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

Sensitizing Humans To Fish Sentience, Kelly Levenda

Animal Sentience

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.


“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.


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.


Never Enough: Animal Hoarding Law, Courtney G. Lee 2017 University of the Pacific McGeorge School of Law

Never Enough: Animal Hoarding Law, Courtney G. Lee

University of Baltimore Law Review

Animal hoarding, a disorder that causes sufferers to acquire animals compulsively despite the inability or unwillingness to provide them with adequate care, is a widespread, costly, often underestimated problem that causes more animal suffering than all acts of intentional cruelty combined. Not only are animals harmed, but humans are as well, from dependents that live with hoarders to members of the surrounding communities to the hoarders themselves. Current laws do not address the issue effectively, and recidivism rates are close to 100%. This Article seeks to increase awareness of the animal hoarding problem and offers suggestions as to how the ...


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.


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

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

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 ...


Editor's Note - Animal Law Education, Meg Good 2017 Voiceless

Editor's Note - Animal Law Education, Meg Good

Legal Education Review

Extract:

The theme of this Special Topic Edition is animal law education at the tertiary level. Animal law as a discipline refers to the laws governing the human/non-human animal relationship. The study of animal law encompasses a broad range of laws, and raises a unique variety of legal, philosophical, scientific and political issues. Through studying animal law, students gain an understanding of how and why the law facilitates differential treatment of animals according to context, and encourages them to consider the ethical consistency of our approach to animal protection. It involves questioning the adequacy of the laws, policies, and ...


Animal Law Syllabus Design: A New Zealand Perspective, M.B. Rodriguez Ferrere 2017 University of Otago

Animal Law Syllabus Design: A New Zealand Perspective, M.B. Rodriguez Ferrere

Legal Education Review

Extract:

Since 2013, I have offered a course at the University of Otago’s Faculty of Law entitled ‘Animals and the Law’. Given New Zealand’s reliance upon agriculture, and the fact it can lay claim to ‘leading the way’ with regards to animal welfare, it is perhaps surprising that it is currently the only course focusing on Animal Law offered at any of New Zealand’s six law schools. I am not, however, a trailblazer. Until he left for the University of Alberta in 2010, Professor Peter Sankoff offered such a course at the University of Auckland, and Dr ...


What Are We Trying To Achieve By Teaching Animal Law To Law Students?, Nick James, Rochelle James 2017 Bond University

What Are We Trying To Achieve By Teaching Animal Law To Law Students?, Nick James, Rochelle James

Legal Education Review

In light of the increasing number of animal law units being offered by Australian law schools, it is timely to critically reflect upon the objectives of such units. What is it that we seek to achieve when we teach animal law to law students? Is it limited to facilitating a thorough understanding of the law relating to animals? Or are we trying to change the way our students see the world, to inspire them to strive to reform the relationship between animals and the law, and to ultimately modify the relationship between animals and humans? This article examines the desirability ...


Digesting Discourse: How Animal Law Facilitates High Quality Legal Education, Jackson Walkden-Brown 2017 Bond University

Digesting Discourse: How Animal Law Facilitates High Quality Legal Education, Jackson Walkden-Brown

Legal Education Review

Animal law teachers typically assert that an animal law classroom provides the ideal training ground for a law student. The purpose of this paper is to critically examine this assertion and, ultimately, to provide a supporting argument for the proposition that animal law is a unique vehicle for providing students with a high quality legal education. Legal education is characterised by distinct and competing discourses with respect to the nature of law teaching, including doctrinalism, vocationalism, corporatism, liberalism, radicalism and educationalism. The first part of the paper provides an overview of Foucauldian discourse theory and a description of each legal ...


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 ...


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 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.


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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