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Articles 31 - 60 of 894

Full-Text Articles in Animal Law

From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall May 2018

From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor May 2018

Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman May 2018

Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman

Pace Law Review

Part I of this article uses the empirical research of experts (animal behaviorists, ethologists, and cynologists) to explain reasons canine companions and their humans love riding together. It also highlights the potential risks when dogs distract drivers. Acknowledging that only a few studies exist, it provides whatever statistics are available and posits that data strongly suggest dogs who are roaming free in a car cause or at least contribute to many accidents. This means, in addition to drivers and passengers in other vehicles and even pedestrians, these animals represent a significant potential danger to themselves and occupants of their car ...


Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. VáZquez Apr 2018

Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. VáZquez

Washington and Lee Law Review Online

No abstract provided.


The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen Apr 2018

The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen

Indiana Law Journal

I. THE HIPPODROME OF THE GODS: RACING AGAINST ECOLOGICAL AND EVOLUTIONARY APOCALYPSE - p. 304

II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES TO BIODIVERSITY LOSS - p. 310

A. OVERKILL - p. 310

B. ALIEN INVASIVE SPECIES - p. 316

C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT - p. 321

  1. ISLAND BIOGEOGRAPHY - p. 321
  2. PUBLIC LANDS MANAGEMENT - p. 325

III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO GLOBAL COMMONS - p. 329 A. ENDANGERED SPECIES ACT MECHANICS - p. 330

  1. LISTING ENDANGERED AND THREATENED SPECIES - p. 330
  2. CRITICAL HABITAT - p. 333
  3. INTERAGENCY CONSULTATION - p. 333

B. HABITAT CONSERVATION ON PRIVATE LANDS - p. 335

C. ΑΡΚΤΟΎΡΟΣ ...


Saving Species, One Individual At A Time: Zoo Veterinarians Between Welfare And Conservation, Irus Braverman Apr 2018

Saving Species, One Individual At A Time: Zoo Veterinarians Between Welfare And Conservation, Irus Braverman

Journal Articles

The role of zoo veterinarians has changed significantly in the last several decades, reflecting and revealing broader transformations in zoo culture, especially among North American accredited zoos. This article draws on several interviews with prominent zoo vets, as well as on regulations that pertain to their work, to highlight their current position at the nexus of animal health and welfare, on the one hand, and of species conservation, on the other hand. The transformation of zoos into conservation institutions in particular has resulted in the vets’ novel focus on the sustainability of populations and their intensified involvement in in situ ...


Beyond Rights And Welfare: Democracy, Dialogue, And The Animal Welfare Act, Jessica Eisen Apr 2018

Beyond Rights And Welfare: Democracy, Dialogue, And The Animal Welfare Act, Jessica Eisen

University of Michigan Journal of Law Reform

The primary frameworks through which scholars have conceptualized legal protections for animals—animal “rights” and animal “welfare”—do not account for socio-legal transformation or democratic dialogue as central dynamics of animal law. The animal “rights” approach focuses on the need for limits or boundaries preventing animal use, while the animal “welfare” approach advocates balancing harm to animals against human benefits from animal use. Both approaches rely on abstract accounts of the characteristics animals are thought to share with humans and the legal protections they are owed as a result of those traits. Neither offers sustained attention to the dynamics of ...


Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott Mar 2018

Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott

Boston College Law Review

On June 6, 2017, in Lowry v. City of San Diego, the U.S. Court of Appeals for the Ninth Circuit sitting en banc upheld a district court’s grant of summary judgment, dismissing a claim under 42 U.S.C. § 1983 for use of excessive force in violation of the Fourth Amendment to the U.S. Constitution, in the context of “bite and hold” training for police dogs. This Comment argues that although the use of force in Lowry may have been reasonable, the court was incorrect in deciding this question as a matter of law. The fact-intensive objective ...


The Department That Cried Wolf: Tenth Circuit Vacates Preliminary Injunction In Absence Of Likely Injury In New Mexico Department Of Game & Fish V. United States Department Of The Interior, Curtis Cranston Mar 2018

The Department That Cried Wolf: Tenth Circuit Vacates Preliminary Injunction In Absence Of Likely Injury In New Mexico Department Of Game & Fish V. United States Department Of The Interior, Curtis Cranston

Boston College Law Review

In the 2017 case, New Mexico Department of Game & Fish v. United States Department of the Interior, the United States Court of Appeals for the Tenth Circuit held that the New Mexico Department of Game and Fish (“New Mexico Department”) was not entitled to a preliminary injunction that barred the United States Fish and Wildlife Service from releasing endangered Mexican gray wolves into the wild on federal lands within New Mexico. The Tenth Circuit held that the New Mexico Department did not show that irreparable injury to its wildlife management efforts or its state sovereignty was likely. The Tenth Circuit ...


Cognitively Impaired Human, Intelligent Animals, And Legal Personhood, Richard Cupp Feb 2018

Cognitively Impaired Human, Intelligent Animals, And Legal Personhood, Richard Cupp

Florida Law Review

This Article analyzes whether courts should grant legal personhood to intelligent animal species, such as chimpanzees, with a particular focus on comparisons made to cognitively impaired humans whom the law recognizes as legal persons even though they may have less practical autonomy than intelligent animals. Granting legal personhood would allow human representatives to initiate some legal actions with the animals as direct parties to the litigation, as the law presently allows for humans with cognitive impairments that leave them incapable of representing their own interests. For example, a human asserting to act on behalf of an intelligent animal might seek ...


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Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian Feb 2018

Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian

Sustainable Development Law & Policy

No abstract provided.


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

Editor's Note, Luke Trompeter, Ingrid Lesemann

Sustainable Development Law & Policy

No abstract provided.


When Extinction Is More Ethical Than Conservation: The Endangered Species Act And The Keystone Dilemma, Miranda F. Thomas Feb 2018

When Extinction Is More Ethical Than Conservation: The Endangered Species Act And The Keystone Dilemma, Miranda F. Thomas

Exigence

This paper examines how the Endangered Species Act's measures to protect endangered species have resulted in increased rates of extinction. The author summarizes the concept of endangered keystone species and explains the processes and operations of the environmental legislation enacted to protect the species. The paper discusses the harmful consequences that certain laws have had on both species and humans, such as misappropriating resources to species that are not as endangered as others, and abusing regulations in manners that punish people for conservation efforts. By examining opposing arguments that favor increased regulation, this paper explains through data from leading ...


The Profit And Loss Report On Animal Rights: How Profit Maximization Has Driven The Stagnation Of The Legal Identification Of Animals As Property, Anthony M. Doss Feb 2018

The Profit And Loss Report On Animal Rights: How Profit Maximization Has Driven The Stagnation Of The Legal Identification Of Animals As Property, Anthony M. Doss

University of Massachusetts Law Review

The concern for the wellbeing and humane treatment of animals continues to grow in the United States. However, while public opinion on how animals should be treated has largely changed, the legal classification for animals has not. Nonhuman animals today, just as in centuries past, keep only a property classification in the law. This classification, which we humans assign to furniture, jewelry, and paper plates, comes with a set of legal rights held exclusively by the owner of the property. These rights bestow upon the owner the abilities to sell, use, and destroy the property as they see fit with ...


Militarization Of Conservation, Daniel Ryan Michel Feb 2018

Militarization Of Conservation, Daniel Ryan Michel

All Dissertations, Theses, and Capstone Projects

The world is facing biological diversity extinction of its wildlife solely caused by humans. One of the leading causes of the extinction crisis is attributed to poaching and the illegal trade of wildlife products. In search of finding suitable methods to curb the crisis, a dichotomy of overarching solutions has arisen: those who have advocated for community-based natural resource management and those who support militarized conservation. The focus of this paper is to delineate which method is, if any, the most appropriate when combatting poaching and the illegal wildlife trade. Concentrating on elephants (both African and Asian) and the rhinoceros ...


Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein Jan 2018

Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein

Brandeis School of Law Faculty Scholarship

This is an expanded version of an article published in 23 ANIMAL L.13 (2018). It examines how disability discrimination policy clarifies when animals may be allowed as accommodations in various settings. It provides basic statutory and regulatory framework for these settings, administrative agency guidance, and judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on higher education institutions and health care settings.


Localism, Labels And Animal Welfare, Samuel R. Wiseman Jan 2018

Localism, Labels And Animal Welfare, Samuel R. Wiseman

Scholarly Publications

The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanelyraised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that ...


Collaborative Management As A Mechanism For Incentivizing Private Landowners And Protecting Endangered Species, Ashley Graves Jan 2018

Collaborative Management As A Mechanism For Incentivizing Private Landowners And Protecting Endangered Species, Ashley Graves

Texas A&M Law Review

Currently, the Endangered Species Act is falling short of its potential. Even though the Endangered Species Act has provided protection for endangered and threatened species and helped some species to recover and even thrive, the fact that most listed species’ habitat is on private land remains a hurdle that has not yet been overcome. In fact, the stringent requirements imposed upon private landowners often put endangered and threatened species at risk as some private landowners will use any means possible to stop the government from finding endangered or threatened species on their land. Because of this, the United States Fish ...


The Comparative Institutions Approach To Wildlife Governance, Dean Lueck Jan 2018

The Comparative Institutions Approach To Wildlife Governance, Dean Lueck

Texas A&M Law Review

This Article develops a comparative institutions approach to wildlife governance by examining the property rights to the habitat and the stocks of wild populations. The approach is based on the transaction cost and property rights approach and lies primarily in the traditions of Coase, Barzel, Ostrom, and Williamson. The approach recognizes the often-extreme costs of delineation and enforcement of property rights to wild populations and their habitats; thus, all systems are notably imperfect compared to the typical neoclassical economics approach. These costs arise because wildlife habitat and wildlife populations are part of the land which has many attributes and uses ...


Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein Jan 2018

Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein

Faculty Scholarship

This Article discusses the problem of veterinary lien laws that treat companion animals as inanimate objects, in a modern society that often views pets as members of the family. Historically, pets, like automobiles, were subject to possessory liens. If an automobile owner couldn't pay the repair bill, the mechanic could keep possession of the car or sell the car to recoup costs. Veterinary lien laws treat companion animals in a similar fashion. If the owner cannot not pay the veterinary bill in full, the veterinarian is often permitted to keep possession of the companion animal until the bill is ...


Administrative License Renewal And Due Process -- A Case Study, Delcianna J. Winders Jan 2018

Administrative License Renewal And Due Process -- A Case Study, Delcianna J. Winders

Florida State University Law Review

Scholars have recently noted the paucity of scholarship on administrative licenses as especially significant given the prevalence-indeed ubiquity-of administrative licenses today.This Article contributes to filling that void by tackling an aspect of administrative licensing that has received especially little attention and, as a result, has been a source of serious confusion: license renewals. As this Article details, administrative license renewal practices raise interesting and important questions about administrative law and procedural due process. Does one have a property interest in a license after that license expires by its terms? Is an agency's decision not to renew a license ...


The Many Sins Of Nepa, Richard A. Epstein Jan 2018

The Many Sins Of Nepa, Richard A. Epstein

Texas A&M Law Review

Forthcoming


Agency Coordination Of Private Action: The Role Of Relational Contracting, Karen Maire Bradshaw Schulz Jan 2018

Agency Coordination Of Private Action: The Role Of Relational Contracting, Karen Maire Bradshaw Schulz

Texas A&M Law Review

This Article explores the previously overlooked role of relational contracting in forming and maintaining public-private partnerships. Relational contracting generally describes firms using formal but legally non-binding agreements to collaborate on shared objectives. Why do parties invest in forming elaborate contracts that they do not—and cannot—enforce in court? Contract theory suggests that the very act of contracting is relationship-building; it generates commitment, trust, cooperation, a win-win philosophy, and strengthened communication. Writing down goals and intentions allows parties to clarify expectations while maintaining flexibility for unforeseen conditions. This Article demonstrates that agencies also use relational contracting— creating unenforceable written agreements ...


Trophy Hunting - A Relic Of The Past, Myanna Dellinger Dec 2017

Trophy Hunting - A Relic Of The Past, Myanna Dellinger

Myanna Dellinger

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 ...


Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman Dec 2017

Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman

Phyllis Coleman

No abstract provided.


Legislating Components Of A Humane City: The Economic Impacts Of The Austin, Texas "No Kill" Resolution (City Of Austin Resolution 20091105-040), Sloane Hawes, Devrim Ikizler, Katy Loughney, Philip Tedeschi, Kevin Morris Oct 2017

Legislating Components Of A Humane City: The Economic Impacts Of The Austin, Texas "No Kill" Resolution (City Of Austin Resolution 20091105-040), Sloane Hawes, Devrim Ikizler, Katy Loughney, Philip Tedeschi, Kevin Morris

Animal Law and Legislation

This report investigates and measures the economic impacts of the City of Austin Resolution 20091105-040, commonly referred to as the “No Kill” resolution, utilizing standard impact assessment methodology. Resolution 20091105-040 resulted in the implementation of a series of recommendations that included achieving and maintaining a 90% Live Release Rate for all companion animals housed at the City of Austin’s municipal animal shelter.

In addition to exploring the specific economic impacts of Resolution 20091105- 040, this report also outlines, but does not quantify, the potential broader impacts of the Resolution on human, animal, and environmental health. These areas of impact ...


"Fowl" Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith Oct 2017

"Fowl" Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith

Alumni Works

Chickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products.


Chimpanzees In Court: Limited Legal Personhood Recognition For Standing To Challenge Captivity And Abuse, Davidson Anestal Oct 2017

Chimpanzees In Court: Limited Legal Personhood Recognition For Standing To Challenge Captivity And Abuse, Davidson Anestal

Alumni Works

No abstract provided.