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Articles 61 - 84 of 84
Full-Text Articles in Animal Law
6,083 Dogs Shot And Killed: The Unknown Puppycide Epidemic In America, Genette Gaffney
6,083 Dogs Shot And Killed: The Unknown Puppycide Epidemic In America, Genette Gaffney
Animal Law Review
Wrongful police killings of companion dogs is gaining attention on local and national levels. Efforts to hold officers accountable are often stalled by a qualified immunity provided to officers under the Fourth Amendment and the lack of state laws and policies providing protection to domesticated animals. This article examines case law on qualified immunity—and state statutes offering canine protection—and suggests different policies that may be implemented to afford better protection to our pets and citizens. Part I provides a brief background on why dog shootings persist and provides examples of dogs shot and killed by police. Part II discusses and …
2017 Federal Legislative Review, Samuel Pope
Animal Property Rights, Karen Bradshaw
Animal Property Rights, Karen Bradshaw
University of Colorado Law Review
The animal rights movement largely focuses on protecting species whose suffering is most visible to humans, such as pets, livestock, and captive mammals. Yet, we do not observe how unsustainable land development and fishing practices are harming many species of wildlife and sea creatures. Fish and wildlife populations have recently suffered staggering losses, and they stand to lose far more. This Article proposes a new legal approach to protect these currently overlooked creatures. I suggest extending property rights to animals, which would allow them to own land, water, and natural resources. Human trustees would manage animal-owned trusts managed at the …
Animals As Living Accommodations, Ani B. Satz
Animals As Living Accommodations, Ani B. Satz
Faculty Articles
Animals as “living accommodations” is a concept I first developed and used in 2006, in my disability and animal law courses, to describe nonhuman animals who either provide service or emotional support to humans with functional impairments. My goal in using this language is to emphasize the important differences between employing living animals and inanimate tools of assistance to promote meaningful access to work, public services, places of public accommodation, and public transportation. The differences may be viewed from the perspectives of a variety of stakeholders, including: individuals with disabilities and other impairments; businesses accommodating such individuals; members of the …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 24, Issue 1.
Regulating Fake Assistance Animals: A Comparative Review Of Disability Law In Australia And The United States, Paul Harpur, Simon Bronitt, Peter Billings, Martie-Louise Verreynne, Nancy Pachana
Regulating Fake Assistance Animals: A Comparative Review Of Disability Law In Australia And The United States, Paul Harpur, Simon Bronitt, Peter Billings, Martie-Louise Verreynne, Nancy Pachana
Animal Law Review
The United Nations Convention on the Rights of Persons with Disabilities [CRPD] provides that persons with a disability have the right to be accompanied by an assistance animal to provide living accommodations in the navigation of routine daily activities. The CRPD imposes upon states an obligation to identify and to eliminate obstacles and barriers to accessibility (Art 9), as well as to take effective measures to ensure personal mobility with the greatest possible independence (Art 20). This extends to recognising the rights of persons with disabilities to be accompanied by assistance animals. In jurisdictions like Australia and the United States, …
Animal Rights In The Shadow Of The Constitution, Ariel L. Bendor, Hadar Dancig-Rosenberg
Animal Rights In The Shadow Of The Constitution, Ariel L. Bendor, Hadar Dancig-Rosenberg
Animal Law Review
In this Article, we consider whether granting constitutional protections can improve animal welfare. To that end, we carry out a comparative analysis of legal systems that protect animal rights by constitutional tools, identify and analyze the ideas underlying those protections, and explore their adaptability. Focusing mainly on the Israeli case, we argue that constitutional law cannot provide adequate protections for animals and, contrary to the conventional wisdom, might even impair their protection.
Canines In The Classroom: Issues Relating To Service Animals In Primary And Secondary Educational Institutions After Fry V. Napoleon Community Schools, Rebecca J. Huss
Canines In The Classroom: Issues Relating To Service Animals In Primary And Secondary Educational Institutions After Fry V. Napoleon Community Schools, Rebecca J. Huss
Animal Law Review
The Supreme Court’s decision in Fry v. Napoleon Community Schools in February 2017 provides important guidance for advocates for students with disabilities partnered with service animals and school districts; however, areas of potential conflict remain. This Article reviews that Supreme Court decision and analyzes other recent cases to illustrate some of the complicated issues that may arise when students with disabilities want to be accompanied by their service animals in schools.
Ritual Slaughter, Federal Preemption, And Protection For Poultry: What Legislative History Tells Us About Usda Enforcement Of The Humane Slaughter Act, Bruce Friedrich
Ritual Slaughter, Federal Preemption, And Protection For Poultry: What Legislative History Tells Us About Usda Enforcement Of The Humane Slaughter Act, Bruce Friedrich
Animal Law Review
The one federal law that protects animals raised for food (farm animals) is the Humane Methods of Slaughter Act (HMSA), which, as its name implies, covers only the final moments of animals’ lives. Beyond overall lax enforcement, the United States Department of Agriculture (USDA) has made three interpretive decisions, one with support from the Supreme Court, that have further harmed farm animals: First, USDA exempts the ritual slaughter process from oversight. Second, USDA has thus far refused to protect poultry, who represent more than 98% of slaughtered land animals. And third, USDA has argued, and the Supreme Court agreed, that …
Employers, Got Vegan?: How Ethical Veganism Qualifies For Religious Protection Under Title Vii, Rebecca Schwartz
Employers, Got Vegan?: How Ethical Veganism Qualifies For Religious Protection Under Title Vii, Rebecca Schwartz
Animal Law Review
Currently, employees who decide to go vegan for ethical reasons have no protection at their workplaces. Their employers are free to refuse to accommodate their beliefs whether that be through refusing to accommodate an employee who will not wear the leather piece of a required uniform or refusing to provide a vegan food option at work parties. As more and more Americans make the shift to a vegan lifestyle, this protection is needed now more than ever. This Paper analyzes how an ethical vegan may qualify for employment discrimination protection under Title VII of the Civil Rights Act. In doing …
Looking Behind The Curtain: Achieving Disclosure Of Medical And Scientific Information For Cetaceans In Captivity Through Voluntary Compliance, Heather D. Rally, Donald C. Baur, Matthew Mcfeeley
Looking Behind The Curtain: Achieving Disclosure Of Medical And Scientific Information For Cetaceans In Captivity Through Voluntary Compliance, Heather D. Rally, Donald C. Baur, Matthew Mcfeeley
Animal Law Review
In recent years, increasing concern has emerged within the general public and scientific communities over the detrimental effects of captive maintenance on the health and welfare of cetaceans. There is widespread agreement that the medical records of cetaceans held in captivity are a source of important information that can shed light on the animal health impacts of certain captive conditions, as well as on diseases and environmental threats to cetaceans in the wild. Despite the value of such records to advancing animal husbandry, animal welfare, and wildlife conservation, the medical and behavioral records of cetaceans held in captivity are rou- …
Justice For All?: The Shortcomings And Potentials Of The Capabilities Approach For Protecting Animals, Jennifer Davidson
Justice For All?: The Shortcomings And Potentials Of The Capabilities Approach For Protecting Animals, Jennifer Davidson
Animal Law Review
In her book, Frontiers of Justice, Martha Nussbaum sets out to build upon, and re-envision, John Rawls’ theory of justice. Her goal is to establish a conception of justice that extends to three classes that are not adequately captured in Rawls’ work: people with disabilities, people living in different countries, and nonhuman animals. This Note takes on the last of those three extensions, nonhuman animals. Part I presents a brief overview of the major scholarly approaches to conceptualizing animal rights. Part II lays out the capabilities approach in detail, focusing particularly on its application to nonhuman animals. Part III analyzes …
The Wages Of Blood, Vanessa Hemenway
The Wages Of Blood, Vanessa Hemenway
Animal Law Review
Slaughterhouse workers are largely overlooked by both the animal law community as well as the legal protections supplied by statutes addressing the humane treatment of animals. Like the traumatic ordeals of war, slaughterhouse workers undergo physical, psychological, and emotional injuries akin to soldiers on the front line. The few statutes that cover workers’ injuries in the exercise of their position at the slaughterhouse focus mostly on the physical. While slaughterhouse workers have one of the highest injury rates of any job, the state workers’ compensation statutes fail to address the debilitating and desensitizing emotional effect of animal slaughter. Nonetheless, the …
Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein
Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein
Animal Law Review
This Article discusses the problem of veterinary lien laws that treat companion animals as inanimate objects, in a modern society that often views pets as members of the family. Historically, pets, like automobiles, were subject to possessory liens. If an automobile owner couldn’t pay the repair bill, the mechanic could keep possession of the car or sell the car to recoup costs. Veterinary lien laws treat companion animals in a similar fashion. If the owner cannot not pay the veterinary bill in full, the veterinarian is often permitted to keep possession of the companion animal until the bill is paid. …
The Black Man’S Dog: The Social Context Of Breed Specific Legislation, Ann Linder
The Black Man’S Dog: The Social Context Of Breed Specific Legislation, Ann Linder
Animal Law Review
Hundreds of communities throughout the United States have imposed breed-specific dog laws that prohibit ‘pit bulls’ in the name of public safety. This Article examines the relationship between pit bulls and people of color incorporating new research to argue that these laws may be rooted in racial bias. In such instances, breed-specific bans function as a means of keeping minorities out of majority-white neighborhoods. Finally,
Animals As Living Accommodations, Ani B. Satz
Animals As Living Accommodations, Ani B. Satz
Animal Law Review
This is the first symposium published in a law journal about using nonhuman animals as “living accommodations” for individuals with disabilities. The symposium features the work of both invited participants and speakers chosen from a call for papers issued by The Association of American Law Schools’ (AALS) Section on Animal Law for the AALS 2017 Annual Meeting, which was held in San Francisco, California, in January 2017. This program was co-sponsored by the Sections on Disability Law and Law and Mental Disability.
From War Dogs To Service Dogs: The Retirement And Adoption Of Military Working Dogs, Mackenzie Landa
From War Dogs To Service Dogs: The Retirement And Adoption Of Military Working Dogs, Mackenzie Landa
Animal Law Review
Military Working Dogs (MWD) are canine service members that provide safety, comfort, love, and sometimes their lives to their human teammates. Soldiers rely on these dogs for companionship, support, and protection. However, handler dog teams are often separated when human soldiers return home from deployment. The dogs, classified as property by the Department of Defense, remain overseas and work until they are no longer useful to the military. Once the military decides a MWD is unable to serve, the dog is often left abroad unless a handler or nonprofit organization can fund the dog’s transport back to the United States. …
The Many Sins Of Nepa, Richard A. Epstein
The Comparative Institutions Approach To Wildlife Governance, Dean Lueck
The Comparative Institutions Approach To Wildlife Governance, Dean Lueck
Texas A&M Law Review
This Article develops a comparative institutions approach to wildlife governance by examining the property rights to the habitat and the stocks of wild populations. The approach is based on the transaction cost and property rights approach and lies primarily in the traditions of Coase, Barzel, Ostrom, and Williamson. The approach recognizes the often-extreme costs of delineation and enforcement of property rights to wild populations and their habitats; thus, all systems are notably imperfect compared to the typical neoclassical economics approach. These costs arise because wildlife habitat and wildlife populations are part of the land which has many attributes and uses—most …
Collaborative Management As A Mechanism For Incentivizing Private Landowners And Protecting Endangered Species, Ashley Graves
Collaborative Management As A Mechanism For Incentivizing Private Landowners And Protecting Endangered Species, Ashley Graves
Texas A&M Law Review
Currently, the Endangered Species Act is falling short of its potential. Even though the Endangered Species Act has provided protection for endangered and threatened species and helped some species to recover and even thrive, the fact that most listed species’ habitat is on private land remains a hurdle that has not yet been overcome. In fact, the stringent requirements imposed upon private landowners often put endangered and threatened species at risk as some private landowners will use any means possible to stop the government from finding endangered or threatened species on their land. Because of this, the United States Fish …
Agency Coordination Of Private Action: The Role Of Relational Contracting, Karen Maire Bradshaw Schulz
Agency Coordination Of Private Action: The Role Of Relational Contracting, Karen Maire Bradshaw Schulz
Texas A&M Law Review
This Article explores the previously overlooked role of relational contracting in forming and maintaining public-private partnerships. Relational contracting generally describes firms using formal but legally non-binding agreements to collaborate on shared objectives. Why do parties invest in forming elaborate contracts that they do not—and cannot—enforce in court? Contract theory suggests that the very act of contracting is relationship-building; it generates commitment, trust, cooperation, a win-win philosophy, and strengthened communication. Writing down goals and intentions allows parties to clarify expectations while maintaining flexibility for unforeseen conditions. This Article demonstrates that agencies also use relational contracting— creating unenforceable written agreements to build …
Ecotypes And Killer Whales: A Scientific Concept To Guide The Endangered Species Act's "Distinct Population Segment", Christopher Michael Johnson
Ecotypes And Killer Whales: A Scientific Concept To Guide The Endangered Species Act's "Distinct Population Segment", Christopher Michael Johnson
University of Colorado Law Review
The Endangered Species Act protects threatened and endangered species, subspecies, and distinct population segments, with species listings guided by the best scientific information available. "Distinct population segment," however, is not a biological term. To date, there is still not a test based on evolutionary theory used to determine distinct population segments. This Comment attempts to change that by introducing the ecotype concept-a scientific theory that has existed for over one hundred years-into jurisprudence. This Comment begins by recounting how the distinct population segment terminology came to be. Next, it argues that the Endangered Species Act has been implemented contrary to …
Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot
Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot
Scholarly Works
The harms of puppy mills have been well-publicized over the past decade: hundreds of female dogs living out their lives in small cages, producing puppies for sale with each heat cycle, with neither the breeding stock nor puppies receiving normal veterinary care. In popular media, academic critiques, activist publications, and legislative discussion, puppy mills are contrasted with smallvolume dog breeders—the hobby breeder or inadvertent breeder who has only a few dogs and treats them as pets or members of the family, breeding occasionally for personal reasons. Both state and federal laws have been designed to regulate puppy mills and other …
Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein
Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein
Faculty Scholarship
This Article discusses the problem of veterinary lien laws that treat companion animals as inanimate objects, in a modern society that often views pets as members of the family. Historically, pets, like automobiles, were subject to possessory liens. If an automobile owner couldn't pay the repair bill, the mechanic could keep possession of the car or sell the car to recoup costs. Veterinary lien laws treat companion animals in a similar fashion. If the owner cannot not pay the veterinary bill in full, the veterinarian is often permitted to keep possession of the companion animal until the bill is paid. …