Animal Law Commons^™

"We The Pit Bulls": The Fate Of 'Pit Bulls' Under The United States Constitution, Will Lowrey

Animal Law Review

Across the United States, thousands of pit bull type-dogs are legally discriminated against by laws that punish them based solely on their appearance. For over three decades, dozens of towns and cities across the country have overwhelmingly blamed dog bites and public safety concerns on one particular type of dog. These laws take various forms, from complete bans to public muzzling to fencing requirements, but all invariably subject pit bulltype dogs to conditions and requirements not imposed on most other breeds. Through dozens of legal challenges, advocates for pit bull-type dogs have attempted to use the Constitution to attack the …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 25, Issue 1, 2018.

Frankly My Dear, I Don’T Want A Dam: Refocusing Dam Removal Priorities To Protect Endangered Salmon Now, Skylar Sumner

Animal Law Review

Dams are a critical threat to salmon habitat and population recovery. While much progress has been made in the past few years with dam removal, the more quickly dams are removed, the greater chance that salmon can be restored to their historic ranges. In the Pacific Northwest, dams are a particular threat to salmon. Many regulatory tools can be used to bring dams into compliance, but there is often much resistance to these efforts. This Essay proposes that by targeting dilapidated private dams opposed to functional ones on public land, compliance or removal will be achieved with less resistance and …

Protest Of Controversial Art In New York City Museums In 2017-2018: Reactions, Responses, And Legal/Ethical Obligations Of Museums In The Age Of #Metoo, #Blacklivesmatter, And Activism On The Internet., Isabel Telonis

MA Theses

Over the last two years, museums in New York City have experienced a rise in protest and backlash against the display of works of art, particularly those that are perceived as offensive, controversial, and relevant to current sociopolitical issues.

This thesis explores three case studies of controversy at the Metropolitan Museum of Art, the Whitney Museum of American Art, and the Solomon R. Guggenheim Museum, all of which faced protest and public criticism over particular works of art and responded in a unique way to their respective scandal. This study is comprised of an introduction, four chapters, and a conclusion. …

The "Moo"Ve To Renewable Energy In Kentucky Begins With The Dairy Industry, Lucero Tennis

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Keeping Man's Best Friend His Best Friend: Why Minors Should Not Witness Animal Abuse And Legislation That Can Prevent This Exposure, Kaleah M. Ault

Valparaiso University Law Review

No abstract provided.

Animals In Transport Languish As Twenty-Eight Hour Law Goes Off The Rails, Michelle Pawliger, Dena Jones

Animal Law Review

This Article seeks to identify how the U.S. Twenty-Eight Hour Law, requiring feeding, water, and rest for specific animals being transported after twenty-eight hours of travel, is not being adequately enforced by United States Department of Agriculture (USDA) or United States Department of Transportation (DOT). In this Article, AWI first establishes the legal background of the Twenty-Eight Hour Law and subsequent regulations implemented by the USDA and DOT. Next, AWI discusses the recent history of the law’s implementation, or lack thereof, by these Departments and enforcement protocol of the Investigative and Enforcement Services for the Animal and Plant Health Inspection …

6,083 Dogs Shot And Killed: The Unknown Puppycide Epidemic In America, Genette Gaffney

Animal Law Review

Wrongful police killings of companion dogs is gaining attention on local and national levels. Efforts to hold officers accountable are often stalled by a qualified immunity provided to officers under the Fourth Amendment and the lack of state laws and policies providing protection to domesticated animals. This article examines case law on qualified immunity—and state statutes offering canine protection—and suggests different policies that may be implemented to afford better protection to our pets and citizens. Part I provides a brief background on why dog shootings persist and provides examples of dogs shot and killed by police. Part II discusses and …

2017 Federal Legislative Review, Samuel Pope

Animal Law Review

No abstract provided.

Animals As Living Accommodations, Ani B. Satz

Faculty Articles

Animals as “living accommodations” is a concept I first developed and used in 2006, in my disability and animal law courses, to describe nonhuman animals who either provide service or emotional support to humans with functional impairments. My goal in using this language is to emphasize the important differences between employing living animals and inanimate tools of assistance to promote meaningful access to work, public services, places of public accommodation, and public transportation. The differences may be viewed from the perspectives of a variety of stakeholders, including: individuals with disabilities and other impairments; businesses accommodating such individuals; members of the …

Ecotypes And Killer Whales: A Scientific Concept To Guide The Endangered Species Act's "Distinct Population Segment", Christopher Michael Johnson

University of Colorado Law Review

The Endangered Species Act protects threatened and endangered species, subspecies, and distinct population segments, with species listings guided by the best scientific information available. "Distinct population segment," however, is not a biological term. To date, there is still not a test based on evolutionary theory used to determine distinct population segments. This Comment attempts to change that by introducing the ecotype concept-a scientific theory that has existed for over one hundred years-into jurisprudence. This Comment begins by recounting how the distinct population segment terminology came to be. Next, it argues that the Endangered Species Act has been implemented contrary to …

Animal Property Rights, Karen Bradshaw

University of Colorado Law Review

The animal rights movement largely focuses on protecting species whose suffering is most visible to humans, such as pets, livestock, and captive mammals. Yet, we do not observe how unsustainable land development and fishing practices are harming many species of wildlife and sea creatures. Fish and wildlife populations have recently suffered staggering losses, and they stand to lose far more. This Article proposes a new legal approach to protect these currently overlooked creatures. I suggest extending property rights to animals, which would allow them to own land, water, and natural resources. Human trustees would manage animal-owned trusts managed at the …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 24, Issue 1.

Regulating Fake Assistance Animals: A Comparative Review Of Disability Law In Australia And The United States, Paul Harpur, Simon Bronitt, Peter Billings, Martie-Louise Verreynne, Nancy Pachana

Animal Law Review

The United Nations Convention on the Rights of Persons with Disabilities [CRPD] provides that persons with a disability have the right to be accompanied by an assistance animal to provide living accommodations in the navigation of routine daily activities. The CRPD imposes upon states an obligation to identify and to eliminate obstacles and barriers to accessibility (Art 9), as well as to take effective measures to ensure personal mobility with the greatest possible independence (Art 20). This extends to recognising the rights of persons with disabilities to be accompanied by assistance animals. In jurisdictions like Australia and the United States, …

Animal Rights In The Shadow Of The Constitution, Ariel L. Bendor, Hadar Dancig-Rosenberg

Animal Law Review

In this Article, we consider whether granting constitutional protections can improve animal welfare. To that end, we carry out a comparative analysis of legal systems that protect animal rights by constitutional tools, identify and analyze the ideas underlying those protections, and explore their adaptability. Focusing mainly on the Israeli case, we argue that constitutional law cannot provide adequate protections for animals and, contrary to the conventional wisdom, might even impair their protection.

Canines In The Classroom: Issues Relating To Service Animals In Primary And Secondary Educational Institutions After Fry V. Napoleon Community Schools, Rebecca J. Huss

Animal Law Review

The Supreme Court’s decision in Fry v. Napoleon Community Schools in February 2017 provides important guidance for advocates for students with disabilities partnered with service animals and school districts; however, areas of potential conflict remain. This Article reviews that Supreme Court decision and analyzes other recent cases to illustrate some of the complicated issues that may arise when students with disabilities want to be accompanied by their service animals in schools.

Ritual Slaughter, Federal Preemption, And Protection For Poultry: What Legislative History Tells Us About Usda Enforcement Of The Humane Slaughter Act, Bruce Friedrich

Animal Law Review

The one federal law that protects animals raised for food (farm animals) is the Humane Methods of Slaughter Act (HMSA), which, as its name implies, covers only the final moments of animals’ lives. Beyond overall lax enforcement, the United States Department of Agriculture (USDA) has made three interpretive decisions, one with support from the Supreme Court, that have further harmed farm animals: First, USDA exempts the ritual slaughter process from oversight. Second, USDA has thus far refused to protect poultry, who represent more than 98% of slaughtered land animals. And third, USDA has argued, and the Supreme Court agreed, that …

Employers, Got Vegan?: How Ethical Veganism Qualifies For Religious Protection Under Title Vii, Rebecca Schwartz

Animal Law Review

Currently, employees who decide to go vegan for ethical reasons have no protection at their workplaces. Their employers are free to refuse to accommodate their beliefs whether that be through refusing to accommodate an employee who will not wear the leather piece of a required uniform or refusing to provide a vegan food option at work parties. As more and more Americans make the shift to a vegan lifestyle, this protection is needed now more than ever. This Paper analyzes how an ethical vegan may qualify for employment discrimination protection under Title VII of the Civil Rights Act. In doing …

Looking Behind The Curtain: Achieving Disclosure Of Medical And Scientific Information For Cetaceans In Captivity Through Voluntary Compliance, Heather D. Rally, Donald C. Baur, Matthew Mcfeeley

Animal Law Review

In recent years, increasing concern has emerged within the general public and scientific communities over the detrimental effects of captive maintenance on the health and welfare of cetaceans. There is widespread agreement that the medical records of cetaceans held in captivity are a source of important information that can shed light on the animal health impacts of certain captive conditions, as well as on diseases and environmental threats to cetaceans in the wild. Despite the value of such records to advancing animal husbandry, animal welfare, and wildlife conservation, the medical and behavioral records of cetaceans held in captivity are rou- …

Justice For All?: The Shortcomings And Potentials Of The Capabilities Approach For Protecting Animals, Jennifer Davidson

Animal Law Review

In her book, Frontiers of Justice, Martha Nussbaum sets out to build upon, and re-envision, John Rawls’ theory of justice. Her goal is to establish a conception of justice that extends to three classes that are not adequately captured in Rawls’ work: people with disabilities, people living in different countries, and nonhuman animals. This Note takes on the last of those three extensions, nonhuman animals. Part I presents a brief overview of the major scholarly approaches to conceptualizing animal rights. Part II lays out the capabilities approach in detail, focusing particularly on its application to nonhuman animals. Part III analyzes …