Animal Law Commons^™

Exporting Quarantine Risk Material From Western Australia, Quarantine Wa, Department Of Agriculture And Food, Western Australia

All other publications

Although pests and diseases occur right across Australia, some States and Territories – and even some regions within a State – are free of specific ones. Quarantine programs regulate the interstate movement of goods which could carry pests and diseases. Minimising their spread is vital because, once established, they can be difficult and expensive to eradicate or control.

Enforcing Wildlife Protection In China, Peter J. Li

Animal Welfare Collection

Since China enacted the Wildlife Protection Law in 1988, its wildlife has been threatened with the most serious survival crisis. In the prereform era, wildlife was a neglected policy area. Serving the objective of reform, the Wildlife Protection Law upholds the “protection, domestication, and utilization” norm inherited from past policies. It establishes rules for wildlife management and protection. This law provides for penalties against violations. Yet, its ambiguous objectives, limited protection scope, and decentralized responsibilities have made its enforcement difficult. Political factors such as institutional constraints, national obsession with economic growth, shortage of funding, and local protectionism have made the …

Animal Ethics And The Law, Bernard E. Rollin

Animal Law and Legislation Collection

Everyone reading this Article is doubtless aware of the woeful lack of legal protection for farm animals in the United States. Not only do the laws fail to assure even a minimally decent life for the majority of these animals, they do not provide protection against the most egregious treatment. As both a philosopher who has helped articulate new emerging societal ethics for animals, and as one who has successfully developed laws embodying that ethic—notably the 1985 federal laws protecting laboratory animals—I will stress the direction we need to move in the future to enfranchise farm animals. I have seen …

Rescue Me: Legislating Cooperation Between Animal Control Authorities And Rescue Organizations, Rebecca J. Huss

Law Faculty Publications

Notwithstanding the overwhelming evidence that shows how important pets are to many people in the United States, the leading cause of death for dogs and cats in this country is euthanasia because of the lack of homes. Although progress has been made, conservative estimates are that between three and four million dogs and cats are euthanized each year. A successful program for implementing non-lethal strategies to control the pet population incorporates three prongs: (a) increasing adoptions, (b) increasing the number of animals sterilized and (c) increasing the number of animals retained in homes. This Article focuses on the legislative actions …

Mucking Out The Stalls: How Krs § 230.357 Promises To Change Custom And Facilitate Economic Efficiency In The Horse Industry, R. Kelley Rosenbaum

Kentucky Law Journal

No abstract provided.

Recovery In A Cynical Time - With Apologies To Eric Arthur Blair, Dale Goble

Articles

No abstract provided.

The Animal Question: The Key To Coming To Terms With Nature, Jim Mason

Animal Law Review

No abstract provided.

Front Matter

Animal Law Review

Front Matter includes Title Page, masthead, advisors, and Table of Contents for Animal Law Review Vol. 13, Issue 2.

Why "Managing" Biodiversity Will Fail: An Alternative Approach To Sustainable Exploitation For International Law, Kyle Ash

Animal Law Review

The role of humans in mass extinctions necessitates an assessment of the collective human psychology responsible for the degradation of Earth’s life support systems. In this paper, the Author will cite instruments and discourse relevant to international environmental law to illustrate how an antiquated conception of biological hierarchies is condoned whenever other species are mentioned. As reflected in the law, humans do not just believe we are existentially unconnected with the rest of life, but that we have more right to live on the planet. This, ironically, allows us to rationalize activities that destroy the planet, even for ourselves. Nature …

Front Matter

Animal Law Review

Front Matter includes title page, masthead, advisors, and table of contents for Animal Law Review Volume 14, Issue 1.

A Contractarian View Of Animal Rights: Insuring Against The Possibility Of Being A Non-Human Animal, Julie Hilden

Animal Law Review

Contemporary research results regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggest the need for a sweeping re-evaluation of their legal status as mere property. In this essay, the author will contend that the contractarian theory of philosopher John Rawls provides an ideal basis for this re-evaluation. Rawls’ theory holds that the just rules for a given real-world society are those that would rationally be chosen behind an imaginary “veil of ignorance,” where the deciding parties are placed in an “original position” in which they have no idea of their personal qualities or the positions they will …

Animal Testing In Cosmetics: Recent Developments In The European Union And The United States, Laura Donnellan

Animal Law Review

Animal welfare has become a recent issue in the policy of the European Union. Since the creation of the European Economic Community (EEC) in 1957, the welfare of animals was only considered in relation to the proper functioning of the common market. Animals were seen as commodities whose interests were intertwined with agricultural and environmental policy. Over the years, the position has changed somewhat. Although a Treaty basis exists for animal welfare, the protection of animals has not yet been recognized as an important policy area of its own, and thus worthy of legal protection. As a positive step in …

Finding Our Voice: Challenges And Opportunitites For The Animal Law Community, Pamela Frasch

Animal Law Review

No abstract provided.

Auctioning Off Integrity: The Legitimacy Of Seller-Rebate Agreements In The Thoroughbred Auction Context, Daniel Waxman

Kentucky Law Journal

No abstract provided.

Animal Experimentation: Lessons From Human Experimentation, Arthur Birmingham Lafrance

Animal Law Review

This article is adapted from the author's presentation during the panel discussion Animals in Research: Pet Cloning, Patents, and Bioethics at the 14th Annual Animal Law Conference of Lewis & Clark Law School on October 14, 2006.

Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to be more reliable, however, casts substantial doubt on the necessity and appropriateness of experimentation on animals. The federal government and medical community, since World War II, has used the Nuremberg Code and the “common rule” to determine how to ethically conduct human experimentation. …

Humane Education, Dissection, And The Law, Marcia Goodman Kramer

Animal Law Review

Students regularly encounter animal dissection in education, yet humane education receives little attention in animal law. This article analyzes the status of humane education laws in the United States. It discusses the range of statutory protections, from student choice laws to bans on vivisection. The article then analyzes the litigation options for students who do not wish to dissect, including constitutional claims and claims arising under student choice laws. The article concludes by calling for additional legislation to protect students who have ethical objections to dissection.

Pets In The Eye Of The Storm: Hurricane Katrina Floods The Courts With Pet Custody Disputes, Megan Mcnabb

Animal Law Review

The story of King Solomon includes the often-told tale of two women, both claiming ownership of one baby, who come before the king’s court in order to resolve their quarrel as to which of them is the true mother. This article recounts a modern-day King Solomon story: the “baby” is the animals left behind during Hurricane Katrina; the two mothers claiming ownership of the “baby” are the original owners of the animals and those who adopted the animals after the hurricane; and the role of King Solomon is played by judges in the custody dispute cases that arose after the …

From Words To Action: The Impact And Legal Status Of The 2006 National Wildlife Refuge System Management Policies, Robert L. Fischman

Articles by Maurer Faculty

On June 26, 2006, the U.S. Fish and Wildlife Service (FWS) issued three new final policies governing the conservation of the national wildlife refuge system. These new agency manual provisions nearly complete an implementation project that began shortly after Congress enacted an organic statute in 1997 for management of the refuges. This article briefly reviews the significance of the 1997 legislation and places the new policies in the context of the statutory framework. It then discusses the most important aspects of the policies in terms of both practical refuge management and broader trends in natural resources law. The article evaluates …

2006 Legislative Review, Marjorie A. Berger

Animal Law Review

No abstract provided.

2006 Animal-Law Related Articles, Brett Cattani

Animal Law Review

Animal Law is pleased to introduce as a new annual feature a bibliography of animal law-related articles published in law reviews and law journals during the previous year. For ease of reference, each article has been placed into a relevant category and each category provides a non-exhaustive list of potential topic examples. Some articles may appear in more than one category. Although we have made every effort to be as comprehensive as possible and present a complete listing of 2006 articles, this list may not be all-inclusive. We hope this compilation will serve as a useful resource in exploring contemporary …

Subverting Justice: An Indictment Of The Animal Enterprise Terrorism Act, Kim Mccoy

Animal Law Review

The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals. The author notes the AETA targets individuals based solely on their political ideology and can deter these individuals from exercising their right to free speech due to the threat of being permanently branded as a terrorist. It is this infringement on First Amendment rights, coupled with the AETA’s overbreadth and vagueness, that lead the author to conclude the AETA is unconstitutional. The author also notes …

At A Complex Crossroads: Animal Law In Indian Country, Rob Roy Smith

Animal Law Review

Animals play an especially important role in Indian history and culture. The value of animals to the tribes is reflected in every aspect of their culture, from song and dance to land use and treaty terms. Tribes today are still dependent on fish and wildlife for ceremonies and everyday living. The tribes have translated their value for animals into creative ways to protect domestic animals and manage animal populations, including working with state and federal governments to co-manage fish and wildlife populations. This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a …

Bred Meat--The Cultural Foundation Of The Factory Farm, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

This article argues that the ability of large-scale industrial farms to commodify animals in the face of strong countervailing social forces stems in large part from the legal system’s embrace of a secularized but nonetheless deeply religious vision of human ascendancy. Within this belief system, animals comprise beings through whom we define ourselves by contrast and to whom we deny ingress to the legal system. The impulse to increase protections for nonhuman animals is offset by institutionally privileged categories of behavior that commodify nonhumans and strip them of legal defenses. The resulting lattice of laws purports to safeguard animals while …

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.

The Mystery Of The Individual In Modern Law, Jospeh Vining

Articles

To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals. This was Telford Taylor, beginning the presentation of the "Medical Case" at the Nuremberg Trials. The "Medical Case" was not about genocide or war or the conduct of war. It was about experimentation on human beings, and it was this trial that produced the "Nuremberg Code," the first control of such treatment of human beings by one another, so surprisingly late in the history of modern scientific investigation, midtwentieth century, and so surprisingly absent everywhere before, despite the …