Animal Law Commons^™

Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg

William & Mary Environmental Law and Policy Review

No abstract provided.

Preempting Humanity: Why National Meat Ass'n V. Harris Answered The Wrong Question, Pamela Vesilind

Maine Law Review

The 2011-12 Supreme Court term was notable for high profile cases about state undocumented immigrant law, GPS-enabled police searches,chronic liars claiming military honors, and the constitutionality of the Affordable Health Care Act. As such, it is unsurprising that the decision in National Meat Ass’n v. Harris,notable for its unanimity and matter-of-fact concision, received relatively little attention from the media or the academy. Nevertheless, National Meat is a bellwether federalism opinion, the significance of which has been widely overlooked. At first blush, the legal question in National Meat appeared to be relatively unremarkable: whether the USDA’s slaughterhouse and packing plant regulations …

When Fox And Hound Legislate The Hen House: A Nixon-In-China Moment For National Egg-Laying Standards?, Lucinda Valero, Will Rhee

Maine Law Review

It is no secret that the vast majority of American eat animals and animal products. Because of the popularity of animals and animal products as food, “foxes”—agricultural producers—have long struggled against “hounds”—animal welfare advocacy groups—to influence the popular American appetite. This essay focuses upon one such fox, the United Egg Producers (UEP), the nation’s largest egg farmer organization, and one such hound, the Humane Society of the United States (HSUS), the nation’s largest animal advocacy organization. JSUS had already outmaneuvered UEP by successfully swaying popular opinion in California, Michigan, Ohio, Oregon, an Washington to pass state law referenda or legislation …

Whatever Happened To The "Frankenfish"?: The Fda's Foot-Dragging On Transgenic Salmon, Lars Noah

Maine Law Review

AquaBounty Technologies has genetically modified the Atlantic salmon through the introduction of a growth hormone gene from the Chinook salmon, which allows the fish to reach market size almost twice as quickly as its farmed counterparts. The research began more than two decades ago. The company secured licenses for the patents that emerged out of this research, and its plans to commercialize the transgenic salmons (branded “AquAdvantage”) took shape more than a decade ago. In late 2010, the U.S. Food and Drug Administration (FDA) appeared to be on the verge of authorizing production, but, more than two years later, the …

A Blast From The Past: Seismic Airgun Policy And The Need For Reform, Janaye Garrett

Florida State University Law Review

No abstract provided.

Social Membership: Animal Law Beyond The Property/Personhood Impasse, Will Kymlicka

Dalhousie Law Journal

While animal law has been subject to frequent reform in Canada and abroad, the basic legal foundations of animal oppression are largely unchanged. There are many reasons for this impasse, but part of the explanation is that legal reforms are caught in what we might call the property/personhood dilemma. In most legal systems, domesticated animals are defined as property and so long as this remains true, reforms are likely to be marginal and ineffective. However the main alternative-to shift animals from the category of property to personhoodis politically unfeasible, particularly for the domesticated animals who are most intensively exploited in …

Colb And Dorf On Abortion And Animal Rights, Mylan Engel Jr.

Between the Species

In their recent book, Sherry Colb and Michael Dorf defend the following ethical theses: (1) sentience is sufficient for possessing the right not to be harmed and the right not to be killed; (2) killing sentient animals for food is almost always seriously wrong; (3) aborting pre-sentient fetuses raises no moral concerns at all; and (4) aborting sentient fetuses is wrong absent a reason weighty enough to justify killing the fetus. They also discuss strategies and tactics for activists: They oppose the use of graphic images by activists on tactical grounds, and they categorically oppose the use of violence by …

Alaska Oil & Gas Association V. Pritzker, Benjamin W. Almy

Public Land & Resources Law Review

In Alaska Oil & Gas Association v. Pritzker, the Ninth Circuit reversed the United States District Court for the District of Alaska’s decision to strike down the National Marine Fisheries Service’s (“NMFS”) listing of distinct population segments of the Pacific bearded seal. The court determined that the NMFS was in full compliance with the requirements of the Endangered Species Act and squarely rejected the district court’s demand for highly specific data pertaining to the projected effects of climate change on the bearded seal.

Safari Club International V. Jewell, Jacob Schwaller

Public Land & Resources Law Review

Safari Club International and the National Rifle Association brought this challenge to the U.S. Fish and Wildlife Service’s suspension of elephant trophy imports from 2014 forward. Both parties brought cross motions for summary judgment. In a recent memorandum opinion, the D.C. Federal District Court found that, although there was a minor procedural error on the part of the Service, an extended ban on Zimbabwean elephant trophies by the U.S. Fish and Wildlife Service was in large part compliant with their mandate under the Convention on International Trade in Endangered Species of Wild Flora and Fauna and the Endangered Species Act. …

The Importance Of Establishing Assistance Animal Policies In Your Library, Maureen Rust, Mary Wise

Library Scholarship

Many library employees do not understand fully the laws and rules regarding service animals and the rights of persons with disabilities who work with service animals. Employees do not necessarily know the differences between service animals, therapy animals, and emotional support animals. It is im- portant for employees of all public accommodations, such as libraries, to understand the differences and the rules that govern each category of animal, and when and if each category is allowed into the library. Employees need to know how to accommodate persons with disabilities and what questions they can ask legally, if they have reason …

The Value Of Existence, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

One does not read Beating Hearts passively. I found myself agreeing often, disagreeing often, and sometimes doing both at the same time. Just as frequently, the book made me reexamine my views from a perspective I had not considered before. For example, prior to reading the book, I had not explored the basis for my belief that causing the death of a living being is a morally significant act. The authors (with a post-mortem assist from Epicurus) have seen to that deficiency. This forum seems an ideal place to push that discussion a bit further.

Animal Law In A Changing (And Challenging) Political Climate: One Professor's Musings After 100 Days Of The Trump Administration, Kathy Hessler

Animal Law Review

This Introduction discusses the current political climate follow­ing the presidential inauguration of Donald J. Trump, with a focus on Trump's first 100 days in office and what his actions entail for animal advocates as well as for the field of animal law. The Introduction approaches the Trump presidency through a historical and practical lens, then scrutinizes the Trump administration's actions through its first 100 days. Fol­lowing this analysis, the Introduction turns to the considerable number of voices that have risen in response to the President's initiatives and to those of his party. This Introduction con­cludes by emphasizing the need for …

Telling Tails: The Promises And Pitfalls Of Language And Narratives In Animal Advocacy Efforts, Angela Lee

Animal Law Review

Using a feminist theoretical perspective and drawing on exam­ples from Canada and the United States, this Article considers the promises and pitfalls of language and narrative in the con­text of animal advocacy efforts. Because the animal advocacy movement faces an uphill battle on a number of fronts, leverag­ing language and narrative more conscientiously can help en­hance its success. Elucidating the equivocal nature of the premises on which our current social and legal conceptualiza­tion of nonhuman animals lies can prompt a shift in the domi­nant modes of thjnking about nonhuman animals, thereby stimulating meaningful change in their treatment. However, it is …

Red Wolf Coalition V. North Carolina Wildlife Resources Commission: Better Red Than Dead, Edward A. Fitzgerald

Animal Law Review

This Article demonstrates how federal district court decisions have protected the threatened red wolf. The history of red wolf introduction and the Fourth Circuit decision in Gibbs v. Babbitt are reviewed. In 2012, North Carolina allowed coyote hunting in the red wolf recovery area. The District Court for the Eastern District of North Carolina correctly issued an injunction stop­ping the action. The court held North Carolina set in motion events that led to the killing of red wolves and violated federal regulations regarding the taking of red wolves. The resulting settlement agreement precluded state interference with red wolf recovery. Genetic …

Animal Welfare Legislation In Taiwan And China: Examining The Problems And Key Issues, Shih-Yun Wu

Animal Law Review

This Article offers an overview and evaluation of Taiwan's and China's draft laws for protecting animals, which were drafted by countries that have not experienced comprehensive animal welfare movements. The Article focuses on interpreting the statutory offenses for cruelty and animal welfare infringe­ments, and the problems and deficiencies of the draft laws' sub­stance and enforcement mechanisms-the most critical factors affecting the effectiveness of the animal protection legislation.

2016 State Legislative Review, Kaci Hohmann

Animal Law Review

No abstract provided.

Never Enough: Animal Hoarding Law, Courtney G. Lee

University of Baltimore Law Review

Animal hoarding, a disorder that causes sufferers to acquire animals compulsively despite the inability or unwillingness to provide them with adequate care, is a widespread, costly, often underestimated problem that causes more animal suffering than all acts of intentional cruelty combined. Not only are animals harmed, but humans are as well, from dependents that live with hoarders to members of the surrounding communities to the hoarders themselves. Current laws do not address the issue effectively, and recidivism rates are close to 100%. This Article seeks to increase awareness of the animal hoarding problem and offers suggestions as to how the …

Thoroughbred Horse Racing: Why A Uniform Approach To Drug Regulation Is Necessary, Cody M. Conner

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.

The first game in the series is a strategy game called Lost & …

The Jockey Clubs Search For Legal Standing To Utilize Microchip Technology To Prevent The Shipment Of Equines For Slaughter, Zachary M. Sosnovich

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Battling The Butterfly Effect: Why The Monarch Butterfly Needs Protection Under The Endangered Species Act, Jeana M. Mason

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Canis Rufus: How The U.S. Fish And Wildlife Service Is Failing The Red Wolf, Taylor L. Rippe

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

2016 Federal Legislative Review, Danielle Elefritz

Animal Law Review

Toronto Pig Save and the Save Movement gained worldwide at­tention with the Pig Trial. The defense, with the help of a coali­tion of animal rights groups, was able to put animal agriculture on trial by focusing on the ethics, animal suffering, environ­ment, and health aspects of animal agriculture. Meanwhile, the Save Movement is growing exponentially with 166 groups in seventeen countries bearing witness to animals headed to a slaughterhouse in local communities.

Chapter 568: Saving Our Voiceless Companions, One Life At A Time, Kelci Binau

University of the Pacific Law Review

No abstract provided.

The Big "Blue" Nation: Expanding Aquaculture In Kentucky, K. Cassandra Keck

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Discretion Bites: The Current State Of Animal Emergency Planning, Paige Chretien

San Diego Journal of Climate & Energy Law

Natural disasters have historically wreaked havoc on the lives of animals. Hurricane Katrina, which hit the gulf coast of Louisiana in 2005, exposed the tragic vulnerabilities of pets and pet owners in disasters and brought awareness to the significance of the human-animal bond.[1] As climate change will likely breed storms that are more deadly than their predecessors, planning and preparedness are essential to mitigating the impacts of these storms. The current status of animal emergency planning and preparedness in the state of California does not ensure that such vulnerable population will be adequately protected.
Part I begins by discussing the …

An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler

Mitchell Hamline Law Review

No abstract provided.

“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy

Mitchell Hamline Law Review

No abstract provided.

Criminalizing Fake Service Dogs: Helping Or Hurting Legitimate Handlers?, Tiffany Lee

Animal Law Review

An increasing number of states are passing laws criminalizing the use of fraudulent service animals. This Article explores the potential impact of these laws on people with disabilities and the effectiveness of these laws for places of business who want to exclude fraudulent service animals. The Article considers the nature of fraudulent service animal use and the reasons people may use them, the difficulties in enforcing these state laws in light of the Americans with Disabilities Act, and the potential detrimental effects on the civil rights of people with disabilities using legitimate service animals. Based on this analysis, the Article …

"Three Hots And A Cot And A Lot Of Talk": Discussing Federal Rights-Based Avenues For Prisoner Access To Vegan Meals, David B. Rosengard

Animal Law Review

Vegan prisoners face obstacles in accessing meals congruent with their beliefs, but it may be possible to assert the right to vegan meals while incarcerated via a number of constitutional and statutory provisions. Focusing specifically on the federal le­gal landscape, this Article acts as a road map to those options. First, this Article discusses the scope of relevant religious free exercise jurisprudence-and its utility for prisoners who are vegan for religious reasons. Second, this Article explores the extent to which an equal protection approach may provide vegan prisoners with a viable route to securing appropriate meals. Third, this Article discusses …