Open Access. Powered by Scholars. Published by Universities.®

Animal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2021

Discipline
Institution
Keyword
Publication
Publication Type

Articles 61 - 72 of 72

Full-Text Articles in Animal Law

Exploring The Role Of Nonhuman Animal Victims In Federal Environmental Crime Prosecutions, Melissa L. Jarrell, Joshua Ozmy Jan 2021

Exploring The Role Of Nonhuman Animal Victims In Federal Environmental Crime Prosecutions, Melissa L. Jarrell, Joshua Ozmy

Animal Law Review

While nonhuman animals in the United States are often victimized directly or as a consequence of environmental crimes, little is known about them or the role their victimization plays in federal environmental crime prosecutions. Through content analysis of 2,588 of the Environmental Protection Agency's criminal prosecutions from 1983-2019, we identified cases where identifiable nonhuman animal victims play a central role in the prosecution. We developed a typology of victims and the consequences of their victimization, and we explored the geography, charging statutes, and penalties. Results suggest that victimization is infrequent, acute, and clusters around toxic discharges and pesticide abuse stemming …


National Animal Abuse Registry Reform: To Be Effective And Provide Prospective, A National Animal Abuse Registry Must Be The Next Directive, Kaleigh M. Gorman Jan 2021

National Animal Abuse Registry Reform: To Be Effective And Provide Prospective, A National Animal Abuse Registry Must Be The Next Directive, Kaleigh M. Gorman

Touro Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Nonhuman Rights Or Protections: A Discussion Of The Functional Difference, If Any, Between Laws Providing Either Biocentric Rights Or Anthropocentric Protections For Nonhumans, Joel W. Glazer Jan 2021

Nonhuman Rights Or Protections: A Discussion Of The Functional Difference, If Any, Between Laws Providing Either Biocentric Rights Or Anthropocentric Protections For Nonhumans, Joel W. Glazer

Animal Law Review

This article will review examples of laws and judicial opinions that have granted rights to nonhumans, including the examples listed above, as well as a judicial opinion that grants protections, but not rights, to nonhumans. The analysis of these laws and judicial opinions is meant to answer the question of whether using the enchanted word "rights," as opposed to anthropocentric protections, confers a substantive benefit to nonhumans. Part II forms an analytical framework defining the procedural and substantive aspects of non-human rights. Part III applies that framework to judicial opinions from Argentina and the United States and analyzes whether there …


Can Sentience Recognition Protect Animals? Lessons From Québec's Animal Law Reform, Michael Lessard Jan 2021

Can Sentience Recognition Protect Animals? Lessons From Québec's Animal Law Reform, Michael Lessard

Animal Law Review

Academic literature needs to provide a better understanding of the legal recognition of animal sentience. This Article aims to help fill out this gap by diving into Que ́bec’s legal recognition of animal sentience in 2015. This Article draws three lessons from Que ́bec law’s recognition of animal sentience and biological needs. First, it argues that legal sentience recognition’s fate is to become more than symbolic and to receive normative force. Second, it contends that considering sentience protection as the sole instrument to prevent animal killing and exploitation is a mistake. This is so because respect for sentience is reduced …


Cetacean Cultural Rights: A Third Generation Of Rights At Sea, David Peña-Guzmán Jan 2021

Cetacean Cultural Rights: A Third Generation Of Rights At Sea, David Peña-Guzmán

Animal Law Review

This Article discusses the cultural rights of cetaceans, as articulated in the 2010 Declaration on the Rights of Cetaceans. It argues that these rights qualify as "third-generation rights," meaning groups of cetaceans -- as opposed to individuals -- have the right to the protection of their respective cultures. The Article begins with an account of the history of third-generation rights in international human rights law. It then examines how the concept of third-generation rights can carry over into the animal rights movement. The article proposes three criteria for determining whether a group qualifies for third-generation rights. Then, it demonstrates that …


2020 Domestic Legislative Review, Tara Cooley Jan 2021

2020 Domestic Legislative Review, Tara Cooley

Animal Law Review

The 116th Congress, second session, began January 3, 2020, and ended January 3, 2021. While Congress voted on key animal-related legislation, such as the Big Cat Public Safety Act, the COVID-19 pandemic slowed -- or even halted -- proposed legislation at the federal and state levels. Despite the slowdown, local voters proposed and enacted several key initiatives, including the California Ecosystems Protection Act and Orange County, Florida's Right to Clean Water initiative.9 In addition, federally enacted COVID-19-related legislation, such as the Coronavirus Aid, Relief, and Economic Security (CARES) Act, also addressed animalrelated issues. The World Health Organization (WHO) labeled COVID-19 …


2020 Litigation Review, Isaac Conzatti Jan 2021

2020 Litigation Review, Isaac Conzatti

Animal Law Review

This Litigation Review covers a varied selection of animal law related litigation that occurred in the year 2020. The coronavirus pandemic did not slow down the offenses or injustices committed against animals nor the litigation initiated on behalf of animals. While some animal-centered litigation experienced some setbacks in 2020, others sparked legislative initiatives to further protect the interests of animals. Some recent litigation highlights the need for more advocacy and legislation in order to overcome barriers imposed by lobbyists and other special interest groups. Other sections expose how pro-animal legislation has received challenges from opponents who seek to cripple protections …


Animal Sentience: History, Science, And Politics, Andrew N. Rowan, Joyce M. D'Silva, Ian J.H. Duncan, Nicholas Palmer Jan 2021

Animal Sentience: History, Science, And Politics, Andrew N. Rowan, Joyce M. D'Silva, Ian J.H. Duncan, Nicholas Palmer

Animal Sentience

This target article has three parts. The first briefly reviews the thinking about nonhuman animals’ sentience in the Western canon: what we might know about their capacity for feeling, leading up to Bentham’s famous question “can they suffer?” The second part sketches the modern development of animal welfare science and the role that animal-sentience considerations have played therein. The third part describes the launching, by Compassion in World Farming, of efforts to incorporate animal sentience language into public policy and regulations concerning human treatment of animals.


Canada And Transboundary Fisheries Management In Changing Oceans: Taking Stock, Future Scenarios, U.R. Sumaila, David Vanderzwaag Jan 2021

Canada And Transboundary Fisheries Management In Changing Oceans: Taking Stock, Future Scenarios, U.R. Sumaila, David Vanderzwaag

Articles, Book Chapters, & Popular Press

This article is the Introduction to the Special Feature entitled: Canada and Transboundary Fisheries Management in Changing Oceans: Taking Stock, Future Scenarios. We summarize the research context of the four papers in the Special Feature.


Heeding The Call Of Covid-19, David Wiebers, Valery Feigin Jan 2021

Heeding The Call Of Covid-19, David Wiebers, Valery Feigin

Animal Sentience

We are grateful to all of our commentators. They have provided a wide range of valuable perspectives and insights from many fields, revealing a broad interest in the subject matter. Nearly all the commentaries have helped to affirm, refine, expand, amplify, deepen, interpret, elaborate, or apply the messages in the target article. Some have offered critiques and suggestions that help us address certain issues in greater detail, including several points concerning industrialized farming and the wildlife trade. Overall, there is great awareness and strong consensus among commentators that any solution for preventing future pandemics and other related health crises must …


Opportunities For Public Comments On Pending Trap/Pot Fishery Regulations To Protect The North Atlantic Right Whale, Catherine Schluter Jan 2021

Opportunities For Public Comments On Pending Trap/Pot Fishery Regulations To Protect The North Atlantic Right Whale, Catherine Schluter

Marine Affairs Institute Staff Publications

No abstract provided.