Open Access. Powered by Scholars. Published by Universities.®

Animal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Animal welfare

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 1 - 30 of 32

Full-Text Articles in Animal Law

Editor's Note, Luke Trompeter, Ingrid Lesemann Feb 2018

Editor's Note, Luke Trompeter, Ingrid Lesemann

Sustainable Development Law & Policy

No abstract provided.


Litigating Nonhuman Animal Legal Personhood, Richard L. Cupp Jr. Dec 2017

Litigating Nonhuman Animal Legal Personhood, Richard L. Cupp Jr.

Richard L. Cupp Jr.

In 2017 a New York appellate court issued a landmark ruling rejecting an animal rights organization’s efforts to assign legal personhood status to chimpanzees in Matter of Nonhuman Rights Project, Inc. v. Lavery. This paper provides context for the ruling, and includes an amicus curiae brief the author filed in the case. The court discussed the amicus curiae brief in explaining its ruling, and a prominent animal law blog described the court’s decision as “citing to and relying on” the brief. The brief asserts and the court ruled that rights are broadly connected to humans’ norm of capacity ...


Refining The Precautionary Framework, Jonathan Birch Jan 2017

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 to Paez, I ...


Editor's Note - Animal Law Education, Meg Good Jan 2017

Editor's Note - Animal Law Education, Meg Good

Legal Education Review

Extract:

The theme of this Special Topic Edition is animal law education at the tertiary level. Animal law as a discipline refers to the laws governing the human/non-human animal relationship. The study of animal law encompasses a broad range of laws, and raises a unique variety of legal, philosophical, scientific and political issues. Through studying animal law, students gain an understanding of how and why the law facilitates differential treatment of animals according to context, and encourages them to consider the ethical consistency of our approach to animal protection. It involves questioning the adequacy of the laws, policies, and ...


Embedding Animal Law Into Law School Curricula: The Possibilities Of Strategic Unit Design, Joanna Kyriakakis Jan 2017

Embedding Animal Law Into Law School Curricula: The Possibilities Of Strategic Unit Design, Joanna Kyriakakis

Legal Education Review

Law schools are increasingly responsive to the introduction of animal law into elective offerings. Despite this, some would be animal law educators may still face institutional resistance to the regular inclusion of animal law in law school curricula. This may be truer today in schools outside of the United States, where the subject has yet to reach the same level of acceptance. The ways an animal law unit can be framed through particular disciplinary lenses so as to draw it into alignment with the research strengths, educational goals, and self-identity of a law school may be a means to render ...


Animal Law Syllabus Design: A New Zealand Perspective, M.B. Rodriguez Ferrere Jan 2017

Animal Law Syllabus Design: A New Zealand Perspective, M.B. Rodriguez Ferrere

Legal Education Review

Extract:

Since 2013, I have offered a course at the University of Otago’s Faculty of Law entitled ‘Animals and the Law’. Given New Zealand’s reliance upon agriculture, and the fact it can lay claim to ‘leading the way’ with regards to animal welfare, it is perhaps surprising that it is currently the only course focusing on Animal Law offered at any of New Zealand’s six law schools. I am not, however, a trailblazer. Until he left for the University of Alberta in 2010, Professor Peter Sankoff offered such a course at the University of Auckland, and Dr ...


What Are We Trying To Achieve By Teaching Animal Law To Law Students?, Nick James, Rochelle James Jan 2017

What Are We Trying To Achieve By Teaching Animal Law To Law Students?, Nick James, Rochelle James

Legal Education Review

In light of the increasing number of animal law units being offered by Australian law schools, it is timely to critically reflect upon the objectives of such units. What is it that we seek to achieve when we teach animal law to law students? Is it limited to facilitating a thorough understanding of the law relating to animals? Or are we trying to change the way our students see the world, to inspire them to strive to reform the relationship between animals and the law, and to ultimately modify the relationship between animals and humans? This article examines the desirability ...


Digesting Discourse: How Animal Law Facilitates High Quality Legal Education, Jackson Walkden-Brown Jan 2017

Digesting Discourse: How Animal Law Facilitates High Quality Legal Education, Jackson Walkden-Brown

Legal Education Review

Animal law teachers typically assert that an animal law classroom provides the ideal training ground for a law student. The purpose of this paper is to critically examine this assertion and, ultimately, to provide a supporting argument for the proposition that animal law is a unique vehicle for providing students with a high quality legal education. Legal education is characterised by distinct and competing discourses with respect to the nature of law teaching, including doctrinalism, vocationalism, corporatism, liberalism, radicalism and educationalism. The first part of the paper provides an overview of Foucauldian discourse theory and a description of each legal ...


Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto Jan 2016

Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto

Pace Law Faculty Publications

In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation--agricultural animals--is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries approach agricultural animal welfare differently, they arrive at the same outcome: institutionalized indifference to animal suffering. To remedy the current regulatory structure, this ...


Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen Dec 2015

Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen

Beth Rosen MD

As the animal movement has gained more political authority and public acceptance, it needs better ways to assess and follow its progress—or lack thereof—towards its goals. In this era, in which nonprofits and funding agencies are demanding better measures of effectiveness, the animal movement needs to examine how it looks at the progress it is (or is not) making in gaining better legal protection for animals.


Interpreting "Enhancement Of Survival" In Granting Section 10 Endangered Species Act Exemptions To Animal Exhibitors, Anne Haas Oct 2015

Interpreting "Enhancement Of Survival" In Granting Section 10 Endangered Species Act Exemptions To Animal Exhibitors, Anne Haas

Pace Environmental Law Review

Managing endangered species in captivity presents a unique set of problems. Despite their enormous potential to preserve species in the wild - through captive breeding programs, conservation initiatives, and environmental advocacy - many facilities are lagging behind. Part II of this note discusses the evolution of zoos from ancient Egyptian displays of wealth to modern day conservation and education centers. Focusing on the Endangered Species Act, Part III introduces various laws protecting captive animals. Part IV discusses the great potential of zoos to preserve species and the ecosystems on which they rely, while acknowledging the diverse nature of animal exhibitors and the ...


Should Elephants Have Standing?, Tyler Totten Sep 2015

Should Elephants Have Standing?, Tyler Totten

Western Journal of Legal Studies

In the 2011, Chief Justice Fraser of the Alberta Court of Appeal raised an interesting question in her dissenting judgment in Reece v Edmonton (City): Should elephants have standing? Drawing on the ideas in her dissent and the Alberta’s Animal Protection Act on which the decision is based, I argue that granting animals standing is a pragmatic solution to overcoming the limitations and obstacles behind enforcing animal protection laws. This is demonstrated by exploring both the practicality and feasibility of granting standing to animals. On the point of practicality, I explain why this solution is preferable over other possibilities ...


Using Emerging Pollution Tracking Methods To Address The Downstream Impacts Of Factory Farm Animal Welfare Abuse, Tarah Heinzen, Abel Russ Aug 2014

Using Emerging Pollution Tracking Methods To Address The Downstream Impacts Of Factory Farm Animal Welfare Abuse, Tarah Heinzen, Abel Russ

Pace Environmental Law Review

CAFOs present numerous interconnected ethical, environmental, and public health threats, and this article will discuss opportunities to address the multiple adverse impacts of factory farming through advances in pollution tracking methodologies. The first section will introduce the factory farm issue, and the relationship between its environmental and welfare consequences. We then review approaches to establishing liability for surface and groundwater contamination under existing pollution control laws and describe the unique challenges of using these approaches in the context of CAFO pollution. We then discuss techniques that have been used to more precisely identify sources of pollution, including measurements of a ...


Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen May 2014

Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen

Andrew N. Rowan, D.Phil.

As the animal movement has gained more political authority and public acceptance, it needs better ways to assess and follow its progress—or lack thereof—towards its goals. In this era, in which nonprofits and funding agencies are demanding better measures of effectiveness, the animal movement needs to examine how it looks at the progress it is (or is not) making in gaining better legal protection for animals.


La Clonación Con Fines Ganaderos De Los Animales En La Ue: De La Ética Al Derecho Agroalimentario, Luis González Vaqué Dec 2013

La Clonación Con Fines Ganaderos De Los Animales En La Ue: De La Ética Al Derecho Agroalimentario, Luis González Vaqué

Luis González Vaqué

A finales del año 2013 la Comisión Europea presentó una Propuesta de Directiva relativa a la clonación de animales de las especies bovina, porcina, ovina, caprina y equina criados y reproducidos con fines ganaderos. El objetivo de dicha propuesta es garantizar la existencia de condiciones uniformes de producción para los ganaderos, protegiendo al mismo tiempo la salud y el bienestar de los animales. En este contexto, se considera que la suspensión de la técnica de la clonación y de las importaciones de clones vivos es una medida adecuada y necesaria para alcanzar el citado objetivo. Ofrece también la mejor relación ...


Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice May 2013

Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice

Pepperdine Law Review

Science is increasingly showing us that animals have many cognitive similarities with humans. In addition to calls for changes in our animal protection statutes, members of the legal community have begun debating over whether animals, or a certain category of animals, should be granted legal rights. This approach has the potential for drastic societal ramifications. David S. Favre has proposed a tort action for animals as a compromise to the animal rights debate. This Comment explores the different approaches to seeking improved conditions for animals, and proposes an adjusted tort cause of action in response to criticisms of Favre's ...


Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining Jan 2013

Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining

Book Chapters

'To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals.' This was Telford Taylor, beginning the presentation of the 'Medical Case' at the Nuremberg Trials after the Second World War. The 'Medical Case' was not about genocide or war or the conduct of war. It was about experimentation on human beings; and it was this trial that produced the 'Nuremberg Code', the first control of such treatment of human beings by one another. The word 'individual' came naturally to Taylor the lawyer as a starting point, and with ...


Animal Welfare Standards And Australia's Live Exports Industry To Indonesia: Creating An Opportunity Out Of A Crisis, Marie T. Hastreiter Jan 2013

Animal Welfare Standards And Australia's Live Exports Industry To Indonesia: Creating An Opportunity Out Of A Crisis, Marie T. Hastreiter

Washington University Global Studies Law Review

This Note will explore whether Australia can remain a leader in the adoption of animal welfare standards while also preserving the viability of Australian farmers’ jobs and livelihoods. Part II analyzes the history of the Australian live exports industry and outlines current industry standards and regulations. Parts III and IV discuss New Zealand’s live exports industry and how New Zealand’s model would work for Australia. Part V analyzes the impact that Brazil’s industry could have on Australia, why Australia should implement a live exports policy like New Zealand’s and how to accomplish this, and the positive ...


A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull Jan 2013

A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull

Student Competition Writings

The locavore movement and similar trends in sustainable agriculture and health are renewing interest in backyard residential chicken coops. This Article analyzes some of the regulatory approaches cities and towns have taken to address backyard residential chicken coops. The Article focuses on how regulation can support and encourage the beneficial aspects of keeping backyard chickens while mitigating the potential harmful impact of excessive or irresponsibly managed residential chicken coops. In particular, the Article examines common trends in local regulation, like limits on the number and sex of birds allowed in each residential yard, setback and structural requirements, and animal welfare ...


An International Treaty For Animal Welfare, David S. Favre Aug 2012

An International Treaty For Animal Welfare, David S. Favre

Faculty Publications

Currently there is no international agreement that ensures the welfare and protection of animals. Nor is there any international standard that regulates and defines the acceptable treatment of animals. This lack of international consensus leads to the current disparate treatment of animals around the world, echoing the need for an international framework addressing the issue. This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This ...


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.


The Environmental Effects Of Cruelty To Agricultural Animals, Kyle H. Landis-Marinello Jan 2008

The Environmental Effects Of Cruelty To Agricultural Animals, Kyle H. Landis-Marinello

Michigan Law Review First Impressions

Laws criminalizing animal abuse should apply to the agricultural industry. When we exempt the agricultural industry from these laws, factory farms increase production to unnaturally high levels. This increased production causes devastating environmental effects, such as climate change, water shortages, and the loss of topsoil. In light of these effects, the law needs to do much more to regulate the agricultural industry, and the first step should be to criminalize cruelty to agricultural animals. This would force the industry to slow down production to more natural levels that are much less harmful to the environment.


An Argument For The Basic Legal Rights Of Farmed Animals, Steven M. Wise Jan 2008

An Argument For The Basic Legal Rights Of Farmed Animals, Steven M. Wise

Michigan Law Review First Impressions

The most abused beings in the United States are those whom we raise and kill for food. The numbers of dead are staggering. Most are victims of the severe and almost entirely unregulated practices that Americans permit on their factory farms. According to the United States Department of Agriculture’s National Agricultural Statistics Service, in 2007, a total of 10.4 billion land-based animals were killed by the American food industry. These included 9.4 billion broiler chickens, 450 million laying hens, 317 million turkeys, 121 million pigs, 39 million bovines, 28 million ducks, 10 million rabbits, and 4 million ...


One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton Jan 2008

One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton

Michigan Law Review First Impressions

The lawsuit pitting the New Jersey Society for the Prevention of Cruelty to Animals against the New Jersey Department of Agriculture brings into sharp focus the issue of animal rights versus animal welfare that has been dividing animal activists, farmers, and society for decades. On one side are proponents of animal rights—a set of rights articulated by humans but granted to animals to govern how we treat them. For many believers this includes the right not to be owned and certainly not to be eaten. On the other side are proponents of animal welfare—also a set of human ...


Animal Ethics And The Law, Bernard Rollin Jan 2008

Animal Ethics And The Law, Bernard Rollin

Michigan Law Review First Impressions

Everyone reading this Article is doubtless aware of the woeful lack of legal protection for farm animals in the United States. Not only do the laws fail to assure even a minimally decent life for the majority of these animals, they do not provide protection against the most egregious treatment. As both a philosopher who has helped articulate new emerging societal ethics for animals, and as one who has successfully developed laws embodying that ethic—notably the 1985 federal laws protecting laboratory animals—I will stress the direction we need to move in the future to enfranchise farm animals. I ...


A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt Jan 2008

A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt

Michigan Law Review First Impressions

“I need the public to understand that my office takes all cases involving animal cruelty very seriously . . . [and i]t doesn’t matter whether the mistreated animal is a beloved family pet or a cow at a slaughterhouse. Unnecessary cruelty will not be tolerated and will be prosecuted to the fullest extent allowed by law.” San Bernardino County District Attorney Michael A. Ramos (February 15, 2008) One morning in January 2008, images of horrific animal cruelty were blasted by Internet, television, and print media throughout the country. The story was all the more shocking in that the animals at issue ...


"It's The Right Thing To Do": Why The Animal Agriculture Industry Should Not Oppose Science-Based Regulations Protecting The Welfare Of Animals Raised For Food, Angela J. Geiman Jan 2008

"It's The Right Thing To Do": Why The Animal Agriculture Industry Should Not Oppose Science-Based Regulations Protecting The Welfare Of Animals Raised For Food, Angela J. Geiman

Michigan Law Review First Impressions

Since the beginning of history, people have used farm animals to assist with their work and to provide a source of food. These agricultural pursuits were not questioned; rather, they were a widely-accepted way of life. In fact, many people still say that the very purpose of livestock on this Earth is to provide these resources for mankind. As for the proper way to treat our livestock, we commonly hear farmers and livestock producers make comments like, “If we take care of the animals, they will take care of us,” and, “We treat our animals well because that’s just ...


Animal Cruelty Laws And Factory Farming, Joseph Vining Jan 2008

Animal Cruelty Laws And Factory Farming, Joseph Vining

Michigan Law Review First Impressions

“Should laws criminalizing animal abuse apply to animals raised for food?” The answer is yes, and yes especially because farm animals are generally now under the control of business corporations. State and federal criminal law have proved critical in modifying corporate policy and practice in other areas, a current example being worker safety. Criminal liability today would include criminal liability of the corporate entity itself, and would thus also introduce the most effective regulation of individual handling of farm animals—regulation by the corporation, which has methods and resources public agencies cannot match. We have a background public policy of ...


Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss Jan 2008

Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss

Law Faculty Publications

The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff's Department seized fifty-three pit bulls from Vick's home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge ...


Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss Dec 2007

Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss

Rebecca J. Huss

The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff's Department seized fifty-three pit bulls from Vick's home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge ...