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Animal Law

2021

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Full-Text Articles in Law

The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon Dec 2021

The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon

Pace International Law Review

The illegal wildlife trade has been a dilemma for decades

and remains prevalent globally – international intervention is

required now. While most countries participate in the Convention

on International Trade in Endangered Species of Wild

Fauna and Flora (“CITES”), not all countries have the same approaches

to combating the illegal wildlife trade. Unique approaches

can be beneficial because each illegally traded species

requires a different response, and countries with limited resources

can also participate. However, the lack of a unified response

hinders the global fight against the illegal wildlife trade.

While traditional methods to combat crime, such as passing

laws, …


The Shortcomings Of Corporate Accountability In Post-Conflict Colombia: Land, Rivers And Animals, Isabella Ariza Buitrago, Luisa Gomez Betancur Dec 2021

The Shortcomings Of Corporate Accountability In Post-Conflict Colombia: Land, Rivers And Animals, Isabella Ariza Buitrago, Luisa Gomez Betancur

Biennial Conference: The Social Practice of Human Rights

Although the notion of sustainable peace requires acknowledging the role played by all actors, transitional processes around the world have inadequately addressed or completely ignored the direct and indirect participation of economic actors. In particular, Colombia's transitional justice regime left out corporations entirely. A skillshare between Colombian lawyers and US-based human rights attorneys showed some of the gaps that let corporations continue in impunity for profiting, benefiting from, or directly financing the conflict. Other than harming and deeply fracturing communities, the shortcomings of corporate accountability in post-conflict Colombia also leave land, rivers, and animals without redress. This paper explores some …


Taxpayer-Funded Covid Shots For Minks Just The Latest Nova Scotia Industry Outage, Jodi Lazare Nov 2021

Taxpayer-Funded Covid Shots For Minks Just The Latest Nova Scotia Industry Outage, Jodi Lazare

Articles, Book Chapters, & Popular Press

Nova Scotia's Department of Agriculture has quietly announced its plan to prop up the mink farm industry, by paying for COVID-19 vaccines for minks. Throughout the pandemic, we’ve learned that minks can catch COVID, spread it between themselves, and transmit it to the humans who work on these farms. As part of Nova Scotia’s vaccination program, 54,000 doses will be administered to the animals whose pelts will eventually be sold overseas.


Bahr V. Regan, Aspen B. Ward Nov 2021

Bahr V. Regan, Aspen B. Ward

Public Land & Resources Law Review

In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review by the Ninth …


Puppy Therapy, Cardozo Animal Legal Defense Fund, Cardozo Office Of Student Services & Advising Nov 2021

Puppy Therapy, Cardozo Animal Legal Defense Fund, Cardozo Office Of Student Services & Advising

Flyers 2021-2022

No abstract provided.


Ag-Gag Illustrated, Jodi Lazare, Petroglyph Comics Nov 2021

Ag-Gag Illustrated, Jodi Lazare, Petroglyph Comics

Articles, Book Chapters, & Popular Press

In February 2021, Professor Jodi Lazare was contacted by Petroglyph Comics, a social justice comic studio, that wanted to turn her research on Canadian ag-gag legislation into a comic, accessible to all. The resulting comic is based on two articles by Prof. Lazare, the first published in the Alberta Law Journal and the second currently under review at a second Canadian law journal. Both articles combine her interests in animal law and constitutional law to suggest that recently adopted legislation limiting access to and information about industrially farmed animals in Canada constitutes an unjustified limit to the constitutional right …


Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell Oct 2021

Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell

Environmental and Earth Law Journal (EELJ)

The U.S. Environmental Protection Agency (EPA) and the Department of Justice are tasked with the investigation and prosecution of hazardous waste crimes occurring under the U.S. Resource Conservation and Recovery Act (RCRA). For criminal sanctions to be effective, the probability of detection and severity of punishment must be significant enough to raise the cost to benefit ratio to deter environmental crimes. While research examines sanctioning under RCRA, little work examines the plausibility of the deterrent effect of criminal sanctions. Through content analysis of all environmental crime prosecutions resulting from EPA criminal investigations, 1983-2019, we explore the probability of detection and …


Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello Oct 2021

Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello

Environmental and Earth Law Journal (EELJ)

Fish and the fishing industry are one of the main sources of food protein and commerce in many areas of the world, whether it be from traditional and artisanal fishing practiced in Somalia and other undeveloped countries or large scale international commercial fishing from rich and industrialized nations. The world’s oceans are currently being plagued by overfishing both from legally authorized activities and Illegal, Unreported, and Unregulated Fishing. The purpose of this paper is to examine the problems plaguing the world’s fisheries with an eye towards the environmental damage and economic harm that stem from it. It is also to …


The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico Oct 2021

The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico

Environmental and Earth Law Journal (EELJ)

This note assessed how animal care organizations and the animals in their care were impacted, negatively and positively, by the coronavirus pandemic. Several animal care organizations in the United States–including animal shelters, rescues, sanctuaries, and zoos–were contacted directly, and invited to share their experiences from the COVID-19 pandemic in 2020. They provided valuable in-depth insight into how government shutdowns and social distancing impacted their facility; if any of the animals in their care tested positive for COVID-19; how the animals in their care were affected indirectly by COVID-19; if they sought and received any government assistance to keep them operational; …


Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele Oct 2021

Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele

Environmental and Earth Law Journal (EELJ)

Alkaline hydrolysis is an eco-friendly cremation alternative that uses water, a gentle chemical solution, and heat to break down bodies instead of fire. It has a carbon footprint that is 75% less than that of standard cremation and eliminates the possibility of soil and groundwater pollution created by traditional burials. The problem is that it is illegal and unavailable to citizens in at least 31 states. This comment examines the history, process, and legality of alkaline hydrolysis while proposing the rapid federal or mass state legalization of the method as a solution to many of the problems the death care …


The Legal Representation Of Activists, Cardozo Environmental Law Society, Cardozo Student Animal Legal Defense Fund Oct 2021

The Legal Representation Of Activists, Cardozo Environmental Law Society, Cardozo Student Animal Legal Defense Fund

Flyers 2021-2022

No abstract provided.


Pushing The First Domino: Freeing The Whales In Canada, Luc Paul Bourgeois Oct 2021

Pushing The First Domino: Freeing The Whales In Canada, Luc Paul Bourgeois

LLM Theses

In 2019, the Canadian Parliament adopted Bill S-203, titled the Ending the Captivity of Whales and Dolphins Act [Whales Act], to phase-out the captivity of cetaceans – that is, whales, dolphins, and porpoises – mainly for entertainment purposes. This new law reflected scientific knowledge and signaled a shift in public attitudes relating to cetacean captivity. Undeniably, this piece of legislation raises many legal and normative questions. Drawing on the capabilities approach, espoused by Martha C. Nussbaum, this paper will explore the nature and impact of the Whales Act in the Canadian political and legal landscape, as well as the newly …


Discontinuity Between Religion, Law, And Society Through Animal Treatment In Morocco, Michael Altman Oct 2021

Discontinuity Between Religion, Law, And Society Through Animal Treatment In Morocco, Michael Altman

Independent Study Project (ISP) Collection

Animal treatment is a topic which is covered by many facets of what helps create the guiding principles for humans, yet all in different ways; there is some overlap, and there is some distinction. From my three months of study in Rabat, Morocco, seeing how each person approaches the homeless animal differently, I write on how three important overarching areas: religious, legal, and societal, discuss how animals should be treated.

In this paper, I will be analyzing religious texts, legal writings both in place and in draft, and will rely on external works written animal markets and on the school …


"Very Complex Questions": Zoos, Animals, And The Law, Dana Mirsky Oct 2021

"Very Complex Questions": Zoos, Animals, And The Law, Dana Mirsky

William & Mary Environmental Law and Policy Review

In Sulawesi, Indonesia—forty-five thousand years ago, an artist painted what is now the world’s oldest known cave painting—a life-size image of a wild pig. Forty thousand years later, the elite of Hierakonpolis, Egypt, housed elephants, hippos, and baboons in the world’s oldest known zoo. Today, individuals keep exotic fish, reptiles, and birds as pets while zoos and aquariums display some of the largest and rarest animals on the planet. The human fascination with wild animals is clearly not a new phenomenon, but how and why we keep wild animals have evolved over time. Zoos in particular have changed dramatically just …


The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”, Zoe A. Bernstein Sep 2021

The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”, Zoe A. Bernstein

Brooklyn Law Review

In recent years, concern over the environmental, animal welfare, and human costs of animal agriculture has spurred an increased demand for nonanimal sourced protein. This has led to significant innovation in food technology. As part of this trend, food scientists have developed a process for in-vitro cultivation of meat cells to produce protein that is biologically and nutritionally identical to meat from traditionally raised and slaughtered animal sources, but that involves neither animal agriculture nor animal slaughter. This lab-grown “clean meat” represents a new era in food technology and is already having an effect on the existing meat industry. In …


Unleashing Pets From Dead-Hand Control, Kaity Y. Emerson, Kevin Bennardo Sep 2021

Unleashing Pets From Dead-Hand Control, Kaity Y. Emerson, Kevin Bennardo

Nevada Law Journal

No abstract provided.


European Union Food Law Update, Nicole Coutrelis Aug 2021

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

Update on European Union Food Law 2005


Preempting Food Safety: An Examination Of Usda Rulemaking And Its E.Coli O157:H7 Policy In Light Of Estate Of Kriefall Ex Rel. Kriefall V. Excel Corporation, Denis Stearns Aug 2021

Preempting Food Safety: An Examination Of Usda Rulemaking And Its E.Coli O157:H7 Policy In Light Of Estate Of Kriefall Ex Rel. Kriefall V. Excel Corporation, Denis Stearns

Journal of Food Law & Policy

This article will use the Kriefall decision to examine USDA rulemaking and its still-evolving E. coli 0157:H7 policy. Part II of the article will briefly describe the development and implementation of the USDA E. coli 0157:H7 policy as a reaction to an enormous and widely-publicized outbreak of E. coli infections that occurred in 1993-the so-called Jack in the Box outbreak. Following the outbreak, E. coli 0157:H7 was declared by USDA to be an adulterant per se according to FMIA. It was also at this time that the first steps were taken by USDA to move from a "command and control" …


Medicaid Third-Party Liability And Claims For Restitution: Defining The Proper Role For The Tort System In Regulating The Food Industry, Coby Warren Logan Aug 2021

Medicaid Third-Party Liability And Claims For Restitution: Defining The Proper Role For The Tort System In Regulating The Food Industry, Coby Warren Logan

Journal of Food Law & Policy

This comment contends that tort liability can complement legislative and administrative government regulation of the food industry, providing sellers and manufacturers of food with an incentive to prevent consumers from over-consumption and becoming obese. Specifically, this comment supports the proposition that after government regulations are promulgated by Congress, claims should be allowed by state attorneys general to recoup Medicaid costs incurred in treating health conditions and illnesses caused by obesity.


The Food Safety And Inspection Service's Lack Of Statutory Authority To Suspend Inspection For Failure To Comply With Haccp Regulations, Dennis R. Johnson, Jolyda O. Swaim Aug 2021

The Food Safety And Inspection Service's Lack Of Statutory Authority To Suspend Inspection For Failure To Comply With Haccp Regulations, Dennis R. Johnson, Jolyda O. Swaim

Journal of Food Law & Policy

Since the implementation of the Mega-Reg, the agency has had mixed success with its new enforcement procedures. Although most establishments have chosen to work with FSIS to modify their procedures to allay any concerns the agency had, on a few occasions, no compromise was reached. In these cases, the establishment filed suit in federal district court challenging the agency's authority to remove inspectors for failure to comply with the Mega-Reg. In the three cases where the agency's authority was challenged, the establishment was successful and inspection was restored.


From The Farm To The Factory: An Overview Of The American And European Approaches To Regulation Of The Beef Industry, Crisarla S. Houston Aug 2021

From The Farm To The Factory: An Overview Of The American And European Approaches To Regulation Of The Beef Industry, Crisarla S. Houston

Journal of Food Law & Policy

First, this article briefly describes the existing regulatory requirements under both systems. Second, it compares the two approaches. In comparing the two systems, attention is concentrated on the quality of legislative drafting, the likelihood of implementation, the adequacy of consumer protection, the voluntary or compulsory nature of the measures, and the requirement of records retention.


United States Food Law Update: Food Safely Planning, Attribute Labeling, And The Irradiation Debate, Bryan Endres Aug 2021

United States Food Law Update: Food Safely Planning, Attribute Labeling, And The Irradiation Debate, Bryan Endres

Journal of Food Law & Policy

This article summarizes significant changes and developments in food law throughout the second half of 2007. The previous edition of the Food Law Update noted the recent increase in imported food and the resulting stress placed on food safety agencies and customs officials. Detailed inspections of every food shipment entering the United States would quickly exhaust limited agency resources and cripple efficient international trade of food products. On the other hand, after several well-publicized food scares and the ongoing threat of international contamination, the public increasingly demands high levels of physical surveillance. As a part of this ongoing discussion, this …


Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert Aug 2021

Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert

Public Land & Resources Law Review

The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …


Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum Jul 2021

Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum

Journal of Food Law & Policy

Like other environmental resources subject to public use, various interest groups struggle over joint management of scarce fisheries resources. Further, differing goals for resource management, such as financial goals versus conservation goals, frequently pit regional groups against one another. In some cases, regional interests may conflict with overall national interests. As goes the water and the air, so go the fish.


United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr Jul 2021

United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr

Journal of Food Law & Policy

This edition of the Food Law Update explores four legal issues arising in the first half of 2010 reflective of the diverse nature of the food law specialist. As the national debate surrounding the merits of health care reform dominated the legislative agenda, this article first will discuss the food labeling rules embedded within section 4205 of the Patient Protection and Affordable Care Act of 2010. The authors then analyze the preemptive reach of the Federal Food, Drug, and Cosmetic Act and the Meat Inspection Act with respect to three separate California statutes regarding animal welfare standards, retail labels on …


The Tragedy Of The Horse, American Icon, Tim Opitz Jul 2021

The Tragedy Of The Horse, American Icon, Tim Opitz

Journal of Food Law & Policy

Whether a prohibition on slaughter improves the welfare of the American horse population is the focus of this article. At the time it was written, winter of 2010-2011, a confluence of Federal and State legislative action had ended domestic slaughter. These actions are detailed in the body of this article. Since 2007, the legal status of horse slaughter remained static. Just as Sir Isaac Newton's first law of motion explained, an object at rest tends to stay at rest. Legislative inertia is the perspective from which this article was originally written. However, Newton's first law also stated that the object …


Cows V. Capitalists: Visions Of A Post-Carbon Economy, Alison Peck Jul 2021

Cows V. Capitalists: Visions Of A Post-Carbon Economy, Alison Peck

Journal of Food Law & Policy

I was tempted to entitle this book review something like, "Why the Farm Bill Is the Key to Our Energy Future (Hint: It's Not About Ethanol, Methane Emissions, or Carbon Sinks)." But in addition to being too long to fit across the header of a law review page, such a title would have been slightly misleading. Actually, in Simon Fairlie's view, our future is about ethanol, methane emissions, and carbon sinks - but not in the way our current agricultural policies understand and deal with these subjects.


Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch Jun 2021

Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch

Public Land & Resources Law Review

No abstract provided.


Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler Jun 2021

Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler

Public Land & Resources Law Review

No abstract provided.


Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo Jun 2021

Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo

Public Land & Resources Law Review

No abstract provided.