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How House Bill 666 And Grass Roots Democracy Won Subdivision Reform For Montana, John Vincent 2020 University of Montana

How House Bill 666 And Grass Roots Democracy Won Subdivision Reform For Montana, John Vincent

Public Land & Resources Law Review

No abstract provided.


The Montana Environmental Information Center, Robin Nichols 2020 University of Montana

The Montana Environmental Information Center, Robin Nichols

Public Land & Resources Law Review

No abstract provided.


The 1972 Montana State Constitution Declaration Of Rights And The Opportunities On The Bumpy Road Ahead, Rick Applegate 2020 University of Montana

The 1972 Montana State Constitution Declaration Of Rights And The Opportunities On The Bumpy Road Ahead, Rick Applegate

Public Land & Resources Law Review

No abstract provided.


My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson 2020 University of Montana

My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson

Public Land & Resources Law Review

No abstract provided.


The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell 2020 University of Montana

The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell

Public Land & Resources Law Review

No abstract provided.


Alice Creek, Dolores Colburg 2020 University of Montana

Alice Creek, Dolores Colburg

Public Land & Resources Law Review

No abstract provided.


Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden 2020 University of Montana

Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden

Public Land & Resources Law Review

No abstract provided.


Author Biographies, 2020 University of Montana

Author Biographies

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2020 University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Letter From The Editor, 2020 University of Montana

Letter From The Editor

Public Land & Resources Law Review

No abstract provided.


Plrlr Editors And Staff, 2020 University of Montana

Plrlr Editors And Staff

Public Land & Resources Law Review

No abstract provided.


Human Supremacy As Posthuman Risk, Daniel Estrada 2020 New Jersey Institute of Technology

Human Supremacy As Posthuman Risk, Daniel Estrada

The Journal of Sociotechnical Critique

Human supremacy is the widely held view that human interests ought to be privileged over other interests as a matter of ethics and public policy. Posthumanism is the historical situation characterized by a critical reevaluation of anthropocentrist theory and practice. This paper draws on animal studies, critical posthumanism, and the critique of ideal theory in Charles Mills and Serene Khader to address the appeal to human supremacist rhetoric in AI ethics and policy discussions, particularly in the work of Joanna Bryson. This analysis identifies a specific risk posed by human supremacist policy in a posthuman context, namely the classification of …


Federal Protection For "Fur-Babies": A Legislative Proposal, Rebecca Ferrari 2020 Pepperdine University

Federal Protection For "Fur-Babies": A Legislative Proposal, Rebecca Ferrari

Pepperdine Law Review

Americans love their animals, but America doesn’t protect them. Across the country, animals continue to be classified as mere property, undeserving of any basic rights and unprotected by the animal welfare statutes that do exist, but often remain unenforced. This Article proposes a comprehensive animal protection system that includes the following components: (a) general prohibitions against animal crushing, cruelty, neglect, and abuse; (b) a civil action provision that will allow humane society officers to investigate violations of those prohibitions; (c) a provision establishing animal legal advocates to work alongside the officers and prosecute violations; and (d) an animal-suit provision to …


All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards 2020 Elisabeth Haub School of Law at Pace University

All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards

Pace Environmental Law Review

No abstract provided.


Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip 2020 Deakin University

Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip

Pace Environmental Law Review

The United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply …


Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte 2020 Alexander Blewett III School of Law at the University of Montana

Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte

Public Land & Resources Law Review

Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.


Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes 2020 Dalhousie University Schulich School of Law

Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes

PhD Dissertations

This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …


Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar 2020 University of Alberta

Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar

Journal of Food Law & Policy

Cow’s milk has enjoyed a widespread cultural signification in many parts of the world as “nature’s perfect food.”1 A growing body of scholarship, however, has challenged the image of cow’s milk in human diets and polities as a product of “nature,” and has instead sought to illuminate the political, scientific, colonial and postcolonial, economic, and social forces that have in fact defined the production, consumption, and cultural signification of cow’s milk in human societies. This emerging attention to the social, legal, and political significance of milk sits at the intersection of several fields of academic inquiry: anthropology, history, animal studies, …


Suffering Matters: Nepa, Animals, And The Duty To Disclose, David N. Cassuto, Tala DiBenedetto 2020 Elisabeth Haub School of Law at Pace University

Suffering Matters: Nepa, Animals, And The Duty To Disclose, David N. Cassuto, Tala Dibenedetto

Elisabeth Haub School of Law Faculty Publications

The National Environmental Policy Act (NEPA) requires the federal government to disclose potential environmental harms arising from agency actions. Animal suffering is an environmental harm, yet no court has ruled that its infliction triggers a reporting obligation under NEPA. This Article argues that animal suffering should be a cognizable environmental harm under NEPA, that considerations of animal suffering should factor into whether an agency must prepare an EIS--and should be discussed in the content of the EIS.

Part II of this Article introduces and explains the procedural requirements of NEPA. Part III discusses animal suffering--how it is defined, how laws …


Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis 2020 St. Mary's University

Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis

St. Mary's Law Journal

Careless or apathetic gunowners, whose lost or stolen firearms are used in the commission of a violent crime, should be held strictly liable. Current tort law leaves victims of gun violence and their families without a mode of redress against an irresponsible gun owner whose actions played a pivotal role in the victim’s ultimate injury. Without effective liability principles to regulate gun ownership, gunowners are provided de facto immunity regardless of whether the harm suffered by the victim is intertwined with the gunowners careless behavior. This comment examines the efficacy of existing tort liability principles as provided in the Restatement …


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