Animal Law Commons^™

Protecting Equine Rescue From Being Put Out To Pasture: Whether Ranches Dedicated To Abused, Abandoned, And Aging Horses May Qualify For "Agricultural" Classifications Under Florida's Greenbelt Law, Michael T. Olexa, Joshua A. Cossey, Katherine A. Smallwood

UF Law Faculty Publications

Florida's equestrian community is currently experiencing an influx of horse owners and equestrian facilities. This generates opposition within those counties refusing to recognize equestrian property uses as “agricultural.” Subject to the restrictions set out in section 193.461 of the Florida Statutes (otherwise known as the Greenbelt Law) only property “used primarily for bona fide agricultural purposes shall be classified agricultural.” This article addresses whether the use of property to board, train, and graze abused, abandoned, and aging horses (referred to throughout this paper as “rescue” horses) should fall under the Greenbelt Law‟s “agricultural” tax classification. Several points support classifying rescue …

Migration Conservation: A View From Above, Robert L. Fischman

Articles by Maurer Faculty

The extinction prevention focus of natural resources policy diverts attention from important issues of ecological integrity and adaptation to climate change. Animal migration conservation serves as a bridge from the imperiled species problem to the more spatially and temporally difficult problems surrounding climate change adaptation. Conserving abundant animal migrations both strengthens the resilience of the ecosystems in which they function and tests the resilience of social institutions responsible for adaptation. This essay synthesizes the findings of a two-year, interdisciplinary study of animal migration conservation. It also introduces the articles that follow in a symposium issue of the journal, Environmental Law.

The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes

LLM Theses

Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on …

Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs

Florida A & M University Law Review

No abstract provided.

Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert Adamcik

Articles by Maurer Faculty

Over the last two decades, the U.S. Fish and Wildlife Service (“FWS”) has come to define its conservation mission in the context of species protection. The concept of “trust species” is now a common focal point for the myriad responsibilities of the FWS. This has become problematic for one of the major programs of the agency: management of the world’s largest biodiversity conservation network, the national wildlife refuge system (“NWRS”). A major legislative overhaul of the NWRS charter and the imperatives of climate change adaptation have weakened the concept as a reliable touchstone for NWRS management and expansion. The FWS …

Migratory Connectivity And The Conservation Of Migratory Animals, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr

Journal of Food Law & Policy

This edition of the Food Law Update explores four legal issues arising in the first half of 2010 reflective of the diverse nature of the food law specialist. As the national debate surrounding the merits of health care reform dominated the legislative agenda, this article first will discuss the food labeling rules embedded within section 4205 of the Patient Protection and Affordable Care Act of 2010. The authors then analyze the preemptive reach of the Federal Food, Drug, and Cosmetic Act and the Meat Inspection Act with respect to three separate California statutes regarding animal welfare standards, retail labels on …

The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook

William & Mary Bill of Rights Journal

No abstract provided.

Animal Law In Nevada: All Bark And No Bite, Kathleen Wilde

Nevada Law Journal

No abstract provided.

Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum

Journal of Food Law & Policy

Like other environmental resources subject to public use, various interest groups struggle over joint management of scarce fisheries resources. Further, differing goals for resource management, such as financial goals versus conservation goals, frequently pit regional groups against one another. In some cases, regional interests may conflict with overall national interests. As goes the water and the air, so go the fish.

Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor

Pell Scholars and Senior Theses

Poaching and animal trafficking is a global issue in the areas of biology, morality and politics. This paper will discuss the different areas of impact as well as consider options for the prevention and alleviation of this issue.

Whales: Their Emerging Right To Life, Anthony D'Amato, Sudhir K. Chopra

Faculty Working Papers

We have contended in this article that the evolution of the opinio juris of nations has encompassed five, and perhaps six, inexorable qualitative stages: free resource, regulation, conservation, protection, preservation and entitlement. We have argued that assigning whales an entitlement to life is the consequence of an emerging humanist right in international law — an example of the merging of the "is" and the "ought" of the law in the process of legitimization

What Is The Scope Of The Duty To Provide Veterinary Care?, Susan J. Hankin

Faculty Scholarship

State criminal laws prohibiting cruelty to animals -- which includes both abuse and neglect -- have provided the primary means through which our legal system has protected animals. In some states, including Maryland, Virginia, and the District of Columbia, these laws include explicit provisions that require owners to provide their animals with veterinary care. In other jurisdictions, such a duty has been implied from more general anti-cruelty language. None of these laws, however, make clear what level of care is required. They also leave unanswered the question of whether the treatment choices of owners who do seek care for an …

A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble

Articles

The objective of the Endangered Species Act is to "recover" imperiled species and thus to render the Act's conservation tools unnecessary To achieve this goal, the drafters of the Act crafted a linear process that begins with an assessment of the threats facing the species and moves through the elimination of those threats to the recovery and delisting of the species. It has become increasingly apparent over the past decade that few species fit this model- most species face threats-altered habitats and competition with invasive species-that cannot be eliminated. These species are "conservation reliant" because they will require ongoing conservation …

Conservation-Reliant Species And The Future Of Conservation, Dale Goble

Articles

Species threatened with extinction are the focus of mounting conservation concerns throughout the world. Thirty-seven years after passage of the U.S. Endangered Species Act in 1973, we conclude that the Act’s underlying assumption—that once the recovery goals for a species are met it will no longer require continuing management—is false. Even when management actions succeed in achieving biological recovery goals, maintenance of viable populations of many species will require continuing, species-specific intervention. Such species are “conservation reliant.” To assess the scope of this problem, we reviewed all recovery plans for species listed as endangered or threatened under the Act. Our …

The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes

UIC Law Review

No abstract provided.

With A Little Help From My Friends: The Attorney's Role In Assisting Pro Se Litigants In Negotiations, Lynn A. Epstein

Faculty Scholarship

In these difficult economic times, more litigants are attempting to handle their lawsuits without hiring attorneys. Even without seeking formal representation, these pro se litigants may want some assistance from attorneys. This advice seeking may be especially prevalent in the area ofnegotiation where no formalized procedures are in place but where the consequences of an inadequate settlement are disastrous for the self-represented Attorneys may want to assist pro se litigants in their negotiations but feel reluctant to do soforfear of triggering an attorney-client relationship and its accompanying malpractice exposure. Attorneys who are reluctant to give informal advice to pro se …

Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass

West Virginia Law Review

No abstract provided.

Teaching Posthumanist Ethics In Law School: The Race, Culture, And Gender Dimensions Of Student Resistance, Maneesha Deckha

Animal Law Review

This Essay challenges laws’ hegemonic humanist boundaries by analyzing the challenges involved in mainstreaming posthumanist subjects into the legal curricula. Posthumanist subjects in legal education are perceived as marginal and unworthy of serious discussion and scholarship. The author identifies the problems that can arise in introducing posthumanist critical content through her experience of teaching animal law as an optional course and as a part of a compulsory first-year course on property law and in advising on an upper-year student-led conference. She argues that the biases related to gendered, racialized, and otherwise differentiated norms inherited by the legal education system as …

Incorporating Animal Law Into Private Practice, Holly Anne Gibbons

Animal Law Review

No abstract provided.

The Nature And Effects Of Constitutional State Objectives: Assessing The German Basic Law's Animal Protection Clause, Claudia E. Haupt

Animal Law Review

In 2002, an animal protection clause was added to Article 20a of the German Constitution. Designed as a state objective, the nature of the animal protection clause decidedly influences its application. As a state objective, it is directed at all three branches of government, and each branch must ensure within its sphere of competence the realization of the stated goal. The Federal Constitutional Court has yet to address the precise scope of the provision.

This Article examines the likely future effects of the animal protection clause. With respect to the legislative branch, this Article addresses the question of whether the …

Companion Animal, Sebastien Gay

Animal Law Review

This Article presents a theory of the economic value of companion animal life. Under the existing United States torts regime, the standard damages award available to an owner for an action arising from a companion animal death is its fair market value. This approach implicitly assumes that pet owners are irrational, given that they generally invest more in their pets than the animal’s fair market value. This Article suggests that, based on an economic model that conceptualizes companion animals as an employee-investment hybrid, the value of a companion animal is higher than its fair market value. This model has implications …

Oceans In The Balance: As The Sharks Go, So Go We, Paula Walker

Animal Law Review

Shark finning is amongst the most wasteful and cruel exploitation of animals currently practiced in the world today. The decimation of shark populations threatens the fragile balance of the oceans’ ecosystems and ultimately threatens the human population as well. This Article addresses the economic and cultural reasons for the continued practice and demand for shark finning. Many protections for sharks have been attempted, but nearly all fail due to inadequate restrictions and enforcement. Various international treaties and conventions have to some degree addressed the issue, including the Convention on International Trade in Endangered Species and the Convention on Migratory Species, …

Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima

Great Plains Quarterly (through 2013)

In North America, building fences was an essential part of life for the English settlers from the beginning. Departing from the English common law rule that required owners to fence in their cattle, nearly all the colonial legislatures and courts imposed upon landowners a duty to fence their property against trespassing cattle.l The reasons were partly to increase the meager supply of livestock by permitting cattle to wander about in order to breed faster and partly to make full use of the vast virgin forest and grassland. Gradually, however, in New England and in much of New York and New …

Live Free Or Die: On Their Own Terms: Bringing Animal-Rights Philosophy Down To Earth By Lee Hall, Joel Marks

Animal Law Review

This book review examines Lee Hall’s new book, which presents an innovative animal rights theory: wild animals, due to their autonomous nature, are endowed with rights, but domesticated animals lack rights because they are not autonomous. With that theory in mind, Hall outlines ideas about how humans are obligated to treat both wild and domestic animals. Hall first argues that the rights of wild animals require that humans let them alone. Yet, despite the fact that domestic animals lack rights under Hall’s theory, Hall argues that humans are required to care for them because it is humans who brought them …

On The Lamb: Toward A National Animal Abuser Registry, Stacy A. Nowicki

Animal Law Review

A national animal abuser registry has the potential to provide law enforcement agencies with a much-needed tool for tracking animal abusers, but no such registry exists. This Comment first discusses existing state and federal criminal registries for sex offenders, child abusers, and elder abusers. It determines that existing criminal registries often contain inaccurate entries and that they have little deterrent effect, making their potential infringement on offenders’ Constitutional rights and other collateral consequences difficult to justify.

This Comment then turns to the viability of a national animal abuse registry, discussing the link between the abuse of animals and violence towards …

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 17, Issue 1.

Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism, Kevin R. Grubbs

Animal Law Review

Much debate has surfaced surrounding so-called “eco-terrorism.” Some commentators argue that such activity is not and should not be called terrorism. This Comment analyzes these extremist activities through the lens of federal terrorism laws and argues that, while these activists’ goals are laudable, their methods are often terroristic. Consequently, those activities that go too far are-and should be-classified as terrorism.

2009 Legislative Review, Jennifer O'Brien, Randall Szabo

Animal Law Review

No abstract provided.

Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.