Animal Law Commons^™

Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman

Pace Law Review

Part I of this article uses the empirical research of experts (animal behaviorists, ethologists, and cynologists) to explain reasons canine companions and their humans love riding together. It also highlights the potential risks when dogs distract drivers. Acknowledging that only a few studies exist, it provides whatever statistics are available and posits that data strongly suggest dogs who are roaming free in a car cause or at least contribute to many accidents. This means, in addition to drivers and passengers in other vehicles and even pedestrians, these animals represent a significant potential danger to themselves and occupants of their car …

Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. VáZquez

Washington and Lee Law Review Online

No abstract provided.

The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen

Indiana Law Journal

I. THE HIPPODROME OF THE GODS: RACING AGAINST ECOLOGICAL AND

EVOLUTIONARY APOCALYPSE....................................................................... 304

II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES

TO BIODIVERSITY LOSS .................................................................................... 310

A. OVERKILL ........................................................................................... 310

B. ALIEN INVASIVE SPECIES ..................................................................... 316

C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT .................. 321

1. ISLAND BIOGEOGRAPHY .............................................................. 321

2. PUBLIC LANDS MANAGEMENT..................................................... 325

III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO

GLOBAL COMMONS .......................................................................................... 329

A. ENDANGERED SPECIES ACT MECHANICS .............................................. 330

1. LISTING ENDANGERED AND THREATENED SPECIES....................... 330

2. CRITICAL HABITAT ..................................................................... 333

3. INTERAGENCY CONSULTATION .................................................... 333

B. HABITAT CONSERVATION ON PRIVATE LANDS...................................... 335

C. …

Legal History And Rights For Nonhuman Animals: An Interview With Steven M. Wise, Angela Fernandez

Dalhousie Law Journal

This article offers a window into the recent work of the Nonhuman Rights Project (NhRP) and its quest to secure legal personhood for cognitively advanced nonhuman animals (chimpanzees, elephants, and orcas). Law& History Professor Angela Fernandez interviews Nonhuman Rights Project founder Steven Wise about the work of his organization, setting the litigation strategy of the NonHuman Rights Project against the background of Wise's historical work on the 1772 British case that ended slavery in England, Somerset v. Stewart. The conversation Fernandez has with Wise ranges across the most recent decisions of the Nonhuman Rights Project cases, what has happened since …

The Animal Protection Commission: Advancing Social Membership For Animals Through A Novel Administrative Agency, John Maccormick

Dalhousie Law Journal

If the state sought to improve law's treatment of nonhuman animals, what form should its intervention take? This paper questions the assumption that the state would have to choose between incremental welfare reforms and an immediate transition to animal personhood. Drawing on Martha Nussbaum's capabilities theory and on Sue Donaldson and Will Kymlicka's political approach to animal rights, it argues that the focus should be on how the relationship between human and nonhuman animals can be improved. It suggests that the state could intervene by creating an administrative agency with just this task; and that it could look to labour …

Beyond Rights And Welfare: Democracy, Dialogue, And The Animal Welfare Act, Jessica Eisen

University of Michigan Journal of Law Reform

The primary frameworks through which scholars have conceptualized legal protections for animals—animal “rights” and animal “welfare”—do not account for socio-legal transformation or democratic dialogue as central dynamics of animal law. The animal “rights” approach focuses on the need for limits or boundaries preventing animal use, while the animal “welfare” approach advocates balancing harm to animals against human benefits from animal use. Both approaches rely on abstract accounts of the characteristics animals are thought to share with humans and the legal protections they are owed as a result of those traits. Neither offers sustained attention to the dynamics of legal change …

Saving Species, One Individual At A Time: Zoo Veterinarians Between Welfare And Conservation, Irus Braverman

Journal Articles

The role of zoo veterinarians has changed significantly in the last several decades, reflecting and revealing broader transformations in zoo culture, especially among North American accredited zoos. This article draws on several interviews with prominent zoo vets, as well as on regulations that pertain to their work, to highlight their current position at the nexus of animal health and welfare, on the one hand, and of species conservation, on the other hand. The transformation of zoos into conservation institutions in particular has resulted in the vets’ novel focus on the sustainability of populations and their intensified involvement in in situ …

Cognitively Impaired Human, Intelligent Animals, And Legal Personhood, Richard L. Cupp

Florida Law Review

This Article analyzes whether courts should grant legal personhood to intelligent animal species, such as chimpanzees, with a particular focus on comparisons made to cognitively impaired humans whom the law recognizes as legal persons even though they may have less practical autonomy than intelligent animals. Granting legal personhood would allow human representatives to initiate some legal actions with the animals as direct parties to the litigation, as the law presently allows for humans with cognitive impairments that leave them incapable of representing their own interests. For example, a human asserting to act on behalf of an intelligent animal might seek …

Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Luke Trompeter, Ingrid Lesemann

Sustainable Development Law & Policy

No abstract provided.

Militarization Of Conservation, Daniel Ryan Michel

Dissertations, Theses, and Capstone Projects

The world is facing biological diversity extinction of its wildlife solely caused by humans. One of the leading causes of the extinction crisis is attributed to poaching and the illegal trade of wildlife products. In search of finding suitable methods to curb the crisis, a dichotomy of overarching solutions has arisen: those who have advocated for community-based natural resource management and those who support militarized conservation. The focus of this paper is to delineate which method is, if any, the most appropriate when combatting poaching and the illegal wildlife trade. Concentrating on elephants (both African and Asian) and the rhinoceros, …

Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein

Brandeis School of Law Faculty Scholarship

This is an expanded and updated version of an article published in 23 ANIMAL L.13 (2018). It examines how disability discrimination policy clarifies when animals may be allowed as accommodations in various settings. It provides basic statutory and regulatory framework for these settings, administrative agency guidance, and judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on higher education institutions and health care settings.

Localism, Labels And Animal Welfare, Samuel R. Wiseman

Scholarly Publications

The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanelyraised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …

Administrative License Renewal And Due Process -- A Case Study, Delcianna J. Winders

Florida State University Law Review

Scholars have recently noted the paucity of scholarship on administrative licenses as especially significant given the prevalence-indeed ubiquity-of administrative licenses today.This Article contributes to filling that void by tackling an aspect of administrative licensing that has received especially little attention and, as a result, has been a source of serious confusion: license renewals. As this Article details, administrative license renewal practices raise interesting and important questions about administrative law and procedural due process. Does one have a property interest in a license after that license expires by its terms? Is an agency's decision not to renew a license more akin …

If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal's Intelligence For Determinations Of Legal Personhood, Paul Mclaughlin

Scholarly Works

No abstract provided.

Puppies, Ponies, Pigs, And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein

Animal Law Review

This Article addresses how disability discrimination policy clarifies when animals might be allowed as accommodations in various settings. It provides the basic statutory and regulatory framework for these settings, additional administrative agency guidance, and some judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on (1) higher education institutions because those settings have the potential of incorporating several different types of settings and (2) health care settings because of the particular concerns about health and safety.

'Ruff' Justice: Canine Cases And Judicial Law Making As An Instrument Of Change, Richard Jochelson, James Gacek

Animal Law Review

The regulation of animals in North America should be apprised of evolving socialities. As the judiciary encounters situations of contestation between humans and animals in adjudication, it should take notice of the emergence of animal recognition in Western societies. Law is apprised of sociality, can absorb social information, and may, at times, reflect how citizens view issues of justice. What was once innocent behavior can be reconstituted as criminal through the adjudicative exercise (and vice versa). In this Paper, we investigate socio-legal constructions of ‘the animal’ in two recent North American adjudications. In two recent cases, R. v. D.L.W. and …

Desmond's Law: A Novel Approach To Animal Advocacy, Jessica Rubin

Animal Law Review

In May of 2016, the Connecticut Legislature passed Public Law 16-30, informally called Desmond’s Law. This law allows courts to appoint supervised law students or volunteer lawyers to advocate for the interests of justice in animal cruelty cases. Desmond’s Law institutes a novel approach to animal cruelty cases—advocates support the prosecution and sentencing of individuals charged with animal cruelty offenses and promote enforcement of historically under-utilized anti-cruelty laws. Based upon the author’s personal experience conceiving and implementing Desmond’s Law, this Article aims to aid legislators, judges, and advocates in creating legislation modeled on Connecticut’s Desmond’s Law. This Article also aims …

The Endangered Species Act As Applied To Captive Animals: Sea Shepherd Legal's Amicus Brief In Peta V. Miami Seaquarium, Sea Shepherd Legal

Animal Law Review

This Article contains Sea Shepherd Legal’s (SSL) amicus brief in the matter of People for the Ethical Treatment of Animals v. Miami Seaquarium, an ongoing litigation concerning the captive orca known as “Lolita.” SSL filed this brief for two reasons. First, the conditions under which Lolita is held are at once particularly illegal and immoral. Lolita’s conditions of captivity violate both the Endangered Species Act (ESA) and the Animal Welfare Act (AWA), all while imposing continuous harm on a highly intelligent being in the name of entertainment. Second, the decision in this case frustrates the logic of the underlying laws. …

2017 State Legislative Review, Adrienne Craig

Animal Law Review

No abstract provided.

2017 International Review, Ashlyn Whitbeck

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 Volume 24, Issue 2, 2018.

"We The Pit Bulls": The Fate Of 'Pit Bulls' Under The United States Constitution, Will Lowrey

Animal Law Review

Across the United States, thousands of pit bull type-dogs are legally discriminated against by laws that punish them based solely on their appearance. For over three decades, dozens of towns and cities across the country have overwhelmingly blamed dog bites and public safety concerns on one particular type of dog. These laws take various forms, from complete bans to public muzzling to fencing requirements, but all invariably subject pit bulltype dogs to conditions and requirements not imposed on most other breeds. Through dozens of legal challenges, advocates for pit bull-type dogs have attempted to use the Constitution to attack the …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 25, Issue 1, 2018.

Frankly My Dear, I Don’T Want A Dam: Refocusing Dam Removal Priorities To Protect Endangered Salmon Now, Skylar Sumner

Animal Law Review

Dams are a critical threat to salmon habitat and population recovery. While much progress has been made in the past few years with dam removal, the more quickly dams are removed, the greater chance that salmon can be restored to their historic ranges. In the Pacific Northwest, dams are a particular threat to salmon. Many regulatory tools can be used to bring dams into compliance, but there is often much resistance to these efforts. This Essay proposes that by targeting dilapidated private dams opposed to functional ones on public land, compliance or removal will be achieved with less resistance and …

Protest Of Controversial Art In New York City Museums In 2017-2018: Reactions, Responses, And Legal/Ethical Obligations Of Museums In The Age Of #Metoo, #Blacklivesmatter, And Activism On The Internet., Isabel Telonis

MA Theses

Over the last two years, museums in New York City have experienced a rise in protest and backlash against the display of works of art, particularly those that are perceived as offensive, controversial, and relevant to current sociopolitical issues.

This thesis explores three case studies of controversy at the Metropolitan Museum of Art, the Whitney Museum of American Art, and the Solomon R. Guggenheim Museum, all of which faced protest and public criticism over particular works of art and responded in a unique way to their respective scandal. This study is comprised of an introduction, four chapters, and a conclusion. …

The "Moo"Ve To Renewable Energy In Kentucky Begins With The Dairy Industry, Lucero Tennis

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Keeping Man's Best Friend His Best Friend: Why Minors Should Not Witness Animal Abuse And Legislation That Can Prevent This Exposure, Kaleah M. Ault

Valparaiso University Law Review

No abstract provided.

Animals In Transport Languish As Twenty-Eight Hour Law Goes Off The Rails, Michelle Pawliger, Dena Jones

Animal Law Review

This Article seeks to identify how the U.S. Twenty-Eight Hour Law, requiring feeding, water, and rest for specific animals being transported after twenty-eight hours of travel, is not being adequately enforced by United States Department of Agriculture (USDA) or United States Department of Transportation (DOT). In this Article, AWI first establishes the legal background of the Twenty-Eight Hour Law and subsequent regulations implemented by the USDA and DOT. Next, AWI discusses the recent history of the law’s implementation, or lack thereof, by these Departments and enforcement protocol of the Investigative and Enforcement Services for the Animal and Plant Health Inspection …