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Full-Text Articles in Law

Refining The Precautionary Framework, Jonathan Birch Jan 2017

Refining The Precautionary Framework, Jonathan Birch

Animal Sentience

Most of the commentators so far agree that the precautionary principle can be usefully applied to the question of animal sentience. I consider various ways of refining my proposals in light of the suggestions. I amend BAR to implement C. Brown’s suggestion that the scope of animal welfare law should be extensible by phylogenetic inference from orders in which credible indicators of sentience are found. In response to C. Brown, Mallatt, and Woodruff, I amend ACT to allow that a single credible indicator may sometimes call for urgent further investigation rather than immediate protection. In response …


Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc Jan 2017

Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc

Animal Law Review

No abstract provided.


Red Wolf Coalition V. North Carolina Wildlife Resources Commission: Better Red Than Dead, Edward A. Fitzgerald Jan 2017

Red Wolf Coalition V. North Carolina Wildlife Resources Commission: Better Red Than Dead, Edward A. Fitzgerald

Animal Law Review

This Article demonstrates how federal district court decisions have protected the threatened red wolf. The history of red wolf introduction and the Fourth Circuit decision in Gibbs v. Babbitt are reviewed. In 2012, North Carolina allowed coyote hunting in the red wolf recovery area. The District Court for the Eastern District of North Carolina correctly issued an injunction stop­ping the action. The court held North Carolina set in motion events that led to the killing of red wolves and violated federal regulations regarding the taking of red wolves. The resulting settlement agreement precluded state interference with red wolf recovery. Genetic …


Telling Tails: The Promises And Pitfalls Of Language And Narratives In Animal Advocacy Efforts, Angela Lee Jan 2017

Telling Tails: The Promises And Pitfalls Of Language And Narratives In Animal Advocacy Efforts, Angela Lee

Animal Law Review

Using a feminist theoretical perspective and drawing on exam­ples from Canada and the United States, this Article considers the promises and pitfalls of language and narrative in the con­text of animal advocacy efforts. Because the animal advocacy movement faces an uphill battle on a number of fronts, leverag­ing language and narrative more conscientiously can help en­hance its success. Elucidating the equivocal nature of the premises on which our current social and legal conceptualiza­tion of nonhuman animals lies can prompt a shift in the domi­nant modes of thjnking about nonhuman animals, thereby stimulating meaningful change in their treatment. However, it is …