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Articles 91 - 120 of 451
Full-Text Articles in Animal Law
A Message From The Next Generation Of Animal Law, Adrienne Craig, Frances Chrzan
A Message From The Next Generation Of Animal Law, Adrienne Craig, Frances Chrzan
Animal Law Review
Introduction to Animal Law Review Volume 25, Issue 3, 2019.
2018 State Legislative Review, Emma Therrien
2018 State Legislative Review, Emma Therrien
Animal Law Review
There were several important changes to animal protection in the United States in 2018. California became the first state to ban cosmetic testing on animals and also made improvements for a handful of species used in factory farming. Prop 12 was passed, increasing minimum size standards for these species, but the most drastic change was the banning of eggs produced by egg-laying hens housed in cages—effectively prohibiting the use of cages for these birds in the state and the sale of eggs from producers that use cages in production facilities out of state. Florida and New Jersey made influential advancements …
Personal Reflections On Being A Postcolonial Feminist Animal Law Professor, Maneesha Deckha
Personal Reflections On Being A Postcolonial Feminist Animal Law Professor, Maneesha Deckha
Animal Law Review
The author reflects on her experiences in the field of animal law. A recurring theme throughout the Article is that the author’s struggle to see herself being part of the animal law at all. This is because mainstream animal law writing has tended to take a liberal legal approach, while the author has focused her work around concepts of intersectionality, feminist, and postcolonial theory in a field she has self-described as “Philosophy, Critical Theory, and Animal Ethics.” Consistent with her intersectional approach, the author highlights how her experience being Canadian, being female, and being ‘radicalized’ have all intersected to shape …
Puppies, Ponies, Pigs, And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein
Animal Law Review
This Article addresses how disability discrimination policy clarifies when animals might be allowed as accommodations in various settings. It provides the basic statutory and regulatory framework for these settings, additional administrative agency guidance, and some judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on (1) higher education institutions because those settings have the potential of incorporating several different types of settings and (2) health care settings because of the particular concerns about health and safety.
'Ruff' Justice: Canine Cases And Judicial Law Making As An Instrument Of Change, Richard Jochelson, James Gacek
'Ruff' Justice: Canine Cases And Judicial Law Making As An Instrument Of Change, Richard Jochelson, James Gacek
Animal Law Review
The regulation of animals in North America should be apprised of evolving socialities. As the judiciary encounters situations of contestation between humans and animals in adjudication, it should take notice of the emergence of animal recognition in Western societies. Law is apprised of sociality, can absorb social information, and may, at times, reflect how citizens view issues of justice. What was once innocent behavior can be reconstituted as criminal through the adjudicative exercise (and vice versa). In this Paper, we investigate socio-legal constructions of ‘the animal’ in two recent North American adjudications. In two recent cases, R. v. D.L.W. and …
Desmond's Law: A Novel Approach To Animal Advocacy, Jessica Rubin
Desmond's Law: A Novel Approach To Animal Advocacy, Jessica Rubin
Animal Law Review
In May of 2016, the Connecticut Legislature passed Public Law 16-30, informally called Desmond’s Law. This law allows courts to appoint supervised law students or volunteer lawyers to advocate for the interests of justice in animal cruelty cases. Desmond’s Law institutes a novel approach to animal cruelty cases—advocates support the prosecution and sentencing of individuals charged with animal cruelty offenses and promote enforcement of historically under-utilized anti-cruelty laws. Based upon the author’s personal experience conceiving and implementing Desmond’s Law, this Article aims to aid legislators, judges, and advocates in creating legislation modeled on Connecticut’s Desmond’s Law. This Article also aims …
The Endangered Species Act As Applied To Captive Animals: Sea Shepherd Legal's Amicus Brief In Peta V. Miami Seaquarium, Sea Shepherd Legal
The Endangered Species Act As Applied To Captive Animals: Sea Shepherd Legal's Amicus Brief In Peta V. Miami Seaquarium, Sea Shepherd Legal
Animal Law Review
This Article contains Sea Shepherd Legal’s (SSL) amicus brief in the matter of People for the Ethical Treatment of Animals v. Miami Seaquarium, an ongoing litigation concerning the captive orca known as “Lolita.” SSL filed this brief for two reasons. First, the conditions under which Lolita is held are at once particularly illegal and immoral. Lolita’s conditions of captivity violate both the Endangered Species Act (ESA) and the Animal Welfare Act (AWA), all while imposing continuous harm on a highly intelligent being in the name of entertainment. Second, the decision in this case frustrates the logic of the underlying laws. …
2017 State Legislative Review, Adrienne Craig
2017 International Review, Ashlyn Whitbeck
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 24, Issue 2, 2018.
"We The Pit Bulls": The Fate Of 'Pit Bulls' Under The United States Constitution, Will Lowrey
"We The Pit Bulls": The Fate Of 'Pit Bulls' Under The United States Constitution, Will Lowrey
Animal Law Review
Across the United States, thousands of pit bull type-dogs are legally discriminated against by laws that punish them based solely on their appearance. For over three decades, dozens of towns and cities across the country have overwhelmingly blamed dog bites and public safety concerns on one particular type of dog. These laws take various forms, from complete bans to public muzzling to fencing requirements, but all invariably subject pit bulltype dogs to conditions and requirements not imposed on most other breeds. Through dozens of legal challenges, advocates for pit bull-type dogs have attempted to use the Constitution to attack the …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 25, Issue 1, 2018.
Frankly My Dear, I Don’T Want A Dam: Refocusing Dam Removal Priorities To Protect Endangered Salmon Now, Skylar Sumner
Frankly My Dear, I Don’T Want A Dam: Refocusing Dam Removal Priorities To Protect Endangered Salmon Now, Skylar Sumner
Animal Law Review
Dams are a critical threat to salmon habitat and population recovery. While much progress has been made in the past few years with dam removal, the more quickly dams are removed, the greater chance that salmon can be restored to their historic ranges. In the Pacific Northwest, dams are a particular threat to salmon. Many regulatory tools can be used to bring dams into compliance, but there is often much resistance to these efforts. This Essay proposes that by targeting dilapidated private dams opposed to functional ones on public land, compliance or removal will be achieved with less resistance and …
Animals In Transport Languish As Twenty-Eight Hour Law Goes Off The Rails, Michelle Pawliger, Dena Jones
Animals In Transport Languish As Twenty-Eight Hour Law Goes Off The Rails, Michelle Pawliger, Dena Jones
Animal Law Review
This Article seeks to identify how the U.S. Twenty-Eight Hour Law, requiring feeding, water, and rest for specific animals being transported after twenty-eight hours of travel, is not being adequately enforced by United States Department of Agriculture (USDA) or United States Department of Transportation (DOT). In this Article, AWI first establishes the legal background of the Twenty-Eight Hour Law and subsequent regulations implemented by the USDA and DOT. Next, AWI discusses the recent history of the law’s implementation, or lack thereof, by these Departments and enforcement protocol of the Investigative and Enforcement Services for the Animal and Plant Health Inspection …
6,083 Dogs Shot And Killed: The Unknown Puppycide Epidemic In America, Genette Gaffney
6,083 Dogs Shot And Killed: The Unknown Puppycide Epidemic In America, Genette Gaffney
Animal Law Review
Wrongful police killings of companion dogs is gaining attention on local and national levels. Efforts to hold officers accountable are often stalled by a qualified immunity provided to officers under the Fourth Amendment and the lack of state laws and policies providing protection to domesticated animals. This article examines case law on qualified immunity—and state statutes offering canine protection—and suggests different policies that may be implemented to afford better protection to our pets and citizens. Part I provides a brief background on why dog shootings persist and provides examples of dogs shot and killed by police. Part II discusses and …
2017 Federal Legislative Review, Samuel Pope
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 24, Issue 1.
Regulating Fake Assistance Animals: A Comparative Review Of Disability Law In Australia And The United States, Paul Harpur, Simon Bronitt, Peter Billings, Martie-Louise Verreynne, Nancy Pachana
Regulating Fake Assistance Animals: A Comparative Review Of Disability Law In Australia And The United States, Paul Harpur, Simon Bronitt, Peter Billings, Martie-Louise Verreynne, Nancy Pachana
Animal Law Review
The United Nations Convention on the Rights of Persons with Disabilities [CRPD] provides that persons with a disability have the right to be accompanied by an assistance animal to provide living accommodations in the navigation of routine daily activities. The CRPD imposes upon states an obligation to identify and to eliminate obstacles and barriers to accessibility (Art 9), as well as to take effective measures to ensure personal mobility with the greatest possible independence (Art 20). This extends to recognising the rights of persons with disabilities to be accompanied by assistance animals. In jurisdictions like Australia and the United States, …
Animal Rights In The Shadow Of The Constitution, Ariel L. Bendor, Hadar Dancig-Rosenberg
Animal Rights In The Shadow Of The Constitution, Ariel L. Bendor, Hadar Dancig-Rosenberg
Animal Law Review
In this Article, we consider whether granting constitutional protections can improve animal welfare. To that end, we carry out a comparative analysis of legal systems that protect animal rights by constitutional tools, identify and analyze the ideas underlying those protections, and explore their adaptability. Focusing mainly on the Israeli case, we argue that constitutional law cannot provide adequate protections for animals and, contrary to the conventional wisdom, might even impair their protection.
Canines In The Classroom: Issues Relating To Service Animals In Primary And Secondary Educational Institutions After Fry V. Napoleon Community Schools, Rebecca J. Huss
Canines In The Classroom: Issues Relating To Service Animals In Primary And Secondary Educational Institutions After Fry V. Napoleon Community Schools, Rebecca J. Huss
Animal Law Review
The Supreme Court’s decision in Fry v. Napoleon Community Schools in February 2017 provides important guidance for advocates for students with disabilities partnered with service animals and school districts; however, areas of potential conflict remain. This Article reviews that Supreme Court decision and analyzes other recent cases to illustrate some of the complicated issues that may arise when students with disabilities want to be accompanied by their service animals in schools.
Ritual Slaughter, Federal Preemption, And Protection For Poultry: What Legislative History Tells Us About Usda Enforcement Of The Humane Slaughter Act, Bruce Friedrich
Ritual Slaughter, Federal Preemption, And Protection For Poultry: What Legislative History Tells Us About Usda Enforcement Of The Humane Slaughter Act, Bruce Friedrich
Animal Law Review
The one federal law that protects animals raised for food (farm animals) is the Humane Methods of Slaughter Act (HMSA), which, as its name implies, covers only the final moments of animals’ lives. Beyond overall lax enforcement, the United States Department of Agriculture (USDA) has made three interpretive decisions, one with support from the Supreme Court, that have further harmed farm animals: First, USDA exempts the ritual slaughter process from oversight. Second, USDA has thus far refused to protect poultry, who represent more than 98% of slaughtered land animals. And third, USDA has argued, and the Supreme Court agreed, that …
Employers, Got Vegan?: How Ethical Veganism Qualifies For Religious Protection Under Title Vii, Rebecca Schwartz
Employers, Got Vegan?: How Ethical Veganism Qualifies For Religious Protection Under Title Vii, Rebecca Schwartz
Animal Law Review
Currently, employees who decide to go vegan for ethical reasons have no protection at their workplaces. Their employers are free to refuse to accommodate their beliefs whether that be through refusing to accommodate an employee who will not wear the leather piece of a required uniform or refusing to provide a vegan food option at work parties. As more and more Americans make the shift to a vegan lifestyle, this protection is needed now more than ever. This Paper analyzes how an ethical vegan may qualify for employment discrimination protection under Title VII of the Civil Rights Act. In doing …
Looking Behind The Curtain: Achieving Disclosure Of Medical And Scientific Information For Cetaceans In Captivity Through Voluntary Compliance, Heather D. Rally, Donald C. Baur, Matthew Mcfeeley
Looking Behind The Curtain: Achieving Disclosure Of Medical And Scientific Information For Cetaceans In Captivity Through Voluntary Compliance, Heather D. Rally, Donald C. Baur, Matthew Mcfeeley
Animal Law Review
In recent years, increasing concern has emerged within the general public and scientific communities over the detrimental effects of captive maintenance on the health and welfare of cetaceans. There is widespread agreement that the medical records of cetaceans held in captivity are a source of important information that can shed light on the animal health impacts of certain captive conditions, as well as on diseases and environmental threats to cetaceans in the wild. Despite the value of such records to advancing animal husbandry, animal welfare, and wildlife conservation, the medical and behavioral records of cetaceans held in captivity are rou- …
Justice For All?: The Shortcomings And Potentials Of The Capabilities Approach For Protecting Animals, Jennifer Davidson
Justice For All?: The Shortcomings And Potentials Of The Capabilities Approach For Protecting Animals, Jennifer Davidson
Animal Law Review
In her book, Frontiers of Justice, Martha Nussbaum sets out to build upon, and re-envision, John Rawls’ theory of justice. Her goal is to establish a conception of justice that extends to three classes that are not adequately captured in Rawls’ work: people with disabilities, people living in different countries, and nonhuman animals. This Note takes on the last of those three extensions, nonhuman animals. Part I presents a brief overview of the major scholarly approaches to conceptualizing animal rights. Part II lays out the capabilities approach in detail, focusing particularly on its application to nonhuman animals. Part III analyzes …
The Wages Of Blood, Vanessa Hemenway
The Wages Of Blood, Vanessa Hemenway
Animal Law Review
Slaughterhouse workers are largely overlooked by both the animal law community as well as the legal protections supplied by statutes addressing the humane treatment of animals. Like the traumatic ordeals of war, slaughterhouse workers undergo physical, psychological, and emotional injuries akin to soldiers on the front line. The few statutes that cover workers’ injuries in the exercise of their position at the slaughterhouse focus mostly on the physical. While slaughterhouse workers have one of the highest injury rates of any job, the state workers’ compensation statutes fail to address the debilitating and desensitizing emotional effect of animal slaughter. Nonetheless, the …
Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein
Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein
Animal Law Review
This Article discusses the problem of veterinary lien laws that treat companion animals as inanimate objects, in a modern society that often views pets as members of the family. Historically, pets, like automobiles, were subject to possessory liens. If an automobile owner couldn’t pay the repair bill, the mechanic could keep possession of the car or sell the car to recoup costs. Veterinary lien laws treat companion animals in a similar fashion. If the owner cannot not pay the veterinary bill in full, the veterinarian is often permitted to keep possession of the companion animal until the bill is paid. …
The Black Man’S Dog: The Social Context Of Breed Specific Legislation, Ann Linder
The Black Man’S Dog: The Social Context Of Breed Specific Legislation, Ann Linder
Animal Law Review
Hundreds of communities throughout the United States have imposed breed-specific dog laws that prohibit ‘pit bulls’ in the name of public safety. This Article examines the relationship between pit bulls and people of color incorporating new research to argue that these laws may be rooted in racial bias. In such instances, breed-specific bans function as a means of keeping minorities out of majority-white neighborhoods. Finally,
Animals As Living Accommodations, Ani B. Satz
Animals As Living Accommodations, Ani B. Satz
Animal Law Review
This is the first symposium published in a law journal about using nonhuman animals as “living accommodations” for individuals with disabilities. The symposium features the work of both invited participants and speakers chosen from a call for papers issued by The Association of American Law Schools’ (AALS) Section on Animal Law for the AALS 2017 Annual Meeting, which was held in San Francisco, California, in January 2017. This program was co-sponsored by the Sections on Disability Law and Law and Mental Disability.
From War Dogs To Service Dogs: The Retirement And Adoption Of Military Working Dogs, Mackenzie Landa
From War Dogs To Service Dogs: The Retirement And Adoption Of Military Working Dogs, Mackenzie Landa
Animal Law Review
Military Working Dogs (MWD) are canine service members that provide safety, comfort, love, and sometimes their lives to their human teammates. Soldiers rely on these dogs for companionship, support, and protection. However, handler dog teams are often separated when human soldiers return home from deployment. The dogs, classified as property by the Department of Defense, remain overseas and work until they are no longer useful to the military. Once the military decides a MWD is unable to serve, the dog is often left abroad unless a handler or nonprofit organization can fund the dog’s transport back to the United States. …
Animal Law In A Changing (And Challenging) Political Climate: One Professor's Musings After 100 Days Of The Trump Administration, Kathy Hessler
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 …