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Animal Law Commons™

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Articles 1021 - 1050 of 1901

Full-Text Articles in Animal Law

Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca Huss Jan 2013

Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca Huss

Law Faculty Publications

No abstract provided.


If All Other Options Fail: The Plight Of Wild Horses And The Dubois Case For Horse Slaughtering, Brendan Vandor Jan 2013

If All Other Options Fail: The Plight Of Wild Horses And The Dubois Case For Horse Slaughtering, Brendan Vandor

University of Michigan Journal of Law Reform Caveat

Robert Redford recently joined forces with former presidential candidate Bill Richardson to stop the return of horse slaughtering to the United States. Few among us would bet against that duo in their fight for a cause that appears on its face to be unassailably just. Yet, horse slaughtering is a highly complex issue that boasts its fair share of credible supporters, and the activity is poised for a revival after a six-year ban if Redford, Richardson, and various animal rights groups do not win a recently-brought federal lawsuit. This Comment recommends a multi-pronged approach to solving the problem of wild …


Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover Jan 2013

Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover

Student Articles and Papers

Massive facilities that keep large numbers of livestock have overtaken small, independent farms as the primary source of meat, eggs, and dairy in the United States. These concentrated animal feeding operations ("CAFOs) compare more to industrial manufacturing operations than to traditional farms, and emit huge quantities of air pollutants that are harmful to public health, sickening people and damaging the environment. The Environmental Protection Agency ("EPA") possesses statutorily provided tools under the Clean Air Act that it uses to regular other polluting industries. However, this article - after reviewing the rise of CAFOs, examining the threats they pose, and surveying …


Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson Jan 2013

Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson

Florida A & M University Law Review

No abstract provided.


Chapter 595: Banning The Use Of Dogs To Hunt Bears And Bobcats, Sean D. O’Dowd Jan 2013

Chapter 595: Banning The Use Of Dogs To Hunt Bears And Bobcats, Sean D. O’Dowd

McGeorge Law Review

No abstract provided.


A Decent Proposal: How Animal Welfare Organizations Have Utilized Shareholder Proposals To Achieve Greater Protection For Animals,47 J. Marshall L. Rev. 795 (2013), Summer Hallaj Jan 2013

A Decent Proposal: How Animal Welfare Organizations Have Utilized Shareholder Proposals To Achieve Greater Protection For Animals,47 J. Marshall L. Rev. 795 (2013), Summer Hallaj

UIC Law Review

No abstract provided.


New Priorities As The Endangered Species Act Turns 40, Dale Goble Jan 2013

New Priorities As The Endangered Species Act Turns 40, Dale Goble

Articles

No abstract provided.


A Short History Of (Mostly) Western Animal Law: Part Ii, Thomas G. Kelch Jan 2013

A Short History Of (Mostly) Western Animal Law: Part Ii, Thomas G. Kelch

Animal Law Review

This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. In Part I of this Article, it was discovered that while economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment, we see …


Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining Jan 2013

Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining

Book Chapters

'To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals.' This was Telford Taylor, beginning the presentation of the 'Medical Case' at the Nuremberg Trials after the Second World War. The 'Medical Case' was not about genocide or war or the conduct of war. It was about experimentation on human beings; and it was this trial that produced the 'Nuremberg Code', the first control of such treatment of human beings by one another. The word 'individual' came naturally to Taylor the lawyer as a starting point, and with …


Empowering Market Regulation Of Agricultural Animal Welfare Through Product Labeling, Sean P. Sullivan Jan 2013

Empowering Market Regulation Of Agricultural Animal Welfare Through Product Labeling, Sean P. Sullivan

Animal Law Review

In many Western nations, rising public concern about the welfare of agricultural animals is reflected in the adoption of direct regulatory standards governing the treatment of these animals. The United States has taken a different path, tending to rely on a “market-regulation” approach whereby consumers express their desire for specific welfare practices through their purchasing decisions. This Article explores the failure of market regulation and the welfare-preference paradox posed by consumers who express a strong preference for improved animal welfare in theory, but who simultaneously fail to demand heightened welfare standards in practice. It argues that market regulation is failing …


An Analysis Of Factors Responsible For The Decline Of The U.S. Horse Industry: Why Horse Slaughter Is Not The Solution, John Holland, Laura Allen Jan 2013

An Analysis Of Factors Responsible For The Decline Of The U.S. Horse Industry: Why Horse Slaughter Is Not The Solution, John Holland, Laura Allen

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Survey Of Damages Measures Recognized In Negligence Cases Involving Animals, Alison M. Rowe Jan 2013

Survey Of Damages Measures Recognized In Negligence Cases Involving Animals, Alison M. Rowe

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Mirror, Mirror In The Stall: Animal Cloning And Its Legal Implications For Equine Registry Associations, Mary W. Craig Jan 2013

Mirror, Mirror In The Stall: Animal Cloning And Its Legal Implications For Equine Registry Associations, Mary W. Craig

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Lasix And Horseracing: Till Death Do Them Part, Wes Bright Jan 2013

Lasix And Horseracing: Till Death Do Them Part, Wes Bright

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia Jan 2013

Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Unbridled "Spirits": An Integrated Analysis Of The Law, The Science, And The Future Of Thoroughbred Medication, Alexandra D. Logsdon Jan 2013

Unbridled "Spirits": An Integrated Analysis Of The Law, The Science, And The Future Of Thoroughbred Medication, Alexandra D. Logsdon

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Twenty Years And Change, David Favre Jan 2013

Twenty Years And Change, David Favre

Animal Law Review

This Introduction provides an overview of the evolution of animal law over the past twenty years, demonstrating how changes in the law, social awareness, and legal education have directly affected this field. This Introduction describes both the positive and negative changes that have taken place, from the banning of dogfighting and cockfighting by federal law and some state laws; a spread in voter-adopted legislation providing for the protection of agricultural animals; and movements to reduce the use of chimpanzees in animal research; to the limitations of the Animal Welfare Act; changes in the United States Department of Agriculture (USDA) policy …


From The Halls Of Congress To The Shores Of The Little T: The Snail Darter And The Dam: How Pork-Barrel Politics Endangered A Little Fish And Killed A River By Zygmunt J. B. Plater, Sara Blankenship Jan 2013

From The Halls Of Congress To The Shores Of The Little T: The Snail Darter And The Dam: How Pork-Barrel Politics Endangered A Little Fish And Killed A River By Zygmunt J. B. Plater, Sara Blankenship

Animal Law Review

The snail darter has become a symbol of environmental extremism. In reality, however, the farmers, members of the Cherokee Nation, and concerned citizens were simply fighting to keep the Tennessee Valley Authority (TVA)’s Tellico Dam from destroying the last free-flowing miles of the Little Tennessee River. This Book Review examines the work of Zygmunt J.B. Plater, the law professor who, along with ordinary citizens, fought their case all the way to the United States Supreme Court in defense of their river, the snail darter, and the Endangered Species Act. Plater reveals the truth behind the landmark TVA v. Hill case …


2012 Federal Legislative Review, Carolyn Greenshields, Kimberly White Laduca Jan 2013

2012 Federal Legislative Review, Carolyn Greenshields, Kimberly White Laduca

Animal Law Review

No abstract provided.


U.S. Ivory Trade: Can A Crackdown On Trafficking Save The Last Titan?, Beth Allgood, Marina Ratchford, Peter Lafontaine Jan 2013

U.S. Ivory Trade: Can A Crackdown On Trafficking Save The Last Titan?, Beth Allgood, Marina Ratchford, Peter Lafontaine

Animal Law Review

Rampant poaching has put African elephants on the verge of extinction in the wild, and the United States (U.S.) is complicit in this crisis. Despite the best efforts of federal agencies, porous national borders, legal loopholes, and deep-seated difficulties in law enforcement make the U.S. a major market for illicit ivory. While the White House, the United Nations, and the European Union, along with other voices, are sounding alarms, bold and concrete actions have been slow in coming. The U.S., in particular, is only beginning to acknowledge its own role in the slaughter, and still relies on a patchwork of …


Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes Jan 2013

Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes

Animal Law Review

This Note evaluates the methods advocates have taken toward furthering great ape protection in the United States (U.S.). Many animal advocates argue that abolishing animals’ property status is essential to establishing effective protections; nonetheless, it will take time for our society to accept the concept of legal personhood for animals. Therefore, this Note suggests that for the time being, great ape protection should be framed in a human context, to protect animals within the existing, property-based animal law system. In general, this Note provides background on the property status of animals in the U.S., specifically analyzes the legal status of …


What Is Animal Law?, Jerrold Tannenbaum Jan 2013

What Is Animal Law?, Jerrold Tannenbaum

Cleveland State Law Review

This Article considers a critically important issue facing the new field of animal law: how to define animal law itself. Two sharply different general approaches to defining the area currently vie for support. One defines animal law as committed to advocacy on behalf of animals, including, for many proponents of this approach, promotion of animal rights. The competing approach defines animal law in a purely descriptive manner, as (roughly) the area of law that relates to animals, whatever substantive principles regarding animals the law may adopt. The Article demonstrates that advocacy-oriented definitions violate fundamental standards of definition and conflict with …


Front Matter Jan 2013

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 19, Issue 2, 2013.


Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith Jan 2013

Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith

Animal Law Review

In the United States, violent use of “bullhooks”—sharpened, steel-tipped rods—on captive elephants at carnivals, circuses, and zoos is all too routine. Yet animal-welfare advocates struggle to protect elephants from the (mis)use of bullhooks under the current regulatory regime. At the federal level, advocates cannot consistently rely on either the Animal Welfare Act or the Endangered Species Act, due to these statutes’ narrow provisions, standing limitations, and inconsistent enforcement. State animal-protection laws are equally deficient, as only two states have defined suffering and abuse clearly enough in their statutes to enable effective prosecution of elephant mistreatment, and plaintiffs in even these …


Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan Jan 2013

Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan

Animal Law Review

No abstract provided.


2012 State Legislative Review, Laura Hagen Jan 2013

2012 State Legislative Review, Laura Hagen

Animal Law Review

No abstract provided.


A Slave By Any Other Name Is Still A Slave: The Tilikum Case And Application Of The Thirteenth Amendment To Nonhuman Animals, Jeffrey S. Kerr, Martina Bernstein, Amanda S. Schwoerke, Matthew D. Strugar, Jared Goodman Jan 2013

A Slave By Any Other Name Is Still A Slave: The Tilikum Case And Application Of The Thirteenth Amendment To Nonhuman Animals, Jeffrey S. Kerr, Martina Bernstein, Amanda S. Schwoerke, Matthew D. Strugar, Jared Goodman

Animal Law Review

On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this country—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amendment. The case presented, for the first time, the question of whether the Thirteenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpinnings, and argues that the district court’s opinion ultimately dismissing the suit failed …


Lukumi At Twenty: A Legacy Of Uncertainty For Religious Liberty And Animal Welafere, James M. Oleske Jr. Jan 2013

Lukumi At Twenty: A Legacy Of Uncertainty For Religious Liberty And Animal Welafere, James M. Oleske Jr.

Animal Law Review

Twenty years after the United States Supreme Court’s decision in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, uncertainty reigns in the lower courts and among commentators over the issue of constitutionally compelled religious exemptions. Despite the Court’s general disavowal of such exemptions in Employment Division v. Smith, Lukumi appeared to breathe life into a potentially significant exception to Smith. Under that exception—which this Article calls the “selective-exemption rule”—the Free Exercise Clause may still require religious exemptions from a law when the government selectively makes available other exemptions from that law. This Article addresses the key unresolved …


The First Animal Law Journal, Twenty Volumes Later, Melissa Young Jan 2013

The First Animal Law Journal, Twenty Volumes Later, Melissa Young

Animal Law Review

Twenty volumes is no small feat for an independently funded, entirely student-run journal. With a total staff of twenty students, including a small Board comprised of Editor in Chief, James Goldstein, Jr.; Managing Editor, William Fig; Articles Editor, Kelly Jeffries; and Form and Style Editor, Benjamin Allen, Animal Law published the inaugural volume of the world’s first animal law journal in 1995.1 This landmark event was the result of the hard work of Lewis & Clark students, with some key support. In this first volume, Animal Law gave “special thanks to Benjamin Allen for his hard work and dedication in …


Front Matter Jan 2013

Front Matter

Animal Law Review

No abstract provided.