Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Why Corporate Boards Should Include Lgbtq+ People,
2023
Seattle University School of Law
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Seattle University Law Review
Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …
Front Matter,
2023
Lewis & Clark Law School
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,
2023
Lewis & Clark Law School
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 …
International Whaling: Reframing The Iwc Moratorium For The Effective Conservation Of Whales,
2023
Lewis & Clark Law School
International Whaling: Reframing The Iwc Moratorium For The Effective Conservation Of Whales, Kacey Hovden
Animal Law Review
The ocean once teemed with whales at seemingly every tide and crest, but due to centuries of overexploitation, whales are now a rare and coveted sight in many parts of the world. Today, the challenge of preventing these magnificent giants from extinction remains prevalent, with slow recovery rates and continued whaling practices in direct conflict. This Article examines the history of global whaling practices and the International Whaling Commission’s 1986 moratorium and argues for the establishment of an effective regulatory scheme permitting commercial whaling only on abundant whale stocks. The scheme would encourage whaling nations to remain members of the …
Manure, Methane, And Money: The Anaerobic Digester Disaster In California,
2023
Lewis & Clark Law School
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 …
Better Science, Fewer Animals: Catalyzing Nih Grant Making To Improve Biomedical Research And Meet Societal Goals,
2023
Johns Hopkins Bloomberg School of Public Health
Better Science, Fewer Animals: Catalyzing Nih Grant Making To Improve Biomedical Research And Meet Societal Goals, Mikalah Singer, Paul Locke
Animal Law Review
Animal models are currently the “gold standard” in biomedical research. However, new approaches that do not involve the use of nonhuman animals are evolving to address the public health and medical challenges for which animal models are less well suited. These alternatives represent important advancements and are being recognized as significant advances. There is a clear societal need to encourage such efforts, and there is widespread support to move away from animal-based research by the American public. The National Institutes of Health (NIH) funds the majority of biomedical research in the United States and should be a key player in …
Privacy In The Wild: Why Animals' Informational Privacy Matters,
2023
Lewis & Clark Law School
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,
2023
Lewis & Clark Law School
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.
Bringing Dinosaurs Back: The Moral & Legal Complications,
2023
Lewis & Clark Law School
Bringing Dinosaurs Back: The Moral & Legal Complications, Kacey Hovden
Animal Law Review
From Hollywood blockbusters to your local natural history museums, dinosaurs have captured the attention and wonder of the public for decades. The possibility of bringing these long extinct creatures back, once a science-fiction fantasy, is now closer to reality than ever before through a process known as “de-extinction.” This Article dives into the exploitative nature inherent in the de-extinction of dinosaurs, studying the University of Montana’s Dr. Jack Horner’s “dinochicken project” and the moral considerations implicated when conducting mass genetic engineering on sentient beings. The Article then centers itself on the ecological and legal complications likely to arise if a …
Kangaroo: Fields Of Struggle,
2023
Lewis & Clark Law School
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 …
The Confines Of Federalism On Farmed Animal Welfare,
2023
Lewis & Clark Law School
The Confines Of Federalism On Farmed Animal Welfare, Miranda Groh
Animal Law Review
Although farmed animal advocates have achieved some protection for animals through state and local laws, Congress’s constitutional authority to preempt state law and regulate interstate commerce poses a significant threat to those achievements. Additionally, the practical constraints of the United States’ interconnected food system suggest that national, uniform standards are more desirable than a state-by-state, piecemeal approach to animal welfare. Despite the potential benefits of a state-by-state approach and some obstacles faced at the federal level, this Article argues that long-lasting legal protections for farmed animals should ultimately come from Congress, and that animal advocates should concentrate their efforts there. …
From The United States To Pakistan: Can Climate Change Pave Toe Way For An International Right To Animal Rescue In Disasters?,
2023
Lewis & Clark Law School
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.
Animal Welfare Consumer Protection Litigation: Challenges And Possibilities For Bringing About More "Humane" Labeling Practices,
2023
Lewis & Clark Law School
Animal Welfare Consumer Protection Litigation: Challenges And Possibilities For Bringing About More "Humane" Labeling Practices, Jaycie Thaemert
Animal Law Review
Consumer protection claims have become a critical tool for animal welfare advocates to attack the misrepresentations that animal agriculture producers make about the humane treatment of their animals. Currently, these claims are an important accountability mechanism, as “humane” labeling standards have not been adopted on the federal level. As consumers become increasingly focused on making ethical food-purchasing decisions, consumer protection claim lawsuits have become more and more successful, drawing the attention of attorneys within and outside of the animal welfare movement. The primary limitation of consumer protection claims in the animal welfare space is that these lawsuits do not actually …
Federal Funding Statutes And State-Federal Wildlife Authority: Did Congress Demonstrate A Preference For State Wildlife Management Authority With Pittman-Robertson And Dingell-Johnson?,
2023
University of Montana, Missoula
Federal Funding Statutes And State-Federal Wildlife Authority: Did Congress Demonstrate A Preference For State Wildlife Management Authority With Pittman-Robertson And Dingell-Johnson?, James Vaughan Branch
Graduate Student Theses, Dissertations, & Professional Papers
The Federal Aid in Wildlife Restoration Act of 1937 now known as Pittman-Robertson and Federal Aid in Sport Fish Restoration Act of 1950 now known as Dingell-Johnson are federal statutes which stand as the original and perhaps most significant federal funding statutes supporting state wildlife conservation and management. Congress’s decision to pass these statutes may be argued to be a prima facie endorsement of state wildlife agencies (SWA) as the primary managers of wildlife since each statute dedicated substantial federal excise revenue to SWAs. We hypothesized we would find consistent evidence in favor of primary state management authority over wildlife. …
Damages For Tortious Harm To Pets: Minnesota's Market Value Approach Severely Undercompensates Plaintiffs,
2023
Mitchell Hamline School of Law
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”,
2023
Vanderbilt University Law School
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 …
A Uniform Approach To Farm Animal Welfare Laws: Thought For Our Food Instead Of Food For Our Thought,
2022
University of Arkansas, Fayetteville
A Uniform Approach To Farm Animal Welfare Laws: Thought For Our Food Instead Of Food For Our Thought, Channing Burd
Journal of Food Law & Policy
We have all seen the commercials and know “Happy Cows Come from California,” but there is a larger issue hidden inside the phrase. Why should not all farm animals be happy, regardless of which state they were raised in? Why are only the cows in California happy, but not the chickens and the hogs as well? Farm animal welfare in the United States needs regulatory overhaul, and we needed it decades ago. This article will illustrate why regulatory overhaul is needed. First, we will examine how a new system of laws, which are part of a uniform code enacted by …
The Cost Of Compassion: Why State Ballot Initiatives Complicate Farm Animal Welfare And Overlook The True Problems In Modern Agriculture,
2022
University of Arkansas, Fayetteville
The Cost Of Compassion: Why State Ballot Initiatives Complicate Farm Animal Welfare And Overlook The True Problems In Modern Agriculture, Seth Victor
Journal of Food Law & Policy
Farm animal welfare is a concern for many Americans, both among those who value a higher standard of care for the animals’ own sake, and those concerned with food safety. Industrial agriculture has become the dominant form of animal production to satiate a daunting demand for meat, eggs, and dairy products. Industrial animal-raising facilities, also known as concentrated animal feeding operations (“CAFOs”), prioritize volume and efficiency and are a key factor in keeping consumer prices low. CAFOs are highly specialized and excel at production by minimizing inputs, maximizing confined animals, and externalizing environmental costs. This production method comes at the …
Following The Framework: Intentional Genomic Alterations In Animals,
2022
University of Arkansas, Fayetteville
Following The Framework: Intentional Genomic Alterations In Animals, Sarah Copper
Journal of Food Law & Policy
Intentional genomic alterations in animals or genetically engineered animals have existed in their modern form since the 1980s. However, the introduction of these animals into our food supply has been a more recent development. The federal government has taken steps in an attempt to regulate these products in a streamlined and efficient manner but has faced criticism in their approach. While the Food and Drug Administration (“FDA”) is currently responsible for the regulation of intentional genomic alterations (“IGAs”) in animals, there is significant effort behind transferring that oversight to the United States Department of Agriculture (“USDA”). However, in the meantime, …
