Safe Haven Conundrum: The Use Of Special Bailments To Keep Pets Out Of Violent Households,
2017
University of Tennessee, Knoxville
Safe Haven Conundrum: The Use Of Special Bailments To Keep Pets Out Of Violent Households
Tennessee Journal of Law and Policy
No abstract provided.
Adverse Modification Of The Endangered Species Act: Regulatory Impediment Or Tool?,
2017
University of Massachusetts School of Law
Adverse Modification Of The Endangered Species Act: Regulatory Impediment Or Tool?, Chuckie Sullivan
University of Massachusetts Law Review
In the past, the agencies charged with the implementation of the Endangered Species Act have shirked invoking the full range of regulatory tools at their disposal. They altered the structure of the Act in violation of Congressionally-granted authority to better accommodate both developmental and conservation interests. After a string of critical judicial decisions, the Services finally changed their implementation of the Act to parallel the protections envisioned by Congress. Though these changes will shift strength between provisions within the Act, they will not drastically alter the status quo by allowing the Services discretion in making judgments regarding the recovery of …
Preventing A Risk/Risk Trade-Off: An Analysis Of The Measures Necessary To Increase U.S. Pollinator Numbers,
2017
Elisabeth Haub School of Law at Pace University
Preventing A Risk/Risk Trade-Off: An Analysis Of The Measures Necessary To Increase U.S. Pollinator Numbers, Camila Acchiardo Vallejo
Pace Environmental Law Review
This Note will proceed in four parts. Part II will discuss the importance of pollinators and the possible reasons for their declining numbers. Part III will delve into the current and proposed actions to increase pollinator populations that are taking place in the United States. Part IV will then discuss the generally desired and widely accepted solution: a ban on neonicotinoids. This Part will introduce the implementation and results of a neonicotinoid ban in the European Union, and the risk/risk trade-off presented by a neonicotinoid ban. Finally, Part V will compile the solutions discussed in Parts III and IV, and …
Defenders Of Wildlife V. Zinke,
2017
Alexander Blewett III School of Law at the University of Montana, Missoula
Defenders Of Wildlife V. Zinke, Jacob R. Schwaller
Public Land & Resources Law Review
Wyoming was the final holdout of protections for wolves under the Endangered Species Act, and a recent decision by the United States Circuit for the District of Columbia has finally overturned those protections. After years of court battles, this decision marks the final adjudication removing federal protections, and places the management of the wolves in the Greater Yellowstone Area back in the hands of the states surrounding Yellowstone National Park. Complete deference to state regulatory systems may be a new trend in the adjudication of cases under the ESA, and this case could have significant impacts on future deference given …
Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention,
2017
Tilburg University, Netherlands
Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis
Pace Environmental Law Review
In June 1995, the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was adopted, and this instrument remains the only legally binding waterbird Agreement in the CMS Family. However, while AEWA has been lauded as a very promising instrument, the concern has also been raised that the Agreement “has a large potential scope for the duplication of obligations, especially with regard to the protection of wetland habitats, given the operation of the Ramsar Convention”. The existing literature thus recognizes that overlap between AEWA and the Ramsar Convention is potentially problematic. It fails, however, to provide a detailed analysis of …
Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market,
2017
William & Mary Law School
Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg
William & Mary Environmental Law and Policy Review
No abstract provided.
The Continuing Saga Of Wild Horse Management: Finding A Balance In The Case Of One Of America’S Iconic Symbols,
2017
William & Mary Law School
The Continuing Saga Of Wild Horse Management: Finding A Balance In The Case Of One Of America’S Iconic Symbols, Elspeth Visser
William & Mary Environmental Law and Policy Review
No abstract provided.
Preempting Humanity: Why National Meat Ass'n V. Harris Answered The Wrong Question,
2017
University of Maine School of Law
Preempting Humanity: Why National Meat Ass'n V. Harris Answered The Wrong Question, Pamela Vesilind
Maine Law Review
The 2011-12 Supreme Court term was notable for high profile cases about state undocumented immigrant law, GPS-enabled police searches,chronic liars claiming military honors, and the constitutionality of the Affordable Health Care Act. As such, it is unsurprising that the decision in National Meat Ass’n v. Harris,notable for its unanimity and matter-of-fact concision, received relatively little attention from the media or the academy. Nevertheless, National Meat is a bellwether federalism opinion, the significance of which has been widely overlooked. At first blush, the legal question in National Meat appeared to be relatively unremarkable: whether the USDA’s slaughterhouse and packing plant regulations …
When Fox And Hound Legislate The Hen House: A Nixon-In-China Moment For National Egg-Laying Standards?,
2017
University of Maine School of Law
When Fox And Hound Legislate The Hen House: A Nixon-In-China Moment For National Egg-Laying Standards?, Lucinda Valero, Will Rhee
Maine Law Review
It is no secret that the vast majority of American eat animals and animal products. Because of the popularity of animals and animal products as food, “foxes”—agricultural producers—have long struggled against “hounds”—animal welfare advocacy groups—to influence the popular American appetite. This essay focuses upon one such fox, the United Egg Producers (UEP), the nation’s largest egg farmer organization, and one such hound, the Humane Society of the United States (HSUS), the nation’s largest animal advocacy organization. JSUS had already outmaneuvered UEP by successfully swaying popular opinion in California, Michigan, Ohio, Oregon, an Washington to pass state law referenda or legislation …
Whatever Happened To The "Frankenfish"?: The Fda's Foot-Dragging On Transgenic Salmon,
2017
University of Maine School of Law
Whatever Happened To The "Frankenfish"?: The Fda's Foot-Dragging On Transgenic Salmon, Lars Noah
Maine Law Review
AquaBounty Technologies has genetically modified the Atlantic salmon through the introduction of a growth hormone gene from the Chinook salmon, which allows the fish to reach market size almost twice as quickly as its farmed counterparts. The research began more than two decades ago. The company secured licenses for the patents that emerged out of this research, and its plans to commercialize the transgenic salmons (branded “AquAdvantage”) took shape more than a decade ago. In late 2010, the U.S. Food and Drug Administration (FDA) appeared to be on the verge of authorizing production, but, more than two years later, the …
A Blast From The Past: Seismic Airgun Policy And The Need For Reform,
2017
Florida State University College of Law
A Blast From The Past: Seismic Airgun Policy And The Need For Reform, Janaye Garrett
Florida State University Law Review
No abstract provided.
Social Membership: Animal Law Beyond The
Property/Personhood Impasse,
2017
Queen's University
Social Membership: Animal Law Beyond The Property/Personhood Impasse, Will Kymlicka
Dalhousie Law Journal
While animal law has been subject to frequent reform in Canada and abroad, the basic legal foundations of animal oppression are largely unchanged. There are many reasons for this impasse, but part of the explanation is that legal reforms are caught in what we might call the property/personhood dilemma. In most legal systems, domesticated animals are defined as property and so long as this remains true, reforms are likely to be marginal and ineffective. However the main alternative-to shift animals from the category of property to personhoodis politically unfeasible, particularly for the domesticated animals who are most intensively exploited in …
Colb And Dorf On Abortion And Animal Rights,
2017
Northern Illinois University
Colb And Dorf On Abortion And Animal Rights, Mylan Engel Jr.
Between the Species
In their recent book, Sherry Colb and Michael Dorf defend the following ethical theses: (1) sentience is sufficient for possessing the right not to be harmed and the right not to be killed; (2) killing sentient animals for food is almost always seriously wrong; (3) aborting pre-sentient fetuses raises no moral concerns at all; and (4) aborting sentient fetuses is wrong absent a reason weighty enough to justify killing the fetus. They also discuss strategies and tactics for activists: They oppose the use of graphic images by activists on tactical grounds, and they categorically oppose the use of violence by …
Alaska Oil & Gas Association V. Pritzker,
2017
Alexander Blewitt III School of Law at the University of Montana
Alaska Oil & Gas Association V. Pritzker, Benjamin W. Almy
Public Land & Resources Law Review
In Alaska Oil & Gas Association v. Pritzker, the Ninth Circuit reversed the United States District Court for the District of Alaska’s decision to strike down the National Marine Fisheries Service’s (“NMFS”) listing of distinct population segments of the Pacific bearded seal. The court determined that the NMFS was in full compliance with the requirements of the Endangered Species Act and squarely rejected the district court’s demand for highly specific data pertaining to the projected effects of climate change on the bearded seal.
Safari Club International V. Jewell,
2017
University of Montana, Missoula
Safari Club International V. Jewell, Jacob Schwaller
Public Land & Resources Law Review
Safari Club International and the National Rifle Association brought this challenge to the U.S. Fish and Wildlife Service’s suspension of elephant trophy imports from 2014 forward. Both parties brought cross motions for summary judgment. In a recent memorandum opinion, the D.C. Federal District Court found that, although there was a minor procedural error on the part of the Service, an extended ban on Zimbabwean elephant trophies by the U.S. Fish and Wildlife Service was in large part compliant with their mandate under the Convention on International Trade in Endangered Species of Wild Flora and Fauna and the Endangered Species Act. …
Discretion Bites: The Current State Of Animal Emergency Planning,
2017
University of San Diego
Discretion Bites: The Current State Of Animal Emergency Planning, Paige Chretien
San Diego Journal of Climate & Energy Law
Natural disasters have historically wreaked havoc on the lives of animals. Hurricane Katrina, which hit the gulf coast of Louisiana in 2005, exposed the tragic vulnerabilities of pets and pet owners in disasters and brought awareness to the significance of the human-animal bond.[1] As climate change will likely breed storms that are more deadly than their predecessors, planning and preparedness are essential to mitigating the impacts of these storms. The current status of animal emergency planning and preparedness in the state of California does not ensure that such vulnerable population will be adequately protected.
Part I begins by discussing the …
Never Enough: Animal Hoarding Law,
2017
Pacifc McGeorge School of Law
Never Enough: Animal Hoarding Law, Courtney G. Lee
McGeorge School of Law Scholarly Articles
Animal hoarding, a disorder that causes sufferers to acquire animals compulsively despite the inability or unwillingness to provide them with adequate care, is a widespread, costly, often underestimated problem that causes more animal suffering than all acts of intentional cruelty combined. Not only are animals harmed, but humans are as well, from dependents that live with hoarders to members of the surrounding communities to the hoarders themselves. Current laws do not address the issue effectively, and recidivism rates are close to 100%. This Article seeks to increase awareness of the animal hoarding problem and offers suggestions as to how the …
Thoroughbred Horse Racing: Why A Uniform Approach To Drug Regulation Is Necessary,
2017
University of Kentucky
Thoroughbred Horse Racing: Why A Uniform Approach To Drug Regulation Is Necessary, Cody M. Conner
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Refining The Precautionary Framework,
2017
London School of Economics and Political Science
Refining The Precautionary Framework, Jonathan Birch
Animal Sentience
Most of the commentators so far agree that the precautionary principle can be usefully applied to the question of animal sentience. I consider various ways of refining my proposals in light of the suggestions. I amend BAR to implement C. Brown’s suggestion that the scope of animal welfare law should be extensible by phylogenetic inference from orders in which credible indicators of sentience are found. In response to C. Brown, Mallatt, and Woodruff, I amend ACT to allow that a single credible indicator may sometimes call for urgent further investigation rather than immediate protection. In response …
The Value Of Existence,
2017
Elisabeth Haub School of Law at Pace University
The Value Of Existence, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
One does not read Beating Hearts passively. I found myself agreeing often, disagreeing often, and sometimes doing both at the same time. Just as frequently, the book made me reexamine my views from a perspective I had not considered before. For example, prior to reading the book, I had not explored the basis for my belief that causing the death of a living being is a morally significant act. The authors (with a post-mortem assist from Epicurus) have seen to that deficiency. This forum seems an ideal place to push that discussion a bit further.
