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Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib 2015 Seattle University School of Law

Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib

Seattle University Law Review

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.


Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig 2015 Seattle University School of Law

Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig

Seattle University Law Review

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and ...


Recovering From The Recovery Narrative: On Globalism, Green Jobs And Cyborg Civilization, Michael Burger 2015 The University of Akron

Recovering From The Recovery Narrative: On Globalism, Green Jobs And Cyborg Civilization, Michael Burger

Akron Law Review

In this Essay, I make a preliminary foray into this new narrative terrain, identifying several emerging legal storylines that have arisen in the wake of climate change disruptions and that I predict will prove influential in the coming years. In Part I, I discuss the ways in which new perceptions of scale are re-defining human beings’ attachments to a sense of “place” or “dwelling” and are shaping new attitudes about what constitutes the local, posing potential problems for existing federalism schemes. In Part II, I discuss the ways in which America’s long history of nationalizing nature manifests in the ...


Decoding "Never Again", Sherry F. Colb 2015 Cornell Law School

Decoding "Never Again", Sherry F. Colb

Sherry Colb

This article, Decoding “Never Again,” narrates its author’s experience as a child of two Holocaust survivors, one of whom participated in rescuing thousands of his fellow Jews during the war. Colb meditates on this legacy and concludes that her understanding of it has played an important role in inspiring her scholarship about (and ethical commitment to) animal rights. She examines and analyzes the ways in which analogies between the Holocaust and anything else can trigger people’s anger and offense, and she then draws a distinction between occasions when offense is an appropriate response to such analogies and when ...


Defining The Wingspan Of The Migratory Bird Treaty Act, Ashley R. Fiest 2015 The University of Akron

Defining The Wingspan Of The Migratory Bird Treaty Act, Ashley R. Fiest

Akron Law Review

This Comment will focus on the widely different interpretations, applications, and enforcement of the MBTA and the consequences that will result if a concrete solution is not implemented soon. Part II will discuss the background, historically and legislatively, that led to the enactment of the MBTA and its current implementation. Part III will discuss the current conflict within the courts regarding how the MBTA is to be applied. In discussing this conflict, this section looks at the particular reasoning behind two of the most recent decisions on this issue and what led each of the courts to different interpretations. Part ...


Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss 2015 The University of Akron

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

Akron Law Review

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.


The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle 2015 Selected Works

The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle

John Copeland Nagle

4 pages. "John Nagle, Univ. of Notre Dame Law School" -- Agenda


The Management And Stewardship Of A Cetacean Collection, Rebecca Vele 2015 Seton Hall University

The Management And Stewardship Of A Cetacean Collection, Rebecca Vele

Seton Hall University Dissertations and Theses (ETDs)

Cetacean, by definition, is a marine mammal of the order Cetacea; a whale, dolphin or porpoise. In light of their social intellect and friendly appearance, cetaceans are used in institutions such as zoos and aquariums as a source of education and entertainment for the public. Before the Marine Mammal Protection Act of 1972, cetaceans were captured worldwide including in U.S. waters. In the United States today, there are over 224 zoos and aquariums accredited by the Association of Zoos and Aquariums. Out of those 224, 34 of these institutions display cetaceans.

Even though the Marine Mammal Protection Act “Prohibits ...


Subverting Congress' Intent: The Recent Misapplication Of Section 10 Of The Endangered Species Act And Its Consequent Impacts On Sensitive Wildlife And Habitat, William S. Eubanks II 2015 Meyer, Glitzenstein & Crystal

Subverting Congress' Intent: The Recent Misapplication Of Section 10 Of The Endangered Species Act And Its Consequent Impacts On Sensitive Wildlife And Habitat, William S. Eubanks Ii

Boston College Environmental Affairs Law Review

Section 9 of the Endangered Species Act, or the ESA, strictly prohibits any person or other entity from “taking” any endangered or threatened species, whether purposefully or incidentally. In section 10 of the ESA, Congress created two distinct permit mechanisms to allow the U.S. Fish and Wildlife Service, or FWS, to authorize take in certain limited circumstances—namely recovery permits for purely scientific research and incidental take permits, or ITPs, for non-scientific endeavors where such taking is incidental to, and not the purpose of, an otherwise lawful activity. Because scientific research benefitting the species at issue is not a ...


Bringing Southern Bluefin Tuna Back From The Brink: Enhancing Understanding Of The Scientific Process In The Western And Central Pacific Fisheries Commission, Chris Wold, Emi Kondo, Erika Hamilton 2015 Lewis & Clark Law School

Bringing Southern Bluefin Tuna Back From The Brink: Enhancing Understanding Of The Scientific Process In The Western And Central Pacific Fisheries Commission, Chris Wold, Emi Kondo, Erika Hamilton

Boston College Environmental Affairs Law Review

The Commission of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean, or the WCPFC, manages fish stocks of significant financial and ecological value across a vast area of the Pacific Ocean. WCPFC members, however, have disagreed sharply over management measures for tuna, sharks, and other species. These disagreements have arisen due to ambiguous text in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean regarding the roles of the Convention’s subsidiary bodies and providers of scientific advice. Some members argue that only ...


Budgetary Scapegoat: The U.S. Fish And Wildlife Service’S Inefficiency On Trial In Conservation Force V. Jewell, Andrew Bartholomew 2015 Boston College Law School

Budgetary Scapegoat: The U.S. Fish And Wildlife Service’S Inefficiency On Trial In Conservation Force V. Jewell, Andrew Bartholomew

Boston College Environmental Affairs Law Review

By the early 1980s, the population of the straight-horned markhor—a large, shaggy goat with impressive spiraling horns native to the mountains of Pakistan—had dipped so low that the U.S. Fish & Wildlife Service (“FWS”) classified it as endangered. But when a group of conservationists and hunters petitioned the FWS to have the animal reclassified from an endangered species to the lower protection level of threatened pursuant to the Endangered Species Act species protection regime, they were largely ignored. The group then sued the FWS in federal court to compel the Agency to perform its statutory duty. In Conservation ...


Essentially Reasonable?: Why The Ninth Circuit’S Decision In Native Village Of Point Hope Strays From The Purpose Of Nepa, Timothy Wright 2015 Boston College Law School

Essentially Reasonable?: Why The Ninth Circuit’S Decision In Native Village Of Point Hope Strays From The Purpose Of Nepa, Timothy Wright

Boston College Environmental Affairs Law Review

In Native Village of Point Hope v. Jewell, the U.S. Court of Appeals for the Ninth Circuit found that the Bureau of Ocean Energy Management did not have to include information on animal populations in its environmental impact statement (“EIS”) at the lease-sale stage of the Outer Continental Shelf Lands Act oil and gas development program. Federal agencies are required to complete an EIS before conducting a major federal action. This process ensures that decision-makers take a hard look at adverse environmental impacts. The Ninth Circuit concluded in Native Village of Point Hope that coverage of animal populations is ...


Killing To Save: Trophy Hunting And Conservation In Mongolia, Lucy Page 2015 SIT Study Abroad

Killing To Save: Trophy Hunting And Conservation In Mongolia, Lucy Page

Independent Study Project (ISP) Collection

Since transitioning to capitalism in 1990, Mongolia’s wildlife has faced growing threats from the development of infrastructure, increasing livestock populations, and the expansion of an illegal trade in wildlife products. As wildlife populations face these growing risks, Mongolia needs to develop and implement strong wildlife management practices, including tighter enforcement of existing wildlife trade laws, more frequent wildlife population studies, and better legislation. However, these revisions will require significant funding. Trophy hunting, the system through which the Mongolian government sells wealthy foreigners expensive permits to hunt species like argali, ibex, wolf, and roe deer, may be a major source ...


Environmental Law—Regulation Of Concentrated Animal Feeding Operations—Reducing The Nuisance: How Arkansas Can Use Its Right-To-Farm Statute To Protect Against The Destruction Of Cafos, Kristin Titley 2015 University of Arkansas at Little Rock William H. Bowen School of Law

Environmental Law—Regulation Of Concentrated Animal Feeding Operations—Reducing The Nuisance: How Arkansas Can Use Its Right-To-Farm Statute To Protect Against The Destruction Of Cafos, Kristin Titley

University of Arkansas at Little Rock Law Review

No abstract provided.


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


A Solution In Search Of A Problem: The Difficulty With State Constitutional "Right To Hunt" Amendments, Stacey Gordon 2015 University of Montana School of Law

A Solution In Search Of A Problem: The Difficulty With State Constitutional "Right To Hunt" Amendments, Stacey Gordon

Public Land and Resources Law Review

This article explores the facets of hunting amendments. Part I traces the legal history of protections for hunting, from early laws to preserve hunting for the people to modern hunter harassment statutes. Part II analyzes the forms of hunting amendments—some guarantee a right, others only recognize a heritage; some are fundamental rights, others are less strong; some are limited by private property rights, others are absolute. Nonetheless, they have a common source. Part III considers the impacts— possibly unintended consequences—of hunting amendments. Finally, Part IV suggests that while there are unrecognized common values between hunters and animal welfare ...


In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu 2015 Florida State University College of Law

In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu

Shi-Ling Hsu

American agriculture is inexorably concentrating into the hands of a small number of large conglomerates. Expanding farms pursuing scale economies would also normally have to abide by a system of environmental and other laws that would, in theory, require farms to account for negative externalities. If those laws were observed and enforced, they would help strike a balance between the greater profitability and the larger externalities of larger farms. But these laws are not widely observed and not rigorously enforced, upsetting this balance and giving large-scale farms a cost advantage while insulating them from corresponding responsibilities.

Perhaps nowhere in agriculture ...


Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca J. Huss 2015 Selected Works

Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca J. Huss

Rebecca J. Huss

No abstract provided.


Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This The Question?, Zygmunt J.B. Plater 2015 Boston College Law School

Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This The Question?, Zygmunt J.B. Plater

Zygmunt J.B. Plater

The challenging background context for much of the discussion and cogitation in the panels and pages of this conference is the unfortunate fact that environmental protection law in virtually all its manifestations is currently faring rather poorly in the public policy arenas of national government. From the public health hazards of residual substances in consumer goods and human breast milk to the mighty troubles of human-caused climate disruption, many of the most significant structures of societal governance are locked in political and financial dysfunctions and impasses. Given the conference’s goal to “explore more deeply the relationship between environmental protection ...


Foie Gras Ban In California, Erica Williams Morris 2015 Golden Gate University School of Law

Foie Gras Ban In California, Erica Williams Morris

Golden Gate University Law Review

Section 25982 of the California Health and Safety Code was unsuccessfully challenged by one restaurant that served foie gras to customers for many years prior to the ban imposed by the statute. If the courts do not invalidate the statute, foie gras will be permanently banned in the state. The statute is unconstitutional, and if challenged correctly, the courts should so find. However, although foie gras production is very controversial, there are alternative methods that allow all interested parties have what they want: foie gras and happy birds.


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