The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), 2010 UIC School of Law
The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes
UIC Law Review
No abstract provided.
On The Lamb: Toward A National Animal Abuser Registry, 2010 Lewis & Clark Law School
On The Lamb: Toward A National Animal Abuser Registry, Stacy A. Nowicki
Animal Law Review
A national animal abuser registry has the potential to provide law enforcement agencies with a much-needed tool for tracking animal abusers, but no such registry exists. This Comment first discusses existing state and federal criminal registries for sex offenders, child abusers, and elder abusers. It determines that existing criminal registries often contain inaccurate entries and that they have little deterrent effect, making their potential infringement on offenders’ Constitutional rights and other collateral consequences difficult to justify.
This Comment then turns to the viability of a national animal abuse registry, discussing the link between the abuse of animals and violence towards …
Live Free Or Die: On Their Own Terms: Bringing Animal-Rights Philosophy Down To Earth By Lee Hall, 2010 University of New Haven, Yale University
Live Free Or Die: On Their Own Terms: Bringing Animal-Rights Philosophy Down To Earth By Lee Hall, Joel Marks
Animal Law Review
This book review examines Lee Hall’s new book, which presents an innovative animal rights theory: wild animals, due to their autonomous nature, are endowed with rights, but domesticated animals lack rights because they are not autonomous. With that theory in mind, Hall outlines ideas about how humans are obligated to treat both wild and domestic animals. Hall first argues that the rights of wild animals require that humans let them alone. Yet, despite the fact that domestic animals lack rights under Hall’s theory, Hall argues that humans are required to care for them because it is humans who brought them …
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, 2010 Indiana University Maurer School of Law
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman
Articles by Maurer Faculty
Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of …
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, 2010 Bonnett, Fairbourn, Friedman & Balint, P.C.
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Exploring Animal Rights As An Imperative For Human Welfare, 2010 St. Thomas University School of Law
Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass
West Virginia Law Review
No abstract provided.
The Consequence Of Human Differences, 2010 University of Michigan Law School
The Consequence Of Human Differences, Jospeh Vining
Articles
This essay explores the ways in which the recognition of individual and person in the legal form of thought distinguishes it from forms of thought in evolutionary biology and mathematics that are put forward as means to a complete picture of the world. The essay observes that the legal form of thought is in fact deeply involved in our modern understanding of Nature itself.
Erau Aviation Wildlife Hazard Newsletter, 2009 Embry Riddle Aeronautical University - Daytona Beach
Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder
Paul F. Eschenfelder
No abstract provided.
Procreation, Harm, And The Constitution, 2009 Emory University
Procreation, Harm, And The Constitution, Carter Dillard
Carter Dillard
This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances? Second, can the state justify a legal prohibition on procreation in those circumstances using that moral reasoning, so that the law would likely be constitutional?
These questions are not new, but my answers to them are and add to the existing literature in several ways. First, I offer a possible resolution to a recent debate among legal scholars regarding what …
Airport Wildlife Hazard Control, 2009 Embry Riddle Aeronautical University - Daytona Beach
Airport Wildlife Hazard Control, Paul F. Eschenfelder
Paul F. Eschenfelder
No abstract provided.
What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, 2009 University of Oregon
What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell
Caroline A Forell
In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on …