Law Commons^™

Covid-19: Enough About Humans, What About The Animals?, Kristen Tabone

Environmental Law Journal blog

This article will provide examples of how zoo animals and domestic animals around the world have both benefited and suffered during this pandemic, and the actions taken by their caregivers to protect them from the adverse impacts of COVID-19. It will then examine how the provisions of the Animal Welfare Act (AWA) and the PREPARED Act, have both failed to protect zoo animals. This article will also examine how the PETS Act and other legislation enacted during COVID-19 have better protected domestic animals during this time, and how the PREPARED Act would be a beneficial addition to the PETS Act …

The Animal Welfare Act Is Lacking: How To Update The Federal Statute To Improve Zoo Animal Welfare, Rebecca L. Jodidio

Golden Gate University Environmental Law Journal

Visiting the zoo is a beloved national pastime — American zoos attract 183 million people annually. For many Americans, zoos provide the first, and sometimes only, opportunity for individuals to be in the presence of animals outside of domesticated cats and dogs. However, for the animals themselves, zoos can cause suffering.

Two philosophies support the protection of wild animals in captivity: an anthropocentric and ecocentric view. According to the former, anthropocentric view, wild animals hold an extrinsic value and when they cease to be valuable to humans, or conflict with our other values, their interests can be sacrificed. The latter, …

Katrina To Maria: Pet Evacuation In The Eye Of The Storm, Tara Cooley

GGU Law Review Blog

In 2006, Congress passed the Pet Evacuation and Transportation Standards (PETS) Act, a landmark act for emergency preparedness. PETS requires a community’s emergency plan account for the needs of families with companion or service animals. PETS provided protection to pets and their families during Hurricane Sandy, Harvey, Irma, and Maria. The image of evacuation has changed a lot from Katrina to Harvey. Eicher, an evacuee during Hurricane Harvey, shouted to first responders, “We have two kids with down syndrome, a pig and a three-legged dog.” The first responder’s reply: “Sounds good, (let’s) do this.” During preparation for Hurricane Irma, hotels …

Habeas For Homo Troglodytes, Aram Hauslaib

GGU Law Review Blog

The chimpanzee is the human’s closest living relative. In fact, chimps are closer to humans than to gorillas or orangutans. Given this, there are those who propose chimpanzees be reclassified to the human genus, Homo, giving them the scientific name Homo troglodytes. The change in the classification could prove critical, as the rights held by men and women today have repeatedly hinged on how they were defined.

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.

Ag-Gag Laws: A Shift In The Wrong Direction For Animal Welfare On Farms, Larissa Wilson

Golden Gate University Law Review

This Comment argues that ag-gag laws are roadblocks to the creation, enforcement, and expansion of animal cruelty laws. Part I provides background on the development of farming, current farming conditions, and the implications of farm conditions for consumers. It also gives a brief history of undercover investigative reporting and the ag-gag laws that have followed. Part II explains how ag-gag laws prevent the creation of effective animal welfare statutes by limiting the public awareness that leads directly to the establishment of new anti-cruelty measures. Part III explains that ag-gag legislation obstructs the enforcement of animal welfare statutes because these measures …

The Entitlement Of Chimpanzees To The Common Law Writs Of Habeas Corpus And De Homine Replegiando, Steven M. Wise

Golden Gate University Law Review

In this Article, I claim that humans enslave chimpanzees and thereby deprive them of their bodily liberty and that chimpanzees should be entitled to use the common law writs of habeas corpus and de homine replegiando and to bring their common law claims to bodily liberty before courts. In Part I, I demonstrate that chimpanzees are genetically highly similar to humans and quite cognitively and socially complex. In Part II, I argue that flexibility is part of the common law's basic structure, that legal personhood is one of the common law's basic values, that the structure of the common law …

Different Endings: Lethal Injection, Animal Euthanasia, Humane Slaughter, And Unregulated Slaugter, Jeff Welty

Golden Gate University Environmental Law Journal

This Article compares the laws and regulations that govern the termination of life in several contexts: lethal injection of condemned inmates; the euthanasia of companion animals; the slaughter of farmed animals covered by the Humane Methods of Slaughter Act; and the slaughter of farmed and other animals not covered by the Act.

Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel

Publications

In Simpson v. City of Los Angeles, resident taxpayers who owned licensed dogs who had recently gone astray sought to restrain the enforcement of a city ordinance. Los Angeles Municipal Code section 53.11 (h) allowed the city to surrender for medical research dogs that had been impounded for a period of at least five days. Subsection (h) of the ordinance did not contain any provision for notice to the owner of the impounded dog. As a result, plaintiffs contended that the ordinance was invalid because it constituted an unlawful taking of private property.

The Need For International Legal Protection Of Sea Turtles And The Enforcement Of Seafood Ecolabelling Standards, Lalaina N.R. Rakotoson

Theses and Dissertations

The migratory nature of sea turtles makes their protection difficult and that causes the failure of International environmental law to protect them. Despite years of concern for sea turtles and the threats to them no rule of national law and no single international environmental agreement are capable of effectively protecting sea turtles. Sea turtles have been protected through domestic environmental laws such as the US Endangered Species Act. Section 609 requires countries exporting shrimp to the US to equip their trawlers with Turtle Excluder Devices (TEDs). This is an analysis of the need for global legal protection of sea turtles …

Simpson V. Los Angeles [Dissent], Jesse W. Carter

Jesse Carter Opinions

A city, under its police power, could enact local measures that did not conflict with general statutes. An ordinance providing for the surrender of unclaimed animals to humane research facilities did not conflict with state laws.