Animal Law Commons^™

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 3, Issue 1.

The Thirsty Cow And And Important Distinction, Priscilla Cohn

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 …

Where Do We Draw The Line Between Harassment And Free Speech?: An Analysis Of Hunter Harassment Law, Katherine Hessler

Animal Law Review

Ms. Hessler examines the constitutionality of the federal hunter harassment statute and concludes that protests of hunting events should be protected under the First Amendment.

The Rise Of Equine Liability Activity Acts, Sharlene A. Mcevoy

Animal Law Review

In recent years, the equine industry has become concerned by court decisions which undermine the traditional view that persons who participate in horseback riding activities assume the risk of any iJ\iury they incur. Ms. McEvoy examines significant cases and state statutes designed to meet the challenges posed by these decisions, as well as the legislative history behind a Connecticut statute.

Animal Rights Theory And Utilitarianism: Relative Normative Guidance, Gary L. Francione

Animal Law Review

Mr. Francione examines the philosophies of Peter Singer and Tom Regan and concludes, in part, that there is nothing in rights theory that necessarily precludes the animal advocate from pursuing incremental legislative or judicial change; however, he asserts that we cannot speak meaningfully of legal rights for animals as long as animals are regarded as property.

Biotechnology And The Patenting Of Living Organisms, Matthew Mcgovern

Animal Law Review

Mr. McGovern discusses the reasoning behind the leap from patentability of non-living things to the living thing~ within the last twenty years. He concludes that neither the Supreme Court or Court of Customs and Patent Appeals has offered a convincing rationale for the inclusion of living things within 35 U.S.C. Section 101.

On The "Necessary Suffering" Of Nonhuman Animals, Michael Allen Fox

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

Scholarly Works

Part of a number of essays which follow are written by experts from various interdisciplinary fields at the request of Animal Law.

I chose the title with deliberation. My concern in this paper is not with moral theory, but with the law that has given rights to owned-animals, and the extent to which these rights have been enforced.

I believe that there is a three-fold hierarchy as to the extent of these rights in accordance with the animal that is their object. At the top of the hierarchy are rights accorded to slaves under a legal system that is not …

Reconciling Polar Bear Protection Under United States Laws And The International Agreement For The Conservation Of Polar Bears, Donald C. Baur

Animal Law Review

Mr. Baur outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. Mr. Baur points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions.

Bioethics And Animal Experimentation, Arthur B. Lafrance

Animal Law Review

No abstract provided.

Principles Of Animal Research: Replacement, Reduction, Refinement, And Responsibility, Bryan D. Ogden

Animal Law Review

No abstract provided.

Symposium: Perspectives On Domestic And Captive Animals

Animal Law Review

On September 23, 1995, the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College held a symposium on issues affecting domestic and captive animals. Matters such as factory farming, animal litigation, animal welfare laws, bioethics and anticruelty legislation were discussed. Participants in the symposium included attorneys, biologists, veterinarians and professors of law. The following articles are adapted from the remarks presented at the symposium.

Some Thoughts On Animal Experimentation, David Favre

Animal Law Review

No abstract provided.

The Kittles Case And Its Aftermath, Joshua Marquis

Animal Law Review

No abstract provided.

A Dangerously Misleading Case For Extinction: A Review Of Noah's Choice: The Future Of Endangered Species, Shennie Patel

Animal Law Review

No abstract provided.

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 3, Issue 1.

Animals As Property, Gary L. Francione

Animal Law Review

No abstract provided.

Effective Voir Dire In Animal Cases, Larry Weiss

Animal Law Review

No abstract provided.

Animal Cruelty Legislation: The Pasado Law And Its Legacy, Steve Ann Chambers

Animal Law Review

No abstract provided.

The Injustice Of Animal Welfare: A Review Of Animals, Property, And The Law, Priscilla N. Cohn

Animal Law Review

No abstract provided.

The Oregon Bear And Cougar Initiative: A Look At The Initiative Process, Nancy Perry

Animal Law Review

No abstract provided.

Screening Water Diversions For Fish Protection: A Survey Of Policy, Practices, And Compliance In The Pacific Northwest, James D. Crammond

Animal Law Review

Unscreened surface water diversions damage and kill young fish. The decline of anadromous fish stocks in the Columbia Basin puts a premium on protection of juvenile salmon. State laws require screens on surface water diversions, but compliance has been poor. The Endangered Species Act and the Northwest Power Act have motivated and funded a massive remedial screening effort since 1991. Effective screens, installed with ratepayer and taxpayer funds, have dramatically improved fish protection at diversions. However, many harmful diversions remain. This paper concludes that, although progress has been swift, full compliance in 1996 is problematic. Greater incentives and enforcement are …

Between The Flood And The Rainbow: Our Covenant To Protect The Whole Of Creation, Bruce Babbitt

Animal Law Review

As Congress weighs the interests of landowners against the environment, the future of the Endangered Species Act may be in peril. Secretary Babbitt discusses the success of our environmental laws and urges recognition of the moral, ethical, and religious values underlying the Endangered Species Act. These values manifest themselves in a wolf's green eyes, a sacred blue mountain, the words from Genesis, and the answers of children. These considerations should lead us to the conclusion that we are responsible for the whole of creation.

Beyond The Law: Agribusiness And The Systemic Abuse Of Animals Raised For Food Or Food Production, David J. Wolfson

Animal Law Review

Animals raised for food or food production in the United States are, in large part, excluded from legal protection against cruelty. This article describes the minimal state and federal laws relating to such animals and documents numerous recent amendments to state anticruelty statutes that have placed the definition of cruelty to farm animals in the hands of the farming community. Mr. Wolfson argues that these amendments contradict the historical purpose of anticruelty statutes originally enacted to protect farm animals. The article also contrasts this regressive legal development with progressive European legislation. Finally, Mr. Wolfson outlines a path for reform.

Biological Continuity And Great Ape Rights, Mark A. Krause

Animal Law Review

No abstract provided.

Legal Rights For Nonhuman Animals: The Case For Chimpanzees And Bonobos, Steven M. Wise

Animal Law Review

No abstract provided.

From Microbe To Man, Mark O. Hatfield

Animal Law Review

Federal policy toward animal patenting and current issues in bioethics.

How Nonhuman Animals Were Trapped In A Nonexistent Universe, Steven M. Wise

Animal Law Review

The development of the common law as it concerns the relationships between human and nonhuman animals.

Honorable Discharge: Paws V. Department Of The Navy, Andrea Vitalich

Animal Law Review

Case analysis and argument that the Washington district court’s NEPA analysis could lead to heightened protection for animals.

Animal Rights Cause Gains Credibility, Al Johnson

Animal Law Review

Comparison of John Stuart Mill’s social movement theory to the animal rights movement.