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Animal Law Commons™

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Articles 931 - 960 of 1901

Full-Text Articles in Animal Law

Buzzkill: How The Epa’S Inaction Is Killing America’S Bees, Kelsey Ott Feb 2015

Buzzkill: How The Epa’S Inaction Is Killing America’S Bees, Kelsey Ott

William & Mary Environmental Law and Policy Review

No abstract provided.

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Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson Jan 2015

Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson

Contributions to Books

This casebook offers a view of natural resources law rich in history, yet exposing students to the complexities of practicing natural resources law in the 21st century. Given that the focus of most Natural Resources Law casebooks is public lands and public law (often at the federal level), this casebook is unique in its primary focus on natural resource conflicts on private lands and its significant focus on private law (though public law is also a focus). While we include chapters on federal public lands and areas of federal primacy like wetlands regulation and endangered species protection, our focus is …

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Taking A Bite Out Of Forensic Science: The Misuse Of Accelerant-Detecting Dogs In Arson Cases, 48 J. Marshall L. Rev. 1149 (2015), Andrew Scott Jan 2015

Taking A Bite Out Of Forensic Science: The Misuse Of Accelerant-Detecting Dogs In Arson Cases, 48 J. Marshall L. Rev. 1149 (2015), Andrew Scott

UIC Law Review

This Comment identifies the proper uses of canine handler teams in arson investigations and trials. Part II discusses the origins of forensic science in criminal trials, the use of expert witnesses in the courtroom, the history and role of forensic science and canine handler teams in arson cases, and the problem of “junk science.” Part III analyzes the pros and cons of using canine handler teams in arson investigations and the dilemma courts face when confronted with unconfirmed canine alerts. Part IV resolves the issue of using canine handler teams in arson investigations. First, it advocates for their continued use …

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Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin Jan 2015

Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin

Animal Law Review

Modern industrial animal agriculture and consumer purchasing patterns do not match consumers' moral preferences regarding animal welfare. Cur­rent production methods infiict a great deal of harm on animals despite widespread consumer preference for meat, dairy, and eggs that come from humanely treated animals. Judging by the premium pricing and market shares of food products with moral or special labels (e.g., 'cage-free,' 'free range,' and 'organic'), many consumers are willing to pay more for less harmful products, but they are unable to determine which products match this preference. The labels placed on animal products, and the insufficient government oversight of these …

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Front Matter Jan 2015

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 22, Issue 1, 2015.

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Barking Up The Wrong Tree: Regulating Fear, Not Risk, Ann L. Schiavone Jan 2015

Barking Up The Wrong Tree: Regulating Fear, Not Risk, Ann L. Schiavone

Animal Law Review

Beginning in the 1980s, the curious phenomenon of breed-specific legislation (BSL) began to spread across the U.S. and abroad. The phenomenon can be traced to sensationalistic media portrayals of the pit bull at that time. This kind of sensationalism was nothing new; throughout American history, various breeds have served as scapegoats, each taking a turn as the most ‘dangerous.’ While it was not new to seek to contain fears by isolating a particular ‘problem’ breed, the legislation itself was unprecedented. Today, in light of mounting evidence that factors other than breed are more determinative of aggression in domestic dogs and …

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The Legal Tipping Point On Horse Soring, Racing, And Slaughter, Lewis Bollard Jan 2015

The Legal Tipping Point On Horse Soring, Racing, And Slaughter, Lewis Bollard

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Non-Uniform Statutes Governing The Sale Of Horses, Frank T. Becker Jan 2015

Non-Uniform Statutes Governing The Sale Of Horses, Frank T. Becker

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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A Goat Too Far?: State Authority To Translocate Species On And Off (And Around) Federal Land, Devin Kenney Jan 2015

A Goat Too Far?: State Authority To Translocate Species On And Off (And Around) Federal Land, Devin Kenney

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Front Matter Jan 2015

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 21, Issue 2, 2015.

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2014 Federal Legislative Review, Jessica Brockway Jan 2015

2014 Federal Legislative Review, Jessica Brockway

Animal Law Review

The 113th Congress escaped the designation of "least productive Congress in modern history" thanks to a particularly active lame duck session. During its session, the 113th Congress enacted 296 laws, 212 of which were "categorized ... as substantive " by the Pew Research Center, a nonpartisan "fact tank." This legislative activity, however, did not benefit animals. Of the pieces of proposed legislation discussed in this Review, none passed and, unless otherwise specified, all died in Committee.

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Documentary Review: Of Dogs And Men, Rebecca Jenkins Jan 2015

Documentary Review: Of Dogs And Men, Rebecca Jenkins

Animal Law Review

No abstract provided.

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A Stepping Stone Toward Companion Animal Protection Through Compensation, Zachary Paterick, Timothy Paterick, Sandy Sanbar Jan 2015

A Stepping Stone Toward Companion Animal Protection Through Compensation, Zachary Paterick, Timothy Paterick, Sandy Sanbar

Animal Law Review

Despite the fact that many Americans view their companion animals as part of the family, the law treats companion animals as personal property. The courts have viewed companion animals as property for over 200 years, however, this precedent no longer adequately accounts for the important role companion animals play in modern day lives, and no longer appropriately compensates for the true value the animal has to the owner. A modified investment approach, stemming from wrongful death precedent, provides both a qualitative and quantitative approach to adequately measure the compan-ionship value these animals have to humans. While courts have entertained various …

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(Elephant) Death And Taxes: Proposed Tax Treatment Of Illegal Ivory, Angela Ostrowski Jan 2015

(Elephant) Death And Taxes: Proposed Tax Treatment Of Illegal Ivory, Angela Ostrowski

Animal Law Review

African elephants are poached for their ivory at alarming rates. If the cur­rent level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime pre­vention perspective. The current penalties and fines for the illegal trade in ivory are not enough of a deterrent. One method of deterrence that has not yet been explored is the imposition of tax consequences on the illegal ivory trade. This Article proposes a number of ways to use the tax system to …

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Military Working Dogs: Classification And Treatment In The U.S. Armed Forces, Sarah D. Cruse Jan 2015

Military Working Dogs: Classification And Treatment In The U.S. Armed Forces, Sarah D. Cruse

Animal Law Review

This Article explores and evaluates the use of canines by the United States (U.S.) Armed Forces as military working dogs, and examines the reasons why the current administrative classification of these dogs is inappropriate. The author examines the historical use of, and increasing reliance on, mili­tary working dogs by the U.S. Armed Forces from World War II to present day. This historical exploration traces the development of the federal stat­utes and military regulations that govern the Military Working Dog Pro­gram. Federal law currently categorizes military working dogs as 'equipment,' which grossly underestimates their role within the U.S. mili­tary and deprives …

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2014 State Legislative Review, Aaron C. Johnson Jan 2015

2014 State Legislative Review, Aaron C. Johnson

Animal Law Review

Several state legislatures addressed animal welfare issues in 2014. A young fifth-grader, motivated by a documentary, inspired her community and state legislature to attempt to pass legislation protect­ing orcas. Two states decided to blaze a new trail when they deter­mined that the federal government was not going far enough to stop the ivory and rhino horn trade. The battle between freedom of speech and property rights reared its ugly head as several states took on the polemical issue of 'ag-gag.' Lastly, we witnessed breed-specific legisla­tion become illegal in three more states, with science trumping the availability heuristic.

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In Memoriam: Peter S. Nycum, David B. Rosengard Jan 2015

In Memoriam: Peter S. Nycum, David B. Rosengard

Animal Law Review

No abstract provided.

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Coming Home To Roost: How The Chicken Industry Hurts Chickens, Humans, And The Environment, Bruce Friedrich, Stefanie Wilson Jan 2015

Coming Home To Roost: How The Chicken Industry Hurts Chickens, Humans, And The Environment, Bruce Friedrich, Stefanie Wilson

Animal Law Review

The chicken industry is harming animals, befouling our environment, exploiting farmers and workers, and harming human health. In this Article, we discuss the harms and some of the solutions. In Part I, we discuss animal welfare, both on the farm and at slaughter. In Part II, we discuss the environment, both local and global. In Part III, we discuss human rights, with a focus on chicken growers, slaughterhouse workers, and the global poor. In Part IV, we discuss the effect of chicken consumption on human health. In each of our first four Sections, we offer a few examples of actions …

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Knot Your Average Bird: A Case Study Of The Rufa Red Knot In The Face Of Climate Change, Stephanie Schwarz Jan 2015

Knot Your Average Bird: A Case Study Of The Rufa Red Knot In The Face Of Climate Change, Stephanie Schwarz

Animal Law Review

Analyzing the staggering distances traveled by migratory shorebirds, and the challenges faced by these birds during their migration periods, this Article conflates and contrasts the myriad environmental impacts climate change is forcing the globe to contend with. The rufa red knot navigates a migratory path that annually takes it from Tierra del Fuego all the way to Arctic Canada. Because the red knot’s course of migration is so lengthy, and because the number of ecosystems it encounters along the way are so diverse, the red knot is emblematic of the challenges faced by both migratory shorebirds, and the coastal ecosystems …

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The Harm Principle At Play: How The Animal Welfare Act Fails To Protect Animals Adequately, Proshanti Banerjee Jan 2015

The Harm Principle At Play: How The Animal Welfare Act Fails To Protect Animals Adequately, Proshanti Banerjee

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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Precipice Regulations And Perverse Incentives: Comparing Historic Preservation Designation And Endangered Species Listing, J. Peter Byrne Jan 2015

Precipice Regulations And Perverse Incentives: Comparing Historic Preservation Designation And Endangered Species Listing, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The insight upon which this article is built is that the common structures of these two legal regimes create incentives toward destroying the resources they seek to protect. The shift from legal freedom to exploit resources to strict limitation on property modification and the lengthy and public process to designate or list specific resources for protection provide the motive and the opportunity to legally frustrate the application of the statutes. This article seeks to understand how these perverse incentives are created and how they can be lessened. The procedural and substantive provisions of both legal regimes have evolved to reduce …

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Decoding "Never Again", Sherry F. Colb Jan 2015

Decoding "Never Again", Sherry F. Colb

Cornell Law Faculty Publications

This article, Decoding “Never Again,” narrates its author’s experience as a child of two Holocaust survivors, one of whom participated in rescuing thousands of his fellow Jews during the war. Colb meditates on this legacy and concludes that her understanding of it has played an important role in inspiring her scholarship about (and ethical commitment to) animal rights. She examines and analyzes the ways in which analogies between the Holocaust and anything else can trigger people’s anger and offense, and she then draws a distinction between occasions when offense is an appropriate response to such analogies and when it need …

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Environment - Endangered Species - Extraterritorial Application Of The Endangered Species Act Of 1973. Defenders Of Wildlife V. Lujan, 911 F.2d 117 (8th Cir. 1990), Cert. Granted, Lujan V. Defenders Of Wildlife, 111 S. Ct. 2008 (1991)., Jeffery P. Robbins Nov 2014

Environment - Endangered Species - Extraterritorial Application Of The Endangered Species Act Of 1973. Defenders Of Wildlife V. Lujan, 911 F.2d 117 (8th Cir. 1990), Cert. Granted, Lujan V. Defenders Of Wildlife, 111 S. Ct. 2008 (1991)., Jeffery P. Robbins

Georgia Journal of International & Comparative Law

No abstract provided.

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Whale For Sale?: New Developments In The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Kevin Eldridge Oct 2014

Whale For Sale?: New Developments In The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Kevin Eldridge

Georgia Journal of International & Comparative Law

No abstract provided.

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Solution Or Stumbling Block?: Biological Engineering And The Modern Extinction Crisis, Caroline P. Rogers Oct 2014

Solution Or Stumbling Block?: Biological Engineering And The Modern Extinction Crisis, Caroline P. Rogers

Georgia Journal of International & Comparative Law

No abstract provided.

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Losing The Elephant Wars: Cites And The "Ivory Ban", Scott Hitch Oct 2014

Losing The Elephant Wars: Cites And The "Ivory Ban", Scott Hitch

Georgia Journal of International & Comparative Law

No abstract provided.

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Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright Sep 2014

Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright

Georgia Journal of International & Comparative Law

No abstract provided.

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Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer Sep 2014

Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer

Georgia Journal of International & Comparative Law

No abstract provided.

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Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann Aug 2014

Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann

Pace Environmental Law Review

This article first explains the background and functions of undercover investigations of agricultural production facilities, and explains the bases upon which states pass laws intended to prevent these investigations. It then gives a background of research already conducted on the constitutionality of Ag-Gag laws, and examines the relevance of the Supreme Court case Alvarez. Based on the analysis provided in Alvarez, the article demonstrates that Ag-Gag laws would not be exempt from heightened First Amendment scrutiny as fraud statutes. Moreover, it demonstrates that, in particular, the Iowa and Utah Ag-Gag laws would not survive the heightened scrutiny outlined in Alvarez.

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Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett Aug 2014

Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett

Pace Environmental Law Review

Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal …

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