Animal Law Commons^™

Say Neigh To Handshake Deals: An Economic And Ethical Argument For Written Warranties In The Sales Of Thoroughbred Racehorses, Kate Coulter

William & Mary Business Law Review

Horse racing is one of the largest, most lucrative industries in the United States, but state laws regulating the exchange of billions of dollars through the sales of Thoroughbred racehorses remain inconsistent. Moreover, ethical issues such as poor breeding practices tarnish the reputation of the sport, detracting viewers and consequently endangering the future livelihood of the racing industry. Litigation over birth defects in Thoroughbreds is common, prone to appeal, and expensive. But, this litigation could be mitigated through the use of written warranties in the sale of these highly valuable horses, pursuant to and supplementing the statute of frauds and …

Justice In Colorado: Achieving Animal Plaintiffhood Through The State's Common Law, Mason Liddell

William & Mary Environmental Law and Policy Review

The common law of Colorado embraces all of the premises necessary to conclude that non-human animals are legal persons who may bring suits on their own behalf. All that is necessary is for a case to bring those premises together. The state endorses a Hohfeldian understanding of rights and duties, meaning the two concepts are necessarily corollaries. So, humans’ existing statutory duty to avoid being cruel to animals entails that those same animals have a right to be free from cruelty under state statute. Then, premised on a long line of legal philosophy and the state’s understanding of “legal personhood,” …

Stopping A Cat-Tastrophe: States Must Develop Stricter Management Regimes For Controlling Feral Cat Populations, J. Cameron Niemeyer

William & Mary Environmental Law and Policy Review

This Note will explore the feral cat crisis in the United States and offer a set of potential solutions using existing regulatory frameworks and invasive species management regimes. Part I will discuss what invasive species are and how feral cats fit into the wider problem of invasive species. Part II will then provide an overview of the current statutes, rules, and decisions that govern invasive species management in the United States. Part III will provide an overview of the management techniques for several common invasive species in the country, and compare those techniques to how the United States manages feral …

Does History Repeat Itself? Analyzing Montana's 2023 Draft Wolf Management Plan In Light Of Historical Misconceptions Of Wolves, Katelyn Jones

William & Mary Environmental Law and Policy Review

This Note intends to argue that Montana’s Draft Wolf Management Plan, when compared to other states’ plans, particularly Wisconsin’s, is inadequate because it contains many indicators of the antiquated societal bias that has plagued the wolf’s reputation for centuries. Part I begins with a historical overview of wolf hysteria and controversy beginning in Europe and extending to colonial America. Included in Part I is a specific focus on the treatment of wolves in Yellowstone and Montana during the early 1900s. Part I ends with an overview of the reintroduction of wolves into the [Greater Yellowstone Ecosystem] GYE and the success …

Tarnished Gold: The Endangered Species Act At 50, Jonathan H. Adler

Faculty Publications

This Article aims to take stock of the [Endangered Species Act] ESA’s success and failures during its first fifty years, particularly with regard to the conservation of species habitat on private land. While the ESA authorizes powerful regulatory tools for species conservation, there are serious questions as to whether such tools are the most effective means of conserving species and the habitats on which they rely. Given that most species rely upon private land for their survival, the ESA’s ability to foster private land conservation will affect the law’s overall success.

This abstract has been taken from the author's introduction.

The First Byte Rule: A Proposal For Liability Of Artificial Intelligences, Hilyard Nichols

William & Mary Business Law Review

Artificial Intelligences (AIs) are a relatively new addition to human civilization. From delivery robots to board game champions, researchers and businesses have found a variety of ways to apply this new technology. As it continues to grow and become more prevalent, though, so do its interactions with society at large. This will create benefits for people, through cheaper or better products and services. It also has the possibility to create harm. AIs are not perfect, and as the range of AI uses grows, so will the range of potential harms. A mistake from an AI customer service bot could fraudulently …

It Takes Two: Cites, Illegal Wildlife Trade, And Importing Country Accountability, Erica Lyman

William & Mary Environmental Law and Policy Review

This Article proposes that the CITES [Convention on International Trade in Endangered Species of Wild Fauna and Flora] compliance mechanism is fit-for-purpose in its design but its application is biased against source countries and ignores consumer countries both as drivers of illegal wildlife trade and as noncompliant actors. Bringing a justice-based sensibility to the application of the CITES compliance process requires a whole-of-supply-chain analysis and, drawing on the core relational foundations of the treaty, an international perspective, to identity the root causes of non-compliance that allow illegal trade to fester. Ultimately, the compliance mechanism must gel with the machinery and …

"Very Complex Questions": Zoos, Animals, And The Law, Dana Mirsky

William & Mary Environmental Law and Policy Review

In Sulawesi, Indonesia—forty-five thousand years ago, an artist painted what is now the world’s oldest known cave painting—a life-size image of a wild pig. Forty thousand years later, the elite of Hierakonpolis, Egypt, housed elephants, hippos, and baboons in the world’s oldest known zoo. Today, individuals keep exotic fish, reptiles, and birds as pets while zoos and aquariums display some of the largest and rarest animals on the planet. The human fascination with wild animals is clearly not a new phenomenon, but how and why we keep wild animals have evolved over time. Zoos in particular have changed dramatically just …

Coordinating Nhpa And Nepa To Protect Wildlife, Tala Dibenedetto

William & Mary Environmental Law and Policy Review

In addition to its ecological and intrinsic significance, wildlife is recognized as invaluable historic and cultural resources. Current laws protecting wildlife, like the Endangered Species Act (“ESA”), fail to recognize this dimension, and are limited in providing meaningful protection for culturally significant wildlife. The cultural and historic value of wildlife was recognized in Dugong v. Rumsfeld, in which the court held that a species of dugong could be considered “historic property” under the National Historic Preservation Act (“NHPA”). NHPA requires federal agencies to evaluate the impact of all federally funded or permitted projects on “historic properties.” It is a close …

Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni

William & Mary Environmental Law and Policy Review

No abstract provided.

The Continuing Saga Of Wild Horse Management: Finding A Balance In The Case Of One Of America’S Iconic Symbols, Elspeth Visser

William & Mary Environmental Law and Policy Review

No abstract provided.

Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg

William & Mary Environmental Law and Policy Review

No abstract provided.

Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone

William & Mary Bill of Rights Journal

No abstract provided.

Has Blue Overshadowed Green?: The Ecological Need To Eradicate Hunting Blue Laws, Allie Humphreys

William & Mary Environmental Law and Policy Review

No abstract provided.

Buzzkill: How The Epa’S Inaction Is Killing America’S Bees, Kelsey Ott

William & Mary Environmental Law and Policy Review

No abstract provided.

Caged Cats: Private Ownership Of Lions And Tigers, Adele Young

William & Mary Environmental Law and Policy Review

No abstract provided.

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.

Disability And The Social Contract, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim

Faculty Publications

No abstract provided.

Reduce, Refine, Replace: The Failure Of The Three R’S And The Future Of Animal Experimentation, Darian M. Ibrahim

Faculty Publications

No abstract provided.

The Anticruelty Statute: A Study In Animal Welfare, Darian M. Ibrahim

Faculty Publications

No abstract provided.

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.

Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg

Faculty Publications

Endangered species protection has long been favored by many Americans, who watched regretfully as the numbers of American eagles, buffaloes and other species dwindled toward extinction. Only recently, however, has species protection become a matter of public controversy, subsumed in the more general "development v. environment" debate. In this Article, Professor Rosenberg surveys the federal government's role in species protection, with a special focus on the Endangered Species Act of 1973. Prompted by the much-publicized Supreme Court decision in the "snail darter case"--TVA v. Hill-Congress extensively amended the Act in 1978. After a detailed analysis of these amendments, Professor Rosenberg …