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Articles 1 - 11 of 11
Full-Text Articles in Law
Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara
Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara
University of Miami Race & Social Justice Law Review
The carceral state has used non–human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non–consenting non–human animals have been coopted into the role of agents of oppression. Yet, the same non– human animals are themselves routinely brutalized and oppressed by the carceral state. Police kill several thousands of family’s companion dogs every year in the United States. Law enforcement agencies train animals …
The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco
The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco
Dickinson Law Review (2017-Present)
Dramatic changes in the agricultural industry over the last century have led to the rise of concentrated animal feeding operations– industrial facilities that raise a large number of animals in confined spaces. Animals raised in these facilities suffer from poor quality of life and abuse. For humans, these facilities have had adverse effects on the environment and public health, but they are also associated with high productivity and low food costs. This Comment analyzes the effects of concentrated animal feeding operations on animal well-being, the environment, and public health. This Comment also analyzes current federal legislation that helps combat the …
Animals As Legal Beings: Contesting Anthropocentric Legal Orders, By Maneesha Deckha, Jodi Lazare
Animals As Legal Beings: Contesting Anthropocentric Legal Orders, By Maneesha Deckha, Jodi Lazare
Articles, Book Chapters, & Popular Press
Scholarship on animal rights has long been dominated by the widely held idea that justice for nonhuman animals will not be achieved until they are granted legal personhood. In Animals as Legal Beings: Contesting Anthropocentric Legal Orders, Maneesha Deckha provides an alternative legal classification for nonhuman animals. “Beingness,” rooted in relational feminism, post-colonial theory, and critical animal studies, recognizes nonhuman animals’ inherent value, while avoiding some of the downsides to legal personhood, namely, its embeddedness in the imperialist liberal individualism that characterizes western legal systems. Given its anthropocentric nature, personhood must be displaced as the aspirational classification for animals. …
Carceral Progressivism And Animal Victims, Benjamin Levin
Carceral Progressivism And Animal Victims, Benjamin Levin
Scholarship@WashULaw
This chapter places the criminalization of harm to non-human animals within a larger context of left and progressive efforts to use criminal law to address social problems. This chapter treats the animal welfare movement’s turn to criminal legal solutions as a case study of the broader phenomenon of “carceral progressivism.” Specifically, the chapter identifies this case study as reflecting two particularly common features of left or progressive criminalization projects: (1) the presence of a particularly vulnerable class of victims; and (2) the claim that criminal law can send a message about society’s respect for that class of victims and condemnation …
Colb And Dorf On Abortion And Animal Rights, Mylan Engel Jr.
Colb And Dorf On Abortion And Animal Rights, Mylan Engel Jr.
Between the Species
In their recent book, Sherry Colb and Michael Dorf defend the following ethical theses: (1) sentience is sufficient for possessing the right not to be harmed and the right not to be killed; (2) killing sentient animals for food is almost always seriously wrong; (3) aborting pre-sentient fetuses raises no moral concerns at all; and (4) aborting sentient fetuses is wrong absent a reason weighty enough to justify killing the fetus. They also discuss strategies and tactics for activists: They oppose the use of graphic images by activists on tactical grounds, and they categorically oppose the use of violence by …
Animal Rights Unraveled: Why Abolitionism Collapses Into Welfarism And What It Means For Animal Ethics, Luis E. Chiesa
Animal Rights Unraveled: Why Abolitionism Collapses Into Welfarism And What It Means For Animal Ethics, Luis E. Chiesa
Journal Articles
Most people support laws that seek to reduce the suffering of animals. Yet animal cruelty statutes and other kinds of animal welfare laws are under sustained attack by the so-called abolitionists. Animal rights abolitionists claim that it is categorically wrong to treat animals as commodities, and animal welfare laws should be opposed because they do not alter the property status of animals. Abolitionists also claim that animal welfare regulations do not meaningfully reduce animal suffering. In fact, abolitionists argue that such statutes likely increase future animal suffering, either by delaying the advent of abolition or by soothing the conscience of …
The History Of Animal Welfare Law And The Future Of Animal Rights, Marie Blosh
The History Of Animal Welfare Law And The Future Of Animal Rights, Marie Blosh
Electronic Thesis and Dissertation Repository
Animals were included within the protection of the law in the early nineteenth century. Why have there been so few advances since then? Discussion about this question tends to focus on the moral and legal status of animals. That is undoubtedly an important issue, but it stems from a tradition that looks for the singular trait that distinguishes humans from all other animals. This thesis uses an historical approach to explore the tension between the humane impulse to alleviate animal suffering and the sense of human superiority that permits animal exploitation. The conclusion is that animal rights theory could build …
The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook
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.
The Game Is Afoot: Constitutionalizing The Right To Hunt And Fish In The Tennessee Constitution, Jeffrey Omar Usman
The Game Is Afoot: Constitutionalizing The Right To Hunt And Fish In The Tennessee Constitution, Jeffrey Omar Usman
Law Faculty Scholarship
The normative role of state constitutions, which are simultaneously paramount state law and inferior to the whims of even the most minor federal regulation, is a matter of some uncertainty. In recent years, state constitutions have been significantly affected by another wave of popular constitutionalism. As part of this movement, since 1996, seven states have adopted constitutional provisions guaranteeing a right to hunt and fish. This article explores the constitutionalization of hunting and fishing rights under state constitutions. It begins by tracing hunting and fishing rights through western legal history with a special emphasis on Ancient Rome, England, and the …
Anti-Horse Slaughter Legislation: Bad For Horses, Bad For Society, Laura J. Durfee
Anti-Horse Slaughter Legislation: Bad For Horses, Bad For Society, Laura J. Durfee
Indiana Law Journal
No abstract provided.
In The Valley Of The Dry Bones: Reuniting The Word "Standing" With Its Meaning In Animal Cases, Elizabeth L. Decoux
In The Valley Of The Dry Bones: Reuniting The Word "Standing" With Its Meaning In Animal Cases, Elizabeth L. Decoux
William & Mary Environmental Law and Policy Review
No abstract provided.