Animal Law Commons^™

Center For Biological Diversity V. Zinke, Ryan Hickey

Public Land & Resources Law Review

The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …

Editor's Note, Luke Trompeter, Ingrid Lesemann

Sustainable Development Law & Policy

No abstract provided.

If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal's Intelligence For Determinations Of Legal Personhood, Paul Mclaughlin

Scholarly Works

No abstract provided.

'Ruff' Justice: Canine Cases And Judicial Law Making As An Instrument Of Change, Richard Jochelson, James Gacek

Animal Law Review

The regulation of animals in North America should be apprised of evolving socialities. As the judiciary encounters situations of contestation between humans and animals in adjudication, it should take notice of the emergence of animal recognition in Western societies. Law is apprised of sociality, can absorb social information, and may, at times, reflect how citizens view issues of justice. What was once innocent behavior can be reconstituted as criminal through the adjudicative exercise (and vice versa). In this Paper, we investigate socio-legal constructions of ‘the animal’ in two recent North American adjudications. In two recent cases, R. v. D.L.W. and …

The Endangered Species Act As Applied To Captive Animals: Sea Shepherd Legal's Amicus Brief In Peta V. Miami Seaquarium, Sea Shepherd Legal

Animal Law Review

This Article contains Sea Shepherd Legal’s (SSL) amicus brief in the matter of People for the Ethical Treatment of Animals v. Miami Seaquarium, an ongoing litigation concerning the captive orca known as “Lolita.” SSL filed this brief for two reasons. First, the conditions under which Lolita is held are at once particularly illegal and immoral. Lolita’s conditions of captivity violate both the Endangered Species Act (ESA) and the Animal Welfare Act (AWA), all while imposing continuous harm on a highly intelligent being in the name of entertainment. Second, the decision in this case frustrates the logic of the underlying laws. …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 25, Issue 1, 2018.

Frankly My Dear, I Don’T Want A Dam: Refocusing Dam Removal Priorities To Protect Endangered Salmon Now, Skylar Sumner

Animal Law Review

Dams are a critical threat to salmon habitat and population recovery. While much progress has been made in the past few years with dam removal, the more quickly dams are removed, the greater chance that salmon can be restored to their historic ranges. In the Pacific Northwest, dams are a particular threat to salmon. Many regulatory tools can be used to bring dams into compliance, but there is often much resistance to these efforts. This Essay proposes that by targeting dilapidated private dams opposed to functional ones on public land, compliance or removal will be achieved with less resistance and …

Animals In Transport Languish As Twenty-Eight Hour Law Goes Off The Rails, Michelle Pawliger, Dena Jones

Animal Law Review

This Article seeks to identify how the U.S. Twenty-Eight Hour Law, requiring feeding, water, and rest for specific animals being transported after twenty-eight hours of travel, is not being adequately enforced by United States Department of Agriculture (USDA) or United States Department of Transportation (DOT). In this Article, AWI first establishes the legal background of the Twenty-Eight Hour Law and subsequent regulations implemented by the USDA and DOT. Next, AWI discusses the recent history of the law’s implementation, or lack thereof, by these Departments and enforcement protocol of the Investigative and Enforcement Services for the Animal and Plant Health Inspection …

6,083 Dogs Shot And Killed: The Unknown Puppycide Epidemic In America, Genette Gaffney

Animal Law Review

Wrongful police killings of companion dogs is gaining attention on local and national levels. Efforts to hold officers accountable are often stalled by a qualified immunity provided to officers under the Fourth Amendment and the lack of state laws and policies providing protection to domesticated animals. This article examines case law on qualified immunity—and state statutes offering canine protection—and suggests different policies that may be implemented to afford better protection to our pets and citizens. Part I provides a brief background on why dog shootings persist and provides examples of dogs shot and killed by police. Part II discusses and …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 24, Issue 1.

Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein

Animal Law Review

This Article discusses the problem of veterinary lien laws that treat companion animals as inanimate objects, in a modern society that often views pets as members of the family. Historically, pets, like automobiles, were subject to possessory liens. If an automobile owner couldn’t pay the repair bill, the mechanic could keep possession of the car or sell the car to recoup costs. Veterinary lien laws treat companion animals in a similar fashion. If the owner cannot not pay the veterinary bill in full, the veterinarian is often permitted to keep possession of the companion animal until the bill is paid. …

The Black Man’S Dog: The Social Context Of Breed Specific Legislation, Ann Linder

Animal Law Review

Hundreds of communities throughout the United States have imposed breed-specific dog laws that prohibit ‘pit bulls’ in the name of public safety. This Article examines the relationship between pit bulls and people of color incorporating new research to argue that these laws may be rooted in racial bias. In such instances, breed-specific bans function as a means of keeping minorities out of majority-white neighborhoods. Finally,

Animals As Living Accommodations, Ani B. Satz

Animal Law Review

This is the first symposium published in a law journal about using nonhuman animals as “living accommodations” for individuals with disabilities. The symposium features the work of both invited participants and speakers chosen from a call for papers issued by The Association of American Law Schools’ (AALS) Section on Animal Law for the AALS 2017 Annual Meeting, which was held in San Francisco, California, in January 2017. This program was co-sponsored by the Sections on Disability Law and Law and Mental Disability.

Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot

Scholarly Works

The harms of puppy mills have been well-publicized over the past decade: hundreds of female dogs living out their lives in small cages, producing puppies for sale with each heat cycle, with neither the breeding stock nor puppies receiving normal veterinary care. In popular media, academic critiques, activist publications, and legislative discussion, puppy mills are contrasted with smallvolume dog breeders—the hobby breeder or inadvertent breeder who has only a few dogs and treats them as pets or members of the family, breeding occasionally for personal reasons. Both state and federal laws have been designed to regulate puppy mills and other …

Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein

Faculty Scholarship

This Article discusses the problem of veterinary lien laws that treat companion animals as inanimate objects, in a modern society that often views pets as members of the family. Historically, pets, like automobiles, were subject to possessory liens. If an automobile owner couldn't pay the repair bill, the mechanic could keep possession of the car or sell the car to recoup costs. Veterinary lien laws treat companion animals in a similar fashion. If the owner cannot not pay the veterinary bill in full, the veterinarian is often permitted to keep possession of the companion animal until the bill is paid. …

Animal Law In A Changing (And Challenging) Political Climate: One Professor's Musings After 100 Days Of The Trump Administration, Kathy Hessler

Animal Law Review

This Introduction discusses the current political climate follow­ing the presidential inauguration of Donald J. Trump, with a focus on Trump's first 100 days in office and what his actions entail for animal advocates as well as for the field of animal law. The Introduction approaches the Trump presidency through a historical and practical lens, then scrutinizes the Trump administration's actions through its first 100 days. Fol­lowing this analysis, the Introduction turns to the considerable number of voices that have risen in response to the President's initiatives and to those of his party. This Introduction con­cludes by emphasizing the need for …

Telling Tails: The Promises And Pitfalls Of Language And Narratives In Animal Advocacy Efforts, Angela Lee

Animal Law Review

Using a feminist theoretical perspective and drawing on exam­ples from Canada and the United States, this Article considers the promises and pitfalls of language and narrative in the con­text of animal advocacy efforts. Because the animal advocacy movement faces an uphill battle on a number of fronts, leverag­ing language and narrative more conscientiously can help en­hance its success. Elucidating the equivocal nature of the premises on which our current social and legal conceptualiza­tion of nonhuman animals lies can prompt a shift in the domi­nant modes of thjnking about nonhuman animals, thereby stimulating meaningful change in their treatment. However, it is …

Red Wolf Coalition V. North Carolina Wildlife Resources Commission: Better Red Than Dead, Edward A. Fitzgerald

Animal Law Review

This Article demonstrates how federal district court decisions have protected the threatened red wolf. The history of red wolf introduction and the Fourth Circuit decision in Gibbs v. Babbitt are reviewed. In 2012, North Carolina allowed coyote hunting in the red wolf recovery area. The District Court for the Eastern District of North Carolina correctly issued an injunction stop­ping the action. The court held North Carolina set in motion events that led to the killing of red wolves and violated federal regulations regarding the taking of red wolves. The resulting settlement agreement precluded state interference with red wolf recovery. Genetic …

Animal Welfare Legislation In Taiwan And China: Examining The Problems And Key Issues, Shih-Yun Wu

Animal Law Review

This Article offers an overview and evaluation of Taiwan's and China's draft laws for protecting animals, which were drafted by countries that have not experienced comprehensive animal welfare movements. The Article focuses on interpreting the statutory offenses for cruelty and animal welfare infringe­ments, and the problems and deficiencies of the draft laws' sub­stance and enforcement mechanisms-the most critical factors affecting the effectiveness of the animal protection legislation.

2016 State Legislative Review, Kaci Hohmann

Animal Law Review

No abstract provided.

2016 Federal Legislative Review, Danielle Elefritz

Animal Law Review

Toronto Pig Save and the Save Movement gained worldwide at­tention with the Pig Trial. The defense, with the help of a coali­tion of animal rights groups, was able to put animal agriculture on trial by focusing on the ethics, animal suffering, environ­ment, and health aspects of animal agriculture. Meanwhile, the Save Movement is growing exponentially with 166 groups in seventeen countries bearing witness to animals headed to a slaughterhouse in local communities.

“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy

Mitchell Hamline Law Review

No abstract provided.

Criminalizing Fake Service Dogs: Helping Or Hurting Legitimate Handlers?, Tiffany Lee

Animal Law Review

An increasing number of states are passing laws criminalizing the use of fraudulent service animals. This Article explores the potential impact of these laws on people with disabilities and the effectiveness of these laws for places of business who want to exclude fraudulent service animals. The Article considers the nature of fraudulent service animal use and the reasons people may use them, the difficulties in enforcing these state laws in light of the Americans with Disabilities Act, and the potential detrimental effects on the civil rights of people with disabilities using legitimate service animals. Based on this analysis, the Article …

A Dog Is Not A Stereo: The Role Of Animal Sentience In Determining The Scope Of Owner Privacy Interests Under Oregon Law, Lora Dunn, David B. Rosengard

Animal Law Review

In 2011, a relatively routine animal neglect investigation spawned a line of litigation that would eventually reach the Or­egon Supreme Court. Along the way, this case-State v. New­comb-raised issues central to both constitutional and animal law, involving inquiry into how animals are situated under the law, the \.Veight of a defendant's privacy versus an animal's in­terests, and what relevance attaches to animals existing as feel­ing, sentient creatures. In analyzing Newcomb, this Comment discusses the case facts in Part I, before laying out the argu­ments heard-and decisions rendered-by the trial and appel­late courts in Part II. Part III reads the Oregon …

Cites Cop17 Review, Rebecca Pollack

Animal Law Review

No abstract provided.

Sensitizing Humans To Fish Sentience, Kelly Levenda

Animal Sentience

Although fish can feel pain and suffer, they are not often protected legally. Jonathan Balcombe’s What a Fish Knows provides a timely and important contribution to the literature on animal cognition and sentience. By explaining their personalities and capabilities, Balcombe brings much needed public attention to fish and advances the principle that they need and deserve protection.

Canadian Perspectives On Animals And The Law, Sabrina Tremblay-Huet

Dalhousie Law Journal

It is commonplace to affirm that animal law is much more developed in the United States than in Canada; animal abuser registries are being implemented,' animal law degrees are offered,2 and prosecutions ofanimal abusers occur frequently,3 for example. However, the tide is changing in Canada as well, the legal norms and case law becoming increasingly aligned with the social norms surrounding the treatment of animals. An example ofthis is the recent adoption by Quebec ofa new status for animals in its Civil Code, the Loi visant 1'amiliorationde la situationjuridiquede l'animal, adopted on December 4th, 2015.' There are also new challenges …

Animal Rights: From Why To How, Joan Schaffner, Sherry F. Colb, Michael C. Dorf, David Favre, Lori Gruen, Angela P. Harris, Dale Jamieson

Animal Law Review

On January 9, 2016, the Association of American Law Schools hosted a panel by the Section on Animal Law in New York City. The panel featured legal professionals, scholars, and experts from various disciplines who discussed strategies for securing legal rights for animals. The panel explored what the animal rights movement can learn from other social movements, which legal approaches are available to animal advocates, and the need for non-legal strategies to change cultural attitudes. This panel moves beyond the discussion of whether animals have rights, and addresses the important questions and potential strategies for improving the lives of non-human …

Nutraceuticals In American Horseracing: Removing The Substantive Blinkers From National Racing Legislation, Conor R. Crawford

Animal Law Review

American horseracing is governed by thirty-eight independent state racing jurisdictions. The lack of one coordinated rulebook has been especially problematic with respect to controlled substances. Industry leaders and legal scholars ubiquitously decry American racing’s “drug addiction.” The Horseracing Integrity and Safety Act and Thoroughbred Horseracing Integrity Act of 2015 respond to this charge by purporting to regulate drugs and medication under federal auspices. This Note contends, however, that the bills’ blinkered focus on drugs problematically ignores nutraceuticals: a class of pharmaceutical-food supplements that poses a greater existential threat to horseracing.

In a 1996 Federal Register notice, the FDA announced that …