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2017

Animal Law

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Full-Text Articles in Law

Legislating Components Of A Humane City: The Economic Impacts Of The Austin, Texas "No Kill" Resolution (City Of Austin Resolution 20091105-040), Sloane Hawes, Devrim Ikizler, Katy Loughney, Philip Tedeschi, Kevin Morris Oct 2017

Legislating Components Of A Humane City: The Economic Impacts Of The Austin, Texas "No Kill" Resolution (City Of Austin Resolution 20091105-040), Sloane Hawes, Devrim Ikizler, Katy Loughney, Philip Tedeschi, Kevin Morris

Animal Law and Legislation Collection

This report investigates and measures the economic impacts of the City of Austin Resolution 20091105-040, commonly referred to as the “No Kill” resolution, utilizing standard impact assessment methodology. Resolution 20091105-040 resulted in the implementation of a series of recommendations that included achieving and maintaining a 90% Live Release Rate for all companion animals housed at the City of Austin’s municipal animal shelter.

In addition to exploring the specific economic impacts of Resolution 20091105- 040, this report also outlines, but does not quantify, the potential broader impacts of the Resolution on human, animal, and environmental health. These areas of impact ...


"Fowl" Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith Oct 2017

"Fowl" Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith

Alumni Works

Chickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products.


Chimpanzees In Court: Limited Legal Personhood Recognition For Standing To Challenge Captivity And Abuse, Davidson Anestal Oct 2017

Chimpanzees In Court: Limited Legal Personhood Recognition For Standing To Challenge Captivity And Abuse, Davidson Anestal

Alumni Works

No abstract provided.


Connexion: A Note On Praxis For Animal Advocates, John Enman-Beech Oct 2017

Connexion: A Note On Praxis For Animal Advocates, John Enman-Beech

Dalhousie Law Journal

Effective animal advocacy requires human-animal connexion. I apply a relational approach to unfold this insight into a praxis for animal advocates. Connexion grounds the affective relationships that so often motivate animal advocates. More importantly, it enables animal agency, the ability of animals to act and communicate in ways humans can experience and respond to. With connexion in mind, some weaknesses of previous reform efforts become apparent. I join these in the slogan "abolitionismas disconnexion." In so far as abolitionism draws humans and animals apart, it undermines the movement's social basis, limits its imaginative resources, and deprives animals of a ...


Fish And Wildlife Management On Federal Lands: Debunking State Supremacy, Sandra B. Zellmer, Martin Nie, Christopher Barnes, Jonathan Haber, Julie Joly, Kenneth Pitt Oct 2017

Fish And Wildlife Management On Federal Lands: Debunking State Supremacy, Sandra B. Zellmer, Martin Nie, Christopher Barnes, Jonathan Haber, Julie Joly, Kenneth Pitt

Faculty Law Review Articles

This Article reviews the authority of federal and state governments to manage wildlife on federal lands. It first describes the most common assertions made by state governments regarding state powers over wildlife and then analyzes the relevant powers and limitations of the United States Constitution and federal land laws, regulations, and polices. Wildlife-specific provisions applicable within the National Park System, National Wildlife Refuge System, National Forest System, Bureau of Land Management, the special case of Alaska, and the National Wilderness Preservation System are covered, as is the Endangered Species Act. We reviewed an extensive collection of cases of conflict between ...


Center For Biological Diversity V. Jewell, Lowell J. Chandler Sep 2017

Center For Biological Diversity V. Jewell, Lowell J. Chandler

Public Land & Resources Law Review

The ESA protects threatened or endangered species, and species likely to become threatened or endangered within the foreseeable future, throughout all or a significant portion of their range. In Center for Biological Diversity v. Jewell, the United States District Court for the District of Arizona overturned a Fish and Wildlife Service policy defining the significant portion of range language in the ESA. The policy interpretation limited ESA protections to apply only when a species faced risk of extinction throughout its entire range. The court deemed this policy impermissible because it effectively rendered the significant portion of range language meaningless. The ...


Getting Under Fido's Skin: Analyzing The Objections To Mandatory Pet Microchipping Laws, Stephen D. Lott Sep 2017

Getting Under Fido's Skin: Analyzing The Objections To Mandatory Pet Microchipping Laws, Stephen D. Lott

Oklahoma Journal of Law and Technology

No abstract provided.


Animal Euthanasia: Detailed Discussion, Alexandra Kleinfeldt Sep 2017

Animal Euthanasia: Detailed Discussion, Alexandra Kleinfeldt

Student Works

No abstract provided.


The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D. Aug 2017

The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D.

Environmental and Earth Law Journal (EELJ)

Expanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations.


The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos Aug 2017

The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman Aug 2017

Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman

Environmental and Earth Law Journal (EELJ)

No abstract provided.


An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish Aug 2017

An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Clean Power Plan, Janice Chon Aug 2017

Clean Power Plan, Janice Chon

Environmental and Earth Law Journal (EELJ)

No abstract provided.


It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman Aug 2017

It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman

Environmental and Earth Law Journal (EELJ)

What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that is ...


Safe Haven Conundrum: The Use Of Special Bailments To Keep Pets Out Of Violent Households Aug 2017

Safe Haven Conundrum: The Use Of Special Bailments To Keep Pets Out Of Violent Households

Tennessee Journal of Law and Policy

No abstract provided.


Adverse Modification Of The Endangered Species Act: Regulatory Impediment Or Tool?, Chuckie Sullivan Jun 2017

Adverse Modification Of The Endangered Species Act: Regulatory Impediment Or Tool?, Chuckie Sullivan

University of Massachusetts Law Review

In the past, the agencies charged with the implementation of the Endangered Species Act have shirked invoking the full range of regulatory tools at their disposal. They altered the structure of the Act in violation of Congressionally-granted authority to better accommodate both developmental and conservation interests. After a string of critical judicial decisions, the Services finally changed their implementation of the Act to parallel the protections envisioned by Congress. Though these changes will shift strength between provisions within the Act, they will not drastically alter the status quo by allowing the Services discretion in making judgments regarding the recovery of ...


Preventing A Risk/Risk Trade-Off: An Analysis Of The Measures Necessary To Increase U.S. Pollinator Numbers, Camila Acchiardo Vallejo Jun 2017

Preventing A Risk/Risk Trade-Off: An Analysis Of The Measures Necessary To Increase U.S. Pollinator Numbers, Camila Acchiardo Vallejo

Pace Environmental Law Review

This Note will proceed in four parts. Part II will discuss the importance of pollinators and the possible reasons for their declining numbers. Part III will delve into the current and proposed actions to increase pollinator populations that are taking place in the United States. Part IV will then discuss the generally desired and widely accepted solution: a ban on neonicotinoids. This Part will introduce the implementation and results of a neonicotinoid ban in the European Union, and the risk/risk trade-off presented by a neonicotinoid ban. Finally, Part V will compile the solutions discussed in Parts III and IV ...


Call Me Ishimaru: Independent Enforcement Of International Agreements, John Arnold Jun 2017

Call Me Ishimaru: Independent Enforcement Of International Agreements, John Arnold

Boston College Environmental Affairs Law Review

International law does not provide an adequate enforcement mechanism against illegal whaling. The Japanese government claims that its whaling practice falls within the scientific research exception of an international moratorium on commercial whaling. Despite an International Court of Justice ruling finding that its practice does not fall within this exception, Japan has continued to kill thousands of whales each year with no effective opposition. The area in which this whaling occurs, however, falls outside the jurisdiction of any nation. Although the United Nations Security Council has the authority to act, the delicate nature of international diplomacy effectively ties its members ...


Bigger Than Blackfish: Lessons From Captive Orcas Demonstrate A Larger Problem With Animal Welfare Laws, Kaitlin Vigars Jun 2017

Bigger Than Blackfish: Lessons From Captive Orcas Demonstrate A Larger Problem With Animal Welfare Laws, Kaitlin Vigars

Boston College Environmental Affairs Law Review

Recently, increased attention to the care that captive orcas receive at marine life parks has sparked a call for reform of the public display industry. In the face of this public outcry the nation’s leading marine life park, SeaWorld, recently announced a shift in company policy that will eventually end the practice of holding orcas in captivity. This, though, does not signal the end of problem. Many other animals face problems that are analogous to the exact issues that sparked change for captive orcas. This note will argue that broad reform of captivity standards are necessary and should include ...


Policy Preference: An Unreasonable Means To Advance Moot Claims Under The Endangered Species Act, Molly Mcgrath Jun 2017

Policy Preference: An Unreasonable Means To Advance Moot Claims Under The Endangered Species Act, Molly Mcgrath

Boston College Environmental Affairs Law Review

Citizen plaintiffs play a vital role in the enforcement of the Endangered Species Act (“ESA”). In Strahan v. Roughead, the United States District Court for the District of Massachusetts opened the possibility for expansion of a citizen’s ability to impose its own policy preference upon federal agencies working to comply with their statutory requirements under the ESA. Although the District Court properly denied the defendant’s motion to dismiss on the basis of mootness, it erred in its rationale. A plaintiff’s claim under the ESA may survive a mootness challenge, even after the violating agency has reinitiated consultation ...


Zuchtvieh-Export Gmbh V. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation And Territorial Sovereignty, David Mahoney May 2017

Zuchtvieh-Export Gmbh V. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation And Territorial Sovereignty, David Mahoney

Boston College International and Comparative Law Review

In Zuchtvieh-Export GmbH v. Stadt Kempten, the European Court of Justice ruled that a European Council regulation that protects animal welfare during transport applies to the stages of a journey outside of the European Union (EU), if that journey commenced within the EU. This ruling by the European Court of Justice has been praised as it improves animal transport conditions outside of the EU. However, transport companies and governments outside of the EU are less welcoming of the ruling. The ruling highlights the difficulty in determining when and how such a regulation should be applied abroad. It also raises the ...


Defenders Of Wildlife V. Zinke, Jacob R. Schwaller May 2017

Defenders Of Wildlife V. Zinke, Jacob R. Schwaller

Public Land & Resources Law Review

Wyoming was the final holdout of protections for wolves under the Endangered Species Act, and a recent decision by the United States Circuit for the District of Columbia has finally overturned those protections. After years of court battles, this decision marks the final adjudication removing federal protections, and places the management of the wolves in the Greater Yellowstone Area back in the hands of the states surrounding Yellowstone National Park. Complete deference to state regulatory systems may be a new trend in the adjudication of cases under the ESA, and this case could have significant impacts on future deference given ...


Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis Apr 2017

Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis

Pace Environmental Law Review

In June 1995, the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was adopted, and this instrument remains the only legally binding waterbird Agreement in the CMS Family. However, while AEWA has been lauded as a very promising instrument, the concern has also been raised that the Agreement “has a large potential scope for the duplication of obligations, especially with regard to the protection of wetland habitats, given the operation of the Ramsar Convention”. The existing literature thus recognizes that overlap between AEWA and the Ramsar Convention is potentially problematic. It fails, however, to provide a detailed analysis of ...


The Continuing Saga Of Wild Horse Management: Finding A Balance In The Case Of One Of America’S Iconic Symbols, Elspeth Visser Apr 2017

The Continuing Saga Of Wild Horse Management: Finding A Balance In The Case Of One Of America’S Iconic Symbols, Elspeth Visser

William & Mary Environmental Law and Policy Review

No abstract provided.


Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg Apr 2017

Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg

William & Mary Environmental Law and Policy Review

No abstract provided.


Preempting Humanity: Why National Meat Ass'n V. Harris Answered The Wrong Question, Pamela Vesilind Apr 2017

Preempting Humanity: Why National Meat Ass'n V. Harris Answered The Wrong Question, Pamela Vesilind

Maine Law Review

The 2011-12 Supreme Court term was notable for high profile cases about state undocumented immigrant law, GPS-enabled police searches,chronic liars claiming military honors, and the constitutionality of the Affordable Health Care Act. As such, it is unsurprising that the decision in National Meat Ass’n v. Harris,notable for its unanimity and matter-of-fact concision, received relatively little attention from the media or the academy. Nevertheless, National Meat is a bellwether federalism opinion, the significance of which has been widely overlooked. At first blush, the legal question in National Meat appeared to be relatively unremarkable: whether the USDA’s slaughterhouse ...


When Fox And Hound Legislate The Hen House: A Nixon-In-China Moment For National Egg-Laying Standards?, Lucinda Valero, Will Rhee Apr 2017

When Fox And Hound Legislate The Hen House: A Nixon-In-China Moment For National Egg-Laying Standards?, Lucinda Valero, Will Rhee

Maine Law Review

It is no secret that the vast majority of American eat animals and animal products. Because of the popularity of animals and animal products as food, “foxes”—agricultural producers—have long struggled against “hounds”—animal welfare advocacy groups—to influence the popular American appetite. This essay focuses upon one such fox, the United Egg Producers (UEP), the nation’s largest egg farmer organization, and one such hound, the Humane Society of the United States (HSUS), the nation’s largest animal advocacy organization. JSUS had already outmaneuvered UEP by successfully swaying popular opinion in California, Michigan, Ohio, Oregon, an Washington to ...


Whatever Happened To The "Frankenfish"?: The Fda's Foot-Dragging On Transgenic Salmon, Lars Noah Apr 2017

Whatever Happened To The "Frankenfish"?: The Fda's Foot-Dragging On Transgenic Salmon, Lars Noah

Maine Law Review

AquaBounty Technologies has genetically modified the Atlantic salmon through the introduction of a growth hormone gene from the Chinook salmon, which allows the fish to reach market size almost twice as quickly as its farmed counterparts. The research began more than two decades ago. The company secured licenses for the patents that emerged out of this research, and its plans to commercialize the transgenic salmons (branded “AquAdvantage”) took shape more than a decade ago. In late 2010, the U.S. Food and Drug Administration (FDA) appeared to be on the verge of authorizing production, but, more than two years later ...


A Blast From The Past: Seismic Airgun Policy And The Need For Reform, Janaye Garrett Apr 2017

A Blast From The Past: Seismic Airgun Policy And The Need For Reform, Janaye Garrett

Florida State University Law Review

No abstract provided.


Social Membership: Animal Law Beyond The Property/Personhood Impasse, Will Kymlicka Apr 2017

Social Membership: Animal Law Beyond The Property/Personhood Impasse, Will Kymlicka

Dalhousie Law Journal

While animal law has been subject to frequent reform in Canada and abroad, the basic legal foundations of animal oppression are largely unchanged. There are many reasons for this impasse, but part of the explanation is that legal reforms are caught in what we might call the property/personhood dilemma. In most legal systems, domesticated animals are defined as property and so long as this remains true, reforms are likely to be marginal and ineffective. However the main alternative-to shift animals from the category of property to personhoodis politically unfeasible, particularly for the domesticated animals who are most intensively exploited ...