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The Animal Welfare Act At Fifty Conference At Harvard Law School Introduction, Delcianna Winders 2019 Vermont Law School

The Animal Welfare Act At Fifty Conference At Harvard Law School Introduction, Delcianna Winders

Animal Law Review

Delcianna Winders introduces the Animal Welfare Act at Fifty Conference.


Animal Welfare Act: Welfare Standards, Cathy Liss, Kimberly Ockene, Naomi Rose, Georgia Hancock Snusz, Anna Frostic 2019 Georgetown Law

Animal Welfare Act: Welfare Standards, Cathy Liss, Kimberly Ockene, Naomi Rose, Georgia Hancock Snusz, Anna Frostic

Animal Law Review

Cathy Liss discusses the changes to the standards after the 1985 Improved Standards for Laboratory Animals amendment to the AWA and the emphasis of performance standards that were implemented. Kimberly Ockene discusses the AWA regulations for commercial dog breeders and a petition for rulemaking that seeks to enhance these regulations. Naomi A. Rose and Georgia Hancock Snusz discuss captive marine mammals and their coverage under the AWA. Lastly, Anna Frostic speaks about public handling of exotic animals held at licensed exhibitors, which are regulated under the Act.


Animal Welfare Act: Interaction With Other Laws, Ani B. Satz, Delcianna Winders 2019 Emory University School of Law and Rollins School of Public Health

Animal Welfare Act: Interaction With Other Laws, Ani B. Satz, Delcianna Winders

Animal Law Review

Ani B. Satz discusses the interaction of the Animal Welfare Act (AWA) with state laws, specifically focusing on perceived preemptive effects of the AWA on state anti-cruelty laws. Delcianna Winders discusses how these perceived preemptive effects play out on a federal level, focusing on how the AWA interacts with the Endangered Species Act (ESA). She expands upon how both laws apply to captive animals, who have been identified as threatened or endangered under the ESA.


Animal Welfare Act: Excluded Animals, Michael McFadden, Sue Leary, Kathy Hessler 2019 Lewis & Clark Law School

Animal Welfare Act: Excluded Animals, Michael Mcfadden, Sue Leary, Kathy Hessler

Animal Law Review

Michael McFadden discusses the Animal Welfare Act’s exclusion of farmed animals and possible reasons for their exclusion. He then briefly discusses welfare problems faced by farmed animals. He ends by describing the various ways in which consumers are showing increasing concern for farmed animals and how consumers, especially millennial consumers, are poised to force the agricultural industry to improve conditions for farmed animals. Sue Leary recounts the history of efforts to include rats, mice, and birds, in the AWA. Next, she explains the historical and contemporary issues with including common laboratory research animals under animal protection laws. She ends her …


Front Matter, 2019 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 25, Issue 3, 2019.


Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch 2019 Lewis & Clark Law School

Animal Law: The Next Generation, Joyce Tischler, Pamela Frasch

Animal Law Review

The animal law movement and animal law education in law schools has been growing over the years. In this Article, prominent figures in the animal law world discuss this growth as well as changes that are expected within the next generation of animal law practice. The authors suggest important goals necessary to strengthen the movement in order to allow law students to access the resources needed to be powerful animal advocates for years to come.


The Struggle For The Legal Rights Of Nonhuman Animals Begins: The Experience Of The Nonhuman Rights Project In New York And Connecticut, Steven M. Wise 2019 Lewis & Clark Law School

The Struggle For The Legal Rights Of Nonhuman Animals Begins: The Experience Of The Nonhuman Rights Project In New York And Connecticut, Steven M. Wise

Animal Law Review

Twenty-five years ago, in the first issue of Animal Law, the author offered an account of why legal rights do not need to be restricted to human beings. Here the author expands upon that account to provide a review of the ongoing struggle of the Nonhuman Rights Project (NhRP) to obtain legal rights for nonhuman animals. The author outlines habeas corpus cases the NhRP has brought on behalf of chimpanzees and elephants in New York and Connecticut and provides a view of the New York and Connecticut Pet Trust Statutes, which grant domestic or pet animals the right to be …


A Quarter Of A Century Of Animal Law: Our Roots, Our Growth, And Our Stretch Toward The Sun, Nancy Perry 2019 The George Washington University Law School

A Quarter Of A Century Of Animal Law: Our Roots, Our Growth, And Our Stretch Toward The Sun, Nancy Perry

Animal Law Review

This Article explores the author’s experience as one of the early student pioneers of the animal law program at Lewis & Clark Law. The author discusses her work on the Oregon Cougar and Bear Initiative as a introduction to the power of the ballot initiatve process. The Article then recounts the progress that has been made by animal advocates via federal and state legislation and ballot measures, as well as the setbacks driven by industry interest. It concludes with a discussion of the need for a good defense as industry interests attempt to roll back the progress made by animal …


Ruminations On Twenty-Five Years Of Animal Law, Joan E. Schaffner 2019 The George Washington University Law School

Ruminations On Twenty-Five Years Of Animal Law, Joan E. Schaffner

Animal Law Review

In this Article, the author tracks the ‘progress’ of the animal law movement over the past twenty-five years, focusing on the perennial ambiguity in the property status of animals and the kinds of harm to animals the law is, and is not, willing to condone, and the power of the media to shed light on these harms. The author also explains how her own work, concentrating on the question of the ‘value’ of animals, has contributed to the field of animal law. In particular, she highlights her work on the problem of legal valuation of companion animals for damages claims, …


Protecting Our Pets: Courtroom Advocate Or Special Prosecutor?, Tamara Winkler 2019 St. Thomas University College of Law

Protecting Our Pets: Courtroom Advocate Or Special Prosecutor?, Tamara Winkler

St. Thomas Law Review

This Comment seeks to evaluate the current legal landscape surrounding animal cruelty laws, with a specific focus on Desmond's Law and O.R.C. § 2931.18. Connecticut's new law has placed a spotlight on an area of the law which has not been given the priority it so desperately needs. Animal cruelty is a type of interpersonal violence that does not occur in isolation, and placing more importance on animal cruelty laws can help prevent violence against humans. First, this Comment will provide a history of animal rights laws around the globe, followed by a detailed discussion of why animal abuse issues …


A Message From The Next Generation Of Animal Law, Adrienne Craig, Frances Chrzan 2019 Lewis & Clark Law School

A Message From The Next Generation Of Animal Law, Adrienne Craig, Frances Chrzan

Animal Law Review

Introduction to Animal Law Review Volume 25, Issue 3, 2019.


The Beginning Of The End For Belugas In Captivity In The United States, Megan E. Boyd 2019 Georgia State University College of Law

The Beginning Of The End For Belugas In Captivity In The United States, Megan E. Boyd

Animal Law Review

Beluga whales have been displayed in aquariums and zoos for decades, but the end of captive beluga displays in the United States is near, thanks to Georgia Aquarium v. Pritzker. In 2012, the Georgia Aquarium, on behalf of members of the beluga cooperative breeding program, applied to the National Marine Fisheries Service (NMFS) for a special permit allowing the breeding cooperative to import eighteen beluga whales from Russia. After NMFS denied the permit, the Aquarium brought suit, arguing that NMFS’s denial was arbitrary and capricious and that without an influx of belugas, the United States captive beluga whale breeding program …


Animal Welfare Act: Related Litigation And Other Efforts, Joyce Tischler, Valerie Stanley, Jenni James, Kathy Meyer 2019 Lewis & Clark Law School

Animal Welfare Act: Related Litigation And Other Efforts, Joyce Tischler, Valerie Stanley, Jenni James, Kathy Meyer

Animal Law Review

Joyce Tischler discusses the background of the Animal Welfare Act from the 1971 definitional change of the term “animal” to the 1985 Amendment for improved standards. Her organization, Animal Legal Defense Fund, was the first to litigate the AWA’s terms and the U.S. Department of Agriculture’s regulations. Valerie Stanley expands upon the 1985 Amendment’s requirements regarding primates and the regulatory struggles Animal Legal Defense Fund faced therein. Jenni James discusses Article III standing and the difficulties in getting into court due to a general reluctance to recognize plaintiffs as satisfying standing under the AWA. She also discusses the courts preference …


Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills 2019 Alexander Blewett III School of Law at the University of Montana

Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills

Public Land & Resources Law Review

No abstract provided.


Crowley Acknowledgement, 2019 University of Montana

Crowley Acknowledgement

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2019 University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones 2019 Lewis and Clark Law School

Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones

Public Land & Resources Law Review

No abstract provided.


Indigenous Law At The Supreme Court Of Canada, Russell Brown 2019 University of Montana

Indigenous Law At The Supreme Court Of Canada, Russell Brown

Public Land & Resources Law Review

No abstract provided.


Board Of Editors, 2019 University of Montana

Board Of Editors

Public Land & Resources Law Review

No abstract provided.


More Than Birds: Developing A New Environmental Jurisprudence Through The Migratory Bird Treaty Act, Patrick G. Maroun 2019 University of Michigan Law School

More Than Birds: Developing A New Environmental Jurisprudence Through The Migratory Bird Treaty Act, Patrick G. Maroun

Michigan Law Review

This year marks the centennial of the Migratory Bird Treaty Act, one of the oldest environmental regulatory statutes in the United States. It is illegal to “take” or “kill” any migratory bird covered by the Act. But many of the economic and industrial assumptions that undergirded the Act in 1918 have changed dramatically. Although it is undisputed that hunting protected birds is prohibited, circuit courts split on whether so-called “incidental takings” fall within the scope of the Act. The uncertainty inherent in this disagreement harms public and private interests alike—not to mention migratory birds. Many of the most important environmental …


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