Animal Law Commons^™

Thunder Without Rain: A Review/Commentary Of Rain Without Thunder: The Ideology Of The Animal Rights Movement, Steven M. Wise

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 …

Rights Of Slaves And Other Owned-Animals, Alan Watson

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. The law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. However, through the efforts of people who have recognized the law's shortcomings and have sought to correct them, justice may eventually prevail. Unfortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by experts from various interdisciplinary fields at …

Are Women Persons?, Drucilla Cornell

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 …

Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler

Animal Law Review

Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.

Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise

Animal Law Review

This Symposium was adapted from a presentation to the Senior Lawyers Division of The American Bar Association, Orlando, Florida, Aug. 2, 1996.

Tracking The Adc: Ranchers' Boon, Taxpayers' Burden, Wildlife's Bane, David Hoch, Will Carrington Heath

Animal Law Review

Approximately thirty five million dollars are spent each year by the Animal Damage Control division of the US Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these "predators" are appalling. Mr. Hoch argues that the funding for this program is excessive, irresponsible, and raises serious ethical questions. He concludes that ADC activities should be terminated immediately.

Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf

Animal Law Review

The 104th Congress legislated a complete moratorium on the listing of species and critical habitat under the Endangered Species Act. Mr. Kopf explores the motivations behind the moratorium and shows how market forces may further weaken the ESA. This article questions whether the moratorium and its subsequent repeal signal a new era of environmental awareness or a return to industry's discreet manipulation of the legislative process.

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 3, Issue 1.

The Thirsty Cow And And Important Distinction, Priscilla Cohn

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 …

Where Do We Draw The Line Between Harassment And Free Speech?: An Analysis Of Hunter Harassment Law, Katherine Hessler

Animal Law Review

Ms. Hessler examines the constitutionality of the federal hunter harassment statute and concludes that protests of hunting events should be protected under the First Amendment.

The Rise Of Equine Liability Activity Acts, Sharlene A. Mcevoy

Animal Law Review

In recent years, the equine industry has become concerned by court decisions which undermine the traditional view that persons who participate in horseback riding activities assume the risk of any iJ\iury they incur. Ms. McEvoy examines significant cases and state statutes designed to meet the challenges posed by these decisions, as well as the legislative history behind a Connecticut statute.

Animal Rights Theory And Utilitarianism: Relative Normative Guidance, Gary L. Francione

Animal Law Review

Mr. Francione examines the philosophies of Peter Singer and Tom Regan and concludes, in part, that there is nothing in rights theory that necessarily precludes the animal advocate from pursuing incremental legislative or judicial change; however, he asserts that we cannot speak meaningfully of legal rights for animals as long as animals are regarded as property.

Biotechnology And The Patenting Of Living Organisms, Matthew Mcgovern

Animal Law Review

Mr. McGovern discusses the reasoning behind the leap from patentability of non-living things to the living thing~ within the last twenty years. He concludes that neither the Supreme Court or Court of Customs and Patent Appeals has offered a convincing rationale for the inclusion of living things within 35 U.S.C. Section 101.

On The "Necessary Suffering" Of Nonhuman Animals, Michael Allen Fox

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 …

Why Chinese Wildlife Disappears As Cites Spreads, John Copeland Nagle

Journal Articles

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) proves that popularity does not assure success. CITES is one of the oldest and most popular international environmental treaties. Yet after twenty-three years and the approval of over 125 nations, wildlife continues to become extinct and endangered at an unhindered rate. Why?

The explanation for this paradox can be found by comparing the state of wildlife in China and the United States. Both countries are parties to CITES. Their efforts to enforce CITES are very different, but they both reveal the limitations of the current treaty …

Rights Of Slaves And Other Owned-Animals, Alan Watson

Scholarly Works

Part of a number of essays which follow are written by experts from various interdisciplinary fields at the request of Animal Law.

I chose the title with deliberation. My concern in this paper is not with moral theory, but with the law that has given rights to owned-animals, and the extent to which these rights have been enforced.

I believe that there is a three-fold hierarchy as to the extent of these rights in accordance with the animal that is their object. At the top of the hierarchy are rights accorded to slaves under a legal system that is not …

Roman Slave Law: An Anglo-American Perspective, Alan Watson

Cardozo Law Review

The most influential secular system of law in the West has been Roman private law. This is true even of its slave law, which was received not only in states of Europe where slavery survived, but also in European colonies in America, whether those of Spain, Portugal, France, or the Dutch West India Company. Though slavery had died out in France and the Dutch Republic, when slavery appeared in the colonies, recourse was had above all to Roman law.

Reform Of The Endangered Species Act: Overview Of Administrative Reforms [Congressional Hearing Material Submitted By Bruce E. Babbitt, Secretary, Department Of Interior], Dinah Bear

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

31 pages.

Essential Elements Of Amendments To The Endangered Species Act, John Harja

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

14 pages.

Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

11 pages.

A Tribal Perspective On Esa Reform, Ted Strong

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

4 pages.

How The Regulated Community Views Regulation To Protect Living Resources: The Endangered Species Act, Biological Diversity, And Ecosystem Management, Steven P. Quarles

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

21 pages.

Contains footnotes.

The Endangered Species: The Urban Water Utility Perspective, Chips Barry

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

28 pages.

Contains 2 pages of references.

The Endangered Species Act—Economic Impacts: The Perception And The Numbers, Jon A. Souder

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

13 pages (includes illustrations).

Contains 2 pages of references.

Water Rights, Contract Rights, And The Endangered Species Act, Brian E. Gray

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

12 pages.

Contains references.

The Endangered Species Act: Tramping On Tribal Rights?, Robert S. Pelcyger

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

32 pages.

Contains footnotes.

Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

9 pages.

The Enigma Of The Blind Salamander And Groundwater Pumping: Lessons From The Edwards Aquifer, Texas, Charles R. Shockey

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

39 pages (includes illustrations and maps).

Contains footnotes.

An Overview Of The Endangered Species Act, Michael J. Brennan

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

25 pages.