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Animal Law Commons™

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Articles 661 - 690 of 1901

Full-Text Articles in Animal Law

Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner Jan 2019

Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner

Public Land & Resources Law Review

Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …


Board Of Editors Jan 2019

Board Of Editors

Public Land & Resources Law Review

No abstract provided.


Table Of Contents Jan 2019

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader Jan 2019

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy Jan 2019

The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy

Public Land & Resources Law Review

No abstract provided.


Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones Jan 2019

Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones

Public Land & Resources Law Review

No abstract provided.


The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor Jan 2019

The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor

Public Land & Resources Law Review

No abstract provided.


Massachusetts Lobstermen’S Association V. Ross, Daniel Brister Jan 2019

Massachusetts Lobstermen’S Association V. Ross, Daniel Brister

Public Land & Resources Law Review

President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects of scientific interest, and dismissing …


The Beginning Of The End For Belugas In Captivity In The United States, Megan E. Boyd Jan 2019

The Beginning Of The End For Belugas In Captivity In The United States, Megan E. Boyd

Animal Law Review

Beluga whales have been displayed in aquariums and zoos for decades, but the end of captive beluga displays in the United States is near, thanks to Georgia Aquarium v. Pritzker. In 2012, the Georgia Aquarium, on behalf of members of the beluga cooperative breeding program, applied to the National Marine Fisheries Service (NMFS) for a special permit allowing the breeding cooperative to import eighteen beluga whales from Russia. After NMFS denied the permit, the Aquarium brought suit, arguing that NMFS’s denial was arbitrary and capricious and that without an influx of belugas, the United States captive beluga whale breeding program …


Animal Welfare Act: Excluded Animals, Michael Mcfadden, Sue Leary, Kathy Hessler Jan 2019

Animal Welfare Act: Excluded Animals, Michael Mcfadden, Sue Leary, Kathy Hessler

Animal Law Review

Michael McFadden discusses the Animal Welfare Act’s exclusion of farmed animals and possible reasons for their exclusion. He then briefly discusses welfare problems faced by farmed animals. He ends by describing the various ways in which consumers are showing increasing concern for farmed animals and how consumers, especially millennial consumers, are poised to force the agricultural industry to improve conditions for farmed animals. Sue Leary recounts the history of efforts to include rats, mice, and birds, in the AWA. Next, she explains the historical and contemporary issues with including common laboratory research animals under animal protection laws. She ends her …


Front Matter Jan 2019

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 25, Issue 3, 2019.


Carnivore-Livestock Conflicts In Chile: Evidence And Methods For Mitigation, Valeska Rodriguez, Daniela A. Poo-Muñoz, Luis E. Escobar, Francisca Astorga, Gonzalo Medina-Vogel Jan 2019

Carnivore-Livestock Conflicts In Chile: Evidence And Methods For Mitigation, Valeska Rodriguez, Daniela A. Poo-Muñoz, Luis E. Escobar, Francisca Astorga, Gonzalo Medina-Vogel

Human–Wildlife Interactions

Human population growth and habitat loss have exacerbated human–wildlife conflicts worldwide. We explored trends in human–wildlife conflicts (HWCs) in Chile using scientific and official reports to identify areas and species with higher risk of conflicts and tools available for their prevention and mitigation. The puma (Puma concolor) was considered the most frequent predator; however, fox (Lycalopex spp.) and free-ranging or feral dog (Canis lupus familiaris) attacks were also common. Our results suggest that the magnitude of puma conflicts may be overestimated. Domestic sheep (Ovis spp.) and poultry (Galliformes) were the most common species predated. …


Placing Our Wager On Equine Assisted Therapy For Kids: Utilizing Kentucky's Sb 200 Reinvestment Funds On Programs That Work, Amanda Mullins Bear Jan 2019

Placing Our Wager On Equine Assisted Therapy For Kids: Utilizing Kentucky's Sb 200 Reinvestment Funds On Programs That Work, Amanda Mullins Bear

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Five More Years For The Animals, David S. Favre Jan 2019

Five More Years For The Animals, David S. Favre

Animal Law Review

For Animal Law’s twenty-fifth anniversary edition, David S. Favre is back with an update on the state of animal law in the United States. This piece covers the new, the changeless, the good, and the bad of the animal legal landscape in the past five years, since Animal Law last asked Favre to write a review of animal law. An overview of new case law is discussed, as is a summary of newly passed state laws, mostly related to companion animals. Additionally, developments in the ever-expanding field of animal legal education are examined. This Article discusses changes in a variety …


Sustainable Development Arrested By U.S. Criminal Law, Steven Ferrey Jan 2019

Sustainable Development Arrested By U.S. Criminal Law, Steven Ferrey

American University Law Review

No abstract provided.


A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf Jan 2019

A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf

South Carolina Law Review

No abstract provided.


The Absolute Insurer Rule: An Unconstitutional And Ineffective Means Of Mitigating Illegal Equine Drugging In The “Sport Of Kings”, Brian Calhoun Mundell Jan 2019

The Absolute Insurer Rule: An Unconstitutional And Ineffective Means Of Mitigating Illegal Equine Drugging In The “Sport Of Kings”, Brian Calhoun Mundell

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Lasix Is A "Failed Experiment": Why The United States Should Follow Other Countries And Ban Lasix, Caitlyn Barnes Jan 2019

Lasix Is A "Failed Experiment": Why The United States Should Follow Other Countries And Ban Lasix, Caitlyn Barnes

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Front Matter Jan 2019

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, Advisors, and Table of Contents for Animal Law Review Volume 25, Issue 2, 2019.


The Animal Welfare Act At Fifty Conference At Harvard Law School Introduction, Delcianna Winders Jan 2019

The Animal Welfare Act At Fifty Conference At Harvard Law School Introduction, Delcianna Winders

Animal Law Review

Delcianna Winders introduces the Animal Welfare Act at Fifty Conference.


Paid In Full: Interpreting And Defining "Market Value" Under The Lacey Act, Max Birmingham Jan 2019

Paid In Full: Interpreting And Defining "Market Value" Under The Lacey Act, Max Birmingham

Animal Law Review

There is a circuit split on the definition of “market value” under the Lacey Act. Courts disagree whether the price of hunting guide services should be factored into calculating the market value of the wildlife hunted. But the purpose of the Lacey Act suggests a broad interpretation of market value which includes guide services. This Article proposes amending the Lacey Act to make clear the definition of market value in keeping with its original purpose.


Animal Welfare Act: Enforcement, Delcianna Winders, Varu Chilakamarri Jan 2019

Animal Welfare Act: Enforcement, Delcianna Winders, Varu Chilakamarri

Animal Law Review

Delcianna Winders discusses the Animal Welfare Act and how the United States Department of Agriculture enforces it. She also provides a critique of the USDA’s enforcement of the AWA, with particular attention to its heavy reliance on warnings and discounted penalties, which in many cases fail to deter regulated entities from violating the AWA. Varu Chilakamarri discusses how animal welfare issues are incorporated into the work of the Department of Justice (DOJ). She provides an overview of the AWA, noting the specific sections that provide for federal court review. Chilakamarri also discusses some of the programmatic steps the DOJ has …


It Takes A Village To Protect Its Pets: How To Empower Local Community Organizations In The Fight For Companion Animal Rights, Danielle Maddox Kinchen Jan 2019

It Takes A Village To Protect Its Pets: How To Empower Local Community Organizations In The Fight For Companion Animal Rights, Danielle Maddox Kinchen

Animal Law Review

This Note aims to provide a guide for state law reforms to ease the responsibility on southern states’ shelter, rescue, and foster systems. It employs a three-pronged strategy to address two main challenges for homeless companion animals—overpopulation and unprosecuted animal cruelty. The United States euthanizes an estimated 1.5 million companion animals annually in its companion animal shelters, largely due to overpopulation, and the South plays an exponentially larger role in this statistic than the North, with some southern cities annually euthanizing hundreds of thousands of companion animals each. Approximately 6.5 million companion animals enter shelters each year, and in addition …


Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch Jan 2019

Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch

Animal Law Review

The animal law movement and animal law education in law schools has been growing over the years. In this Article, prominent figures in the animal law world discuss this growth as well as changes that are expected within the next generation of animal law practice. The authors suggest important goals necessary to strengthen the movement in order to allow law students to access the resources needed to be powerful animal advocates for years to come.


The Struggle For The Legal Rights Of Nonhuman Animals Begins: The Experience Of The Nonhuman Rights Project In New York And Connecticut, Steven M. Wise Jan 2019

The Struggle For The Legal Rights Of Nonhuman Animals Begins: The Experience Of The Nonhuman Rights Project In New York And Connecticut, Steven M. Wise

Animal Law Review

Twenty-five years ago, in the first issue of Animal Law, the author offered an account of why legal rights do not need to be restricted to human beings. Here the author expands upon that account to provide a review of the ongoing struggle of the Nonhuman Rights Project (NhRP) to obtain legal rights for nonhuman animals. The author outlines habeas corpus cases the NhRP has brought on behalf of chimpanzees and elephants in New York and Connecticut and provides a view of the New York and Connecticut Pet Trust Statutes, which grant domestic or pet animals the right to be …


A Quarter Of A Century Of Animal Law: Our Roots, Our Growth, And Our Stretch Toward The Sun, Nancy Perry Jan 2019

A Quarter Of A Century Of Animal Law: Our Roots, Our Growth, And Our Stretch Toward The Sun, Nancy Perry

Animal Law Review

This Article explores the author’s experience as one of the early student pioneers of the animal law program at Lewis & Clark Law. The author discusses her work on the Oregon Cougar and Bear Initiative as a introduction to the power of the ballot initiatve process. The Article then recounts the progress that has been made by animal advocates via federal and state legislation and ballot measures, as well as the setbacks driven by industry interest. It concludes with a discussion of the need for a good defense as industry interests attempt to roll back the progress made by animal …


2018 Federal Legislative Review, Anna Fugate Jan 2019

2018 Federal Legislative Review, Anna Fugate

Animal Law Review

2018 was a slow year for federal animal law legislation. Congress only signed the Endangered Salmon Predation Prevention Act into law, and that law permits the killing of sea lions to protect endangered salmon and steelhead populations. While Congress considered other animal legislation, none of this proposed legislation made it out of Congressional Committees and Subcommittees.


Keeping The “Live” In Live Animal Air Cargo Transport, Noreen Lanza Jan 2019

Keeping The “Live” In Live Animal Air Cargo Transport, Noreen Lanza

Journal of Air Law and Commerce

No abstract provided.


Animal Welfare Act: Welfare Standards, Cathy Liss, Kimberly Ockene, Naomi Rose, Georgia Hancock Snusz, Anna Frostic Jan 2019

Animal Welfare Act: Welfare Standards, Cathy Liss, Kimberly Ockene, Naomi Rose, Georgia Hancock Snusz, Anna Frostic

Animal Law Review

Cathy Liss discusses the changes to the standards after the 1985 Improved Standards for Laboratory Animals amendment to the AWA and the emphasis of performance standards that were implemented. Kimberly Ockene discusses the AWA regulations for commercial dog breeders and a petition for rulemaking that seeks to enhance these regulations. Naomi A. Rose and Georgia Hancock Snusz discuss captive marine mammals and their coverage under the AWA. Lastly, Anna Frostic speaks about public handling of exotic animals held at licensed exhibitors, which are regulated under the Act.


Animal Welfare Act: Interaction With Other Laws, Ani B. Satz, Delcianna Winders Jan 2019

Animal Welfare Act: Interaction With Other Laws, Ani B. Satz, Delcianna Winders

Animal Law Review

Ani B. Satz discusses the interaction of the Animal Welfare Act (AWA) with state laws, specifically focusing on perceived preemptive effects of the AWA on state anti-cruelty laws. Delcianna Winders discusses how these perceived preemptive effects play out on a federal level, focusing on how the AWA interacts with the Endangered Species Act (ESA). She expands upon how both laws apply to captive animals, who have been identified as threatened or endangered under the ESA.