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Articles 31 - 60 of 68
Full-Text Articles in Animal Law
Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining
Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining
Book Chapters
'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 after the Second World War. 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. The word 'individual' came naturally to Taylor the lawyer as a starting point, and with …
Empowering Market Regulation Of Agricultural Animal Welfare Through Product Labeling, Sean P. Sullivan
Empowering Market Regulation Of Agricultural Animal Welfare Through Product Labeling, Sean P. Sullivan
Animal Law Review
In many Western nations, rising public concern about the welfare of agricultural animals is reflected in the adoption of direct regulatory standards governing the treatment of these animals. The United States has taken a different path, tending to rely on a “market-regulation” approach whereby consumers express their desire for specific welfare practices through their purchasing decisions. This Article explores the failure of market regulation and the welfare-preference paradox posed by consumers who express a strong preference for improved animal welfare in theory, but who simultaneously fail to demand heightened welfare standards in practice. It argues that market regulation is failing …
An Analysis Of Factors Responsible For The Decline Of The U.S. Horse Industry: Why Horse Slaughter Is Not The Solution, John Holland, Laura Allen
An Analysis Of Factors Responsible For The Decline Of The U.S. Horse Industry: Why Horse Slaughter Is Not The Solution, John Holland, Laura Allen
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Survey Of Damages Measures Recognized In Negligence Cases Involving Animals, Alison M. Rowe
Survey Of Damages Measures Recognized In Negligence Cases Involving Animals, Alison M. Rowe
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Mirror, Mirror In The Stall: Animal Cloning And Its Legal Implications For Equine Registry Associations, Mary W. Craig
Mirror, Mirror In The Stall: Animal Cloning And Its Legal Implications For Equine Registry Associations, Mary W. Craig
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Lasix And Horseracing: Till Death Do Them Part, Wes Bright
Lasix And Horseracing: Till Death Do Them Part, Wes Bright
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia
Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Unbridled "Spirits": An Integrated Analysis Of The Law, The Science, And The Future Of Thoroughbred Medication, Alexandra D. Logsdon
Unbridled "Spirits": An Integrated Analysis Of The Law, The Science, And The Future Of Thoroughbred Medication, Alexandra D. Logsdon
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Twenty Years And Change, David Favre
Twenty Years And Change, David Favre
Animal Law Review
This Introduction provides an overview of the evolution of animal law over the past twenty years, demonstrating how changes in the law, social awareness, and legal education have directly affected this field. This Introduction describes both the positive and negative changes that have taken place, from the banning of dogfighting and cockfighting by federal law and some state laws; a spread in voter-adopted legislation providing for the protection of agricultural animals; and movements to reduce the use of chimpanzees in animal research; to the limitations of the Animal Welfare Act; changes in the United States Department of Agriculture (USDA) policy …
From The Halls Of Congress To The Shores Of The Little T: The Snail Darter And The Dam: How Pork-Barrel Politics Endangered A Little Fish And Killed A River By Zygmunt J. B. Plater, Sara Blankenship
Animal Law Review
The snail darter has become a symbol of environmental extremism. In reality, however, the farmers, members of the Cherokee Nation, and concerned citizens were simply fighting to keep the Tennessee Valley Authority (TVA)’s Tellico Dam from destroying the last free-flowing miles of the Little Tennessee River. This Book Review examines the work of Zygmunt J.B. Plater, the law professor who, along with ordinary citizens, fought their case all the way to the United States Supreme Court in defense of their river, the snail darter, and the Endangered Species Act. Plater reveals the truth behind the landmark TVA v. Hill case …
2012 Federal Legislative Review, Carolyn Greenshields, Kimberly White Laduca
2012 Federal Legislative Review, Carolyn Greenshields, Kimberly White Laduca
Animal Law Review
No abstract provided.
U.S. Ivory Trade: Can A Crackdown On Trafficking Save The Last Titan?, Beth Allgood, Marina Ratchford, Peter Lafontaine
U.S. Ivory Trade: Can A Crackdown On Trafficking Save The Last Titan?, Beth Allgood, Marina Ratchford, Peter Lafontaine
Animal Law Review
Rampant poaching has put African elephants on the verge of extinction in the wild, and the United States (U.S.) is complicit in this crisis. Despite the best efforts of federal agencies, porous national borders, legal loopholes, and deep-seated difficulties in law enforcement make the U.S. a major market for illicit ivory. While the White House, the United Nations, and the European Union, along with other voices, are sounding alarms, bold and concrete actions have been slow in coming. The U.S., in particular, is only beginning to acknowledge its own role in the slaughter, and still relies on a patchwork of …
Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes
Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes
Animal Law Review
This Note evaluates the methods advocates have taken toward furthering great ape protection in the United States (U.S.). Many animal advocates argue that abolishing animals’ property status is essential to establishing effective protections; nonetheless, it will take time for our society to accept the concept of legal personhood for animals. Therefore, this Note suggests that for the time being, great ape protection should be framed in a human context, to protect animals within the existing, property-based animal law system. In general, this Note provides background on the property status of animals in the U.S., specifically analyzes the legal status of …
What Is Animal Law?, Jerrold Tannenbaum
What Is Animal Law?, Jerrold Tannenbaum
Cleveland State Law Review
This Article considers a critically important issue facing the new field of animal law: how to define animal law itself. Two sharply different general approaches to defining the area currently vie for support. One defines animal law as committed to advocacy on behalf of animals, including, for many proponents of this approach, promotion of animal rights. The competing approach defines animal law in a purely descriptive manner, as (roughly) the area of law that relates to animals, whatever substantive principles regarding animals the law may adopt. The Article demonstrates that advocacy-oriented definitions violate fundamental standards of definition and conflict with …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 19, Issue 2, 2013.
Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith
Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith
Animal Law Review
In the United States, violent use of “bullhooks”—sharpened, steel-tipped rods—on captive elephants at carnivals, circuses, and zoos is all too routine. Yet animal-welfare advocates struggle to protect elephants from the (mis)use of bullhooks under the current regulatory regime. At the federal level, advocates cannot consistently rely on either the Animal Welfare Act or the Endangered Species Act, due to these statutes’ narrow provisions, standing limitations, and inconsistent enforcement. State animal-protection laws are equally deficient, as only two states have defined suffering and abuse clearly enough in their statutes to enable effective prosecution of elephant mistreatment, and plaintiffs in even these …
Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan
Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan
Animal Law Review
No abstract provided.
2012 State Legislative Review, Laura Hagen
A Slave By Any Other Name Is Still A Slave: The Tilikum Case And Application Of The Thirteenth Amendment To Nonhuman Animals, Jeffrey S. Kerr, Martina Bernstein, Amanda S. Schwoerke, Matthew D. Strugar, Jared Goodman
A Slave By Any Other Name Is Still A Slave: The Tilikum Case And Application Of The Thirteenth Amendment To Nonhuman Animals, Jeffrey S. Kerr, Martina Bernstein, Amanda S. Schwoerke, Matthew D. Strugar, Jared Goodman
Animal Law Review
On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this country—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amendment. The case presented, for the first time, the question of whether the Thirteenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpinnings, and argues that the district court’s opinion ultimately dismissing the suit failed …
Lukumi At Twenty: A Legacy Of Uncertainty For Religious Liberty And Animal Welafere, James M. Oleske Jr.
Lukumi At Twenty: A Legacy Of Uncertainty For Religious Liberty And Animal Welafere, James M. Oleske Jr.
Animal Law Review
Twenty years after the United States Supreme Court’s decision in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, uncertainty reigns in the lower courts and among commentators over the issue of constitutionally compelled religious exemptions. Despite the Court’s general disavowal of such exemptions in Employment Division v. Smith, Lukumi appeared to breathe life into a potentially significant exception to Smith. Under that exception—which this Article calls the “selective-exemption rule”—the Free Exercise Clause may still require religious exemptions from a law when the government selectively makes available other exemptions from that law. This Article addresses the key unresolved …
The First Animal Law Journal, Twenty Volumes Later, Melissa Young
The First Animal Law Journal, Twenty Volumes Later, Melissa Young
Animal Law Review
Twenty volumes is no small feat for an independently funded, entirely student-run journal. With a total staff of twenty students, including a small Board comprised of Editor in Chief, James Goldstein, Jr.; Managing Editor, William Fig; Articles Editor, Kelly Jeffries; and Form and Style Editor, Benjamin Allen, Animal Law published the inaugural volume of the world’s first animal law journal in 1995.1 This landmark event was the result of the hard work of Lewis & Clark students, with some key support. In this first volume, Animal Law gave “special thanks to Benjamin Allen for his hard work and dedication in …
Meat Labeling Through The Looking Glass, Bruce Friedrich
Meat Labeling Through The Looking Glass, Bruce Friedrich
Animal Law Review
The United States Department of Agriculture (USDA) regulates meat labeling under the statutory authority of the Federal Meat Inspection Act (FMIA). The FMIA’s labeling preemption clause prohibits labeling requirements beyond federal requirements, and would thus preclude state causes of action on the basis of deceptive labels that were properly approved under federal law. Through the eyes of Kat, a hypothetical consumer concerned with the origins of the meat she purchases for her family, this Article argues that consumers should be able to pursue state law claims based on fraudulent animal welfare labels on packages of meat. This is true for …
Legislation To Protect The Welfare Of Fish, Kelly Levenda
Legislation To Protect The Welfare Of Fish, Kelly Levenda
Animal Law Review
This Article examines the marginalization of fish under current animal welfare laws and regulations, explores the treatment of farm-raised fish during transport and slaughter, and proposes legislation and regulations in these two areas. While evidence indicates that fish are capable of experiencing pain, fear, and suffering—the traditional considerations informing concepts of animal welfare—current pre-slaughter transport and slaughter practices are completely uninformed by notions of fish welfare. Comparing the cognitive and sensory capacities of fish to other animals currently receiving animal welfare recognition through official regulation, this Article argues that protections afforded to animals during transport and slaughter should similarly apply …
Not Alll Dogs Go To Heaven: Judaism's Lessons In Beastly Morality, Mark Goldfeder
Not Alll Dogs Go To Heaven: Judaism's Lessons In Beastly Morality, Mark Goldfeder
Animal Law Review
This Essay examines the moral status of animals and the definition of humanity under traditional Jewish law, as contained in Biblical texts and commentaries by ancient and historical Jewish scholars. Examining whether animals are capable of moral behavior, it provides examples from various Judaic sources to support the idea that animals are capable of making conscious, moral choices. This Essay goes on to investigate the effect that morality has on the rights and rewards given to animals under Jewish law, and whether, as conscious moral actors, animals have souls. Turning more broadly to the definition of humanity, this Essay discusses …
Reconciling The Migratory Bird Treaty Act With Expanding Wind Energy To Keep Big Wheels Turning And Endangered Birds Flying, Robert J. Martin, Rob Ballard
Reconciling The Migratory Bird Treaty Act With Expanding Wind Energy To Keep Big Wheels Turning And Endangered Birds Flying, Robert J. Martin, Rob Ballard
Animal Law Review
The Migratory Bird Treaty Act (MBTA) has proven invaluable in minimizing the destruction of the 240 avian species listed by its enforcement agency, the United States Fish and Wildlife Service (FWS), as “endangered or threatened” or “birds of conservation concern.”Recently, however, the Act is faced with a new challenge: How can it continue to achieve its objective when a highly desirable domestic source of sustainable energy—wind power—is experiencing unprecedented growth? Ever-larger wind projects propelled by giant turbines have become a serious danger to the existence of migratory birds and their natural habitats. Yet most policy makers strongly welcome and support …
Shocked, Horrified, Sickened: How Cigarettes (And The Lessons From The Tobacco Litigation) Can Take Years Off Animal-Based Food Industries, Amanda Winalski
Shocked, Horrified, Sickened: How Cigarettes (And The Lessons From The Tobacco Litigation) Can Take Years Off Animal-Based Food Industries, Amanda Winalski
Animal Law Review
Animal-based food industries—meat, egg, and dairy—have a history of opposing even relatively minor attempts to reduce human consumption of animal-based foods. In the face of growing evidence that eating meat, eggs, and dairy is detrimental to human health, these industries and their supporters maintain the opposite: that these foods are essential for a healthy diet and have no negative impact as normally consumed. Recognizing parallels between animal-based food industries and another industry heavily invested in maintaining the notion that its product was benign as normally consumed, this Article argues the tobacco litigation saga holds instructive lessons for combatting the current …
Not All Dogs Go To Heaven: Judaism’S Lessons In Beastly Morality, Mark Goldfeder
Not All Dogs Go To Heaven: Judaism’S Lessons In Beastly Morality, Mark Goldfeder
Scholarly Works
This Essay examines the moral status of animals and the definition of humanity under traditional Jewish law, as contained in Biblical texts and commentaries by ancient and historical Jewish scholars. Examining whether animals are capable of moral behavior, it provides examples from various Judaic sources to support the idea that animals are capable of making conscious, moral choices. This Essay goes on to investigate the effect that morality has on the rights and rewards given to animals under Jewish law, and whether, as conscious moral actors, animals have souls. Turning more broadly to the definition of humanity, this Essay discusses …
Law And Religion For Nonhuman Persons, Mark Goldfeder
Law And Religion For Nonhuman Persons, Mark Goldfeder
Scholarly Works
On December 2, 2013, the Nonhuman Rights Project (NHRP), a national nonprofit organization working to get actual legal rights for members of nonhuman species filed a lawsuit in Fulton County, New York petitioning the judges for a writ of habeas corpus. A habeas corpus allows for a person being held captive to be brought before a court to determine if their imprisonment is lawful. Habeas corpus suits are filed all the time; what made this one historic was that it was not filed for a human being. The writ in question asked the court to formally recognize that a 26 …
A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull
A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull
Student Competition & Published Writings
The locavore movement and similar trends in sustainable agriculture and health are renewing interest in backyard residential chicken coops. This Article analyzes some of the regulatory approaches cities and towns have taken to address backyard residential chicken coops. The Article focuses on how regulation can support and encourage the beneficial aspects of keeping backyard chickens while mitigating the potential harmful impact of excessive or irresponsibly managed residential chicken coops. In particular, the Article examines common trends in local regulation, like limits on the number and sex of birds allowed in each residential yard, setback and structural requirements, and animal welfare …