Animal Law Commons^™

The Tragedy Of The Horse, American Icon, Tim Opitz

Journal of Food Law & Policy

Whether a prohibition on slaughter improves the welfare of the American horse population is the focus of this article. At the time it was written, winter of 2010-2011, a confluence of Federal and State legislative action had ended domestic slaughter. These actions are detailed in the body of this article. Since 2007, the legal status of horse slaughter remained static. Just as Sir Isaac Newton's first law of motion explained, an object at rest tends to stay at rest. Legislative inertia is the perspective from which this article was originally written. However, Newton's first law also stated that the object …

The Wilderness Myth: How The Failure Of The American National Park Model Threatens The Survival Of The Iyaelima Tribe And The Bonobo Chimpanzee, Mark Hopson

Environmental and Earth Law Journal (EELJ)

The Wilderness Myth

Abstract by Mark Hopson

Contrary to popular opinion, and the vast majority of legal scholarship on the subject, the traditional American model for a national park is scientifically and logically unsound. Further, this model has been adopted at a terrible social cost to the indigenous tribes who lived on the land that became national parks. Every government that has chosen to implement the American national park model has done so at the expense of indigenous people.

This article chronicles the creation of the world’s first national parks, Yosemite and Yellowstone, and the legal battles involved. The article …

The Global Politics Of Food: A Critical Overview, Beth Lyon, Nancy Ehrenreich

Working Paper Series

In May 2010, the Universidad Iberoamericana Ciudad México hosted an international conference on The Global Politics of Food: Sustainability and Subordination, bringing together 33 academics and activists from seven countries to exchange ideas and information on The Global Politics of Food: Sustainability and Subordination. Published in the University of Miami Inter-American Law Review, the Symposium papers examine the complex ways in which the global food system reinforces hierarchies of power and privilege. “The Global Politics of Food: A Critical Overview” provides a substantive introduction to the Symposium, identifying the disparate strands of the vast field of food politics and suggesting …

Felony Animal Cruelty Laws In New York, Stephen Iannacone

Pace Law Review

No abstract provided.

Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado School of Law

18 slides

Agenda: Best Management Practices (Bmps): What? How? And Why?, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program, Research Partnership To Secure Energy For America, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project

Best Management Practices (BMPs): What? How? And Why? (May 26)

The Environmentally Friendly Drilling Systems (EFD) Program, managed by the Houston Advanced Research Center, works to identify, develop and transfer critical, cost effective, new technologies that can provide policy makers and industry with the ability to develop natural gas reserves in a safe and environmentally friendly manner. Funding for the EFD Program is through a grant from the Research Partnership to Secure Energy for America, established under the 2005 Energy Act. Within the EFD Program, some projects focus on technologies for developing energy sources in environmentally sensitive areas; others (like the NRLC’s BMP Project) seek ways to reduce the environmental …

Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Timothy J. Considine, School of Energy Resources, Department of Economics and Finance, University of Wyoming

15 slides

Slides: Bmps For Reclamation: Do We Know What Is Effective?, Peter Stahl

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Pete Stahl, Wyoming Reclamation and Restoration Center

19 slides

Slides: The Economic Benefits Of Completing Initial Reclamation Successfully For Oil And Gas, David Chenoweth, David Holland, Gerald Jacob, Lindsey Kruckenberg, John Rizza, Bryan Whiteley

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenters: Joe Schneider and Colby Reid, Western States Reclamation, Inc.

34 slides

Slides: Arctic Ecosystem Services Measurement And Modeling Project, Eric Biltonen

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Eric Biltonen, PhD, Environment Economist, Houston Advanced Research Center

8 slides

Slides: Master Development Plans (Mdps): Oil And Gas Projects, Mary Bloomstran

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

19 slides

Slides: Planning Tools: Wildlife Mitigation Plan (Wmp), Comprehensive Drilling Plan (Cdp), Geographic Area Plan (Gap), Ginny Brannon

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Ginny Brannon, Colorado Department of Natural Resources

7 slides

Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

20 slides

Slides: Environmentally Friendly Drilling Systems Program, Rich Haut

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Rich Haut, Houston Advanced Research Center

6 slides

Slides: Collaborative Planning And Lessons Learned, Matt Sura

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Matt Sura, University of Colorado Law School

48 slides

The History Of Zoological Gardens And The State, Federal And International Laws That Govern Them, Morgan Maxwell

Mahurin Honors College Capstone Experience/Thesis Projects

The history of zoos in North America can be traced back through 18th century Europe to ancient civilizations such as the Romans. The menageries of ancient Rome were far different from modern zoos that stress conservation, education, and research as primary objectives. Zoos are still evolving and changing to become more suitable for captive animals and to ensure their animals’ health and well-being. An examination of state wildlife laws reveals that there are more laws that pertain to wildlife at the state and local level than at any other level of government. Federal wildlife laws are few in number and …

Katrina's Animal Legacy: The Pets Act, Marita Mike, Rebecca Mike, Clark J. Lee

Homeland Security Publications

This article discusses issues related to the federal Pets Evacuation and Transportation Standards Act of 2006 (PETS Act), which was signed into law in the aftermath of Hurricane Katrina. Issues discussed in this article include:

1. Various problems concerning animal evacuations and sheltering that Hurricane Katrina brought to light;
2. Provisions of the PETS Act and related laws and policies which were developed in response to the tragedies brought about by Hurricane Katrina; and
3. Strengths and weaknesses of the PETS Act and recommends next steps to improve implementation of the PETS Act.

The Market Value Rule Of Damages And The Death Of Irreparable Injury, Patrick Luff

Cleveland State Law Review

A fundamental principle of remedies is that the remedy should be sufficient to place the injured party in the position he would have occupied but for the wrong suffered. But law and equity come to very different conclusions about what remedy is sufficient to restore a plaintiff to his status quo ante when real property, rare property, and property with high sentimental but low market value are involved. Equity treats the loss of these items as irreparable injury, meaning that damages are not adequate to compensate the victim for their loss. But if the real property is seized in eminent …

Cheap Meat: How Factory Farming Is Harming Our Health, The Environment, And The Economy, R. Jason Richards, Erica L. Richards

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Institutionalized Horse Abuse: The Soring Of Tennessee Walking Horses, Keith Dane

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Dead Horse, You Can't Beat It: Equine Carcass Disposal Laws And Practices, Robert F. Dahlstrom, Kerry O'Neill Irwin, Emily J. Plant

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Cage-Free, Free-Range, Organic? Why Animal Welfare Depends On A New Government Labeling Scheme, Tabitha N. Mitchell

Student Articles and Papers

No abstract provided.

Human Drama, Animal Trials: What The Medieval Animal Trials Can Teach Us About Justice For Animals, Katie Sykes

Animal Law Review

The legal system generally does little to protect animals, and one aspect of its inadequacy is a matter of formal structure: under United States and Canadian law, animals are not legal “persons” with an independent right to the protections of the legal system. There are calls to expand the status of animals in the law by providing them with legal standing, the right to be represented by a lawyer, and other formal protections. But, in a way, some of this has happened before. There is a long history, primarily from the medieval and early modern periods, of animals being tried …

2010 Legislative Review, Jenny Keatinge, Richard Myers

Animal Law Review

No abstract provided.

Confined To A Process: The Preemptive Strike Of Livestock Care Standards Boards In Farm Animal Welfare Regulation, Lindsay Vick

Animal Law Review

In recent years, livestock care standards boards have emerged as an innovative way for state agencies to regulate farm animal welfare. Far from improving farm animal welfare, however, these boards are frequently a way to codify existing industry standards. The Ohio Livestock Care Standards Board, for example, had a nominal mission to establish regulations governing the care and well-being of livestock and poultry. Other states have created similar mechanisms for regulating farm animal welfare. This Comment maintains that the Ohio Livestock Care Standards Board regulations merely codify the existing status quo on Ohio factory farms rather than improving the health …

Who The Judge Ate For Breakfast: On The Limits Of Creativity In Animal Law And The Redeeming Power Of Powerlessness, Matthew Liebman

Animal Law Review

Drawing upon various schools of legal thought, this Essay explores how ideological and non-legal factors influence the adjudication process in animal law cases. The Legal Realist and Critical Legal Studies movements highlighted the indeterminacy present in legal doctrine and undermined trust in judges’ ability to arrive at “correct” answers to legal questions. In the midst of such indeterminacy, where legal texts do not predetermine legal outcomes, judges tend to render decisions that are consistent with pervasive societal norms and existing distributions of political power. Starting from these premises, the Author questions whether innovative and creative impact litigation by the animal …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 18, Issue 1, 2011.

A "Fisheye" Lens On The Technological Dilemma: The Specter Of Genetically Engineered Animals, George Kimbrel, Paige Tomaselli

Animal Law Review

One year ago, the United States Food and Drug Administration (FDA) proposed approval of the first genetically engineered (GE or transgenic) animal for food production—a salmon engineered to grow much faster than normal using genetic material from an ocean pout. Faced with concerns from scientists and the public that these “super” salmon will escape into the wild and be the final blow to wild salmon, proponents crafted a scheme that is half Michael Crichton, half Kurt Vonnegut: The engineered salmon eggs will begin life in a lab on a frozen Canadian island, then be airlifted to a guarded Panamanian fortress, …

Trademark Protection Of Live Animals: The Bleat Goes On, 10 J. Marshall Rev. Intell. Prop. L. 715 (2011), Lee B. Burgunder

UIC Review of Intellectual Property Law

The Wall Street Journal recently reported that the owner of a Swedish restaurant was suing other businesses for violating its registered trademark, which surprisingly consists of live goats on a grass roof. The PTO and the courts have steadily enlarged the set of trade dress features that might serve as trademarks, and there is no reason, in theory, to treat live animals differently. Nevertheless, the PTO likely made a mistake in this instance when it agreed to register the mark. This article evaluates the requirements for protecting trade dress with trademarks, and explains why a Swedish restaurant should not have …

The Animal Companion Puzzle: A Worth Unknown Though Height Taken, Ronald B. Lansing

Animal Law Review

A tort occurs where one individual breaches a duty allegedly owed to another. When the damage necessitates a judicial rem­edy, it is up to the courts to fix the appropriate level of compen­sation. The law distinguishes between two categories of compensatory awards and labels them ''economic'' and ''noneconomic'' remedies. When a loss falls into the latter cate­gory-that is, the damages suffered lack an ascertainable mar­ket value-judges have struggled to put a price on the harm.

This jurisprudential puzzle is particularly apparent in the pet loss context. Companion animals are defined as property under the law in all fifty states. Thus, …