Animal Law Commons^™

Animal Law In A Changing (And Challenging) Political Climate: One Professor's Musings After 100 Days Of The Trump Administration, Kathy Hessler

Animal Law Review

This Introduction discusses the current political climate follow­ing the presidential inauguration of Donald J. Trump, with a focus on Trump's first 100 days in office and what his actions entail for animal advocates as well as for the field of animal law. The Introduction approaches the Trump presidency through a historical and practical lens, then scrutinizes the Trump administration's actions through its first 100 days. Fol­lowing this analysis, the Introduction turns to the considerable number of voices that have risen in response to the President's initiatives and to those of his party. This Introduction con­cludes by emphasizing the need for …

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 …

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 …

Animal Welfare Legislation In Taiwan And China: Examining The Problems And Key Issues, Shih-Yun Wu

Animal Law Review

This Article offers an overview and evaluation of Taiwan's and China's draft laws for protecting animals, which were drafted by countries that have not experienced comprehensive animal welfare movements. The Article focuses on interpreting the statutory offenses for cruelty and animal welfare infringe­ments, and the problems and deficiencies of the draft laws' sub­stance and enforcement mechanisms-the most critical factors affecting the effectiveness of the animal protection legislation.

2016 State Legislative Review, Kaci Hohmann

Animal Law Review

No abstract provided.

2016 Federal Legislative Review, Danielle Elefritz

Animal Law Review

Toronto Pig Save and the Save Movement gained worldwide at­tention with the Pig Trial. The defense, with the help of a coali­tion of animal rights groups, was able to put animal agriculture on trial by focusing on the ethics, animal suffering, environ­ment, and health aspects of animal agriculture. Meanwhile, the Save Movement is growing exponentially with 166 groups in seventeen countries bearing witness to animals headed to a slaughterhouse in local communities.

Criminalizing Fake Service Dogs: Helping Or Hurting Legitimate Handlers?, Tiffany Lee

Animal Law Review

An increasing number of states are passing laws criminalizing the use of fraudulent service animals. This Article explores the potential impact of these laws on people with disabilities and the effectiveness of these laws for places of business who want to exclude fraudulent service animals. The Article considers the nature of fraudulent service animal use and the reasons people may use them, the difficulties in enforcing these state laws in light of the Americans with Disabilities Act, and the potential detrimental effects on the civil rights of people with disabilities using legitimate service animals. Based on this analysis, the Article …

"Three Hots And A Cot And A Lot Of Talk": Discussing Federal Rights-Based Avenues For Prisoner Access To Vegan Meals, David B. Rosengard

Animal Law Review

Vegan prisoners face obstacles in accessing meals congruent with their beliefs, but it may be possible to assert the right to vegan meals while incarcerated via a number of constitutional and statutory provisions. Focusing specifically on the federal le­gal landscape, this Article acts as a road map to those options. First, this Article discusses the scope of relevant religious free exercise jurisprudence-and its utility for prisoners who are vegan for religious reasons. Second, this Article explores the extent to which an equal protection approach may provide vegan prisoners with a viable route to securing appropriate meals. Third, this Article discusses …

A Dog Is Not A Stereo: The Role Of Animal Sentience In Determining The Scope Of Owner Privacy Interests Under Oregon Law, Lora Dunn, David B. Rosengard

Animal Law Review

In 2011, a relatively routine animal neglect investigation spawned a line of litigation that would eventually reach the Or­egon Supreme Court. Along the way, this case-State v. New­comb-raised issues central to both constitutional and animal law, involving inquiry into how animals are situated under the law, the \.Veight of a defendant's privacy versus an animal's in­terests, and what relevance attaches to animals existing as feel­ing, sentient creatures. In analyzing Newcomb, this Comment discusses the case facts in Part I, before laying out the argu­ments heard-and decisions rendered-by the trial and appel­late courts in Part II. Part III reads the Oregon …

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

Animal Law Review

No abstract provided.

Cites Cop17 Review, Rebecca Pollack

Animal Law Review

No abstract provided.

Animal Rights: From Why To How, Joan Schaffner, Sherry F. Colb, Michael C. Dorf, David Favre, Lori Gruen, Angela P. Harris, Dale Jamieson

Animal Law Review

On January 9, 2016, the Association of American Law Schools hosted a panel by the Section on Animal Law in New York City. The panel featured legal professionals, scholars, and experts from various disciplines who discussed strategies for securing legal rights for animals. The panel explored what the animal rights movement can learn from other social movements, which legal approaches are available to animal advocates, and the need for non-legal strategies to change cultural attitudes. This panel moves beyond the discussion of whether animals have rights, and addresses the important questions and potential strategies for improving the lives of non-human …

Nutraceuticals In American Horseracing: Removing The Substantive Blinkers From National Racing Legislation, Conor R. Crawford

Animal Law Review

American horseracing is governed by thirty-eight independent state racing jurisdictions. The lack of one coordinated rulebook has been especially problematic with respect to controlled substances. Industry leaders and legal scholars ubiquitously decry American racing’s “drug addiction.” The Horseracing Integrity and Safety Act and Thoroughbred Horseracing Integrity Act of 2015 respond to this charge by purporting to regulate drugs and medication under federal auspices. This Note contends, however, that the bills’ blinkered focus on drugs problematically ignores nutraceuticals: a class of pharmaceutical-food supplements that poses a greater existential threat to horseracing.

In a 1996 Federal Register notice, the FDA announced that …

America's Invaders: The Nile Monitor And The Ineffectiveness Of The Reactive Response To Invasive Species, William K. Norvell Iii

Animal Law Review

In response to an ever increasing level of environmental devastation caused by invasive species and the resultant concerns for ecological preservation, both the state and federal governments have passed legislation to combat this pressing issue. In this Note, the author evaluates the effectiveness of these reactive and proactive policies in the United States. The author also analyzes the successful, proactive invasive species legislation from Australia, the United Kingdom, and New Zealand, and then contrasts them to the failing, mainly reactive laws found in the United States. Despite these shortcomings, the author concludes that it is entirely possible for the United …

2015 State Legislative Review, Malorie Sneed, Jessica Brockway

Animal Law Review

The past year’s state legislative sessions and court dockets bore witness to a wide variety of initiatives concerning animal welfare and animal issues more generally. The increasing prevalence of ag-gag bills continued in 2015, as Colorado attempted to pass a mandatory reporting bill and North Carolina passed its own ag-gag bill that applied to all businesses, not just agricultural facilities, over the governor’s veto. Animal welfare advocates had reason to celebrate this year, however, when the district court of Idaho overturned its ag-gag bill on constitutional grounds. Tennessee, in amending its “Good Samaritan” law to extend coverage to animals trapped …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 23, Issue 1, 2017.

Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen

Animal Law Review

This Article discusses situations in which an officer has shot a companion canine, and evaluates the efficacy of the different potential civil claims that an owner may have against the individual officer, his supervisor, the department, or the municipality. It then goes on to suggest that the relief granted, even for successful claims, is insufficient to alter municipal policies governing officer’s interactions with canines because such relief is typically retrospective in nature. Additionally, this Article discusses the serious problems that arise in relying on civil litigation as a mechanism for addressing officer-involved canine companion shootings because of the status of …

An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?, Charlotte Blattner

Animal Law Review

Further development within the field of animal law seems to be at an impasse, lost among the potential paths presented by its traditional influences: international treaty law, domestic animal welfare regulations, and trade law. First, classical elements of global animal treaty law are limited to preservationist aspirations, insusceptible to the questions of how animals are treated or how they cope with their environment. Second, animal welfare regulation is understood as a matter confined to national territories. In cross-border dialogue, animal matters have been reduced to allegations of imperialism, which is not conducive to furthering animal interests. Third, animals are regarded …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 22, Issue 2, 2016.

Changing Humanity: Fifteen Years Of Progress In Animal Welfare And Protection, Earl Blumenauer

Animal Law Review

This Introduction outlines policy and societal changes in animal welfare over the last fifteen years. Covering the areas of industrial meat production and the treatment of farm animals, domesticated animals and cruelty, animal testing and laboratory animals, and protection of native species here and around the world, the Introduction documents meaningful policy achievements in each area, as well as accompanying and continuing societal efforts to improve outcomes for animal welfare in the United States and across the world. In addition, the Introduction documents current and future opportunities in the U.S. Congress and in local, national, and international policy to continue …

Agroterrorism, Resilience, And Indoor Farming, Nathalie N. Prescott

Animal Law Review

Agroterrorism poses a significant threat to food supplies and the stability of agricultural markets. The industrialization of agricultural has substantially improved productivity and efficiency, but has also contributed to the sector’s declining resilience— the ability to withstand and adapt to stress and change. Consequently, agriculture has become increasingly vulnerable to possible agroterrorist attacks. However, by working to increase biodiversity and minimize the connected and concentrated nature of agricultural production, the industry can lower its vulnerability to attack. Indoor agriculture may be one way to accomplish this goal. This Article describes indoor agriculture, explains the concept of agroterrorism, and explores the …

What Can Animal Law Learn From Environmental Law?, Rachel Lamb, Tara Zuardo

Animal Law Review

This Review analyzes and synopsizes What Can Animal Law Learn from Environmental Law?, edited by Professor Randall S. Abate. The book is a compilation of writings by numerous professionals in the fields of animal and environmental law. This Review introduces the background of the book and those sections most relevant to animal law. The book is divided into four distinct units, and this Review addresses each in turn: (1) Introductory Context, (2) U.S. Law Contexts, (3) International and Comparative Law Contexts, and (4) Vision for the Future. This Review ends by illustrating how academic settings can benefit from the use …

Extra! Extra! New Housing Developments Lead Coyotes To Homelessness And Violence With Humans, Joseph Simpson

Animal Law Review

As city sprawl spreads into less-developed rural regions, these new residents enjoy living close to nature but also put their pets and children at risk of encountering dangerous wildlife, such as coyotes. Cities have a variety of options, legal and otherwise, to regulate human and coyote behavior in order to reduce conflict. This Article analyzes the situation in the cities of Chino Hills and Yorba Linda, two southern California communities on the edge of Chino Hills State Park that have received local media attention for human–coyote interactions. Growing cities can use zoning to separate coyotes from humans and avoid drawing …

Legal Protection Of Animal Dignity In Switzerland: Status Quo And Future Perspectives, Gieri Bolliger

Animal Law Review

Swiss law protects not only the well-being but also the dignity of animals. Since 1992, animal dignity protection has been a constitutional principle in Switzerland, and a main purpose of the national Animal Welfare Act since 2008. The animal dignity concept is still unique in the world and represents a biocentric expansion of Swiss law granting animals a moral value, irrespective of their sentience. This signifies protection for an animal’s inherent worth, including ethical aspects that are not necessarily associated with any physical and physiological injury, such as protection from humiliation, excessive instrumentalization, and substantial interference with an animal’s appearance …

2015 Federal Legislative Review, Alescia Dichmann

Animal Law Review

The American political newspaper, The Hill, named the 114th Congress as “the most diverse Congress ever set to take power.” This Congress has 108 female lawmakers, more than ever before, alongside 430 men as well as 46 African American and 33 Hispanic lawmakers. While this Congress has made strides in the diversity of its members, we have yet to see whether this Congress’s legislative activity will benefit animals. The fate of the proposed animal legislation discussed in this Review will ultimately be decided by the time this 114th Congress concludes in 2017.

Animal Dignity, Reed Elizabeth Loder

Animal Law Review

The aim of this Article is to find a broader theoretical basis for animal protection than the current ideas of personhood and capabilities provide. Human dignity is variously defined but pervasive in grounding human rights and should have a counterpart for animal protection beyond minimum welfare that can improve the quality of animal lives overall. Dignity has an inward dimension based on the value of an individual that should not be violated and an outward aspect in the individual’s bearing to the world, both of which apply to animals. In content, human individuals have dignity in autonomously directing their lives, …

Home Is Where The Dog Is: A Discussion Of Homeless People And Their Pets, Zanna Shafer

Animal Law Review

This Article looks at the trials and tribulations homeless people face when they own pets. It establishes the three main types of pets the homeless population owns: companion animals, service animals, and emotional support animals. The Article then goes on to analyze the problems the homeless face associated with each type of animal ownership. The Article primarily draws from Leslie Irvine’s novel, My Dog Always Eats First: Homeless People and Their Animals. Irvine’s novel relays first-hand experiences of the homeless individuals’ interactions with animals and the difficulties they face by having them. The Article addresses homeless dog owners’ hardships in …

Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson

Contributions to Books

This casebook offers a view of natural resources law rich in history, yet exposing students to the complexities of practicing natural resources law in the 21st century. Given that the focus of most Natural Resources Law casebooks is public lands and public law (often at the federal level), this casebook is unique in its primary focus on natural resource conflicts on private lands and its significant focus on private law (though public law is also a focus). While we include chapters on federal public lands and areas of federal primacy like wetlands regulation and endangered species protection, our focus is …

Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin

Animal Law Review

Modern industrial animal agriculture and consumer purchasing patterns do not match consumers' moral preferences regarding animal welfare. Cur­rent production methods infiict a great deal of harm on animals despite widespread consumer preference for meat, dairy, and eggs that come from humanely treated animals. Judging by the premium pricing and market shares of food products with moral or special labels (e.g., 'cage-free,' 'free range,' and 'organic'), many consumers are willing to pay more for less harmful products, but they are unable to determine which products match this preference. The labels placed on animal products, and the insufficient government oversight of these …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 22, Issue 1, 2015.