Animal Law Commons^™

Plrlr Editors And Staff

Public Land & Resources Law Review

No abstract provided.

Human Supremacy As Posthuman Risk, Daniel Estrada

The Journal of Sociotechnical Critique

Human supremacy is the widely held view that human interests ought to be privileged over other interests as a matter of ethics and public policy. Posthumanism is the historical situation characterized by a critical reevaluation of anthropocentrist theory and practice. This paper draws on animal studies, critical posthumanism, and the critique of ideal theory in Charles Mills and Serene Khader to address the appeal to human supremacist rhetoric in AI ethics and policy discussions, particularly in the work of Joanna Bryson. This analysis identifies a specific risk posed by human supremacist policy in a posthuman context, namely the classification of …

Federal Protection For "Fur-Babies": A Legislative Proposal, Rebecca Ferrari

Pepperdine Law Review

Americans love their animals, but America doesn’t protect them. Across the country, animals continue to be classified as mere property, undeserving of any basic rights and unprotected by the animal welfare statutes that do exist, but often remain unenforced. This Article proposes a comprehensive animal protection system that includes the following components: (a) general prohibitions against animal crushing, cruelty, neglect, and abuse; (b) a civil action provision that will allow humane society officers to investigate violations of those prohibitions; (c) a provision establishing animal legal advocates to work alongside the officers and prosecute violations; and (d) an animal-suit provision to …

All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards

Pace Environmental Law Review

No abstract provided.

Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip

Pace Environmental Law Review

The United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply …

Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte

Public Land & Resources Law Review

Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.

Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes

PhD Dissertations

This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …

Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar

Journal of Food Law & Policy

Cow’s milk has enjoyed a widespread cultural signification in many parts of the world as “nature’s perfect food.”1 A growing body of scholarship, however, has challenged the image of cow’s milk in human diets and polities as a product of “nature,” and has instead sought to illuminate the political, scientific, colonial and postcolonial, economic, and social forces that have in fact defined the production, consumption, and cultural signification of cow’s milk in human societies. This emerging attention to the social, legal, and political significance of milk sits at the intersection of several fields of academic inquiry: anthropology, history, animal studies, …

Suffering Matters: Nepa, Animals, And The Duty To Disclose, David N. Cassuto, Tala Dibenedetto

Elisabeth Haub School of Law Faculty Publications

The National Environmental Policy Act (NEPA) requires the federal government to disclose potential environmental harms arising from agency actions. Animal suffering is an environmental harm, yet no court has ruled that its infliction triggers a reporting obligation under NEPA. This Article argues that animal suffering should be a cognizable environmental harm under NEPA, that considerations of animal suffering should factor into whether an agency must prepare an EIS--and should be discussed in the content of the EIS.

Part II of this Article introduces and explains the procedural requirements of NEPA. Part III discusses animal suffering--how it is defined, how laws …

Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis

St. Mary's Law Journal

Careless or apathetic gunowners, whose lost or stolen firearms are used in the commission of a violent crime, should be held strictly liable. Current tort law leaves victims of gun violence and their families without a mode of redress against an irresponsible gun owner whose actions played a pivotal role in the victim’s ultimate injury. Without effective liability principles to regulate gun ownership, gunowners are provided de facto immunity regardless of whether the harm suffered by the victim is intertwined with the gunowners careless behavior. This comment examines the efficacy of existing tort liability principles as provided in the Restatement …

Navajo Nation V. United States Department Of The Interior, Adam W. Johnson

Public Land & Resources Law Review

The Navajo Nation sued the United States government alleging the government breached its trust obligation over the allocation of water rights in the Colorado River Basin. On remand, the district court denied the Navajo Nation leave to file its third amended complaint for futility, holding that the general trust relationship was insufficient to support the Nation’s breach of trust claim.

Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni

William & Mary Environmental Law and Policy Review

No abstract provided.

Pardoning Dogs, Sarah Schindler

Sturm College of Law: Faculty Scholarship

In 1994, the Governor of New Jersey pardoned a dog. In 2017, the Governor of Maine did the same. Each of these dogs had been ordered to be euthanized after killing another dog. While the Governor of New Jersey relied on the property status of the dog in issuing her order, the Governor of Maine relied on his standard pardon power, despite the fact that the being to be pardoned was a dog rather than a human. Both of these cases generated a great deal of popular press and attention, and a few months ago, a New York state senator …

Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?, Alizabeth Bronsdon

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral argument in this matter on Monday, February 24, 2020, at 10 a.m. in the Supreme Court Building in Washington, D.C. Anthony Yang, Assistant to the Solicitor General, will likely argue for the United States. In a divided oral argument, Paul D. Clement will likely appear for Atlantic Coast Pipeline, LLC, the petitioner in consolidated case No. 18-1587, Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association. Michael K. Kellogg will likely appear for the Respondents.

Recognising The Sentience Of Animals In Law: A Justification And Framework For Australian States And Territories, Jane S. Kotzmann

General - Animal Feeling

Scientific research is clear that most animals are sentient. This means that they have the capacity to subjectively perceive or feel things such as happiness and suffering. At present in Australia, animal sentience is, to some degree, implicitly recognised in animal welfare legislation that is in operation in all state and territory jurisdictions. This legislation criminalises human cruelty towards some animals because of the capacity such action has to cause animal pain and suffering. There is growing public concern in Australia, however, that such legislation does not adequately protect animals from pain and suffering. The Australian Capital Territory (‘ACT’) has …

Recognising The Sentience Of Animals In Law: A Justification And Framework For Australian States And Territories, Jane S. Kotzmann

Legislation and regulation

Scientific research is clear that most animals are sentient. This means that they have the capacity to subjectively perceive or feel things such as happiness and suffering. At present in Australia, animal sentience is, to some degree, implicitly recognised in animal welfare legislation that is in operation in all state and territory jurisdictions. This legislation criminalises human cruelty towards some animals because of the capacity such action has to cause animal pain and suffering. There is growing public concern in Australia, however, that such legislation does not adequately protect animals from pain and suffering. The Australian Capital Territory (‘ACT’) has …

Northern Plains Resource Council V. United States Army Corps Of Engineers, Liz M. Forster

Public Land & Resources Law Review

Environmental activist and indigenous rights groups have challenged the validity of the Keystone XL Pipeline since its initial approval in 2010. In April 2020, less than a month after crews broke ground, the opposing groups notched a major win when the United States District Court for the District of Montana revoked a key permit for the project on the grounds that the United States Army Corps of Engineers had inadequately assessed the pipeline’s impact on endangered species.

A Taxonomy Of Class Actions For Animals In The United States, Tess Vickery

Animal Law Review

Class actions are commonly used to redress mass wrongs against humans— but what about mass wrongs against animals? This Article provides a comprehensive overview of the types of animal-related class actions that have been filed in the United States, predominantly in the field of consumer law, and explores how these actions can be used as a strategic tool to advance protections for animals within the confines of their legal status as property. This Article also highlights the challenges that have been faced by these animal-related class actions in obtaining class certification pursuant to Rule 23 and offers some practical strategies …

The Regulatory Vacuum: How Marijuana's Schedule I Status Imperils Endangered Species In The Emerald Triangle, Jeffrey Bausch Jr.

Animal Law Review

The U.S. Fish and Wildlife Service (the Service) is unable to adequately address Endangered Species Act (ESA) petitions because marijuana’s Schedule I status creates a regulatory vacuum. Marijuana growers use pesticides, many of which are lethal at certain concentrations. Typically, these pesticides are highly regulated by the Environmental Protection Agency (EPA). Farmers may only use pesticides specifically prescribed for use on the plant or crop. EPA has been unable to research or register pesticides for use on marijuana plants, and as a result, growers use pesticides at abnormally high concentrations. Wildlife in northern California and Oregon are directly harmed as …

2019 Federal Legislative Review, Patricia Estrella

Animal Law Review

The 116th Congress was historic for many reasons, and one of those reasons was major legislative progress for animals. In 2019, the Preventing Animal Cruelty and Torture Act passed,criminalizing the underlying cruelty acts in animal crushing videos. Furthermore, Congress ended the sale of healthy wild horses and burros for slaughter and committed to giving financial rewards for tips on international wildlife trafficking. Additionally, many more bills were introduced in the House of Representatives and the Senate, such as the Courthouse Dog Act and the Refuge From Cruel Trapping Act. While it is still unclear whether all the bills introduced to …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Shooting Fish, Michael L. Smith

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Welcome To The World Of Tomorrow: An Exploration Of Cell-Based Meats And How The Fda And Usda May Protect Intellectual Property Rights, Sean A. Grafton

Catholic University Journal of Law and Technology

Lab-grown meats are ready to be sold in United States markets. However, the meat product needs approval from regulators such as the Food and Drug Administration (“FDA”) and the United States Department of Agriculture (“USDA”). The regulation approval process takes a significant amount of time. This approval period will cut into the lab-grown meat producers’ patent time, rendering a period of the patent ineffective.

This Comment analyzes the effect of, and possible changes to, our current laws on the emerging lab-grown meat market. To look at this problem, this Comment compares FDA and USDA regulations, analyzes the Hatch-Waxman Act, and …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 26, Issue 1, 2020.

Feeding Fido: The Case For Restitution In Ohio Animal Cruelty Convictions, Mary Walsh

Animal Law Review

This Note reviews Ohio animal cruelty convictions and makes an argument that restitution should be paid in those cases to the caretakers of the seized animals. First, this Note walks through the changing status of animals under the law from strictly property to the first anti-cruelty statutes imposed in Ohio. There is further discussion of what restitution means in cases like anti-cruelty and why it matters. The discussion then turns to why the current allowed financial sanctions are not enough to pay the fees required in housing and taking care of seized animals. Several cases in Ohio where restitution was …

Toward An Interspecies Right To Breastfeed, Mathilde Cohen

Animal Law Review

Milk is young mammals’ primary food. Yet, lactating animals raised for their milk, such as cows and goats, are subject to extreme forms of violence and control preventing them from breastfeeding their own young. Numerous human parents also lack the legal, economic, social, and emotional support they need to nurse their children. At one level, the situation of humans and that of farmed animals is incommensurable in that the latter’s reproductive and lactating capacity is typically exploited and rewarded by death when unprofitable. At another level, lactating animals of all species are in a related social status. Lactating parents, typically …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 26, Issue 2, 2020.

A Quantitative Study Of Denver's Breed-Specific Legislation, Sloane M. Hawes, Devrim Ikizler, Katy Loughney, Aurora Temple Barnes Esq., Justin F. Marceau, Philip Tedeschi, Kevin N. Morris

Animal Law Review

In August of 1989, the City and County of Denver, Colorado enacted legislation that prohibits the presence of all ‘pit bull-type dogs’ (PBTDs) within the city limits. In Denver, PBTDs are defined as: American pit bull terrier, American Staffordshire terrier, or Staffordshire bull terrier. In the thirty years the ‘pit bull ban’ has been in place, the City and County of Denver and its animal control agency, Denver Animal Protection, have committed substantial resources to removing PBTDs from the community, including patrolling communities and responding to complaints made by neighbors, conducting thorough breed evaluations of suspected PBTDs, and kenneling PBTDs …

Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey L. Gordon

Faculty Law Review Articles

Of all the living things on earth, humans have the unique ability to destroy all life. Paradoxically, even though our lives will ultimately be destroyed too, we also seem to have the inability to stop the destruction, or at least alack of will to stop it. As the daily litany of new destructions² piles up and both the pace and the quantity increase, each loss is buried in the pile beneath humanity’s other problems. When humans start prioritizing, the living environment—both flora and fauna—is often neglected, and sometimes purposely harmed.³ Even nonliving elements of nature are harmed. In …

Species Conservation & Recovery Through Adequate Regulatory Mechanisms, Sandra B. Zellmer, Sam J. Panarella, Oliver Finn Wood

Faculty Journal Articles & Other Writings

The world is experiencing its sixth episode of mass extinction of life. In rhetoric typically used by bloggers rather than scientists, the National Academy of Sciences reports that this "biological annihilation" is more dire than previously believed,' and that the decimation of biodiversity and of the ecosystem services resulting from it is nothing less than a "frightening assault on the foundations of human civilization."2

Unlike previous episodes of mass extinction, this one is caused by human overpopulation, overconsumption, and anthropogenic climate change. The United States has been a world conservation leader for over a century, but its commitment to supporting …