Animal Law Commons^™

Oats, Water, Hay, And Everything Else: The Regulation Of Anabolic Steroids In Thoroughbred Horse Racing, Bradley S. Friedman

Animal Law Review

In May 2008, a horse named Big Brown won the Kentucky Derby, narrowly beating a filly named Eight Belles. Just as Eight Belles crossed the finish line, she collapsed and was put to her death in front of millions of viewers as a result of her two broken legs. As the world tried to make sense of the tragedy, the prominent trainer of Big Brown casually announced that he administered anabolic steroids before the race to enhance Big Brown’s performance and that he would continue to give steroids before every other race for the same reason. Thus, the issue of …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 16, Issue 1, 2009.

California Proposition 2: A Watershed Moment For Animal Law, Jonathan R. Lovvorn, Nancy V. Perry

Animal Law Review

This essay explores the legislative and legal campaign to enact California Proposition 2: The Prevention of Farm Animal Cruelty Act, approved by California voters on November 4, 2008. The authors direct the legislation and litigation programs for The Humane Society of the United States, and, along with many other individuals and organizations, were centrally involved in the drafting, campaigning, and litigation efforts in support of the measure.

Caring For Dolphins, Otters, And Octopuses: Speciesism In The Regulation Of Zoos And Aquariums, Marla K. Conley

Animal Law Review

Current regulations for zoos and aquariums rely heavily on standards established by industry associations, and the government increasingly expects public display facilities to self-monitor. Unfortunately, the industry associations charged with policing zoos and aquariums lack the enforcement authority necessary to ensure that animals kept in these facilities receive adequate attention or resources. This article argues that marine animals kept in public display facilities, such as zoos and aquariums, should benefit from the same level of regulatory protection as their land-bound counterparts. Even though marine animals demonstrate intellectual abilities equivalent or superior to those of land-bound animals, federal regulations allow facilities …

Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky

Michigan Journal of International Law

Part I of this Essay marshals the evidence that fisheries around the world are in peril from destructive fishing practices. Part II argues that most fisheries management regimes are ineffective at counteracting the political pressures and economic incentives that lead to unsustainable fishing. Part III makes the case that government subsidies are major enablers of overfishing. The fourth and final Part discusses the continuing efforts to use international trade regulation to eliminate overfishing subsidies and halt the collapse of the world's marine fish populations.

Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff

Michigan Journal of International Law

This Essay assesses challenges that arise when marine territorial boundaries do not encompass the appropriate assemblage of resources and relationships necessary for effective authority and management. It reviews the manner in which certain offshore resource uses have been "quasi-territorialized" by the application of other forms of jurisdiction. It also highlights regime-jurisdiction-private interest-oriented responses to territory-oriented challenges in the form of assemblages of authority, interests, space, and time. Given the scalar progression of the links in the discussion, the assessment moves from international principles to exercises of national sovereignty to domestic administration of space and resources to private legal interests.

Buying Or Selling A Horse In France: An Introduction To The Legal Context Proposed To The Attention Of U.S. Equine Lawyers, Philippe E. Corruble

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Procedural Due Process Implications Of Kentucky's Thoroughbred Medication Regulations, W. Chapman Hopkins

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The New Jersey Supreme Court Distinguishes The Humane Treatment Of Animals And Routine Husbandry Practices In New Jersey Society For The Prevention Of Cruelty To Animals V. New Jersey Department Of Agriculture, Julie M. Mcgill

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Natural Behavior, Jeffrey Moussaieff Masson

Animal Law Review

No abstract provided.

The Alaskan Wolf War: The Public Trust Doctrine Missing In Action, Edward A. Fitzgerald

Animal Law Review

Wolf killing in Alaska is authorized by the Board of Game (BOG), an agency captured by hunting and trapping interests. The BOG’s wolf killing policies have generally been supported by state legislatures and governors. Alaskan courts have not halted the wolf killing. The courts have viewed wolf killing as an issue of administrative law and deferred to BOG expertise. This article argues that the courts should have invoked Alaska’s public trust doctrine, which prevents the granting of preferences over state natural resources. The courts should have also rigorously examined the BOG’s wolf killing policies and protected the wolf as a …

Ringling Brothers On Trial: Circus Elephants And The Endangered Species Act, Mark Eichelman

Animal Law Review

In February 2009, the case of American Society for the Prevention of Cruelty to Animals, et al. v. Feld Entertainment, Inc. was heard in the United States District Court for the District of Columbia. The plaintiffs, four animal rights organizations and one former elephant handler for Ringling Brothers and Barnum & Bailey Circus, brought a citizen suit against Feld Entertainment, Inc. (FEI), owner of Ringling Brothers, alleging that the Circus’ use of bullhooks and leg tethers on its endangered Asian elephants constituted illegal “takings” under the Endangered Species Act (ESA). FEI argued that the plaintiffs did not have standing to …

Anti-Horse Slaughter Legislation: Bad For Horses, Bad For Society, Laura J. Durfee

Indiana Law Journal

No abstract provided.

No Cracks In The Wall: The Standing Barrier And The Need For Restructuring Animal Protection Laws, Kristen Stuber Snyder

Cleveland State Law Review

American society's perception of animals has come a long way since the country was founded over 200 years ago. However, the court system has been slow to evolve along with these views, and the standing requirement maintains a barrier for those wishing to enforce protection through litigation. While protective legislation currently exists, it does not provide the necessary means of enforcement to accomplish its objectives. Thus, the enactment of new legislation is necessary to ensure animals in this country exist under decent and humane conditions.

Front Matter

Animal Law Review

Front Matter includes title page, masthead, advisors, and Table of Contents for Animal Law Review Volume 15, Issue 2.

A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell

Animal Law Review

No abstract provided.

Using Dogs For Emotional Support Of Testifying Victims Of Crime, Marianne Dellinger

Animal Law Review

Courts and prosecutorial offices around the nation have started using service dogs to support emotionally frail child witnesses who are unwilling to testify but for the calming presence of a dog. Proponents claim that this new type of therapeutic jurisprudence helps bring criminal defendants to justice in cases where the testimony of the complaining witness is crucial to the prosecution’s case. Opponents fear the infringement of the defendants’ rights to a fair trial because of the dogs’ potential to prejudice a jury to come out in favor of the witnesses.

This article analyzes the legal foundations supporting the use of …

2007-2008 Legislative Review, Nancy R. Hoffman, Robin C. Mcginnis

Animal Law Review

No abstract provided.

Speaking For The Modern Prometheus: The Significance Of Animal Suffering To The Abolition Movement, Elizabeth L. Decoux

Animal Law Review

There is a great divide in animal advocacy between Abolition and Welfare. Abolitionists seek to end the property status of animals. Welfarists, while acquiescing in the categorization of animals as property, seek to improve the conditions in which those animals live and die. Abolitionists have worked toward their goal for decades, and Welfarists toward theirs for centuries, but animals continue to suffer and die in ever-increasing numbers. This Article reviews the theories and methods of Abolitionists and Welfarists and suggests one reason that they have failed to relieve animal suffering and death: Welfarists use the right tool in the service …

Animals As Vulnerable Subjects: Beyond Interest-Convergence, Hierarchy, And Property, Ani B. Satz

Animal Law Review

This Article presents a new paradigm, premised on the equal protection principle, for the legal regulation of human interactions with domestic animals: Equal Protection of Animals (EPA). EPA combines the insights of vulnerability theorists with the equal protection principle and capability theory to create a mechanism for recognizing the equal claims of human and nonhuman animals to protections against suffering. Under such an approach, domestic animals—like humans—have claims to food, hydration, shelter, bodily integrity (including avoiding pain), companionship, and the ability to exercise and to engage in natural behaviors of movement.

Existing animal welfare and anti-cruelty laws, despite their stated …

Son Of Sam And Dog Of Sam: Regulating Depictions Of Animal Cruelty Through The Use Of Criminal Anti-Profit Statutes, Emma Ricaurte

Animal Law Review

In 1991, Congress enacted 18 U.S.C. § 48, which prohibits the interstate sale and distribution of depictions of animal cruelty, in response to the proliferation of animal “crush videos” on the Internet. In 2008, the Third Circuit, in United States v. Stevens, a case involving dog fighting, held that the law was an unconstitutional restriction on free speech. In April of 2009, the Supreme Court of the United States granted certiorari. Discussions about the regulation of depictions of animal cruelty have largely focused on whether the child pornography or obscenity exceptions to the First Amendment should be extended to include …

Punishing Depictions Of Animal Cruelty: Unconstitutional Or A Valid Restriction On Speech?, Kerry Adams

Barry Law Review

No abstract provided.

The Game Of Conservation: International Treaties To Protect The World’S Migratory Animals, Mark Cioc

Ohio University Press Open Access Books

The Game of Conservation is a brilliantly crafted and highly readable examination of nature protection around the world.

Twentieth-century nature conservation treaties often originated as attempts to regulate the pace of killing rather than as attempts to protect animal habitat. Some were prompted by major breakthroughs in firearm techniques, such as the invention of the elephant gun and grenade harpoons, but agricultural development was at least as important as hunting regulations in determining the fate of migratory species. The treaties had many defects, yet they also served the goal of conservation to good effect, often saving key species from complete …

Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert

Articles

No abstract provided.

Slides: The Big Questions, Doug Kenney

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Doug Kenney, Natural Resources Law Center, University of Colorado Law School

7 slides

Slides: The Urbanizing West: Limits To Water, Limits To Growth, Lora A. Lucero

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Lora A. Lucero, AICP, American Planning Association

18 slides

Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Barton “Buzz” Thompson, Perry L. McCarty Director, Woods Institute for the Environment, Stanford University Law School

14 slides

Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

16 pages.

Includes bibliographical references

"2007"

"Collaborative Governance Report 2"

Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona Department of Agriculture & Resource Economics

22 slides

Slides: Linking Growth, Land Use And Water, Jim Holway

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jim Holway, Global Institute of Sustainability, Civil and Environmental Engineering, Arizona Water Institute, Arizona State University

29 slides