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Migration Conservation: A View From Above, Robert L. Fischman 2011 Indiana University Maurer School of Law

Migration Conservation: A View From Above, Robert L. Fischman

Articles by Maurer Faculty

The extinction prevention focus of natural resources policy diverts attention from important issues of ecological integrity and adaptation to climate change. Animal migration conservation serves as a bridge from the imperiled species problem to the more spatially and temporally difficult problems surrounding climate change adaptation. Conserving abundant animal migrations both strengthens the resilience of the ecosystems in which they function and tests the resilience of social institutions responsible for adaptation. This essay synthesizes the findings of a two-year, interdisciplinary study of animal migration conservation. It also introduces the articles that follow in a symposium issue of the journal, Environmental Law.


Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert Adamcik 2011 Indiana University Maurer School of Law

Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert Adamcik

Articles by Maurer Faculty

Over the last two decades, the U.S. Fish and Wildlife Service (“FWS”) has come to define its conservation mission in the context of species protection. The concept of “trust species” is now a common focal point for the myriad responsibilities of the FWS. This has become problematic for one of the major programs of the agency: management of the world’s largest biodiversity conservation network, the national wildlife refuge system (“NWRS”). A major legislative overhaul of the NWRS charter and the imperatives of climate change adaptation have weakened the concept as a reliable touchstone for NWRS management and expansion ...


Animal Law Unit Outline, Anne Louise Schillmoller 2010 Southern Cross University

Animal Law Unit Outline, Anne Louise Schillmoller

Anne Schillmoller

As a significant growth area of law, the central aim of this unit is to enable students to identify and evaluate the legal frameworks which regulate various types of human-animal interaction and to consider the ways in which these frameworks impact upon the interests of animals. In addition, the unit provides an opportunity for students to identify and critique the ways in which animals are conceptualised in law, including the philosophical, scientific and economic assumptions which inform the law relating to animals. Finally, the unit will enable students to reflect upon the adequacy of laws relating to animals and to ...


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.


Animal-Human Relationships In Child Protective Services: Getting A Baseline, Lisa Anne Zilney, Christina Risley-Curtiss, Rebecca Hornung 2010 Montclair State University

Animal-Human Relationships In Child Protective Services: Getting A Baseline, Lisa Anne Zilney, Christina Risley-Curtiss, Rebecca Hornung

Department of Justice Studies Faculty Scholarship and Creative Works

The inclusion of certain aspects of animal-human relationships (AHR), such as animal abuse and animal-assisted interventions, can enhance child welfare practice and there are resources available to promote such inclusion. However, there is little knowledge of whether this is being accomplished. This study sought to fill this gap by conducting a national survey of state public child welfare agencies to examine AHR in child protective services practice, their assessment tools, and cross-reporting policies.


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.


Conservation Value Of Residential Open Space: Designation And Management Language Of Florida’S Land Development Regulations, Dara M. Wald 2010 University of Florida

Conservation Value Of Residential Open Space: Designation And Management Language Of Florida’S Land Development Regulations, Dara M. Wald

Dara Wald

The conservation value of open space depends upon the quantity and quality of the area protected, as well as how it is designed and managed. This study reports the results of a content analysis of Florida county Land Development Regulations. Codes were reviewed to determine the amount of open space required, how open space is protected during construction, the delegation of responsibilities, and the designation of funds for management. Definitions of open space varied dramatically across the state. Most county codes provided inadequate descriptions of management recommendations, which could lead to a decline in the conservation value of the protected ...


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.


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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