Legal History And Rights For Nonhuman Animals:
An Interview With Steven M. Wise,
2018
University of Toronto
Legal History And Rights For Nonhuman Animals: An Interview With Steven M. Wise, Angela Fernandez
Dalhousie Law Journal
This article offers a window into the recent work of the Nonhuman Rights Project (NhRP) and its quest to secure legal personhood for cognitively advanced nonhuman animals (chimpanzees, elephants, and orcas). Law& History Professor Angela Fernandez interviews Nonhuman Rights Project founder Steven Wise about the work of his organization, setting the litigation strategy of the NonHuman Rights Project against the background of Wise's historical work on the 1772 British case that ended slavery in England, Somerset v. Stewart. The conversation Fernandez has with Wise ranges across the most recent decisions of the Nonhuman Rights Project cases, what has happened since …
The Animal Protection Commission: Advancing Social Membership
For Animals Through A Novel Administrative Agency,
2018
Dalhousie University
The Animal Protection Commission: Advancing Social Membership For Animals Through A Novel Administrative Agency, John Maccormick
Dalhousie Law Journal
If the state sought to improve law's treatment of nonhuman animals, what form should its intervention take? This paper questions the assumption that the state would have to choose between incremental welfare reforms and an immediate transition to animal personhood. Drawing on Martha Nussbaum's capabilities theory and on Sue Donaldson and Will Kymlicka's political approach to animal rights, it argues that the focus should be on how the relationship between human and nonhuman animals can be improved. It suggests that the state could intervene by creating an administrative agency with just this task; and that it could look to labour …
Beyond Rights And Welfare: Democracy, Dialogue, And The Animal Welfare Act,
2018
Harvard Law School
Beyond Rights And Welfare: Democracy, Dialogue, And The Animal Welfare Act, Jessica Eisen
University of Michigan Journal of Law Reform
The primary frameworks through which scholars have conceptualized legal protections for animals—animal “rights” and animal “welfare”—do not account for socio-legal transformation or democratic dialogue as central dynamics of animal law. The animal “rights” approach focuses on the need for limits or boundaries preventing animal use, while the animal “welfare” approach advocates balancing harm to animals against human benefits from animal use. Both approaches rely on abstract accounts of the characteristics animals are thought to share with humans and the legal protections they are owed as a result of those traits. Neither offers sustained attention to the dynamics of legal change …
Saving Species, One Individual At A Time: Zoo Veterinarians Between Welfare And Conservation,
2018
University at Buffalo School of Law
Saving Species, One Individual At A Time: Zoo Veterinarians Between Welfare And Conservation, Irus Braverman
Journal Articles
The role of zoo veterinarians has changed significantly in the last several decades, reflecting and revealing broader transformations in zoo culture, especially among North American accredited zoos. This article draws on several interviews with prominent zoo vets, as well as on regulations that pertain to their work, to highlight their current position at the nexus of animal health and welfare, on the one hand, and of species conservation, on the other hand. The transformation of zoos into conservation institutions in particular has resulted in the vets’ novel focus on the sustainability of populations and their intensified involvement in in situ …
Cognitively Impaired Human, Intelligent Animals, And Legal Personhood,
2018
Pepperdine University School of Law
Cognitively Impaired Human, Intelligent Animals, And Legal Personhood, Richard L. Cupp
Florida Law Review
This Article analyzes whether courts should grant legal personhood to intelligent animal species, such as chimpanzees, with a particular focus on comparisons made to cognitively impaired humans whom the law recognizes as legal persons even though they may have less practical autonomy than intelligent animals. Granting legal personhood would allow human representatives to initiate some legal actions with the animals as direct parties to the litigation, as the law presently allows for humans with cognitive impairments that leave them incapable of representing their own interests. For example, a human asserting to act on behalf of an intelligent animal might seek …
Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement,
2018
American University Washington College of Law
Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian
Sustainable Development Law & Policy
No abstract provided.
Editor's Note,
2018
American University Washington College of Law
Editor's Note, Luke Trompeter, Ingrid Lesemann
Sustainable Development Law & Policy
No abstract provided.
Militarization Of Conservation,
2018
CUNY Graduate Center
Militarization Of Conservation, Daniel Ryan Michel
Dissertations, Theses, and Capstone Projects
The world is facing biological diversity extinction of its wildlife solely caused by humans. One of the leading causes of the extinction crisis is attributed to poaching and the illegal trade of wildlife products. In search of finding suitable methods to curb the crisis, a dichotomy of overarching solutions has arisen: those who have advocated for community-based natural resource management and those who support militarized conservation. The focus of this paper is to delineate which method is, if any, the most appropriate when combatting poaching and the illegal wildlife trade. Concentrating on elephants (both African and Asian) and the rhinoceros, …
Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation,
2018
University of Louisville
Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein
Brandeis School of Law Faculty Scholarship
This is an expanded and updated version of an article published in 23 ANIMAL L.13 (2018). It examines how disability discrimination policy clarifies when animals may be allowed as accommodations in various settings. It provides basic statutory and regulatory framework for these settings, administrative agency guidance, and judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on higher education institutions and health care settings.
Localism, Labels And Animal Welfare,
2018
Florida State University College of Law
Localism, Labels And Animal Welfare, Samuel R. Wiseman
Scholarly Publications
The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanelyraised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …
Administrative License Renewal And Due Process -- A Case Study,
2018
Pace University School of Law
Administrative License Renewal And Due Process -- A Case Study, Delcianna J. Winders
Florida State University Law Review
Scholars have recently noted the paucity of scholarship on administrative licenses as especially significant given the prevalence-indeed ubiquity-of administrative licenses today.This Article contributes to filling that void by tackling an aspect of administrative licensing that has received especially little attention and, as a result, has been a source of serious confusion: license renewals. As this Article details, administrative license renewal practices raise interesting and important questions about administrative law and procedural due process. Does one have a property interest in a license after that license expires by its terms? Is an agency's decision not to renew a license more akin …
If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal's Intelligence For Determinations Of Legal Personhood,
2018
University of Tennessee College of Law
If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal's Intelligence For Determinations Of Legal Personhood, Paul Mclaughlin
Scholarly Works
No abstract provided.
Veterinary Lien Laws: Hypocrisy In A Healing Profession,
2018
California Western School of Law
Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein
Faculty Scholarship
This Article discusses the problem of veterinary lien laws that treat companion animals as inanimate objects, in a modern society that often views pets as members of the family. Historically, pets, like automobiles, were subject to possessory liens. If an automobile owner couldn't pay the repair bill, the mechanic could keep possession of the car or sell the car to recoup costs. Veterinary lien laws treat companion animals in a similar fashion. If the owner cannot not pay the veterinary bill in full, the veterinarian is often permitted to keep possession of the companion animal until the bill is paid. …
Puppies, Ponies, Pigs, And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation,
2018
Brandeis School of Law
Puppies, Ponies, Pigs, And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein
Animal Law Review
This Article addresses how disability discrimination policy clarifies when animals might be allowed as accommodations in various settings. It provides the basic statutory and regulatory framework for these settings, additional administrative agency guidance, and some judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on (1) higher education institutions because those settings have the potential of incorporating several different types of settings and (2) health care settings because of the particular concerns about health and safety.
'Ruff' Justice: Canine Cases And Judicial Law Making As An Instrument Of Change,
2018
University of Manitoba Faculty of Law
'Ruff' Justice: Canine Cases And Judicial Law Making As An Instrument Of Change, Richard Jochelson, James Gacek
Animal Law Review
The regulation of animals in North America should be apprised of evolving socialities. As the judiciary encounters situations of contestation between humans and animals in adjudication, it should take notice of the emergence of animal recognition in Western societies. Law is apprised of sociality, can absorb social information, and may, at times, reflect how citizens view issues of justice. What was once innocent behavior can be reconstituted as criminal through the adjudicative exercise (and vice versa). In this Paper, we investigate socio-legal constructions of ‘the animal’ in two recent North American adjudications. In two recent cases, R. v. D.L.W. and …
Desmond's Law: A Novel Approach To Animal Advocacy,
2018
University of Connecticut School of Law
Desmond's Law: A Novel Approach To Animal Advocacy, Jessica Rubin
Animal Law Review
In May of 2016, the Connecticut Legislature passed Public Law 16-30, informally called Desmond’s Law. This law allows courts to appoint supervised law students or volunteer lawyers to advocate for the interests of justice in animal cruelty cases. Desmond’s Law institutes a novel approach to animal cruelty cases—advocates support the prosecution and sentencing of individuals charged with animal cruelty offenses and promote enforcement of historically under-utilized anti-cruelty laws. Based upon the author’s personal experience conceiving and implementing Desmond’s Law, this Article aims to aid legislators, judges, and advocates in creating legislation modeled on Connecticut’s Desmond’s Law. This Article also aims …
The Endangered Species Act As Applied To Captive Animals: Sea Shepherd Legal's Amicus Brief In Peta V. Miami Seaquarium,
2018
Lewis & Clark Law School
The Endangered Species Act As Applied To Captive Animals: Sea Shepherd Legal's Amicus Brief In Peta V. Miami Seaquarium, Sea Shepherd Legal
Animal Law Review
This Article contains Sea Shepherd Legal’s (SSL) amicus brief in the matter of People for the Ethical Treatment of Animals v. Miami Seaquarium, an ongoing litigation concerning the captive orca known as “Lolita.” SSL filed this brief for two reasons. First, the conditions under which Lolita is held are at once particularly illegal and immoral. Lolita’s conditions of captivity violate both the Endangered Species Act (ESA) and the Animal Welfare Act (AWA), all while imposing continuous harm on a highly intelligent being in the name of entertainment. Second, the decision in this case frustrates the logic of the underlying laws. …
2017 State Legislative Review,
2018
Lewis & Clark Law School
2017 International Review,
2018
Lewis & Clark Law School
Front Matter,
2018
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 24, Issue 2, 2018.
