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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 ...


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 ...


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 ...


The Cruelty Behind Your Ballpark Hot Dog, Bruce Friedrich 2015 The Good Food Institute & New Crop Capital

The Cruelty Behind Your Ballpark Hot Dog, Bruce Friedrich

Bruce Friedrich

No abstract provided.


Should Elephants Have Standing?, Tyler Totten 2015 Carleton University

Should Elephants Have Standing?, Tyler Totten

Western Journal of Legal Studies

In the 2011, Chief Justice Fraser of the Alberta Court of Appeal raised an interesting question in her dissenting judgment in Reece v Edmonton (City): Should elephants have standing? Drawing on the ideas in her dissent and the Alberta’s Animal Protection Act on which the decision is based, I argue that granting animals standing is a pragmatic solution to overcoming the limitations and obstacles behind enforcing animal protection laws. This is demonstrated by exploring both the practicality and feasibility of granting standing to animals. On the point of practicality, I explain why this solution is preferable over other possibilities ...


The Puppy Prohibition Period: The Constitutionality Of Chicago's War On Animal Mills, Christopher W. Moores 2015 UC Davis School of Law

The Puppy Prohibition Period: The Constitutionality Of Chicago's War On Animal Mills, Christopher W. Moores

Christopher W Moores

No abstract provided.


Services Gone Wild: Has Wildlife Services' Predator Control Program Gone Too Far?, Alison J. Russell 2015 Villanova University Charles Widger School of Law

Services Gone Wild: Has Wildlife Services' Predator Control Program Gone Too Far?, Alison J. Russell

Villanova Environmental Law Journal

No abstract provided.


For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi 2015 Memorial University

For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.


Idaho's Ag-Gag Law Goes Down And Other States May Be Next, Stacey L. Gordon 2015 Alexander Blewett III School of Law at the University of Montana

Idaho's Ag-Gag Law Goes Down And Other States May Be Next, Stacey L. Gordon

Faculty Journal Articles & Other Writings

In 2014, an undercover investigator working for Mercy For Animals documented horrific animal cruelty at the Dry Creek Dairy in Hansen, Idaho. Video of the abuse was released nationally. The owners of the dairy instituted reforms and the abusers were prosecuted. But the law that was passed this time, within months of the video’s release, protects neither the animals nor the food supply, but the agriculture industry.


Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood 2015 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

Jonathan Wood

The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but ...


An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green 2015 Pace University School of Law

An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green

Pace International Law Review

The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators from the ...


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky 2015 Seattle University School of Law

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even ...


Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns 2015 Seattle University School of Law

Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns

Seattle University Law Review

Despite knowledge that commerce in food is a profit-driven enterprise, the public has consistently put great faith in the wholesomeness and safety of the food being purchased. To some extent, such faith is necessary, even if not always justified. In making the decision to put a bite of food in one’s own mouth, or the mouth of a friend or family member, a form of faith or trust must accompany the act of eating. For who would knowingly eat food suspected to be unsafe? But that is precisely what millions of people do every year, with a great many ...


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