The Regulatory Vacuum: How Marijuana's Schedule I Status Imperils Endangered Species In The Emerald Triangle,
2020
Lewis & Clark Law School
The Regulatory Vacuum: How Marijuana's Schedule I Status Imperils Endangered Species In The Emerald Triangle, Jeffrey Bausch Jr.
Animal Law Review
The U.S. Fish and Wildlife Service (the Service) is unable to adequately address Endangered Species Act (ESA) petitions because marijuana’s Schedule I status creates a regulatory vacuum. Marijuana growers use pesticides, many of which are lethal at certain concentrations. Typically, these pesticides are highly regulated by the Environmental Protection Agency (EPA). Farmers may only use pesticides specifically prescribed for use on the plant or crop. EPA has been unable to research or register pesticides for use on marijuana plants, and as a result, growers use pesticides at abnormally high concentrations. Wildlife in northern California and Oregon are directly harmed as …
The Archaic Attempts To Protect Nonhuman Suffering: Suggestions For The Advancement Of Legislative Regulation Of Online Depictions Of Animal Cruelty,
2020
Lewis & Clark Law School
The Archaic Attempts To Protect Nonhuman Suffering: Suggestions For The Advancement Of Legislative Regulation Of Online Depictions Of Animal Cruelty, Alana Van Gundy
Animal Law Review
The Internet is often used to disseminate acts of cruelty to nonhuman animals through social media postings, live feeds, remote-controlled Internet hunting, and industry videos, such as dogfighting and crush videos. Some state and federal laws regulate the depiction of animal cruelty online, either directly or indirectly. However, current statutory regulations do not fully address or completely prohibit the viewing, promoting, and depicting of animal cruelty online. Preventing Internet animal cruelty requires new or revised legislation encompassing the marketing, promoting, and depicting of online animal suffering. While more specific laws are necessary, legislators must consider numerous issues and potential ramifications …
Reputation, Regulatory Capture, And Reform: The Case Of New Zealand's Bobby Calves,
2020
Lewis & Clark Law School
Reputation, Regulatory Capture, And Reform: The Case Of New Zealand's Bobby Calves, Danielle Duffield
Animal Law Review
In 2015, two animal rights organizations in New Zealand released undercover footage exposing widespread cruelty to some of the country’s most vulnerable, and invisible, farm animals: young male calves born into the dairy industry. The footage shocked the New Zealand public. In order to put pressure on the government to adopt meaningful reforms for the protection of these animals, an animal rights organization, Save Animals From Exploitation, placed advertisements in The Guardian highlighting the cruelty in the New Zealand dairy industry. The resulting publicity led to an unprecedented response from the regulating agency, the Ministry for Primary Industries, which swiftly …
Joining The Herd: A Case For Closing New Zealand's Domestic Ivory Market,
2020
Lewis & Clark Law School
Joining The Herd: A Case For Closing New Zealand's Domestic Ivory Market, Bianka Atlas
Animal Law Review
This Article examines the evidence supporting the implementation of a domestic ivory trade ban in New Zealand, with the aim of informing policymakers and compelling the New Zealand government to act to establish a legal and policy framework. There is widespread support for the closure of domestic ivory markets worldwide, and this Article seeks to persuade New Zealand to join this groundswell.
Feeding Fido: The Case For Restitution In Ohio Animal Cruelty Convictions,
2020
Cleveland-Marshall College of Law
Feeding Fido: The Case For Restitution In Ohio Animal Cruelty Convictions, Mary Walsh
Animal Law Review
This Note reviews Ohio animal cruelty convictions and makes an argument that restitution should be paid in those cases to the caretakers of the seized animals. First, this Note walks through the changing status of animals under the law from strictly property to the first anti-cruelty statutes imposed in Ohio. There is further discussion of what restitution means in cases like anti-cruelty and why it matters. The discussion then turns to why the current allowed financial sanctions are not enough to pay the fees required in housing and taking care of seized animals. Several cases in Ohio where restitution was …
People Who Hurt Animals Don't Stop With Animals: The Use Of Cross-Checking Domestic Violence And Animal Abuse Registries In New Jersey To Protect The Vulnerable,
2020
Seton Hall University School of Law
People Who Hurt Animals Don't Stop With Animals: The Use Of Cross-Checking Domestic Violence And Animal Abuse Registries In New Jersey To Protect The Vulnerable, Emerald Sheay
Animal Law Review
This Note explores the link between domestic violence and animal abuse and argues that due to such a link, New Jersey should enact a publicly searchable, cross-checking animal abuse registry and a domestic violence registry. Numerous studies confirm the connection between domestic violence and animal abuse. By examining the scope and history of these abuses, and exploring the status of registries in various states, this Note aims to explain the problems these issues pose to our society. Enacting these registries in New Jersey could keep law enforcement aware of illegal activity, reveal child abuse, and prevent the online selling of …
2019 Federal Legislative Review,
2020
Lewis & Clark Law School
2019 Federal Legislative Review, Patricia Estrella
Animal Law Review
The 116th Congress was historic for many reasons, and one of those reasons was major legislative progress for animals. In 2019, the Preventing Animal Cruelty and Torture Act passed,criminalizing the underlying cruelty acts in animal crushing videos. Furthermore, Congress ended the sale of healthy wild horses and burros for slaughter and committed to giving financial rewards for tips on international wildlife trafficking. Additionally, many more bills were introduced in the House of Representatives and the Senate, such as the Courthouse Dog Act and the Refuge From Cruel Trapping Act. While it is still unclear whether all the bills introduced to …
2019 State Legislative Review,
2020
Lewis & Clark Law School
2019 State Legislative Review, Diego Alfonso Gutierrez, Benjamin Lee Cregger
Animal Law Review
This Review examines the significant changes and additions to different states’ laws throughout 2019. Among those significantly affected by these changes are farm animals, wildlife, and companion animals. ‘Ag-Gag’ and ‘Right to Farm’ bills began to flourish, but opponents have seen success in challenging their constitutionality. Wild animals found protection in fur and trapping bans, in addition to bans on killing contests. Companion animals continue to gain legal and physical protection through strengthened cruelty laws. These are a few of the many bills, regulations, and laws that impacted animals in 2019. Although some protections and regulations have seen cuts and …
2019 Foreign And International Legislative Review,
2020
Lewis & Clark Law School
2019 Foreign And International Legislative Review, Daryane Couto
Animal Law Review
This Review offers a review of foreign and international animal protection legislation enacted or proposed in the year 2019. Included are propositions by categorically international actors, such as CITES and the UN, for regulating international wildlife trade and drafting a high-seas conservation treaty. Additionally, this Review reports how some countries, such as Slovakia, Colombia, and the United Kingdom, are finally putting an end to cruel, archaic animal practices. Finally, the recognition of animal sentience in the Australian Capital Territory, and legislation that closes the gap in Canada’s Criminal Code, are addressed. Together, these changes in foreign and international animal law …
Pets As Property: Signs Of Change In The Law Of Judgment Collections,
2020
Loyola Law School, Los Angeles
Pets As Property: Signs Of Change In The Law Of Judgment Collections, Sande L. Buhai
Animal Law Review
Americans are deeply connected to their companion animals, regardless of what protections the law affords animals. Because the law follows culture, recent legislative and judicial developments have begun to reflect the bonds formed between human and nonhuman animals. This Article first highlights how courts and society viewed animals in the twentieth century to the present day, focusing on how courts have struck a balance between protecting animals yet still classifying them as property. While the law still views companion animals as property, this Article highlights the interstitial “property-but-not-property” framework courts use to consider the interests of animals in debt collection …
Fighting Back From The Brink: International Efforts To Prevent Illegal Trafficking In Endangered Species,
2020
FAMU College of Law
Fighting Back From The Brink: International Efforts To Prevent Illegal Trafficking In Endangered Species, Kara Consalo
Journal Publications
This article advances the argument for sustainable harvesting as a broad supplement, even replacement, to the prevailing no-trade policies currently used in many countries and international organizations. It is the author’s premise that the no-trade conservation paradigm is failing to adequately prevent illegal trafficking and endangered wildlife populations are suffering catastrophic losses as a result. This article will explain the current state of prevailing no-trade regulations and efforts to stem the onslaught of illegal wildlife trafficking. The article will then explore two examples of successful sustainable farming and harvesting programs, the American alligator and the Peruvian vicuñas. After a comparison …
Michael Vick, Robert Byrd, And The Case For Redemption,
2019
University of New Mexico - School of Law
Michael Vick, Robert Byrd, And The Case For Redemption, Vinay Harpalani
Faculty Scholarship
At the 2020 Pro Bowl, former NFL quarterback Michael Vick will be honored as one of the legends captains. Vick’s selection has sparked controversy, because in 2007, he was convicted of operating a dog fighting ring. Vick has served his prison sentence, and beyond that, he has sought redemption. We should extend forgiveness and let the NFL honor Michael Vick.
Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims,
2019
Alexander Blewett III School of Law at the University of Montana
Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral arguments in this matter on Tuesday, December 3, 2019, at 11:00 a.m. in the Supreme Court Building in Washington, D.C. Lisa S. Blatt will likely appear for the Petitioner. Joseph R. Palmore will likely appear for the Respondents. Solicitor General Noel J. Francisco will likely argue on behalf of the United States.
Animal Rights: Time To Start Unpacking What Rights And For Whom,
2019
Mitchell Hamline School of Law
Animal Rights: Time To Start Unpacking What Rights And For Whom, Jane Kotzmann, Nick Pendergrast
Mitchell Hamline Law Review
No abstract provided.
Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation,
2019
Pepperdine University
Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
The American cosmetics industry is not required by the Food and Drug Administration (FDA) to conduct pre-market safety assessments of cosmetics. The FDA only reviews personal care products when people voluntarily report problems. Further, companies continue to test animals for cosmetics, despite the FDA’s recommendation that manufacturers seek more humane and accurate testing. Although the FDA does not require animal testing for product safety or premarket approval, the United States is one of the largest users of laboratory animals for product testing. There are two pending pieces of legislation, which if passed would be the first acts of cosmetic regulation …
Wildearth Guardians V. Zinke,
2019
Alexander Blewett III School of Law at the University of Montana
Wildearth Guardians V. Zinke, Emily M. Mcculloch
Public Land & Resources Law Review
WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.
From Animal Control To Zoning: 2019 Local Government Law Update,
2019
University of Richmond
From Animal Control To Zoning: 2019 Local Government Law Update, Tyler C. Southall
University of Richmond Law Review
The goal of this Article is to review significant recent developments in Virginia local government law. First, this Article discusses a number of Supreme Court of Virginia and Fourth Circuit Court of Appeals cases published between July 1, 2018 and July 1, 2019. These cases involve questions of the First Amendment and social media, the First Amendment and employment law, attorney client privilege and Freedom of Information Act requests, vested rights issues in zoning ordinances, the powers of the Virginia State Corporation Commission, and public finance. Second, this Article addresses new laws from the 2019 General Assembly. It is impossible …
The Decline Of Denali’S Wolves: Federal Options In The Face Of Non-Cooperative Wildlife Federalism,
2019
Brigham Young University Law School
The Decline Of Denali’S Wolves: Federal Options In The Face Of Non-Cooperative Wildlife Federalism, Catherine Danley
Brigham Young University Journal of Public Law
No abstract provided.
Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils,
2019
Alexander Blewett III School of Law at the University of Montana
Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson
Public Land & Resources Law Review
The Montana Supreme Court will hear oral arguments in this matter on Thursday, November 7, 2019 at 9:30 AM in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Building, Helena, Montana. The Honorable Olivia Rieger will hear the case in place of Justice Jim Rice, who recused himself. Eric B. Wolff is expected to argue for the Appellants. Harlan B. Krogh is expected to argue for the Appellees.
Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process,
2019
University of Idaho, College of Law
Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble
Dale Goble
United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59% of …
