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Animal Law Review

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Articles 391 - 420 of 451

Full-Text Articles in Animal Law

Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood Jan 1999

Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood

Animal Law Review

The idea that there is a connection between the way individuals treat animals and human beings has a long history in Western popular culture, but a shorter history as the subject of scientific research. Recently, a growing body of evidence has confirmed an association between repeated, intentional abuse of animals and a variety of violent antisocial behaviors including child abuse, domestic violence, and violent criminal activities. The public made this connection before most law-enforcement or menial health officials. Public sentiment for tougher and better-enforced animal cruelty laws is strong, and there has been a dramatic response to recent high-profile animal …

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Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw Jan 1999

Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw

Animal Law Review

The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent …

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Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise Jan 1999

Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise

Animal Law Review

The rule that "animals are property," and do not merit legal rights, is ingrained in the law of English-speaking countries. Challenges to this rule must be brought in strategic, thoughtfu, sensitive, sophisticated, and coordinated ways. This essay offers seven related strategic considerationsf or anyone who wishes to battle the "animals as property" rule.

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Mclibel, David J. Wolfson Jan 1999

Mclibel, David J. Wolfson

Animal Law Review

In 1991, McDonald's sued two pro se defendants in England for defamation in relation to, among other things, allegations that McDonald's was culpably responsible for cruel common farming practices. The case took seven years and the appeals still continue, Though McDonald's spent over $16 million on legal representation and had significant legal advantages, it lost major portions of the case, including the issue of animal cruelty. Mr. Molfson discusses the background and holding of "MeLibel" in relation to cruel common farming practices, its unique legal context, and the impact of the holding on animal law in general and state anti-cruelty …

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Free Speech, Animal Law, And Food Activism, Howard F. Lyman Jan 1999

Free Speech, Animal Law, And Food Activism, Howard F. Lyman

Animal Law Review

No abstract provided.

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1998 Legislative Review, Aaron Lake Jan 1999

1998 Legislative Review, Aaron Lake

Animal Law Review

Legislative Review is a new feature summarizing the major state ballot initiative drives over the past year. The 1998 Legislative Review contains an overview of initiatives including: cockfighting in Arizona and Missouri; trapping in Alaska in Alaska and California; hunting in Minnesota and Ohio; animal farming in California, Colorado, and South Dakota; and wildlife protection in Utah.

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Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner Jan 1999

Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner

Animal Law Review

Since 1978, forty states and one United States territory have passed laws to protect police dogs. Despite the numerous peculiarities contained in these laws, as well as the legal issues raised by them, none of the laws have been reviewed in academic literature. Although the courts have had little occasion to analyze the vast breadth of issues surrounding the police dog laws, there is much to be said about the components of the various statutes. This article examines the statutory requirements and prescribed penalties relating to police dog statutes and opens debate on the prudence and value of such laws. …

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"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt Jan 1998

"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt

Animal Law Review

In 1997 the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneu­vering by all of the concerned parties. Mr. Eichstaedl examines the history of the Makah whaling rights from the Tribe's treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Ameri­cans re-asserting a centuries-old custom.

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The Conflict Between Species In An Ever More Crowded World, Jane Goodall Jan 1998

The Conflict Between Species In An Ever More Crowded World, Jane Goodall

Animal Law Review

No abstract provided.

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Oregon Dog Control Laws And Due Process: A Case Study, Christopher C. Eck, Robert E. Bovett Jan 1998

Oregon Dog Control Laws And Due Process: A Case Study, Christopher C. Eck, Robert E. Bovett

Animal Law Review

Mr. Eck and Mr. Bovett examine the inequities and inconsis­tencies in Oregon dog control laws and due process concerns arising from them. The authors outline constitutional require­ments that need to be enforced to ensure protection against unreasonable government actions in cases involving these laws.

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Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix Jan 1998

Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix

Animal Law Review

Dr. Lacroix discusses the correlation between different forms of family violence and suggests that family pets are just an­other victim. Dr. Lacroix proposes that stronger animal an­ticruelty laws may be part of the solution to reducing family violence because they enhance the likelihood of detection of an offender's abusive behavior.

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Dolphin-Safe Tuna: The Tide Is Changing, Kristin L. Stewart Jan 1998

Dolphin-Safe Tuna: The Tide Is Changing, Kristin L. Stewart

Animal Law Review

Ms. Stewart reviews the history of the tuna-dolphin contro­versy in the Eastern Pacific Ocean. She explores international agreements and U.S. law that mandate dolphin-safe tuna fish­ing practices. Finally, Ms. Stewart reviews the steps taken by the United States, including embargoes against other coun­tries' tuna, to force tuna-fishing nations to use dolphin-safe practices.

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The Fruits Of Our Labor: Results From The First Session Of The 105th Congress -- 1997 Federal Legislative Summary, Nancy Perry Jan 1998

The Fruits Of Our Labor: Results From The First Session Of The 105th Congress -- 1997 Federal Legislative Summary, Nancy Perry

Animal Law Review

Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legis­lative agenda in is this area. She also provides a current legislative update for each bill involved.

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Recovery Of Common Law Damages For Emotional Distress, Loss Of Society, And Loss Of Companionship For The Wrongful Death Of A Companion Animal, Steven M. Wise Jan 1998

Recovery Of Common Law Damages For Emotional Distress, Loss Of Society, And Loss Of Companionship For The Wrongful Death Of A Companion Animal, Steven M. Wise

Animal Law Review

Mr. Wise analyzes experiential recognition of the bond that ex­ists between human companions and companion animals in the context of possible recovery of tort damages for the wrongful death of a companion animal. He demonstrates that companion animals are often seen by their human companions as members of the family (holding much the same status as children). He discusses historical aspects of the common law as they relate to current tort law in such cases and examines the tension that exists between principle and policy.

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If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai Jan 1998

If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai

Animal Law Review

Mr. Shenai examines animal rights in the context of federal animal testing. After discussing current federal research policy and the positions held by animal rights advocates, he proposes a new statute to accommodate all interests in society as well as the rights of the animals being considered for testing.

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Can Nonhuman Animals Find Tort Protection In A Human-Centered Common Law?, Enger Mccartney-Smith Jan 1998

Can Nonhuman Animals Find Tort Protection In A Human-Centered Common Law?, Enger Mccartney-Smith

Animal Law Review

Section 870 of the Restatement (Second) of Torts provides a method by which a court might extend private intentional tort rights to nonhuman animal plaintiffs. Given our current scien­tific and experiential understanding of many species, com­bined with existing court procedures to ease administrability, such an extension of tort law is mandated.

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Obstacles To Legal Rights For Animals: Can We Get There From Here?, Susan Finsen Jan 1997

Obstacles To Legal Rights For Animals: Can We Get There From Here?, Susan Finsen

Animal Law Review

No abstract provided.

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"Do Dogs Ape?" Or "Do Apes Dog?" And Does It Matter? Broadening And Deepening Cognitive Ethology, Marc Bekoff Jan 1997

"Do Dogs Ape?" Or "Do Apes Dog?" And Does It Matter? Broadening And Deepening Cognitive Ethology, Marc Bekoff

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

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Animal Oppression And The Pragmatist, Lesli Bisgould Jan 1997

Animal Oppression And The Pragmatist, Lesli Bisgould

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

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Thunder Without Rain: A Review/Commentary Of Rain Without Thunder: The Ideology Of The Animal Rights Movement, Steven M. Wise Jan 1997

Thunder Without Rain: A Review/Commentary Of Rain Without Thunder: The Ideology Of The Animal Rights Movement, Steven M. Wise

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

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Rights Of Slaves And Other Owned-Animals, Alan Watson Jan 1997

Rights Of Slaves And Other Owned-Animals, Alan Watson

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. The law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. However, through the efforts of people who have recognized the law's shortcomings and have sought to correct them, justice may eventually prevail. Unfortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by experts from various interdisciplinary fields at …

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Are Women Persons?, Drucilla Cornell Jan 1997

Are Women Persons?, Drucilla Cornell

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

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Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler Jan 1997

Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler

Animal Law Review

Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.

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Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise Jan 1997

Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise

Animal Law Review

This Symposium was adapted from a presentation to the Senior Lawyers Division of The American Bar Association, Orlando, Florida, Aug. 2, 1996.

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Tracking The Adc: Ranchers' Boon, Taxpayers' Burden, Wildlife's Bane, David Hoch, Will Carrington Heath Jan 1997

Tracking The Adc: Ranchers' Boon, Taxpayers' Burden, Wildlife's Bane, David Hoch, Will Carrington Heath

Animal Law Review

Approximately thirty five million dollars are spent each year by the Animal Damage Control division of the US Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these "predators" are appalling. Mr. Hoch argues that the funding for this program is excessive, irresponsible, and raises serious ethical questions. He concludes that ADC activities should be terminated immediately.

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Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf Jan 1997

Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf

Animal Law Review

The 104th Congress legislated a complete moratorium on the listing of species and critical habitat under the Endangered Species Act. Mr. Kopf explores the motivations behind the moratorium and shows how market forces may further weaken the ESA. This article questions whether the moratorium and its subsequent repeal signal a new era of environmental awareness or a return to industry's discreet manipulation of the legislative process.

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Front Matter Jan 1997

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 3, Issue 1.

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The Thirsty Cow And And Important Distinction, Priscilla Cohn Jan 1997

The Thirsty Cow And And Important Distinction, Priscilla Cohn

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

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Where Do We Draw The Line Between Harassment And Free Speech?: An Analysis Of Hunter Harassment Law, Katherine Hessler Jan 1997

Where Do We Draw The Line Between Harassment And Free Speech?: An Analysis Of Hunter Harassment Law, Katherine Hessler

Animal Law Review

Ms. Hessler examines the constitutionality of the federal hunter harassment statute and concludes that protests of hunting events should be protected under the First Amendment.

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The Rise Of Equine Liability Activity Acts, Sharlene A. Mcevoy Jan 1997

The Rise Of Equine Liability Activity Acts, Sharlene A. Mcevoy

Animal Law Review

In recent years, the equine industry has become concerned by court decisions which undermine the traditional view that persons who participate in horseback riding activities assume the risk of any iJ\iury they incur. Ms. McEvoy examines significant cases and state statutes designed to meet the challenges posed by these decisions, as well as the legislative history behind a Connecticut statute.

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