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An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler 2017 Mitchell Hamline School of Law

An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler

Mitchell Hamline Law Review

No abstract provided.


Sensitizing Humans To Fish Sentience, Kelly Levenda 2017 Animal Legal Defense Fund

Sensitizing Humans To Fish Sentience, Kelly Levenda

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

Although fish can feel pain and suffer, they are not often protected legally. Jonathan Balcombe’s What a Fish Knows provides a timely and important contribution to the literature on animal cognition and sentience. By explaining their personalities and capabilities, Balcombe brings much needed public attention to fish and advances the principle that they need and deserve protection.


Chapter 568: Saving Our Voiceless Companions, One Life At A Time, Kelci Binau 2017 University of the Pacific, McGeorge School of Law

Chapter 568: Saving Our Voiceless Companions, One Life At A Time, Kelci Binau

The University of the Pacific Law Review

No abstract provided.


Discretion Bites: The Current State Of Animal Emergency Planning, Paige Chretien 2017 University of San Diego

Discretion Bites: The Current State Of Animal Emergency Planning, Paige Chretien

San Diego Journal of Climate & Energy Law

Natural disasters have historically wreaked havoc on the lives of animals. Hurricane Katrina, which hit the gulf coast of Louisiana in 2005, exposed the tragic vulnerabilities of pets and pet owners in disasters and brought awareness to the significance of the human-animal bond.[1] As climate change will likely breed storms that are more deadly than their predecessors, planning and preparedness are essential to mitigating the impacts of these storms. The current status of animal emergency planning and preparedness in the state of California does not ensure that such vulnerable population will be adequately protected.
Part I begins by discussing ...


Many Library Employees Do Not Understand Fully The Laws And Rules Regarding Service Animals And The Rights Of Persons With Disabilities Who Work With Service Animals. Employees Do Not Necessarily Know The Differences Between Service Animals, Therapy Animals, And Emotional Support Animals. It Is Im- Portant For Employees Of All Public Accommodations, Such As Libraries, To Understand The Differences And The Rules That Govern Each Category Of Animal, And When And If Each Category Is Allowed Into The Library. Employees Need To Know How To Accommodate Persons With Disabilities And What Questions They Can Ask Legally, If They Have Reason To Believe An Animal In The Library Is Not A Service Animal. It Is Also Important For Libraries To Develop Clear Policies Regarding Animals In The Library That Adhere To The Americans With Disabilities Act (Ada) And Other Federal And State Rules. Ultimately, There Is No Easy Answer, But Employees Who Know The Laws, And Libraries That Have Clear Animal Policies, Are More Like- Ly To Be Successful Adhering To The Ada And Ensuring Equal Access For Patrons With Disabilities. This Paper Will Review The Distinction Between Service Animals, Therapy Animals, And Emotional Support Ani- Mals. It Will Delineate The Federal, State, And Local Regulations That Affect Academic Library Animal Poli- Cy. It Will Examine How Individual Academic Libraries Are Currently Addressing The Issue. The Authors Also Make Recommendations On Best Practices For Effectively Creating And Enforcing Such Policies. One Case Study Highlights An Instance In Which University Policy Is Being Revised To Meet Current Regulations While Simultaneously Providing For Specific Programming Involving Non-Service Dogs., Maureen Rust, Mary Wise 2017 Central Washington University

Many Library Employees Do Not Understand Fully The Laws And Rules Regarding Service Animals And The Rights Of Persons With Disabilities Who Work With Service Animals. Employees Do Not Necessarily Know The Differences Between Service Animals, Therapy Animals, And Emotional Support Animals. It Is Im- Portant For Employees Of All Public Accommodations, Such As Libraries, To Understand The Differences And The Rules That Govern Each Category Of Animal, And When And If Each Category Is Allowed Into The Library. Employees Need To Know How To Accommodate Persons With Disabilities And What Questions They Can Ask Legally, If They Have Reason To Believe An Animal In The Library Is Not A Service Animal. It Is Also Important For Libraries To Develop Clear Policies Regarding Animals In The Library That Adhere To The Americans With Disabilities Act (Ada) And Other Federal And State Rules. Ultimately, There Is No Easy Answer, But Employees Who Know The Laws, And Libraries That Have Clear Animal Policies, Are More Like- Ly To Be Successful Adhering To The Ada And Ensuring Equal Access For Patrons With Disabilities. This Paper Will Review The Distinction Between Service Animals, Therapy Animals, And Emotional Support Ani- Mals. It Will Delineate The Federal, State, And Local Regulations That Affect Academic Library Animal Poli- Cy. It Will Examine How Individual Academic Libraries Are Currently Addressing The Issue. The Authors Also Make Recommendations On Best Practices For Effectively Creating And Enforcing Such Policies. One Case Study Highlights An Instance In Which University Policy Is Being Revised To Meet Current Regulations While Simultaneously Providing For Specific Programming Involving Non-Service Dogs., Maureen Rust, Mary Wise

Library Scholarship

Many library employees do not understand fully the laws and rules regarding service animals and the rights of persons with disabilities who work with service animals. Employees do not necessarily know the differences between service animals, therapy animals, and emotional support animals. It is im- portant for employees of all public accommodations, such as libraries, to understand the differences and the rules that govern each category of animal, and when and if each category is allowed into the library. Employees need to know how to accommodate persons with disabilities and what questions they can ask legally, if they have reason ...


“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy 2017 Mitchell Hamline School of Law

“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy

Mitchell Hamline Law Review

No abstract provided.


Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt 2017 Rochester Institute of Technology

Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.

The first game in the series is a strategy game called Lost & Found (high-school and up). In Lost & Found, players take on the role of villagers who must balance family needs with communal needs. They must balance cooperative actions even while addressing individual needs. The game emphasizes the pro-social aspects of religious legal systems including collaboration and cooperation.

Both this game and the second game in the series (Order in the Court) are set in Fustat (Old Cairo) in the 12th Century, a crossroads of religions. Lost & Found and Order in the Court both teach elements of the Mishneh Torah, the Jewish legal code written by Moses Maimonides. Maimonides was influenced by the works of Islamic legal scholars and philosophers such as Ibn Rushd (Averroes) and Al Ghazahli; he also influenced Islamic scholars.


Animal Rights Unraveled: Why Abolitionism Collapses Into Welfarism And What It Means For Animal Ethics, Luis E. Chiesa 2017 University at Buffalo School of Law

Animal Rights Unraveled: Why Abolitionism Collapses Into Welfarism And What It Means For Animal Ethics, Luis E. Chiesa

Journal Articles

Most people support laws that seek to reduce the suffering of animals. Yet animal cruelty statutes and other kinds of animal welfare laws are under sustained attack by the so-called abolitionists. Animal rights abolitionists claim that it is categorically wrong to treat animals as commodities, and animal welfare laws should be opposed because they do not alter the property status of animals. Abolitionists also claim that animal welfare regulations do not meaningfully reduce animal suffering. In fact, abolitionists argue that such statutes likely increase future animal suffering, either by delaying the advent of abolition or by soothing the conscience of ...


Animal Sentience And The Precautionary Principle, Jonathan Birch 2017 London School of Economics and Political Science

Animal Sentience And The Precautionary Principle, Jonathan Birch

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof for animal sentience. Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a ...


Refining The Precautionary Framework, Jonathan Birch 2017 London School of Economics and Political Science

Refining The Precautionary Framework, Jonathan Birch

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

Most of the commentators so far agree that the precautionary principle can be usefully applied to the question of animal sentience. I consider various ways of refining my proposals in light of the suggestions. I amend BAR to implement C. Brown’s suggestion that the scope of animal welfare law should be extensible by phylogenetic inference from orders in which credible indicators of sentience are found. In response to C. Brown, Mallatt, and Woodruff, I amend ACT to allow that a single credible indicator may sometimes call for urgent further investigation rather than immediate protection. In response to Paez, I ...


2016 Study Of Current Conditions Of Kentucky County Animal Shelters And Degree Of Compliance With Kentucky Animal Shelter Laws, Cynthia L. Gaskill, Rachel Cullman-Clark, Liane Lachiewicz, Matt Lamarre, Brad Rohleder, Kristin Sadler, Rachel Sparling, Craig N. Carter 2016 University of Kentucky

2016 Study Of Current Conditions Of Kentucky County Animal Shelters And Degree Of Compliance With Kentucky Animal Shelter Laws, Cynthia L. Gaskill, Rachel Cullman-Clark, Liane Lachiewicz, Matt Lamarre, Brad Rohleder, Kristin Sadler, Rachel Sparling, Craig N. Carter

Veterinary Science Reports

Kentucky’s county animal shelter conditions have not been studied for over 20 years. Major goals of this study were to assess current conditions in Kentucky’s county shelters and determine the degree of compliance with Kentucky shelter laws. Additional information was gathered to determine the major problems and needs identified by shelter personnel and researchers. Data was used to determine if additional state funds or refinements and additions to current laws are warranted to ensure humane care of animals in Kentucky’s county shelters. Researchers consisted of a group of 6 veterinary students who traveled to all Kentucky county ...


Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, Cary Coglianese, André Sapir 2016 University of Pennsylvania Law School

Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, Cary Coglianese, André Sapir

Faculty Scholarship

In a series of recent disputes arising under the TBT Agreement, the Appellate Body has interpreted Article 2.1 to provide that discriminatory and trade-distortive regulation could be permissible if based upon a “legitimate regulatory distinction.” In its recent compliance decision in the US-Tuna II dispute, the AB reaffirmed its view that regulatory distinctions embedded in the U.S. dolphin-safe tuna labeling regime were not legitimate because they were not sufficiently calibrated to the risks to dolphins associated with different tuna fishing conditions. This paper analyzes the AB’s application of the notion of risk-based regulation in the US-Tuna II ...


Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone 2016 College of William & Mary Law School

Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone

William & Mary Bill of Rights Journal

No abstract provided.


Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang 2016 University of Michigan Law School

Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang

Michigan Journal of Environmental & Administrative Law

Millions of genetically engineered (GE) mosquitoes could soon be released in Key West, Florida as an effort to eradicate wild mosquitoes that are transmitters of diseases such as malaria, dengue, and chikungunya. Both international and domestic regulations fail to provide effective regulatory schemes that can facilitate the application of this technology while ensuring all safety and environmental aspects are properly addressed. The Food and Drug Administration’s assertion of jurisdiction is based on its assessment that the GE mosquitoes are “animal drugs” under the Federal Food, Drug, and Cosmetic Act. This is especially troublesome because the end goal of using ...


Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone 2016 Duquesne University School of Law

Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone

Ann Schiavone

On August 5, 2002, the City of Toledo, Ohio issued a warrant for the arrest of resident Paul Tellings on the charge of violating the limitation on harboring vicious dogs. Both the Toledo ordinance and Ohio state law in effect in 2002 labeled “pit bull” type dogs per se vicious purely based on their visual identification. Toledo’s ordinance specifically limited citizens to only one “vicious” dog per household. During a routine lead-based paint inspection in Tellings’s home, the health inspector noted three dogs that looked like pit bulls in the household, reported it to the dog warden, and ...


Natural Resources Defense Council, Inc. V. Pritzker, Caitlin Buzzas 2016 Alexander Blewett III School of Law at the University of Montana

Natural Resources Defense Council, Inc. V. Pritzker, Caitlin Buzzas

Public Land and Resources Law Review

In Natural Resources Defense Council, Inc. v. Pritzker, the Ninth Circuit dealt with the conflict of science in making legal and policy decisions. NMFS was held to a stringent mitigation standard to protect marine mammals against the Navy’s use of LFA sonar for military operations. In this decision the court held that agencies are required to apply the least practicable adverse impact on marine mammals in these types of operations and agencies must listen to their own experts when making these decisions.


Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira 2016 Barry University School of Law

Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira

Environmental and Earth Law Journal (EELJ)

In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.


Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb 2016 Barry University School of Law

Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb

Environmental and Earth Law Journal (EELJ)

Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European ...


Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez 2016 Barry University School of Law

Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez

Environmental and Earth Law Journal (EELJ)

This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb ...


Equal Protection For Animals, Pat Andriola 2016 New York University School of Law

Equal Protection For Animals, Pat Andriola

Environmental and Earth Law Journal (EELJ)

This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.


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