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Articles 1 - 14 of 14
Full-Text Articles in Law
Animal-Human Relationships In Child Protective Services: Getting A Baseline, Lisa Anne Zilney, Christina Risley-Curtiss, Rebecca Hornung
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.
Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor
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.
Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate
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 indispensable buffer zone in …
Whales: Their Emerging Right To Life, Anthony D'Amato, Sudhir K. Chopra
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
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
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 …
Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel
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.
With A Little Help From My Friends: The Attorney's Role In Assisting Pro Se Litigants In Negotiations, Lynn A. Epstein
With A Little Help From My Friends: The Attorney's Role In Assisting Pro Se Litigants In Negotiations, Lynn A. Epstein
Faculty Scholarship
In these difficult economic times, more litigants are attempting to handle their lawsuits without hiring attorneys. Even without seeking formal representation, these pro se litigants may want some assistance from attorneys. This advice seeking may be especially prevalent in the area ofnegotiation where no formalized procedures are in place but where the consequences of an inadequate settlement are disastrous for the self-represented Attorneys may want to assist pro se litigants in their negotiations but feel reluctant to do soforfear of triggering an attorney-client relationship and its accompanying malpractice exposure. Attorneys who are reluctant to give informal advice to pro se …
What Is The Scope Of The Duty To Provide Veterinary Care?, Susan J. Hankin
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 …
Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima
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 New …
Conservation-Reliant Species And The Future Of Conservation, Dale Goble
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 …
Protecting Cats And Dogs In Order To Protect Humans: Making The Case For A Felony Companion Animal Statute In Mississippi, Deborah Challener
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 others …
A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble
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
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.
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman
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 …