Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System,
2013
George Mason University School of Law
Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes
Animal Law Review
This Note evaluates the methods advocates have taken toward furthering great ape protection in the United States (U.S.). Many animal advocates argue that abolishing animals’ property status is essential to establishing effective protections; nonetheless, it will take time for our society to accept the concept of legal personhood for animals. Therefore, this Note suggests that for the time being, great ape protection should be framed in a human context, to protect animals within the existing, property-based animal law system. In general, this Note provides background on the property status of animals in the U.S., specifically analyzes the legal status of …
What Is Animal Law?,
2013
School of Law, University of California at Davis
What Is Animal Law?, Jerrold Tannenbaum
Cleveland State Law Review
This Article considers a critically important issue facing the new field of animal law: how to define animal law itself. Two sharply different general approaches to defining the area currently vie for support. One defines animal law as committed to advocacy on behalf of animals, including, for many proponents of this approach, promotion of animal rights. The competing approach defines animal law in a purely descriptive manner, as (roughly) the area of law that relates to animals, whatever substantive principles regarding animals the law may adopt. The Article demonstrates that advocacy-oriented definitions violate fundamental standards of definition and conflict with …
After The Berger Blanc: A Comparative Approach To The Utilitarian Regulation Of Municipal Animal Control,
2013
Dalhousie University Schulich School of Law
After The Berger Blanc: A Comparative Approach To The Utilitarian Regulation Of Municipal Animal Control, Jodi Lazare
Articles, Book Chapters, & Popular Press
In April 2011, Radio-Canada aired an investigative report exposing the cruel treatment of domestic animals by workers at one of Montreal's largest animal shelters. A private business, the Berger Blanc held the majority of municipal contracts for animal control services throughout Montreal. Following the widely-watched exposé, the regulation of domestic animal welfare rose to the top of the agenda both at Montreal's City Hall and Quebec's National Assembly, as citizens demanded a response to the jarring images of cruelty and neglect. The province responded, adopting a regulation to strengthen the legal protection of dogs and cats under Quebec's Animal Health …
After The Berger Blanc: A Comparative Approach To The Utilitarian Regulation Of Municipal Animal Control,
2013
Dalhousie University Schulich School of Law
After The Berger Blanc: A Comparative Approach To The Utilitarian Regulation Of Municipal Animal Control, Jodi Lazare
Articles, Book Chapters, & Popular Press
In April 2011, Radio-Canada aired an investigative report exposing the cruel treatment of domestic animals by workers at one of Montreal's largest animal shelters. A private business, the Berger Blanc held the majority of municipal contracts for animal control services throughout Montreal. Following the widely-watched exposé, the regulation of domestic animal welfare rose to the top of the agenda both at Montreal's City Hall and Quebec's National Assembly, as citizens demanded a response to the jarring images of cruelty and neglect. The province responded, adopting a regulation to strengthen the legal protection of dogs and cats under Quebec's Animal Health …
Putting A Price On Whales To Save Them: What Do Morals Have To Do With It?,
2013
Georgetown University Law Center
Putting A Price On Whales To Save Them: What Do Morals Have To Do With It?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
The author explores the moral implication of a proposal to create an international market in whale shares as an alternative to the dysfunctional International Whaling Commission. She finds the proposal amoral because whales, like humans, have an intrinsic right to life. Since this leaves whales vulnerable to whale hunting nations, she suggests that international environmental organizations might help a whale preservation norm emerge in whaling nations by using education and interventionist activities that focus on whaling’s cruelty to ultimately encourage the citizens and governments of those nations to change their self-image as whale eating cultures.
Front Matter,
2013
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 19, Issue 2, 2013.
Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?,
2013
Florida State University College of Law
Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith
Animal Law Review
In the United States, violent use of “bullhooks”—sharpened, steel-tipped rods—on captive elephants at carnivals, circuses, and zoos is all too routine. Yet animal-welfare advocates struggle to protect elephants from the (mis)use of bullhooks under the current regulatory regime. At the federal level, advocates cannot consistently rely on either the Animal Welfare Act or the Endangered Species Act, due to these statutes’ narrow provisions, standing limitations, and inconsistent enforcement. State animal-protection laws are equally deficient, as only two states have defined suffering and abuse clearly enough in their statutes to enable effective prosecution of elephant mistreatment, and plaintiffs in even these …
Consistently Inconsistent: The Constitution And Animals,
2013
Lewis & Clark Law School
Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan
Animal Law Review
No abstract provided.
2012 State Legislative Review,
2013
Lewis & Clark Law School
A Slave By Any Other Name Is Still A Slave: The Tilikum Case And Application Of The Thirteenth Amendment To Nonhuman Animals,
2013
Lewis & Clark Law School
A Slave By Any Other Name Is Still A Slave: The Tilikum Case And Application Of The Thirteenth Amendment To Nonhuman Animals, Jeffrey S. Kerr, Martina Bernstein, Amanda S. Schwoerke, Matthew D. Strugar, Jared Goodman
Animal Law Review
On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this country—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amendment. The case presented, for the first time, the question of whether the Thirteenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpinnings, and argues that the district court’s opinion ultimately dismissing the suit failed …
Lukumi At Twenty: A Legacy Of Uncertainty For Religious Liberty And Animal Welafere,
2013
Lewis & Clark Law School
Lukumi At Twenty: A Legacy Of Uncertainty For Religious Liberty And Animal Welafere, James M. Oleske Jr.
Animal Law Review
Twenty years after the United States Supreme Court’s decision in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, uncertainty reigns in the lower courts and among commentators over the issue of constitutionally compelled religious exemptions. Despite the Court’s general disavowal of such exemptions in Employment Division v. Smith, Lukumi appeared to breathe life into a potentially significant exception to Smith. Under that exception—which this Article calls the “selective-exemption rule”—the Free Exercise Clause may still require religious exemptions from a law when the government selectively makes available other exemptions from that law. This Article addresses the key unresolved …
The First Animal Law Journal, Twenty Volumes Later,
2013
Lewis & Clark Law School
The First Animal Law Journal, Twenty Volumes Later, Melissa Young
Animal Law Review
Twenty volumes is no small feat for an independently funded, entirely student-run journal. With a total staff of twenty students, including a small Board comprised of Editor in Chief, James Goldstein, Jr.; Managing Editor, William Fig; Articles Editor, Kelly Jeffries; and Form and Style Editor, Benjamin Allen, Animal Law published the inaugural volume of the world’s first animal law journal in 1995.1 This landmark event was the result of the hard work of Lewis & Clark students, with some key support. In this first volume, Animal Law gave “special thanks to Benjamin Allen for his hard work and dedication in …
Front Matter,
2013
Lewis & Clark Law School
Meat Labeling Through The Looking Glass,
2013
Farm Sanctuary
Meat Labeling Through The Looking Glass, Bruce Friedrich
Animal Law Review
The United States Department of Agriculture (USDA) regulates meat labeling under the statutory authority of the Federal Meat Inspection Act (FMIA). The FMIA’s labeling preemption clause prohibits labeling requirements beyond federal requirements, and would thus preclude state causes of action on the basis of deceptive labels that were properly approved under federal law. Through the eyes of Kat, a hypothetical consumer concerned with the origins of the meat she purchases for her family, this Article argues that consumers should be able to pursue state law claims based on fraudulent animal welfare labels on packages of meat. This is true for …
Legislation To Protect The Welfare Of Fish,
2013
Lewis & Clark Law School
Legislation To Protect The Welfare Of Fish, Kelly Levenda
Animal Law Review
This Article examines the marginalization of fish under current animal welfare laws and regulations, explores the treatment of farm-raised fish during transport and slaughter, and proposes legislation and regulations in these two areas. While evidence indicates that fish are capable of experiencing pain, fear, and suffering—the traditional considerations informing concepts of animal welfare—current pre-slaughter transport and slaughter practices are completely uninformed by notions of fish welfare. Comparing the cognitive and sensory capacities of fish to other animals currently receiving animal welfare recognition through official regulation, this Article argues that protections afforded to animals during transport and slaughter should similarly apply …
Not Alll Dogs Go To Heaven: Judaism's Lessons In Beastly Morality,
2013
Emory University School of Law
Not Alll Dogs Go To Heaven: Judaism's Lessons In Beastly Morality, Mark Goldfeder
Animal Law Review
This Essay examines the moral status of animals and the definition of humanity under traditional Jewish law, as contained in Biblical texts and commentaries by ancient and historical Jewish scholars. Examining whether animals are capable of moral behavior, it provides examples from various Judaic sources to support the idea that animals are capable of making conscious, moral choices. This Essay goes on to investigate the effect that morality has on the rights and rewards given to animals under Jewish law, and whether, as conscious moral actors, animals have souls. Turning more broadly to the definition of humanity, this Essay discusses …
Reconciling The Migratory Bird Treaty Act With Expanding Wind Energy To Keep Big Wheels Turning And Endangered Birds Flying,
2013
Seton Hall University School of Law
Reconciling The Migratory Bird Treaty Act With Expanding Wind Energy To Keep Big Wheels Turning And Endangered Birds Flying, Robert J. Martin, Rob Ballard
Animal Law Review
The Migratory Bird Treaty Act (MBTA) has proven invaluable in minimizing the destruction of the 240 avian species listed by its enforcement agency, the United States Fish and Wildlife Service (FWS), as “endangered or threatened” or “birds of conservation concern.”Recently, however, the Act is faced with a new challenge: How can it continue to achieve its objective when a highly desirable domestic source of sustainable energy—wind power—is experiencing unprecedented growth? Ever-larger wind projects propelled by giant turbines have become a serious danger to the existence of migratory birds and their natural habitats. Yet most policy makers strongly welcome and support …
Shocked, Horrified, Sickened: How Cigarettes (And The Lessons From The Tobacco Litigation) Can Take Years Off Animal-Based Food Industries,
2013
Lewis & Clark Law School
Shocked, Horrified, Sickened: How Cigarettes (And The Lessons From The Tobacco Litigation) Can Take Years Off Animal-Based Food Industries, Amanda Winalski
Animal Law Review
Animal-based food industries—meat, egg, and dairy—have a history of opposing even relatively minor attempts to reduce human consumption of animal-based foods. In the face of growing evidence that eating meat, eggs, and dairy is detrimental to human health, these industries and their supporters maintain the opposite: that these foods are essential for a healthy diet and have no negative impact as normally consumed. Recognizing parallels between animal-based food industries and another industry heavily invested in maintaining the notion that its product was benign as normally consumed, this Article argues the tobacco litigation saga holds instructive lessons for combatting the current …
A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops,
2013
Western New England University School of Law
A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull
Student Competition & Published Writings
The locavore movement and similar trends in sustainable agriculture and health are renewing interest in backyard residential chicken coops. This Article analyzes some of the regulatory approaches cities and towns have taken to address backyard residential chicken coops. The Article focuses on how regulation can support and encourage the beneficial aspects of keeping backyard chickens while mitigating the potential harmful impact of excessive or irresponsibly managed residential chicken coops. In particular, the Article examines common trends in local regulation, like limits on the number and sex of birds allowed in each residential yard, setback and structural requirements, and animal welfare …
The Day The Hunter’S Saved The Species,
2013
Seton Hall Law
The Day The Hunter’S Saved The Species, Brian Davis
Student Works
No abstract provided.
