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Front Matter, Front Matter

Animal Law Review

Front Matter contains Masthead and Table of Contents for Animal Law Review Volume 31, Issue 2.

Social Justice, Practical Lawyering, And The Elephant In Solitary Confinement: Why Animal Law Belongs In The Legal Writing Classroom, Conley Wouters

Animal Law Review

Animal law has grown exponentially since its genesis in the late 1970s. It is the subject of survey courses, seminars, clinics, and law reviews. But animal law per se has not made its way into the legal writing discipline, and its absence creates missed opportunities for legal writing instructors to improve our teaching and help our students develop critical lawyering skills. This Article argues that we should seize these opportunities and incorporate animal law into legal writing classes.

The Article begins by summarizing the argument and offering a gen-eral description of how legal writing professors and their students stand to …

Front Matter

Animal Law Review

Front Matter contains Title Page, Masthead and Table of Contents for Animal Law Review Volume 31, Issue 1.

Leaving Pawprints On Our Hearts: Bystander Recovery For Witnessing The Negligent Killing Of A Companion Animal, John G. Browning

Animal Law Review

According to the Pew Research Center, nearly all (97%) Americans with companion animals consider their “furbabies” to be members of the family. This is reflected in a number of other areas, from state and federal laws re-garding emergency management that recognize four-legged members of the family unit to divorce and custody laws in multiple states that require courts to treat companion animals not as property, but as family members. Soci-ologists and psychologists have also documented the expanding recognition of the “multispecies family.” However, the majority of states’ laws still view companion animals as chattel property, even as more and more …

Stopping The Slippery Slope: What Happy The Elephant Can Gain From Estrellita The Monkey, Mason Liddell

University of San Francisco Law Review

No abstract provided.

Fda Modernization Act 2.0: The Beginning Of The End For Animal Testing In Drug Development, Julia Williams

Animal Law Review

Historical drug testing protocols utilized animal testing to determine whether drugs were safe and effective for use in humans. However, recognizing that testing drugs on other species is potentially dangerous for humans, troubled by failures, unnecessarily expensive, and time consuming, the FDA Modernization Act 2.0, passed in December 2022, removed animal testing as a requirement for new drug applications. While this was an important step forward, a notable failure of that Act is that it did not go far enough to end animal testing. Accordingly, this Article proposes an FDA Modernization Act 3.0.

The FDA Modernization Act 3.0 would ensure …

Neither Covered Nor Excluded: Impacts Of Speciesism On Aquatic Animal Experimentation Under The Animal Welfare Act, Sophia Pastorini

Animal Law Review

Despite significant scientific evidence affirming their capacity for pain and pleasure, aquatic animals in laboratory settings receive limited federal protection. The Animal Welfare Act leaves aquatic animals entirely adrift; they are neither included in the list of protected animals nor explicitly excluded. They inhabit a realm so marginalized that they are not even mentioned in the Act. The urgency of safeguarding aquatic animal welfare is a matter of moral imperative, scientific integrity, and justice. By employing a multifaceted approach that combines ethical considerations and legal frameworks, this Article seeks to catalyze change in the treatment of aquatic animals in research …

De-Myth-Ifying Laboratory Animal Law: The Truth Behind Four Commonly Misunderstood Facts In Laboratory Animal Welfare Law, Rebecca Critser

Animal Law Review

The subspeciality of laboratory animal law presents unique difficulties because it requires familiarity with two highly specialized fields: law and science. Consequently, it is not surprising that some aspects of laboratory animal law have been misunderstood. This Article highlights four such misunderstandings surrounding laboratory animal law and provides an explanation of the truth behind each myth. The myths discussed include: (1) the AWA is the only federal law applicable to laboratory animals; (2) states are preempted from regulating the laboratory animal space; (3) birds, rats, and mice are not covered under federal law; and (4) the 3Rs are explicitly required …

A Critical Assessment Of Bill S-203, Ending The Captivity Of Whales And Dolphins Act: Challenging The Exclusivity Of Anthropocentrism And Science-Based Justifications, Rachel De Graaf

Animal Law Review

Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) became Canadian law in 2019, banning the captivity of cetaceans. This Article critically examines Bill S-203, arguing that it is underpinned by anthropocentric and science-based justifications that will work as exclusionary forces against many animals in need of legal protection. Instead, the Article advocates for an empathetic and multi-jural approach that accounts for human-animal interconnectedness and the unique cultures of animals. This argument is theoretically rooted in vegan ecofeminism’s empathic and non-binaristic perspective. As such, this Article scrutinizes the reasoning behind …

Front Matter

Animal Law Review

No abstract provided.

Environmental Enrichment For Farmed Animals, Alexandra Schauer

Animal Law Review

Environmental enrichment standards are set in many animal welfare laws, but such protections are generally withheld from farmed animals. Instead, farmed animals are subject to substandard enclosures that are under-stimulating and inappropriate for their species-specific behavioral needs. Scientific studies have shown that the inclusion of environmental enrichment in an animal’s enclosure balances their production of stress hormones, which has beneficial implications for the overall health and wellbeing of the animal. Establishing enclosure standards for farmed animals that include provisions relating to environmental enrichment would improve farmed animal well-being and, subsequently, the health of the humans who consume products deriving from …

Saving Species Or Sacrificing Science?: Navigating The Legal Labyrinth Of Research And Conservation Through The Case Of The Long-Tailed Macaque, Maliat Chowdhury

Animal Law Review

For decades, long-tailed macaques have served an instrumental role in advancing biomedical research. However, due to the recent primate shortage in U.S. laboratories, these macaques have become coveted targets for poachers. In 2022, the International Union for Conservation of Nature (IUCN) elevated the long-tailed macaque’s threat level from “Vulnerable” to “Endangered,” citing research-related capture as a critical factor contributing to their decline. Under this new status, long-tailed macaques are at risk of being categorized under Appendix I of CITES, a designation that will subject them to stricter trade regulations. Alarmed by the potential obstacles this reclassification may pose to scientific …

Animal Sentience Should Be The Key For Future Legislation, Margaret Landi, Lida Anestidou

Animal Law Review

This Article posits that changes in U.S. laws and policies regarding animal experimentation depend on the recognition of animal sentience. Sentience—distinct from cognition and self-awareness—is the ability of an animal to experience pain, pleasure, and other emotions. First, this Article reviews the reasons animals are still used in biomedical research and the relevant characteristics of U.S. law. This is followed by a discussion of sentience and the concepts of cognition and self-awareness, and a discourse on societal interests. The Article concludes with an analysis of six bioethical principles considered central to the future of animal experimentation. Overall, conferring sentience would …

Striking A Balance: Why Federal And State Laws Should Be Revised To Effectively Deter Puppy Mills, Kaitlyn Cameron

Animal Law Review

The Animal Welfare Act (AWA) was passed in 1966 with the purpose of ensuring the humane care and treatment of animals. The AWA delegates licensing responsibilities to the United States Department of Agriculture (USDA) and the Animal Plant and Health Inspection Services (APHIS), who have the authority to investigate violations of the AWA and penalize relevant organizations, such as puppy mills, when necessary. Unfortunately, the AWA sets forth minimum standards for the humane care and treatment of these animals and the USDA has exercised its own discretion in penalizing violations of the AWA. The AWA establishes standards for compliance, but …

Time To Free The 'Evidence': Animal Cruelty Prosecutions, Pre-Conviction Forfeiture, And Brady Violations, Gary J. Patronek

Animal Law Review

This Article presents empirical research to investigate the traditional practice of holding seized animal victims of maltreatment in protective custody until their disposition is resolved pursuant to a criminal proceeding. This is of particular concern because protective custody usually entails confinement in an animal shelter or similar institutional setting. Extended confinement under these circumstances is undesirable–especially when dealing with large numbers of animals–because such confinement causes stress that may inadvertently result in secondary victimization of the animals. Furthermore, institutional confinement poses substantial logistical challenges and imposes substantial economic costs for those tasked with caring for the animals. The impetus for …

Exploited: The Unexpected Victims Of Animal Agriculture, Caitlin Kelly

Animal Law Review

Awareness of how nonhuman animals suffer in animal agriculture has been growing for years. But are they the only victims? Selling the products and parts of hundreds of millions of animals in the United States every year requires someone to manage those animals. It requires someone to kill those animals. And it requires someone to dismember those animals long before they ever reach the neat rows of plastic wrapped packaging at the grocery store. To accomplish this process at an industrial scale means hundreds to thousands of animals are together in barns which reek of their waste and create biohazards …

Front Matter

Animal Law Review

Front Matter includes Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 30, Issue 2, 2024.

The 3rs And Non-Human Animals In Biomedical Research: The Next 65 Years, Paul Locke, Richelle Romanchik, Breanne Kincaid, Emily Golden

Animal Law Review

It has been 65 years since the publication of Russell and Burch’s “The Principles of Humane Experimental Technique,” which established the ‘3Rs’—refinement, reduction, and replacement—as the key principles applicable to decision making about, and the use of, non-human animals in laboratory settings. The 3Rs are universally accepted by responsible scientists throughout the world and form the basis for many national legal and regulatory systems governing animal use in laboratories. This Article will discuss broadly how the 3Rs have evolved over the past seven decades since the publication of Russell and Burch’s seminal work, and examine the 3Rs in light of …

Alchemizing The Bar: An Examination Of Global Ethical Considerations For Using Alternatives To Animals In Research, Testing, And Education, Lenore M. Montanaro

Animal Law Review

Countries regulate scientific research in various ways. Such structures are the result of input from scientists, attorneys, physicians, advocates, and others. These schemes may also derive from outcomes of the research itself. Some countries do not incorporate or require the ethical use of an animal—or an alternative to the use of an animal—to be considered. Others do incorporate, and even require, the ethical use of animals in research. In alignment with The Three Rs—replacement, reduction, and refinement of animals used in science—technological capabilities now allow scientists to increasingly use alternatives, such as microphysiological systems, rather than animal models. This Article …

Justice For Dogs, Alexander J. Lindvall

Arkansas Law Review

This Essay summarizes the Fourth Amendment’s protection of dogs. The Fourth Amendment protects people from unreasonable seizures. And nearly every circuit has held that it is unreasonable (and therefore unconstitutional) for an officer to shoot (seize) a dog without a very good reason. Killing a nonthreatening family pet is one of the most egregious forms of police misconduct. The courts rightfully recognize that the unjustified harming of a dog violates the Fourth Amendment.

Damages For Tortious Harm To Pets: Minnesota's Market Value Approach Severely Undercompensates Plaintiffs, Morgan Phelps

Mitchell Hamline 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 29, Issue 1, 2023.

A Critical Moral Dilemma Within Animal Law Impact Litigation, Kyla Dayton-Woods

Animal Law Review

Animals, as legal clients, deserve the same rights as people when being represented by attorneys. There is no Model Rule of Professional Conduct to guide attorneys on how to ethically represent their animal clients. This gap in the law demonstrates an uncertainty in how lawyers are meant to fulfill their moral and legal obligations for their animal clients. Using the Nonhuman Rights Project’s representation of two elephant clients, Beulah and Karen, as a test, this Article proposes a Model Rule to fill the moral gap. If this proposed rule was incorporated into the Model Rules, Beulah and Karen’s attorneys may …

Manure, Methane, And Money: The Anaerobic Digester Disaster In California, Pegga Mosavi

Animal Law Review

The small, idyllic family farms that come to mind at the first mention of farming are all but gone, replaced by enormous factories that churn out animals at record speed, with little regard for their health and welfare. These factory farms produce a host of issues, including pervasive water and air pollution, particularly in vulnerable agricultural communities like those of the San Joaquin Valley in California. While the detriments of the factory farm model are numerous, contribution to climate change in particular has garnered significant attention. Animal agriculture in the U.S. produces 36% of the country’s methane, a greenhouse gas …

Privacy In The Wild: Why Animals' Informational Privacy Matters, Christopher Wlach

Animal Law Review

As data privacy and security come increasingly into focus among lawmakers, regulators, companies, and consumers, concerns about animals’ privacy have gone largely unmentioned. This Article examines how both wild and domestic animals have informational privacy interests—that is, interests in protecting information about themselves. The Article discusses three examples of how informational privacy for animals is not merely a theoretical concept but directly relates to animals’ broader welfare interests. Finally, this Article discusses why privacy provides a helpful theoretical framework and vocabulary for addressing these animals’ interests.

International Whaling: Reframing The Iwc Moratorium For The Effective Conservation Of Whales, Kacey Hovden

Animal Law Review

The ocean once teemed with whales at seemingly every tide and crest, but due to centuries of overexploitation, whales are now a rare and coveted sight in many parts of the world. Today, the challenge of preventing these magnificent giants from extinction remains prevalent, with slow recovery rates and continued whaling practices in direct conflict. This Article examines the history of global whaling practices and the International Whaling Commission’s 1986 moratorium and argues for the establishment of an effective regulatory scheme permitting commercial whaling only on abundant whale stocks. The scheme would encourage whaling nations to remain members of the …

The Disrupted Path To Becoming Easy, Breezy, Beautiful: How Companies Are Deceiving Consumers With Their Animal Testing Products, Wendy Chao

University of San Francisco Law Review

No abstract provided.

A Pact For The Future: Improving Animal Protection Legislation For Captive Orcas, Emily Lively

Pace Environmental Law Review

Using SeaWorld as a case study, this Note will argue that existing federal and state legislation fails to protect captive orcas from cruel and harmful treatment while in captivity.

Part I of this Note will address the gaps in federal and state animal welfare and cruelty legislation relevant to captive orcas. Part II will discuss the enactment of the Preventing Animal Cruelty and Torture Act of 2019 (“PACT Act”), the first federal animal cruelty statute. Part III will use SeaWorld as a case study to test the effectiveness of the PACT Act in criminalizing animal cruelty at the federal level. …

A Science-Based Policy For Managing Free-Roaming Cats, David Hunter, Christopher A. Lepczyk, David C. Duffy, David M. Bird, Michael Calver, Dmitry Cherkassky, Linda Cherkassky, Christopher R. Dickman, David Jessup, Travis Longcore, Scott R. Loss, Kerrie Anne T. Loyd, Peter P. Marra, John M. Marzluff, Reed F. Noss, Daniel Simberloff, Grant C. Sizemore, Stanley A. Temple, Yolanda Van Heezik

Scholarly Articles in Law Reviews & Journals

Free-roaming domestic cats (i.e., cats that are owned or unowned and are considered ‘at large’) are globally distributed non-native species that have marked impacts on biodiversity and human health. Despite clear scientific evidence of these impacts, free-roaming cats are either unmanaged or managed using scientifically unsupported and ineffective approaches (e.g., trap-neuter-release [TNR]) in many jurisdictions around the world. A critical first initiative for effective, science-driven management of cats must be broader political and legislative recognition of free-roaming cats as a non-native, invasive species. Designating cats as invasive is important for developing and implementing science-based management plans, which should include efforts …

The United States Of California: Ninth Circuit Tips The Dormant Commerce Clause Scales In Favor Of The Golden State's Animal Welfare Legislation, Tanner Hendershot

Pepperdine Law Review

In November 2018, California voters overwhelmingly passed Proposition 12, the Prevention of Cruelty to Farm Animals Act. This law requires in-state and out-of-state farmers to provide additional living space for egg-laying hens, breeding pigs, and calves raised for veal by 2022 if the farmers wish to continue doing business within the state. In response, North American Meat Institute (NAMI), whose members account for approximately 95% of the country’s output of various meat products, filed a lawsuit in federal district court seeking a preliminary injunction against Proposition 12’s enforcement. NAMI contended Proposition 12 violated the Dormant Commerce Clause, a legal doctrine …