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"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives, Ashley D. Keefer 2016 Villanova University Charles Widger School of Law

"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives, Ashley D. Keefer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson 2016 Alexander Blewett III School of Law at the University of Montana

Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson

Public Land and Resources Law Review

The Eastern Louisiana District Court upheld Amendment 40 to the Gulf of Mexico Fishery Management Council’s Reef Management Plan. The court held that the Gulf Council and the National Marine Fisheries Service’s proposed rule establishing fishing quotas for the red snapper met all of the statutory guidelines imposed under the Magnusson-Stevens Act.


An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn 2016 Animal Legal Defense Fund

An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

Legislation throughout the U.S. recognizes animal sentience and the importance of veterinary reporting to combat the ongoing suffering of these animal victims: All 50 states have felony penalties available for animal cruelty crimes, and veterinary reporting is permitted or required in the majority of states. The remaining minority of U.S. states should take action to require veterinarians to report animal cruelty and render veterinarians immune for good faith reporting.


Metro Nashville Animal Seizure Authority Memorandum Opinion.Pdf, Daniel A. Horwitz 2016 Selected Works

Metro Nashville Animal Seizure Authority Memorandum Opinion.Pdf, Daniel A. Horwitz

Daniel A. Horwitz

Neither the United States Constitution nor the Tennessee Constitution prohibits warrantless searches or seizures under circumstances when immediate intervention is necessary to save the life of an animal.  Similarly, as a general matter, due process is not offended by impounding an animal prior to a hearing so long as impoundment is necessary to respond to an emergency situation and so long as the animal’s owner is promptly afforded a post-impoundment hearing.  Accordingly, Metro law enforcement officials are well within their authority to take immediate action to rescue dogs and other animals that are being abused, mistreated or maintained in ...


Has Blue Overshadowed Green?: The Ecological Need To Eradicate Hunting Blue Laws, Allie Humphreys 2016 College of William & Mary Law School

Has Blue Overshadowed Green?: The Ecological Need To Eradicate Hunting Blue Laws, Allie Humphreys

William & Mary Environmental Law and Policy Review

No abstract provided.


The Procedural Impact Of An Environmental Impact Statement On Judicial Review, Ashley Poon 2016 Boston College Law School

The Procedural Impact Of An Environmental Impact Statement On Judicial Review, Ashley Poon

Boston College Environmental Affairs Law Review

On a sunny summer day in 2014, Drakes Bay Oyster Company closed its doors to the public, admitting defeat in a years-long fight with the Department of the Interior over the renewal of its operating permit. The Secretary of the Interior believed that the region’s designation as “potential wilderness” under the Point Reyes Wilderness Act, along with public policy considerations, obligated him to decline renewal of the permit. In producing an Environmental Impact Statement regarding the impact of closing the farm, the Secretary procedurally insulated his agency decision from later judicial review in Drakes Bay Oyster Company v. Jewell.


The Business And Ethics Of Laying Hens: California's Groundbreaking Law Goes Into Effect On Animal Confinement, Valerie J. Watnick 2016 Baruch College

The Business And Ethics Of Laying Hens: California's Groundbreaking Law Goes Into Effect On Animal Confinement, Valerie J. Watnick

Boston College Environmental Affairs Law Review

In the United States, most laying hens are routinely subjected to cruel treatment and forced to live in such extreme confinement that they are unable to fully extend their limbs or turn around. In 2008, California took a stand against these inhumane practices by enacting the Prevention of Farm Animal Cruelty Act, also known as Proposition 2, which banned the use of inordinately small “battery cages” to house laying hens. In 2010, California passed an amendment to Proposition 2, requiring all eggs sold within California, regardless of where they are produced, to comply with the new law. Other states have ...


Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto, Cayleigh Eckhardt 2016 Pace Law School

Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto, Cayleigh Eckhardt

Boston College Environmental Affairs Law Review

In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation— agricultural animals—is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries approach agricultural animal welfare differently, they arrive at the same outcome: institutionalized indifference to animal suffering. To remedy the current regulatory ...


Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood 2016 Pacific Legal Foundation

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Pace Environmental Law Review

Following the introduction, part II of this article will provide a brief background on the adoption of the Endangered Species Act. Part III will explain that the statute does not authorize the agencies to extend the take prohibition to all threatened species. Part IV will argue that returning to the statutory scheme would result in a fairer distribution of the costs of species protection by imposing the costs of prophylactic protection on agencies and the public generally. Burdening individuals would be a last resort, as Congress intended. Finally, Part V will identify how Congress’ policy is a reasonable way to ...


Sinclair's Nightmare: Slapp-Ing Down Ag-Gag Legislation As Content-Based Restrictions Chilling Protected Free Speech, Jeffrey Vizcaino 2016 Florida A&M University College of Law

Sinclair's Nightmare: Slapp-Ing Down Ag-Gag Legislation As Content-Based Restrictions Chilling Protected Free Speech, Jeffrey Vizcaino

Student Works

Over a century after its publication, Upton Sinclair’s 1906 novel, The Jungle, remains one of the most impactful pieces of investigative literature ever published. During 1904, in an effort to expose the heinous working conditions of Chicago’s meat packing industry, Sinclair went under disguise as a factory worker for seven weeks. While Sinclair’s purpose for The Jungle was to propel federal reform against inhumane work conditions, it was the first-hand depiction of the callous slaughtering and unsanitary processing of meat products which led to national uproar. Gaining the attention of national political leaders, including President Theodore Roosevelt ...


Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto 2016 Elisabeth Haub School of Law at Pace University

Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto

Pace Law Faculty Publications

In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation--agricultural animals--is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries approach agricultural animal welfare differently, they arrive at the same outcome: institutionalized indifference to animal suffering. To remedy the current regulatory structure, this ...


Civil Liability For Injuries Caused By Dogs After Tracey V. Solesky: New Path To The Future Or Back To The Past?, 40 Seton Hall Legis. J. 29 (2016), Alberto Bernabe 2016 John Marshall Law School

Civil Liability For Injuries Caused By Dogs After Tracey V. Solesky: New Path To The Future Or Back To The Past?, 40 Seton Hall Legis. J. 29 (2016), Alberto Bernabe

Faculty Scholarship

No abstract provided.


The Animal Welfare Act At Fifty: Problems And Possibilities In Animal Testing Regulation, Courtney G. Lee 2016 Pacifc McGeorge School of Law

The Animal Welfare Act At Fifty: Problems And Possibilities In Animal Testing Regulation, Courtney G. Lee

McGeorge School of Law Scholarly Articles

No abstract provided.


Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers 2016 Florida A & M University College of Law

Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers

Journal Publications

Environmental law, with its intricate layers of international, federal, state, and local laws, is more established than its animal counterpart. Yet animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold, both in the United States and abroad. In What Can Animal Law Learn From Environmental Law?, editor Randall S. Abate brought together academics, advocates, and legal professionals to examine the very different histories of environmental and animal law, as well as the legal and policy frameworks that bridge the two fields. On November 16, 2015, the ...


Animal Sentience: The Other-Minds Problem, Stevan Harnad 2016 Université du Québec à Montréal & University of Southampton

Animal Sentience: The Other-Minds Problem, Stevan Harnad

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

The only feelings we can feel are our own. When it comes to the feelings of others, we can only infer them, based on their behavior — unless they tell us. This is the “other-minds problem.” Within our own species, thanks to language, this problem arises only for states in which people cannot speak (infancy, aphasia, sleep, anaesthesia, coma). Our species also has a uniquely powerful empathic or “mind-reading” capacity: We can (sometimes) perceive from the behavior of others when they are in states like our own. Our inferences have also been systematized and operationalized in biobehavioral science and supplemented by ...


Animal Mourning: Précis Of How Animals Grieve (King 2013), Barbara J. King 2016 College of William and Mary

Animal Mourning: Précis Of How Animals Grieve (King 2013), Barbara J. King

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

Abstract: When an animal dies, that individual’s mate, relatives, or friends may express grief. Changes in the survivor’s patterns of social behavior, eating, sleeping, and/or of expression of affect are the key criteria for defining grief. Based on this understanding of grief, it is not only big-brained mammals like elephants, apes, and cetaceans who can be said to mourn, but also a wide variety of other animals, including domestic companions like cats, dogs, and rabbits; horses and farm animals; and some birds. With keen attention placed on seeking where grief is found to occur and where it ...


Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance 2016 Université du Québec à MOntréal

Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

Animals, like children and disabled elders, are not only the subjects of abuse, but they are unable to report and protect themselves from it. Veterinarians, like human physicians, are often the ones to become aware of the abuse and the only ones in a position to report it when their human clients are unwilling to do so. This creates a conflict between professional confidentiality to the client and the duty to protect the victim and facilitate prosecution when the law has been broken. I accordingly recommend that veterinarian associations make reporting of abuse mandatory.


Coming Home To Roost: How The Chicken Industry Hurts Chickens, Humans, And The Environment, Bruce Friedrich, Stefanie Wilson 2015 The Good Food Institute & New Crop Capital

Coming Home To Roost: How The Chicken Industry Hurts Chickens, Humans, And The Environment, Bruce Friedrich, Stefanie Wilson

Bruce Friedrich

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 ...


Trophy Hunting Contracts: Unenforceable For Reasons Of Public Policy, Myanna Dellinger 2015 University of South Dakota School of Law

Trophy Hunting Contracts: Unenforceable For Reasons Of Public Policy, Myanna Dellinger

Myanna Dellinger

No abstract provided.


Review Of Sherry F. Colb And Michael C. Dorf Beating Hearts: Abortion And Animal Rights, Nathan M. Nobis 2015 Animal Studies Repository

Review Of Sherry F. Colb And Michael C. Dorf Beating Hearts: Abortion And Animal Rights, Nathan M. Nobis

Nathan M. Nobis, Ph.D.


In this book[1], law professors Sherry F. Colb and Michael C. Dorf argue that:
  1. many non-human animals, at least vertebrates, are morally considerable and prima facie wrong to harm because they are sentient, i.e., conscious and capable of experiencing pains and pleasures;
  2. most aborted human fetuses are not sentient -- their brains and nervous systems are not yet developed enough for sentience -- and so the motivating moral concern for animals doesn't apply to most abortions[2];
  3. later abortions affecting sentient fetuses, while rare, raise serious moral concerns, but these abortions -- like all abortions -- invariably involve the interests and ...


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