Animal Law Commons^™

International Animal Law, Marcy Stras, Wes Lang, Mayra Cavazos Calvillo

The Year in Review

No abstract provided.

Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara

University of Miami Race & Social Justice Law Review

The carceral state has used non–human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non–consenting non–human animals have been coopted into the role of agents of oppression. Yet, the same non– human animals are themselves routinely brutalized and oppressed by the carceral state. Police kill several thousands of family’s companion dogs every year in the United States. Law ...

Can You Dig It? Yes, You Can! But At What Cost?: A Proposal For The Protection Of Domestic Fossils On Private Land, Bridget Roddy

Texas A&M Journal of Property Law

Paleontological resources require similar protections to archaeological resources because the threat of looting, improper excavation, and market demand are analogous. Paleontological resources are responsible for informing much of scientists’ understanding of evolution and the history of the planet, just as cultural property helps to inform the evolution of humanity and culture. Once either object is removed from its original context, there is an immediate and invaluable loss of information that could have illuminated important information about the past. When either is removed from the environment in which they were created, a nonrenewable link to the past is lost.

Existing laws ...

It Takes A Village To Provide Quality Food For Our Pets, Diantha V. Ellis

Mercer Law Review

How much does your pet mean to you? In many American households, pets have risen from the status of possessions to the role of family members. For many people, pets have even taken the place of children or are treated as one of the children. For those of us who have pets who we love as family, it is deeply concerning when reports are issued about the dangerous chemicals or toxic levels of vitamins in their food. Reading the recall reports on a food that our dog or cat has trustingly eaten every time we place it in front of ...

International Animal Law, Emily Bergeron, Daina Bray, Mayra Cavazos Calvillo, Judith Chiarito Evans, Jeffrey Flocken, Tim Franklin, Nathan Herschler, Linda M. Lowson, Laura Schierhoff, Marcy Stras

The Year in Review

No abstract provided.

Pulling The Trigger On Hunting Regulations For Lead Ammunition, Lydia Shields

Villanova Environmental Law Journal

No abstract provided.

The United States Of California: Ninth Circuit Tips The Dormant Commerce Clause Scales In Favor Of The Golden State's Animal Welfare Legislation, Tanner Hendershot

Pepperdine Law Review

In November 2018, California voters overwhelmingly passed Proposition 12, the Prevention of Cruelty to Farm Animals Act. This law requires in-state and out-of-state farmers to provide additional living space for egg-laying hens, breeding pigs, and calves raised for veal by 2022 if the farmers wish to continue doing business within the state. In response, North American Meat Institute (NAMI), whose members account for approximately 95% of the country’s output of various meat products, filed a lawsuit in federal district court seeking a preliminary injunction against Proposition 12’s enforcement. NAMI contended Proposition 12 violated the Dormant Commerce Clause, a ...

Roadside Zoo: A Term In Search Of Legal Definition?, Virginia C. Thomas

Library Scholarly Publications

This article uses the example of “roadside zoo” to highlight the importance of clear definition for terms used in a legal context.

Under-Enforcement Of Federal Animal Protection Laws: Agencies Abdicating Enforcement Authority, And An Outlier Eleventh Circuit ‘Serious Harm’ Rule, Rebekah Green

Catholic University Law Review

Congress enacted the Endangered Species Act, Animal Welfare Act, and the Marine Mammal Protection Act to protect and preserve endangered and threatened fish and wildlife, animals, and marine mammals. The United States Department of Agriculture (“USDA”) is the primary administrative agency in charge of regulating zoos, wildlife centers, and aquariums, yet fails to consistently enforce the Animal Welfare Act, which this Comment reviews. This means that private animal advocacy agencies are left suing zoos, wildlife centers, and aquariums under the “taking” clause of the Endangered Species Act in order to ensure animal safety and care. While most circuits agree upon ...

Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii

Public Land & Resources Law Review

On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.

Letting The Cat Out Of The Bag: How Lack Of Access To Animal Companionship And Husbandry Fosters Inequality For Black Americans, Kelsey Goldman

UC Irvine Law Review

Throughout American history, animals have been used by those in power to harm and terrorize Black Americans. While state-sanctioned use of slave-patrol and police dogs have been a commonly discussed issue, there has been little to no analysis on the harms Black Americans have faced from the systemic deprivation of animal companionship and husbandry. Racism and capitalism in America have resulted in a confusing labyrinth of private actors, animal organizations, corporate industries, courts, and legislators who have worked collectively to cut off opportunities for Black Americans to benefit from animal companionship and husbandry.

In Part I, this Note ...

State Ballot Initiatives And Federal Preemption: How Colorado Voters Have Changed Cooperative Federalism In Wildlife Management, Lucas O'Brien

Natural Resources Journal

In United States wildlife management, there is a notion that the federal government manages land while states manage wildlife. While it is true that states have historically held authority over wildlife, federal agencies often also have the authority, and often an obligation, to manage and conserve wildlife. This overlapping jurisdiction has led to the frequent preemption of state wildlife laws and management tactics by federal statutes or objectives, eroding state authority in this area over the past century. In the 2020 election, Colorado voters passed Proposition 114, a state ballot initiative that requires Colorado Parks and Wildlife to reintroduce wolves ...

The Heart Of Animal Research And Testing Law: A Study Of The Animal Welfare Act, The Health Research Extension Act, And Proposed Solutions Supporting The Three Rs, 55 Uic L. Rev. 1 (2022), Lenore Montanaro

UIC Law Review

No abstract provided.

Refortifying The Endangered Species Act: Its Degradation And How To Strengthen The Nation’S Most Comprehensive Law For Protecting Endangered Species, 55 Uic L. Rev. 317 (2022), Haley Molinaro

UIC Law Review

No abstract provided.

Animal Rights Activism And The Constitution: Are Ag-Gag Laws Justifiable Limits?, Jodi Lazare

Articles, Book Chapters, & Popular Press

Forthcoming in the Osgoode Hall Law Journal (2022).

It is a troubling time to be an animal rights activist in Canada. Recently, Alberta adopted legislation to create harsh penalties for trespassing onto private property, for obtaining permission to enter private property based on false pretences, and for interfering with vehicles on public highways. These laws relate to agricultural lands, to private property generally, and, where roads are concerned, to public property. Ontario, for its part, has adopted similar legislation aimed specifically at agricultural property. The legislation in both provinces purports to protect the security of farmers, their families, and rural ...

The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon

Pace International Law Review

The illegal wildlife trade has been a dilemma for decades

and remains prevalent globally – international intervention is

required now. While most countries participate in the Convention

on International Trade in Endangered Species of Wild

Fauna and Flora (“CITES”), not all countries have the same approaches

to combating the illegal wildlife trade. Unique approaches

can be beneficial because each illegally traded species

requires a different response, and countries with limited resources

can also participate. However, the lack of a unified response

hinders the global fight against the illegal wildlife trade.

While traditional methods to combat crime, such as passing

laws, are ...

The Shortcomings Of Corporate Accountability In Post-Conflict Colombia: Land, Rivers And Animals, Isabella Ariza Buitrago, Luisa Gomez Betancur

Conference: The Social Practice of Human Rights

Although the notion of sustainable peace requires acknowledging the role played by all actors, transitional processes around the world have inadequately addressed or completely ignored the direct and indirect participation of economic actors. In particular, Colombia's transitional justice regime left out corporations entirely. A skillshare between Colombian lawyers and US-based human rights attorneys showed some of the gaps that let corporations continue in impunity for profiting, benefiting from, or directly financing the conflict. Other than harming and deeply fracturing communities, the shortcomings of corporate accountability in post-conflict Colombia also leave land, rivers, and animals without redress. This paper explores ...

Taxpayer-Funded Covid Shots For Minks Just The Latest Nova Scotia Industry Outage, Jodi Lazare

Articles, Book Chapters, & Popular Press

Nova Scotia's Department of Agriculture has quietly announced its plan to prop up the mink farm industry, by paying for COVID-19 vaccines for minks. Throughout the pandemic, we’ve learned that minks can catch COVID, spread it between themselves, and transmit it to the humans who work on these farms. As part of Nova Scotia’s vaccination program, 54,000 doses will be administered to the animals whose pelts will eventually be sold overseas.

Bahr V. Regan, Aspen B. Ward

Public Land & Resources Law Review

In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review ...

Ag-Gag Illustrated, Jodi Lazare, Petroglyph Comics

Articles, Book Chapters, & Popular Press

In February 2021, Professor Jodi Lazare was contacted by Petroglyph Comics, a social justice comic studio, that wanted to turn her research on Canadian ag-gag legislation into a comic, accessible to all. The resulting comic is based on two articles by Prof. Lazare, the first published in the Alberta Law Journal and the second currently under review at a second Canadian law journal. Both articles combine her interests in animal law and constitutional law to suggest that recently adopted legislation limiting access to and information about industrially farmed animals in Canada constitutes an unjustified limit to the constitutional right to ...