Law Commons^™

Landmark Ruling On Whaling From The International Court Of Justice, Mark P. Simmonds

Mark P. Simmonds, OBE

On 31 March 2014, the International Court of Justice (ICJ) ruled that Japan’s whaling activities in Antarctica did not comply with Article VIII of the International Convention for the Regulation of Whaling (ICRW), which permits whaling for scientific purposes. Copious and confusing media commentary followed the decision. This included seemingly conflicting reports from within Japan, which initially indicated whole-hearted compliance with the ruling, which required this whaling to cease, but later suggested that implementation by Japan might be limited to a brief halt followed by a launch of a new Antarctic ‘research’ programme including lethal take.

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …

Environment - Endangered Species - Extraterritorial Application Of The Endangered Species Act Of 1973. Defenders Of Wildlife V. Lujan, 911 F.2d 117 (8th Cir. 1990), Cert. Granted, Lujan V. Defenders Of Wildlife, 111 S. Ct. 2008 (1991)., Jeffery P. Robbins

Georgia Journal of International & Comparative Law

No abstract provided.

Whale For Sale?: New Developments In The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Kevin Eldridge

Georgia Journal of International & Comparative Law

No abstract provided.

Solution Or Stumbling Block?: Biological Engineering And The Modern Extinction Crisis, Caroline P. Rogers

Georgia Journal of International & Comparative Law

No abstract provided.

Losing The Elephant Wars: Cites And The "Ivory Ban", Scott Hitch

Georgia Journal of International & Comparative Law

No abstract provided.

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 …

Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright

Georgia Journal of International & Comparative Law

No abstract provided.

Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer

Georgia Journal of International & Comparative Law

No abstract provided.

Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann

Pace Environmental Law Review

This article first explains the background and functions of undercover investigations of agricultural production facilities, and explains the bases upon which states pass laws intended to prevent these investigations. It then gives a background of research already conducted on the constitutionality of Ag-Gag laws, and examines the relevance of the Supreme Court case Alvarez. Based on the analysis provided in Alvarez, the article demonstrates that Ag-Gag laws would not be exempt from heightened First Amendment scrutiny as fraud statutes. Moreover, it demonstrates that, in particular, the Iowa and Utah Ag-Gag laws would not survive the heightened scrutiny outlined in Alvarez.

Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett

Pace Environmental Law Review

Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal …

Origins And Development Of Teaching Animal Law In Brazil, Tagore Trajano De Almeida Silva

Pace Environmental Law Review

This paper examines the strategies utilized on each continent and shows the path made for these scholars to build a framework to discuss animal law within law schools. The conclusion is that this movement produced by such scholars has changed the way law schools are teaching law and is affording new opportunities to solve animal concerns, and likewise, social problems in Brazil and around the world.

Therefore, this article first discusses the philosophical Brazilian background to teach animal law, and how the animal rights movement creates a framework for professors and students working in this field. It then summarily explores …

Using Emerging Pollution Tracking Methods To Address The Downstream Impacts Of Factory Farm Animal Welfare Abuse, Tarah Heinzen, Abel Russ

Pace Environmental Law Review

CAFOs present numerous interconnected ethical, environmental, and public health threats, and this article will discuss opportunities to address the multiple adverse impacts of factory farming through advances in pollution tracking methodologies. The first section will introduce the factory farm issue, and the relationship between its environmental and welfare consequences. We then review approaches to establishing liability for surface and groundwater contamination under existing pollution control laws and describe the unique challenges of using these approaches in the context of CAFO pollution. We then discuss techniques that have been used to more precisely identify sources of pollution, including measurements of a …

Cultural Solipsism, Cultural Lenses, Universal Principles, And Animal Advocacy, Thomas G. Kelch

Pace Environmental Law Review

Given the potpourri of human cultures and the need to take a global view of animal rights advocacy, how can animal rights advocates most efficiently and successfully advocate for animals? This article will address this issue.

First, I will describe and analyze views of the human/animal relationship from five example cultural traditions: Western culture, represented generally by Europe and North America, Indian culture, Chinese culture, South African culture, and Islamic culture, exemplified primarily here by Turkey. It is not asserted here that any of these cultures or countries are homogenous; they are not. Although Western culture is primarily constructed on …

Foreword, David N. Cassuto

Pace Environmental Law Review

The overlap between animal law and environmental law arises because the two disciplines are fundamentally linked. One cannot talk about the environment without also discussing the nonhuman sentient beings that populate it. Indeed, as I shall discuss shortly, one of the most vexing issues for me— as a scholar working in both fields—involves my ongoing attempt to address the historical tension between the two disciplines. This volume of the Pace Environmental Law Review (PELR) marks an important step on the path toward resolving those tensions and moving environmental law forward. That path will not always be smooth, nor will it …

Those Doggone Police: Insufficient Training, Canine Companion Seizures, And Colorado’S Solution, Kaylan E. Kaatz

San Diego Law Review

This Comment advocates that California adopt Colorado’s Dog Protection Act or a similar measure mandating police training for dog interactions and implementing specific procedures by law enforcement agencies to reduce dog shootings by police. With the increasing occurrence and coverage of police dog shootings, the need for more adequate law enforcement training on animal encounters is ever present. Additional training, as recently mandated by the Colorado legislature, would minimize police dog shootings. It would also help clarify the applicability of 42 U.S.C. section 1983, the federal statute permitting recovery for the loss of a dog due to a police shooting. …

Challenges In The Enforcement Of Animal Protection Laws In Singapore, Alvin W. L. See

Research Collection Yong Pung How School Of Law

Singapore has fairly powerful animal protection laws. In practice, however, these laws are only powerful to the extent that they are actually enforced. In Singapore, the low number of prosecutions for animal cruelty is a cause for serious concern. While there can be a myriad of reasons for this phenomenon, this paper argues that one primary cause is the insufficient understanding of what amounts, or may amount, to cruelty at law. This results in an unsound enforcement policy which reduces the protection afforded to animals. By highlighting this problem, this paper hopes to draw attention to the importance of the …

Animal Protection Laws Of Singapore And Malaysia, Alvin W. L. See

Alvin W-L SEE

This article offers an overview and assessment of the laws relating to the protection of animals in Singapore and Malaysia. The focus is on identifying the interpretations of the statutory offences of cruelty that will best promote their objectives and effectiveness.

Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See

Alvin W-L SEE

Animal law is a little-known subject in Singapore. However, the increase in public awareness and concern about animal welfare issues demand that more attention is directed at the legal aspects of such issues. An opportunity to examine this area of the law arose in the case of Ling Chung Yee Roy. The District Court, presided by District Judge Ng Peng Hong, had to decide whether the accused was guilty of an animal cruelty offence under s. 42(1)(e) of the Animals and Birds Act. The majority of animal cruelty complaints were against pet owners, of which a significant number concerned the …

Resisting Putting The Cat In The Bag: The Case Against Extending Minnesota's Dog Attack Strict Liability Statute To Cats, Julianna Passe

Hamline Law Review

abstract

The Concept Of Species With Constant Reference To Killer Whales, Thomas Wheeler

Washington Journal of Environmental Law & Policy

Watson recognized 182 species, Babington 251, and Bentham only 112. Over 150 years since Darwin’s time, scientists continue to debate what constitutes a species. But while this uncertainty remains unchanged, the law has: the United States has committed to protect individual (endangered) species. What was once merely an academic dispute now carries legal weight under the Endangered Species Act (ESA): recognition of a species can trigger significant economic consequences and non-recognition can doom a species to extinction. This comment examines the scientific roots of taxonomic uncertainty, the legal landscape of the ESA, and the potential unforeseen consequences of the relationship …

Health And Welfare Preempted: How National Meat Association V. Harris Undermines Federalism, Food Safety And Animal Protection, Marya Torrez

Marya Torrez

In 2008, the Humane Society of the United States released an undercover video showing horrific abuse of disabled cows in a California meat packing and meat processing company. The video led to a number of legislative and regulatory responses including a California law which prohibited the slaughter of nonambulatory animals and required that they be immediately humanely euthanized. However, in 2012, in National Meat Association v. Harris, the Supreme Court struck down the law as preempted by the Federal Meat Inspection Act. The decision not only violates traditional preemption jurisprudence but undermines California prerogatives to protect animal welfare and public …

Idaho Gag Law Hides Horrors Of Ag Industry, Lauren Carasik

Media Presence

No abstract provided.

- A Favor O En Contra De Los Espectaculos Taurinos: Por Sus Resoluciones Los Conocereis., Beatriz A. Franciskovic Ingunza

Beatriz A. Franciskovic Ingunza

No abstract provided.

Transnational Organized Crime And The Illegal Wildlife Trade Global Ties And Global Crime, Zachariah Edward Long

Graduate Program in International Studies Theses & Dissertations

World biodiversity is faced with many different threats in today's globalized world. One such threat is the emergence of transnational organized crime in the illegal wildlife trade. But why would transnational organized crime which is traditionally associated with such crimes like illegal drugs, weapons, and human trafficking be interested in the illegal wildlife trade? This thesis seeks to explore why transnational organized crime as a rational business actor would it be interested in participating in the illegal wildlife trade. To explore this relationship, this thesis will look at several different variables. First the economic conditions oflocals living with wildlife and …

Challenges In The Enforcement Of Animal Protection Laws In Singapore, Alvin W-L See

Alvin W-L See

No abstract provided.

¿Ley Vigente Válida E Ineficaz O Inválida E Ineficaz? - Ley N° 27265 Ley De Protección A Los Animales Domésticos Y A Los Animales Silvestres Mantenidos En Cautiverio, Beatriz A. Franciskovic Ingunza

Beatriz A. Franciskovic Ingunza

No abstract provided.

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

Michigan Journal of Environmental & Administrative Law

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 …

Irrational, Ineffective, And Unethical: Breed Specific Legislation Defies Common Sense, Elizabeth J. Baker

Elizabeth J. Baker

No abstract provided.

Caged Cats: Private Ownership Of Lions And Tigers, Adele Young

William & Mary Environmental Law and Policy Review

No abstract provided.