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Full-Text Articles in Law
Striking A Balance: Why Federal And State Laws Should Be Revised To Effectively Deter Puppy Mills, Kaitlyn Cameron
Striking A Balance: Why Federal And State Laws Should Be Revised To Effectively Deter Puppy Mills, Kaitlyn Cameron
Animal Law Review
The Animal Welfare Act (AWA) was passed in 1966 with the purpose of ensuring the humane care and treatment of animals. The AWA delegates licensing responsibilities to the United States Department of Agriculture (USDA) and the Animal Plant and Health Inspection Services (APHIS), who have the authority to investigate violations of the AWA and penalize relevant organizations, such as puppy mills, when necessary. Unfortunately, the AWA sets forth minimum standards for the humane care and treatment of these animals and the USDA has exercised its own discretion in penalizing violations of the AWA. The AWA establishes standards for compliance, but …
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.
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.
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 …
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 …
Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith
Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith
Animal Law Review
In the United States, violent use of “bullhooks”—sharpened, steel-tipped rods—on captive elephants at carnivals, circuses, and zoos is all too routine. Yet animal-welfare advocates struggle to protect elephants from the (mis)use of bullhooks under the current regulatory regime. At the federal level, advocates cannot consistently rely on either the Animal Welfare Act or the Endangered Species Act, due to these statutes’ narrow provisions, standing limitations, and inconsistent enforcement. State animal-protection laws are equally deficient, as only two states have defined suffering and abuse clearly enough in their statutes to enable effective prosecution of elephant mistreatment, and plaintiffs in even these …
Twenty Years And Change, David Favre
Twenty Years And Change, David Favre
Animal Law Review
This Introduction provides an overview of the evolution of animal law over the past twenty years, demonstrating how changes in the law, social awareness, and legal education have directly affected this field. This Introduction describes both the positive and negative changes that have taken place, from the banning of dogfighting and cockfighting by federal law and some state laws; a spread in voter-adopted legislation providing for the protection of agricultural animals; and movements to reduce the use of chimpanzees in animal research; to the limitations of the Animal Welfare Act; changes in the United States Department of Agriculture (USDA) policy …
Just Say Neigh: A Call For Federal Regulation Of By-Product Disposal By The Equine Industry, Mary W. Craig
Just Say Neigh: A Call For Federal Regulation Of By-Product Disposal By The Equine Industry, Mary W. Craig
Animal Law Review
This article discusses the thousands of foals born each year that are bred for industrial purposes. These foals must then be disposed of as unwanted by-products of the equine industry. PMU mares are bred to collect urine rich with hormones used in the production of a drug to treat menopausal symptoms. Nurse mares are bred to produce milk to feed foals other than their own. If adoptive homes cannot be found quickly, both industries dispose of their equine by-products by slaughtering the foals, and sometimes the mares, for profit or convenience. This paper calls for an amendment to the Animal …
2022 Legislative Review, Emilie Keturakis
2000 Legislative Review, Alicia Finigan
2000 Legislative Review, Alicia Finigan
Animal Law Review
Our third Legislative Review reports the passage and de- feat of several state and federal, administrative and legislative actions. Ms. Laurie Fulkerson has researched and written on four major pieces of federal legislation; Mr. Chris Brown has discussed additional federal advances, and a review of state initiatives which both advance and undermine animal welfare; Ms. Amy Baggio has reviewed the passage of state anti-cruelty statues. Finally, Ms. Alicia Finigan has reported on the United State's Pelly Amendment certification of Japan for violating the International Whaling Commission's resolution to cease its illusory "research whaling" for minke, sperm and Bryde's whales.