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Articles 1231 - 1260 of 1621
Full-Text Articles in Law
State Animal Protection Laws -- The Next Generation, Stephan K. Otto
State Animal Protection Laws -- The Next Generation, Stephan K. Otto
Animal Law Review
A vast increase in animal protection laws during the past decade has changed the legal landscape of animal law. The current generation of such laws includes more inventive and effective provisions, but more could be done. This article reviews the current laws of states across the country and proposes a number of specific provisions that would improve the force and effect of animal protection legislation. The Author’s goal is to identify pragmatic ways in which to make animals the most statutorily protected type of property in our country.
International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash
International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash
Animal Law Review
The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving …
Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore
Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore
Animal Law Review
The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.
Looking For A Nexus Between Trust, Compassion, And Regulation: Colorado's Search For Standards Of Care For Private, Non-Profit Wildlife Sanctuaries, Katherine A. Burke
Looking For A Nexus Between Trust, Compassion, And Regulation: Colorado's Search For Standards Of Care For Private, Non-Profit Wildlife Sanctuaries, Katherine A. Burke
Animal Law Review
In 2004, the Colorado legislature amended its wildlife statutes, formally recognizing the existence of private, nonprofit wildlife sanctuaries under the jurisdiction of the Colorado Division of Wildlife (CDOW). Opponents to the 2004 amendments and CDOW staff have repeatedly expressed concerns that private sanctuaries should not be authorized in the absence of regulations and enforcement mechanisms sufficient to protect the animals and the people who come into contact with them. In implementing the sanctuary statute, CDOW has followed a familiar pattern, relying on the accreditation program of the American Association of Zoological Parks and Aquariums (AZA) to provide the basis of …
Maximizing Scientific Integrity In Environmental Regulations: The Need For Congress To Provide Guidance When Scientific Methods Are Inadequate Or When Data Is Inconclusive, Mariyetta Meyers
Animal Law Review
A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. The courts’ review of the agency decisions based on such science largely depends on the various ways in which the “best science available” directive is written in the particular statute. That is, the more specific the congressional mandate, the less latitude the agency has in implementing congressional will; the broader the statutory language, the more breathing space the …
Recovery Of Imperiled Species Under The Endangered Species Act: The Need For A New Approach, Dale Goble
Recovery Of Imperiled Species Under The Endangered Species Act: The Need For A New Approach, Dale Goble
Articles
The recovery (delisting) of a threatened or endangered species is often accompanied by the expectation that conservation management of the species will no longer be necessary. However, the magnitude and pace of human impacts on the environment make it unlikely that substantial progress will be made in delisting many species unless the definition of “recovery” includes some form of active management. Preventing delisted species from again being at risk of extinction may require continuing, species-specific management actions. We characterize such species as “conservation-reliant”, and suggest that viewing “recovery” as a continuum of states rather than as a simple “recovered/not recovered” …
Front Matter
Animal Law Review
Front Matter includes title page, masthead, advisors, and Table of Contents for Animal Law Review Volume 11, Issue 1.
Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff
Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff
Animal Law Review
In 1999, New Zealand took an ambitious step to update its animal welfare legislation. The new law included a limited provision to protect Great Apes from scientific experimentation that was heralded internationally as a huge step forward for animals. The Author suggests, however, that New Zealand’s other animals have not fared nearly as well under the new law, and that the notion of New Zealand as the “animal friendly” nation implied by its treatment of primates is more about perception than reality. This article explores the New Zealand experience, and suggests lessons that can be drawn from the modernization of …
No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss
No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss
Animal Law Review
Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.
Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood
Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood
Animal Law Review
Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarder, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports.
A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore
A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore
Animal Law Review
No abstract provided.
Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma
Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma
Animal Law Review
The People’s Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China’s legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
1 v. (various pagings) : ill., maps ; 28 cm
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
A Public Policy Toward The Management Of Feral Cats, Shawn Gorman, Julie Levy
A Public Policy Toward The Management Of Feral Cats, Shawn Gorman, Julie Levy
The University of New Hampshire Law Review
[Excerpt] “This paper examines the current wildlife laws, both federal and state, to determine what laws may apply to managing the feral cat population. It begins with a determination of how domestic cats are classified under these laws. Since many laws are vague, the intent of the legislatures is investigated to determine if domestic cats were meant to be defined as a nonindigenous species. The focus then shifts to indicate ways to control the feral domestic cat population. Current trends in the control of other nonindigenous species appear to revolve around public nuisance claims; however, due to the unique nature …
Slides: Nepa And Adaptive Management, Denise A. Dragoo
Slides: Nepa And Adaptive Management, Denise A. Dragoo
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Denise A. Dragoo, Partner, Snell & Wilmer L.L.P., Salt Lake City, UT
22 slides
Slides: Lessons Learned From The Development And Implementation Of An Adaptive Management Plan At Three Hydropower Plants In Northeastern Washington State, Bob Dach
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Bob Dach, Federal Activities Specialist, U.S. Fish and Wildlife Service, Mountain-Prairie Region, Lakewood, CO
11 slides
Slides: Lessons From The Pinedale Anticline Adaptive Management Process, Peter Aengst
Slides: Lessons From The Pinedale Anticline Adaptive Management Process, Peter Aengst
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Peter Aengst, Regional Associate, The Wilderness Society, Northern Rockies Office
24 slides
Slides: Adaptive Management, Tim Salt
Slides: Adaptive Management, Tim Salt
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Tim Salt, Western Regional Staff Assistant, U.S. Bureau of Land Management (BLM)
19 slides
Slides: Industry's View Of 'Lessons Learned' From Pinedale Anticline Eis Adaptive Management, Robin Smith
Slides: Industry's View Of 'Lessons Learned' From Pinedale Anticline Eis Adaptive Management, Robin Smith
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Robin Smith, Mountaintop Consulting, LLC
19 slides
Slides: Pinedale Anticline Project Area: The Adaptive Management Process, Prill Mecham
Slides: Pinedale Anticline Project Area: The Adaptive Management Process, Prill Mecham
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Prill Mecham, Pinedale BLM Field Manager
35 slides
Slides: Adaptive Management: Pros, Cons, And Lessons Learned, Pete Morton
Slides: Adaptive Management: Pros, Cons, And Lessons Learned, Pete Morton
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Pete Morton, Ph.D., The Wilderness Society
21 slides
Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Agenda includes summaries of speakers' presentations
Workshop held May 12-13, 2004 at the University of Colorado School of Law and sponsored by the Natural Resources Law Center with support from the William and Flora Hewlett Foundation, BP America and Calpine Corporation
Government agencies, industry and others are beginning to apply the concepts of best management practices and adaptive management to oil and gas development. This free workshop will examine what is going on in the Rocky Mountain Region with these innovative management approaches. This timely workshop will be kicked off with a presentation on the Western Governors' Association Coalbed Methane …
Slides: Technologies To Reduce Methane Emissions From Natural Gas Production Activities, Roger Fernandez
Slides: Technologies To Reduce Methane Emissions From Natural Gas Production Activities, Roger Fernandez
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Roger Fernandez, EPA Gas STAR Program
31 slides
Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman
Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Peter Zimmerman, Canadian Parks and Wilderness Society
19 slides
Slides: Adaptive Management And Best Management Practices On The Southern Ute Indian Reservation, Bob Zahradnik
Slides: Adaptive Management And Best Management Practices On The Southern Ute Indian Reservation, Bob Zahradnik
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Bob Zahradnik, Red Willow Production Company
38 slides
Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre
Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre
ExpressO
This article seeks to explore a simple but profound question. How should our legal system deal with the claims of animals for protection against harms inflicted by humans? Rather than a comparative rights analysis as used by some writers, this article will use the non-comparative approach based upon an interest analysis. The short answer is that our legal system can and should do what it always has done, balance the interests of competing individuals in a public policy context, always seeking to strike an ethically appropriate balance. It will be shown that the legislative branch of our government presently promotes …
Invasion Of The Clones: Animal Cloning And The Potential Implications On The Future Of Human Cloning And Cloning Legislation In The United States, The United Kingdom, And Internationally, Adrienne N. Calhoun
Invasion Of The Clones: Animal Cloning And The Potential Implications On The Future Of Human Cloning And Cloning Legislation In The United States, The United Kingdom, And Internationally, Adrienne N. Calhoun
ExpressO
Cloning is an area of science that changes daily; with advances being made constantly. This technology has caused great controversy in the United States and across the world. The issue has raised religious, ethical, technical and legal concerns. This paper is broken into four parts in order to best address the complex area of cloning technology. Part one will be a review of the history of the science of cloning and the history of animal cloning. Part two will be a discussion of the risks and benefits of cloning. Part three will address ethical and religious concerns surrounding human cloning. …
Animals--Property Or Persons?, Gary L. Francione
Animals--Property Or Persons?, Gary L. Francione
Rutgers Law School (Newark) Faculty Papers
When it comes to our moral and legal obligations to nonhuman animals, we suffer from “moral schizophrenia.” We claim to recognize that animals have morally significant interests in not suffering and that it is morally wrong to inflict “unnecessary” suffering on animals. Although we have laws that purport to reflect these moral sentiments, the overwhelming portion of the pain, suffering, and death that we impose on animals cannot be regarded as necessary in any sense. Our moral schizophrenia is related to the status of animals as property, which means that, as a practical matter, animal suffering will be regarded as …
False Advertising, Animals, And Ethical Consumption, Carter Dillard
False Advertising, Animals, And Ethical Consumption, Carter Dillard
Carter Dillard
In light of the fact that today's consumers often want their products to be created in the most environmentally, globally, and animal friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. False advertising law represents a rare, albeit roundabout, legal opening for animal advocates to deal with issues of animal mistreatment, regardless of legislative and executive branch disregard of the importance of animal protection. Whether there is a beneficial change in the law or not, current opportunities in the market for these cases should be sought …