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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.


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 ...


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.


The Animal Welfare Act At Fifty: Problems And Possibilities In Animal Testing Regulation, Courtney Lee 2015 McGeorge School of Law

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

Courtney G. Lee

In 1966, lawmakers enacted what was to become the federal Animal Welfare Act with the noble intentions of providing a fundamental groundwork of minimum protections for nonhuman animals used in various contexts, including laboratory testing, the focus of this Article. Over the past fifty years, however, those basic protections have eroded or otherwise proven ineffective. Laboratories operate using different paradigms of welfare, many with inadequate oversight and reporting, and the species comprising over ninety percent of test subjects have been completely written out of the very definition of “animal” in the statute. Scientific and technological advances call into question the ...


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 ...


Unleashing The Fourteenth Amendment, Ann L. Schiavone 2015 Duquesne University School of Law

Unleashing The Fourteenth Amendment, Ann L. Schiavone

Ann Schiavone

Do Justice Anthony Kennedy’s opinions in the gay rights cases of Romer v. Evans, Lawrence v. Texas, United States v. Windsor, and Obergefell v. Hodges have any impact on the future of Fourteenth Amendment jurisprudence beyond rights for gays, lesbians, and transgender persons? We don’t know. It is possible these cases will simply remain siloed in their unique legal and cultural niche, but viewing them through the lens of 150 years of Fourteenth Amendment jurisprudence suggests they may signal a shift in due process and equal protection analysis. This shift could open the doors for challenging discriminatory laws ...


Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen 2015 The Humane Society of the United States

Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen

Beth Rosen MD

As the animal movement has gained more political authority and public acceptance, it needs better ways to assess and follow its progress—or lack thereof—towards its goals. In this era, in which nonprofits and funding agencies are demanding better measures of effectiveness, the animal movement needs to examine how it looks at the progress it is (or is not) making in gaining better legal protection for animals.


What Can Animal Law Learn From Environmental Law?, Randall S. Abate 2015 Florida A&M University College of Law

What Can Animal Law Learn From Environmental Law?, Randall S. Abate

Faculty Workshops

Professor Randall S. Abate, of Florida A&M University College of Law, presented on his recently published book, What Can Animal Law Learn form Environmental Law? The workshop focused on how the fields of environmental law and animal law can work in concert. The Workshop was presented in collaboration with the FIU Law Student Animal Legal Defense Fund and FIU Law Environmental Law Society student organizations.


Barriers To Neighborhood Wildlife Habitats: Is Lawn Uniformity Worth Biodiversity Loss?, Sonya Cunningham 2015 Barry University

Barriers To Neighborhood Wildlife Habitats: Is Lawn Uniformity Worth Biodiversity Loss?, Sonya Cunningham

Environmental and Earth Law Journal (EELJ)

Local ordinances and covenants, conditions or restrictions (CCRs) usually create barriers to wildlife habitats in neighborhoods. Fortunately, it is possible under limited circumstances for a homeowner to have a wildlife habitat in their lawn. This comment will provide and overview of those limited circumstances, as well as provide steps to challenge the enforcement of ordinances and CCRs. In addition, this define and examine the concept of biodiversity and biodiversity loss.


Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema 2015 University of Denver Sturm College of Law

Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema

Michigan Journal of International Law

Wildlife trade is big business. Legal international trade in just some of the wild animals and plants traded worldwide is estimated at $350 to $530 million per year. The United States is the primary importer of virtually every major taxon of these species, including mammals, reptiles, fish, and plants. When it comes to illegal trade, estimates of its value range from $7 to $23 billion annually, covering wild animals, fish, and timber. This illegal trade fuels organized crime and militia and terrorist groups. In the face of all this pressure, some wild species appear to be traded in sustainable amounts ...


Perilous Deviations From Frand Harmony — Operational Pitfalls Of The 2015 Ieee Patent Policy, Ron D. Katznelson 2015 Bi-Level Technologies

Perilous Deviations From Frand Harmony — Operational Pitfalls Of The 2015 Ieee Patent Policy, Ron D. Katznelson

Ron D. Katznelson

Standard Development Organizations (SDOs) have one thing in common: they uniformly refrain from formally defining the meaning of “Fair, Reasonable and Non-Discriminatory” (FRAND) licensing terms required for patents essential to implement technical standards, called standard-essential patents (SEPs).  I call this uniformity in non-definition “FRAND Harmony.”  However, in a bitterly contested and controversial move, the IEEE Standards Association (IEEE-SA) amended its patent policy, effective March 15, 2015, to become the only major SDO to substantively define FRAND licensing terms, a definition at great variance with other SDOs’ practice and a substantial deviation from IEEE's traditional neutrality on FRAND terms.  IEEE ...


Interpreting "Enhancement Of Survival" In Granting Section 10 Endangered Species Act Exemptions To Animal Exhibitors, Anne Haas 2015 Pace University School of Law

Interpreting "Enhancement Of Survival" In Granting Section 10 Endangered Species Act Exemptions To Animal Exhibitors, Anne Haas

Pace Environmental Law Review

Managing endangered species in captivity presents a unique set of problems. Despite their enormous potential to preserve species in the wild - through captive breeding programs, conservation initiatives, and environmental advocacy - many facilities are lagging behind. Part II of this note discusses the evolution of zoos from ancient Egyptian displays of wealth to modern day conservation and education centers. Focusing on the Endangered Species Act, Part III introduces various laws protecting captive animals. Part IV discusses the great potential of zoos to preserve species and the ecosystems on which they rely, while acknowledging the diverse nature of animal exhibitors and the ...


A Sitting Duck: Local Government Regulation Of Hunting And Weapons Discharge In The State Of New York, Gary E. Kalbaugh 2015 Hofstra University, Maurice A. Deane School of Law

A Sitting Duck: Local Government Regulation Of Hunting And Weapons Discharge In The State Of New York, Gary E. Kalbaugh

Pace Environmental Law Review

On March 31, 2014, the New York State Legislature significantly modified New York's Environmental Conservation Law. The Environmental Conservation Law imposes limitations on the discharge of longbows. A longbow is defined by New York's Department of Environmental Conservation as “a longbow, recurve bow or compound bow which is designed to be used by holding the bow at arm's length, with arrow on the string, and which is drawn, pulled and released by hand or with the aid of a hand-held trigger device attached to the bowstring.”

Before the 2014 amendment, longbows could not be discharged in such ...


When The Regulators Refuse To Regulate: Pervasive Usda Underenforcement Of The Humane Slaughter Act, Bruce Friedrich 2015 The Good Food Institute & New Crop Capital

When The Regulators Refuse To Regulate: Pervasive Usda Underenforcement Of The Humane Slaughter Act, Bruce Friedrich

Bruce Friedrich

The Humane Methods of Livestock Slaughter Act (HMSA) declares that it is “the policy of the United States that the slaughtering of livestock and the handling of livestock in connection with slaughter shall be carried out only by humane methods.” Unfortunately, the HMSA is pervasively under-enforced, because the agency charged with administering it does an almost unfathomably inadequate job of doing so. This article: 1) briefly explains the factual and legal background of humane slaughter in the United States; 2) reviews government reports and undercover investigations that prove that USDA is not enforcing the law; 3) considers common theories that ...


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