Front Matter,
2014
Lewis & Clark Law School
Harming The Tinkerer: The Case For Aligning Standing And Preliminary Injunction Analysis In The Endangered Species Act,
2014
Lewis & Clark Law School
Harming The Tinkerer: The Case For Aligning Standing And Preliminary Injunction Analysis In The Endangered Species Act, Danny Lutz
Animal Law Review
Reviewing preliminary injunction motions under the Endangered Species Act (ESA), most district courts evaluate “irreparable harm” through one of two lines of analysis. One line, promoted by property rights interest groups, reasons that individual mortalities might not constitute irreparable harm if they do not impact survival of the species. In contrast to this “species-level harm” analysis, another approach argues that “individual-level harm” suffices because it is irreparable to the animal. The recent First Circuit opinion in Animal Welfare Institute v. Martin attempts, but ultimately fails, to bridge the divide over which level of analysis to apply for irreparable harm under …
Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act,
2014
Lewis & Clark Law School
Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton
Animal Law Review
This Article, presented by a former general counsel for WildEarth Guardians, discusses the organization’s attempts to protect imperiled species under the Endangered Species Act (ESA). By comparing extinction patterns from the past, we can see that the human impact on the Earth’s biodiversity is similar to that caused by past geological catastrophes. The ESA is the Noah’s Ark of our time, providing the best opportunity to help stem the tide of extinction. In analyzing the ESA, it is clear that the Act serves important human interests and is effective when utilized as intended. However, the United States Fish & Wildlife …
2013 State Legislative Review,
2014
Lewis & Clark Law School
The Endangered Species Act At Forty: The Good, The Bad, And The Ugly,
2014
Lewis & Clark Law School
The Endangered Species Act At Forty: The Good, The Bad, And The Ugly, Daniel J. Rohlf
Animal Law Review
No abstract provided.
When Cheaters Prosper: A Look At Abusive Horse Industry Practices On The Horse Show Circuit,
2014
Michigan State University
When Cheaters Prosper: A Look At Abusive Horse Industry Practices On The Horse Show Circuit, Kjirsten Sneed
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Towards The Heart Of The Sport: A Sporting Perspective On Abraham & Veneklasen Joint Venture V. American Quarter Horse Association,
2014
Stoll Keenon Ogden
Towards The Heart Of The Sport: A Sporting Perspective On Abraham & Veneklasen Joint Venture V. American Quarter Horse Association, Samuel D. Hinkle, Maria Gall
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room,
2014
Lewis & Clark Law School
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael C. Blumm, Kya B. Marienfeld
Animal Law Review
The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently conceded that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions. In this Article, we explain those decisions—involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse—and their implications. We conclude with some surprising observations about the Obama Administration’s apparent endorsement of …
The Lizard, The Scientist, & The Lawmaker: An Analysis Of The Trending Fight Over The Use Of Science Under The Endangered Species Act And How To Address It,
2014
Texas Tech University School of Law
The Lizard, The Scientist, & The Lawmaker: An Analysis Of The Trending Fight Over The Use Of Science Under The Endangered Species Act And How To Address It, Brie D. Sherwin
Animal Law Review
Recently in Texas, the dunes sagebrush lizard—a tiny, little-known reptile living in the sparse brush and dunes of the oil and gas fields—sparked a heated discussion and criticism over the listing process under the Endangered Species Act (ESA). This six-year battle ended with the withdrawal of a proposed rule to list the lizard and resulted in numerous criticisms about the role and use of scientific data throughout the process. Under the ESA, the United States Fish & Wildlife Service (FWS) is required to consider the best available scientific data when deciding whether to list a species. However, there is no …
Front Matter,
2014
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 21, Issue 1, 2014.
You Don't Own Me: Feral Dogs And The Question Of Ownership,
2014
Lewis & Clark Law School
You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki
Animal Law Review
Feral dogs occupy an ambiguous position, challenging standard categories of domestication, wildness, and property ownership. This ambiguity, in turn, complicates the legal status of feral dogs. Feral dogs' property status is particularly critical, as whether a feral dog is owned by someone, or no one at all, hold implications not only for civil and criminal liability in incidents involving feral dogs, but also the legal ability of animal rescue organizations to intervene in the lives of feral dogs. Part II of this Article summarizes the application of property law to animals, particularly highlighting the role played by an animal's status …
Dog Meat Trade In South Korea: A Report On The State Of The Trade And Efforts To Eliminate It,
2014
Lewis & Clark Law School
Dog Meat Trade In South Korea: A Report On The State Of The Trade And Efforts To Eliminate It, Claire Czajkowski
Animal Law Review
Within South Korea, the dog meat trade occupies a liminal legal space-neither explicitly condoned, nor technically prohibited. As a result of existing in this legal gray area, all facets of the dog meat trade within South Korea-from dog farms, to transport, to slaughter, to consumption-are poorly regulated and often obfuscated from review. In the South Korean context, the dog meat trade itself not only terminally impacts millions of canine lives each year, but resonates in a larger national context: raising environmental concerns, and standing as a proxy for cultural and political change. Part II of this Article describes the nature …
"Cut The Dog In Half": Resolving Animal Law Disputes Through The Use Of Alternative Dispute Resolution,
2014
Kaiser Legal Group
"Cut The Dog In Half": Resolving Animal Law Disputes Through The Use Of Alternative Dispute Resolution, Michael Ploudre Kaiser
Cardozo Journal of Conflict Resolution
In this article, I discuss ADR within the context of three types of animal law issues. In Part I, I discuss animal custody disputes, which I have found to be very well-suited to resolution by means of mediation. In Part II, I discuss the debate surrounding laboratory testing on animals and the reasons why several current approaches to this issue are insufficient and wasteful of resources. I outline how mediation has the potential to bridge differences and find at least short-term workable resolutions to a highly charged issue, which in turn may lead to longer-term resolutions. Lastly, in Part III, …
Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy,
2014
Singapore Management University
Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See
Research Collection Yong Pung How School Of Law
Animal law is a little-known subject in Singapore. However, the increase in public awareness and concern about animal welfare issues demand that more attention is directed at the legal aspects of such issues. An opportunity to examine this area of the law arose in the case of Ling Chung Yee Roy. The District Court, presided by District Judge Ng Peng Hong, had to decide whether the accused was guilty of an animal cruelty offence under s. 42(1)(e) of the Animals and Birds Act. The majority of animal cruelty complaints were against pet owners, of which a significant number concerned the …
Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border,
2014
Georgetown University Law Center
Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border, Marya Torrez
Cardozo Journal of Equal Rights & Social Justice
The article argues that the oppression of nonhuman animals and marginalized humans, particularly women of color and low-income women, are deeply interconnected, especially through reproductive exploitation. It contends that the reproductive justice movement must expand its scope to include nonhuman animals, as their exploitation mirrors and perpetuates the oppression of marginalized humans. The article emphasizes that achieving true reproductive justice requires addressing the intertwined systems of domination based on species and sex.
For The Birds: Wind Energy, Dead Eagles, And Unwelcome Surprises,
2014
Alexander Blewett III School of Law at the University of Montana
For The Birds: Wind Energy, Dead Eagles, And Unwelcome Surprises, Sam Panarella
Faculty Law Review Articles
Wind turbines kill birds. A lot of birds. You would be hard pressed to find someone who is happy with that fact, including anyone in the wind energy development community. But until and unless there are technological advances in wind turbine design that eliminate their deadly impact on birds, it is something we must accept. Of course, acceptance does not and should not mean issuing a blank check to wind energy developers to wantonly injure birds. To do so would violate both the spirit and letter of a host of environmental laws that have at their core a stubborn insistence …
The Spirit Of The Buffalo: The Past And Future Of An American Plains Icon,
2014
Brooklyn Law School
The Spirit Of The Buffalo: The Past And Future Of An American Plains Icon, William Holland
Animal Law Review
Though bison are iconically associated with the United States, their historical fortunes have often been opposite those of the U.S. As the nation expanded westward, government policy, demand for bison products, and changing land use perilously reduced bison numbers. Efforts to restore bison have been complicated by overlapping legal concerns: state, federal, tribal, and constitutional. This Note examines the legal context surrounding bison restoration, focusing particularly on the critical herd connected with Yellowstone National Park. Former members of the Yellowstone herd, in turn, are the subjects of the Montana Supreme Court's 2013 ruling in Citizens for Balanced Use v. Maurier, …
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia,
2013
West Virginia University College of Law
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.
West Virginia Law Review
In the hills of Appalachia sing the hymns of the faithful, preaching a belief in the handling of snakes to prove loyalty to God. In West Virginia, persons may take up poisonous reptiles and pass them amidst crowds in the name of religion without legal restraints. While other states prohibit snake- handling in the name of safety, West Virginia law remains void on the issue. This Article introduces the practice of snake-handling and examines the risks posed by taking up poisonous animals whose bite may cause serious injury or death. This Article then suggests how the West Virginia law may …
Protecting The Pachyderm: The Significance Of Ivory Trade Regulation For African Elephant Conservation,
2013
Benjamin N. Cardozo School of Law
Protecting The Pachyderm: The Significance Of Ivory Trade Regulation For African Elephant Conservation, Sharon Montazeri
Cardozo Journal of International and Comparative Law
The note argues that the Convention on International Trade in Endangered Species (CITES) should have accepted CoP16 Proposal 12 at its 2013 meeting, which sought to prohibit future proposals allowing the trade of elephant ivory for nine years. The proposal aligns with CITES' mission to protect endangered species by eliminating incentives for harmful trade practices. While CITES relies on member states to implement conservation measures, the note contends that a trade ban, coupled with additional protections and public education, is essential to prevent further declines in African elephant populations.
Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca J. Huss
Nevada Law Journal
No abstract provided.
