Animal Law Commons^™

Gray Area: Court Of Arbitration For Sport Says Neigh To Reconsidering Strict Liability For Equestrian Sport, Mary Zoeller

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Animal Legal Defense Fund V. Otter: Industrial Food Production Simply Is Not A Private Matter, Lucy L. Holifield

Journal of Food Law & Policy

About half of the states have either passed or attempted to pass laws aimed at stifling criticism and exposure of factory farms throughout the country. This unwanted exposure is often the result of undercover reporters gaining access to the interior of meat-producing entities by seeking and obtaining employment. Their reports often expose filthy and dangerous conditions, substantial animal abuse, and the incorporation of unfit animal products into the public's food supply.

Canadian Perspectives On Animals And The Law, Sabrina Tremblay-Huet

Dalhousie Law Journal

It is commonplace to affirm that animal law is much more developed in the United States than in Canada; animal abuser registries are being implemented,' animal law degrees are offered,2 and prosecutions ofanimal abusers occur frequently,3 for example. However, the tide is changing in Canada as well, the legal norms and case law becoming increasingly aligned with the social norms surrounding the treatment of animals. An example ofthis is the recent adoption by Quebec ofa new status for animals in its Civil Code, the Loi visant 1'amiliorationde la situationjuridiquede l'animal, adopted on December 4th, 2015.' There are also new challenges …

"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives, Ashley D. Keefer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson

Public Land & Resources Law Review

The Eastern Louisiana District Court upheld Amendment 40 to the Gulf of Mexico Fishery Management Council’s Reef Management Plan. The court held that the Gulf Council and the National Marine Fisheries Service’s proposed rule establishing fishing quotas for the red snapper met all of the statutory guidelines imposed under the Magnusson-Stevens Act.

An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn

Animal Sentience

Legislation throughout the U.S. recognizes animal sentience and the importance of veterinary reporting to combat the ongoing suffering of these animal victims: All 50 states have felony penalties available for animal cruelty crimes, and veterinary reporting is permitted or required in the majority of states. The remaining minority of U.S. states should take action to require veterinarians to report animal cruelty and render veterinarians immune for good faith reporting.

Has Blue Overshadowed Green?: The Ecological Need To Eradicate Hunting Blue Laws, Allie Humphreys

William & Mary Environmental Law and Policy Review

No abstract provided.

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Pace Environmental Law Review

Following the introduction, part II of this article will provide a brief background on the adoption of the Endangered Species Act. Part III will explain that the statute does not authorize the agencies to extend the take prohibition to all threatened species. Part IV will argue that returning to the statutory scheme would result in a fairer distribution of the costs of species protection by imposing the costs of prophylactic protection on agencies and the public generally. Burdening individuals would be a last resort, as Congress intended. Finally, Part V will identify how Congress’ policy is a reasonable way to …

Sinclair's Nightmare: Slapp-Ing Down Ag-Gag Legislation As Content-Based Restrictions Chilling Protected Free Speech, Jeffrey Vizcaino

Student Works

Over a century after its publication, Upton Sinclair’s 1906 novel, The Jungle, remains one of the most impactful pieces of investigative literature ever published. During 1904, in an effort to expose the heinous working conditions of Chicago’s meat packing industry, Sinclair went under disguise as a factory worker for seven weeks. While Sinclair’s purpose for The Jungle was to propel federal reform against inhumane work conditions, it was the first-hand depiction of the callous slaughtering and unsanitary processing of meat products which led to national uproar. Gaining the attention of national political leaders, including President Theodore Roosevelt, The Jungle …

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …

Animal Rights: From Why To How, Joan Schaffner, Sherry F. Colb, Michael C. Dorf, David Favre, Lori Gruen, Angela P. Harris, Dale Jamieson

Animal Law Review

On January 9, 2016, the Association of American Law Schools hosted a panel by the Section on Animal Law in New York City. The panel featured legal professionals, scholars, and experts from various disciplines who discussed strategies for securing legal rights for animals. The panel explored what the animal rights movement can learn from other social movements, which legal approaches are available to animal advocates, and the need for non-legal strategies to change cultural attitudes. This panel moves beyond the discussion of whether animals have rights, and addresses the important questions and potential strategies for improving the lives of non-human …

Nutraceuticals In American Horseracing: Removing The Substantive Blinkers From National Racing Legislation, Conor R. Crawford

Animal Law Review

American horseracing is governed by thirty-eight independent state racing jurisdictions. The lack of one coordinated rulebook has been especially problematic with respect to controlled substances. Industry leaders and legal scholars ubiquitously decry American racing’s “drug addiction.” The Horseracing Integrity and Safety Act and Thoroughbred Horseracing Integrity Act of 2015 respond to this charge by purporting to regulate drugs and medication under federal auspices. This Note contends, however, that the bills’ blinkered focus on drugs problematically ignores nutraceuticals: a class of pharmaceutical-food supplements that poses a greater existential threat to horseracing.

In a 1996 Federal Register notice, the FDA announced that …

America's Invaders: The Nile Monitor And The Ineffectiveness Of The Reactive Response To Invasive Species, William K. Norvell Iii

Animal Law Review

In response to an ever increasing level of environmental devastation caused by invasive species and the resultant concerns for ecological preservation, both the state and federal governments have passed legislation to combat this pressing issue. In this Note, the author evaluates the effectiveness of these reactive and proactive policies in the United States. The author also analyzes the successful, proactive invasive species legislation from Australia, the United Kingdom, and New Zealand, and then contrasts them to the failing, mainly reactive laws found in the United States. Despite these shortcomings, the author concludes that it is entirely possible for the United …

2015 State Legislative Review, Malorie Sneed, Jessica Brockway

Animal Law Review

The past year’s state legislative sessions and court dockets bore witness to a wide variety of initiatives concerning animal welfare and animal issues more generally. The increasing prevalence of ag-gag bills continued in 2015, as Colorado attempted to pass a mandatory reporting bill and North Carolina passed its own ag-gag bill that applied to all businesses, not just agricultural facilities, over the governor’s veto. Animal welfare advocates had reason to celebrate this year, however, when the district court of Idaho overturned its ag-gag bill on constitutional grounds. Tennessee, in amending its “Good Samaritan” law to extend coverage to animals trapped …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 23, Issue 1, 2017.

Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen

Animal Law Review

This Article discusses situations in which an officer has shot a companion canine, and evaluates the efficacy of the different potential civil claims that an owner may have against the individual officer, his supervisor, the department, or the municipality. It then goes on to suggest that the relief granted, even for successful claims, is insufficient to alter municipal policies governing officer’s interactions with canines because such relief is typically retrospective in nature. Additionally, this Article discusses the serious problems that arise in relying on civil litigation as a mechanism for addressing officer-involved canine companion shootings because of the status of …

An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?, Charlotte Blattner

Animal Law Review

Further development within the field of animal law seems to be at an impasse, lost among the potential paths presented by its traditional influences: international treaty law, domestic animal welfare regulations, and trade law. First, classical elements of global animal treaty law are limited to preservationist aspirations, insusceptible to the questions of how animals are treated or how they cope with their environment. Second, animal welfare regulation is understood as a matter confined to national territories. In cross-border dialogue, animal matters have been reduced to allegations of imperialism, which is not conducive to furthering animal interests. Third, animals are regarded …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 22, Issue 2, 2016.

Update On Antitrust And The Legal Issues Surrounding Cloning In The Equine World, Lewis T. Stevens

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Pitts V. Barr-Tonko Bills: An In-Depth Comparison Of Proposed Anti-Doping Legislation In Horse Racing, Peter J. Sacopulos

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.