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Articles 391 - 420 of 457
Full-Text Articles in Animal Law
Front Matter
Animal Law Review
Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 5, Issue 1.
Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon
Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon
Animal Law Review
The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land seres more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlaujul Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southnwestern United States.
State Animal Anti-Cruelty Statutes: An Overview, Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, Paul A. Ernest
State Animal Anti-Cruelty Statutes: An Overview, Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, Paul A. Ernest
Animal Law Review
This article provides an introduction to the current status of state animal anti-cruelty laws throughout the United States. Extensive exploration of the similarities and differences between these statutes, combined with detailed statutory citations, enables this article to serve as a useful resource for research and statistical purposes. Additionally, the article offers an opportunity to review many of the provisions contained within these anti-cruelty statutes and to identify those in need of improvement.
Examining The Viability Of Another Lord Of Yesterday: Open Range Laws And Livestock Dominnance In The Modern West, Coby Dolan
Animal Law Review
In this comment, the author explores the development of open range laws in Oregon and other western states and argues such laws should be abolished or drastically amended. Common law requires ranchers to fence livestock in or face liability for damages caused by strays. Hvever, historical customs and practices of Western states were shaped by vast open lands and sparce populations, leading to open range customs which required a landowner to fence "out" livestock to protect their property. This comment focuses on the case of Dr. Patrick Shipsey, an Oregon landowner convicted of shooting cattle that wandered onto his land. …
Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood
Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood
Animal Law Review
The idea that there is a connection between the way individuals treat animals and human beings has a long history in Western popular culture, but a shorter history as the subject of scientific research. Recently, a growing body of evidence has confirmed an association between repeated, intentional abuse of animals and a variety of violent antisocial behaviors including child abuse, domestic violence, and violent criminal activities. The public made this connection before most law-enforcement or menial health officials. Public sentiment for tougher and better-enforced animal cruelty laws is strong, and there has been a dramatic response to recent high-profile animal …
Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw
Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw
Animal Law Review
The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent …
Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise
Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise
Animal Law Review
The rule that "animals are property," and do not merit legal rights, is ingrained in the law of English-speaking countries. Challenges to this rule must be brought in strategic, thoughtfu, sensitive, sophisticated, and coordinated ways. This essay offers seven related strategic considerationsf or anyone who wishes to battle the "animals as property" rule.
The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon
The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon
Scholarly Works
No abstract provided.
Mclibel, David J. Wolfson
Mclibel, David J. Wolfson
Animal Law Review
In 1991, McDonald's sued two pro se defendants in England for defamation in relation to, among other things, allegations that McDonald's was culpably responsible for cruel common farming practices. The case took seven years and the appeals still continue, Though McDonald's spent over $16 million on legal representation and had significant legal advantages, it lost major portions of the case, including the issue of animal cruelty. Mr. Molfson discusses the background and holding of "MeLibel" in relation to cruel common farming practices, its unique legal context, and the impact of the holding on animal law in general and state anti-cruelty …
Free Speech, Animal Law, And Food Activism, Howard F. Lyman
Free Speech, Animal Law, And Food Activism, Howard F. Lyman
Animal Law Review
No abstract provided.
1998 Legislative Review, Aaron Lake
1998 Legislative Review, Aaron Lake
Animal Law Review
Legislative Review is a new feature summarizing the major state ballot initiative drives over the past year. The 1998 Legislative Review contains an overview of initiatives including: cockfighting in Arizona and Missouri; trapping in Alaska in Alaska and California; hunting in Minnesota and Ohio; animal farming in California, Colorado, and South Dakota; and wildlife protection in Utah.
Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner
Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner
Animal Law Review
Since 1978, forty states and one United States territory have passed laws to protect police dogs. Despite the numerous peculiarities contained in these laws, as well as the legal issues raised by them, none of the laws have been reviewed in academic literature. Although the courts have had little occasion to analyze the vast breadth of issues surrounding the police dog laws, there is much to be said about the components of the various statutes. This article examines the statutory requirements and prescribed penalties relating to police dog statutes and opens debate on the prudence and value of such laws. …
"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt
"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt
Animal Law Review
In 1997 the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneuvering by all of the concerned parties. Mr. Eichstaedl examines the history of the Makah whaling rights from the Tribe's treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Americans re-asserting a centuries-old custom.
The Conflict Between Species In An Ever More Crowded World, Jane Goodall
The Conflict Between Species In An Ever More Crowded World, Jane Goodall
Animal Law Review
No abstract provided.
Oregon Dog Control Laws And Due Process: A Case Study, Christopher C. Eck, Robert E. Bovett
Oregon Dog Control Laws And Due Process: A Case Study, Christopher C. Eck, Robert E. Bovett
Animal Law Review
Mr. Eck and Mr. Bovett examine the inequities and inconsistencies in Oregon dog control laws and due process concerns arising from them. The authors outline constitutional requirements that need to be enforced to ensure protection against unreasonable government actions in cases involving these laws.
Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix
Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix
Animal Law Review
Dr. Lacroix discusses the correlation between different forms of family violence and suggests that family pets are just another victim. Dr. Lacroix proposes that stronger animal anticruelty laws may be part of the solution to reducing family violence because they enhance the likelihood of detection of an offender's abusive behavior.
Dolphin-Safe Tuna: The Tide Is Changing, Kristin L. Stewart
Dolphin-Safe Tuna: The Tide Is Changing, Kristin L. Stewart
Animal Law Review
Ms. Stewart reviews the history of the tuna-dolphin controversy in the Eastern Pacific Ocean. She explores international agreements and U.S. law that mandate dolphin-safe tuna fishing practices. Finally, Ms. Stewart reviews the steps taken by the United States, including embargoes against other countries' tuna, to force tuna-fishing nations to use dolphin-safe practices.
The Fruits Of Our Labor: Results From The First Session Of The 105th Congress -- 1997 Federal Legislative Summary, Nancy Perry
The Fruits Of Our Labor: Results From The First Session Of The 105th Congress -- 1997 Federal Legislative Summary, Nancy Perry
Animal Law Review
Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legislative agenda in is this area. She also provides a current legislative update for each bill involved.
Recovery Of Common Law Damages For Emotional Distress, Loss Of Society, And Loss Of Companionship For The Wrongful Death Of A Companion Animal, Steven M. Wise
Recovery Of Common Law Damages For Emotional Distress, Loss Of Society, And Loss Of Companionship For The Wrongful Death Of A Companion Animal, Steven M. Wise
Animal Law Review
Mr. Wise analyzes experiential recognition of the bond that exists between human companions and companion animals in the context of possible recovery of tort damages for the wrongful death of a companion animal. He demonstrates that companion animals are often seen by their human companions as members of the family (holding much the same status as children). He discusses historical aspects of the common law as they relate to current tort law in such cases and examines the tension that exists between principle and policy.
If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai
If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai
Animal Law Review
Mr. Shenai examines animal rights in the context of federal animal testing. After discussing current federal research policy and the positions held by animal rights advocates, he proposes a new statute to accommodate all interests in society as well as the rights of the animals being considered for testing.
Can Nonhuman Animals Find Tort Protection In A Human-Centered Common Law?, Enger Mccartney-Smith
Can Nonhuman Animals Find Tort Protection In A Human-Centered Common Law?, Enger Mccartney-Smith
Animal Law Review
Section 870 of the Restatement (Second) of Torts provides a method by which a court might extend private intentional tort rights to nonhuman animal plaintiffs. Given our current scientific and experiential understanding of many species, combined with existing court procedures to ease administrability, such an extension of tort law is mandated.
Obstacles To Legal Rights For Animals: Can We Get There From Here?, Susan Finsen
Obstacles To Legal Rights For Animals: Can We Get There From Here?, Susan Finsen
Animal Law Review
No abstract provided.
"Do Dogs Ape?" Or "Do Apes Dog?" And Does It Matter? Broadening And Deepening Cognitive Ethology, Marc Bekoff
"Do Dogs Ape?" Or "Do Apes Dog?" And Does It Matter? Broadening And Deepening Cognitive Ethology, Marc Bekoff
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …
Animal Oppression And The Pragmatist, Lesli Bisgould
Animal Oppression And The Pragmatist, Lesli Bisgould
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …
Thunder Without Rain: A Review/Commentary Of Rain Without Thunder: The Ideology Of The Animal Rights Movement, Steven M. Wise
Thunder Without Rain: A Review/Commentary Of Rain Without Thunder: The Ideology Of The Animal Rights Movement, Steven M. Wise
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …
Rights Of Slaves And Other Owned-Animals, Alan Watson
Rights Of Slaves And Other Owned-Animals, Alan Watson
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. The law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. However, through the efforts of people who have recognized the law's shortcomings and have sought to correct them, justice may eventually prevail. Unfortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by experts from various interdisciplinary fields at …
Are Women Persons?, Drucilla Cornell
Are Women Persons?, Drucilla Cornell
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …
Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler
Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler
Animal Law Review
Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.
Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise
Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise
Animal Law Review
This Symposium was adapted from a presentation to the Senior Lawyers Division of The American Bar Association, Orlando, Florida, Aug. 2, 1996.
Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf
Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf
Animal Law Review
The 104th Congress legislated a complete moratorium on the listing of species and critical habitat under the Endangered Species Act. Mr. Kopf explores the motivations behind the moratorium and shows how market forces may further weaken the ESA. This article questions whether the moratorium and its subsequent repeal signal a new era of environmental awareness or a return to industry's discreet manipulation of the legislative process.