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Articles 1 - 16 of 16
Full-Text Articles in Law
Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means
Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means
Michigan Law Review
Dissatisfied with the protection afforded wildlife by more recent environmental laws, some environmentalists seek to reinterpret one of the oldest federal environmental laws, the Migratory Bird Treaty Act (MBTA). Long understood simply to regulate hunting, the MBTA makes it illegal to "take" or "kill" migratory birds without a permit. The MBTA imposes strict liability for a violation. A heady combination of strict liability, criminal penalty provisions, and vague language, the MBTA appeals to those seeking to control land use activity. Some environmentalists advocate an interpretation of the MBTA that, contrary to legislative intent and 80 years of enforcement practice, would …
Advice To Flight Crews Concerning Wildlife Hazards To Aircraft, Paul F. Eschenfelder
Advice To Flight Crews Concerning Wildlife Hazards To Aircraft, Paul F. Eschenfelder
Paul F. Eschenfelder
No abstract provided.
Endangered Species Act: Standing To Sue. Bennett V. Spear, 117 S. Ct. 1154 (1997)., R. Margaret Dobson
Endangered Species Act: Standing To Sue. Bennett V. Spear, 117 S. Ct. 1154 (1997)., R. Margaret Dobson
University of Arkansas at Little Rock Law Review
No abstract provided.
Canines Cry Out: Is Six Months In A British Quarantine A Necessity For Rabies Prevention?
Canines Cry Out: Is Six Months In A British Quarantine A Necessity For Rabies Prevention?
Penn State International Law Review
No abstract provided.
Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix
Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix
Animal Law Review
Dr. Lacroix discusses the correlation between different forms of family violence and suggests that family pets are just another victim. Dr. Lacroix proposes that stronger animal anticruelty laws may be part of the solution to reducing family violence because they enhance the likelihood of detection of an offender's abusive behavior.
Dolphin-Safe Tuna: The Tide Is Changing, Kristin L. Stewart
Dolphin-Safe Tuna: The Tide Is Changing, Kristin L. Stewart
Animal Law Review
Ms. Stewart reviews the history of the tuna-dolphin controversy in the Eastern Pacific Ocean. She explores international agreements and U.S. law that mandate dolphin-safe tuna fishing practices. Finally, Ms. Stewart reviews the steps taken by the United States, including embargoes against other countries' tuna, to force tuna-fishing nations to use dolphin-safe practices.
If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai
If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai
Animal Law Review
Mr. Shenai examines animal rights in the context of federal animal testing. After discussing current federal research policy and the positions held by animal rights advocates, he proposes a new statute to accommodate all interests in society as well as the rights of the animals being considered for testing.
The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson
The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by …
The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John C. Nagle
The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John C. Nagle
Journal Articles
Is the Endangered Species Act constitutional? The D.C. Circuit considered that question in National Association of Home Builders v. Babbitt in 1997. More specifically, the case considered whether the congressional power to regulate interstate commerce authorized the ESA's prohibition upon building a large regional hospital in the habitat of an endangered fly that lives only in a small area of southern California. The three judges on the D.C. Circuit approached the question from three different perspectives: the relationship between biodiversity as a whole and interstate commerce, the relationship between the fly and interstate commerce, and the relationship between the hospital …
Playing Noah, John C. Nagle
Playing Noah, John C. Nagle
Journal Articles
The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …
The Conflict Between Species In An Ever More Crowded World, Jane Goodall
The Conflict Between Species In An Ever More Crowded World, Jane Goodall
Animal Law Review
No abstract provided.
Oregon Dog Control Laws And Due Process: A Case Study, Christopher C. Eck, Robert E. Bovett
Oregon Dog Control Laws And Due Process: A Case Study, Christopher C. Eck, Robert E. Bovett
Animal Law Review
Mr. Eck and Mr. Bovett examine the inequities and inconsistencies in Oregon dog control laws and due process concerns arising from them. The authors outline constitutional requirements that need to be enforced to ensure protection against unreasonable government actions in cases involving these laws.
Recovery Of Common Law Damages For Emotional Distress, Loss Of Society, And Loss Of Companionship For The Wrongful Death Of A Companion Animal, Steven M. Wise
Recovery Of Common Law Damages For Emotional Distress, Loss Of Society, And Loss Of Companionship For The Wrongful Death Of A Companion Animal, Steven M. Wise
Animal Law Review
Mr. Wise analyzes experiential recognition of the bond that exists between human companions and companion animals in the context of possible recovery of tort damages for the wrongful death of a companion animal. He demonstrates that companion animals are often seen by their human companions as members of the family (holding much the same status as children). He discusses historical aspects of the common law as they relate to current tort law in such cases and examines the tension that exists between principle and policy.
The Fruits Of Our Labor: Results From The First Session Of The 105th Congress -- 1997 Federal Legislative Summary, Nancy Perry
The Fruits Of Our Labor: Results From The First Session Of The 105th Congress -- 1997 Federal Legislative Summary, Nancy Perry
Animal Law Review
Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legislative agenda in is this area. She also provides a current legislative update for each bill involved.
"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt
"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt
Animal Law Review
In 1997 the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneuvering by all of the concerned parties. Mr. Eichstaedl examines the history of the Makah whaling rights from the Tribe's treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Americans re-asserting a centuries-old custom.
Can Nonhuman Animals Find Tort Protection In A Human-Centered Common Law?, Enger Mccartney-Smith
Can Nonhuman Animals Find Tort Protection In A Human-Centered Common Law?, Enger Mccartney-Smith
Animal Law Review
Section 870 of the Restatement (Second) of Torts provides a method by which a court might extend private intentional tort rights to nonhuman animal plaintiffs. Given our current scientific and experiential understanding of many species, combined with existing court procedures to ease administrability, such an extension of tort law is mandated.