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Animal Law Commons™

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2019

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Articles 61 - 90 of 90

Full-Text Articles in Animal Law

The Absolute Insurer Rule: An Unconstitutional And Ineffective Means Of Mitigating Illegal Equine Drugging In The “Sport Of Kings”, Brian Calhoun Mundell Jan 2019

The Absolute Insurer Rule: An Unconstitutional And Ineffective Means Of Mitigating Illegal Equine Drugging In The “Sport Of Kings”, Brian Calhoun Mundell

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Lasix Is A "Failed Experiment": Why The United States Should Follow Other Countries And Ban Lasix, Caitlyn Barnes Jan 2019

Lasix Is A "Failed Experiment": Why The United States Should Follow Other Countries And Ban Lasix, Caitlyn Barnes

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Front Matter Jan 2019

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, Advisors, and Table of Contents for Animal Law Review Volume 25, Issue 2, 2019.


The Animal Welfare Act At Fifty Conference At Harvard Law School Introduction, Delcianna Winders Jan 2019

The Animal Welfare Act At Fifty Conference At Harvard Law School Introduction, Delcianna Winders

Animal Law Review

Delcianna Winders introduces the Animal Welfare Act at Fifty Conference.


Paid In Full: Interpreting And Defining "Market Value" Under The Lacey Act, Max Birmingham Jan 2019

Paid In Full: Interpreting And Defining "Market Value" Under The Lacey Act, Max Birmingham

Animal Law Review

There is a circuit split on the definition of “market value” under the Lacey Act. Courts disagree whether the price of hunting guide services should be factored into calculating the market value of the wildlife hunted. But the purpose of the Lacey Act suggests a broad interpretation of market value which includes guide services. This Article proposes amending the Lacey Act to make clear the definition of market value in keeping with its original purpose.


Animal Welfare Act: Enforcement, Delcianna Winders, Varu Chilakamarri Jan 2019

Animal Welfare Act: Enforcement, Delcianna Winders, Varu Chilakamarri

Animal Law Review

Delcianna Winders discusses the Animal Welfare Act and how the United States Department of Agriculture enforces it. She also provides a critique of the USDA’s enforcement of the AWA, with particular attention to its heavy reliance on warnings and discounted penalties, which in many cases fail to deter regulated entities from violating the AWA. Varu Chilakamarri discusses how animal welfare issues are incorporated into the work of the Department of Justice (DOJ). She provides an overview of the AWA, noting the specific sections that provide for federal court review. Chilakamarri also discusses some of the programmatic steps the DOJ has …


It Takes A Village To Protect Its Pets: How To Empower Local Community Organizations In The Fight For Companion Animal Rights, Danielle Maddox Kinchen Jan 2019

It Takes A Village To Protect Its Pets: How To Empower Local Community Organizations In The Fight For Companion Animal Rights, Danielle Maddox Kinchen

Animal Law Review

This Note aims to provide a guide for state law reforms to ease the responsibility on southern states’ shelter, rescue, and foster systems. It employs a three-pronged strategy to address two main challenges for homeless companion animals—overpopulation and unprosecuted animal cruelty. The United States euthanizes an estimated 1.5 million companion animals annually in its companion animal shelters, largely due to overpopulation, and the South plays an exponentially larger role in this statistic than the North, with some southern cities annually euthanizing hundreds of thousands of companion animals each. Approximately 6.5 million companion animals enter shelters each year, and in addition …


Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch Jan 2019

Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch

Animal Law Review

The animal law movement and animal law education in law schools has been growing over the years. In this Article, prominent figures in the animal law world discuss this growth as well as changes that are expected within the next generation of animal law practice. The authors suggest important goals necessary to strengthen the movement in order to allow law students to access the resources needed to be powerful animal advocates for years to come.


The Struggle For The Legal Rights Of Nonhuman Animals Begins: The Experience Of The Nonhuman Rights Project In New York And Connecticut, Steven M. Wise Jan 2019

The Struggle For The Legal Rights Of Nonhuman Animals Begins: The Experience Of The Nonhuman Rights Project In New York And Connecticut, Steven M. Wise

Animal Law Review

Twenty-five years ago, in the first issue of Animal Law, the author offered an account of why legal rights do not need to be restricted to human beings. Here the author expands upon that account to provide a review of the ongoing struggle of the Nonhuman Rights Project (NhRP) to obtain legal rights for nonhuman animals. The author outlines habeas corpus cases the NhRP has brought on behalf of chimpanzees and elephants in New York and Connecticut and provides a view of the New York and Connecticut Pet Trust Statutes, which grant domestic or pet animals the right to be …


A Quarter Of A Century Of Animal Law: Our Roots, Our Growth, And Our Stretch Toward The Sun, Nancy Perry Jan 2019

A Quarter Of A Century Of Animal Law: Our Roots, Our Growth, And Our Stretch Toward The Sun, Nancy Perry

Animal Law Review

This Article explores the author’s experience as one of the early student pioneers of the animal law program at Lewis & Clark Law. The author discusses her work on the Oregon Cougar and Bear Initiative as a introduction to the power of the ballot initiatve process. The Article then recounts the progress that has been made by animal advocates via federal and state legislation and ballot measures, as well as the setbacks driven by industry interest. It concludes with a discussion of the need for a good defense as industry interests attempt to roll back the progress made by animal …


2018 Federal Legislative Review, Anna Fugate Jan 2019

2018 Federal Legislative Review, Anna Fugate

Animal Law Review

2018 was a slow year for federal animal law legislation. Congress only signed the Endangered Salmon Predation Prevention Act into law, and that law permits the killing of sea lions to protect endangered salmon and steelhead populations. While Congress considered other animal legislation, none of this proposed legislation made it out of Congressional Committees and Subcommittees.


Keeping The “Live” In Live Animal Air Cargo Transport, Noreen Lanza Jan 2019

Keeping The “Live” In Live Animal Air Cargo Transport, Noreen Lanza

Journal of Air Law and Commerce

No abstract provided.


Animal Welfare Act: Welfare Standards, Cathy Liss, Kimberly Ockene, Naomi Rose, Georgia Hancock Snusz, Anna Frostic Jan 2019

Animal Welfare Act: Welfare Standards, Cathy Liss, Kimberly Ockene, Naomi Rose, Georgia Hancock Snusz, Anna Frostic

Animal Law Review

Cathy Liss discusses the changes to the standards after the 1985 Improved Standards for Laboratory Animals amendment to the AWA and the emphasis of performance standards that were implemented. Kimberly Ockene discusses the AWA regulations for commercial dog breeders and a petition for rulemaking that seeks to enhance these regulations. Naomi A. Rose and Georgia Hancock Snusz discuss captive marine mammals and their coverage under the AWA. Lastly, Anna Frostic speaks about public handling of exotic animals held at licensed exhibitors, which are regulated under the Act.


Animal Welfare Act: Interaction With Other Laws, Ani B. Satz, Delcianna Winders Jan 2019

Animal Welfare Act: Interaction With Other Laws, Ani B. Satz, Delcianna Winders

Animal Law Review

Ani B. Satz discusses the interaction of the Animal Welfare Act (AWA) with state laws, specifically focusing on perceived preemptive effects of the AWA on state anti-cruelty laws. Delcianna Winders discusses how these perceived preemptive effects play out on a federal level, focusing on how the AWA interacts with the Endangered Species Act (ESA). She expands upon how both laws apply to captive animals, who have been identified as threatened or endangered under the ESA.


Ruminations On Twenty-Five Years Of Animal Law, Joan E. Schaffner Jan 2019

Ruminations On Twenty-Five Years Of Animal Law, Joan E. Schaffner

Animal Law Review

In this Article, the author tracks the ‘progress’ of the animal law movement over the past twenty-five years, focusing on the perennial ambiguity in the property status of animals and the kinds of harm to animals the law is, and is not, willing to condone, and the power of the media to shed light on these harms. The author also explains how her own work, concentrating on the question of the ‘value’ of animals, has contributed to the field of animal law. In particular, she highlights her work on the problem of legal valuation of companion animals for damages claims, …


Farmed Animals: The Past Is Prologue, The Future Is (Almost) Here, Mariann Sullivan Jan 2019

Farmed Animals: The Past Is Prologue, The Future Is (Almost) Here, Mariann Sullivan

Animal Law Review

The author describes her journey to animal law and the contributions she has made to the field, particularly in respect of ballot initiatives that have been used successfully to make specific improvements to the welfare of farmed animals. She provides an overview of the Florida ballot initiative prohibiting the confinement of pigs during pregnancy and the California ballot initiatives setting minimum cage size for laying hens and more, highlighting how the idea for each initiative was born, and the drafting and implementation challenges encountered along the way. The author also focusses on other legal and non-legal strategies that are being …


For The Twenty-Fifth Anniversary Of Animal Law, Earl Blumenauer Jan 2019

For The Twenty-Fifth Anniversary Of Animal Law, Earl Blumenauer

Animal Law Review

Foreword to Animal Law Review Volume 25, Issue 3, 2019.


2018 Foreign And International Legislative Review, Caitlin Skurky Jan 2019

2018 Foreign And International Legislative Review, Caitlin Skurky

Animal Law Review

This Review examines foreign and international legislation relating to animals proposed or passed in 2018 and early 2019. The Review specifically examines legislation in Vietnam, Switzerland, Spain, Canada, Luxembourg, the U.K., Ukraine, and Portugal, with a specific focus on legislation that seeks to increase animal welfare, reduce consumption of cruel animal products, or end violent animal practices.


Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2019

Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Animal Welfare Act: Related Litigation And Other Efforts, Joyce Tischler, Valerie Stanley, Jenni James, Kathy Meyer Jan 2019

Animal Welfare Act: Related Litigation And Other Efforts, Joyce Tischler, Valerie Stanley, Jenni James, Kathy Meyer

Animal Law Review

Joyce Tischler discusses the background of the Animal Welfare Act from the 1971 definitional change of the term “animal” to the 1985 Amendment for improved standards. Her organization, Animal Legal Defense Fund, was the first to litigate the AWA’s terms and the U.S. Department of Agriculture’s regulations. Valerie Stanley expands upon the 1985 Amendment’s requirements regarding primates and the regulatory struggles Animal Legal Defense Fund faced therein. Jenni James discusses Article III standing and the difficulties in getting into court due to a general reluctance to recognize plaintiffs as satisfying standing under the AWA. She also discusses the courts preference …


A Message From The Next Generation Of Animal Law, Adrienne Craig, Frances Chrzan Jan 2019

A Message From The Next Generation Of Animal Law, Adrienne Craig, Frances Chrzan

Animal Law Review

Introduction to Animal Law Review Volume 25, Issue 3, 2019.


2018 State Legislative Review, Emma Therrien Jan 2019

2018 State Legislative Review, Emma Therrien

Animal Law Review

There were several important changes to animal protection in the United States in 2018. California became the first state to ban cosmetic testing on animals and also made improvements for a handful of species used in factory farming. Prop 12 was passed, increasing minimum size standards for these species, but the most drastic change was the banning of eggs produced by egg-laying hens housed in cages—effectively prohibiting the use of cages for these birds in the state and the sale of eggs from producers that use cages in production facilities out of state. Florida and New Jersey made influential advancements …


Personal Reflections On Being A Postcolonial Feminist Animal Law Professor, Maneesha Deckha Jan 2019

Personal Reflections On Being A Postcolonial Feminist Animal Law Professor, Maneesha Deckha

Animal Law Review

The author reflects on her experiences in the field of animal law. A recurring theme throughout the Article is that the author’s struggle to see herself being part of the animal law at all. This is because mainstream animal law writing has tended to take a liberal legal approach, while the author has focused her work around concepts of intersectionality, feminist, and postcolonial theory in a field she has self-described as “Philosophy, Critical Theory, and Animal Ethics.” Consistent with her intersectional approach, the author highlights how her experience being Canadian, being female, and being ‘radicalized’ have all intersected to shape …


The Pets Act And Beyond: A Critical Examination Of The Pets Act And What The Future Of Disaster Planning And Response For Animals Should Be, Erica Lavoy Jan 2019

The Pets Act And Beyond: A Critical Examination Of The Pets Act And What The Future Of Disaster Planning And Response For Animals Should Be, Erica Lavoy

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Fish Encounters: Aquariums And Their Veterinarians In A Rapidly Changing World, Irus Braverman Jan 2019

Fish Encounters: Aquariums And Their Veterinarians In A Rapidly Changing World, Irus Braverman

Journal Articles

The extensive body of social science and humanities scholarship on zoos rarely discusses aquariums. Despite their independent historical trajectory and unique characteristics and challenges, aquariums are typically considered the younger sister to the more established terrestrial zoo institutions. This article is an initial exploration of modern public aquariums through the eyes of these institutions’ veterinarians, a small but rapidly growing, and quite influential, professional cohort. Drawing on in-depth interviews with a handful of aquarium veterinarians in various sites — including the United States, Canada, Israel, Portugal, Denmark, and Germany — the article documents some of the everyday challenges that these …


Smart Sheep Need More Protection, Michael L. Woodruff Jan 2019

Smart Sheep Need More Protection, Michael L. Woodruff

Animal Sentience

The target article unequivocally establishes that sheep are far more intelligent and cognitively sophisticated than is generally acknowledged. For this reason, the authors advocate for significantly more stringent regulation of agricultural and research practices when sheep are used. I briefly review the existing US regulations governing the use of sheep in research and discuss the extent to which they are applied to sheep. I then discuss weaknesses in the current regulations, concluding that they should be changed to mandate housing all research animals in environments that accommodate the psychosocial needs of each species.


More Than Birds: Developing A New Environmental Jurisprudence Through The Migratory Bird Treaty Act, Patrick G. Maroun Jan 2019

More Than Birds: Developing A New Environmental Jurisprudence Through The Migratory Bird Treaty Act, Patrick G. Maroun

Michigan Law Review

This year marks the centennial of the Migratory Bird Treaty Act, one of the oldest environmental regulatory statutes in the United States. It is illegal to “take” or “kill” any migratory bird covered by the Act. But many of the economic and industrial assumptions that undergirded the Act in 1918 have changed dramatically. Although it is undisputed that hunting protected birds is prohibited, circuit courts split on whether so-called “incidental takings” fall within the scope of the Act. The uncertainty inherent in this disagreement harms public and private interests alike—not to mention migratory birds. Many of the most important environmental …


Law's Halo And The Moral Machine, Bert I. Huang Jan 2019

Law's Halo And The Moral Machine, Bert I. Huang

Faculty Scholarship

How will we assess the morality of decisions made by artificial intelli­gence – and will our judgments be swayed by what the law says? Focusing on a moral dilemma in which a driverless car chooses to sacrifice its passenger to save more people, this study offers evidence that our moral intuitions can be influenced by the presence of the law.


Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018), Anne Peters Jan 2019

Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018), Anne Peters

Articles

The article comments on a Grand Chamber judgment by the Court of the European Union on animal slaughter according to Islamic prescriptions. The relevant European Union laws prescribe that religious slaughter without stunning of the animal may only take place in approved slaughterhouses. This causes a shortage during the Muslim Feast of Sacrifice in the Belgian province ofAntwerp. The EU law provisions are in conformity with the animal welfare mainstreaming clause of the Treaty on the Functioning of the European Union. Moreover, the EU regulation and its application in the concrete case does not violate the fundamental right of free …


Against The Wind—Sustainability, Migration, Presidential Discretion, Steven Ferrey Jan 2019

Against The Wind—Sustainability, Migration, Presidential Discretion, Steven Ferrey

Suffolk University Law School Faculty Works

The weekend before Christmas 2018, the United States government began its longest shutdown in history, which extended well into the new year. The crisis was the result of the ongoing legal controversies surrounding migratory rights and U.S. immigration policy, and following the shutdown, President Trump declared a national emergency at the southern border. The executive branch has a constitutional responsibility to enforce all U.S. laws. However, while the Trump administration has focused pointedly on executive branch enforcement of immigration and migratory laws at the southern border, it has made no effort to enforce an international treaty and three long-standing U.S. …