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795 full-text articles. Page 17 of 17.

Erau Aviation Wildlife Hazard Newsletter, Paul Eschenfelder 2010 Embry Riddle Aeronautical University - Daytona Beach

Erau Aviation Wildlife Hazard Newsletter, Paul Eschenfelder

Paul F. Eschenfelder

No abstract provided.


Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey 2010 Villanova University Charles Widger School of Law

Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey

Villanova Environmental Law Journal

No abstract provided.


Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima 2010 University of Texas at El Paso

Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima

Great Plains Quarterly

In North America, building fences was an essential part of life for the English settlers from the beginning. Departing from the English common law rule that required owners to fence in their cattle, nearly all the colonial legislatures and courts imposed upon landowners a duty to fence their property against trespassing cattle.l The reasons were partly to increase the meager supply of livestock by permitting cattle to wander about in order to breed faster and partly to make full use of the vast virgin forest and grassland. Gradually, however, in New England and in much of New York and ...


Animal Law - When Dogs Bite: A Fair, Effective, And Comprehensive Solution To The Contemporary Problem Of Dog Attacks, Jonathan R. Shulan 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Animal Law - When Dogs Bite: A Fair, Effective, And Comprehensive Solution To The Contemporary Problem Of Dog Attacks, Jonathan R. Shulan

University of Arkansas at Little Rock Law Review

No abstract provided.


The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes 2010 John Marshall Law School

The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes

The John Marshall Law Review

No abstract provided.


The Consequence Of Human Differences, Jospeh Vining 2010 University of Michigan Law School

The Consequence Of Human Differences, Jospeh Vining

Articles

This essay explores the ways in which the recognition of individual and person in the legal form of thought distinguishes it from forms of thought in evolutionary biology and mathematics that are put forward as means to a complete picture of the world. The essay observes that the legal form of thought is in fact deeply involved in our modern understanding of Nature itself.


The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman 2010 Indiana University Maurer School of Law

The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman

Articles by Maurer Faculty

Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of ...


Wildlife Rights, David Favre 2009 Michigan State University

Wildlife Rights, David Favre

David Favre

Abstract: This article begins by briefly exploring the extent to which wildlife, historically and presently, have a place within our society, culture and legal system. Then, building upon the reality that wildlife, like humans, have personal interests in living their individual lives, suggests five principles for developing laws and programs to better accommodate wildlife interests in the legal system. Individuals, species and geographic groups are presented as focus points for thinking about wildlife interests. Additionally, the three possibilities of who should be the plaintiff for asserting wildlife rights are described: government, private parties and the wildlife themselves. Finally, the article ...


Future Children As Property, Carter Dillard 2009 Emory University

Future Children As Property, Carter Dillard

Carter Dillard

Between Skinner v. Oklahoma and the advent of modern substantive due process, procreation, at least in the eyes of many courts and commentators, became entrenched as a fundamental, if not absolute, right. And yet ironically, the establishment of this right, often taken as symbolic of personal liberty, has diminished autonomy for those persons inevitably caught on the other end of it – our future children. Expanding procreative autonomy has diminished public norms that might otherwise ensure that future children are born into circumstances that also expand their autonomy. Instead, the broad, modern, privacy-based version of the right to procreate leaves the ...


Valuing Having Children, Carter Dillard 2009 Emory University

Valuing Having Children, Carter Dillard

Carter Dillard

Are there objective values on which to base the claim of a right to procreate? Can we articulate reasons for having children so powerful that they justify our doing so, as a matter of right, even where it would conflict with the interests and values of others? This Article systematically and critically examines many of the values that, before now, courts and commentators have simply presumed and relied upon when making the claim that there is and ought to be a fundamental right to have children. This Article first develops a methodology for examining the values and interests on which ...


Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss 2009 Selected Works

Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss

Rebecca J. Huss

This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.Note from Author: After the publication of this article, in July 2010, final regulations for the ADA were released. These final regulations can be found at 75 Fed. Reg. 56164 (Sept. 15, 2010) (applying to state ...


Antecedent Law: The Law Of People Making, Carter Dillard 2009 Emory University

Antecedent Law: The Law Of People Making, Carter Dillard

Carter Dillard

In our conception of law we have largely presumed the process by which the people whose behavior the law is meant to regulate come to be present and susceptible to the law's influence. As a result, that process is largely outside of our account of the law, and any role the law might have over the matter is relatively ignored. This article introduces a simple and concrete conceptual device, a form of law called antecedent law, which seeks to undo this presumption and refocus our attention on that which can determine the presence of persons in the polity and ...


What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell 2009 University of Oregon

What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell

Caroline A Forell

In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on ...


Procreation, Harm, And The Constitution, Carter Dillard 2009 Emory University

Procreation, Harm, And The Constitution, Carter Dillard

Carter Dillard

This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances? Second, can the state justify a legal prohibition on procreation in those circumstances using that moral reasoning, so that the law would likely be constitutional?

These questions are not new, but my answers to them are and add to the existing literature in several ways. First, I offer a possible resolution to a recent debate among legal scholars regarding what ...


Airport Wildlife Hazard Control, Paul F. Eschenfelder 2009 Embry Riddle Aeronautical University - Daytona Beach

Airport Wildlife Hazard Control, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


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