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2010

Animal Law

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Full-Text Articles in Law

The Entitlement Of Chimpanzees To The Common Law Writs Of Habeas Corpus And De Homine Replegiando, Steven M. Wise Oct 2010

The Entitlement Of Chimpanzees To The Common Law Writs Of Habeas Corpus And De Homine Replegiando, Steven M. Wise

Golden Gate University Law Review

In this Article, I claim that humans enslave chimpanzees and thereby deprive them of their bodily liberty and that chimpanzees should be entitled to use the common law writs of habeas corpus and de homine replegiando and to bring their common law claims to bodily liberty before courts. In Part I, I demonstrate that chimpanzees are genetically highly similar to humans and quite cognitively and socially complex. In Part II, I argue that flexibility is part of the common law's basic structure, that legal personhood is one of the common law's basic values, that the structure of the ...


The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook Oct 2010

The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook

William & Mary Bill of Rights Journal

No abstract provided.


Animal Law In Nevada: All Bark And No Bite, Kathleen Wilde Oct 2010

Animal Law In Nevada: All Bark And No Bite, Kathleen Wilde

Nevada Law Journal

No abstract provided.


Standing In Barack Obama's Shoes: Evaluating The President's Jurisprudence Of Empathy In Light Of James Wilson's Jurisprudence Of “Common Sense”, John Rollert Aug 2010

Standing In Barack Obama's Shoes: Evaluating The President's Jurisprudence Of Empathy In Light Of James Wilson's Jurisprudence Of “Common Sense”, John Rollert

Student Scholarship Papers

This article explains what President Barack Obama meant when he called empathy an “essential ingredient” in judicial decision making and, thus, the outstanding quality he would look for in his Supreme Court nominees. It also provides a comparative study between Obama’s jurisprudence of empathy and Justice James Wilson’s jurisprudence of common sense in order to illustrate the dangers of deciding difficult Supreme Court cases with recourse to unconventional, extra-legal tools.


Different Endings: Lethal Injection, Animal Euthanasia, Humane Slaughter, And Unregulated Slaugter, Jeff Welty Aug 2010

Different Endings: Lethal Injection, Animal Euthanasia, Humane Slaughter, And Unregulated Slaugter, Jeff Welty

Golden Gate University Environmental Law Journal

This Article compares the laws and regulations that govern the termination of life in several contexts: lethal injection of condemned inmates; the euthanasia of companion animals; the slaughter of farmed animals covered by the Humane Methods of Slaughter Act; and the slaughter of farmed and other animals not covered by the Act.


Birdstrike Mitigation - Beyond The Airport, Paul Eschenfelder, Russ Defusco Aug 2010

Birdstrike Mitigation - Beyond The Airport, Paul Eschenfelder, Russ Defusco

Paul F. Eschenfelder

No abstract provided.


Animal-Human Relationships In Child Protective Services: Getting A Baseline, Lisa Anne Zilney, Christina Risley-Curtiss, Rebecca Hornung Jul 2010

Animal-Human Relationships In Child Protective Services: Getting A Baseline, Lisa Anne Zilney, Christina Risley-Curtiss, Rebecca Hornung

Department of Justice Studies Faculty Scholarship and Creative Works

The inclusion of certain aspects of animal-human relationships (AHR), such as animal abuse and animal-assisted interventions, can enhance child welfare practice and there are resources available to promote such inclusion. However, there is little knowledge of whether this is being accomplished. This study sought to fill this gap by conducting a national survey of state public child welfare agencies to examine AHR in child protective services practice, their assessment tools, and cross-reporting policies.


Letter To Faa Administrator Re: Usair 1549 Crash, Paul F. Eschenfelder, Russell P. Defusco Phd, Richard Sowden Jun 2010

Letter To Faa Administrator Re: Usair 1549 Crash, Paul F. Eschenfelder, Russell P. Defusco Phd, Richard Sowden

Paul F. Eschenfelder

No abstract provided.


Conservation Value Of Residential Open Space: Designation And Management Language Of Florida’S Land Development Regulations, Dara M. Wald May 2010

Conservation Value Of Residential Open Space: Designation And Management Language Of Florida’S Land Development Regulations, Dara M. Wald

Dara Wald

The conservation value of open space depends upon the quantity and quality of the area protected, as well as how it is designed and managed. This study reports the results of a content analysis of Florida county Land Development Regulations. Codes were reviewed to determine the amount of open space required, how open space is protected during construction, the delegation of responsibilities, and the designation of funds for management. Definitions of open space varied dramatically across the state. Most county codes provided inadequate descriptions of management recommendations, which could lead to a decline in the conservation value of the protected ...


Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor Apr 2010

Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor

Pell Scholars and Senior Theses

Poaching and animal trafficking is a global issue in the areas of biology, morality and politics. This paper will discuss the different areas of impact as well as consider options for the prevention and alleviation of this issue.


Whales: Their Emerging Right To Life, Anthony D'Amato, Sudhir K. Chopra Jan 2010

Whales: Their Emerging Right To Life, Anthony D'Amato, Sudhir K. Chopra

Faculty Working Papers

We have contended in this article that the evolution of the opinio juris of nations has encompassed five, and perhaps six, inexorable qualitative stages: free resource, regulation, conservation, protection, preservation and entitlement. We have argued that assigning whales an entitlement to life is the consequence of an emerging humanist right in international law — an example of the merging of the "is" and the "ought" of the law in the process of legitimization


Wildlife Rights, David Favre Jan 2010

Wildlife Rights, David Favre

David Favre

Abstract: This article begins by briefly exploring the extent to which wildlife, historically and presently, have a place within our society, culture and legal system. Then, building upon the reality that wildlife, like humans, have personal interests in living their individual lives, suggests five principles for developing laws and programs to better accommodate wildlife interests in the legal system. Individuals, species and geographic groups are presented as focus points for thinking about wildlife interests. Additionally, the three possibilities of who should be the plaintiff for asserting wildlife rights are described: government, private parties and the wildlife themselves. Finally, the article ...


Valuing Having Children, Carter Dillard Jan 2010

Valuing Having Children, Carter Dillard

Carter Dillard

Are there objective values on which to base the claim of a right to procreate? Can we articulate reasons for having children so powerful that they justify our doing so, as a matter of right, even where it would conflict with the interests and values of others? This Article systematically and critically examines many of the values that, before now, courts and commentators have simply presumed and relied upon when making the claim that there is and ought to be a fundamental right to have children. This Article first develops a methodology for examining the values and interests on which ...


Future Children As Property, Carter Dillard Jan 2010

Future Children As Property, Carter Dillard

Carter Dillard

Between Skinner v. Oklahoma and the advent of modern substantive due process, procreation, at least in the eyes of many courts and commentators, became entrenched as a fundamental, if not absolute, right. And yet ironically, the establishment of this right, often taken as symbolic of personal liberty, has diminished autonomy for those persons inevitably caught on the other end of it – our future children. Expanding procreative autonomy has diminished public norms that might otherwise ensure that future children are born into circumstances that also expand their autonomy. Instead, the broad, modern, privacy-based version of the right to procreate leaves the ...


Antecedent Law: The Law Of People Making, Carter Dillard Jan 2010

Antecedent Law: The Law Of People Making, Carter Dillard

Carter Dillard

In our conception of law we have largely presumed the process by which the people whose behavior the law is meant to regulate come to be present and susceptible to the law's influence. As a result, that process is largely outside of our account of the law, and any role the law might have over the matter is relatively ignored. This article introduces a simple and concrete conceptual device, a form of law called antecedent law, which seeks to undo this presumption and refocus our attention on that which can determine the presence of persons in the polity and ...


Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima Jan 2010

Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima

Great Plains Quarterly

In North America, building fences was an essential part of life for the English settlers from the beginning. Departing from the English common law rule that required owners to fence in their cattle, nearly all the colonial legislatures and courts imposed upon landowners a duty to fence their property against trespassing cattle.l The reasons were partly to increase the meager supply of livestock by permitting cattle to wander about in order to breed faster and partly to make full use of the vast virgin forest and grassland. Gradually, however, in New England and in much of New York and ...


What Is The Scope Of The Duty To Provide Veterinary Care?, Susan J. Hankin Jan 2010

What Is The Scope Of The Duty To Provide Veterinary Care?, Susan J. Hankin

Faculty Scholarship

State criminal laws prohibiting cruelty to animals -- which includes both abuse and neglect -- have provided the primary means through which our legal system has protected animals. In some states, including Maryland, Virginia, and the District of Columbia, these laws include explicit provisions that require owners to provide their animals with veterinary care. In other jurisdictions, such a duty has been implied from more general anti-cruelty language. None of these laws, however, make clear what level of care is required. They also leave unanswered the question of whether the treatment choices of owners who do seek care for an animal can ...


Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss Jan 2010

Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss

Law Faculty Publications

This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.

Note from Author: After the publication of this article, in July 2010, final regulations for the ADA were released. These final regulations can be found at 75 Fed. Reg. 56164 (Sept. 15, 2010) (applying to state ...


All Dogs Go To Heaven... Or Divorce Court: New Jersey Unleashes A Subjective Value Consideration To Resolve Pet Custody Litigation In Houseman V. Dare, Eric Kotloff Jan 2010

All Dogs Go To Heaven... Or Divorce Court: New Jersey Unleashes A Subjective Value Consideration To Resolve Pet Custody Litigation In Houseman V. Dare, Eric Kotloff

Villanova Law Review

No abstract provided.


Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey Jan 2010

Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey

Villanova Environmental Law Journal

No abstract provided.


Animal Law - When Dogs Bite: A Fair, Effective, And Comprehensive Solution To The Contemporary Problem Of Dog Attacks, Jonathan R. Shulan Jan 2010

Animal Law - When Dogs Bite: A Fair, Effective, And Comprehensive Solution To The Contemporary Problem Of Dog Attacks, Jonathan R. Shulan

University of Arkansas at Little Rock Law Review

No abstract provided.


Abuse Under The Big Top: Seeking Legal Protection For Circus Elephants After Aspca V. Ringling Brothers, Emily A. Beverage Jan 2010

Abuse Under The Big Top: Seeking Legal Protection For Circus Elephants After Aspca V. Ringling Brothers, Emily A. Beverage

Vanderbilt Journal of Entertainment & Technology Law

The Asian elephants featured in the Ringling Brothers and Barnum & Bailey Circus are theoretically guaranteed humane treatment by the Animal Welfare Act, which ostensibly protects animals in exhibition, and by the Endangered Species Act, which covers the treatment of animals designated endangered species, including Asian elephants. Nevertheless, circus elephants have suffered extensive abuse because the agencies responsible for implementing the laws--the United States Departments of Agriculture and the Interior, respectively--have not done so aggressively, and because animal advocates have been unable to compel their enforcement or to establish standing to sue private parties. In 2000, animal welfare organizations, including the ...


Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate Jan 2010

Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate

Journal Publications

or several decades, and in a variety of contexts, national security and environmental protection interests have clashed. Balancing these competing concerns is a challenging task. However, in the wake of the tragic events of September 11, 2001, the U.S. government “drastically changed its approach to how it handled important environmental concerns in relation to national
defense issues."

The most common manifestation of the tensions between national security and environmental protection objectives is the Navy’s use of sonar in U.S. waters. The oceans that surround the United States on both coasts provide the U.S. Navy with an ...


Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener Jan 2010

Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Protecting Cats And Dogs In Order To Protect Humans: Making The Case For A Felony Companion Animal Statute In Mississippi, Deborah Challener Jan 2010

Protecting Cats And Dogs In Order To Protect Humans: Making The Case For A Felony Companion Animal Statute In Mississippi, Deborah Challener

Journal Articles

During the 2010 session of the Mississippi legislature, Senator Billy Hewes (R-Gulfport) introduced Senate Bill No. 2623 which, inter alia, made it a felony to "with malice torture, mutilate, maim, burn, starve, disfigure or kill any domesticated dog or cat." The penalty for a conviction under the proposed companion animal statute was one to five years in prison and a fine of $1500 to $10,000. Senate Bill No. 2623 passed the Senate but failed in the House, largely because the Mississippi Farm Bureau Federation argued that it would be harmful to Mississippi's farming industry. This objection, along with ...


The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes Jan 2010

The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes

UIC Law Review

No abstract provided.


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.


Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel Jan 2010

Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel

Publications

In Simpson v. City of Los Angeles, resident taxpayers who owned licensed dogs who had recently gone astray sought to restrain the enforcement of a city ordinance. Los Angeles Municipal Code section 53.11 (h) allowed the city to surrender for medical research dogs that had been impounded for a period of at least five days. Subsection (h) of the ordinance did not contain any provision for notice to the owner of the impounded dog. As a result, plaintiffs contended that the ordinance was invalid because it constituted an unlawful taking of private property.


The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman Jan 2010

The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman

Articles by Maurer Faculty

Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of ...


Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass Jan 2010

Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass

West Virginia Law Review

No abstract provided.