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For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi 2015 Memorial University

For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.


Idaho's Ag-Gag Law Goes Down And Other States May Be Next, Stacey L. Gordon 2015 Alexander Blewett III School of Law at the University of Montana

Idaho's Ag-Gag Law Goes Down And Other States May Be Next, Stacey L. Gordon

Faculty Journal Articles & Other Writings

In 2014, an undercover investigator working for Mercy For Animals documented horrific animal cruelty at the Dry Creek Dairy in Hansen, Idaho. Video of the abuse was released nationally. The owners of the dairy instituted reforms and the abusers were prosecuted. But the law that was passed this time, within months of the video’s release, protects neither the animals nor the food supply, but the agriculture industry.


Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood 2015 Pacific Legal Foundation

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Jonathan Wood

The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but ...


An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green 2015 Pace University School of Law

An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green

Pace International Law Review

The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators from the ...


Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib 2015 Seattle University School of Law

Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib

Seattle University Law Review

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky 2015 Seattle University School of Law

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even ...


Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig 2015 Seattle University School of Law

Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig

Seattle University Law Review

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and ...


Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns 2015 Seattle University School of Law

Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns

Seattle University Law Review

Despite knowledge that commerce in food is a profit-driven enterprise, the public has consistently put great faith in the wholesomeness and safety of the food being purchased. To some extent, such faith is necessary, even if not always justified. In making the decision to put a bite of food in one’s own mouth, or the mouth of a friend or family member, a form of faith or trust must accompany the act of eating. For who would knowingly eat food suspected to be unsafe? But that is precisely what millions of people do every year, with a great many ...


Bringing Southern Bluefin Tuna Back From The Brink: Enhancing Understanding Of The Scientific Process In The Western And Central Pacific Fisheries Commission, Chris Wold, Emi Kondo, Erika Hamilton 2015 Lewis & Clark Law School

Bringing Southern Bluefin Tuna Back From The Brink: Enhancing Understanding Of The Scientific Process In The Western And Central Pacific Fisheries Commission, Chris Wold, Emi Kondo, Erika Hamilton

Boston College Environmental Affairs Law Review

The Commission of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean, or the WCPFC, manages fish stocks of significant financial and ecological value across a vast area of the Pacific Ocean. WCPFC members, however, have disagreed sharply over management measures for tuna, sharks, and other species. These disagreements have arisen due to ambiguous text in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean regarding the roles of the Convention’s subsidiary bodies and providers of scientific advice. Some members argue that only ...


Subverting Congress' Intent: The Recent Misapplication Of Section 10 Of The Endangered Species Act And Its Consequent Impacts On Sensitive Wildlife And Habitat, William S. Eubanks II 2015 Meyer, Glitzenstein & Crystal

Subverting Congress' Intent: The Recent Misapplication Of Section 10 Of The Endangered Species Act And Its Consequent Impacts On Sensitive Wildlife And Habitat, William S. Eubanks Ii

Boston College Environmental Affairs Law Review

Section 9 of the Endangered Species Act, or the ESA, strictly prohibits any person or other entity from “taking” any endangered or threatened species, whether purposefully or incidentally. In section 10 of the ESA, Congress created two distinct permit mechanisms to allow the U.S. Fish and Wildlife Service, or FWS, to authorize take in certain limited circumstances—namely recovery permits for purely scientific research and incidental take permits, or ITPs, for non-scientific endeavors where such taking is incidental to, and not the purpose of, an otherwise lawful activity. Because scientific research benefitting the species at issue is not a ...


Essentially Reasonable?: Why The Ninth Circuit’S Decision In Native Village Of Point Hope Strays From The Purpose Of Nepa, Timothy Wright 2015 Boston College Law School

Essentially Reasonable?: Why The Ninth Circuit’S Decision In Native Village Of Point Hope Strays From The Purpose Of Nepa, Timothy Wright

Boston College Environmental Affairs Law Review

In Native Village of Point Hope v. Jewell, the U.S. Court of Appeals for the Ninth Circuit found that the Bureau of Ocean Energy Management did not have to include information on animal populations in its environmental impact statement (“EIS”) at the lease-sale stage of the Outer Continental Shelf Lands Act oil and gas development program. Federal agencies are required to complete an EIS before conducting a major federal action. This process ensures that decision-makers take a hard look at adverse environmental impacts. The Ninth Circuit concluded in Native Village of Point Hope that coverage of animal populations is ...


Budgetary Scapegoat: The U.S. Fish And Wildlife Service’S Inefficiency On Trial In Conservation Force V. Jewell, Andrew Bartholomew 2015 Boston College Law School

Budgetary Scapegoat: The U.S. Fish And Wildlife Service’S Inefficiency On Trial In Conservation Force V. Jewell, Andrew Bartholomew

Boston College Environmental Affairs Law Review

By the early 1980s, the population of the straight-horned markhor—a large, shaggy goat with impressive spiraling horns native to the mountains of Pakistan—had dipped so low that the U.S. Fish & Wildlife Service (“FWS”) classified it as endangered. But when a group of conservationists and hunters petitioned the FWS to have the animal reclassified from an endangered species to the lower protection level of threatened pursuant to the Endangered Species Act species protection regime, they were largely ignored. The group then sued the FWS in federal court to compel the Agency to perform its statutory duty. In Conservation ...


Who’S Afraid Of The Big Bad Half-Wolf? A Paper Examining The Question Of How States Should Regulate Wolf-Hybrids., George R. Holton 2015 The George Washington University Law School

Who’S Afraid Of The Big Bad Half-Wolf? A Paper Examining The Question Of How States Should Regulate Wolf-Hybrids., George R. Holton

George R Holton

In recent years there have been two growing trends. First, the trend of municipalities banning the ownership of a variety of dog breeds, particularly the dogs commonly referred to as “pit bulls”. There is also a growing trend in the ownership of what are called “wolf-hybrids”, animals that are bred by mixing wild wolves with domesticated dogs. As this ownership has continued to grow, municipalities are searching for ways to control what many see as ownership of animals they consider to be wild. This raises several questions. First, what exactly makes a hybrid animal a hybrid animal? Second, what biological ...


Killing To Save: Trophy Hunting And Conservation In Mongolia, Lucy Page 2015 SIT Study Abroad

Killing To Save: Trophy Hunting And Conservation In Mongolia, Lucy Page

Independent Study Project (ISP) Collection

Since transitioning to capitalism in 1990, Mongolia’s wildlife has faced growing threats from the development of infrastructure, increasing livestock populations, and the expansion of an illegal trade in wildlife products. As wildlife populations face these growing risks, Mongolia needs to develop and implement strong wildlife management practices, including tighter enforcement of existing wildlife trade laws, more frequent wildlife population studies, and better legislation. However, these revisions will require significant funding. Trophy hunting, the system through which the Mongolian government sells wealthy foreigners expensive permits to hunt species like argali, ibex, wolf, and roe deer, may be a major source ...


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


A Solution In Search Of A Problem: The Difficulty With State Constitutional "Right To Hunt" Amendments, Stacey Gordon 2015 University of Montana School of Law

A Solution In Search Of A Problem: The Difficulty With State Constitutional "Right To Hunt" Amendments, Stacey Gordon

Public Land and Resources Law Review

This article explores the facets of hunting amendments. Part I traces the legal history of protections for hunting, from early laws to preserve hunting for the people to modern hunter harassment statutes. Part II analyzes the forms of hunting amendments—some guarantee a right, others only recognize a heritage; some are fundamental rights, others are less strong; some are limited by private property rights, others are absolute. Nonetheless, they have a common source. Part III considers the impacts— possibly unintended consequences—of hunting amendments. Finally, Part IV suggests that while there are unrecognized common values between hunters and animal welfare ...


In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu 2015 Florida State University College of Law

In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu

Shi-Ling Hsu

American agriculture is inexorably concentrating into the hands of a small number of large conglomerates. Expanding farms pursuing scale economies would also normally have to abide by a system of environmental and other laws that would, in theory, require farms to account for negative externalities. If those laws were observed and enforced, they would help strike a balance between the greater profitability and the larger externalities of larger farms. But these laws are not widely observed and not rigorously enforced, upsetting this balance and giving large-scale farms a cost advantage while insulating them from corresponding responsibilities.

Perhaps nowhere in agriculture ...


Foie Gras Ban In California, Erica Williams Morris 2015 Golden Gate University School of Law

Foie Gras Ban In California, Erica Williams Morris

Golden Gate University Law Review

Section 25982 of the California Health and Safety Code was unsuccessfully challenged by one restaurant that served foie gras to customers for many years prior to the ban imposed by the statute. If the courts do not invalidate the statute, foie gras will be permanently banned in the state. The statute is unconstitutional, and if challenged correctly, the courts should so find. However, although foie gras production is very controversial, there are alternative methods that allow all interested parties have what they want: foie gras and happy birds.


Buzzkill: How The Epa’S Inaction Is Killing America’S Bees, Kelsey Ott 2015 College of William & Mary Law School

Buzzkill: How The Epa’S Inaction Is Killing America’S Bees, Kelsey Ott

William & Mary Environmental Law and Policy Review

No abstract provided.


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