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Articles 1 - 13 of 13
Full-Text Articles in Animal Law
Exotic Pets Invade United States Ecosystems: Legislative Failure And A Proposed Solution, Robert Brown
Exotic Pets Invade United States Ecosystems: Legislative Failure And A Proposed Solution, Robert Brown
Dr Robert Brown
No abstract provided.
- Los Animales Desde Una Perspectiva Del Derecho ¿Son Realmente Objetos De Derecho O Requieren De Una Nueva Categorización?., Beatriz A. Franciskovic Ingunza
- 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.
Bred Meat--The Cultural Foundation Of The Factory Farm, David N. Cassuto
Bred Meat--The Cultural Foundation Of The Factory Farm, David N. Cassuto
David N Cassuto
This article argues that the ability of large-scale industrial farms to commodify animals in the face of strong countervailing social forces stems in large part from the legal system’s embrace of a secularized but nonetheless deeply religious vision of human ascendancy. Within this belief system, animals comprise beings through whom we define ourselves by contrast and to whom we deny ingress to the legal system. The impulse to increase protections for nonhuman animals is offset by institutionally privileged categories of behavior that commodify nonhumans and strip them of legal defenses. The resulting lattice of laws purports to safeguard animals while …
Legal Standing For Animals And Advocates, David N. Cassuto
Legal Standing For Animals And Advocates, David N. Cassuto
David N Cassuto
For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal's interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish standing? In this panel, experts in animal litigation discuss the concept …
United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto
United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto
David N Cassuto
Robert J. Stevens, proprietor of “Dogs of Velvet and Steel,” was indicted for marketing dog-fighting videos in violation of 18 U.S.C. §48, a law criminalizing visual or auditory depictions of animals being “intentionally mutilated, tortured, wounded, or killed” if such conduct violated federal or state law where “the creation, sale, or possession [of such materials]” takes place.” The law aimed principally at makers and distributors of “crush videos” wherein women wearing high heels and depicted from the waist down, grind small animals to death. However, the language of 18 U.S.C. §48 extended to dog-fighting as well. Stevens challenged the law …
Owning What You Eat: The Discourse Of Food, David N. Cassuto
Owning What You Eat: The Discourse Of Food, David N. Cassuto
David N Cassuto
This essay examines the role of communication in the formation of law and social norms and the implications of that role for animal law and ethics. Part III contextualizes animal law within contemporary risk society. Part IV looks at how efficiency has transformed from an economic concept into a normative guideline and discusses how that transformation has affected animals and agriculture. It tracks the rise of industrial agriculture and ties it to this fundamental misunderstanding of the concept of efficiency. The essay concludes with some thoughts on how to reformulate contemporary notions of efficiency and ethics to account for the …
Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey, Anne Schillmoller
Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey, Anne Schillmoller
Anne Schillmoller
The paper seeks articulate possibilities for a reciprocal ground of animality, a non hegemonic conceptual frontier within which the sovereign terrain of liberal humanism might yield to networks of alliances and reciprocities among human and other animals. The objective is to locate topographies where the conditions of creaturely life may be conceptualised in relational and non anthropocentric terms. It seeks to identify possibilities for a discourse of animality which avoids the haunting spectre of humanism. Specifically, it explore routes which may avoid the dualisms of western thought and identify alternative ways by which animality might be conceptualised and represented. Its …
The Primary Right, Carter Dillard
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
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
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 …
Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder
Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder
Paul F. Eschenfelder
No abstract provided.
Enforcing Animal Welfare Statutes: In Many States, It’S Still The Wild West, Elizabeth Rumley, Rusty Rumley
Enforcing Animal Welfare Statutes: In Many States, It’S Still The Wild West, Elizabeth Rumley, Rusty Rumley
Elizabeth Rumley
Authority to enforce animal welfare laws has been delegated to private citizens involved with humane organizations since the 1880s when the majority of those statutes were originally passed. Currently, over half of the states and the District of Columbia grant some form of law enforcement power to members or officers of humane societies. The authority ranges from the power to arrest to the ability to seize and destroy private property. In some cases it includes the right to carry a firearm-- even, in one state, as a convicted felon-- while engaging in law enforcement activities. After a brief history of …
The Origins And Efficacy Of Private Enforcement Of Animal Cruelty Law In Britain, Jerry L. Anderson
The Origins And Efficacy Of Private Enforcement Of Animal Cruelty Law In Britain, Jerry L. Anderson
Jerry L. Anderson
In 1822, the British Parliament enacted a landmark statute to punish the abuse of animals, known as Martin’s Act, named after Richard Martin, MP, who championed the bill. The Act provided a criminal penalty of up to £5 for the cruel treatment of cattle, a term which included horses, oxen, and sheep. Because the Act was the first national statute aimed at animal cruelty, scholars have naturally focused on its substance, which established an important new norm governing the relationship between humans and other animals. However, the Act would not have been successful without vigorous prosecution, which helped define the …