Animal Law Commons^™

Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.

West Virginia Law Review

In the hills of Appalachia sing the hymns of the faithful, preaching a belief in the handling of snakes to prove loyalty to God. In West Virginia, persons may take up poisonous reptiles and pass them amidst crowds in the name of religion without legal restraints. While other states prohibit snake- handling in the name of safety, West Virginia law remains void on the issue. This Article introduces the practice of snake-handling and examines the risks posed by taking up poisonous animals whose bite may cause serious injury or death. This Article then suggests how the West Virginia law may …

Protecting The Pachyderm: The Significance Of Ivory Trade Regulation For African Elephant Conservation, Sharon Montazeri

Cardozo Journal of International and Comparative Law

The note argues that the Convention on International Trade in Endangered Species (CITES) should have accepted CoP16 Proposal 12 at its 2013 meeting, which sought to prohibit future proposals allowing the trade of elephant ivory for nine years. The proposal aligns with CITES' mission to protect endangered species by eliminating incentives for harmful trade practices. While CITES relies on member states to implement conservation measures, the note contends that a trade ban, coupled with additional protections and public education, is essential to prevent further declines in African elephant populations.

Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca J. Huss

Nevada Law Journal

No abstract provided.

Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble

Articles

United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59% of …

All Bite And No Bark: Nonspecific Magic Words Sweep Aside Constitutional Concerns And Remove The Northern Rocky Mountain Gray Wolf From Endangered Species Act Protection In Alliance For The Wild Rockies V. Salazar, Emily A. Cathcart

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Climate Regulation As If The Planet Matters: The Earth Jurisprudence Approach To Climate Change, Glenn Wright

Environmental and Earth Law Journal (EELJ)

It is now beyond doubt that humans are having an enormously detrimental impact on the natural world. In the face of the incredible environmental challenges we face, new and radical ideas have emerged about how we should regulate human behavior. This paper briefly focuses on the failure of current legal regimes to address climate change, and considers how climate governance would look under the Earth Jurisprudence approach: setting our laws within the context of fundamental principles of ecology and planetary boundaries. Consideration is given to how existing legal concepts could be used to achieve this vision. The paper concludes that …

Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp

Environmental and Earth Law Journal (EELJ)

The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America’s dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners, who are attempting to fend off the project because they believe it will displace them of their own lands as well as disrupt the natural ecosystems that lay in the pipeline’s path. In the wake of a presidential veto of the project and renewed sentiment by the pipeline’s …

Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior

Environmental and Earth Law Journal (EELJ)

The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990’s. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and ordered the Environmental Protection Agency to set nutrient criteria for the water bodies in the state of Florida until the Florida Department of Environmental Protection complies with the Clean Water Act.

This article uses the principles of environmental justice to analyze ways …

State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki

Environmental and Earth Law Journal (EELJ)

This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a “predator-proof” fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka`ena Point, a state wilderness park in Hawai`i. First, this paper shifts debates framed in terms of the seeming recalcitrance of Native Hawaiian cultural practitioners to recognize the necessity of natural resource management. Second, it considers how these political debates are repeated in the context of legal questions over the forms through which Native Hawaiian cultural claims may …

Nonhuman Rights To Personhood, Steven M. Wise

Pace Environmental Law Review

2012 Dyson Distinguished Lecture, delivered April 26, 2012 at Pace Law School. Introduction by Prof. David N. Cassuto. Video available here.

Problems For Pale Male: An Analysis Of The U.S. Fish And Wildlife Service’S Nest Destruction Policy, Brent Plater, Nicole Lopez-Hagan, Laura Horton

Pace Environmental Law Review

During the 2004 holiday season, Pale Male, New York City’s celebrated and world-renowned red-tailed hawk, had his nest deliberately destroyed. The nest was approximately 400-pounds and was built over several years. Almost immediately, this act of destruction was met with popular uproar among his many fans throughout the world. This tragic story could easily have been avoided if the United States Fish and Wildlife Service (Service) had correctly carried out its duties under the Migratory Bird Treaty Act (MBTA). What happened to Pale Male years ago is still a possibility today because the Service’s policy remains the same. This article …

Update - June 2013, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Will You Be a Provider or a Professional?
-- The Jack Provansha Bioethics Lecture Opens LLU School of Medicine Alumni Convention
-- From the Director - One Generation to the Next
-- Animal Rights: A Call to Commitment
-- Vegetarianism: The Interface of Science & Values
-- Bioethics at the Alumni Postgraduate Convention
-- Obamacare and the Future of Loma Linda
-- Center's Bioethics Grand Rounds: Poetry at the Bedside

Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice

Pepperdine Law Review

Science is increasingly showing us that animals have many cognitive similarities with humans. In addition to calls for changes in our animal protection statutes, members of the legal community have begun debating over whether animals, or a certain category of animals, should be granted legal rights. This approach has the potential for drastic societal ramifications. David S. Favre has proposed a tort action for animals as a compromise to the animal rights debate. This Comment explores the different approaches to seeking improved conditions for animals, and proposes an adjusted tort cause of action in response to criticisms of Favre's tort.

United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong

Journal of Food Law & Policy

Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …

Comanagement: Merging The Esa With Political Pressure To Create A Viable Alternative To Esa Listing, Stephanie Pacey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Neither Sad Nor Strange: Recovering The Logic Of Anticruelty Organizations In Gilded Age America, Bryn Resser Pallesen

Michigan Law Review

In 1877, the American Humane Association ("AHA") incorporated as one of the first national organizations dedicated to the protection of animals. Nine years later, it amended its constitution to include the protection of children in its chartered mission. By 1908, there were 354 anticruelty organizations in the United States, 185 of which were, like the AHA, humane societies invested in the welfare of both animals and children (pp. 2-3). As primary source documents reveal, Gilded Age humanitarians viewed the joint pursuit of child and animal protection as entirely sensible (p. 5). One of the Illinois Humane Society's founding directors, for …

The Implementation Of The Animal Damage Control Act: A Comment On Wildlife Services's Methods Of Predatory Animal Control, Tiffany Bacon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Dying To Entertain Us Or Living To Educate Us? A Comprehensive Investigation Of Captive Killer Whales, Their Trainers, And How The Law Must Evolve To Meet Their Needs, Megan J. Rechberg

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

How To Give The Dog A Home: Using Mediation To Solve Companion Animal Custody Disputes, Emily Franklin

Pepperdine Dispute Resolution Law Journal

The article presents information on the domestication of dogs with respect to the resolution of the custody disputes of the animals and the method of mediation for the solving the disputes of companion animals in the U.S. Companion animals are considered as the essential part of the family in the country. Information on the requirement of mediation with respect to the animal law and the family law of the U.S. is also presented.

Animal Law In California , William Mccarty Noall

Pepperdine Law Review

No abstract provided.

Antimony: The Use, Rights, And Regulation Of Laboratory Animals , Brenda L. Thomas

Pepperdine Law Review

No abstract provided.

The Moral Patient, The Honorable Fiduciary, And A Faltering Liberalism: An Exploration Of Professor Bryant's Call To Animal Respect, Iris J. Goodwin

Between the Species

Professor Bryant’s article – which seeks to discover whether aspects of an anticruelty statute can be based directly on a call to virtuous conduct – is a provocative piece of scholarship that harbors a much larger question: Can a general principle mandating full respect for animals be developed out of the moral methodology inhering in virtue ethics? Insights garnered in this rejoinder are meant to stand alongside those in Professor Bryant’s article to lend deep moral grounding to animal-respect as well as provide intimations of the way virtue ethics as a moral methodology might yield determinate answers to moral questions. …

Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca Huss

Law Faculty Publications

No abstract provided.

If All Other Options Fail: The Plight Of Wild Horses And The Dubois Case For Horse Slaughtering, Brendan Vandor

University of Michigan Journal of Law Reform Caveat

Robert Redford recently joined forces with former presidential candidate Bill Richardson to stop the return of horse slaughtering to the United States. Few among us would bet against that duo in their fight for a cause that appears on its face to be unassailably just. Yet, horse slaughtering is a highly complex issue that boasts its fair share of credible supporters, and the activity is poised for a revival after a six-year ban if Redford, Richardson, and various animal rights groups do not win a recently-brought federal lawsuit. This Comment recommends a multi-pronged approach to solving the problem of wild …

Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover

Student Articles and Papers

Massive facilities that keep large numbers of livestock have overtaken small, independent farms as the primary source of meat, eggs, and dairy in the United States. These concentrated animal feeding operations ("CAFOs) compare more to industrial manufacturing operations than to traditional farms, and emit huge quantities of air pollutants that are harmful to public health, sickening people and damaging the environment. The Environmental Protection Agency ("EPA") possesses statutorily provided tools under the Clean Air Act that it uses to regular other polluting industries. However, this article - after reviewing the rise of CAFOs, examining the threats they pose, and surveying …

Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson

Florida A & M University Law Review

No abstract provided.

Chapter 595: Banning The Use Of Dogs To Hunt Bears And Bobcats, Sean D. O’Dowd

McGeorge Law Review

No abstract provided.

A Decent Proposal: How Animal Welfare Organizations Have Utilized Shareholder Proposals To Achieve Greater Protection For Animals,47 J. Marshall L. Rev. 795 (2013), Summer Hallaj

UIC Law Review

No abstract provided.

New Priorities As The Endangered Species Act Turns 40, Dale Goble

Articles

No abstract provided.

A Short History Of (Mostly) Western Animal Law: Part Ii, Thomas G. Kelch

Animal Law Review

This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. In Part I of this Article, it was discovered that while economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment, we see …