Animal Law Commons^™

Puppy Yoga, Cardozo Wellness Society, Cardozo Student Animal Legal Defense Fund

Flyers 2022-2023

No abstract provided.

Demons & Droids: Nonhuman Animals On Trial, Gerrit D. White

PANDION: The Osprey Journal of Research and Ideas

Nonhuman animal trials are ridiculous to the modern sensibilities of the West. The concept of them is in opposition to the idea of nonhuman animals—entities without agency, incapable of guilt by nature of irrationality. This way of viewing nonhuman animals is relatively new to the Western mind. Putting nonhuman animals on trial has only become unacceptable in the past few centuries. Before this shift, nonhuman animal trials existed as methods of communities policing themselves. More than that, these trials were part of legal systems ensuring they provided justice for all. This shift happened because the relationship between Christian authorities and …

Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss

Villanova Environmental Law Journal

No abstract provided.

A Pact For The Future: Improving Animal Protection Legislation For Captive Orcas, Emily Lively

Pace Environmental Law Review

Using SeaWorld as a case study, this Note will argue that existing federal and state legislation fails to protect captive orcas from cruel and harmful treatment while in captivity.

Part I of this Note will address the gaps in federal and state animal welfare and cruelty legislation relevant to captive orcas. Part II will discuss the enactment of the Preventing Animal Cruelty and Torture Act of 2019 (“PACT Act”), the first federal animal cruelty statute. Part III will use SeaWorld as a case study to test the effectiveness of the PACT Act in criminalizing animal cruelty at the federal level. …

Local Action For Animals As A Stepping Stone To State Protections, Jo Anderson

Law

Municipal ordinances can be an effective way to create animal protection laws at the local level, and could lead to great success at the state level. Passing laws at the local level allows people to help animals in their communities, while providing a model for other cities and jurisdictions. Local laws can also create momentum for statewide initiatives, which demonstrates a state’s strong commitment to protecting animals.

Legislation is a key avenue animal advocates use to effect change at scale, but there is not much research about how to choose tractable issues and lobby for them successfully. The goal of …

Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green

University of Arkansas at Little Rock Law Review

No abstract provided.

Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart

Environmental and Earth Law Journal (EELJ)

As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject …

Addressing The Disproportionate Adverse Health Effects Among Bipoc Communities As A Result Of Environmental Racism, Lindsay M. Farbent

Environmental and Earth Law Journal (EELJ)

This article examines factors that contribute to the negative health impacts on Black Americans, other minorities, and low-income communities that are living in areas with high levels of air pollution, toxic waste, and environmental hazards. First, this article assesses the role of historical residential redlining on the segregation of BIPOC neighborhoods. Furthermore, the article addresses gaps in both federal and state environmental laws that allow facilities to keep obtaining permits and polluting in BIPOC and primarily low-income neighborhoods. Moreover, the article explains the higher rates of trauma, stress, and stress-related illnesses among BIPOC communities exposed to high levels of environmental …

Is Bitcoin The New Gold? The Two May Be More Similar Than You Think, Including Their Value, Uses, And Deleterious Effects On The Environment, Justin Allen

Environmental and Earth Law Journal (EELJ)

In the 1850s, the Gold Rush started in the United States, and in 2010, an analogous phenomenon, the Cryptoboom, began. Similar to the Gold Rush, Bitcoin’s initial boom was marred by the deleterious effects that mining for valuable coins had on the environment, but there are steps that can be taken to mitigate the negative effect cryptocurrencies have on the environment. Cryptocurrencies, including Bitcoin and the blockchain technology that powers cryptocurrencies, have been widely embraced by many people, corporations, and even entire governments for a multitude of reasons. Some have embraced the fruits of blockchain to use as a decentralized …

Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco

Environmental and Earth Law Journal (EELJ)

This note begins by explaining what environmental factors are causing the sea level rise to increase at just a rapid pace and how coastal communities are ultimately affected. Because Florida is a slice of paradise within the states, it causes the population to increase vastly. Thus, millions of homeowners could face tragic consequences, such as total inundation of residential homes, flooding within the community, and a drastic decrease in home value. In response to this natural disaster, in 2021, Governor Ron DeSantis passed Senate Bill 1954 into law, which requires the Department of Environmental Protection to complete a statewide flood …

Congress Invests In A New Generation: The Future Of Commercial Fishing Is Supported By The Implementation Of The Young Fishermen’S Development Act, Shayla Alltop

Environmental and Earth Law Journal (EELJ)

This note speaks to the importance and potential impact of the Young Fishermen’s Development Act. This ongoing, historical legislation, ultimately signed into law on January 5, 2021, will establish funds over several fiscal years to support the future of commercial fishing. The Alaska and New England regions are discussed briefly to show the significance of the commercial fishing industry to those areas. An overview of the Act is provided, and the context for its need is explained as it relates to the industry’s entrants. Further, the phenomenon known as “graying of the fleet” is examined, as well as some of …

Novel Food Ingredients: Food Safety Law, Animal Testing, And Consumer Perspectives, Taimie Bryant

Marquette Law Review

In recent years, some major food companies have publicly stated that they will no longer test their product ingredients on animals. Yet despite the availability of more reliably predictive non-animal toxicity tests, some companies continue testing novel food ingredients on animals. This Article uses the lens of a particular innovative plant-based food company’s decision to test a novel food ingredient on animals as a means of considering more generally whether any food producer has rational legal reasons for testing on animals. The Article explores FDA requirements, consumer food safety litigation, and judicial evaluation of animal test data, all of which …

A Science-Based Policy For Managing Free-Roaming Cats, David Hunter, Christopher A. Lepczyk, David C. Duffy, David M. Bird, Michael Calver, Dmitry Cherkassky, Linda Cherkassky, Christopher R. Dickman, David Jessup, Travis Longcore, Scott R. Loss, Kerrie Anne T. Loyd, Peter P. Marra, John M. Marzluff, Reed F. Noss, Daniel Simberloff, Grant C. Sizemore, Stanley A. Temple, Yolanda Van Heezik

Articles in Law Reviews & Other Academic Journals

Free-roaming domestic cats (i.e., cats that are owned or unowned and are considered ‘at large’) are globally distributed non-native species that have marked impacts on biodiversity and human health. Despite clear scientific evidence of these impacts, free-roaming cats are either unmanaged or managed using scientifically unsupported and ineffective approaches (e.g., trap-neuter-release [TNR]) in many jurisdictions around the world. A critical first initiative for effective, science-driven management of cats must be broader political and legislative recognition of free-roaming cats as a non-native, invasive species. Designating cats as invasive is important for developing and implementing science-based management plans, which should include efforts …

Veterinary Reporting And Immunity Laws In The United States: How This Model Law Could Positively Impact National Veterinary Practices And International Animal Law, Rachel Al-Alami

Global Business Law Review

This Note highlights the importance of animal law, including its impact on human violence and international businesses involving animals. The issues in veterinary reporting of suspected animal abuse must be addressed, as it has a direct effect on exposing the link between animal violence and human violence. Each state is encouraged to adopt the legislation proposed by this Note; it aims to reform the laws surrounding veterinary reporting of suspected animal abuse, and it provides veterinary professionals with immunity for reporting in good faith. This Note discusses the background of animal law, including the current state of affairs for both …

Killing Rarity, Shahrokh Falati

Articles & Chapters

On May 22, 2019, Botswana decided after many years to lift its ban on hunting elephants and in February 2020 held its first auctions for the right to hunt elephants. This turnaround change in their law coincides with a rapidly changing legal landscape in the United States related to the practice of trophy hunting of rare, intelligent animals, including elephants. This Article analyzes the fluid legal landscape surrounding this uncommon form of hunting of rare animals and possible ways of using the Administrative Procedures Act and the Federal Advisory Committee Act as a means of challenging the government’s rapidly changing …

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.

Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate

Public Land & Resources Law Review

No abstract provided.

Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown

Public Land & Resources Law Review

No abstract provided.

A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan

Public Land & Resources Law Review

No abstract provided.

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

A Dog's Bark To Act As A Nark, Bailey R. Geller

Arkansas Law Review

This Comment therefore advocates for systemic reconsideration of dog scent lineups at trial. It will not claim that all dog scent lineups are flawless, particularly given the slipshod manner in which many are performed. But dog scent identifications are increasingly more valuable than our legal system currently acknowledges when they are properly conducted. They should be admissible.

Sinking Mink: An Argument For Ending The Mink Industry In Nova Scotia, Sarah Frame

Dalhousie Law Journal

Nova Scotia produces more mink pelts than any other province, but its fur farming industry imposes costs disproportionate to its benefits. These costs include the substantial financial aid given to mink farms, the toxic algae blooms in some lakes, the frequent spread of viruses from mink to humans and wildlife, the regular and wasteful mass culls of diseased mink, and the animal suffering caused by captivity, neglect, and abuse. Federal and provincial legislation does not and cannot provide meaningful protection to mink because of innate species characteristics and the cruelties inherent in the fur industry. Due to the association between …

International Animal Law, Marcy Stras, Wes Lang, Mayra Cavazos Calvillo

The Year in Review

No abstract provided.

Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara

University of Miami Race & Social Justice Law Review

The carceral state has used non–human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non–consenting non–human animals have been coopted into the role of agents of oppression. Yet, the same non– human animals are themselves routinely brutalized and oppressed by the carceral state. Police kill several thousands of family’s companion dogs every year in the United States. Law enforcement agencies train animals …

Improving Care And Licensing Standards And Oversight In America's Zoos, Hannah Willis

Honors Theses

Since 1966, the Animal Welfare Act has been the official federal legislation passed to provide care standards and regulations for publicly exhibited animals, specifically exotic animals within zoos; however, in an age of major advocacy for improved animal welfare standards for all animals, the AWA has remained fairly stagnant in its guidelines for animal exhibitors. Through numerous articles, documentaries, and TV shows, specific zoos and animal exhibitors have shown many Americans that there seems to be little to no governmental oversight over zoos that have engaged in poor animal care or those engaging in often dangerous and cruel animal contact …

Can You Dig It? Yes, You Can! But At What Cost?: A Proposal For The Protection Of Domestic Fossils On Private Land, Bridget Roddy

Texas A&M Journal of Property Law

Paleontological resources require similar protections to archaeological resources because the threat of looting, improper excavation, and market demand are analogous. Paleontological resources are responsible for informing much of scientists’ understanding of evolution and the history of the planet, just as cultural property helps to inform the evolution of humanity and culture. Once either object is removed from its original context, there is an immediate and invaluable loss of information that could have illuminated important information about the past. When either is removed from the environment in which they were created, a nonrenewable link to the past is lost.

Existing laws …

The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco

Dickinson Law Review (2017-Present)

Dramatic changes in the agricultural industry over the last century have led to the rise of concentrated animal feeding operations– industrial facilities that raise a large number of animals in confined spaces. Animals raised in these facilities suffer from poor quality of life and abuse. For humans, these facilities have had adverse effects on the environment and public health, but they are also associated with high productivity and low food costs. This Comment analyzes the effects of concentrated animal feeding operations on animal well-being, the environment, and public health. This Comment also analyzes current federal legislation that helps combat the …