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Articles 31 - 60 of 453
Full-Text Articles in Animal Law
Animal Welfare Consumer Protection Litigation: Challenges And Possibilities For Bringing About More "Humane" Labeling Practices, Jaycie Thaemert
Animal Welfare Consumer Protection Litigation: Challenges And Possibilities For Bringing About More "Humane" Labeling Practices, Jaycie Thaemert
Animal Law Review
Consumer protection claims have become a critical tool for animal welfare advocates to attack the misrepresentations that animal agriculture producers make about the humane treatment of their animals. Currently, these claims are an important accountability mechanism, as “humane” labeling standards have not been adopted on the federal level. As consumers become increasingly focused on making ethical food-purchasing decisions, consumer protection claim lawsuits have become more and more successful, drawing the attention of attorneys within and outside of the animal welfare movement. The primary limitation of consumer protection claims in the animal welfare space is that these lawsuits do not actually …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 29, Issue 1, 2023.
A Critical Moral Dilemma Within Animal Law Impact Litigation, Kyla Dayton-Woods
A Critical Moral Dilemma Within Animal Law Impact Litigation, Kyla Dayton-Woods
Animal Law Review
Animals, as legal clients, deserve the same rights as people when being represented by attorneys. There is no Model Rule of Professional Conduct to guide attorneys on how to ethically represent their animal clients. This gap in the law demonstrates an uncertainty in how lawyers are meant to fulfill their moral and legal obligations for their animal clients. Using the Nonhuman Rights Project’s representation of two elephant clients, Beulah and Karen, as a test, this Article proposes a Model Rule to fill the moral gap. If this proposed rule was incorporated into the Model Rules, Beulah and Karen’s attorneys may …
Manure, Methane, And Money: The Anaerobic Digester Disaster In California, Pegga Mosavi
Manure, Methane, And Money: The Anaerobic Digester Disaster In California, Pegga Mosavi
Animal Law Review
The small, idyllic family farms that come to mind at the first mention of farming are all but gone, replaced by enormous factories that churn out animals at record speed, with little regard for their health and welfare. These factory farms produce a host of issues, including pervasive water and air pollution, particularly in vulnerable agricultural communities like those of the San Joaquin Valley in California. While the detriments of the factory farm model are numerous, contribution to climate change in particular has garnered significant attention. Animal agriculture in the U.S. produces 36% of the country’s methane, a greenhouse gas …
Privacy In The Wild: Why Animals' Informational Privacy Matters, Christopher Wlach
Privacy In The Wild: Why Animals' Informational Privacy Matters, Christopher Wlach
Animal Law Review
As data privacy and security come increasingly into focus among lawmakers, regulators, companies, and consumers, concerns about animals’ privacy have gone largely unmentioned. This Article examines how both wild and domestic animals have informational privacy interests—that is, interests in protecting information about themselves. The Article discusses three examples of how informational privacy for animals is not merely a theoretical concept but directly relates to animals’ broader welfare interests. Finally, this Article discusses why privacy provides a helpful theoretical framework and vocabulary for addressing these animals’ interests.
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 29, Issue 2, 2023.
Kangaroo: Fields Of Struggle, Tamasin Ramsay
Kangaroo: Fields Of Struggle, Tamasin Ramsay
Animal Law Review
The Kangaroo, a symbol of the Australian landscape, is under attack by the Victoria government. Viewed as overabundant vermin, colonial law often authorizes killing many Kangaroos, a position that is directly at odds with the ancient law and custom of First Nations People. While Victoria law purports to protect the Kangaroo, in reality the current structure does more harm to the animal than good. This Article reviews the fields of struggle represented by the living tension of colonial law and chthonic law in Victoria and suggests genuine collaboration with First Nations and First Peoples to navigate this fraught terrain. Victoria …
From The United States To Pakistan: Can Climate Change Pave Toe Way For An International Right To Animal Rescue In Disasters?, Altamush Saeed
From The United States To Pakistan: Can Climate Change Pave Toe Way For An International Right To Animal Rescue In Disasters?, Altamush Saeed
Animal Law Review
Over 69% of the world’s wildlife has been lost between 1970 and 2018. Catastrophic events like the Australian bushfires, the Amazon rainforest fires, and the ongoing floods in the United States have led to the deaths of several billion animals. Ongoing apocalyptic floods have put one-third of Pakistan underwater and led to the deaths of over a million livestock animals. Climate change, human rights, and animal rights have become so intertwined that all life—including human, nonhuman, and plant life—is on the brink of extinction.
International Whaling: Reframing The Iwc Moratorium For The Effective Conservation Of Whales, Kacey Hovden
International Whaling: Reframing The Iwc Moratorium For The Effective Conservation Of Whales, Kacey Hovden
Animal Law Review
The ocean once teemed with whales at seemingly every tide and crest, but due to centuries of overexploitation, whales are now a rare and coveted sight in many parts of the world. Today, the challenge of preventing these magnificent giants from extinction remains prevalent, with slow recovery rates and continued whaling practices in direct conflict. This Article examines the history of global whaling practices and the International Whaling Commission’s 1986 moratorium and argues for the establishment of an effective regulatory scheme permitting commercial whaling only on abundant whale stocks. The scheme would encourage whaling nations to remain members of the …
Not For Human Consumption: How To Alleviate The Cruelty Plaguing The Pet Food Industry In The United States, Bailey Frank
Not For Human Consumption: How To Alleviate The Cruelty Plaguing The Pet Food Industry In The United States, Bailey Frank
Animal Law Review
More than 37 billion dollars of pet food was sold in 2019, a sum that increased to approximately 42 billion dollars in 2020. In fact, forty-two of the fifty states have pet food facilities producing more than 3 million tons of animal-based pet food ingredients. Yet, in the last decade, multiple pet food brands have been found to contain trace amounts of euthanasia ‘death drugs’ and are made from 3D or 4D animals — those that are dead, dying, diseased, or disabled. While this can often cause sickness or death in companion animals, an equally urgent issue is the welfare …
Piglet Castration And Pain Relief Drugs: Revamping "Safety Drug Approval Requirements To Address "Efficacy" Requirements For Nsaids, Zoë Sigle
Animal Law Review
This Article investigates the U.S. pork industry's routine practice of piglet castration without pain relief and why no nonsteroidal anti-inflammatory drugs (NSAIDs) have received approval from the United States Food and Drug Administration (FDA) for use in piglets to relieve pain associated with surgical castration. Some countries have approved and even require the use of NSAIDs for surgical castration in piglets. However, the U.S. veterinary pharmaceutical community claims to lack validated scientific methodology to quantify pain in piglets, leading to a lack of substantial evidence to demonstrate NSAID effectiveness and thereby barring FDA-approval of NSAIDs for pain relief in piglets …
Protecting The Sublette Antelope Migration: An Analysis Of The Evolution Of The Legal Tools Employed To Protect The Sublette Antelope Herd From Fencing Obstructions, Colin Reynolds
Lewis & Clark Law Review
A biological marvel of the natural world, each year a small herd of pronghorn antelope—called the Sublette herd—migrate over 300 miles through a mix of public and private land in Wyoming. The Sublette herd’s annual movement constitutes one of the largest remaining “big game” migrations within the continental United States. Unfortunately, this migration faces an increasing number of obstacles threatening its long-term viability; chief among them being fencing obstacles. This Comment examines the evolution of the legal tools the federal government, the state of Wyoming, and everyday citizens can use to protect the Sublette herd’s migration.
Fur-Ever Homes After Divorce: The Future Of Pet Custody, Sara Mićković
Fur-Ever Homes After Divorce: The Future Of Pet Custody, Sara Mićković
Animal Law Review
More than ever, Americans are considering their companion animals to be members of their families. However, the majority of states plainly consider companion animals to be personal property under the law in custody disputes. Therefore, when a pet custody dispute emerges in these states' courts, separated couples proceed to divide companion animals the same way they would other material belongings. At the same time, married couples in the United States are divorcing at increasing rates making these types of pet custody disputes an increasing issue in family courts around the country. Despite most states adopting this approach where companion animals …
What Comes After Defund? Lessons From Police And Prison Abolition For The Animal Movement, Michael Swistara
What Comes After Defund? Lessons From Police And Prison Abolition For The Animal Movement, Michael Swistara
Animal Law Review
As the mass incarceration crisis skyrocketed, the animal protection movement adopted many of the mechanisms of the carceral state. Improving the status of animals was equated with pushing for lengthier sentences for those who caused harm to animals, placing more people into cages for longer periods of time. This disproportionally harmed Black, Indigenous, and People of the Global Majority (BIPGM) communities who are the most heavily policed, surveilled, and imprisoned. Allying with the carceral state has also harmed animals-advocates are labeled terrorists, potential allies are dissuaded from action, and companion animals are killed by officers of the state. This approach …
The (Symbolic) Legislative Recognition Of Animal Sentience, M.B. Rodriguez Ferrere
The (Symbolic) Legislative Recognition Of Animal Sentience, M.B. Rodriguez Ferrere
Animal Law Review
This Article will draw conclusions from the legislative recognition of animal sentience in animal welfare legislation of Oregon, New Zealand and Quebec. A range of jurisdictions have, in recent times, amended their animal welfare legislation to recognize that animals are "sentient." While seemingly a progressive and welcome advance, there are a range of reasons to doubt the actual impact of such amendments. The limited impact of the amendments within animal welfare case law in these jurisdictions appear to confirm these doubts. This Article questions whether such symbolic amendments are benign or have a damaging effect on the attempt to reform …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 28, Issue 1, 2022.
2020 Foreign And International Legislative Review, Brittany Rowe
2020 Foreign And International Legislative Review, Brittany Rowe
Animal Law Review
This Legislative Review highlights the animal law related legislative victories 2020 brought about on foreign and international fronts.
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 27, Issue 1, 2021.
Exploring The Role Of Nonhuman Animal Victims In Federal Environmental Crime Prosecutions, Melissa L. Jarrell, Joshua Ozmy
Exploring The Role Of Nonhuman Animal Victims In Federal Environmental Crime Prosecutions, Melissa L. Jarrell, Joshua Ozmy
Animal Law Review
While nonhuman animals in the United States are often victimized directly or as a consequence of environmental crimes, little is known about them or the role their victimization plays in federal environmental crime prosecutions. Through content analysis of 2,588 of the Environmental Protection Agency's criminal prosecutions from 1983-2019, we identified cases where identifiable nonhuman animal victims play a central role in the prosecution. We developed a typology of victims and the consequences of their victimization, and we explored the geography, charging statutes, and penalties. Results suggest that victimization is infrequent, acute, and clusters around toxic discharges and pesticide abuse stemming …
Nonhuman Rights Or Protections: A Discussion Of The Functional Difference, If Any, Between Laws Providing Either Biocentric Rights Or Anthropocentric Protections For Nonhumans, Joel W. Glazer
Animal Law Review
This article will review examples of laws and judicial opinions that have granted rights to nonhumans, including the examples listed above, as well as a judicial opinion that grants protections, but not rights, to nonhumans. The analysis of these laws and judicial opinions is meant to answer the question of whether using the enchanted word "rights," as opposed to anthropocentric protections, confers a substantive benefit to nonhumans. Part II forms an analytical framework defining the procedural and substantive aspects of non-human rights. Part III applies that framework to judicial opinions from Argentina and the United States and analyzes whether there …
Can Sentience Recognition Protect Animals? Lessons From Québec's Animal Law Reform, Michael Lessard
Can Sentience Recognition Protect Animals? Lessons From Québec's Animal Law Reform, Michael Lessard
Animal Law Review
Academic literature needs to provide a better understanding of the legal recognition of animal sentience. This Article aims to help fill out this gap by diving into Que ́bec’s legal recognition of animal sentience in 2015. This Article draws three lessons from Que ́bec law’s recognition of animal sentience and biological needs. First, it argues that legal sentience recognition’s fate is to become more than symbolic and to receive normative force. Second, it contends that considering sentience protection as the sole instrument to prevent animal killing and exploitation is a mistake. This is so because respect for sentience is reduced …
Cetacean Cultural Rights: A Third Generation Of Rights At Sea, David Peña-Guzmán
Cetacean Cultural Rights: A Third Generation Of Rights At Sea, David Peña-Guzmán
Animal Law Review
This Article discusses the cultural rights of cetaceans, as articulated in the 2010 Declaration on the Rights of Cetaceans. It argues that these rights qualify as "third-generation rights," meaning groups of cetaceans -- as opposed to individuals -- have the right to the protection of their respective cultures. The Article begins with an account of the history of third-generation rights in international human rights law. It then examines how the concept of third-generation rights can carry over into the animal rights movement. The article proposes three criteria for determining whether a group qualifies for third-generation rights. Then, it demonstrates that …
2020 Domestic Legislative Review, Tara Cooley
2020 Domestic Legislative Review, Tara Cooley
Animal Law Review
The 116th Congress, second session, began January 3, 2020, and ended January 3, 2021. While Congress voted on key animal-related legislation, such as the Big Cat Public Safety Act, the COVID-19 pandemic slowed -- or even halted -- proposed legislation at the federal and state levels. Despite the slowdown, local voters proposed and enacted several key initiatives, including the California Ecosystems Protection Act and Orange County, Florida's Right to Clean Water initiative.9 In addition, federally enacted COVID-19-related legislation, such as the Coronavirus Aid, Relief, and Economic Security (CARES) Act, also addressed animalrelated issues. The World Health Organization (WHO) labeled COVID-19 …
2020 Litigation Review, Isaac Conzatti
2020 Litigation Review, Isaac Conzatti
Animal Law Review
This Litigation Review covers a varied selection of animal law related litigation that occurred in the year 2020. The coronavirus pandemic did not slow down the offenses or injustices committed against animals nor the litigation initiated on behalf of animals. While some animal-centered litigation experienced some setbacks in 2020, others sparked legislative initiatives to further protect the interests of animals. Some recent litigation highlights the need for more advocacy and legislation in order to overcome barriers imposed by lobbyists and other special interest groups. Other sections expose how pro-animal legislation has received challenges from opponents who seek to cripple protections …
A Taxonomy Of Class Actions For Animals In The United States, Tess Vickery
A Taxonomy Of Class Actions For Animals In The United States, Tess Vickery
Animal Law Review
Class actions are commonly used to redress mass wrongs against humans— but what about mass wrongs against animals? This Article provides a comprehensive overview of the types of animal-related class actions that have been filed in the United States, predominantly in the field of consumer law, and explores how these actions can be used as a strategic tool to advance protections for animals within the confines of their legal status as property. This Article also highlights the challenges that have been faced by these animal-related class actions in obtaining class certification pursuant to Rule 23 and offers some practical strategies …
The Regulatory Vacuum: How Marijuana's Schedule I Status Imperils Endangered Species In The Emerald Triangle, Jeffrey Bausch Jr.
The Regulatory Vacuum: How Marijuana's Schedule I Status Imperils Endangered Species In The Emerald Triangle, Jeffrey Bausch Jr.
Animal Law Review
The U.S. Fish and Wildlife Service (the Service) is unable to adequately address Endangered Species Act (ESA) petitions because marijuana’s Schedule I status creates a regulatory vacuum. Marijuana growers use pesticides, many of which are lethal at certain concentrations. Typically, these pesticides are highly regulated by the Environmental Protection Agency (EPA). Farmers may only use pesticides specifically prescribed for use on the plant or crop. EPA has been unable to research or register pesticides for use on marijuana plants, and as a result, growers use pesticides at abnormally high concentrations. Wildlife in northern California and Oregon are directly harmed as …
2019 Federal Legislative Review, Patricia Estrella
2019 Federal Legislative Review, Patricia Estrella
Animal Law Review
The 116th Congress was historic for many reasons, and one of those reasons was major legislative progress for animals. In 2019, the Preventing Animal Cruelty and Torture Act passed,criminalizing the underlying cruelty acts in animal crushing videos. Furthermore, Congress ended the sale of healthy wild horses and burros for slaughter and committed to giving financial rewards for tips on international wildlife trafficking. Additionally, many more bills were introduced in the House of Representatives and the Senate, such as the Courthouse Dog Act and the Refuge From Cruel Trapping Act. While it is still unclear whether all the bills introduced to …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 26, Issue 1, 2020.
Feeding Fido: The Case For Restitution In Ohio Animal Cruelty Convictions, Mary Walsh
Feeding Fido: The Case For Restitution In Ohio Animal Cruelty Convictions, Mary Walsh
Animal Law Review
This Note reviews Ohio animal cruelty convictions and makes an argument that restitution should be paid in those cases to the caretakers of the seized animals. First, this Note walks through the changing status of animals under the law from strictly property to the first anti-cruelty statutes imposed in Ohio. There is further discussion of what restitution means in cases like anti-cruelty and why it matters. The discussion then turns to why the current allowed financial sanctions are not enough to pay the fees required in housing and taking care of seized animals. Several cases in Ohio where restitution was …
Toward An Interspecies Right To Breastfeed, Mathilde Cohen
Toward An Interspecies Right To Breastfeed, Mathilde Cohen
Animal Law Review
Milk is young mammals’ primary food. Yet, lactating animals raised for their milk, such as cows and goats, are subject to extreme forms of violence and control preventing them from breastfeeding their own young. Numerous human parents also lack the legal, economic, social, and emotional support they need to nurse their children. At one level, the situation of humans and that of farmed animals is incommensurable in that the latter’s reproductive and lactating capacity is typically exploited and rewarded by death when unprofitable. At another level, lactating animals of all species are in a related social status. Lactating parents, typically …