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Articles 91 - 120 of 390
Full-Text Articles in Animal Law
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
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
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,
The Many Sins Of Nepa, Richard A. Epstein
Connexion: A Note On Praxis For Animal Advocates, John Enman-Beech
Connexion: A Note On Praxis For Animal Advocates, John Enman-Beech
Dalhousie Law Journal
Effective animal advocacy requires human-animal connexion. I apply a relational approach to unfold this insight into a praxis for animal advocates. Connexion grounds the affective relationships that so often motivate animal advocates. More importantly, it enables animal agency, the ability of animals to act and communicate in ways humans can experience and respond to. With connexion in mind, some weaknesses of previous reform efforts become apparent. I join these in the slogan "abolitionismas disconnexion." In so far as abolitionism draws humans and animals apart, it undermines the movement's social basis, limits its imaginative resources, and deprives animals of a deeper …
Social Membership: Animal Law Beyond The Property/Personhood Impasse, Will Kymlicka
Social Membership: Animal Law Beyond The Property/Personhood Impasse, Will Kymlicka
Dalhousie Law Journal
While animal law has been subject to frequent reform in Canada and abroad, the basic legal foundations of animal oppression are largely unchanged. There are many reasons for this impasse, but part of the explanation is that legal reforms are caught in what we might call the property/personhood dilemma. In most legal systems, domesticated animals are defined as property and so long as this remains true, reforms are likely to be marginal and ineffective. However the main alternative-to shift animals from the category of property to personhoodis politically unfeasible, particularly for the domesticated animals who are most intensively exploited in …
A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak
LLM Theses
Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …
Animal Rights: From Why To How, Joan Schaffner, Sherry F. Colb, Michael C. Dorf, David Favre, Lori Gruen, Angela P. Harris, Dale Jamieson
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 …
America's Invaders: The Nile Monitor And The Ineffectiveness Of The Reactive Response To Invasive Species, William K. Norvell Iii
America's Invaders: The Nile Monitor And The Ineffectiveness Of The Reactive Response To Invasive Species, William K. Norvell Iii
Animal Law Review
In response to an ever increasing level of environmental devastation caused by invasive species and the resultant concerns for ecological preservation, both the state and federal governments have passed legislation to combat this pressing issue. In this Note, the author evaluates the effectiveness of these reactive and proactive policies in the United States. The author also analyzes the successful, proactive invasive species legislation from Australia, the United Kingdom, and New Zealand, and then contrasts them to the failing, mainly reactive laws found in the United States. Despite these shortcomings, the author concludes that it is entirely possible for the United …
2015 State Legislative Review, Malorie Sneed, Jessica Brockway
2015 State Legislative Review, Malorie Sneed, Jessica Brockway
Animal Law Review
The past year’s state legislative sessions and court dockets bore witness to a wide variety of initiatives concerning animal welfare and animal issues more generally. The increasing prevalence of ag-gag bills continued in 2015, as Colorado attempted to pass a mandatory reporting bill and North Carolina passed its own ag-gag bill that applied to all businesses, not just agricultural facilities, over the governor’s veto. Animal welfare advocates had reason to celebrate this year, however, when the district court of Idaho overturned its ag-gag bill on constitutional grounds. Tennessee, in amending its “Good Samaritan” law to extend coverage to animals trapped …
An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?, Charlotte Blattner
An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?, Charlotte Blattner
Animal Law Review
Further development within the field of animal law seems to be at an impasse, lost among the potential paths presented by its traditional influences: international treaty law, domestic animal welfare regulations, and trade law. First, classical elements of global animal treaty law are limited to preservationist aspirations, insusceptible to the questions of how animals are treated or how they cope with their environment. Second, animal welfare regulation is understood as a matter confined to national territories. In cross-border dialogue, animal matters have been reduced to allegations of imperialism, which is not conducive to furthering animal interests. Third, animals are regarded …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 22, Issue 2, 2016.
Changing Humanity: Fifteen Years Of Progress In Animal Welfare And Protection, Earl Blumenauer
Changing Humanity: Fifteen Years Of Progress In Animal Welfare And Protection, Earl Blumenauer
Animal Law Review
This Introduction outlines policy and societal changes in animal welfare over the last fifteen years. Covering the areas of industrial meat production and the treatment of farm animals, domesticated animals and cruelty, animal testing and laboratory animals, and protection of native species here and around the world, the Introduction documents meaningful policy achievements in each area, as well as accompanying and continuing societal efforts to improve outcomes for animal welfare in the United States and across the world. In addition, the Introduction documents current and future opportunities in the U.S. Congress and in local, national, and international policy to continue …
Extra! Extra! New Housing Developments Lead Coyotes To Homelessness And Violence With Humans, Joseph Simpson
Extra! Extra! New Housing Developments Lead Coyotes To Homelessness And Violence With Humans, Joseph Simpson
Animal Law Review
As city sprawl spreads into less-developed rural regions, these new residents enjoy living close to nature but also put their pets and children at risk of encountering dangerous wildlife, such as coyotes. Cities have a variety of options, legal and otherwise, to regulate human and coyote behavior in order to reduce conflict. This Article analyzes the situation in the cities of Chino Hills and Yorba Linda, two southern California communities on the edge of Chino Hills State Park that have received local media attention for human–coyote interactions. Growing cities can use zoning to separate coyotes from humans and avoid drawing …
Legal Protection Of Animal Dignity In Switzerland: Status Quo And Future Perspectives, Gieri Bolliger
Legal Protection Of Animal Dignity In Switzerland: Status Quo And Future Perspectives, Gieri Bolliger
Animal Law Review
Swiss law protects not only the well-being but also the dignity of animals. Since 1992, animal dignity protection has been a constitutional principle in Switzerland, and a main purpose of the national Animal Welfare Act since 2008. The animal dignity concept is still unique in the world and represents a biocentric expansion of Swiss law granting animals a moral value, irrespective of their sentience. This signifies protection for an animal’s inherent worth, including ethical aspects that are not necessarily associated with any physical and physiological injury, such as protection from humiliation, excessive instrumentalization, and substantial interference with an animal’s appearance …
2015 Federal Legislative Review, Alescia Dichmann
2015 Federal Legislative Review, Alescia Dichmann
Animal Law Review
The American political newspaper, The Hill, named the 114th Congress as “the most diverse Congress ever set to take power.” This Congress has 108 female lawmakers, more than ever before, alongside 430 men as well as 46 African American and 33 Hispanic lawmakers. While this Congress has made strides in the diversity of its members, we have yet to see whether this Congress’s legislative activity will benefit animals. The fate of the proposed animal legislation discussed in this Review will ultimately be decided by the time this 114th Congress concludes in 2017.
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky
Seattle University Law Review
Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even …
Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns
Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns
Seattle University Law Review
Despite knowledge that commerce in food is a profit-driven enterprise, the public has consistently put great faith in the wholesomeness and safety of the food being purchased. To some extent, such faith is necessary, even if not always justified. In making the decision to put a bite of food in one’s own mouth, or the mouth of a friend or family member, a form of faith or trust must accompany the act of eating. For who would knowingly eat food suspected to be unsafe? But that is precisely what millions of people do every year, with a great many of …
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig
Seattle University Law Review
Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and …
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Seattle University Law Review
Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.
Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin
Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin
Animal Law Review
Modern industrial animal agriculture and consumer purchasing patterns do not match consumers' moral preferences regarding animal welfare. Current production methods infiict a great deal of harm on animals despite widespread consumer preference for meat, dairy, and eggs that come from humanely treated animals. Judging by the premium pricing and market shares of food products with moral or special labels (e.g., 'cage-free,' 'free range,' and 'organic'), many consumers are willing to pay more for less harmful products, but they are unable to determine which products match this preference. The labels placed on animal products, and the insufficient government oversight of these …
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 21, Issue 2, 2015.
2014 Federal Legislative Review, Jessica Brockway
2014 Federal Legislative Review, Jessica Brockway
Animal Law Review
The 113th Congress escaped the designation of "least productive Congress in modern history" thanks to a particularly active lame duck session. During its session, the 113th Congress enacted 296 laws, 212 of which were "categorized ... as substantive " by the Pew Research Center, a nonpartisan "fact tank." This legislative activity, however, did not benefit animals. Of the pieces of proposed legislation discussed in this Review, none passed and, unless otherwise specified, all died in Committee.
(Elephant) Death And Taxes: Proposed Tax Treatment Of Illegal Ivory, Angela Ostrowski
(Elephant) Death And Taxes: Proposed Tax Treatment Of Illegal Ivory, Angela Ostrowski
Animal Law Review
African elephants are poached for their ivory at alarming rates. If the current level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime prevention perspective. The current penalties and fines for the illegal trade in ivory are not enough of a deterrent. One method of deterrence that has not yet been explored is the imposition of tax consequences on the illegal ivory trade. This Article proposes a number of ways to use the tax system to …
Military Working Dogs: Classification And Treatment In The U.S. Armed Forces, Sarah D. Cruse
Military Working Dogs: Classification And Treatment In The U.S. Armed Forces, Sarah D. Cruse
Animal Law Review
This Article explores and evaluates the use of canines by the United States (U.S.) Armed Forces as military working dogs, and examines the reasons why the current administrative classification of these dogs is inappropriate. The author examines the historical use of, and increasing reliance on, military working dogs by the U.S. Armed Forces from World War II to present day. This historical exploration traces the development of the federal statutes and military regulations that govern the Military Working Dog Program. Federal law currently categorizes military working dogs as 'equipment,' which grossly underestimates their role within the U.S. military and deprives …
2014 State Legislative Review, Aaron C. Johnson
2014 State Legislative Review, Aaron C. Johnson
Animal Law Review
Several state legislatures addressed animal welfare issues in 2014. A young fifth-grader, motivated by a documentary, inspired her community and state legislature to attempt to pass legislation protecting orcas. Two states decided to blaze a new trail when they determined that the federal government was not going far enough to stop the ivory and rhino horn trade. The battle between freedom of speech and property rights reared its ugly head as several states took on the polemical issue of 'ag-gag.' Lastly, we witnessed breed-specific legislation become illegal in three more states, with science trumping the availability heuristic.
2013 Federal Legislative Review, Angela Ostrowski
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
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
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, …