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Articles 1 - 30 of 47
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.
Service Animals In Training And The Law: An Imperfect System., Darcie Magnuson
Service Animals In Training And The Law: An Imperfect System., Darcie Magnuson
The Scholar: St. Mary's Law Review on Race and Social Justice
The Americans with Disabilities Act (ADA) does not provide protection for service animals in training anywhere in public places, including workplaces and government buildings. Individual state statutes may or may not grant service animals in training access to places of public accommodations, public buildings, or places of employment. Similarly, neither the Air Carrier Access Act (ACAA) nor the Fair Housing Act (FHA) Amendments afford rights and privileges in air transportation and housing, respectively, to service animals in training. Without service animals, individuals with disabilities would not be able to equally access society or fully participate in many activities. However, without …
The Thirteenth Amendment Won't Help Free Willy., Sheri Flannery
The Thirteenth Amendment Won't Help Free Willy., Sheri Flannery
The Scholar: St. Mary's Law Review on Race and Social Justice
Orcas are not afforded any relief under the Thirteenth Amendment. Animal rights advocates, namely People for the Ethical Treatment of Animals (PETA), alleged animals have the right to be free from slavery and involuntary servitude as guaranteed by the Thirteenth Amendment. Although the Thirteenth Amendment has been extended beyond African slavery, its protections have never been granted to anything other than human beings. The United States Supreme Court’s examination and interpretation of the Thirteenth Amendment concluded that animals are not afforded such protections under this amendment. The Court reasoned that the Thirteenth Amendment only applied to humans and not animals. …
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 …
The History Of Animal Welfare Law And The Future Of Animal Rights, Marie Blosh
The History Of Animal Welfare Law And The Future Of Animal Rights, Marie Blosh
Electronic Thesis and Dissertation Repository
Animals were included within the protection of the law in the early nineteenth century. Why have there been so few advances since then? Discussion about this question tends to focus on the moral and legal status of animals. That is undoubtedly an important issue, but it stems from a tradition that looks for the singular trait that distinguishes humans from all other animals. This thesis uses an historical approach to explore the tension between the humane impulse to alleviate animal suffering and the sense of human superiority that permits animal exploitation. The conclusion is that animal rights theory could build …
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)
On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …
Non-Economic Damages In Pet Litigation: The Serious Need To Preserve A Rational Rule, Victor E. Schwartz, Emily J. Laird
Non-Economic Damages In Pet Litigation: The Serious Need To Preserve A Rational Rule, Victor E. Schwartz, Emily J. Laird
Pepperdine Law Review
No abstract provided.
Chimpanzee Personhood: Supporting Scientific Documentation, Jonathan Balcombe
Chimpanzee Personhood: Supporting Scientific Documentation, Jonathan Balcombe
Sentience Collection
The aim of this document is to provide scientific support for granting chimpanzees and bonobos the legal status of persons. The studies summarized here have been selected because they show these species to have levels of awareness, cognition, emotionality and virtue that rivals that of their hominid cousins, Homo sapiens. Chimps, like other great apes, have long-term relationships, grieve the loss of a loved-one, can solve complex puzzles, display a sense of justice, and can learn hundreds of signs and put them together in logical sentences.
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
Pepperdine Law Review
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.
Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch
Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch
Michigan Journal of International Law
Like many fish, sharks are facing unprecedented overfishing. They have been targeted both directly for their fins and caught accidentally (bycaught) in, for instance, tuna fisheries. This has led to collapsing stocks around the world. Overfishing has led to what has been termed a mass extinction among ocean species, and sharks are no exception-they are in fact especially vulnerable. As a result, many species of sharks are now listed on the Red List of the International Union for Conservation of Nature (IUCN). This problem can only be tackled through coordinated, cooperative action by all states. This Note explores one avenue …
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 …
Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman
Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman
Law Faculty Publications
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 …
Bird Red List And Its Future Development In Mongolia, Sundev Gombobaatar, D. Samiya, Jonathan M. Baillie
Bird Red List And Its Future Development In Mongolia, Sundev Gombobaatar, D. Samiya, Jonathan M. Baillie
Erforschung biologischer Ressourcen der Mongolei / Exploration into the Biological Resources of Mongolia, ISSN 0440-1298
With the involvement of the World Bank, Zoological Society of London, Dutch Government and National University of Mongolia, the volumes of Mongolian Red Lists of Fish, Amphibians and Reptiles, Birds and Mammals were completed, and Mongolia is now among the few nations that have up-to-date conservation assessments for all vertebrates. Of the 476 assessed native bird species of Mongolia, 10% were categorized as regionally threatened including Near Threatened. A further 0.6% were categorized as Critically Endangered (CR), 1.7% as Endangered (EN), 3.3% as Vulnerable (VU), and 4.4% as Near Threatened (NT). Almost 90% of Mongolian birds are categorized as Least …
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 …
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Law Faculty Publications
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 …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 19, Issue 1, 2012.
Rules For Playing God: The Need For Assisted Migration & New Regulation, Jessica Kabaz-Gomez
Rules For Playing God: The Need For Assisted Migration & New Regulation, Jessica Kabaz-Gomez
Animal Law Review
Climate change is quickly transforming habitats. Species in affected regions are facing extinction as they are unable to migrate to suitable environments. This Note discusses assisted migration, the intentional human-assisted movement of imperiled species to suitable habitats outside of their historic range, as an important—though controversial—conservation tool. There are, however, no comprehensive assisted migration regulations in the United States. This Note argues that the U.S. Fish & Wildlife Service (FWS) should be the agency to issue regulations regarding assisted migration because FWS already has broad authority under the Endangered Species Act to conserve wildlife. This Note proposes that new regulations …
No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker
No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker
Animal Law Review
As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders’ sentences only if they injure human victims. This Note considers the development of anti-cruelty laws and explores how sentencing guidelines, victim injury points, and other sentence enhancement mechanisms function in U.S. criminal justice systems. It examines how multiple states treat victim injury, focusing particularly on Florida where, in October 2011, a Florida Assistant State Attorney—in what was likely the …
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto, Sarah Saville
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto, Sarah Saville
Animal Law Review
Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price …
The Animal Rights Debate And The Expansion Of Public Discourse: Is It Possible For The Law Protecting Animals To Simultaneously Fail And Succeed?, Peter Sankoff
Animal Law Review
This Article uses the theory of deliberative democracy, as developed by Jürgen Habermas and others, to suggest that public discourse is essential to encouraging democratic change in animal welfare law. The author examines the legal regimes of Canada and New Zealand to determine which country better facilitates a public dialogue about the treatment of animals. The Article concludes that, while Canada has a number of laws that ostensibly protect animals, New Zealand’s regime is much better at creating the public discourse required to meaningfully advance animal protection. The author does not suggest that New Zealand’s regime is perfect; rather, New …
Some Tenants Have Tails: When Housing Providers Must Permit Animals To Reside In "No-Pet" Properties, Tara A. Waterlander
Some Tenants Have Tails: When Housing Providers Must Permit Animals To Reside In "No-Pet" Properties, Tara A. Waterlander
Animal Law Review
Living with a disability can make finding a home a difficult task. Discrimination against the use of a service or assistive animal in lease agreements is a hurdle to finding a home for persons with disabilities. This discrimination is particularly pronounced when the individual suffers from a mental or emotional disability, because these disabilities are “invisible.” Because these disabilities are invisible, landlords are often reluctant to make reasonable accommodations in lease agreements to further the use of service and assistive animals in the treatment of mental illnesses or other disabilities, as required by the Fair Housing Act. This Article considers …
Critical Animal Studies And Animal Law, Maneesha Deckha
Critical Animal Studies And Animal Law, Maneesha Deckha
Animal Law Review
Law is anthropocentric. With the limited exception of its treatment of the corporation, law is a system of rules that privileges the concept of the human and ascribes reality through a human perspective. Appreciating this, it is truly impressive that animal issues in the law have become so prominent throughout the legal education system. With this increased exposure to posthumanist critiques of the legal system and its status for and treatment of animals, an increasing number of those involved in legal education are rethinking the law’s species-based hierarchy that places humans at the apex. This flourishing interest in animal law …
Coalitions In The Jungle: Advancing Animal Welfare Through Challenges To Concentration In The Meat Industry, Lis Kamila
Coalitions In The Jungle: Advancing Animal Welfare Through Challenges To Concentration In The Meat Industry, Lis Kamila
Animal Law Review
The meat processing conglomerates that currently control the majority of the market share in the meatpacking industry are responsible for its most systemic animal abuses. Increased concentration has enabled these larger processors to dictate animal treatment standards maintained by meat producers, most of whom have caved to economic pressure and moved their animals from small farms into Concentrated Animal Feeding Operations. Animal welfare proponents have failed to adequately challenge the concentration of the meat industry and in 2012 have yet to fully explore strategies made available by the Packers & Stockyards Act of 1921 (PSA). This Article proposes that a …
Shark Laws With Teeth: How Deep Can U.S. Conservation Laws Cut Into Global Trade Regulations, Kaitlin M. Wojnar
Shark Laws With Teeth: How Deep Can U.S. Conservation Laws Cut Into Global Trade Regulations, Kaitlin M. Wojnar
Animal Law Review
Controversy surrounding application of the Shark & Fishery Conservation Act of 2010 (Shark Conservation Act) reflects a culmination of competing interests between environmental conservation and international free trade. Non-governmental organizations are pressuring the United States (U.S.) government to use the Shark Conservation Act to impose trade sanctions against countries that do not have specific regulations on shark finning. The implementation of such import bans, however, could negatively impact the nation’s relationships with some of its principal trade partners and violate international obligations under multilateral trade treaties. This Note proposes that the U.S. cannot impose such an embargo on shark products …