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Full-Text Articles in Law
Paid In Full: Interpreting And Defining "Market Value" Under The Lacey Act, Max Birmingham
Paid In Full: Interpreting And Defining "Market Value" Under The Lacey Act, Max Birmingham
Animal Law Review
There is a circuit split on the definition of “market value” under the Lacey Act. Courts disagree whether the price of hunting guide services should be factored into calculating the market value of the wildlife hunted. But the purpose of the Lacey Act suggests a broad interpretation of market value which includes guide services. This Article proposes amending the Lacey Act to make clear the definition of market value in keeping with its original purpose.
2018 Federal Legislative Review, Anna Fugate
2018 Federal Legislative Review, Anna Fugate
Animal Law Review
2018 was a slow year for federal animal law legislation. Congress only signed the Endangered Salmon Predation Prevention Act into law, and that law permits the killing of sea lions to protect endangered salmon and steelhead populations. While Congress considered other animal legislation, none of this proposed legislation made it out of Congressional Committees and Subcommittees.
2018 State Legislative Review, Emma Therrien
2018 State Legislative Review, Emma Therrien
Animal Law Review
There were several important changes to animal protection in the United States in 2018. California became the first state to ban cosmetic testing on animals and also made improvements for a handful of species used in factory farming. Prop 12 was passed, increasing minimum size standards for these species, but the most drastic change was the banning of eggs produced by egg-laying hens housed in cages—effectively prohibiting the use of cages for these birds in the state and the sale of eggs from producers that use cages in production facilities out of state. Florida and New Jersey made influential advancements …
The Animal Welfare Act At Fifty Conference At Harvard Law School Introduction, Delcianna Winders
The Animal Welfare Act At Fifty Conference At Harvard Law School Introduction, Delcianna Winders
Animal Law Review
Delcianna Winders introduces the Animal Welfare Act at Fifty Conference.
Animal Welfare Act: Welfare Standards, Cathy Liss, Kimberly Ockene, Naomi Rose, Georgia Hancock Snusz, Anna Frostic
Animal Welfare Act: Welfare Standards, Cathy Liss, Kimberly Ockene, Naomi Rose, Georgia Hancock Snusz, Anna Frostic
Animal Law Review
Cathy Liss discusses the changes to the standards after the 1985 Improved Standards for Laboratory Animals amendment to the AWA and the emphasis of performance standards that were implemented. Kimberly Ockene discusses the AWA regulations for commercial dog breeders and a petition for rulemaking that seeks to enhance these regulations. Naomi A. Rose and Georgia Hancock Snusz discuss captive marine mammals and their coverage under the AWA. Lastly, Anna Frostic speaks about public handling of exotic animals held at licensed exhibitors, which are regulated under the Act.
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 25, Issue 3, 2019.
Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch
Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch
Animal Law Review
The animal law movement and animal law education in law schools has been growing over the years. In this Article, prominent figures in the animal law world discuss this growth as well as changes that are expected within the next generation of animal law practice. The authors suggest important goals necessary to strengthen the movement in order to allow law students to access the resources needed to be powerful animal advocates for years to come.
The Struggle For The Legal Rights Of Nonhuman Animals Begins: The Experience Of The Nonhuman Rights Project In New York And Connecticut, Steven M. Wise
The Struggle For The Legal Rights Of Nonhuman Animals Begins: The Experience Of The Nonhuman Rights Project In New York And Connecticut, Steven M. Wise
Animal Law Review
Twenty-five years ago, in the first issue of Animal Law, the author offered an account of why legal rights do not need to be restricted to human beings. Here the author expands upon that account to provide a review of the ongoing struggle of the Nonhuman Rights Project (NhRP) to obtain legal rights for nonhuman animals. The author outlines habeas corpus cases the NhRP has brought on behalf of chimpanzees and elephants in New York and Connecticut and provides a view of the New York and Connecticut Pet Trust Statutes, which grant domestic or pet animals the right to be …
Ruminations On Twenty-Five Years Of Animal Law, Joan E. Schaffner
Ruminations On Twenty-Five Years Of Animal Law, Joan E. Schaffner
Animal Law Review
In this Article, the author tracks the ‘progress’ of the animal law movement over the past twenty-five years, focusing on the perennial ambiguity in the property status of animals and the kinds of harm to animals the law is, and is not, willing to condone, and the power of the media to shed light on these harms. The author also explains how her own work, concentrating on the question of the ‘value’ of animals, has contributed to the field of animal law. In particular, she highlights her work on the problem of legal valuation of companion animals for damages claims, …
Animal Welfare Act: Related Litigation And Other Efforts, Joyce Tischler, Valerie Stanley, Jenni James, Kathy Meyer
Animal Welfare Act: Related Litigation And Other Efforts, Joyce Tischler, Valerie Stanley, Jenni James, Kathy Meyer
Animal Law Review
Joyce Tischler discusses the background of the Animal Welfare Act from the 1971 definitional change of the term “animal” to the 1985 Amendment for improved standards. Her organization, Animal Legal Defense Fund, was the first to litigate the AWA’s terms and the U.S. Department of Agriculture’s regulations. Valerie Stanley expands upon the 1985 Amendment’s requirements regarding primates and the regulatory struggles Animal Legal Defense Fund faced therein. Jenni James discusses Article III standing and the difficulties in getting into court due to a general reluctance to recognize plaintiffs as satisfying standing under the AWA. She also discusses the courts preference …
Animal Welfare Act: Enforcement, Delcianna Winders, Varu Chilakamarri
Animal Welfare Act: Enforcement, Delcianna Winders, Varu Chilakamarri
Animal Law Review
Delcianna Winders discusses the Animal Welfare Act and how the United States Department of Agriculture enforces it. She also provides a critique of the USDA’s enforcement of the AWA, with particular attention to its heavy reliance on warnings and discounted penalties, which in many cases fail to deter regulated entities from violating the AWA. Varu Chilakamarri discusses how animal welfare issues are incorporated into the work of the Department of Justice (DOJ). She provides an overview of the AWA, noting the specific sections that provide for federal court review. Chilakamarri also discusses some of the programmatic steps the DOJ has …
For The Twenty-Fifth Anniversary Of Animal Law, Earl Blumenauer
For The Twenty-Fifth Anniversary Of Animal Law, Earl Blumenauer
Animal Law Review
Foreword to Animal Law Review Volume 25, Issue 3, 2019.
Personal Reflections On Being A Postcolonial Feminist Animal Law Professor, Maneesha Deckha
Personal Reflections On Being A Postcolonial Feminist Animal Law Professor, Maneesha Deckha
Animal Law Review
The author reflects on her experiences in the field of animal law. A recurring theme throughout the Article is that the author’s struggle to see herself being part of the animal law at all. This is because mainstream animal law writing has tended to take a liberal legal approach, while the author has focused her work around concepts of intersectionality, feminist, and postcolonial theory in a field she has self-described as “Philosophy, Critical Theory, and Animal Ethics.” Consistent with her intersectional approach, the author highlights how her experience being Canadian, being female, and being ‘radicalized’ have all intersected to shape …
2018 Foreign And International Legislative Review, Caitlin Skurky
2018 Foreign And International Legislative Review, Caitlin Skurky
Animal Law Review
This Review examines foreign and international legislation relating to animals proposed or passed in 2018 and early 2019. The Review specifically examines legislation in Vietnam, Switzerland, Spain, Canada, Luxembourg, the U.K., Ukraine, and Portugal, with a specific focus on legislation that seeks to increase animal welfare, reduce consumption of cruel animal products, or end violent animal practices.
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, Advisors, and Table of Contents for Animal Law Review Volume 25, Issue 2, 2019.
The Beginning Of The End For Belugas In Captivity In The United States, Megan E. Boyd
The Beginning Of The End For Belugas In Captivity In The United States, Megan E. Boyd
Animal Law Review
Beluga whales have been displayed in aquariums and zoos for decades, but the end of captive beluga displays in the United States is near, thanks to Georgia Aquarium v. Pritzker. In 2012, the Georgia Aquarium, on behalf of members of the beluga cooperative breeding program, applied to the National Marine Fisheries Service (NMFS) for a special permit allowing the breeding cooperative to import eighteen beluga whales from Russia. After NMFS denied the permit, the Aquarium brought suit, arguing that NMFS’s denial was arbitrary and capricious and that without an influx of belugas, the United States captive beluga whale breeding program …
Animal Welfare Act: Interaction With Other Laws, Ani B. Satz, Delcianna Winders
Animal Welfare Act: Interaction With Other Laws, Ani B. Satz, Delcianna Winders
Animal Law Review
Ani B. Satz discusses the interaction of the Animal Welfare Act (AWA) with state laws, specifically focusing on perceived preemptive effects of the AWA on state anti-cruelty laws. Delcianna Winders discusses how these perceived preemptive effects play out on a federal level, focusing on how the AWA interacts with the Endangered Species Act (ESA). She expands upon how both laws apply to captive animals, who have been identified as threatened or endangered under the ESA.
Animal Welfare Act: Excluded Animals, Michael Mcfadden, Sue Leary, Kathy Hessler
Animal Welfare Act: Excluded Animals, Michael Mcfadden, Sue Leary, Kathy Hessler
Animal Law Review
Michael McFadden discusses the Animal Welfare Act’s exclusion of farmed animals and possible reasons for their exclusion. He then briefly discusses welfare problems faced by farmed animals. He ends by describing the various ways in which consumers are showing increasing concern for farmed animals and how consumers, especially millennial consumers, are poised to force the agricultural industry to improve conditions for farmed animals. Sue Leary recounts the history of efforts to include rats, mice, and birds, in the AWA. Next, she explains the historical and contemporary issues with including common laboratory research animals under animal protection laws. She ends her …
It Takes A Village To Protect Its Pets: How To Empower Local Community Organizations In The Fight For Companion Animal Rights, Danielle Maddox Kinchen
It Takes A Village To Protect Its Pets: How To Empower Local Community Organizations In The Fight For Companion Animal Rights, Danielle Maddox Kinchen
Animal Law Review
This Note aims to provide a guide for state law reforms to ease the responsibility on southern states’ shelter, rescue, and foster systems. It employs a three-pronged strategy to address two main challenges for homeless companion animals—overpopulation and unprosecuted animal cruelty. The United States euthanizes an estimated 1.5 million companion animals annually in its companion animal shelters, largely due to overpopulation, and the South plays an exponentially larger role in this statistic than the North, with some southern cities annually euthanizing hundreds of thousands of companion animals each. Approximately 6.5 million companion animals enter shelters each year, and in addition …
A Message From The Next Generation Of Animal Law, Adrienne Craig, Frances Chrzan
A Message From The Next Generation Of Animal Law, Adrienne Craig, Frances Chrzan
Animal Law Review
Introduction to Animal Law Review Volume 25, Issue 3, 2019.
Five More Years For The Animals, David S. Favre
Five More Years For The Animals, David S. Favre
Animal Law Review
For Animal Law’s twenty-fifth anniversary edition, David S. Favre is back with an update on the state of animal law in the United States. This piece covers the new, the changeless, the good, and the bad of the animal legal landscape in the past five years, since Animal Law last asked Favre to write a review of animal law. An overview of new case law is discussed, as is a summary of newly passed state laws, mostly related to companion animals. Additionally, developments in the ever-expanding field of animal legal education are examined. This Article discusses changes in a variety …
Farmed Animals: The Past Is Prologue, The Future Is (Almost) Here, Mariann Sullivan
Farmed Animals: The Past Is Prologue, The Future Is (Almost) Here, Mariann Sullivan
Animal Law Review
The author describes her journey to animal law and the contributions she has made to the field, particularly in respect of ballot initiatives that have been used successfully to make specific improvements to the welfare of farmed animals. She provides an overview of the Florida ballot initiative prohibiting the confinement of pigs during pregnancy and the California ballot initiatives setting minimum cage size for laying hens and more, highlighting how the idea for each initiative was born, and the drafting and implementation challenges encountered along the way. The author also focusses on other legal and non-legal strategies that are being …
A Quarter Of A Century Of Animal Law: Our Roots, Our Growth, And Our Stretch Toward The Sun, Nancy Perry
A Quarter Of A Century Of Animal Law: Our Roots, Our Growth, And Our Stretch Toward The Sun, Nancy Perry
Animal Law Review
This Article explores the author’s experience as one of the early student pioneers of the animal law program at Lewis & Clark Law. The author discusses her work on the Oregon Cougar and Bear Initiative as a introduction to the power of the ballot initiatve process. The Article then recounts the progress that has been made by animal advocates via federal and state legislation and ballot measures, as well as the setbacks driven by industry interest. It concludes with a discussion of the need for a good defense as industry interests attempt to roll back the progress made by animal …