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Animal Law Commons

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2011

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Articles 1 - 30 of 42

Full-Text Articles in Animal Law

Permitting Pluralism: The Seal Products Dispute And Why The Wto Should Accept Trade Restrictions Justified By Noninstrumental Moral Values, Robert Howse, Joanna Langille Dec 2011

Permitting Pluralism: The Seal Products Dispute And Why The Wto Should Accept Trade Restrictions Justified By Noninstrumental Moral Values, Robert Howse, Joanna Langille

New York University Public Law and Legal Theory Working Papers

This Article examines the extent to which countries can use animal welfare concerns to justify placing restrictions on international trade, under the law of the World Trade Organization (WTO). We argue that non-instrumental moral and religious concerns should be a legitimate source of trade policy. To make this claim, we examine a current WTO dispute between the European Union (EU), Canada, and Norway. The EU has banned seal products from being sold in the EU, because of animal welfare concerns regarding how the animals are hunted and skinned. Canada and Norway have challenged this regulation at the WTO, arguing that ...


Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey (Presentation), Anne Louise Schillmoller Oct 2011

Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey (Presentation), Anne Louise Schillmoller

Anne Schillmoller

A Powerpoint slide presentation which, through the use of images and geospatial metaphors, explores the human-animal binary.


Endangered Species Act Lessons Over 30 Years, And The Legacy Of The Snail Darter, A Small Fish In A Pork Barrel, Zygmunt J.B. Plater Oct 2011

Endangered Species Act Lessons Over 30 Years, And The Legacy Of The Snail Darter, A Small Fish In A Pork Barrel, Zygmunt J.B. Plater

Zygmunt J.B. Plater

Why is it – amidst the flood of environmental statutes that poured into the law books and national consciousness in the remarkable decade of the 1970s – that the Endangered Species Act of 1973 (ESA) stands out as quite uniquely different? This Essay briefly surveys the ESA’s differentness, its special political context, the citizen suit of great notoriety that fired up the ESA’s political hotseat back in 1975, and what has changed and what has not in the years since that first eco-legal outburst.


In The Wake Of The Snail Darter: An Environmental Law Paradigm And Its Consequences, Zygmunt J.B. Plater Oct 2011

In The Wake Of The Snail Darter: An Environmental Law Paradigm And Its Consequences, Zygmunt J.B. Plater

Zygmunt J.B. Plater

Everything is connected to everything else: so goes the first law of ecology. This interconnectedness is reflected in environmental law as well, extending beyond natural science and particular resource conflicts to link environmental law intimately with the politics, philosophies, economics, and societal values that form its much larger context -- an ecology of human and natural systems. The Tellico Dam litigation reflected this interconnectedness. On its face, it was a simple environmental confrontation; it will be remembered as the "extreme" case of the little endangered fish, the snail darter, that almost stopped a Tennessee Valley Authority (TVA) dam. But if one ...


Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr Oct 2011

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 ...


The Wilderness Myth: How The Failure Of The American National Park Model Threatens The Survival Of The Iyaelima Tribe And The Bonobo Chimpanzee, Mark Hopson Sep 2011

The Wilderness Myth: How The Failure Of The American National Park Model Threatens The Survival Of The Iyaelima Tribe And The Bonobo Chimpanzee, Mark Hopson

Environmental and Earth Law Journal (EELJ)

The Wilderness Myth

Abstract by Mark Hopson

Contrary to popular opinion, and the vast majority of legal scholarship on the subject, the traditional American model for a national park is scientifically and logically unsound. Further, this model has been adopted at a terrible social cost to the indigenous tribes who lived on the land that became national parks. Every government that has chosen to implement the American national park model has done so at the expense of indigenous people.

This article chronicles the creation of the world’s first national parks, Yosemite and Yellowstone, and the legal battles involved. The ...


Aviation Wildlife Hazard - Uk Flight Safety Committee, Paul F. Eschenfelder Sep 2011

Aviation Wildlife Hazard - Uk Flight Safety Committee, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


The Global Politics Of Food: A Critical Overview, Beth Lyon, Nancy Ehrenreich Aug 2011

The Global Politics Of Food: A Critical Overview, Beth Lyon, Nancy Ehrenreich

Working Paper Series

In May 2010, the Universidad Iberoamericana Ciudad México hosted an international conference on The Global Politics of Food: Sustainability and Subordination, bringing together 33 academics and activists from seven countries to exchange ideas and information on The Global Politics of Food: Sustainability and Subordination. Published in the University of Miami Inter-American Law Review, the Symposium papers examine the complex ways in which the global food system reinforces hierarchies of power and privilege. “The Global Politics of Food: A Critical Overview” provides a substantive introduction to the Symposium, identifying the disparate strands of the vast field of food politics and suggesting ...


Felony Animal Cruelty Laws In New York, Stephen Iannacone Jul 2011

Felony Animal Cruelty Laws In New York, Stephen Iannacone

Pace Law Review

No abstract provided.


Agenda: Best Management Practices (Bmps): What? How? And Why?, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program, Research Partnership To Secure Energy For America, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project May 2011

Agenda: Best Management Practices (Bmps): What? How? And Why?, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program, Research Partnership To Secure Energy For America, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project

Best Management Practices (BMPs): What? How? And Why? (May 26)

The Environmentally Friendly Drilling Systems (EFD) Program, managed by the Houston Advanced Research Center, works to identify, develop and transfer critical, cost effective, new technologies that can provide policy makers and industry with the ability to develop natural gas reserves in a safe and environmentally friendly manner. Funding for the EFD Program is through a grant from the Research Partnership to Secure Energy for America, established under the 2005 Energy Act. Within the EFD Program, some projects focus on technologies for developing energy sources in environmentally sensitive areas; others (like the NRLC’s BMP Project) seek ways to reduce the ...


Slides: Arctic Ecosystem Services Measurement And Modeling Project, Eric Biltonen May 2011

Slides: Arctic Ecosystem Services Measurement And Modeling Project, Eric Biltonen

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Eric Biltonen, PhD, Environment Economist, Houston Advanced Research Center

8 slides


Slides: Master Development Plans (Mdps): Oil And Gas Projects, Mary Bloomstran May 2011

Slides: Master Development Plans (Mdps): Oil And Gas Projects, Mary Bloomstran

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

19 slides


Slides: Planning Tools: Wildlife Mitigation Plan (Wmp), Comprehensive Drilling Plan (Cdp), Geographic Area Plan (Gap), Ginny Brannon May 2011

Slides: Planning Tools: Wildlife Mitigation Plan (Wmp), Comprehensive Drilling Plan (Cdp), Geographic Area Plan (Gap), Ginny Brannon

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Ginny Brannon, Colorado Department of Natural Resources

7 slides


Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine May 2011

Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Timothy J. Considine, School of Energy Resources, Department of Economics and Finance, University of Wyoming

15 slides


Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett May 2011

Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

20 slides


Slides: Environmentally Friendly Drilling Systems Program, Rich Haut May 2011

Slides: Environmentally Friendly Drilling Systems Program, Rich Haut

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Rich Haut, Houston Advanced Research Center

6 slides


Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz May 2011

Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado School of Law

18 slides


Slides: Bmps For Reclamation: Do We Know What Is Effective?, Peter Stahl May 2011

Slides: Bmps For Reclamation: Do We Know What Is Effective?, Peter Stahl

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Pete Stahl, Wyoming Reclamation and Restoration Center

19 slides


Slides: The Economic Benefits Of Completing Initial Reclamation Successfully For Oil And Gas, David Chenoweth, David Holland, Gerald Jacob, Lindsey Kruckenberg, John Rizza, Bryan Whiteley May 2011

Slides: The Economic Benefits Of Completing Initial Reclamation Successfully For Oil And Gas, David Chenoweth, David Holland, Gerald Jacob, Lindsey Kruckenberg, John Rizza, Bryan Whiteley

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenters: Joe Schneider and Colby Reid, Western States Reclamation, Inc.

34 slides


Slides: Collaborative Planning And Lessons Learned, Matt Sura May 2011

Slides: Collaborative Planning And Lessons Learned, Matt Sura

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Matt Sura, University of Colorado Law School

48 slides


The History Of Zoological Gardens And The State, Federal And International Laws That Govern Them, Morgan Maxwell May 2011

The History Of Zoological Gardens And The State, Federal And International Laws That Govern Them, Morgan Maxwell

Honors College Capstone Experience/Thesis Projects

The history of zoos in North America can be traced back through 18th century Europe to ancient civilizations such as the Romans. The menageries of ancient Rome were far different from modern zoos that stress conservation, education, and research as primary objectives. Zoos are still evolving and changing to become more suitable for captive animals and to ensure their animals’ health and well-being. An examination of state wildlife laws reveals that there are more laws that pertain to wildlife at the state and local level than at any other level of government. Federal wildlife laws are few in number and ...


High Speed Flight At Low Altitude: Hazard To Commercial Aviation ?, Paul F. Eschenfelder , Capt. Mar 2011

High Speed Flight At Low Altitude: Hazard To Commercial Aviation ?, Paul F. Eschenfelder , Capt.

Paul F. Eschenfelder

Commercial aircraft are capable of, and in fact, do, operate at high speed (>250 knots indicated airspeed [KIAS]) at low altitude (below 10,000’ above ground level) worldwide. Design, construction and certification standards for these aircraft were developed over 40 years ago. Since the development of these standards populations of large flocking birds have increased dramatically in many parts of the world. Yet neither design/construction standards nor operational practice have changed to reflect the new threat. Subsequent serious damage resulting from recent collisions indicates change is necessary. Since 2003, flight rules in Canada and the United States have been ...


Integrating Avian Radar Into The Aviation Operating Environment, Richard Sowden, Paul Eschenfelder Mar 2011

Integrating Avian Radar Into The Aviation Operating Environment, Richard Sowden, Paul Eschenfelder

Paul F. Eschenfelder

Avian radar technology has matured to the point where robust data and analysis tools are now able to provide the aviation industry with high quality information to support bird strike risk mitigation activities. The aviation operating environment is dynamic and challenging with complex interactions between the primary bird strike risk mitigation stakeholders; airport operators, air traffic service providers and flight crews. The transfer of this proof of concept technology into a suite of tools that is integrated into the aviation industry requires the engagement and support of the user community in the next critical evolutionary step of this emerging technology ...


The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon Feb 2011

The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon

Louise Harmon

No abstract provided.


Erau Aviation Wildlife Hazard Newsletter, Paul Eschenfelder Jan 2011

Erau Aviation Wildlife Hazard Newsletter, Paul Eschenfelder

Paul F. Eschenfelder

No abstract provided.


Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman Jan 2011

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 ...


Protection For The Powerless: Political Economy History Lessons For The Animal Welfare Movement, Jerry L. Anderson Jan 2011

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 Jan 2011

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 ...


Trademark Protection Of Live Animals: The Bleat Goes On, 10 J. Marshall Rev. Intell. Prop. L. 715 (2011), Lee B. Burgunder Jan 2011

Trademark Protection Of Live Animals: The Bleat Goes On, 10 J. Marshall Rev. Intell. Prop. L. 715 (2011), Lee B. Burgunder

The John Marshall Review of Intellectual Property Law

The Wall Street Journal recently reported that the owner of a Swedish restaurant was suing other businesses for violating its registered trademark, which surprisingly consists of live goats on a grass roof. The PTO and the courts have steadily enlarged the set of trade dress features that might serve as trademarks, and there is no reason, in theory, to treat live animals differently. Nevertheless, the PTO likely made a mistake in this instance when it agreed to register the mark. This article evaluates the requirements for protecting trade dress with trademarks, and explains why a Swedish restaurant should not have ...


Cage-Free, Free-Range, Organic? Why Animal Welfare Depends On A New Government Labeling Scheme, Tabitha N. Mitchell Jan 2011

Cage-Free, Free-Range, Organic? Why Animal Welfare Depends On A New Government Labeling Scheme, Tabitha N. Mitchell

Student Articles and Papers

No abstract provided.