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Animal Law

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Full-Text Articles in Law

Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble Oct 2019

Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble

Dale Goble

United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59% of …


The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble Oct 2019

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble

Dale Goble

No abstract provided.


Of Wolves And Welfare Ranching, Dale Goble Oct 2019

Of Wolves And Welfare Ranching, Dale Goble

Dale Goble

No abstract provided.


The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble Oct 2019

The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble

Dale Goble

The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found …


Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble Oct 2019

Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble

Dale Goble

No abstract provided.


Recovery In A Cynical Time - With Apologies To Eric Arthur Blair, Dale Goble Oct 2019

Recovery In A Cynical Time - With Apologies To Eric Arthur Blair, Dale Goble

Dale Goble

No abstract provided.


A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble Oct 2019

A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble

Dale Goble

No abstract provided.


Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg Sep 2019

Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg

Ronald H. Rosenberg

Endangered species protection has long been favored by many Americans, who watched regretfully as the numbers of American eagles, buffaloes and other species dwindled toward extinction. Only recently, however, has species protection become a matter of public controversy, subsumed in the more general "development v. environment" debate. In this Article, Professor Rosenberg surveys the federal government's role in species protection, with a special focus on the Endangered Species Act of 1973. Prompted by the much-publicized Supreme Court decision in the "snail darter case"--TVA v. Hill-Congress extensively amended the Act in 1978. After a detailed analysis of these amendments, Professor Rosenberg …


The Anticruelty Statute: A Study In Animal Welfare, Darian M. Ibrahim Sep 2019

The Anticruelty Statute: A Study In Animal Welfare, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.


Reduce, Refine, Replace: The Failure Of The Three R’S And The Future Of Animal Experimentation, Darian M. Ibrahim Sep 2019

Reduce, Refine, Replace: The Failure Of The Three R’S And The Future Of Animal Experimentation, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.


A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim Sep 2019

A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.


Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein Sep 2018

Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein

Laura Rothstein

This is an expanded and updated version of an article published in 23 ANIMAL L.13 (2018). It examines how disability discrimination policy clarifies when animals may be allowed as accommodations in various settings. It provides basic statutory and regulatory framework for these settings, administrative agency guidance, and judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on higher education institutions and health care settings.


Searching For A Sense Of Control: The Challenge Presented By Community Conflicts Over Concentrated Animal Feeding Operations, Nancy A. Welsh, Barbara Gray Jul 2018

Searching For A Sense Of Control: The Challenge Presented By Community Conflicts Over Concentrated Animal Feeding Operations, Nancy A. Welsh, Barbara Gray

Nancy Welsh

The growth in the number of concentrated animal feeding operations ("CAFOs"), particularly those involved in swine production, has brought with it increased community concern and outright conflict in many communities across the United States.' Most commentators have focused upon anticipated outcomes to explain the contentiousness of CAFO-related disputes.2 Meanwhile, even though the social dynamics that contribute to the development and escalation of conflicts over CAFOs parallel those exhibited in other kinds of community conflicts, little research has systematically examined the social dynamics associated with CAFO conflicts. One exception to this deficiency is recent work conducted by a team of researchers …


Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth May 2018

Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth

David A. Wirth

No abstract provided.


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Trophy Hunting - A Relic Of The Past, Myanna Dellinger Dec 2017

Trophy Hunting - A Relic Of The Past, Myanna Dellinger

Myanna Dellinger

No abstract provided.


Litigating Nonhuman Animal Legal Personhood, Richard L. Cupp Jr. Dec 2017

Litigating Nonhuman Animal Legal Personhood, Richard L. Cupp Jr.

Richard L. Cupp Jr.

In 2017 a New York appellate court issued a landmark ruling rejecting an animal rights organization’s efforts to assign legal personhood status to chimpanzees in Matter of Nonhuman Rights Project, Inc. v. Lavery. This paper provides context for the ruling, and includes an amicus curiae brief the author filed in the case. The court discussed the amicus curiae brief in explaining its ruling, and a prominent animal law blog described the court’s decision as “citing to and relying on” the brief. The brief asserts and the court ruled that rights are broadly connected to humans’ norm of capacity for legal …


Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone Sep 2016

Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone

Ann Schiavone

On August 5, 2002, the City of Toledo, Ohio issued a warrant for the arrest of resident Paul Tellings on the charge of violating the limitation on harboring vicious dogs. Both the Toledo ordinance and Ohio state law in effect in 2002 labeled “pit bull” type dogs per se vicious purely based on their visual identification. Toledo’s ordinance specifically limited citizens to only one “vicious” dog per household. During a routine lead-based paint inspection in Tellings’s home, the health inspector noted three dogs that looked like pit bulls in the household, reported it to the dog warden, and set in …


Enforcing Wildlife Protection In China, Peter J. Li Jul 2016

Enforcing Wildlife Protection In China, Peter J. Li

Peter J. Li, PhD

Since China enacted the Wildlife Protection Law in 1988, its wildlife has been threatened with the most serious survival crisis. In the prereform era, wildlife was a neglected policy area. Serving the objective of reform, the Wildlife Protection Law upholds the “protection, domestication, and utilization” norm inherited from past policies. It establishes rules for wildlife management and protection. This law provides for penalties against violations. Yet, its ambiguous objectives, limited protection scope, and decentralized responsibilities have made its enforcement difficult. Political factors such as institutional constraints, national obsession with economic growth, shortage of funding, and local protectionism have made the …


Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham Jun 2016

Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham

Jonathan Balcombe, PhD

The 1985 amendment to the United States Animal Welfare Act (AWA) to promote psychological well being of primates in the laboratory represents an acknowledgment of an important welfare problem concerning nonhuman animals. How effective has this amendment been? Perhaps the best-known contributor to psychological distress in primates in the laboratory is nonsocial housing; yet, available analyses suggest that little progress has been made in avoiding single-caging of these animals. Another way to assess psychological well being is to examine rates of self-abusive behavior in laboratory primates. If the AWA has been effective, then post-AWA self-harm rates might be lower than …


Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham Jun 2016

Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham

Debra Durham, PhD

The 1985 amendment to the United States Animal Welfare Act (AWA) to promote psychological well being of primates in the laboratory represents an acknowledgment of an important welfare problem concerning nonhuman animals. How effective has this amendment been? Perhaps the best-known contributor to psychological distress in primates in the laboratory is nonsocial housing; yet, available analyses suggest that little progress has been made in avoiding single-caging of these animals. Another way to assess psychological well being is to examine rates of self-abusive behavior in laboratory primates. If the AWA has been effective, then post-AWA self-harm rates might be lower than …


Unleashing The Fourteenth Amendment, Ann L. Schiavone Dec 2015

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 under a …


Trophy Hunting Contracts: Unenforceable For Reasons Of Public Policy, Myanna Dellinger Dec 2015

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 Dec 2015

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 …


The Puppy Prohibition Period: The Constitutionality Of Chicago's War On Animal Mills, Christopher W. Moores Sep 2015

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

Christopher W Moores

No abstract provided.


Decoding "Never Again", Sherry F. Colb Jun 2015

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 it need …


‘Concentration Camps For Lost And Stolen Pets’: Stan Wayman’S Life Photo Essay And The Animal Welfare Act, Bernard Unti Mar 2015

‘Concentration Camps For Lost And Stolen Pets’: Stan Wayman’S Life Photo Essay And The Animal Welfare Act, Bernard Unti

Bernard Unti, PhD

In the 1960s, LIFE was America's single most important general weekly magazine, its photo-essay formula catering to a middle class constituency of millions. By the halfway point of that tumultuous decade, readers were accustomed to seeing searing and unpleasant images of a changing nation, one racked by civil unrest and entangled in a bloody war in Southeast Asia. But when LIFE's February 4, 1966 issue landed on newsstands and in mailboxes across the United States, with the cover's warning "YOUR DOG IS IN CRUEL DANGER," tens of millions of readers became acquainted for the first time with another kind of …


The Class B Dealer: Down And Out?, Bernard Unti Mar 2015

The Class B Dealer: Down And Out?, Bernard Unti

Bernard Unti, PhD

The supply of dogs and cats to laboratories by Class B animal dealers has been a contentious matter for decades. The subject engenders heated debate whenever it surfaces, most recently in September 2005 when Senator Daniel Akaka (D-HI) proposed an amendment to the FY 2006 agriculture funding bill to withhold federal monies to research institutions that purchase animals from Class B dealers.


In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu Mar 2015

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 …


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

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 and …