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A Dog Is Not A Stereo: The Role Of Animal Sentience In Determining The Scope Of Owner Privacy Interests Under Oregon Law, Lora Dunn, David B. Rosengard 2017 Lewis & Clark Law School

A Dog Is Not A Stereo: The Role Of Animal Sentience In Determining The Scope Of Owner Privacy Interests Under Oregon Law, Lora Dunn, David B. Rosengard

Animal Law Review

In 2011, a relatively routine animal neglect investigation spawned a line of litigation that would eventually reach the Or­egon Supreme Court. Along the way, this case-State v. New­comb-raised issues central to both constitutional and animal law, involving inquiry into how animals are situated under the law, the \.Veight of a defendant's privacy versus an animal's in­terests, and what relevance attaches to animals existing as feel­ing, sentient creatures. In analyzing Newcomb, this Comment discusses the case facts in Part I, before laying out the argu­ments heard-and decisions rendered-by the trial and appel­late courts in Part II. Part III reads the Oregon …


Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc 2017 Lewis & Clark Law School

Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc

Animal Law Review

No abstract provided.


Cites Cop17 Review, Rebecca Pollack 2017 Lewis & Clark Law School

Cites Cop17 Review, Rebecca Pollack

Animal Law Review

No abstract provided.


Guilty By A Nose: The Queen V. Riesberry And The Criminalization Of Racehorse Doping In Canada, Brian Manarin, Reem Zaia 2017 Marquette University Law School

Guilty By A Nose: The Queen V. Riesberry And The Criminalization Of Racehorse Doping In Canada, Brian Manarin, Reem Zaia

Marquette Sports Law Review

None


From Inside The Cage To Outside The Box: Natural Resources As A Platform For Nonhuman Animal Personhood In The U.S. And Australia, Randall S. Abate, Jonathan Crowe 2017 Florida A & M University College of Law

From Inside The Cage To Outside The Box: Natural Resources As A Platform For Nonhuman Animal Personhood In The U.S. And Australia, Randall S. Abate, Jonathan Crowe

Journal Publications

Nonhuman animals are currently treated as property under U.S. and Australian law, leaving them open to various kinds of exploitation. There has been a gradual evolution away from this property paradigm in both countries, but significant work remains to ensure that nonhuman animals are afforded adequate legal protections. This article considers the legal avenues available to protect nonhuman animals in the U.S. and Australia, focusing particularly on the attribution of legal personhood. Section 2 of the article reviews attempts by the Nonhuman Rights Project (NhRP) to establish legal personhood protections for nonhuman animals through writ of habeas corpus petitions under …


A Bird In The Hand: Shotguns, Deadly Oil Pits, Cute Kittens, And The Migratory Bird Treaty Act, Samuel J. Panarella 2017 Alexander Blewett III School of Law at the University of Montana

A Bird In The Hand: Shotguns, Deadly Oil Pits, Cute Kittens, And The Migratory Bird Treaty Act, Samuel J. Panarella

Faculty Law Review Articles

This Article is presented in three parts. Part I describes the modern application (and misapplication) of the MBTA and briefly sets out the history of the Act, including the widespread, indiscriminate killing of migratory birds for food and fashion in the 19th century that first spurred Congress to act. Building off this history and the clear Congressional intent behind the MBTA to criminalize industrial activities directed at killing birds, Part II sorts human-caused bird killing activities into three categories and proposes the appropriate MBTA liability treatment for each category based both on the original purpose of the Act and on …


Discretion Bites: The Current State Of Animal Emergency Planning, Paige Chretien 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 …


Animal Sentience And The Precautionary Principle, Jonathan Birch 2017 London School of Economics and Political Science

Animal Sentience And The Precautionary Principle, Jonathan Birch

Animal Sentience

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof for animal sentience. Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a …


Refining The Precautionary Framework, Jonathan Birch 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 …


Sensitizing Humans To Fish Sentience, Kelly Levenda 2017 Animal Legal Defense Fund

Sensitizing Humans To Fish Sentience, Kelly Levenda

Animal Sentience

Although fish can feel pain and suffer, they are not often protected legally. Jonathan Balcombe’s What a Fish Knows provides a timely and important contribution to the literature on animal cognition and sentience. By explaining their personalities and capabilities, Balcombe brings much needed public attention to fish and advances the principle that they need and deserve protection.


2016 Study Of Current Conditions Of Kentucky County Animal Shelters And Degree Of Compliance With Kentucky Animal Shelter Laws, Cynthia L. Gaskill, Rachel Cullman-Clark, Liane Lachiewicz, Matt Lamarre, Brad Rohleder, Kristin Sadler, Rachel Sparling, Craig N. Carter 2016 University of Kentucky

2016 Study Of Current Conditions Of Kentucky County Animal Shelters And Degree Of Compliance With Kentucky Animal Shelter Laws, Cynthia L. Gaskill, Rachel Cullman-Clark, Liane Lachiewicz, Matt Lamarre, Brad Rohleder, Kristin Sadler, Rachel Sparling, Craig N. Carter

Veterinary Science Reports

Kentucky’s county animal shelter conditions have not been studied for over 20 years. Major goals of this study were to assess current conditions in Kentucky’s county shelters and determine the degree of compliance with Kentucky shelter laws. Additional information was gathered to determine the major problems and needs identified by shelter personnel and researchers. Data was used to determine if additional state funds or refinements and additions to current laws are warranted to ensure humane care of animals in Kentucky’s county shelters. Researchers consisted of a group of 6 veterinary students who traveled to all Kentucky county animal shelters. Ninety …


Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang 2016 University of Michigan Law School

Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang

Michigan Journal of Environmental & Administrative Law

Millions of genetically engineered (GE) mosquitoes could soon be released in Key West, Florida as an effort to eradicate wild mosquitoes that are transmitters of diseases such as malaria, dengue, and chikungunya. Both international and domestic regulations fail to provide effective regulatory schemes that can facilitate the application of this technology while ensuring all safety and environmental aspects are properly addressed. The Food and Drug Administration’s assertion of jurisdiction is based on its assessment that the GE mosquitoes are “animal drugs” under the Federal Food, Drug, and Cosmetic Act. This is especially troublesome because the end goal of using these …


Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone 2016 William & Mary Law School

Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone

William & Mary Bill of Rights Journal

No abstract provided.


Natural Resources Defense Council, Inc. V. Pritzker, Caitlin Buzzas 2016 Alexander Blewett III School of Law at the University of Montana

Natural Resources Defense Council, Inc. V. Pritzker, Caitlin Buzzas

Public Land & Resources Law Review

In Natural Resources Defense Council, Inc. v. Pritzker, the Ninth Circuit dealt with the conflict of science in making legal and policy decisions. NMFS was held to a stringent mitigation standard to protect marine mammals against the Navy’s use of LFA sonar for military operations. In this decision the court held that agencies are required to apply the least practicable adverse impact on marine mammals in these types of operations and agencies must listen to their own experts when making these decisions.


Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira 2016 Barry University School of Law

Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira

Environmental and Earth Law Journal (EELJ)

In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.


Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb 2016 Barry University School of Law

Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb

Environmental and Earth Law Journal (EELJ)

Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European …


Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez 2016 Barry University School of Law

Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez

Environmental and Earth Law Journal (EELJ)

This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb …


Equal Protection For Animals, Pat Andriola 2016 New York University School of Law

Equal Protection For Animals, Pat Andriola

Environmental and Earth Law Journal (EELJ)

This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.


The Legal Rights Of All Living Things, Stacey L. Gordon 2016 Alexander Blewett III School of Law at the University of Montana

The Legal Rights Of All Living Things, Stacey L. Gordon

Faculty Journal Articles & Other Writings

This article explores the nuances in the development of environmental standing, looking especially at the cases that can inform animal law. Because animals are part of the natural environment and some statutes protecting animals, like the ESA and MMPA, are often characterized as environmental law statutes, several of the critical cases are already animal law cases, including the fundamental case of Lujan v. Defenders of Wildlife.12 For the purposes of understanding the development of standing for natural objects, Part I examines these cases in addition to traditional environmental standing cases. Part II addresses the lessons learned from those cases with …


Focusing On Human Responsibility Rather Than Legal Personhood For Nonhuman Animals, Richard L. Cupp Jr. 2016 Pepperdine University School of Law

Focusing On Human Responsibility Rather Than Legal Personhood For Nonhuman Animals, Richard L. Cupp Jr.

Pace Environmental Law Review

We should focus on human legal accountability for responsible treatment of nonhuman animals rather than radically restructuring our legal system to make them legal persons. This essay, provided at the kind invitation of the Pace Environmental Law Review (PELR) and Steven Wise, President of the Nonhuman Rights Project, Inc., outlines a number of concerns about animal legal personhood. It does so primarily in the context of the plaintiff’s brief in The Nonhuman Rights Project, Inc. v. Lavery, filed in the New York Supreme Court, New York County. The first Lavery lawsuit (Lavery I) was filed in Fulton County in late …


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