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Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner 2019 University of Arizona

Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner

Public Land & Resources Law Review

Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …


Board Of Editors, 2019 University of Montana

Board Of Editors

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2019 University of Montana

Table Of Contents

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.


The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy 2019 University of California, Hastings College of the Law

The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy

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.


The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor 2019 University of Montana

The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor

Public Land & Resources Law Review

No abstract provided.


Massachusetts Lobstermen’S Association V. Ross, Daniel Brister 2019 Alexander Blewett III School of Law at the University of Montana

Massachusetts Lobstermen’S Association V. Ross, Daniel Brister

Public Land & Resources Law Review

President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects of scientific interest, and dismissing …


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: 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.


Placing Our Wager On Equine Assisted Therapy For Kids: Utilizing Kentucky's Sb 200 Reinvestment Funds On Programs That Work, Amanda Mullins Bear 2019 Children's Law Center

Placing Our Wager On Equine Assisted Therapy For Kids: Utilizing Kentucky's Sb 200 Reinvestment Funds On Programs That Work, Amanda Mullins Bear

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Five More Years For The Animals, David S. Favre 2019 Michigan State University College of Law

Five More Years For The Animals, David S. Favre

Animal Law Review

For Animal Law’s twenty-fifth anniversary edition, David S. Favre is back with an update on the state of animal law in the United States. This piece covers the new, the changeless, the good, and the bad of the animal legal landscape in the past five years, since Animal Law last asked Favre to write a review of animal law. An overview of new case law is discussed, as is a summary of newly passed state laws, mostly related to companion animals. Additionally, developments in the ever-expanding field of animal legal education are examined. This Article discusses changes in a variety …


Sustainable Development Arrested By U.S. Criminal Law, Steven Ferrey 2019 Suffolk University Law School

Sustainable Development Arrested By U.S. Criminal Law, Steven Ferrey

American University Law Review

No abstract provided.


A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf 2019 Swinburne University, Melbourne

A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf

South Carolina Law Review

No abstract provided.


The Absolute Insurer Rule: An Unconstitutional And Ineffective Means Of Mitigating Illegal Equine Drugging In The “Sport Of Kings”, Brian Calhoun Mundell 2019 Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C.

The Absolute Insurer Rule: An Unconstitutional And Ineffective Means Of Mitigating Illegal Equine Drugging In The “Sport Of Kings”, Brian Calhoun Mundell

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Lasix Is A "Failed Experiment": Why The United States Should Follow Other Countries And Ban Lasix, Caitlyn Barnes 2019 University of Kentucky

Lasix Is A "Failed Experiment": Why The United States Should Follow Other Countries And Ban Lasix, Caitlyn Barnes

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


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 2, 2019.


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.


Paid In Full: Interpreting And Defining "Market Value" Under The Lacey Act, Max Birmingham 2019 Michigan State University College of Law

Paid In Full: Interpreting And Defining "Market Value" Under The Lacey Act, Max Birmingham

Animal Law Review

There is a circuit split on the definition of “market value” under the Lacey Act. Courts disagree whether the price of hunting guide services should be factored into calculating the market value of the wildlife hunted. But the purpose of the Lacey Act suggests a broad interpretation of market value which includes guide services. This Article proposes amending the Lacey Act to make clear the definition of market value in keeping with its original purpose.


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