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Full-Text Articles in Law

Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018), Anne Peters Jan 2019

Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018), Anne Peters

Articles

The article comments on a Grand Chamber judgment by the Court of the European Union on animal slaughter according to Islamic prescriptions. The relevant European Union laws prescribe that religious slaughter without stunning of the animal may only take place in approved slaughterhouses. This causes a shortage during the Muslim Feast of Sacrifice in the Belgian province ofAntwerp. The EU law provisions are in conformity with the animal welfare mainstreaming clause of the Treaty on the Functioning of the European Union. Moreover, the EU regulation and its application in the concrete case does not violate the fundamental right of free …


Pragmatism, Pragtivism, And Private Environmental Governance, Joshua Galperin Jan 2018

Pragmatism, Pragtivism, And Private Environmental Governance, Joshua Galperin

Articles

This essay is an edited version of a talk presented at the 2017 J.B. & Maurice C. Shapiro Environmental Law Symposium on Private Environmental Governance at the George Washington University. It is adapted from a longer article entitled Trust Me, I’m A Pragmatist: A Partially Pragmatic Critique of Pragmatic Activism, in 42 Colum. J. Envtl. L. 425 (2017).


Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble Aug 2013

Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble

Articles

United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59% of …


New Priorities As The Endangered Species Act Turns 40, Dale Goble Jan 2013

New Priorities As The Endangered Species Act Turns 40, Dale Goble

Articles

No abstract provided.


Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble Jan 2012

Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble

Articles

Kirtland’s warbler is one of many conservation-reliant species listed under the Endangered Species Act (ESA). This species has met recovery goals, but removing it from the protections of the ESA is problematic because of its reliance on ongoing conservation. We define conservation management agreements (CMAs) and describe how they may provide a mechanism to protect conservation-reliant species after delisting. We suggest that CMAs should include four major elements: (1) a conservation partnership capable of implementing management actions at conservation-relevant scales, (2) a conservation management plan based on the management actions in the species’ successful recovery plan, (3) sufficient financial resources …


Conservation Reliant-Species, Dale Goble Jan 2012

Conservation Reliant-Species, Dale Goble

Articles

A species is conservation reliant when the threats that it faces cannot be eliminated, but only managed. There are two forms of conservation reliance: population- and threat-management reliance. We provide an overview of the concept and introduce a series of articles that examine it in the context of a range of taxa, threats, and habitats. If sufficient assurances can be provided that successful population and threat management will continue, conservation-reliant species may be either delisted or kept off the endangered species list. This may be advantageous because unlisted species provide more opportunities for a broader spectrum of federal, state, tribal, …


A State-Based National Network For Effective Wildlife Conservation, Dale Goble Jan 2012

A State-Based National Network For Effective Wildlife Conservation, Dale Goble

Articles

State wildlife conservation programs provide a strong foundation for biodiversity conservation in the United States, building on state wildlife action plans. However, states may miss the species that are at the most risk at rangewide scales, and threats such as novel diseases and climate change increasingly act at regional and national levels. Regional collaborations among states and their partners have had impressive successes, and several federal programs now incorporate state priorities. However, regional collaborations are uneven across the country, and no national counterpart exists to support efforts at that scale. A national conservation-support program could fill this gap and could …


Conservation-Reliant Species And The Future Of Conservation, Dale Goble Jan 2010

Conservation-Reliant Species And The Future Of Conservation, Dale Goble

Articles

Species threatened with extinction are the focus of mounting conservation concerns throughout the world. Thirty-seven years after passage of the U.S. Endangered Species Act in 1973, we conclude that the Act’s underlying assumption—that once the recovery goals for a species are met it will no longer require continuing management—is false. Even when management actions succeed in achieving biological recovery goals, maintenance of viable populations of many species will require continuing, species-specific intervention. Such species are “conservation reliant.” To assess the scope of this problem, we reviewed all recovery plans for species listed as endangered or threatened under the Act. Our …


A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble Jan 2010

A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble

Articles

The objective of the Endangered Species Act is to "recover" imperiled species and thus to render the Act's conservation tools unnecessary To achieve this goal, the drafters of the Act crafted a linear process that begins with an assessment of the threats facing the species and moves through the elimination of those threats to the recovery and delisting of the species. It has become increasingly apparent over the past decade that few species fit this model- most species face threats-altered habitats and competition with invasive species-that cannot be eliminated. These species are "conservation reliant" because they will require ongoing conservation …


The Consequence Of Human Differences, Jospeh Vining Jan 2010

The Consequence Of Human Differences, Jospeh Vining

Articles

This essay explores the ways in which the recognition of individual and person in the legal form of thought distinguishes it from forms of thought in evolutionary biology and mathematics that are put forward as means to a complete picture of the world. The essay observes that the legal form of thought is in fact deeply involved in our modern understanding of Nature itself.


Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert Jan 2009

Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert

Articles

No abstract provided.


The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble Jan 2009

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble

Articles

No abstract provided.


Recovery In A Cynical Time - With Apologies To Eric Arthur Blair, Dale Goble Jan 2007

Recovery In A Cynical Time - With Apologies To Eric Arthur Blair, Dale Goble

Articles

No abstract provided.


The Mystery Of The Individual In Modern Law, Jospeh Vining Jan 2007

The Mystery Of The Individual In Modern Law, Jospeh Vining

Articles

To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals. This was Telford Taylor, beginning the presentation of the "Medical Case" at the Nuremberg Trials. The "Medical Case" was not about genocide or war or the conduct of war. It was about experimentation on human beings, and it was this trial that produced the "Nuremberg Code," the first control of such treatment of human beings by one another, so surprisingly late in the history of modern scientific investigation, midtwentieth century, and so surprisingly absent everywhere before, despite the …


Recovery Of Imperiled Species Under The Endangered Species Act: The Need For A New Approach, Dale Goble Jan 2005

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” …


Problem Of Unraveling: Biodiversity And Private Property In Land, Dale Goble Jan 2002

Problem Of Unraveling: Biodiversity And Private Property In Land, Dale Goble

Articles

No abstract provided.


Capture And Counteraction: Self- Help By Environmental Zealots (Allen Chair Symposium 1996: The Future Of Environmental And Land-Use Regulation), James E. Krier Jan 1996

Capture And Counteraction: Self- Help By Environmental Zealots (Allen Chair Symposium 1996: The Future Of Environmental And Land-Use Regulation), James E. Krier

Articles

Self-help is a largely neglected topic in American legal studies.1 With the exception of a survey by a group of law students published a dozen years ago,2 there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way.3 This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.


Grizzly Bear Recovery In Idaho, Dale D. Goble Jan 1994

Grizzly Bear Recovery In Idaho, Dale D. Goble

Articles

No abstract provided.


Of Wolves And Welfare Ranching, Dale Goble Jan 1992

Of Wolves And Welfare Ranching, Dale Goble

Articles

No abstract provided.


The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble Jan 1987

The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble

Articles

The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found …


Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble Jan 1985

Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble

Articles

No abstract provided.