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Articles 121 - 150 of 457
Full-Text Articles in Animal Law
America's Invaders: The Nile Monitor And The Ineffectiveness Of The Reactive Response To Invasive Species, William K. Norvell Iii
America's Invaders: The Nile Monitor And The Ineffectiveness Of The Reactive Response To Invasive Species, William K. Norvell Iii
Animal Law Review
In response to an ever increasing level of environmental devastation caused by invasive species and the resultant concerns for ecological preservation, both the state and federal governments have passed legislation to combat this pressing issue. In this Note, the author evaluates the effectiveness of these reactive and proactive policies in the United States. The author also analyzes the successful, proactive invasive species legislation from Australia, the United Kingdom, and New Zealand, and then contrasts them to the failing, mainly reactive laws found in the United States. Despite these shortcomings, the author concludes that it is entirely possible for the United …
2015 State Legislative Review, Malorie Sneed, Jessica Brockway
2015 State Legislative Review, Malorie Sneed, Jessica Brockway
Animal Law Review
The past year’s state legislative sessions and court dockets bore witness to a wide variety of initiatives concerning animal welfare and animal issues more generally. The increasing prevalence of ag-gag bills continued in 2015, as Colorado attempted to pass a mandatory reporting bill and North Carolina passed its own ag-gag bill that applied to all businesses, not just agricultural facilities, over the governor’s veto. Animal welfare advocates had reason to celebrate this year, however, when the district court of Idaho overturned its ag-gag bill on constitutional grounds. Tennessee, in amending its “Good Samaritan” law to extend coverage to animals trapped …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 23, Issue 1, 2017.
Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen
Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen
Animal Law Review
This Article discusses situations in which an officer has shot a companion canine, and evaluates the efficacy of the different potential civil claims that an owner may have against the individual officer, his supervisor, the department, or the municipality. It then goes on to suggest that the relief granted, even for successful claims, is insufficient to alter municipal policies governing officer’s interactions with canines because such relief is typically retrospective in nature. Additionally, this Article discusses the serious problems that arise in relying on civil litigation as a mechanism for addressing officer-involved canine companion shootings because of the status of …
An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?, Charlotte Blattner
An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?, Charlotte Blattner
Animal Law Review
Further development within the field of animal law seems to be at an impasse, lost among the potential paths presented by its traditional influences: international treaty law, domestic animal welfare regulations, and trade law. First, classical elements of global animal treaty law are limited to preservationist aspirations, insusceptible to the questions of how animals are treated or how they cope with their environment. Second, animal welfare regulation is understood as a matter confined to national territories. In cross-border dialogue, animal matters have been reduced to allegations of imperialism, which is not conducive to furthering animal interests. Third, animals are regarded …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 22, Issue 2, 2016.
Changing Humanity: Fifteen Years Of Progress In Animal Welfare And Protection, Earl Blumenauer
Changing Humanity: Fifteen Years Of Progress In Animal Welfare And Protection, Earl Blumenauer
Animal Law Review
This Introduction outlines policy and societal changes in animal welfare over the last fifteen years. Covering the areas of industrial meat production and the treatment of farm animals, domesticated animals and cruelty, animal testing and laboratory animals, and protection of native species here and around the world, the Introduction documents meaningful policy achievements in each area, as well as accompanying and continuing societal efforts to improve outcomes for animal welfare in the United States and across the world. In addition, the Introduction documents current and future opportunities in the U.S. Congress and in local, national, and international policy to continue …
Agroterrorism, Resilience, And Indoor Farming, Nathalie N. Prescott
Agroterrorism, Resilience, And Indoor Farming, Nathalie N. Prescott
Animal Law Review
Agroterrorism poses a significant threat to food supplies and the stability of agricultural markets. The industrialization of agricultural has substantially improved productivity and efficiency, but has also contributed to the sector’s declining resilience— the ability to withstand and adapt to stress and change. Consequently, agriculture has become increasingly vulnerable to possible agroterrorist attacks. However, by working to increase biodiversity and minimize the connected and concentrated nature of agricultural production, the industry can lower its vulnerability to attack. Indoor agriculture may be one way to accomplish this goal. This Article describes indoor agriculture, explains the concept of agroterrorism, and explores the …
What Can Animal Law Learn From Environmental Law?, Rachel Lamb, Tara Zuardo
What Can Animal Law Learn From Environmental Law?, Rachel Lamb, Tara Zuardo
Animal Law Review
This Review analyzes and synopsizes What Can Animal Law Learn from Environmental Law?, edited by Professor Randall S. Abate. The book is a compilation of writings by numerous professionals in the fields of animal and environmental law. This Review introduces the background of the book and those sections most relevant to animal law. The book is divided into four distinct units, and this Review addresses each in turn: (1) Introductory Context, (2) U.S. Law Contexts, (3) International and Comparative Law Contexts, and (4) Vision for the Future. This Review ends by illustrating how academic settings can benefit from the use …
Extra! Extra! New Housing Developments Lead Coyotes To Homelessness And Violence With Humans, Joseph Simpson
Extra! Extra! New Housing Developments Lead Coyotes To Homelessness And Violence With Humans, Joseph Simpson
Animal Law Review
As city sprawl spreads into less-developed rural regions, these new residents enjoy living close to nature but also put their pets and children at risk of encountering dangerous wildlife, such as coyotes. Cities have a variety of options, legal and otherwise, to regulate human and coyote behavior in order to reduce conflict. This Article analyzes the situation in the cities of Chino Hills and Yorba Linda, two southern California communities on the edge of Chino Hills State Park that have received local media attention for human–coyote interactions. Growing cities can use zoning to separate coyotes from humans and avoid drawing …
Legal Protection Of Animal Dignity In Switzerland: Status Quo And Future Perspectives, Gieri Bolliger
Legal Protection Of Animal Dignity In Switzerland: Status Quo And Future Perspectives, Gieri Bolliger
Animal Law Review
Swiss law protects not only the well-being but also the dignity of animals. Since 1992, animal dignity protection has been a constitutional principle in Switzerland, and a main purpose of the national Animal Welfare Act since 2008. The animal dignity concept is still unique in the world and represents a biocentric expansion of Swiss law granting animals a moral value, irrespective of their sentience. This signifies protection for an animal’s inherent worth, including ethical aspects that are not necessarily associated with any physical and physiological injury, such as protection from humiliation, excessive instrumentalization, and substantial interference with an animal’s appearance …
2015 Federal Legislative Review, Alescia Dichmann
2015 Federal Legislative Review, Alescia Dichmann
Animal Law Review
The American political newspaper, The Hill, named the 114th Congress as “the most diverse Congress ever set to take power.” This Congress has 108 female lawmakers, more than ever before, alongside 430 men as well as 46 African American and 33 Hispanic lawmakers. While this Congress has made strides in the diversity of its members, we have yet to see whether this Congress’s legislative activity will benefit animals. The fate of the proposed animal legislation discussed in this Review will ultimately be decided by the time this 114th Congress concludes in 2017.
Animal Dignity, Reed Elizabeth Loder
Animal Dignity, Reed Elizabeth Loder
Animal Law Review
The aim of this Article is to find a broader theoretical basis for animal protection than the current ideas of personhood and capabilities provide. Human dignity is variously defined but pervasive in grounding human rights and should have a counterpart for animal protection beyond minimum welfare that can improve the quality of animal lives overall. Dignity has an inward dimension based on the value of an individual that should not be violated and an outward aspect in the individual’s bearing to the world, both of which apply to animals. In content, human individuals have dignity in autonomously directing their lives, …
Home Is Where The Dog Is: A Discussion Of Homeless People And Their Pets, Zanna Shafer
Home Is Where The Dog Is: A Discussion Of Homeless People And Their Pets, Zanna Shafer
Animal Law Review
This Article looks at the trials and tribulations homeless people face when they own pets. It establishes the three main types of pets the homeless population owns: companion animals, service animals, and emotional support animals. The Article then goes on to analyze the problems the homeless face associated with each type of animal ownership. The Article primarily draws from Leslie Irvine’s novel, My Dog Always Eats First: Homeless People and Their Animals. Irvine’s novel relays first-hand experiences of the homeless individuals’ interactions with animals and the difficulties they face by having them. The Article addresses homeless dog owners’ hardships in …
Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers
Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers
Journal Publications
Environmental law, with its intricate layers of international, federal, state, and local laws, is more established than its animal counterpart. Yet animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold, both in the United States and abroad. In What Can Animal Law Learn From Environmental Law?, editor Randall S. Abate brought together academics, advocates, and legal professionals to examine the very different histories of environmental and animal law, as well as the legal and policy frameworks that bridge the two fields. On November 16, 2015, the …
Animal Sentience: The Other-Minds Problem, Stevan Harnad
Animal Sentience: The Other-Minds Problem, Stevan Harnad
Animal Sentience
The only feelings we can feel are our own. When it comes to the feelings of others, we can only infer them, based on their behavior — unless they tell us. This is the “other-minds problem.” Within our own species, thanks to language, this problem arises only for states in which people cannot speak (infancy, aphasia, sleep, anaesthesia, coma). Our species also has a uniquely powerful empathic or “mind-reading” capacity: We can (sometimes) perceive from the behavior of others when they are in states like our own. Our inferences have also been systematized and operationalized in biobehavioral science …
Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance
Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance
Animal Sentience
Animals, like children and disabled elders, are not only the subjects of abuse, but they are unable to report and protect themselves from it. Veterinarians, like human physicians, are often the ones to become aware of the abuse and the only ones in a position to report it when their human clients are unwilling to do so. This creates a conflict between professional confidentiality to the client and the duty to protect the victim and facilitate prosecution when the law has been broken. I accordingly recommend that veterinarian associations make reporting of abuse mandatory.
What Can Animal Law Learn From Environmental Law?, Randall S. Abate
What Can Animal Law Learn From Environmental Law?, Randall S. Abate
Faculty Workshops
Professor Randall S. Abate, now affiliated with The George Washington University Law School, presented on his recently published book, What Can Animal Law Learn form Environmental Law? The workshop focused on how the fields of environmental law and animal law can work in concert. The Workshop was presented in collaboration with the FIU Law Student Animal Legal Defense Fund and FIU Law Environmental Law Society student organizations.
Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin
Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin
Animal Law Review
Modern industrial animal agriculture and consumer purchasing patterns do not match consumers' moral preferences regarding animal welfare. Current production methods infiict a great deal of harm on animals despite widespread consumer preference for meat, dairy, and eggs that come from humanely treated animals. Judging by the premium pricing and market shares of food products with moral or special labels (e.g., 'cage-free,' 'free range,' and 'organic'), many consumers are willing to pay more for less harmful products, but they are unable to determine which products match this preference. The labels placed on animal products, and the insufficient government oversight of these …
Barking Up The Wrong Tree: Regulating Fear, Not Risk, Ann L. Schiavone
Barking Up The Wrong Tree: Regulating Fear, Not Risk, Ann L. Schiavone
Animal Law Review
Beginning in the 1980s, the curious phenomenon of breed-specific legislation (BSL) began to spread across the U.S. and abroad. The phenomenon can be traced to sensationalistic media portrayals of the pit bull at that time. This kind of sensationalism was nothing new; throughout American history, various breeds have served as scapegoats, each taking a turn as the most ‘dangerous.’ While it was not new to seek to contain fears by isolating a particular ‘problem’ breed, the legislation itself was unprecedented. Today, in light of mounting evidence that factors other than breed are more determinative of aggression in domestic dogs and …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 21, Issue 2, 2015.
2014 Federal Legislative Review, Jessica Brockway
2014 Federal Legislative Review, Jessica Brockway
Animal Law Review
The 113th Congress escaped the designation of "least productive Congress in modern history" thanks to a particularly active lame duck session. During its session, the 113th Congress enacted 296 laws, 212 of which were "categorized ... as substantive " by the Pew Research Center, a nonpartisan "fact tank." This legislative activity, however, did not benefit animals. Of the pieces of proposed legislation discussed in this Review, none passed and, unless otherwise specified, all died in Committee.
Documentary Review: Of Dogs And Men, Rebecca Jenkins
Documentary Review: Of Dogs And Men, Rebecca Jenkins
Animal Law Review
No abstract provided.
A Stepping Stone Toward Companion Animal Protection Through Compensation, Zachary Paterick, Timothy Paterick, Sandy Sanbar
A Stepping Stone Toward Companion Animal Protection Through Compensation, Zachary Paterick, Timothy Paterick, Sandy Sanbar
Animal Law Review
Despite the fact that many Americans view their companion animals as part of the family, the law treats companion animals as personal property. The courts have viewed companion animals as property for over 200 years, however, this precedent no longer adequately accounts for the important role companion animals play in modern day lives, and no longer appropriately compensates for the true value the animal has to the owner. A modified investment approach, stemming from wrongful death precedent, provides both a qualitative and quantitative approach to adequately measure the compan-ionship value these animals have to humans. While courts have entertained various …
(Elephant) Death And Taxes: Proposed Tax Treatment Of Illegal Ivory, Angela Ostrowski
(Elephant) Death And Taxes: Proposed Tax Treatment Of Illegal Ivory, Angela Ostrowski
Animal Law Review
African elephants are poached for their ivory at alarming rates. If the current level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime prevention perspective. The current penalties and fines for the illegal trade in ivory are not enough of a deterrent. One method of deterrence that has not yet been explored is the imposition of tax consequences on the illegal ivory trade. This Article proposes a number of ways to use the tax system to …
Military Working Dogs: Classification And Treatment In The U.S. Armed Forces, Sarah D. Cruse
Military Working Dogs: Classification And Treatment In The U.S. Armed Forces, Sarah D. Cruse
Animal Law Review
This Article explores and evaluates the use of canines by the United States (U.S.) Armed Forces as military working dogs, and examines the reasons why the current administrative classification of these dogs is inappropriate. The author examines the historical use of, and increasing reliance on, military working dogs by the U.S. Armed Forces from World War II to present day. This historical exploration traces the development of the federal statutes and military regulations that govern the Military Working Dog Program. Federal law currently categorizes military working dogs as 'equipment,' which grossly underestimates their role within the U.S. military and deprives …
2014 State Legislative Review, Aaron C. Johnson
2014 State Legislative Review, Aaron C. Johnson
Animal Law Review
Several state legislatures addressed animal welfare issues in 2014. A young fifth-grader, motivated by a documentary, inspired her community and state legislature to attempt to pass legislation protecting orcas. Two states decided to blaze a new trail when they determined that the federal government was not going far enough to stop the ivory and rhino horn trade. The battle between freedom of speech and property rights reared its ugly head as several states took on the polemical issue of 'ag-gag.' Lastly, we witnessed breed-specific legislation become illegal in three more states, with science trumping the availability heuristic.
In Memoriam: Peter S. Nycum, David B. Rosengard
In Memoriam: Peter S. Nycum, David B. Rosengard
Animal Law Review
No abstract provided.
Coming Home To Roost: How The Chicken Industry Hurts Chickens, Humans, And The Environment, Bruce Friedrich, Stefanie Wilson
Coming Home To Roost: How The Chicken Industry Hurts Chickens, Humans, And The Environment, Bruce Friedrich, Stefanie Wilson
Animal Law Review
The chicken industry is harming animals, befouling our environment, exploiting farmers and workers, and harming human health. In this Article, we discuss the harms and some of the solutions. In Part I, we discuss animal welfare, both on the farm and at slaughter. In Part II, we discuss the environment, both local and global. In Part III, we discuss human rights, with a focus on chicken growers, slaughterhouse workers, and the global poor. In Part IV, we discuss the effect of chicken consumption on human health. In each of our first four Sections, we offer a few examples of actions …
Knot Your Average Bird: A Case Study Of The Rufa Red Knot In The Face Of Climate Change, Stephanie Schwarz
Knot Your Average Bird: A Case Study Of The Rufa Red Knot In The Face Of Climate Change, Stephanie Schwarz
Animal Law Review
Analyzing the staggering distances traveled by migratory shorebirds, and the challenges faced by these birds during their migration periods, this Article conflates and contrasts the myriad environmental impacts climate change is forcing the globe to contend with. The rufa red knot navigates a migratory path that annually takes it from Tierra del Fuego all the way to Arctic Canada. Because the red knot’s course of migration is so lengthy, and because the number of ecosystems it encounters along the way are so diverse, the red knot is emblematic of the challenges faced by both migratory shorebirds, and the coastal ecosystems …