Law Commons^™

Visionary Thinker And Wordsmith Par Excellence, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

I was part of a small cohort of Native students, thrilled at the possibility of studying with a man we affectionately, and with some trepidation, referred to as "the Godfather" of Indian politics, policy and law. We called ourselves "Vine's Disciples," not because he was a religious figure, but because we sensed that in having the privilege and opportunity studying with the individual we all considered the most gifted of our time, that we would receive profound lessons in what was required of us as we sought to become active and informed defenders of indigenous nationhood.

What an influence he …

Screening The Law: Ideology And Law In American Popular Culture, Naomi Mezey, Mark C. Niles

Georgetown Law Faculty Publications and Other Works

This Article is an attempt to think critically about the pop cultural life of law, to investigate the legal and ideological messages that cultural images of law bear, and to explore how, why and to what extent television and film differ in their portrayals of law. While many legal scholars have addressed the legal content of popular culture in recent years, few have explored the field expansively or interrogated the significant differences in the images of law and legal institutions produced in the different popular media. Some scholars have traced one legal theme through popular culture generally, others have focused …

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Macload Hemingway

Scholarly Works

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …

Law And Public Policy: Future Directions For The Animal Protection Movement, Wayne Pacelle

Animal Law Review

No abstract provided.

Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff

Animal Law Review

In 1999, New Zealand took an ambitious step to update its animal welfare legislation. The new law included a limited provision to protect Great Apes from scientific experimentation that was heralded internationally as a huge step forward for animals. The Author suggests, however, that New Zealand’s other animals have not fared nearly as well under the new law, and that the notion of New Zealand as the “animal friendly” nation implied by its treatment of primates is more about perception than reality. This article explores the New Zealand experience, and suggests lessons that can be drawn from the modernization of …

Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.

Animal Law Review

North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.

No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss

Animal Law Review

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.

State Animal Protection Laws -- The Next Generation, Stephan K. Otto

Animal Law Review

A vast increase in animal protection laws during the past decade has changed the legal landscape of animal law. The current generation of such laws includes more inventive and effective provisions, but more could be done. This article reviews the current laws of states across the country and proposes a number of specific provisions that would improve the force and effect of animal protection legislation. The Author’s goal is to identify pragmatic ways in which to make animals the most statutorily protected type of property in our country.

Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood

Animal Law Review

Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarder, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports.

International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash

Animal Law Review

The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving …

Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma

Animal Law Review

The People’s Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China’s legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.

Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore

Animal Law Review

The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.

Can The Injured Pet Owner Look To Liability Insurance For Satisfaction Of A Judgment? The Coverage Implications Of Damages For The Injury Or Death Of A Companion Animal, Mark Sadler

Animal Law Review

Much has been written in recent years regarding the important role pets play in our society and the legal consequences that have developed from that relationship. Both our courts and legislatures have recognized, in certain circumstances, the ability of a pet owner to recover from a wrongdoer in the event of negligent or intentional conduct that results in the death or injury of a companion animal. However, securing a damages award and recovering on a judgment secured may present the aggrieved pet owner with two entirely different challenges. Liability insurance coverage is critical to the latter concern. This paper provides …

A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore

Animal Law Review

No abstract provided.

2004 Legislative Review, Joshua D. Hodes

Animal Law Review

No abstract provided.

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, Table of Contents, and advisors for Animal Law Review Vol. 12, Issue 1.

Animal Welfare: Its Place In Legislation, Christopher Shays

Animal Law Review

No abstract provided.

Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman

Animal Law Review

Although all states outlaw cruelty to companion animals, most jurisdictions only prohibit causing unnecessary suffering as well as failure to provide food, water, and shelter. They do not address whether owners must obtain veterinary care. Even the few statutes that mention such treatment do not define exactly what kind and how much is required. This article highlights the deficiencies in these laws. It argues that keeping pets creates an obligation to get them medical treatment when they are sick or injured and also explains why such a duty is necessary. In addition, it proposes uniform legislation that creates an explicit …

Looking For A Nexus Between Trust, Compassion, And Regulation: Colorado's Search For Standards Of Care For Private, Non-Profit Wildlife Sanctuaries, Katherine A. Burke

Animal Law Review

In 2004, the Colorado legislature amended its wildlife statutes, formally recognizing the existence of private, nonprofit wildlife sanctuaries under the jurisdiction of the Colorado Division of Wildlife (CDOW). Opponents to the 2004 amendments and CDOW staff have repeatedly expressed concerns that private sanctuaries should not be authorized in the absence of regulations and enforcement mechanisms sufficient to protect the animals and the people who come into contact with them. In implementing the sanctuary statute, CDOW has followed a familiar pattern, relying on the accreditation program of the American Association of Zoological Parks and Aquariums (AZA) to provide the basis of …

Reparations As A Basis For The Makah's Right To Whale, Russell C. D'Costa

Animal Law Review

The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United States government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts by the federal government to compensate Native Americans for past wrongs. Next, an examination of the history and culture of the Makah tribe provides a greater understanding of the significance of whaling to the Makah. The essay then expounds on why permitting …

Maximizing Scientific Integrity In Environmental Regulations: The Need For Congress To Provide Guidance When Scientific Methods Are Inadequate Or When Data Is Inconclusive, Mariyetta Meyers

Animal Law Review

A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. The courts’ review of the agency decisions based on such science largely depends on the various ways in which the “best science available” directive is written in the particular statute. That is, the more specific the congressional mandate, the less latitude the agency has in implementing congressional will; the broader the statutory language, the more breathing space the …

Response To Endicott: The Case Of The Wise Electrician, Gerard V. Bradley

Journal Articles

Timothy Endicott tells the tale of the "wise electrician." The main activities of the Wise Electrician are two. One is that he installs legally required Grade 5 insulation in everyone's home save one. The second is that on his own ceiling light circuits he uses Grade 4 insulation, which cheaper to acquire and, in his professional judgment, it is safe. In fact, the Wise Electrician would install Grade 4 in those houses, too, but for one fact: it would be illegal. What makes our man so interesting is that it is illegal to install Grade 4 in his house too. …

European Principles Governing National Administrative Proceedings, Claudio Franchini

Law and Contemporary Problems

It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.

The Proceedings Of The European Ombudsman, Simone Cadeddu

Law and Contemporary Problems

Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.

Forms Of European Administrative Action, Mario P. Chiti

Law and Contemporary Problems

Chiti examines the various forms of European administration and their associated administrative law systems. Chiti recounts the history of administration and of administrative law in the European Community, examines the main types of administrative action in the Community, and highlights the novel elements and the shortcomings of European administrative law today.

Four Ways To Better 1l Assessments, Ron M. Aizen

Duke Law Journal

No abstract provided.

The Bright Future Of Gay Marriage, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Nova Southeastern Lawyer, Fall 2004, Volume 12, Number 5, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Law Student Field Projects In Community Law, Fran Ansley

Scholarly Works

An online teaching and learning portfolio.

Democracy And The Dominance Of Delaware In Corporate Law, Kent Greenfield

Law and Contemporary Problems

Delaware has a population less than one-third of one percent of the nation, but it is the state of incorporation for more than fifty percent of US public companies and more than sixty percent of the Fortune 500. Delaware's resulting dominance over the terms of corporate governance in the US has been the subject of one of the grandest debates within corporate law scholarship.