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Law 10487 Animal Law 2nd Edition, Anne Louise Schillmoller, Amber Hall 2010 Southern Cross University

Law 10487 Animal Law 2nd Edition, Anne Louise Schillmoller, Amber Hall

Anne Schillmoller

To some extent, the name of this unit, ‘Animal Law’, is a misnomer. While the central concern of this unit is with the well-being and protection of non-human animals, its practical focus is upon the ways in which humans and human institutions, including the apparatus of law, regard, regulate, and interact with non-human beings. Such a focus exhorts ‘we’ humans to reflect upon our behaviours, practices, attitudes and responsibilities towards non-human animals. Specifically, it requires us to interrogate and challenge the assumed sovereignty of humans over animals, the ways in which human interests are routinely privileged over those of animals ...


Gaining Ground: Towards A Discourse Of Posthuman Animality, Anne Louise Schillmoller 2010 Southern Cross University

Gaining Ground: Towards A Discourse Of Posthuman Animality, Anne Louise Schillmoller

Anne Schillmoller

Edit My Photo Join My Mailing List Edit Author InfoAnne Louise Schillmoller Southern Cross University ■Contact Information Edit Author Background Edit Links Search the Selected Works of Anne Louise Schillmoller Search All Sites User Guide Read Our FAQs Contact Support RSS Feed Print this page Bookmark Update Site Articles Next»Revise WithdrawCancelGaining Ground: Towards a Discourse of Posthuman AnimalityAnne Louise Schillmoller, School of Law and Justice Southern Cross University Abstract The paper seeks articulate possibilities for a reciprocal ground of animality, a non hegemonic conceptual frontier within which the sovereign terrain of liberal humanism might yield to networks of alliances ...


Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey, Anne Louise Schillmoller 2010 Southern Cross University

Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey, Anne Louise Schillmoller

Anne Schillmoller

The paper seeks articulate possibilities for a reciprocal ground of animality, a non hegemonic conceptual frontier within which the sovereign terrain of liberal humanism might yield to networks of alliances and reciprocities among human and other animals. The objective is to locate topographies where the conditions of creaturely life may be conceptualised in relational and non anthropocentric terms. It seeks to identify possibilities for a discourse of animality which avoids the haunting spectre of humanism. Specifically, it explore routes which may avoid the dualisms of western thought and identify alternative ways by which animality might be conceptualised and represented. Its ...


Canines In The Classroom: Service Animals In Primary And Secondary Educational Institutions, Rebecca J. Huss 2010 Selected Works

Canines In The Classroom: Service Animals In Primary And Secondary Educational Institutions, Rebecca J. Huss

Rebecca J. Huss

This Article focuses on the issue of whether a child with a disability has the legal right to attend a primary or secondary school with a service animal. It begins by setting forth basic information regarding the children who are currently receiving special education services and discussing the increasing number of animals placed into service with individuals under the age of eighteen, focusing on the recent trend of utilizing service animals to assist children with an autism spectrum disorder. Studies relating to the common argument against allowing service animals in schools – the impact of service animals on others with allergies ...


The Entitlement Of Chimpanzees To The Common Law Writs Of Habeas Corpus And De Homine Replegiando, Steven M. Wise 2010 Golden Gate University School of Law

The Entitlement Of Chimpanzees To The Common Law Writs Of Habeas Corpus And De Homine Replegiando, Steven M. Wise

Golden Gate University Law Review

In this Article, I claim that humans enslave chimpanzees and thereby deprive them of their bodily liberty and that chimpanzees should be entitled to use the common law writs of habeas corpus and de homine replegiando and to bring their common law claims to bodily liberty before courts. In Part I, I demonstrate that chimpanzees are genetically highly similar to humans and quite cognitively and socially complex. In Part II, I argue that flexibility is part of the common law's basic structure, that legal personhood is one of the common law's basic values, that the structure of the ...


The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook 2010 College of William & Mary Law School

The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook

William & Mary Bill of Rights Journal

No abstract provided.


Animal Law In Nevada: All Bark And No Bite, Kathleen Wilde 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Animal Law In Nevada: All Bark And No Bite, Kathleen Wilde

Nevada Law Journal

No abstract provided.


Standing In Barack Obama's Shoes: Evaluating The President's Jurisprudence Of Empathy In Light Of James Wilson's Jurisprudence Of “Common Sense”, John Rollert 2010 Yale Law School

Standing In Barack Obama's Shoes: Evaluating The President's Jurisprudence Of Empathy In Light Of James Wilson's Jurisprudence Of “Common Sense”, John Rollert

Student Scholarship Papers

This article explains what President Barack Obama meant when he called empathy an “essential ingredient” in judicial decision making and, thus, the outstanding quality he would look for in his Supreme Court nominees. It also provides a comparative study between Obama’s jurisprudence of empathy and Justice James Wilson’s jurisprudence of common sense in order to illustrate the dangers of deciding difficult Supreme Court cases with recourse to unconventional, extra-legal tools.


Different Endings: Lethal Injection, Animal Euthanasia, Humane Slaughter, And Unregulated Slaugter, Jeff Welty 2010 Golden Gate University School of Law

Different Endings: Lethal Injection, Animal Euthanasia, Humane Slaughter, And Unregulated Slaugter, Jeff Welty

Golden Gate University Environmental Law Journal

This Article compares the laws and regulations that govern the termination of life in several contexts: lethal injection of condemned inmates; the euthanasia of companion animals; the slaughter of farmed animals covered by the Humane Methods of Slaughter Act; and the slaughter of farmed and other animals not covered by the Act.


Birdstrike Mitigation - Beyond The Airport, Paul Eschenfelder, Russ DeFusco 2010 Embry Riddle Aeronautical University - Daytona Beach

Birdstrike Mitigation - Beyond The Airport, Paul Eschenfelder, Russ Defusco

Paul F. Eschenfelder

No abstract provided.


Letter To Faa Administrator Re: Usair 1549 Crash, Paul F. Eschenfelder, Russell P. DeFusco PhD, Richard Sowden 2010 Embry Riddle Aeronautical University - Daytona Beach

Letter To Faa Administrator Re: Usair 1549 Crash, Paul F. Eschenfelder, Russell P. Defusco Phd, Richard Sowden

Paul F. Eschenfelder

No abstract provided.


Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor 2010 Salve Regina University

Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor

Pell Scholars and Senior Theses

Poaching and animal trafficking is a global issue in the areas of biology, morality and politics. This paper will discuss the different areas of impact as well as consider options for the prevention and alleviation of this issue.


Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate 2010 Florida Agricultural and Mechanical University

Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate

Journal Publications

or several decades, and in a variety of contexts, national security and environmental protection interests have clashed. Balancing these competing concerns is a challenging task. However, in the wake of the tragic events of September 11, 2001, the U.S. government “drastically changed its approach to how it handled important environmental concerns in relation to national
defense issues."

The most common manifestation of the tensions between national security and environmental protection objectives is the Navy’s use of sonar in U.S. waters. The oceans that surround the United States on both coasts provide the U.S. Navy with an ...


Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss 2010 Valparaiso University

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

Law Faculty Publications

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 ...


Living Property: A New Status For Animals Within The Legal System, David S. Favre 2010 Michigan State University College of Law

Living Property: A New Status For Animals Within The Legal System, David S. Favre

Faculty Publications

No abstract provided.


Wildlife Jurisprudence, David S. Favre 2010 Michigan State University College of Law

Wildlife Jurisprudence, David S. Favre

Faculty Publications

No abstract provided.


Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel 2010 Golden Gate University School of Law

Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel

Publications

In Simpson v. City of Los Angeles, resident taxpayers who owned licensed dogs who had recently gone astray sought to restrain the enforcement of a city ordinance. Los Angeles Municipal Code section 53.11 (h) allowed the city to surrender for medical research dogs that had been impounded for a period of at least five days. Subsection (h) of the ordinance did not contain any provision for notice to the owner of the impounded dog. As a result, plaintiffs contended that the ordinance was invalid because it constituted an unlawful taking of private property.


Whales: Their Emerging Right To Life, Anthony D'Amato, Sudhir K. Chopra 2010 Northwestern University School of Law

Whales: Their Emerging Right To Life, Anthony D'Amato, Sudhir K. Chopra

Faculty Working Papers

We have contended in this article that the evolution of the opinio juris of nations has encompassed five, and perhaps six, inexorable qualitative stages: free resource, regulation, conservation, protection, preservation and entitlement. We have argued that assigning whales an entitlement to life is the consequence of an emerging humanist right in international law — an example of the merging of the "is" and the "ought" of the law in the process of legitimization


Wildlife Rights, David Favre 2010 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 ...


Valuing Having Children, Carter Dillard 2010 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 ...


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