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Articles 31 - 60 of 61
Full-Text Articles in Animal Law
Never Enough: Animal Hoarding Law, Courtney G. Lee
Never Enough: Animal Hoarding Law, Courtney G. Lee
McGeorge School of Law Scholarly Articles
Animal hoarding, a disorder that causes sufferers to acquire animals compulsively despite the inability or unwillingness to provide them with adequate care, is a widespread, costly, often underestimated problem that causes more animal suffering than all acts of intentional cruelty combined. Not only are animals harmed, but humans are as well, from dependents that live with hoarders to members of the surrounding communities to the hoarders themselves. Current laws do not address the issue effectively, and recidivism rates are close to 100%. This Article seeks to increase awareness of the animal hoarding problem and offers suggestions as to how the …
Thoroughbred Horse Racing: Why A Uniform Approach To Drug Regulation Is Necessary, Cody M. Conner
Thoroughbred Horse Racing: Why A Uniform Approach To Drug Regulation Is Necessary, Cody M. Conner
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Refining The Precautionary Framework, Jonathan Birch
Refining The Precautionary Framework, Jonathan Birch
Animal Sentience
Most of the commentators so far agree that the precautionary principle can be usefully applied to the question of animal sentience. I consider various ways of refining my proposals in light of the suggestions. I amend BAR to implement C. Brown’s suggestion that the scope of animal welfare law should be extensible by phylogenetic inference from orders in which credible indicators of sentience are found. In response to C. Brown, Mallatt, and Woodruff, I amend ACT to allow that a single credible indicator may sometimes call for urgent further investigation rather than immediate protection. In response …
Canis Rufus: How The U.S. Fish And Wildlife Service Is Failing The Red Wolf, Taylor L. Rippe
Canis Rufus: How The U.S. Fish And Wildlife Service Is Failing The Red Wolf, Taylor L. Rippe
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Sensitizing Humans To Fish Sentience, Kelly Levenda
Sensitizing Humans To Fish Sentience, Kelly Levenda
Animal Sentience
Although fish can feel pain and suffer, they are not often protected legally. Jonathan Balcombe’s What a Fish Knows provides a timely and important contribution to the literature on animal cognition and sentience. By explaining their personalities and capabilities, Balcombe brings much needed public attention to fish and advances the principle that they need and deserve protection.
Never Enough: Animal Hoarding Law, Courtney G. Lee
Never Enough: Animal Hoarding Law, Courtney G. Lee
University of Baltimore Law Review
Animal hoarding, a disorder that causes sufferers to acquire animals compulsively despite the inability or unwillingness to provide them with adequate care, is a widespread, costly, often underestimated problem that causes more animal suffering than all acts of intentional cruelty combined. Not only are animals harmed, but humans are as well, from dependents that live with hoarders to members of the surrounding communities to the hoarders themselves. Current laws do not address the issue effectively, and recidivism rates are close to 100%. This Article seeks to increase awareness of the animal hoarding problem and offers suggestions as to how the …
An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler
An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler
Mitchell Hamline Law Review
No abstract provided.
“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy
“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy
Mitchell Hamline Law Review
No abstract provided.
Battling The Butterfly Effect: Why The Monarch Butterfly Needs Protection Under The Endangered Species Act, Jeana M. Mason
Battling The Butterfly Effect: Why The Monarch Butterfly Needs Protection Under The Endangered Species Act, Jeana M. Mason
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt
Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt
Presentations and other scholarship
Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.
The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.
The first game in the series is a strategy game called Lost & …
Criminalizing Fake Service Dogs: Helping Or Hurting Legitimate Handlers?, Tiffany Lee
Criminalizing Fake Service Dogs: Helping Or Hurting Legitimate Handlers?, Tiffany Lee
Animal Law Review
An increasing number of states are passing laws criminalizing the use of fraudulent service animals. This Article explores the potential impact of these laws on people with disabilities and the effectiveness of these laws for places of business who want to exclude fraudulent service animals. The Article considers the nature of fraudulent service animal use and the reasons people may use them, the difficulties in enforcing these state laws in light of the Americans with Disabilities Act, and the potential detrimental effects on the civil rights of people with disabilities using legitimate service animals. Based on this analysis, the Article …
Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc
Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc
Animal Law Review
No abstract provided.
Animal Sentience And The Precautionary Principle, Jonathan Birch
Animal Sentience And The Precautionary Principle, Jonathan Birch
Animal Sentience
In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof for animal sentience. Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a …
A Bird In The Hand: Shotguns, Deadly Oil Pits, Cute Kittens, And The Migratory Bird Treaty Act, Samuel J. Panarella
A Bird In The Hand: Shotguns, Deadly Oil Pits, Cute Kittens, And The Migratory Bird Treaty Act, Samuel J. Panarella
Faculty Law Review Articles
This Article is presented in three parts. Part I describes the modern application (and misapplication) of the MBTA and briefly sets out the history of the Act, including the widespread, indiscriminate killing of migratory birds for food and fashion in the 19th century that first spurred Congress to act. Building off this history and the clear Congressional intent behind the MBTA to criminalize industrial activities directed at killing birds, Part II sorts human-caused bird killing activities into three categories and proposes the appropriate MBTA liability treatment for each category based both on the original purpose of the Act and on …
Animal Law In A Changing (And Challenging) Political Climate: One Professor's Musings After 100 Days Of The Trump Administration, Kathy Hessler
Animal Law In A Changing (And Challenging) Political Climate: One Professor's Musings After 100 Days Of The Trump Administration, Kathy Hessler
Animal Law Review
This Introduction discusses the current political climate following the presidential inauguration of Donald J. Trump, with a focus on Trump's first 100 days in office and what his actions entail for animal advocates as well as for the field of animal law. The Introduction approaches the Trump presidency through a historical and practical lens, then scrutinizes the Trump administration's actions through its first 100 days. Following this analysis, the Introduction turns to the considerable number of voices that have risen in response to the President's initiatives and to those of his party. This Introduction concludes by emphasizing the need for …
Red Wolf Coalition V. North Carolina Wildlife Resources Commission: Better Red Than Dead, Edward A. Fitzgerald
Red Wolf Coalition V. North Carolina Wildlife Resources Commission: Better Red Than Dead, Edward A. Fitzgerald
Animal Law Review
This Article demonstrates how federal district court decisions have protected the threatened red wolf. The history of red wolf introduction and the Fourth Circuit decision in Gibbs v. Babbitt are reviewed. In 2012, North Carolina allowed coyote hunting in the red wolf recovery area. The District Court for the Eastern District of North Carolina correctly issued an injunction stopping the action. The court held North Carolina set in motion events that led to the killing of red wolves and violated federal regulations regarding the taking of red wolves. The resulting settlement agreement precluded state interference with red wolf recovery. Genetic …
Telling Tails: The Promises And Pitfalls Of Language And Narratives In Animal Advocacy Efforts, Angela Lee
Telling Tails: The Promises And Pitfalls Of Language And Narratives In Animal Advocacy Efforts, Angela Lee
Animal Law Review
Using a feminist theoretical perspective and drawing on examples from Canada and the United States, this Article considers the promises and pitfalls of language and narrative in the context of animal advocacy efforts. Because the animal advocacy movement faces an uphill battle on a number of fronts, leveraging language and narrative more conscientiously can help enhance its success. Elucidating the equivocal nature of the premises on which our current social and legal conceptualization of nonhuman animals lies can prompt a shift in the dominant modes of thjnking about nonhuman animals, thereby stimulating meaningful change in their treatment. However, it is …
"Three Hots And A Cot And A Lot Of Talk": Discussing Federal Rights-Based Avenues For Prisoner Access To Vegan Meals, David B. Rosengard
"Three Hots And A Cot And A Lot Of Talk": Discussing Federal Rights-Based Avenues For Prisoner Access To Vegan Meals, David B. Rosengard
Animal Law Review
Vegan prisoners face obstacles in accessing meals congruent with their beliefs, but it may be possible to assert the right to vegan meals while incarcerated via a number of constitutional and statutory provisions. Focusing specifically on the federal legal landscape, this Article acts as a road map to those options. First, this Article discusses the scope of relevant religious free exercise jurisprudence-and its utility for prisoners who are vegan for religious reasons. Second, this Article explores the extent to which an equal protection approach may provide vegan prisoners with a viable route to securing appropriate meals. Third, this Article discusses …
Animal Welfare Legislation In Taiwan And China: Examining The Problems And Key Issues, Shih-Yun Wu
Animal Welfare Legislation In Taiwan And China: Examining The Problems And Key Issues, Shih-Yun Wu
Animal Law Review
This Article offers an overview and evaluation of Taiwan's and China's draft laws for protecting animals, which were drafted by countries that have not experienced comprehensive animal welfare movements. The Article focuses on interpreting the statutory offenses for cruelty and animal welfare infringements, and the problems and deficiencies of the draft laws' substance and enforcement mechanisms-the most critical factors affecting the effectiveness of the animal protection legislation.
A Dog Is Not A Stereo: The Role Of Animal Sentience In Determining The Scope Of Owner Privacy Interests Under Oregon Law, Lora Dunn, David B. Rosengard
A Dog Is Not A Stereo: The Role Of Animal Sentience In Determining The Scope Of Owner Privacy Interests Under Oregon Law, Lora Dunn, David B. Rosengard
Animal Law Review
In 2011, a relatively routine animal neglect investigation spawned a line of litigation that would eventually reach the Oregon Supreme Court. Along the way, this case-State v. Newcomb-raised issues central to both constitutional and animal law, involving inquiry into how animals are situated under the law, the \.Veight of a defendant's privacy versus an animal's interests, and what relevance attaches to animals existing as feeling, sentient creatures. In analyzing Newcomb, this Comment discusses the case facts in Part I, before laying out the arguments heard-and decisions rendered-by the trial and appellate courts in Part II. Part III reads the Oregon …
2016 Federal Legislative Review, Danielle Elefritz
2016 Federal Legislative Review, Danielle Elefritz
Animal Law Review
Toronto Pig Save and the Save Movement gained worldwide attention with the Pig Trial. The defense, with the help of a coalition of animal rights groups, was able to put animal agriculture on trial by focusing on the ethics, animal suffering, environment, and health aspects of animal agriculture. Meanwhile, the Save Movement is growing exponentially with 166 groups in seventeen countries bearing witness to animals headed to a slaughterhouse in local communities.
2016 State Legislative Review, Kaci Hohmann
Cites Cop17 Review, Rebecca Pollack
Chapter 568: Saving Our Voiceless Companions, One Life At A Time, Kelci Binau
Chapter 568: Saving Our Voiceless Companions, One Life At A Time, Kelci Binau
University of the Pacific Law Review
No abstract provided.
From Inside The Cage To Outside The Box: Natural Resources As A Platform For Nonhuman Animal Personhood In The U.S. And Australia, Randall S. Abate, Jonathan Crowe
From Inside The Cage To Outside The Box: Natural Resources As A Platform For Nonhuman Animal Personhood In The U.S. And Australia, Randall S. Abate, Jonathan Crowe
Journal Publications
Nonhuman animals are currently treated as property under U.S. and Australian law, leaving them open to various kinds of exploitation. There has been a gradual evolution away from this property paradigm in both countries, but significant work remains to ensure that nonhuman animals are afforded adequate legal protections. This article considers the legal avenues available to protect nonhuman animals in the U.S. and Australia, focusing particularly on the attribution of legal personhood. Section 2 of the article reviews attempts by the Nonhuman Rights Project (NhRP) to establish legal personhood protections for nonhuman animals through writ of habeas corpus petitions under …
The Importance Of Establishing Assistance Animal Policies In Your Library, Maureen Rust, Mary Wise
The Importance Of Establishing Assistance Animal Policies In Your Library, Maureen Rust, Mary Wise
Library Scholarship
Many library employees do not understand fully the laws and rules regarding service animals and the rights of persons with disabilities who work with service animals. Employees do not necessarily know the differences between service animals, therapy animals, and emotional support animals. It is im- portant for employees of all public accommodations, such as libraries, to understand the differences and the rules that govern each category of animal, and when and if each category is allowed into the library. Employees need to know how to accommodate persons with disabilities and what questions they can ask legally, if they have reason …
The Value Of Existence, David N. Cassuto
The Value Of Existence, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
One does not read Beating Hearts passively. I found myself agreeing often, disagreeing often, and sometimes doing both at the same time. Just as frequently, the book made me reexamine my views from a perspective I had not considered before. For example, prior to reading the book, I had not explored the basis for my belief that causing the death of a living being is a morally significant act. The authors (with a post-mortem assist from Epicurus) have seen to that deficiency. This forum seems an ideal place to push that discussion a bit further.
The Jockey Clubs Search For Legal Standing To Utilize Microchip Technology To Prevent The Shipment Of Equines For Slaughter, Zachary M. Sosnovich
The Jockey Clubs Search For Legal Standing To Utilize Microchip Technology To Prevent The Shipment Of Equines For Slaughter, Zachary M. Sosnovich
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Big "Blue" Nation: Expanding Aquaculture In Kentucky, K. Cassandra Keck
The Big "Blue" Nation: Expanding Aquaculture In Kentucky, K. Cassandra Keck
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Guilty By A Nose: The Queen V. Riesberry And The Criminalization Of Racehorse Doping In Canada, Brian Manarin, Reem Zaia
Guilty By A Nose: The Queen V. Riesberry And The Criminalization Of Racehorse Doping In Canada, Brian Manarin, Reem Zaia
Marquette Sports Law Review
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