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Full-Text Articles in Legal History
Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson
Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson
Contributions to Books
This casebook offers a view of natural resources law rich in history, yet exposing students to the complexities of practicing natural resources law in the 21st century. Given that the focus of most Natural Resources Law casebooks is public lands and public law (often at the federal level), this casebook is unique in its primary focus on natural resource conflicts on private lands and its significant focus on private law (though public law is also a focus). While we include chapters on federal public lands and areas of federal primacy like wetlands regulation and endangered species protection, our focus is …
The Historical And Contemporary Prosecution And Punishment Of Animals, Jen Girgen
The Historical And Contemporary Prosecution And Punishment Of Animals, Jen Girgen
Animal Law Review
This article analyzes the role of the animal “offender,” by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have ended (for the most part), we continue to punish animals for their “crimes” against human beings. She suggests that we do this primarily to achieve two ends: the restoration of order and the achievement of revenge, and concludes with a call for a renewed emphasis on “due process” for animals threatened with punishment for their offenses.
Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau
Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau
Animal Law Review
This article offers an extended analogy for the purpose of posing basic questions about proposals for granting legal rights to some nonhuman animals. The analogy is drawn from the precedent-breaking eighteenth century English case Somerset v. Stewart, which liberated an African slave. The article argues that one can identify features of the eighteenth century debate which illuminate features of today's debate over proposed uses of centrally important legal concepts for some nonhuman animals. Using the comparison for the limited task of highlighting the complex cultural backdrop in each situation, the article suggests that the comparison helps one see the nature …