue its distribution of one product, pâté de foie gras, because he objected to the treatment of the geese necessary to the production of the product. Under federal regulations, Iroquois was required to include such proposals in the proxy materials it sent out in advance of its annual shareholder meeting unless an exception applied. Iroquois Brands thought it could exclude the proposal because the product in question constituted a trivial part of its business. Lovenheim went to the District Court seeking an order requiring …

Canines In The Classroom: Service Animals In Primary And Secondary Educational Institutions, Rebecca J. Huss

Rebecca J. Huss

This Article focuses on the issue of whether a child with a disability has the legal right to attend a primary or secondary school with a service animal. It begins by setting forth basic information regarding the children who are currently receiving special education services and discussing the increasing number of animals placed into service with individuals under the age of eighteen, focusing on the recent trend of utilizing service animals to assist children with an autism spectrum disorder. Studies relating to the common argument against allowing service animals in schools – the impact of service animals on others with …

Wildlife Rights, David Favre

David Favre

Abstract: This article begins by briefly exploring the extent to which wildlife, historically and presently, have a place within our society, culture and legal system. Then, building upon the reality that wildlife, like humans, have personal interests in living their individual lives, suggests five principles for developing laws and programs to better accommodate wildlife interests in the legal system. Individuals, species and geographic groups are presented as focus points for thinking about wildlife interests. Additionally, the three possibilities of who should be the plaintiff for asserting wildlife rights are described: government, private parties and the wildlife themselves. Finally, the article …

Valuing Having Children, Carter Dillard

Carter Dillard

Are there objective values on which to base the claim of a right to procreate? Can we articulate reasons for having children so powerful that they justify our doing so, as a matter of right, even where it would conflict with the interests and values of others? This Article systematically and critically examines many of the values that, before now, courts and commentators have simply presumed and relied upon when making the claim that there is and ought to be a fundamental right to have children. This Article first develops a methodology for examining the values and interests on which …

Future Children As Property, Carter Dillard

Carter Dillard

Between Skinner v. Oklahoma and the advent of modern substantive due process, procreation, at least in the eyes of many courts and commentators, became entrenched as a fundamental, if not absolute, right. And yet ironically, the establishment of this right, often taken as symbolic of personal liberty, has diminished autonomy for those persons inevitably caught on the other end of it – our future children. Expanding procreative autonomy has diminished public norms that might otherwise ensure that future children are born into circumstances that also expand their autonomy. Instead, the broad, modern, privacy-based version of the right to procreate leaves …

Antecedent Law: The Law Of People Making, Carter Dillard

Carter Dillard

In our conception of law we have largely presumed the process by which the people whose behavior the law is meant to regulate come to be present and susceptible to the law's influence. As a result, that process is largely outside of our account of the law, and any role the law might have over the matter is relatively ignored. This article introduces a simple and concrete conceptual device, a form of law called antecedent law, which seeks to undo this presumption and refocus our attention on that which can determine the presence of persons in the polity and their …

Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss

Rebecca J. Huss

This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.Note from Author: After the publication of this article, in July 2010, final regulations for the ADA were released. These final regulations can be found at 75 Fed. Reg. 56164 (Sept. 15, 2010) (applying to state and …

Child Welfare And Future Persons, Carter Dillard

Carter Dillard

While ethicists have delved deep into the rights and wrongs of procreating, lawyers have had little to say about the matter, stymied by practical concerns, the tendency of the law to ignore prospective children and their interests, and the misperception that a fundamental rights boundary absolutely forbids state intervention. But recently a small door has opened in this wall between law and ethics: as courts faced with having to repeatedly remove abused and neglected children from parents adjudged unfit have issued temporary no-procreation orders. As precedent builds and the possibility of ex ante regulation of procreation and parenthood grows, a …

The Pervasive Nature Of Animal Law: How The Law Impacts The Lives Of People And Their Animal Companions, Rebecca J. Huss

Rebecca J. Huss

Faculty members at Valparaiso University School of Law who attain the rank of full professor are expected to deliver an inaugural lecture to the University community and the public at large. This article is based on that lecture, delivered on September 25, 2008. This Article begins by distinguishing between “animal law,” “animal rights,” and “animal welfare” and discussing the growth of the field of animal law. It continues by setting forth the statistics on the number of companion animals in the United States (“U.S.”) and information about the households who have companion animals. The remainder of the article analyzes some …

Using "A Jury Of Her Peers" To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell

Caroline A Forell

In this essay I examine Susan Glaspell’s short story, A Jury of Her Peers, in the context of teaching about the connection between domestic violence and animal abuse in an Animal Law course. I discuss how Glaspell’s story, in which the motive for a woman killing her husband is his killing of her pet bird, enables students to better understand the perspective of battered women who behave in certain ways because they have pets. I pose several questions concerning how the law would and should respond when a battered woman reacts with violence to the killing or serious injury of …

Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss

Rebecca J. Huss

The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff's Department seized fifty-three pit bulls from Vick's home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether …

Rethinking The Procreative Right, Carter Dillard

Carter Dillard

Few principles are as universally accepted in legal scholarship today, but based on such scant support, as the fundamental nature and broad scope of the right to procreate. What is perceived as a vague but nonetheless justified legal and moral interest to procreate freely without regard to others is, upon closer examination, based on little more than misconstrued or inapposite case precedent and blurry statements in non-binding sources of international law. By relying on this authority, conflating procreation with conceptually distinguishable behaviors, presuming its intrinsic value, and ignoring competing rights and duties, lawyers have largely overlooked procreation and its legal …

Rescue Me: Legislating Cooperation Between Animal Control Authorities And Rescue Organizations, Rebecca J. Huss

Rebecca J. Huss

Notwithstanding the overwhelming evidence that shows how important pets are to many people in the United States, the leading cause of death for dogs and cats in this country is euthanasia because of the lack of homes. Although progress has been made, conservative estimates are that between three and four million dogs and cats are euthanized each year. A successful program for implementing non-lethal strategies to control the pet population incorporates three prongs: (a) increasing adoptions, (b) increasing the number of animals sterilized and (c) increasing the number of animals retained in homes. This Article focuses on the legislative actions …

No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss

Rebecca J. Huss

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contracts clauses.

Recent Developments In Animal Law, Rebecca J. Huss

Rebecca J. Huss

This article focuses on recent developments in litigation and legislation involving the injury or death of animals. The article first discusses recent veterinary malpractice cases where the central issue was not related to damages. Next, the article analyzes recent cases that have focused on the appropriate way to value animals that have been injured or killed due to the tortious acts of another. Finally, this article highlights recent legislative efforts that allow for civil suits based on the injury or death of an animal.

False Advertising, Animals, And Ethical Consumption, Carter Dillard

Carter Dillard

In light of the fact that today's consumers often want their products to be created in the most environmentally, globally, and animal friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. False advertising law represents a rare, albeit roundabout, legal opening for animal advocates to deal with issues of animal mistreatment, regardless of legislative and executive branch disregard of the importance of animal protection. Whether there is a beneficial change in the law or not, current opportunities in the market for these cases should be sought …

Valuation In Veterinary Malpractice, Rebecca J. Huss

Rebecca J. Huss

This article begins with a description of veterinarians and the status of veterinary malpractice. Next, the article considers the elements and key issues involved in veterinary malpractice. The article then analyzes the current law relating to damages available in veterinary malpractice suits. Finally this paper considers whether the way current damage calculations are being made is apprpriate and advocates the the adoption of statutory provisions allowing capped non-economic damages in these cases.