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Articles 61 - 90 of 390
Full-Text Articles in Animal Law
Oversight Of Animal Raising Claims On Product Packaging: A Review Of Jurisdiction And Challenges To Label Claims, Erin Sutherland, Adrienne Craig
Oversight Of Animal Raising Claims On Product Packaging: A Review Of Jurisdiction And Challenges To Label Claims, Erin Sutherland, Adrienne Craig
Animal Law Review
This Article discusses federal and state oversight of label claims found on meat, poultry, egg, and dairy packaging and mechanisms for challenging misleading or false label claims. Part I introduces why label claims are so critical to animal welfare interests and discusses how false labeling and false advertising exacerbate the problem. Part II discusses the federal regulatory structure over animal-raising claims made on these products. Part III of this Article discusses state causes of action under consumer protection statutes. Part IV discusses the successes and failures public interest groups have had in challenging label claims and attempting to reform the …
Reputation, Regulatory Capture, And Reform: The Case Of New Zealand's Bobby Calves, Danielle Duffield
Reputation, Regulatory Capture, And Reform: The Case Of New Zealand's Bobby Calves, Danielle Duffield
Animal Law Review
In 2015, two animal rights organizations in New Zealand released undercover footage exposing widespread cruelty to some of the country’s most vulnerable, and invisible, farm animals: young male calves born into the dairy industry. The footage shocked the New Zealand public. In order to put pressure on the government to adopt meaningful reforms for the protection of these animals, an animal rights organization, Save Animals From Exploitation, placed advertisements in The Guardian highlighting the cruelty in the New Zealand dairy industry. The resulting publicity led to an unprecedented response from the regulating agency, the Ministry for Primary Industries, which swiftly …
Joining The Herd: A Case For Closing New Zealand's Domestic Ivory Market, Bianka Atlas
Joining The Herd: A Case For Closing New Zealand's Domestic Ivory Market, Bianka Atlas
Animal Law Review
This Article examines the evidence supporting the implementation of a domestic ivory trade ban in New Zealand, with the aim of informing policymakers and compelling the New Zealand government to act to establish a legal and policy framework. There is widespread support for the closure of domestic ivory markets worldwide, and this Article seeks to persuade New Zealand to join this groundswell.
People Who Hurt Animals Don't Stop With Animals: The Use Of Cross-Checking Domestic Violence And Animal Abuse Registries In New Jersey To Protect The Vulnerable, Emerald Sheay
Animal Law Review
This Note explores the link between domestic violence and animal abuse and argues that due to such a link, New Jersey should enact a publicly searchable, cross-checking animal abuse registry and a domestic violence registry. Numerous studies confirm the connection between domestic violence and animal abuse. By examining the scope and history of these abuses, and exploring the status of registries in various states, this Note aims to explain the problems these issues pose to our society. Enacting these registries in New Jersey could keep law enforcement aware of illegal activity, reveal child abuse, and prevent the online selling of …
2019 Foreign And International Legislative Review, Daryane Couto
2019 Foreign And International Legislative Review, Daryane Couto
Animal Law Review
This Review offers a review of foreign and international animal protection legislation enacted or proposed in the year 2019. Included are propositions by categorically international actors, such as CITES and the UN, for regulating international wildlife trade and drafting a high-seas conservation treaty. Additionally, this Review reports how some countries, such as Slovakia, Colombia, and the United Kingdom, are finally putting an end to cruel, archaic animal practices. Finally, the recognition of animal sentience in the Australian Capital Territory, and legislation that closes the gap in Canada’s Criminal Code, are addressed. Together, these changes in foreign and international animal law …
2019 State Legislative Review, Diego Alfonso Gutierrez, Benjamin Lee Cregger
2019 State Legislative Review, Diego Alfonso Gutierrez, Benjamin Lee Cregger
Animal Law Review
This Review examines the significant changes and additions to different states’ laws throughout 2019. Among those significantly affected by these changes are farm animals, wildlife, and companion animals. ‘Ag-Gag’ and ‘Right to Farm’ bills began to flourish, but opponents have seen success in challenging their constitutionality. Wild animals found protection in fur and trapping bans, in addition to bans on killing contests. Companion animals continue to gain legal and physical protection through strengthened cruelty laws. These are a few of the many bills, regulations, and laws that impacted animals in 2019. Although some protections and regulations have seen cuts and …
Cape Town Animal Conference, South Africa, Andrew N. Rowan
Cape Town Animal Conference, South Africa, Andrew N. Rowan
WellBeing News
The second Cape Animal Conference was held at the University of Cape Town in September, 2019. The conference theme focused on animal law development in the country but there was a broad mix of topics covered during the two days of the event.
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Public Land & Resources Law Review
In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …
Protecting Our Pets: Courtroom Advocate Or Special Prosecutor?, Tamara Winkler
Protecting Our Pets: Courtroom Advocate Or Special Prosecutor?, Tamara Winkler
St. Thomas Law Review
This Comment seeks to evaluate the current legal landscape surrounding animal cruelty laws, with a specific focus on Desmond's Law and O.R.C. § 2931.18. Connecticut's new law has placed a spotlight on an area of the law which has not been given the priority it so desperately needs. Animal cruelty is a type of interpersonal violence that does not occur in isolation, and placing more importance on animal cruelty laws can help prevent violence against humans. First, this Comment will provide a history of animal rights laws around the globe, followed by a detailed discussion of why animal abuse issues …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 25, Issue 3, 2019.
Five More Years For The Animals, David S. Favre
Five More Years For The Animals, David S. Favre
Animal Law Review
For Animal Law’s twenty-fifth anniversary edition, David S. Favre is back with an update on the state of animal law in the United States. This piece covers the new, the changeless, the good, and the bad of the animal legal landscape in the past five years, since Animal Law last asked Favre to write a review of animal law. An overview of new case law is discussed, as is a summary of newly passed state laws, mostly related to companion animals. Additionally, developments in the ever-expanding field of animal legal education are examined. This Article discusses changes in a variety …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, Advisors, and Table of Contents for Animal Law Review Volume 25, Issue 2, 2019.
Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch
Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch
Animal Law Review
The animal law movement and animal law education in law schools has been growing over the years. In this Article, prominent figures in the animal law world discuss this growth as well as changes that are expected within the next generation of animal law practice. The authors suggest important goals necessary to strengthen the movement in order to allow law students to access the resources needed to be powerful animal advocates for years to come.
The Struggle For The Legal Rights Of Nonhuman Animals Begins: The Experience Of The Nonhuman Rights Project In New York And Connecticut, Steven M. Wise
The Struggle For The Legal Rights Of Nonhuman Animals Begins: The Experience Of The Nonhuman Rights Project In New York And Connecticut, Steven M. Wise
Animal Law Review
Twenty-five years ago, in the first issue of Animal Law, the author offered an account of why legal rights do not need to be restricted to human beings. Here the author expands upon that account to provide a review of the ongoing struggle of the Nonhuman Rights Project (NhRP) to obtain legal rights for nonhuman animals. The author outlines habeas corpus cases the NhRP has brought on behalf of chimpanzees and elephants in New York and Connecticut and provides a view of the New York and Connecticut Pet Trust Statutes, which grant domestic or pet animals the right to be …
A Quarter Of A Century Of Animal Law: Our Roots, Our Growth, And Our Stretch Toward The Sun, Nancy Perry
A Quarter Of A Century Of Animal Law: Our Roots, Our Growth, And Our Stretch Toward The Sun, Nancy Perry
Animal Law Review
This Article explores the author’s experience as one of the early student pioneers of the animal law program at Lewis & Clark Law. The author discusses her work on the Oregon Cougar and Bear Initiative as a introduction to the power of the ballot initiatve process. The Article then recounts the progress that has been made by animal advocates via federal and state legislation and ballot measures, as well as the setbacks driven by industry interest. It concludes with a discussion of the need for a good defense as industry interests attempt to roll back the progress made by animal …
2018 Federal Legislative Review, Anna Fugate
2018 Federal Legislative Review, Anna Fugate
Animal Law Review
2018 was a slow year for federal animal law legislation. Congress only signed the Endangered Salmon Predation Prevention Act into law, and that law permits the killing of sea lions to protect endangered salmon and steelhead populations. While Congress considered other animal legislation, none of this proposed legislation made it out of Congressional Committees and Subcommittees.
Ruminations On Twenty-Five Years Of Animal Law, Joan E. Schaffner
Ruminations On Twenty-Five Years Of Animal Law, Joan E. Schaffner
Animal Law Review
In this Article, the author tracks the ‘progress’ of the animal law movement over the past twenty-five years, focusing on the perennial ambiguity in the property status of animals and the kinds of harm to animals the law is, and is not, willing to condone, and the power of the media to shed light on these harms. The author also explains how her own work, concentrating on the question of the ‘value’ of animals, has contributed to the field of animal law. In particular, she highlights her work on the problem of legal valuation of companion animals for damages claims, …
Farmed Animals: The Past Is Prologue, The Future Is (Almost) Here, Mariann Sullivan
Farmed Animals: The Past Is Prologue, The Future Is (Almost) Here, Mariann Sullivan
Animal Law Review
The author describes her journey to animal law and the contributions she has made to the field, particularly in respect of ballot initiatives that have been used successfully to make specific improvements to the welfare of farmed animals. She provides an overview of the Florida ballot initiative prohibiting the confinement of pigs during pregnancy and the California ballot initiatives setting minimum cage size for laying hens and more, highlighting how the idea for each initiative was born, and the drafting and implementation challenges encountered along the way. The author also focusses on other legal and non-legal strategies that are being …
For The Twenty-Fifth Anniversary Of Animal Law, Earl Blumenauer
For The Twenty-Fifth Anniversary Of Animal Law, Earl Blumenauer
Animal Law Review
Foreword to Animal Law Review Volume 25, Issue 3, 2019.
2018 Foreign And International Legislative Review, Caitlin Skurky
2018 Foreign And International Legislative Review, Caitlin Skurky
Animal Law Review
This Review examines foreign and international legislation relating to animals proposed or passed in 2018 and early 2019. The Review specifically examines legislation in Vietnam, Switzerland, Spain, Canada, Luxembourg, the U.K., Ukraine, and Portugal, with a specific focus on legislation that seeks to increase animal welfare, reduce consumption of cruel animal products, or end violent animal practices.
A Message From The Next Generation Of Animal Law, Adrienne Craig, Frances Chrzan
A Message From The Next Generation Of Animal Law, Adrienne Craig, Frances Chrzan
Animal Law Review
Introduction to Animal Law Review Volume 25, Issue 3, 2019.
2018 State Legislative Review, Emma Therrien
2018 State Legislative Review, Emma Therrien
Animal Law Review
There were several important changes to animal protection in the United States in 2018. California became the first state to ban cosmetic testing on animals and also made improvements for a handful of species used in factory farming. Prop 12 was passed, increasing minimum size standards for these species, but the most drastic change was the banning of eggs produced by egg-laying hens housed in cages—effectively prohibiting the use of cages for these birds in the state and the sale of eggs from producers that use cages in production facilities out of state. Florida and New Jersey made influential advancements …
Personal Reflections On Being A Postcolonial Feminist Animal Law Professor, Maneesha Deckha
Personal Reflections On Being A Postcolonial Feminist Animal Law Professor, Maneesha Deckha
Animal Law Review
The author reflects on her experiences in the field of animal law. A recurring theme throughout the Article is that the author’s struggle to see herself being part of the animal law at all. This is because mainstream animal law writing has tended to take a liberal legal approach, while the author has focused her work around concepts of intersectionality, feminist, and postcolonial theory in a field she has self-described as “Philosophy, Critical Theory, and Animal Ethics.” Consistent with her intersectional approach, the author highlights how her experience being Canadian, being female, and being ‘radicalized’ have all intersected to shape …
Law's Halo And The Moral Machine, Bert I. Huang
Law's Halo And The Moral Machine, Bert I. Huang
Faculty Scholarship
How will we assess the morality of decisions made by artificial intelligence – and will our judgments be swayed by what the law says? Focusing on a moral dilemma in which a driverless car chooses to sacrifice its passenger to save more people, this study offers evidence that our moral intuitions can be influenced by the presence of the law.
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
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 …
California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers
California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers
Public Land & Resources Law Review
In California Sea Urchin Commission v. Bean, the Ninth Circuit upheld the Fish and Wildlife Service’s decision to end an experimental sea otter colony and translocation program. Commercial fishing groups sought reversal of the decision due to their interest in maintaining the translocation program which reduced otter predation on commercially valuable shellfish. While the Ninth Circuit held the group had standing, it then applied the Chevron test and determined the agency’s actions were reasonable.
The Animal Protection Commission: Advancing Social Membership For Animals Through A Novel Administrative Agency, John Maccormick
The Animal Protection Commission: Advancing Social Membership For Animals Through A Novel Administrative Agency, John Maccormick
Dalhousie Law Journal
If the state sought to improve law's treatment of nonhuman animals, what form should its intervention take? This paper questions the assumption that the state would have to choose between incremental welfare reforms and an immediate transition to animal personhood. Drawing on Martha Nussbaum's capabilities theory and on Sue Donaldson and Will Kymlicka's political approach to animal rights, it argues that the focus should be on how the relationship between human and nonhuman animals can be improved. It suggests that the state could intervene by creating an administrative agency with just this task; and that it could look to labour …
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
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
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 …