Animal Law Commons^™

Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett

Pace Environmental Law Review

Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal …

Origins And Development Of Teaching Animal Law In Brazil, Tagore Trajano De Almeida Silva

Pace Environmental Law Review

This paper examines the strategies utilized on each continent and shows the path made for these scholars to build a framework to discuss animal law within law schools. The conclusion is that this movement produced by such scholars has changed the way law schools are teaching law and is affording new opportunities to solve animal concerns, and likewise, social problems in Brazil and around the world.

Therefore, this article first discusses the philosophical Brazilian background to teach animal law, and how the animal rights movement creates a framework for professors and students working in this field. It then summarily explores …

Foreword, David N. Cassuto

Pace Environmental Law Review

The overlap between animal law and environmental law arises because the two disciplines are fundamentally linked. One cannot talk about the environment without also discussing the nonhuman sentient beings that populate it. Indeed, as I shall discuss shortly, one of the most vexing issues for me— as a scholar working in both fields—involves my ongoing attempt to address the historical tension between the two disciplines. This volume of the Pace Environmental Law Review (PELR) marks an important step on the path toward resolving those tensions and moving environmental law forward. That path will not always be smooth, nor will it …

2013 Federal Legislative Review, Angela Ostrowski

Animal Law Review

No abstract provided.

The Church Of Animal Liberation: Rights As 'Religion' Under The Free Exercise Clause, Bruce Friedrich

Animal Law Review

In this Article, I contend that a belief in animal liberation qual­ifies as religion under the Free Exercise Clause jurisprudence of the United States Constitution. Thus, every time a prison warden, public school teacher or administrator, or government employer refuses to accommodate the ethical belief of an animal liberationist, they are infringing on that person's relig­ious freedom, and they should have to satisfy the same consti­tutional or statutory requirements that would adhere were the asserted interest based on more traditional religious exercise. One possible solution to the widespread violations of the First Amendment rights of animal liberationists would be the …

The Spirit Of The Buffalo: The Past And Future Of An American Plains Icon, William Holland

Animal Law Review

Though bison are iconically associated with the United States, their historical fortunes have often been opposite those of the U.S. As the nation expanded westward, government policy, de­mand for bison products, and changing land use perilously re­duced bison numbers. Efforts to restore bison have been complicated by overlapping legal concerns: state, federal, tribal, and constitutional. This Note examines the legal context sur­rounding bison restoration, focusing particularly on the critical herd connected with Yellowstone National Park. Former mem­bers of the Yellowstone herd, in turn, are the subjects of the Montana Supreme Court's 2013 ruling in Citizens for Balanced Use v. Maurier, …

Front Matter

Animal Law Review

No abstract provided.

Harming The Tinkerer: The Case For Aligning Standing And Preliminary Injunction Analysis In The Endangered Species Act, Danny Lutz

Animal Law Review

Reviewing preliminary injunction motions under the Endangered Species Act (ESA), most district courts evaluate “irreparable harm” through one of two lines of analysis. One line, promoted by property rights interest groups, reasons that individual mortalities might not constitute irreparable harm if they do not impact survival of the species. In contrast to this “species-level harm” analysis, another approach argues that “individual-level harm” suffices because it is irreparable to the animal. The recent First Circuit opinion in Animal Welfare Institute v. Martin attempts, but ultimately fails, to bridge the divide over which level of analysis to apply for irreparable harm under …

The Bestiality Proscription: In Search Of A Rationale, Antonio M. Haynes

Animal Law Review

Addressing a taboo rarely discussed in scholarly works, this Ar­ticle analyzes frequently advanced arguments supporting prohibitions on bestiality. Though on a superficial level the ar­guments seem appealing, upon closer inspection the standard justifications break down under internal inconsistencies. A dif­ferently constructed theory may not only provide a rationalized, consistent basis for regulating bestiality, but also lend greater coherence to laws regulating sexuality in general. Part II of this Article explores arguments related to consent; Part III dis­cusses bestiality impermissibly using animals as a means; Part IV examines public health arguments, largely relating to those diseases that can spread easily from …

Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton

Animal Law Review

This Article, presented by a former general counsel for WildEarth Guardians, discusses the organization’s attempts to protect imperiled species under the Endangered Species Act (ESA). By comparing extinction patterns from the past, we can see that the human impact on the Earth’s biodiversity is similar to that caused by past geological catastrophes. The ESA is the Noah’s Ark of our time, providing the best opportunity to help stem the tide of extinction. In analyzing the ESA, it is clear that the Act serves important human interests and is effective when utilized as intended. However, the United States Fish & Wildlife …

2013 State Legislative Review, Cameron Taylor

Animal Law Review

No abstract provided.

The Endangered Species Act At Forty: The Good, The Bad, And The Ugly, Daniel J. Rohlf

Animal Law Review

No abstract provided.

Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael C. Blumm, Kya B. Marienfeld

Animal Law Review

The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently conceded that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions. In this Article, we explain those decisions—involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse—and their implications. We conclude with some surprising observations about the Obama Administration’s apparent endorsement of …

The Lizard, The Scientist, & The Lawmaker: An Analysis Of The Trending Fight Over The Use Of Science Under The Endangered Species Act And How To Address It, Brie D. Sherwin

Animal Law Review

Recently in Texas, the dunes sagebrush lizard—a tiny, little-known reptile living in the sparse brush and dunes of the oil and gas fields—sparked a heated discussion and criticism over the listing process under the Endangered Species Act (ESA). This six-year battle ended with the withdrawal of a proposed rule to list the lizard and resulted in numerous criticisms about the role and use of scientific data throughout the process. Under the ESA, the United States Fish & Wildlife Service (FWS) is required to consider the best available scientific data when deciding whether to list a species. However, there is no …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 21, Issue 1, 2014.

You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki

Animal Law Review

Feral dogs occupy an ambiguous position, challenging standard categories of domestication, wildness, and property ownership. This ambiguity, in turn, complicates the legal status of feral dogs. Feral dogs' property status is particularly critical, as whether a feral dog is owned by someone, or no one at all, hold implications not only for civil and criminal liability in incidents involving feral dogs, but also the legal ability of animal rescue organizations to intervene in the lives of feral dogs. Part II of this Article summarizes the application of property law to ani­mals, particularly highlighting the role played by an animal's status …

Dog Meat Trade In South Korea: A Report On The State Of The Trade And Efforts To Eliminate It, Claire Czajkowski

Animal Law Review

Within South Korea, the dog meat trade occupies a liminal le­gal space-neither explicitly condoned, nor technically prohib­ited. As a result of existing in this legal gray area, all facets of the dog meat trade within South Korea-from dog farms, to transport, to slaughter, to consumption-are poorly regulated and often obfuscated from review. In the South Korean context, the dog meat trade itself not only terminally impacts millions of canine lives each year, but resonates in a larger national con­text: raising environmental concerns, and standing as a proxy for cultural and political change. Part II of this Article describes the nature …

Animal Law In California , William Mccarty Noall

Pepperdine Law Review

No abstract provided.

A Short History Of (Mostly) Western Animal Law: Part Ii, Thomas G. Kelch

Animal Law Review

This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. In Part I of this Article, it was discovered that while economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment, we see …

Empowering Market Regulation Of Agricultural Animal Welfare Through Product Labeling, Sean P. Sullivan

Animal Law Review

In many Western nations, rising public concern about the welfare of agricultural animals is reflected in the adoption of direct regulatory standards governing the treatment of these animals. The United States has taken a different path, tending to rely on a “market-regulation” approach whereby consumers express their desire for specific welfare practices through their purchasing decisions. This Article explores the failure of market regulation and the welfare-preference paradox posed by consumers who express a strong preference for improved animal welfare in theory, but who simultaneously fail to demand heightened welfare standards in practice. It argues that market regulation is failing …

Twenty Years And Change, David Favre

Animal Law Review

This Introduction provides an overview of the evolution of animal law over the past twenty years, demonstrating how changes in the law, social awareness, and legal education have directly affected this field. This Introduction describes both the positive and negative changes that have taken place, from the banning of dogfighting and cockfighting by federal law and some state laws; a spread in voter-adopted legislation providing for the protection of agricultural animals; and movements to reduce the use of chimpanzees in animal research; to the limitations of the Animal Welfare Act; changes in the United States Department of Agriculture (USDA) policy …

From The Halls Of Congress To The Shores Of The Little T: The Snail Darter And The Dam: How Pork-Barrel Politics Endangered A Little Fish And Killed A River By Zygmunt J. B. Plater, Sara Blankenship

Animal Law Review

The snail darter has become a symbol of environmental extremism. In reality, however, the farmers, members of the Cherokee Nation, and concerned citizens were simply fighting to keep the Tennessee Valley Authority (TVA)’s Tellico Dam from destroying the last free-flowing miles of the Little Tennessee River. This Book Review examines the work of Zygmunt J.B. Plater, the law professor who, along with ordinary citizens, fought their case all the way to the United States Supreme Court in defense of their river, the snail darter, and the Endangered Species Act. Plater reveals the truth behind the landmark TVA v. Hill case …

2012 Federal Legislative Review, Carolyn Greenshields, Kimberly White Laduca

Animal Law Review

No abstract provided.

U.S. Ivory Trade: Can A Crackdown On Trafficking Save The Last Titan?, Beth Allgood, Marina Ratchford, Peter Lafontaine

Animal Law Review

Rampant poaching has put African elephants on the verge of extinction in the wild, and the United States (U.S.) is complicit in this crisis. Despite the best efforts of federal agencies, porous national borders, legal loopholes, and deep-seated difficulties in law enforcement make the U.S. a major market for illicit ivory. While the White House, the United Nations, and the European Union, along with other voices, are sounding alarms, bold and concrete actions have been slow in coming. The U.S., in particular, is only beginning to acknowledge its own role in the slaughter, and still relies on a patchwork of …

Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes

Animal Law Review

This Note evaluates the methods advocates have taken toward furthering great ape protection in the United States (U.S.). Many animal advocates argue that abolishing animals’ property status is essential to establishing effective protections; nonetheless, it will take time for our society to accept the concept of legal personhood for animals. Therefore, this Note suggests that for the time being, great ape protection should be framed in a human context, to protect animals within the existing, property-based animal law system. In general, this Note provides background on the property status of animals in the U.S., specifically analyzes the legal status of …

What Is Animal Law?, Jerrold Tannenbaum

Cleveland State Law Review

This Article considers a critically important issue facing the new field of animal law: how to define animal law itself. Two sharply different general approaches to defining the area currently vie for support. One defines animal law as committed to advocacy on behalf of animals, including, for many proponents of this approach, promotion of animal rights. The competing approach defines animal law in a purely descriptive manner, as (roughly) the area of law that relates to animals, whatever substantive principles regarding animals the law may adopt. The Article demonstrates that advocacy-oriented definitions violate fundamental standards of definition and conflict with …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 19, Issue 2, 2013.

Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith

Animal Law Review

In the United States, violent use of “bullhooks”—sharpened, steel-tipped rods—on captive elephants at carnivals, circuses, and zoos is all too routine. Yet animal-welfare advocates struggle to protect elephants from the (mis)use of bullhooks under the current regulatory regime. At the federal level, advocates cannot consistently rely on either the Animal Welfare Act or the Endangered Species Act, due to these statutes’ narrow provisions, standing limitations, and inconsistent enforcement. State animal-protection laws are equally deficient, as only two states have defined suffering and abuse clearly enough in their statutes to enable effective prosecution of elephant mistreatment, and plaintiffs in even these …

Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan

Animal Law Review

No abstract provided.

2012 State Legislative Review, Laura Hagen

Animal Law Review

No abstract provided.