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Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira 2016 Barry University School of Law

Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira

Environmental and Earth Law Journal (EELJ)

In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.


Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb 2016 Barry University School of Law

Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb

Environmental and Earth Law Journal (EELJ)

Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European ...


Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez 2016 Barry University School of Law

Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez

Environmental and Earth Law Journal (EELJ)

This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb ...


Equal Protection For Animals, Pat Andriola 2016 New York University School of Law

Equal Protection For Animals, Pat Andriola

Environmental and Earth Law Journal (EELJ)

This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.


Protecting The Delta Smelt: Environmental Organizations Have Standing To Enforce The Endangered Species Act’S Consultation Requirement, Alexandra Shalom 2016 Boston College Law School

Protecting The Delta Smelt: Environmental Organizations Have Standing To Enforce The Endangered Species Act’S Consultation Requirement, Alexandra Shalom

Boston College Environmental Affairs Law Review

In January 1993, the U.S. Fish & Wild Life Service (“FWS”) added the delta smelt, a small, silvery blue fish, to the Endangered Species Act’s (“ESA”) list of threatened wildlife. Species on the list are entitled to the ESA’s protections. In Natural Resource Defense Council v. Jewell, the Natural Resource Defense Council (“NRDC”) brought an action against the Bureau of Reclamation (the “Bureau”) for violating Section 7(a)(2) of the ESA, the consultation requirement, to protect the delta smelt. The consultation provision required the Bureau to consult with the FWS before it renewed contracts that controlled water ...


The Legal Rights Of All Living Things, Stacey L. Gordon 2016 Alexander Blewett III School of Law at the University of Montana

The Legal Rights Of All Living Things, Stacey L. Gordon

Faculty Journal Articles & Other Writings

This article explores the nuances in the development of environmental standing, looking especially at the cases that can inform animal law. Because animals are part of the natural environment and some statutes protecting animals, like the ESA and MMPA, are often characterized as environmental law statutes, several of the critical cases are already animal law cases, including the fundamental case of Lujan v. Defenders of Wildlife.12 For the purposes of understanding the development of standing for natural objects, Part I examines these cases in addition to traditional environmental standing cases. Part II addresses the lessons learned from those cases ...


Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham 2016 Physicians Committee for Responsible Medicine

Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham

Jonathan Balcombe, Ph.D.

The 1985 amendment to the United States Animal Welfare Act (AWA) to promote psychological well being of primates in the laboratory represents an acknowledgment of an important welfare problem concerning nonhuman animals. How effective has this amendment been? Perhaps the best-known contributor to psychological distress in primates in the laboratory is nonsocial housing; yet, available analyses suggest that little progress has been made in avoiding single-caging of these animals. Another way to assess psychological well being is to examine rates of self-abusive behavior in laboratory primates. If the AWA has been effective, then post-AWA self-harm rates might be lower than ...


Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham 2016 Physicians Committee for Responsible Medicine

Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham

Debra Durham, Ph.D.

The 1985 amendment to the United States Animal Welfare Act (AWA) to promote psychological well being of primates in the laboratory represents an acknowledgment of an important welfare problem concerning nonhuman animals. How effective has this amendment been? Perhaps the best-known contributor to psychological distress in primates in the laboratory is nonsocial housing; yet, available analyses suggest that little progress has been made in avoiding single-caging of these animals. Another way to assess psychological well being is to examine rates of self-abusive behavior in laboratory primates. If the AWA has been effective, then post-AWA self-harm rates might be lower than ...


Focusing On Human Responsibility Rather Than Legal Personhood For Nonhuman Animals, Richard L. Cupp Jr. 2016 Pepperdine University School of Law

Focusing On Human Responsibility Rather Than Legal Personhood For Nonhuman Animals, Richard L. Cupp Jr.

Pace Environmental Law Review

We should focus on human legal accountability for responsible treatment of nonhuman animals rather than radically restructuring our legal system to make them legal persons. This essay, provided at the kind invitation of the Pace Environmental Law Review (PELR) and Steven Wise, President of the Nonhuman Rights Project, Inc., outlines a number of concerns about animal legal personhood. It does so primarily in the context of the plaintiff’s brief in The Nonhuman Rights Project, Inc. v. Lavery, filed in the New York Supreme Court, New York County. The first Lavery lawsuit (Lavery I) was filed in Fulton County in ...


Gray Area: Court Of Arbitration For Sport Says Neigh To Reconsidering Strict Liability For Equestrian Sport, Mary Zoeller 2016 Villanova University Charles Widger School of Law

Gray Area: Court Of Arbitration For Sport Says Neigh To Reconsidering Strict Liability For Equestrian Sport, Mary Zoeller

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Trouble On The High Seas: A Need For Change In The Wake Of Australia V. Japan, Matt DiCenso 2016 Boston College Law School

Trouble On The High Seas: A Need For Change In The Wake Of Australia V. Japan, Matt Dicenso

Boston College International and Comparative Law Review

On March 31, 2014, the International Court of Justice (ICJ) held that Japan’s whaling program, known as JARPA II, lacked scientific merit and thus violated three provisions of the Schedule to the International Convention for the Regulation of Whaling (ICRW). This victory for whale conservationists was short-lived, however, as Japan, ignoring procedural safeguards put in place by the International Whaling Commission (IWC), soon announced its plan to launch a new whaling program in conformity with both the ICJ’s decision and the ICRW. Japan’s course of action highlights not only the limited applicability of the ICJ’s judgment ...


Habeas For Homo Troglodytes, Aram Hauslaib 2016 Golden Gate University School of Law

Habeas For Homo Troglodytes, Aram Hauslaib

GGU Law Review Blog

The chimpanzee is the human’s closest living relative. In fact, chimps are closer to humans than to gorillas or orangutans. Given this, there are those who propose chimpanzees be reclassified to the human genus, Homo, giving them the scientific name Homo troglodytes. The change in the classification could prove critical, as the rights held by men and women today have repeatedly hinged on how they were defined.


"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives, Ashley D. Keefer 2016 Villanova University Charles Widger School of Law

"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives, Ashley D. Keefer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A Public Policy Toward The Management Of Feral Cats, Shawn Gorman, Julie Levy 2016 Franklin Pierce Law Center

A Public Policy Toward The Management Of Feral Cats, Shawn Gorman, Julie Levy

University of New Hampshire Law Review

[Excerpt] "There is an ongoing debate concerning the environmental impacts and appropriate control measures for the domestic cat population. Domestic cats have become America’s most popular choice for pets, and an estimated 9-12% of households feed “free-roaming” neighborhood cats. Almost 40% of the estimated seventy million cats in the United States may live a free roaming lifestyle without control of reproduction. With a seasonally polyestrus breeding structure and isolated from human influences, feral cats have acclimated to several habitats ranging from sub-Antarctic islands and urban settings to temperate farmlands. Because cats have been domesticated by humans and transported throughout ...


Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson 2016 Alexander Blewett III School of Law at the University of Montana

Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson

Public Land and Resources Law Review

The Eastern Louisiana District Court upheld Amendment 40 to the Gulf of Mexico Fishery Management Council’s Reef Management Plan. The court held that the Gulf Council and the National Marine Fisheries Service’s proposed rule establishing fishing quotas for the red snapper met all of the statutory guidelines imposed under the Magnusson-Stevens Act.


An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn 2016 Animal Legal Defense Fund

An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

Legislation throughout the U.S. recognizes animal sentience and the importance of veterinary reporting to combat the ongoing suffering of these animal victims: All 50 states have felony penalties available for animal cruelty crimes, and veterinary reporting is permitted or required in the majority of states. The remaining minority of U.S. states should take action to require veterinarians to report animal cruelty and render veterinarians immune for good faith reporting.


Metro Nashville Animal Seizure Authority Memorandum Opinion.Pdf, Daniel Horwitz 2016 Selected Works

Metro Nashville Animal Seizure Authority Memorandum Opinion.Pdf, Daniel Horwitz

Daniel A. Horwitz

Neither the United States Constitution nor the Tennessee Constitution prohibits warrantless searches or seizures under circumstances when immediate intervention is necessary to save the life of an animal.  Similarly, as a general matter, due process is not offended by impounding an animal prior to a hearing so long impoundment is necessary to respond to an emergency situation and so long as the animal’s owner is promptly afforded a post-impoundment hearing.  Accordingly, Metro law enforcement officials are well within their authority to take immediate action to rescue dogs and other animals that are being abused, mistreated or maintained in dangerous ...


Has Blue Overshadowed Green?: The Ecological Need To Eradicate Hunting Blue Laws, Allie Humphreys 2016 College of William & Mary Law School

Has Blue Overshadowed Green?: The Ecological Need To Eradicate Hunting Blue Laws, Allie Humphreys

William & Mary Environmental Law and Policy Review

No abstract provided.


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, Cayleigh Eckhardt 2016 Pace Law School

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, Cayleigh Eckhardt

Boston College Environmental Affairs Law Review

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 ...


The Business And Ethics Of Laying Hens: California's Groundbreaking Law Goes Into Effect On Animal Confinement, Valerie J. Watnick 2016 Baruch College

The Business And Ethics Of Laying Hens: California's Groundbreaking Law Goes Into Effect On Animal Confinement, Valerie J. Watnick

Boston College Environmental Affairs Law Review

In the United States, most laying hens are routinely subjected to cruel treatment and forced to live in such extreme confinement that they are unable to fully extend their limbs or turn around. In 2008, California took a stand against these inhumane practices by enacting the Prevention of Farm Animal Cruelty Act, also known as Proposition 2, which banned the use of inordinately small “battery cages” to house laying hens. In 2010, California passed an amendment to Proposition 2, requiring all eggs sold within California, regardless of where they are produced, to comply with the new law. Other states have ...


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