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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 ...


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.


Living With Owning, Matt Ampleman, Douglas A. Kysar 2016 Yale Law School

Living With Owning, Matt Ampleman, Douglas A. Kysar

Indiana Law Journal

In October, 2011, Terry Thompson committed suicide by gunshot after cutting open the cages of fifty-six exotic animals on his farm in Zanesville, Ohio. Fearing for pub-lic safety, law enforcement officers systematically hunted down the escaped animals in an episode that garnered international attention and prompted renewed discus-sion of the propriety of exotic animal ownership. This Article retells and discusses the circumstances surrounding Terry Thompson’s unhinging, applying frameworks of legal theory, chiefly in the realm of property law, to assess the fabric that held Thompson’s delicate system together and the tensions that led to its unravelling. As an ...


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 ...


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 ...


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

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.


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

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 ...


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.


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

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 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 ...


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 ...


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 ...


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.


Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss 2015 Selected Works

Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss

Rebecca J. Huss

This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.


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