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Animal Law Commons™

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2014

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Institution
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Articles 31 - 46 of 46

Full-Text Articles in Animal Law

Harming The Tinkerer: The Case For Aligning Standing And Preliminary Injunction Analysis In The Endangered Species Act, Danny Lutz Jan 2014

Harming The Tinkerer: The Case For Aligning Standing And Preliminary Injunction Analysis In The Endangered Species Act, Danny Lutz

Animal Law Review

Reviewing preliminary injunction motions under the Endangered Species Act (ESA), most district courts evaluate “irreparable harm” through one of two lines of analysis. One line, promoted by property rights interest groups, reasons that individual mortalities might not constitute irreparable harm if they do not impact survival of the species. In contrast to this “species-level harm” analysis, another approach argues that “individual-level harm” suffices because it is irreparable to the animal. The recent First Circuit opinion in Animal Welfare Institute v. Martin attempts, but ultimately fails, to bridge the divide over which level of analysis to apply for irreparable harm under …


The Bestiality Proscription: In Search Of A Rationale, Antonio M. Haynes Jan 2014

The Bestiality Proscription: In Search Of A Rationale, Antonio M. Haynes

Animal Law Review

Addressing a taboo rarely discussed in scholarly works, this Ar­ticle analyzes frequently advanced arguments supporting prohibitions on bestiality. Though on a superficial level the ar­guments seem appealing, upon closer inspection the standard justifications break down under internal inconsistencies. A dif­ferently constructed theory may not only provide a rationalized, consistent basis for regulating bestiality, but also lend greater coherence to laws regulating sexuality in general. Part II of this Article explores arguments related to consent; Part III dis­cusses bestiality impermissibly using animals as a means; Part IV examines public health arguments, largely relating to those diseases that can spread easily from …


Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton Jan 2014

Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton

Animal Law Review

This Article, presented by a former general counsel for WildEarth Guardians, discusses the organization’s attempts to protect imperiled species under the Endangered Species Act (ESA). By comparing extinction patterns from the past, we can see that the human impact on the Earth’s biodiversity is similar to that caused by past geological catastrophes. The ESA is the Noah’s Ark of our time, providing the best opportunity to help stem the tide of extinction. In analyzing the ESA, it is clear that the Act serves important human interests and is effective when utilized as intended. However, the United States Fish & Wildlife …


2013 State Legislative Review, Cameron Taylor Jan 2014

2013 State Legislative Review, Cameron Taylor

Animal Law Review

No abstract provided.


The Endangered Species Act At Forty: The Good, The Bad, And The Ugly, Daniel J. Rohlf Jan 2014

The Endangered Species Act At Forty: The Good, The Bad, And The Ugly, Daniel J. Rohlf

Animal Law Review

No abstract provided.


When Cheaters Prosper: A Look At Abusive Horse Industry Practices On The Horse Show Circuit, Kjirsten Sneed Jan 2014

When Cheaters Prosper: A Look At Abusive Horse Industry Practices On The Horse Show Circuit, Kjirsten Sneed

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Towards The Heart Of The Sport: A Sporting Perspective On Abraham & Veneklasen Joint Venture V. American Quarter Horse Association, Samuel D. Hinkle, Maria Gall Jan 2014

Towards The Heart Of The Sport: A Sporting Perspective On Abraham & Veneklasen Joint Venture V. American Quarter Horse Association, Samuel D. Hinkle, Maria Gall

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael C. Blumm, Kya B. Marienfeld Jan 2014

Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael C. Blumm, Kya B. Marienfeld

Animal Law Review

The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently conceded that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions. In this Article, we explain those decisions—involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse—and their implications. We conclude with some surprising observations about the Obama Administration’s apparent endorsement of …


The Lizard, The Scientist, & The Lawmaker: An Analysis Of The Trending Fight Over The Use Of Science Under The Endangered Species Act And How To Address It, Brie D. Sherwin Jan 2014

The Lizard, The Scientist, & The Lawmaker: An Analysis Of The Trending Fight Over The Use Of Science Under The Endangered Species Act And How To Address It, Brie D. Sherwin

Animal Law Review

Recently in Texas, the dunes sagebrush lizard—a tiny, little-known reptile living in the sparse brush and dunes of the oil and gas fields—sparked a heated discussion and criticism over the listing process under the Endangered Species Act (ESA). This six-year battle ended with the withdrawal of a proposed rule to list the lizard and resulted in numerous criticisms about the role and use of scientific data throughout the process. Under the ESA, the United States Fish & Wildlife Service (FWS) is required to consider the best available scientific data when deciding whether to list a species. However, there is no …


Front Matter Jan 2014

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 21, Issue 1, 2014.


You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki Jan 2014

You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki

Animal Law Review

Feral dogs occupy an ambiguous position, challenging standard categories of domestication, wildness, and property ownership. This ambiguity, in turn, complicates the legal status of feral dogs. Feral dogs' property status is particularly critical, as whether a feral dog is owned by someone, or no one at all, hold implications not only for civil and criminal liability in incidents involving feral dogs, but also the legal ability of animal rescue organizations to intervene in the lives of feral dogs. Part II of this Article summarizes the application of property law to ani­mals, particularly highlighting the role played by an animal's status …


Dog Meat Trade In South Korea: A Report On The State Of The Trade And Efforts To Eliminate It, Claire Czajkowski Jan 2014

Dog Meat Trade In South Korea: A Report On The State Of The Trade And Efforts To Eliminate It, Claire Czajkowski

Animal Law Review

Within South Korea, the dog meat trade occupies a liminal le­gal space-neither explicitly condoned, nor technically prohib­ited. As a result of existing in this legal gray area, all facets of the dog meat trade within South Korea-from dog farms, to transport, to slaughter, to consumption-are poorly regulated and often obfuscated from review. In the South Korean context, the dog meat trade itself not only terminally impacts millions of canine lives each year, but resonates in a larger national con­text: raising environmental concerns, and standing as a proxy for cultural and political change. Part II of this Article describes the nature …


"Cut The Dog In Half": Resolving Animal Law Disputes Through The Use Of Alternative Dispute Resolution, Michael Ploudre Kaiser Jan 2014

"Cut The Dog In Half": Resolving Animal Law Disputes Through The Use Of Alternative Dispute Resolution, Michael Ploudre Kaiser

Cardozo Journal of Conflict Resolution

In this article, I discuss ADR within the context of three types of animal law issues. In Part I, I discuss animal custody disputes, which I have found to be very well-suited to resolution by means of mediation. In Part II, I discuss the debate surrounding laboratory testing on animals and the reasons why several current approaches to this issue are insufficient and wasteful of resources. I outline how mediation has the potential to bridge differences and find at least short-term workable resolutions to a highly charged issue, which in turn may lead to longer-term resolutions. Lastly, in Part III, …


For The Birds: Wind Energy, Dead Eagles, And Unwelcome Surprises, Sam Panarella Jan 2014

For The Birds: Wind Energy, Dead Eagles, And Unwelcome Surprises, Sam Panarella

Faculty Law Review Articles

Wind turbines kill birds. A lot of birds. You would be hard pressed to find someone who is happy with that fact, including anyone in the wind energy development community. But until and unless there are technological advances in wind turbine design that eliminate their deadly impact on birds, it is something we must accept. Of course, acceptance does not and should not mean issuing a blank check to wind energy developers to wantonly injure birds. To do so would violate both the spirit and letter of a host of environmental laws that have at their core a stubborn insistence …


Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See Jan 2014

Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See

Research Collection Yong Pung How School Of Law

Animal law is a little-known subject in Singapore. However, the increase in public awareness and concern about animal welfare issues demand that more attention is directed at the legal aspects of such issues. An opportunity to examine this area of the law arose in the case of Ling Chung Yee Roy. The District Court, presided by District Judge Ng Peng Hong, had to decide whether the accused was guilty of an animal cruelty offence under s. 42(1)(e) of the Animals and Birds Act. The majority of animal cruelty complaints were against pet owners, of which a significant number concerned the …


Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border, Marya Torrez Jan 2014

Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border, Marya Torrez

Cardozo Journal of Equal Rights & Social Justice

The article argues that the oppression of nonhuman animals and marginalized humans, particularly women of color and low-income women, are deeply interconnected, especially through reproductive exploitation. It contends that the reproductive justice movement must expand its scope to include nonhuman animals, as their exploitation mirrors and perpetuates the oppression of marginalized humans. The article emphasizes that achieving true reproductive justice requires addressing the intertwined systems of domination based on species and sex.