Law Commons^™

Animal Law, K. Michelle Welch

University of Richmond Law Review

No abstract provided.

Protecting The Family Pet: The New Face Of Maryland: Domestic Violence Protective Orders, Gary C. Norman

Articles in Law Reviews & Journals

Domestic violence is on the rise, and pets are increasingly becoming the victims of marital disputes. There is a demonstrated link between acts and offenses of domestic violence and animal abuse. Domestic abusers often do not think twice about beating or otherwise harming pets that have bonded with the other spouse in order to control, coerce, intimidate, or cause emotional harm to that spouse.

There is an emerging awareness that animals are more than just property. Several states have recognized, through the enactment of legislation fortifying their family law systems, that animals play an integral role in the lives of …

The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson

Faculty Scholarship

No abstract provided.

Why Animal Law Matters: Establishing Animal Law Section In Era Of Emerging Issues, Rebecca J. Huss

Law Faculty Publications

"This article defines animal law and discusses some of the areas of practice that deal with animal law issues."

The Game Of Conservation: International Treaties To Protect The World’S Migratory Animals, Mark Cioc

Ohio University Press Open Access Books

The Game of Conservation is a brilliantly crafted and highly readable examination of nature protection around the world.

Twentieth-century nature conservation treaties often originated as attempts to regulate the pace of killing rather than as attempts to protect animal habitat. Some were prompted by major breakthroughs in firearm techniques, such as the invention of the elephant gun and grenade harpoons, but agricultural development was at least as important as hunting regulations in determining the fate of migratory species. The treaties had many defects, yet they also served the goal of conservation to good effect, often saving key species from complete …

Canada-United States Cooperative Approaches To Shared Marine Fishery Resources: Territorial Subversion?, Ted L. Mcdorman

Michigan Journal of International Law

This Essay will focus on how Canada and the United States have both succeeded and failed in adopting cooperative approaches to managing ocean fishery resources. A critical factor that has influenced these efforts is the introduction of an international legal construct dictating that States have exclusive sovereign rights respecting all marine living resources within 200 nautical miles of their shores. Cooperative approaches to managing transboundary marine living resources between Canada and the United States are necessary for two reasons. First, in the case of marine living resources, the resource pays scant attention to human-constructed national boundaries. Put another way, marine …

Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky

Michigan Journal of International Law

Part I of this Essay marshals the evidence that fisheries around the world are in peril from destructive fishing practices. Part II argues that most fisheries management regimes are ineffective at counteracting the political pressures and economic incentives that lead to unsustainable fishing. Part III makes the case that government subsidies are major enablers of overfishing. The fourth and final Part discusses the continuing efforts to use international trade regulation to eliminate overfishing subsidies and halt the collapse of the world's marine fish populations.

Buying Or Selling A Horse In France: An Introduction To The Legal Context Proposed To The Attention Of U.S. Equine Lawyers, Philippe E. Corruble

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The New Jersey Supreme Court Distinguishes The Humane Treatment Of Animals And Routine Husbandry Practices In New Jersey Society For The Prevention Of Cruelty To Animals V. New Jersey Department Of Agriculture, Julie M. Mcgill

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Note To Athletes, Nfl, And Nba: Dog Fighting Is A Crime, Not A Sport, Phyllis G. Coleman

Faculty Scholarship

Americans were finally forced to face the issue of animal abuse and professional athletes when investigators discovered 66 pit bulls, in addition to dog fighting equipment, at a home owned by "pro football's most electrifying quarterback." Although Michael Vick insisted he did not live in the house, and initially denied knowledge of any such activity on his Virginia property, stories of his involvement continued to swirl around the Atlanta Falcons' franchise player. On July 17, 2007, Vick and three others were indicted by a federal grand jury for competitive dog fighting, procuring and training pit bulls for fighting, and conducting …

Child Welfare And Future Persons, Carter Dillard

Carter Dillard

While ethicists have delved deep into the rights and wrongs of procreating, lawyers have had little to say about the matter, stymied by practical concerns, the tendency of the law to ignore prospective children and their interests, and the misperception that a fundamental rights boundary absolutely forbids state intervention. But recently a small door has opened in this wall between law and ethics: as courts faced with having to repeatedly remove abused and neglected children from parents adjudged unfit have issued temporary no-procreation orders. As precedent builds and the possibility of ex ante regulation of procreation and parenthood grows, a …

The Pervasive Nature Of Animal Law: How The Law Impacts The Lives Of People And Their Animal Companions, Rebecca J. Huss

Rebecca J. Huss

Faculty members at Valparaiso University School of Law who attain the rank of full professor are expected to deliver an inaugural lecture to the University community and the public at large. This article is based on that lecture, delivered on September 25, 2008. This Article begins by distinguishing between “animal law,” “animal rights,” and “animal welfare” and discussing the growth of the field of animal law. It continues by setting forth the statistics on the number of companion animals in the United States (“U.S.”) and information about the households who have companion animals. The remainder of the article analyzes some …

Making Decisions About Our Animals' Health Care: Does It Matter Whether We Are Owners Or Guardians?, Susan J. Hankin

Faculty Scholarship

A great deal of opposition has been mounted against legislation that changes the language describing the relationship between people and their animals from “owner” to “guardian.” One of the primary arguments focuses on the claim that pet “guardians” might be faced with more limited health care choices for their pets. Behind these arguments is the premise that no one should interfere with an owner’s authority to make decisions for her animal’s health care. However, state and local laws that change the designation from pet “owner” to “guardian” will not, as opponents have argued, affect in any way our ability to …

Procedural Due Process Implications Of Kentucky's Thoroughbred Medication Regulations, W. Chapman Hopkins

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Keeping The Endangered Species Act Relevant, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The Endangered Species Act (ESA) has long been the workhorse of species protection in contexts for which a species-specific approach can effectively be employed to address discrete human-induced threats that have straightforward causal connections to the decline of a species, such as clearing of occupied habitat for development or damming of a river. Its resounding success there, however, has led to the misperception that it can duplicate that record anywhere and for any reason a species is at risk. Yet, is the statute adaptable to the sprawling, sometimes global, phenomena that are wearing down our environmental fabric on landscape scales …

Using Dogs For Emotional Support Of Testifying Victims Of Crime, Marianne Dellinger

Animal Law Review

Courts and prosecutorial offices around the nation have started using service dogs to support emotionally frail child witnesses who are unwilling to testify but for the calming presence of a dog. Proponents claim that this new type of therapeutic jurisprudence helps bring criminal defendants to justice in cases where the testimony of the complaining witness is crucial to the prosecution’s case. Opponents fear the infringement of the defendants’ rights to a fair trial because of the dogs’ potential to prejudice a jury to come out in favor of the witnesses.

This article analyzes the legal foundations supporting the use of …

Oats, Water, Hay, And Everything Else: The Regulation Of Anabolic Steroids In Thoroughbred Horse Racing, Bradley S. Friedman

Animal Law Review

In May 2008, a horse named Big Brown won the Kentucky Derby, narrowly beating a filly named Eight Belles. Just as Eight Belles crossed the finish line, she collapsed and was put to her death in front of millions of viewers as a result of her two broken legs. As the world tried to make sense of the tragedy, the prominent trainer of Big Brown casually announced that he administered anabolic steroids before the race to enhance Big Brown’s performance and that he would continue to give steroids before every other race for the same reason. Thus, the issue of …

Punishing Depictions Of Animal Cruelty: Unconstitutional Or A Valid Restriction On Speech?, Kerry Adams

Barry Law Review

No abstract provided.

Anti-Horse Slaughter Legislation: Bad For Horses, Bad For Society, Laura J. Durfee

Indiana Law Journal

No abstract provided.

Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff

Michigan Journal of International Law

This Essay assesses challenges that arise when marine territorial boundaries do not encompass the appropriate assemblage of resources and relationships necessary for effective authority and management. It reviews the manner in which certain offshore resource uses have been "quasi-territorialized" by the application of other forms of jurisdiction. It also highlights regime-jurisdiction-private interest-oriented responses to territory-oriented challenges in the form of assemblages of authority, interests, space, and time. Given the scalar progression of the links in the discussion, the assessment moves from international principles to exercises of national sovereignty to domestic administration of space and resources to private legal interests.

Speaking For The Modern Prometheus: The Significance Of Animal Suffering To The Abolition Movement, Elizabeth L. Decoux

Animal Law Review

There is a great divide in animal advocacy between Abolition and Welfare. Abolitionists seek to end the property status of animals. Welfarists, while acquiescing in the categorization of animals as property, seek to improve the conditions in which those animals live and die. Abolitionists have worked toward their goal for decades, and Welfarists toward theirs for centuries, but animals continue to suffer and die in ever-increasing numbers. This Article reviews the theories and methods of Abolitionists and Welfarists and suggests one reason that they have failed to relieve animal suffering and death: Welfarists use the right tool in the service …

That's Ok, It's Only A Rental: The Business Of Renting Dogs, Rachit Anand

Hofstra Law Student Works

Dogs are an integral part of our society today. While the benefits arising from dog ownership are widely accepted, proper care of a dog is also time consuming and can be expensive. This paper presents the concept of renting dogs as a substitute for permanent dog ownership and specifically details the business practices of Flexpetz, Inc., a for-profit company that provides such a rental service. Given the possibility of negative physical and emotional effects on the dogs that may flow from being involved in a “renting” business, the paper surveys various anti-cruelty and animal welfare laws (Federal, State, and in …

Front Matter

Animal Law Review

Front Matter includes title page, masthead, advisors, and Table of Contents for Animal Law Review Volume 15, Issue 2.

A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell

Animal Law Review

No abstract provided.

The Alaskan Wolf War: The Public Trust Doctrine Missing In Action, Edward A. Fitzgerald

Animal Law Review

Wolf killing in Alaska is authorized by the Board of Game (BOG), an agency captured by hunting and trapping interests. The BOG’s wolf killing policies have generally been supported by state legislatures and governors. Alaskan courts have not halted the wolf killing. The courts have viewed wolf killing as an issue of administrative law and deferred to BOG expertise. This article argues that the courts should have invoked Alaska’s public trust doctrine, which prevents the granting of preferences over state natural resources. The courts should have also rigorously examined the BOG’s wolf killing policies and protected the wolf as a …

Caring For Dolphins, Otters, And Octopuses: Speciesism In The Regulation Of Zoos And Aquariums, Marla K. Conley

Animal Law Review

Current regulations for zoos and aquariums rely heavily on standards established by industry associations, and the government increasingly expects public display facilities to self-monitor. Unfortunately, the industry associations charged with policing zoos and aquariums lack the enforcement authority necessary to ensure that animals kept in these facilities receive adequate attention or resources. This article argues that marine animals kept in public display facilities, such as zoos and aquariums, should benefit from the same level of regulatory protection as their land-bound counterparts. Even though marine animals demonstrate intellectual abilities equivalent or superior to those of land-bound animals, federal regulations allow facilities …

Owning What You Eat: The Discourse Of Food, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

This essay examines the role of communication in the formation of law and social norms and the implications of that role for animal law and ethics. Part III contextualizes animal law within contemporary risk society. Part IV looks at how efficiency has transformed from an economic concept into a normative guideline and discusses how that transformation has affected animals and agriculture. It tracks the rise of industrial agriculture and ties it to this fundamental misunderstanding of the concept of efficiency. The essay concludes with some thoughts on how to reformulate contemporary notions of efficiency and ethics to account for the …

California Proposition 2: A Watershed Moment For Animal Law, Jonathan R. Lovvorn, Nancy V. Perry

Animal Law Review

This essay explores the legislative and legal campaign to enact California Proposition 2: The Prevention of Farm Animal Cruelty Act, approved by California voters on November 4, 2008. The authors direct the legislation and litigation programs for The Humane Society of the United States, and, along with many other individuals and organizations, were centrally involved in the drafting, campaigning, and litigation efforts in support of the measure.

2007-2008 Legislative Review, Nancy R. Hoffman, Robin C. Mcginnis

Animal Law Review

No abstract provided.

Animals As Vulnerable Subjects: Beyond Interest-Convergence, Hierarchy, And Property, Ani B. Satz

Animal Law Review

This Article presents a new paradigm, premised on the equal protection principle, for the legal regulation of human interactions with domestic animals: Equal Protection of Animals (EPA). EPA combines the insights of vulnerability theorists with the equal protection principle and capability theory to create a mechanism for recognizing the equal claims of human and nonhuman animals to protections against suffering. Under such an approach, domestic animals—like humans—have claims to food, hydration, shelter, bodily integrity (including avoiding pain), companionship, and the ability to exercise and to engage in natural behaviors of movement.

Existing animal welfare and anti-cruelty laws, despite their stated …