The Legal Tipping Point On Horse Soring, Racing, And Slaughter, 2015 Humane Society of the United States
The Legal Tipping Point On Horse Soring, Racing, And Slaughter, Lewis Bollard
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Decoding "Never Again", 2015 Cornell Law School
Decoding "Never Again", Sherry F. Colb
Cornell Law Faculty Publications
This article, Decoding “Never Again,” narrates its author’s experience as a child of two Holocaust survivors, one of whom participated in rescuing thousands of his fellow Jews during the war. Colb meditates on this legacy and concludes that her understanding of it has played an important role in inspiring her scholarship about (and ethical commitment to) animal rights. She examines and analyzes the ways in which analogies between the Holocaust and anything else can trigger people’s anger and offense, and she then draws a distinction between occasions when offense is an appropriate response to such analogies and when it need …
Non-Uniform Statutes Governing The Sale Of Horses, 2015 University of Kentucky
Non-Uniform Statutes Governing The Sale Of Horses, Frank T. Becker
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, 2015 Lewis & Clark Law School
The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, William M. Mclaren
Will McLaren
Should regulators have an affirmative burden to show industrial livestock facilities are polluting before imposing permit requirements, or should facility owners have a duty to apply for permits? This article analyzes that question in the context of water quality permitting and the concentrated livestock industry, with an emphasis on permitting regimes under the Clean Water Act (CWA).
Concentrated animal feeding operations (CAFOs) have, in the past decade, received a decisive answer to the above inquiry. In Waterkeeper Alliance v. EPA and National Pork Producers v. EPA, two federal appellate courts determined that CAFOs have no duty to apply for a …
Natural Resources Law: Private Rights And The Public Interest, 2015 University of Illinois - College of Law
Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson
Contributions to Books
This casebook offers a view of natural resources law rich in history, yet exposing students to the complexities of practicing natural resources law in the 21st century. Given that the focus of most Natural Resources Law casebooks is public lands and public law (often at the federal level), this casebook is unique in its primary focus on natural resource conflicts on private lands and its significant focus on private law (though public law is also a focus). While we include chapters on federal public lands and areas of federal primacy like wetlands regulation and endangered species protection, our focus is …
A Goat Too Far?: State Authority To Translocate Species On And Off (And Around) Federal Land, 2015 University of Kentucky
A Goat Too Far?: State Authority To Translocate Species On And Off (And Around) Federal Land, Devin Kenney
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Front Matter, 2015 Lewis & Clark Law School
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 21, Issue 2, 2015.
(Elephant) Death And Taxes: Proposed Tax Treatment Of Illegal Ivory, 2015 Lewis & Clark Law School
(Elephant) Death And Taxes: Proposed Tax Treatment Of Illegal Ivory, Angela Ostrowski
Animal Law Review
African elephants are poached for their ivory at alarming rates. If the current level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime prevention perspective. The current penalties and fines for the illegal trade in ivory are not enough of a deterrent. One method of deterrence that has not yet been explored is the imposition of tax consequences on the illegal ivory trade. This Article proposes a number of ways to use the tax system to …
In Memoriam: Peter S. Nycum, 2015 Lewis & Clark Law School
In Memoriam: Peter S. Nycum, David B. Rosengard
Animal Law Review
No abstract provided.
Barking Up The Wrong Tree: Regulating Fear, Not Risk, 2015 Duquesne University School of Law
Barking Up The Wrong Tree: Regulating Fear, Not Risk, Ann L. Schiavone
Animal Law Review
Beginning in the 1980s, the curious phenomenon of breed-specific legislation (BSL) began to spread across the U.S. and abroad. The phenomenon can be traced to sensationalistic media portrayals of the pit bull at that time. This kind of sensationalism was nothing new; throughout American history, various breeds have served as scapegoats, each taking a turn as the most ‘dangerous.’ While it was not new to seek to contain fears by isolating a particular ‘problem’ breed, the legislation itself was unprecedented. Today, in light of mounting evidence that factors other than breed are more determinative of aggression in domestic dogs and …
Coming Home To Roost: How The Chicken Industry Hurts Chickens, Humans, And The Environment, 2015 Lewis & Clark Law School
Coming Home To Roost: How The Chicken Industry Hurts Chickens, Humans, And The Environment, Bruce Friedrich, Stefanie Wilson
Animal Law Review
The chicken industry is harming animals, befouling our environment, exploiting farmers and workers, and harming human health. In this Article, we discuss the harms and some of the solutions. In Part I, we discuss animal welfare, both on the farm and at slaughter. In Part II, we discuss the environment, both local and global. In Part III, we discuss human rights, with a focus on chicken growers, slaughterhouse workers, and the global poor. In Part IV, we discuss the effect of chicken consumption on human health. In each of our first four Sections, we offer a few examples of actions …
The Harm Principle At Play: How The Animal Welfare Act Fails To Protect Animals Adequately, 2015 University of Maryland Francis King Carey School of Law
The Harm Principle At Play: How The Animal Welfare Act Fails To Protect Animals Adequately, Proshanti Banerjee
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
2014 State Legislative Review, 2015 Lewis & Clark Law School
2014 State Legislative Review, Aaron C. Johnson
Animal Law Review
Several state legislatures addressed animal welfare issues in 2014. A young fifth-grader, motivated by a documentary, inspired her community and state legislature to attempt to pass legislation protecting orcas. Two states decided to blaze a new trail when they determined that the federal government was not going far enough to stop the ivory and rhino horn trade. The battle between freedom of speech and property rights reared its ugly head as several states took on the polemical issue of 'ag-gag.' Lastly, we witnessed breed-specific legislation become illegal in three more states, with science trumping the availability heuristic.
Taking A Bite Out Of Forensic Science: The Misuse Of Accelerant-Detecting Dogs In Arson Cases, 48 J. Marshall L. Rev. 1149 (2015), 2015 UIC School of Law
Taking A Bite Out Of Forensic Science: The Misuse Of Accelerant-Detecting Dogs In Arson Cases, 48 J. Marshall L. Rev. 1149 (2015), Andrew Scott
UIC Law Review
This Comment identifies the proper uses of canine handler teams in arson investigations and trials. Part II discusses the origins of forensic science in criminal trials, the use of expert witnesses in the courtroom, the history and role of forensic science and canine handler teams in arson cases, and the problem of “junk science.” Part III analyzes the pros and cons of using canine handler teams in arson investigations and the dilemma courts face when confronted with unconfirmed canine alerts. Part IV resolves the issue of using canine handler teams in arson investigations. First, it advocates for their continued use …
Knot Your Average Bird: A Case Study Of The Rufa Red Knot In The Face Of Climate Change, 2015 Florida State University College of Law
Knot Your Average Bird: A Case Study Of The Rufa Red Knot In The Face Of Climate Change, Stephanie Schwarz
Animal Law Review
Analyzing the staggering distances traveled by migratory shorebirds, and the challenges faced by these birds during their migration periods, this Article conflates and contrasts the myriad environmental impacts climate change is forcing the globe to contend with. The rufa red knot navigates a migratory path that annually takes it from Tierra del Fuego all the way to Arctic Canada. Because the red knot’s course of migration is so lengthy, and because the number of ecosystems it encounters along the way are so diverse, the red knot is emblematic of the challenges faced by both migratory shorebirds, and the coastal ecosystems …
Precipice Regulations And Perverse Incentives: Comparing Historic Preservation Designation And Endangered Species Listing, 2015 Georgetown University Law Center
Precipice Regulations And Perverse Incentives: Comparing Historic Preservation Designation And Endangered Species Listing, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
The insight upon which this article is built is that the common structures of these two legal regimes create incentives toward destroying the resources they seek to protect. The shift from legal freedom to exploit resources to strict limitation on property modification and the lengthy and public process to designate or list specific resources for protection provide the motive and the opportunity to legally frustrate the application of the statutes. This article seeks to understand how these perverse incentives are created and how they can be lessened. The procedural and substantive provisions of both legal regimes have evolved to reduce …
Military Working Dogs: Classification And Treatment In The U.S. Armed Forces, 2015 Lewis & Clark Law School
Military Working Dogs: Classification And Treatment In The U.S. Armed Forces, Sarah D. Cruse
Animal Law Review
This Article explores and evaluates the use of canines by the United States (U.S.) Armed Forces as military working dogs, and examines the reasons why the current administrative classification of these dogs is inappropriate. The author examines the historical use of, and increasing reliance on, military working dogs by the U.S. Armed Forces from World War II to present day. This historical exploration traces the development of the federal statutes and military regulations that govern the Military Working Dog Program. Federal law currently categorizes military working dogs as 'equipment,' which grossly underestimates their role within the U.S. military and deprives …
Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, 2015 Lewis & Clark Law School
Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin
Animal Law Review
Modern industrial animal agriculture and consumer purchasing patterns do not match consumers' moral preferences regarding animal welfare. Current production methods infiict a great deal of harm on animals despite widespread consumer preference for meat, dairy, and eggs that come from humanely treated animals. Judging by the premium pricing and market shares of food products with moral or special labels (e.g., 'cage-free,' 'free range,' and 'organic'), many consumers are willing to pay more for less harmful products, but they are unable to determine which products match this preference. The labels placed on animal products, and the insufficient government oversight of these …
2014 Federal Legislative Review, 2015 Lewis & Clark Law School
2014 Federal Legislative Review, Jessica Brockway
Animal Law Review
The 113th Congress escaped the designation of "least productive Congress in modern history" thanks to a particularly active lame duck session. During its session, the 113th Congress enacted 296 laws, 212 of which were "categorized ... as substantive " by the Pew Research Center, a nonpartisan "fact tank." This legislative activity, however, did not benefit animals. Of the pieces of proposed legislation discussed in this Review, none passed and, unless otherwise specified, all died in Committee.
Front Matter, 2015 Lewis & Clark Law School
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 22, Issue 1, 2015.