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

Animal Law Commons

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

233 Full-Text Articles 169 Authors 82,225 Downloads 43 Institutions

All Articles in Animal Law

Faceted Search

233 full-text articles. Page 1 of 6.

An American Icon In Limbo: How Clarifying The Standing Doctrine Could Free Wild Horses And Empower Advocates, Nadia Aksentijevich 2014 Boston College Law School

An American Icon In Limbo: How Clarifying The Standing Doctrine Could Free Wild Horses And Empower Advocates, Nadia Aksentijevich

Boston College Environmental Affairs Law Review

The American wild horse has long been considered a cultural icon and an integral part of the ecosystem. In recognition of the need for wild horse protection, Congress enacted the Wild Free-Roaming Horses and Burros Act in 1971. Although the Act instructs Congress to manage the wild horse population by removing “excess” wild horses from public lands, it does not explicitly provide for the use of short- or long-term holding facilities as a means for removal. In considering the legality of the use of holding facilities in the service of wild horse removal programs that the plaintiffs deplore, two district ...


The Ninth Circuit Constrains Non-Enforceable Public-Private Endangered Species Conservation Agreements, Benjamin Hanna 2014 Boston College Law School

The Ninth Circuit Constrains Non-Enforceable Public-Private Endangered Species Conservation Agreements, Benjamin Hanna

Boston College Environmental Affairs Law Review

In 2009, Ruby Pipeline, L.L.C. proposed to build a 678-mile pipeline from Wyoming to Oregon that would cross through the critical habitat of endangered species. The Federal Energy Regulatory Commission and the Fish and Wildlife Service worked with Ruby to design a Conservation Action Plan consisting of voluntary measures aimed at mitigating the effects of the pipeline on nine endangered fish species. Relying on the plan, federal agencies approved the pipeline project. Environmental groups challenged the agencies’ decision to rely on a voluntary conservation plan. In Center for Biological Diversity v. U.S. Bureau of Land Management, the ...


Irrational, Ineffective, And Unethical: Breed Specific Legislation Defies Common Sense, Elizabeth J. Baker 2014 SelectedWorks

Irrational, Ineffective, And Unethical: Breed Specific Legislation Defies Common Sense, Elizabeth J. Baker

Elizabeth J. Baker

No abstract provided.


Killing Two Birds With One Stone: How An Incidental Take Permit Program Under The Mbta Can Help Companies And Migratory Birds, Krisztina Nadasdy 2014 Boston College Law School

Killing Two Birds With One Stone: How An Incidental Take Permit Program Under The Mbta Can Help Companies And Migratory Birds, Krisztina Nadasdy

Boston College Environmental Affairs Law Review

Under the Migratory Bird Treaty Act (MBTA), it is unlawful to kill a migratory bird “by any means, or in any manner” without a permit. The United States has interpreted the language “by any means, or in any manner” to include the incidental killing of birds. In conflict with this interpretation, however, is the fact that permits for the incidental killing of migratory birds are not issued under the MBTA. This current system hurts both migratory birds and the entities whose commercial activities might result in migratory bird deaths. Birds continue to die in large numbers while entities cannot acquire ...


Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes 2014 SelectedWorks

Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes

Alexandra B. Rhodes

Scholars disagree over the best way to seal the cracks within American law through which animals often fall. Accordingly, this Comment analyzes animal law development, existing theories for advocacy, the status of great ape protection within animal law, and concludes with a novel approach to protecting primates from abuse in the medical and entertainment industries. In light of proposals like the Great Ape Protection Act and the recent petition to Fish and Wildlife Services to end the split-listing of chimpanzees, the question of legal great ape protection is particularly relevant today. The topic is timely as well as timeless; after ...


Irrational, Ineffective And Unethical: Breed Specific Legislation Defies Common Sense, Elizabeth J. Baker 2014 SelectedWorks

Irrational, Ineffective And Unethical: Breed Specific Legislation Defies Common Sense, Elizabeth J. Baker

Elizabeth J. Baker

No abstract provided.


Solving The Problem Of Puppy Mills: Why The Animal Welfare Movement's Bark Is Stronger Than Its Bite, Kailey A. Burger 2014 Washington University School of Law

Solving The Problem Of Puppy Mills: Why The Animal Welfare Movement's Bark Is Stronger Than Its Bite, Kailey A. Burger

Washington University Journal of Law & Policy

The relationship between man and dog is one characterized by companionship, service, and love; but dogs serve a variety of functions beyond just "man‘s best friend." These companion animals provide valuable assistance to people with disabilities, in military and police service, in therapeutic contexts, and in numerous other areas of life. With approximately 78.2 million pet dogs in the United States, and approximately 39 percent of U.S. households owning at least one dog, it is no surprise that so many animal welfare activists and organizations possess a deep passion for protecting and improving the lives of these ...


Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border, Marya Torrez 2014 SelectedWorks

Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border, Marya Torrez

Marya Torrez

No abstract provided.


Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca J. Huss 2013 University of Nevada, Las Vegas -- William S. Boyd School of Law

Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca J. Huss

Nevada Law Journal

No abstract provided.


Stop Monkeying Around With Human Health: Moving Human Drug Development Into The 21st Century By Abandoning Animal Models, Validating Emerging Testing Methods, Updating Fda Regulations, And Issuing Fda Guidance, Elizabeth J. Baker 2013 SelectedWorks

Stop Monkeying Around With Human Health: Moving Human Drug Development Into The 21st Century By Abandoning Animal Models, Validating Emerging Testing Methods, Updating Fda Regulations, And Issuing Fda Guidance, Elizabeth J. Baker

Elizabeth J. Baker

The current drug development paradigm relies on in vitro testing and in vivo animal models to screen which drugs should continue the development process and be tested in humans. Data from animal models is a problematic screening tool for human drugs because it often cannot be transposed to human clinical testing, and most animal-based testing methods have never been scientifically validated.

The FDA will play a fundamental role in modernizing drug development because the FDA regulates and oversees drug development. Although the FDA has stated its concern with reliance on animal model data, and a need for a better drug ...


Fuzzy Toys And Fuzzy Feelings: How The "Disney" Culture Provides The Necessary Psychological Link To Improving Animal Welfare, Lindsay Schafer 2013 SelectedWorks

Fuzzy Toys And Fuzzy Feelings: How The "Disney" Culture Provides The Necessary Psychological Link To Improving Animal Welfare, Lindsay Schafer

Lindsay Schafer

The spread of the animal welfare movement in the United States coincided with the Walt Disney Company's entrance into American media. This article explains how pop culture helped spark the animal rights movement and why the Disney culture was and continues to be crucial to the movement's proliferation and success.


All Bite And No Bark: Nonspecific Magic Words Sweep Aside Constitutional Concerns And Remove The Northern Rocky Mountain Gray Wolf From Endangered Species Act Protection In Alliance For The Wild Rockies V. Salazar, Emily A. Cathcart 2013 Villanova University School of Law

All Bite And No Bark: Nonspecific Magic Words Sweep Aside Constitutional Concerns And Remove The Northern Rocky Mountain Gray Wolf From Endangered Species Act Protection In Alliance For The Wild Rockies V. Salazar, Emily A. Cathcart

Villanova Environmental Law Journal

No abstract provided.


Time For Judicial Enforcement Of Esa Recovery Plans?... "When [Squirrels] Fly", Michael Deiulis 2013 Boston College Law School

Time For Judicial Enforcement Of Esa Recovery Plans?... "When [Squirrels] Fly", Michael Deiulis

Boston College Environmental Affairs Law Review

In August 2008, the U.S. Fish and Wildlife Service published a final rule in the Federal Register officially removing the West Virginia northern flying squirrel from the List of Threatened and Endangered Wildlife, approximately twenty-three years after it was originally listed. The flying squirrel’s delisting proved quite controversial and many environmentalists challenged the agency’s decision for violating of the Endangered Species Act. The D.C. Circuit, in Friends of Blackwater v. Salazar, nevertheless upheld the FWS’s delisting decision, finding that ESA recovery plans merely provide non-binding guidance. This Comment argues that although the D.C. Circuit ...


The Thirsty Cattle Exception: How An Antiquated Law Could Dry Up Eastern Washington, Sean Hickey 2013 Boston College Law School

The Thirsty Cattle Exception: How An Antiquated Law Could Dry Up Eastern Washington, Sean Hickey

Boston College Environmental Affairs Law Review

Groundwater is a scarce resource in the arid plains of the northwestern United States. Accordingly, its high demand by farmers and cattle ranchers has led to a series of laws restricting and governing its use. The Supreme Court of Washington recently ruled in Five Corners Family Farmers v. State that one of these statutes, drafted decades ago, allows for unlimited water to be used for the purposes of watering cattle. This Comment reviews the competing arguments of this case, and focuses on the method the court used in making its determination. This Comment addresses the plain meaning of the statute ...


North Dakota: Flipping The Bird At The Migratory Bird Treaty Act Since 2012, Krisztina Nadasdy 2013 Boston College Law School

North Dakota: Flipping The Bird At The Migratory Bird Treaty Act Since 2012, Krisztina Nadasdy

Boston College Environmental Affairs Law Review

Under the Migratory Bird Treaty Act (MBTA) it is a federal misdemeanor to kill a migratory bird “by any means, or in any manner.” In 2012, three oil and gas companies operating in the Bakken region of North Dakota were charged with violations of the MBTA after dead and oiled birds were found in and around their oil reserve pits. In United States v. Brigham Oil & Gas, L.P., the companies challenged the violations by claiming that the MBTA applied only to conduct directed at birds, and not to lawful commercial activities that might result in the incidental death of ...


Endangered Precedent: Interpreting Agency Action And The Duty To Consult Under Section 7 Of The Esa In Light Of Karuk, Jeffrey Pike 2013 Boston College Law School

Endangered Precedent: Interpreting Agency Action And The Duty To Consult Under Section 7 Of The Esa In Light Of Karuk, Jeffrey Pike

Boston College Environmental Affairs Law Review

Following the designation of the West Coast coho salmon as a threatened species under the Endangered Species Act, and the ensuing designation of the Klamath River system in the Pacific Northwest as critical habitat for the species, the indigenous Karuk Tribe challenged the U.S. Forest Service’s mining permit approval practices in Karuk Tribe of California v. U.S. Forest Service. Under Section 7 of the ESA, an agency must consult with one of two outside resources in instances where the agency’s actions “may affect” an endangered population. In reversing the district court’s denial of summary judgment ...


Climate Regulation As If The Planet Matters: The Earth Jurisprudence Approach To Climate Change, Glenn Wright 2013 Barry University School of Law

Climate Regulation As If The Planet Matters: The Earth Jurisprudence Approach To Climate Change, Glenn Wright

Environmental and Earth Law Journal

It is now beyond doubt that humans are having an enormously detrimental impact on the natural world. In the face of the incredible environmental challenges we face, new and radical ideas have emerged about how we should regulate human behavior. This paper briefly focuses on the failure of current legal regimes to address climate change, and considers how climate governance would look under the Earth Jurisprudence approach: setting our laws within the context of fundamental principles of ecology and planetary boundaries. Consideration is given to how existing legal concepts could be used to achieve this vision. The paper concludes that ...


State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, bianca isaki 2013 Barry University School of Law

State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki

Environmental and Earth Law Journal

This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a “predator-proof” fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka`ena Point, a state wilderness park in Hawai`i. First, this paper shifts debates framed in terms of the seeming recalcitrance of Native Hawaiian cultural practitioners to recognize the necessity of natural resource management. Second, it considers how these political debates are repeated in the context of legal questions over the forms through which Native Hawaiian cultural ...


Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp 2013 Barry University School of Law

Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp

Environmental and Earth Law Journal

The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America’s dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners, who are attempting to fend off the project because they believe it will displace them of their own lands as well as disrupt the natural ecosystems that lay in the pipeline’s path. In the wake of a presidential veto of the project and renewed sentiment by the ...


Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior 2013 Barry University School of Law

Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior

Environmental and Earth Law Journal

The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990’s. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and ordered the Environmental Protection Agency to set nutrient criteria for the water bodies in the state of Florida until the Florida Department of Environmental Protection complies with the Clean Water Act.

This article uses the principles of environmental justice to analyze ...


Digital Commons powered by bepress