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Articles 361 - 390 of 453

Full-Text Articles in Animal Law

A Step At A Time: New Zealand's Progress Toward Homonid Rights, Rowan Taylor Jan 2001

A Step At A Time: New Zealand's Progress Toward Homonid Rights, Rowan Taylor

Animal Law Review

All members of the Homindae Family (humans, chimpanzees, bonobos, gorillas, and orangutans) share complex cognitive aptitudes not shared by most other animals. Yet only human hominids have legal rights to life and personal security. The campaign to win fundamental rights for all hominids took a small but significant step forward in 1999 when New Zealand's Animal Welfare Act banned the use of non-human hominids in research, testing, and teaching except where such uses are in the hominids' best interests. In preventing human interests from trumping non-human ones, the Act took a first step toward dismantling speciesism within the hominid family. …


Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii Jan 2001

Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii

Animal Law Review

Trade in endangered species is a complicated issue. The trade in ivory creates tensions between western conservation-driven beliefs and developing countries' reliance on wildlife as a resource. This article examines the recent decision under the Convention on International Trade in Endangered Species (CITES) to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan. Since trade in endangered species involves many different disciplines, this paper touches on biology, international law, economics, and public policy. In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls …


The Role Of Animals In Livable Communities, Earl Blumenauer Jan 2001

The Role Of Animals In Livable Communities, Earl Blumenauer

Animal Law Review

No abstract provided.


Rebuilding The Wall, Bill Davis Jan 2001

Rebuilding The Wall, Bill Davis

Animal Law Review

The debate about whether nonhuman animals deserve legal rights encompasses an ever broadening range of theories and strategies. Most thinkers pushing for nonhuman animal rights reject speciesism, which they view as an often tacit foundation for their adversaries' arguments. Yet almost every current contributor to the debate-whether they favor or disfavor the extension of rights beyond the human sphere-engages in some form of intelligenceism by focusing disproportionate attention on humanlike animals. This essay submits that nonhuman animal advocates must recognize this pervasive intelligenceist bias and be wary of the detrimental effects its substitution for speciesism could have on their long-term …


Crime Victims' Rights: Critical Concepts For Animal Rights, Douglas E. Beloof Jan 2001

Crime Victims' Rights: Critical Concepts For Animal Rights, Douglas E. Beloof

Animal Law Review

It is simultaneously intimidating and presumptuous to make observations about a movement that one is not intimately involued in. I am not an animal rights scholar. However, I am in the dignity recognition business. As a legal advocate and academic, I work to promote the dignity of human victims of crime. I have written the only casebook for law students about crime victims law, consult with Congress about crime victim law, and advise attorneys and victim organizations around the country. I also lwt·e considerable expe­rience in taking movements and moving them into practical operations within prosecutors' offices; for example, in …


"Cruelty To Police Dog" Laws Update, Craig Scheiner Jan 2001

"Cruelty To Police Dog" Laws Update, Craig Scheiner

Animal Law Review

Mr. Scheiner updates his article, Statutes with Four Legs to Stand On?: An Examination of "Cruelty to Police Dog" Laws, published in Volume 5 of Animal Law.


Dismantling The Barriers To Legal Rights For Nonhuman Animals, Steven M. Wise Jan 2001

Dismantling The Barriers To Legal Rights For Nonhuman Animals, Steven M. Wise

Animal Law Review

No abstract provided.


Front Matter Jan 2001

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Review Volume 7, Issue 1.


Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau Jan 2001

Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau

Animal Law Review

This article offers an extended analogy for the purpose of posing basic questions about proposals for granting legal rights to some nonhuman animals. The analogy is drawn from the precedent-breaking eighteenth century English case Somerset v. Stewart, which liberated an African slave. The article argues that one can identify features of the eighteenth century debate which illuminate features of today's debate over proposed uses of centrally important legal concepts for some nonhuman animals. Using the comparison for the limited task of highlighting the complex cultural backdrop in each situation, the article suggests that the comparison helps one see the nature …


Recovery Of "Non-Economic" Damages For Wrongful Killing Or Injury Of Companion Animals: A Judicial And Legislative Trend, Sonia S. Waisman, Barbara R. Newell Jan 2001

Recovery Of "Non-Economic" Damages For Wrongful Killing Or Injury Of Companion Animals: A Judicial And Legislative Trend, Sonia S. Waisman, Barbara R. Newell

Animal Law Review

The emotional bond between humans and their animal companions can be as strong as that experienced between two people, and animal companions are often looked upon and treated as members of the family. When they are wrongfully killed or injured, however, the legal system traditionally has not adequately recognized this important relationship. Instead, recovery has been limited to the market value of the animals. It is time for state laws to explicitly acknowledge the significance of the human-animal companion relationship and codify recovery for such non-economic injuries as emotional distress and loss of companionship. This article examines why damages for …


2000 Legislative Review, Alicia Finigan Jan 2001

2000 Legislative Review, Alicia Finigan

Animal Law Review

Our third Legislative Review reports the passage and de- feat of several state and federal, administrative and legislative actions. Ms. Laurie Fulkerson has researched and written on four major pieces of federal legislation; Mr. Chris Brown has discussed additional federal advances, and a re­view of state initiatives which both advance and undermine animal welfare; Ms. Amy Baggio has reviewed the passage of state anti-cruelty statues. Finally, Ms. Alicia Finigan has reported on the United State's Pelly Amendment certifica­tion of Japan for violating the International Whaling Com­mission's resolution to cease its illusory "research whaling" for minke, sperm and Bryde's whales.


Dead Dog Running: The Cruelty Of Greyhound Racing And The Bases For Its Abolition In Massachusetts, Erin N. Jackson Jan 2001

Dead Dog Running: The Cruelty Of Greyhound Racing And The Bases For Its Abolition In Massachusetts, Erin N. Jackson

Animal Law Review

Under the guise of sport, greyhound racing persists in Massachusetts and sixteen other states, despite the industry's notoriety for animal abuse. The cruel practices employed in greyhound racing, including the culling of litters; the use of live lures in training; the provision of substandard living conditions and care; and the systemic, premature killing of greyhounds bear undeniable likeness to the barbarity perpetrated in the illicit animal fighting sports of bullfighting, dogfighting, and cockfighting. Yet, greyhound racing masquerades in the Commonwealth as an innocuous pastime, even though the industry-wide, calculated refusal to provide care for and consequent killing of throngs of …


Legal Protection For Horses: Care And Stewardship Or Hypocrisy And Neglect?, Lafcadio H. Darling Jan 2000

Legal Protection For Horses: Care And Stewardship Or Hypocrisy And Neglect?, Lafcadio H. Darling

Animal Law Review

Horses have a strong connection to America and Americans. They have played a pivotal role in our history, they have been a part of our work and our play, and we cherish them as companion animals. The legal system has made significant steps to protect horses in a number of ways. However, quite ironically, horse protection laws are often ineffective, unenforced, and sometimes non-existent. This article will explore America's relationship with the horse, horse protection laws-their strengths and their failures.


Wildlife -- Our Most Valuable Public Resource, Elizabeth Furse Jan 2000

Wildlife -- Our Most Valuable Public Resource, Elizabeth Furse

Animal Law Review

No abstract provided.


Steven M. Wise: Rattling The Cage -- Toward Legal Rights For Animals, David J. Wolfson Jan 2000

Steven M. Wise: Rattling The Cage -- Toward Legal Rights For Animals, David J. Wolfson

Animal Law Review

No abstract provided.


A House On Fire: Linking The Biological And Linguistic Diversity Crises, Kieran Suckling Jan 2000

A House On Fire: Linking The Biological And Linguistic Diversity Crises, Kieran Suckling

Animal Law Review

Although it is a truism among conservation biologists that humanity is in the midst of the Earth's sixth great extinction spasm, overt public awareness of the crisis is dim, and understanding of its implications even dimmer. The house is burning down around us, and even as the beams begin to cave in, we have but the vaguest intuition of the enormity of the danger. How is it possible to ignore the biosphere careening toward an extinction catastrophe unparalleled not only in the brief span of human history, but in the last sixty-five million years of life on Earth? The question …


Genetic Engineering Of Domestic Animals: Human Prerogative Or Animal Cruelty?, Michelle K. Albrecht Jan 2000

Genetic Engineering Of Domestic Animals: Human Prerogative Or Animal Cruelty?, Michelle K. Albrecht

Animal Law Review

Selective breeding and genetic engineering of domestic animals represent two of science's most manipulative advancements of the last century. One of the many questions raised by these procedures is whether the suffering produced violates state anti-cruelty laws. California's animal anti-cruelty statute is one of the most comprehensive and progressive in the country. This article examines whether selective breeding and genetic engineering violate California's anti-cruelty statute, highlighting recent California case law interpreting these statutes and outlining the standard to determine when a violation has occurred. Furthermore, the article seeks to articulate policy suggestions to further the protection afforded these animals affected …


Enacting And Enforcing Felony Animal Cruelty Laws To Prevent Violence Against Humans, Joseph G. Sauder Jan 2000

Enacting And Enforcing Felony Animal Cruelty Laws To Prevent Violence Against Humans, Joseph G. Sauder

Animal Law Review

Felony animal anti-cruelty laws should be enacted and strictly enforced to protect animals and humans. Studies show that violence in the home, of any type, is self-perpetuating, creating generations of abusers and victims. Children who witness abuse are more likely to abuse animals and eventually humans; even minor acts of animal abuse are signs of a disturbed individual and should be taken seriously. Current animal anti-cruelty laws fail to prevent this violence. This article proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent this cycle of violence.


Animal Welfare Law In Canada And Europe, Elaine L. Hughes, Christiane Meyer Jan 2000

Animal Welfare Law In Canada And Europe, Elaine L. Hughes, Christiane Meyer

Animal Law Review

The idea that animals are entities that deserve protection, irrespective of their utility to man, is firmly grounded in the Enlightenment. The principle that a creature's need for considerate treatment did not depend on the possession of a soul or the ability to reason, but on the capacity to feel pain was formulated and debated at that time. The debate continues today-Canada is in the midst of examining its own ethical, philosophical and legal beliefs about animal welfare and cruelty. This article examines the current state of animal welfare and cruelty laws and recent attempts through federal legislation to modernize …


New Zealand's Animal Welfare Act: What Is Its Value Regarding Non-Human Hominids?, Paula Brosnahan Jan 2000

New Zealand's Animal Welfare Act: What Is Its Value Regarding Non-Human Hominids?, Paula Brosnahan

Animal Law Review

New Zealand's Animal Welfare Act has been touted as a world first in great ape protection, and that may be true. However, it has also been depicted as an act conferring basic legal rights on great apes, and that is an exaggeration. Challenging the legal status of great apes in any jurisdiction requires sound, factual propositions. Therefore, the background and breadth of New Zealand's protections must be understood before proponents of change employ them as precedent. This essay offers a brief history of the non-human hominid provisions of New Zealand's Animal Welfare Act.


Front Matter Jan 2000

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 6, Issue 1.


Throwing Caution To The Wind: The Global Bear Parts Trade, Adam M. Roberts, Nancy V. Perry Jan 2000

Throwing Caution To The Wind: The Global Bear Parts Trade, Adam M. Roberts, Nancy V. Perry

Animal Law Review

The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. …


Environmentally Friendly Ranching? An Interview On The High Desert, Lisa Johnson Jan 2000

Environmentally Friendly Ranching? An Interview On The High Desert, Lisa Johnson

Animal Law Review

The following is an interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef, a cooperative organization that his wife, Connie, helped start in 1986. Doc was on his cell phone while we talked, as he and Connie were on their way to Portland from their High Desert Ranch in Brothers, Oregon to give a talk to an agricultural group. Connie was driving while Doc and I spoke. They have a rule against driving and talking on the phone at the same time. I agreed that was probably a good policy.


Feedlots -- Rural America's Sewer, Marilyn Lee Nardo Jan 2000

Feedlots -- Rural America's Sewer, Marilyn Lee Nardo

Animal Law Review

Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act …


Asset Forfeiture And Animal Cruelty: Making One Of The Most Powerful Tools In The Law Work For The Most Powerless Members Of Society, Amy A. Breyer Jan 2000

Asset Forfeiture And Animal Cruelty: Making One Of The Most Powerful Tools In The Law Work For The Most Powerless Members Of Society, Amy A. Breyer

Animal Law Review

Animals have historically been one of the most vulnerable segments of society to crime due both to their status as property and their inability to aduocate for themselves. While this has long worked to their disadvantage, developments in an area ofjurisprudence where criminal and property law merge now offer an unprecedented possibility. Forfeiture laws have become one of the most powerful and effective tools in the war against crime. The principles and precedents that have emerged from asset forfeiture are aptly suited to application in the animal cruelty context as well. This article discusses asset forfeiture and animal cruelty, offering …


Animal Custody Disputes: A Growing Crack In The "Legal Thinghood" Of Nonhuman Animals, Barbara Newell Jan 2000

Animal Custody Disputes: A Growing Crack In The "Legal Thinghood" Of Nonhuman Animals, Barbara Newell

Animal Law Review

Despite the traditional view of animals as mere chattels, courts are increasingly viewing animals as more than "things," recognizing the intrinsic value of animal companions. With the help of organizations such as the Animal Legal Defense Fund, case law, local ordinances, and popular attitudes are changing, reflecting the understanding that animals have the capacity to live full mental and emotional lives. This essay tracks these changes, arguing that the time has come to recognize a different legal status for companion animals.


Animal Law -- The Casebook, Steven M. Wise Jan 2000

Animal Law -- The Casebook, Steven M. Wise

Animal Law Review

No abstract provided.


1999 Legislative Review, Aaron Lake Jan 2000

1999 Legislative Review, Aaron Lake

Animal Law Review

No abstract provided.


Front Matter Jan 1999

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 5, Issue 1.


Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon Jan 1999

Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon

Animal Law Review

The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land seres more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlaujul Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southnwestern United States.