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Animal Law Commons™

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Articles 1531 - 1560 of 1901

Full-Text Articles in Animal Law

Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon Jan 1999

Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon

Animal Law Review

The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land seres more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlaujul Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southnwestern United States.

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State Animal Anti-Cruelty Statutes: An Overview, Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, Paul A. Ernest Jan 1999

State Animal Anti-Cruelty Statutes: An Overview, Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, Paul A. Ernest

Animal Law Review

This article provides an introduction to the current status of state animal anti-cruelty laws throughout the United States. Extensive exploration of the similarities and differences between these statutes, combined with detailed statutory citations, enables this article to serve as a useful resource for research and statistical purposes. Additionally, the article offers an opportunity to review many of the provisions contained within these anti-cruelty statutes and to identify those in need of improvement.

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Examining The Viability Of Another Lord Of Yesterday: Open Range Laws And Livestock Dominnance In The Modern West, Coby Dolan Jan 1999

Examining The Viability Of Another Lord Of Yesterday: Open Range Laws And Livestock Dominnance In The Modern West, Coby Dolan

Animal Law Review

In this comment, the author explores the development of open range laws in Oregon and other western states and argues such laws should be abolished or drastically amended. Common law requires ranchers to fence livestock in or face liability for damages caused by strays. Hvever, historical customs and practices of Western states were shaped by vast open lands and sparce populations, leading to open range customs which required a landowner to fence "out" livestock to protect their property. This comment focuses on the case of Dr. Patrick Shipsey, an Oregon landowner convicted of shooting cattle that wandered onto his land. …

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Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood Jan 1999

Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood

Animal Law Review

The idea that there is a connection between the way individuals treat animals and human beings has a long history in Western popular culture, but a shorter history as the subject of scientific research. Recently, a growing body of evidence has confirmed an association between repeated, intentional abuse of animals and a variety of violent antisocial behaviors including child abuse, domestic violence, and violent criminal activities. The public made this connection before most law-enforcement or menial health officials. Public sentiment for tougher and better-enforced animal cruelty laws is strong, and there has been a dramatic response to recent high-profile animal …

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Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw Jan 1999

Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw

Animal Law Review

The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent …

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Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise Jan 1999

Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise

Animal Law Review

The rule that "animals are property," and do not merit legal rights, is ingrained in the law of English-speaking countries. Challenges to this rule must be brought in strategic, thoughtfu, sensitive, sophisticated, and coordinated ways. This essay offers seven related strategic considerationsf or anyone who wishes to battle the "animals as property" rule.

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The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon Jan 1999

The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon

Scholarly Works

No abstract provided.

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Mclibel, David J. Wolfson Jan 1999

Mclibel, David J. Wolfson

Animal Law Review

In 1991, McDonald's sued two pro se defendants in England for defamation in relation to, among other things, allegations that McDonald's was culpably responsible for cruel common farming practices. The case took seven years and the appeals still continue, Though McDonald's spent over $16 million on legal representation and had significant legal advantages, it lost major portions of the case, including the issue of animal cruelty. Mr. Molfson discusses the background and holding of "MeLibel" in relation to cruel common farming practices, its unique legal context, and the impact of the holding on animal law in general and state anti-cruelty …

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Free Speech, Animal Law, And Food Activism, Howard F. Lyman Jan 1999

Free Speech, Animal Law, And Food Activism, Howard F. Lyman

Animal Law Review

No abstract provided.

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1998 Legislative Review, Aaron Lake Jan 1999

1998 Legislative Review, Aaron Lake

Animal Law Review

Legislative Review is a new feature summarizing the major state ballot initiative drives over the past year. The 1998 Legislative Review contains an overview of initiatives including: cockfighting in Arizona and Missouri; trapping in Alaska in Alaska and California; hunting in Minnesota and Ohio; animal farming in California, Colorado, and South Dakota; and wildlife protection in Utah.

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Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner Jan 1999

Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner

Animal Law Review

Since 1978, forty states and one United States territory have passed laws to protect police dogs. Despite the numerous peculiarities contained in these laws, as well as the legal issues raised by them, none of the laws have been reviewed in academic literature. Although the courts have had little occasion to analyze the vast breadth of issues surrounding the police dog laws, there is much to be said about the components of the various statutes. This article examines the statutory requirements and prescribed penalties relating to police dog statutes and opens debate on the prudence and value of such laws. …

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Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means Dec 1998

Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means

Michigan Law Review

Dissatisfied with the protection afforded wildlife by more recent environmental laws, some environmentalists seek to reinterpret one of the oldest federal environmental laws, the Migratory Bird Treaty Act (MBTA). Long understood simply to regulate hunting, the MBTA makes it illegal to "take" or "kill" migratory birds without a permit. The MBTA imposes strict liability for a violation. A heady combination of strict liability, criminal penalty provisions, and vague language, the MBTA appeals to those seeking to control land use activity. Some environmentalists advocate an interpretation of the MBTA that, contrary to legislative intent and 80 years of enforcement practice, would …

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Endangered Species Act: Standing To Sue. Bennett V. Spear, 117 S. Ct. 1154 (1997)., R. Margaret Dobson Jul 1998

Endangered Species Act: Standing To Sue. Bennett V. Spear, 117 S. Ct. 1154 (1997)., R. Margaret Dobson

University of Arkansas at Little Rock Law Review

No abstract provided.

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Canines Cry Out: Is Six Months In A British Quarantine A Necessity For Rabies Prevention? Jan 1998

Canines Cry Out: Is Six Months In A British Quarantine A Necessity For Rabies Prevention?

Penn State International Law Review (1982 - 2011)

No abstract provided.

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The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson Jan 1998

The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by …

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"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt Jan 1998

"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt

Animal Law Review

In 1997 the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneu­vering by all of the concerned parties. Mr. Eichstaedl examines the history of the Makah whaling rights from the Tribe's treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Ameri­cans re-asserting a centuries-old custom.

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The Conflict Between Species In An Ever More Crowded World, Jane Goodall Jan 1998

The Conflict Between Species In An Ever More Crowded World, Jane Goodall

Animal Law Review

No abstract provided.

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Oregon Dog Control Laws And Due Process: A Case Study, Christopher C. Eck, Robert E. Bovett Jan 1998

Oregon Dog Control Laws And Due Process: A Case Study, Christopher C. Eck, Robert E. Bovett

Animal Law Review

Mr. Eck and Mr. Bovett examine the inequities and inconsis­tencies in Oregon dog control laws and due process concerns arising from them. The authors outline constitutional require­ments that need to be enforced to ensure protection against unreasonable government actions in cases involving these laws.

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Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix Jan 1998

Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix

Animal Law Review

Dr. Lacroix discusses the correlation between different forms of family violence and suggests that family pets are just an­other victim. Dr. Lacroix proposes that stronger animal an­ticruelty laws may be part of the solution to reducing family violence because they enhance the likelihood of detection of an offender's abusive behavior.

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Dolphin-Safe Tuna: The Tide Is Changing, Kristin L. Stewart Jan 1998

Dolphin-Safe Tuna: The Tide Is Changing, Kristin L. Stewart

Animal Law Review

Ms. Stewart reviews the history of the tuna-dolphin contro­versy in the Eastern Pacific Ocean. She explores international agreements and U.S. law that mandate dolphin-safe tuna fish­ing practices. Finally, Ms. Stewart reviews the steps taken by the United States, including embargoes against other coun­tries' tuna, to force tuna-fishing nations to use dolphin-safe practices.

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The Fruits Of Our Labor: Results From The First Session Of The 105th Congress -- 1997 Federal Legislative Summary, Nancy Perry Jan 1998

The Fruits Of Our Labor: Results From The First Session Of The 105th Congress -- 1997 Federal Legislative Summary, Nancy Perry

Animal Law Review

Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legis­lative agenda in is this area. She also provides a current legislative update for each bill involved.

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Recovery Of Common Law Damages For Emotional Distress, Loss Of Society, And Loss Of Companionship For The Wrongful Death Of A Companion Animal, Steven M. Wise Jan 1998

Recovery Of Common Law Damages For Emotional Distress, Loss Of Society, And Loss Of Companionship For The Wrongful Death Of A Companion Animal, Steven M. Wise

Animal Law Review

Mr. Wise analyzes experiential recognition of the bond that ex­ists between human companions and companion animals in the context of possible recovery of tort damages for the wrongful death of a companion animal. He demonstrates that companion animals are often seen by their human companions as members of the family (holding much the same status as children). He discusses historical aspects of the common law as they relate to current tort law in such cases and examines the tension that exists between principle and policy.

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If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai Jan 1998

If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai

Animal Law Review

Mr. Shenai examines animal rights in the context of federal animal testing. After discussing current federal research policy and the positions held by animal rights advocates, he proposes a new statute to accommodate all interests in society as well as the rights of the animals being considered for testing.

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Can Nonhuman Animals Find Tort Protection In A Human-Centered Common Law?, Enger Mccartney-Smith Jan 1998

Can Nonhuman Animals Find Tort Protection In A Human-Centered Common Law?, Enger Mccartney-Smith

Animal Law Review

Section 870 of the Restatement (Second) of Torts provides a method by which a court might extend private intentional tort rights to nonhuman animal plaintiffs. Given our current scien­tific and experiential understanding of many species, com­bined with existing court procedures to ease administrability, such an extension of tort law is mandated.

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Playing Noah, John Copeland Nagle Jan 1998

Playing Noah, John Copeland Nagle

Journal Articles

The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …

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The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle Jan 1998

The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle

Journal Articles

Is the Endangered Species Act constitutional? The D.C. Circuit considered that question in National Association of Home Builders v. Babbitt in 1997. More specifically, the case considered whether the congressional power to regulate interstate commerce authorized the ESA's prohibition upon building a large regional hospital in the habitat of an endangered fly that lives only in a small area of southern California. The three judges on the D.C. Circuit approached the question from three different perspectives: the relationship between biodiversity as a whole and interstate commerce, the relationship between the fly and interstate commerce, and the relationship between the hospital …

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Toothless? The Endangered Manatee And The Florida Manatee Sanctuary Act, Keith Rizzardi Jan 1997

Toothless? The Endangered Manatee And The Florida Manatee Sanctuary Act, Keith Rizzardi

Florida State University Law Review

No abstract provided.

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Obstacles To Legal Rights For Animals: Can We Get There From Here?, Susan Finsen Jan 1997

Obstacles To Legal Rights For Animals: Can We Get There From Here?, Susan Finsen

Animal Law Review

No abstract provided.

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"Do Dogs Ape?" Or "Do Apes Dog?" And Does It Matter? Broadening And Deepening Cognitive Ethology, Marc Bekoff Jan 1997

"Do Dogs Ape?" Or "Do Apes Dog?" And Does It Matter? Broadening And Deepening Cognitive Ethology, Marc Bekoff

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

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Animal Oppression And The Pragmatist, Lesli Bisgould Jan 1997

Animal Oppression And The Pragmatist, Lesli Bisgould

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

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