Animal Law Commons^™

Policy Concern For Disabled Individuals With Service Dogs, Beth Carmain

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Horsing Around With Protecting The Horse Industry: Should California Adopt An Equine Activity Liability Act?, Kara Legg

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Looking A Gift Horse In The Mouth: Working Students Under The Fair Labor Standards Act, Lara Morris

Washington and Lee Law Review

Internships have skyrocketed in popularity as they become the new entry-level position for professional careers across the country. Despite their popularity, the legality of internships falls in a gray area created by a vague statute and a flexible, factor-based judicial test. The Fair Labor Standards Act (FLSA), which regulates employment relationships and importantly mandates a minimum wage and hour requirements, was written long before internships became commonplace and provides little direction for how to regulate these positions. In this void, both the Department of Labor and federal courts have developed guidance, the ultimate culmination of which is the modern primary …

Eliminating Cash Bail In Washington State—Amending Criminal Rule 3.2, Simran Kaur

Seattle University Law Review

This Note discusses the following three parts. Part I provides an overview of the cash bail system, its history, and its contemporary use in Washington state. Part II presents the effects of bail on pretrial release, analyzing low-income and racial inequalities and the adverse impacts it can have on the accused. Part III focuses on solutions and alternatives to the cash bail system, using other states as case studies.

Promoting Corporate Diversity: The Uncertain Role Of Institutional Investors, Jill Fisch

Seattle University Law Review

Two developments are having an impact on corporate decisions. One is the increased engagement by institutional intermediaries and a shift in the focus of that engagement from corporate governance to environmental and social issues. The other is a heightened societal awareness of diversity, equity, and inclusion (DEI) issues, particularly the importance of diversity in corporate leadership. This Article considers the intersection between the two. It describes how institutional investors have focused their attention on increasing diversity in corporate leadership, the potential motivations for that focus, and the impact of that focus, to date. It highlights the tensions that result from …

America’S Hidden Citizens: The Untold Stories Of The Unconscionable Deportations Of Its International Adoptees, Halley Cody

Seattle University Law Review

This Note addresses how the U.S. should rectify the harms it has perpetrated on non-citizen adoptees by amending the current deportation statutes to prevent their deportation. Part I addresses the history of adoption in the U.S. and related effects on immigration law. Part II highlights the stories of Adam Crapser and Philip Clay, who were adopted by American families who failed to naturalize them as minors, and who were subsequently deported after they sustained criminal records. Part III examines the policy goals behind deportation as a consequence of criminal convictions, as well as remedies instituted to prevent unwarranted deportation and …

Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson

Seattle University Law Review

Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.

Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni

Seattle University Law Review

There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.

This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits …

“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki

Seattle University Law Review

On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …

Damages For Tortious Harm To Pets: Minnesota's Market Value Approach Severely Undercompensates Plaintiffs, Morgan Phelps

Mitchell Hamline Law Review

No abstract provided.

The Rise And Fall Of The Horseracing Integrity And Safety Act: How Congress Could Save The “Sport Of Kings”, Lucy Mcafee

Vanderbilt Journal of Entertainment & Technology Law

The Horseracing Integrity and Safety Act (HISA) has undergone several unsuccessful changes over the past decade in an effort to change how horseracing is regulated. After Congress successfully passed HISA in 2020, several lawsuits were filed to stop HISA from going into effect. Congress quickly passed an amendment to HISA—which the US Court of Appeals for the Sixth Circuit upheld—seemingly stopping such litigation, but it is clear from opponents’ statements that this is just the beginning. This Note will examine the constitutional arguments’ strengths and weaknesses through precedent to determine whether the long-awaited act, as amended, can stand the test …

An Empirical Study Of The Nation's First Court Animal Advocate Law, Jessica Rubin, Tara Cooley

Faculty Articles and Papers

No abstract provided.

Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers

Seattle University Law Review

The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 29, Issue 1, 2023.

A Critical Moral Dilemma Within Animal Law Impact Litigation, Kyla Dayton-Woods

Animal Law Review

Animals, as legal clients, deserve the same rights as people when being represented by attorneys. There is no Model Rule of Professional Conduct to guide attorneys on how to ethically represent their animal clients. This gap in the law demonstrates an uncertainty in how lawyers are meant to fulfill their moral and legal obligations for their animal clients. Using the Nonhuman Rights Project’s representation of two elephant clients, Beulah and Karen, as a test, this Article proposes a Model Rule to fill the moral gap. If this proposed rule was incorporated into the Model Rules, Beulah and Karen’s attorneys may …

Manure, Methane, And Money: The Anaerobic Digester Disaster In California, Pegga Mosavi

Animal Law Review

The small, idyllic family farms that come to mind at the first mention of farming are all but gone, replaced by enormous factories that churn out animals at record speed, with little regard for their health and welfare. These factory farms produce a host of issues, including pervasive water and air pollution, particularly in vulnerable agricultural communities like those of the San Joaquin Valley in California. While the detriments of the factory farm model are numerous, contribution to climate change in particular has garnered significant attention. Animal agriculture in the U.S. produces 36% of the country’s methane, a greenhouse gas …

Privacy In The Wild: Why Animals' Informational Privacy Matters, Christopher Wlach

Animal Law Review

As data privacy and security come increasingly into focus among lawmakers, regulators, companies, and consumers, concerns about animals’ privacy have gone largely unmentioned. This Article examines how both wild and domestic animals have informational privacy interests—that is, interests in protecting information about themselves. The Article discusses three examples of how informational privacy for animals is not merely a theoretical concept but directly relates to animals’ broader welfare interests. Finally, this Article discusses why privacy provides a helpful theoretical framework and vocabulary for addressing these animals’ interests.

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 29, Issue 2, 2023.

Kangaroo: Fields Of Struggle, Tamasin Ramsay

Animal Law Review

The Kangaroo, a symbol of the Australian landscape, is under attack by the Victoria government. Viewed as overabundant vermin, colonial law often authorizes killing many Kangaroos, a position that is directly at odds with the ancient law and custom of First Nations People. While Victoria law purports to protect the Kangaroo, in reality the current structure does more harm to the animal than good. This Article reviews the fields of struggle represented by the living tension of colonial law and chthonic law in Victoria and suggests genuine collaboration with First Nations and First Peoples to navigate this fraught terrain. Victoria …

From The United States To Pakistan: Can Climate Change Pave Toe Way For An International Right To Animal Rescue In Disasters?, Altamush Saeed

Animal Law Review

Over 69% of the world’s wildlife has been lost between 1970 and 2018. Catastrophic events like the Australian bushfires, the Amazon rainforest fires, and the ongoing floods in the United States have led to the deaths of several billion animals. Ongoing apocalyptic floods have put one-third of Pakistan underwater and led to the deaths of over a million livestock animals. Climate change, human rights, and animal rights have become so intertwined that all life—including human, nonhuman, and plant life—is on the brink of extinction.