Animal Law Commons^™

Environment, Ethics, And The Factory Farm, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

Transcript of Symposium: Ethical Implications of the Commercial Use of Animals.

What are the ethics behind factory farming? What are the ethical implications? Specifically, I'd like to focus on the environmental implications. But I define environmental implications a little differently than a lot of folks because I teach animal law.

The Day The Hunter’S Saved The Species, Brian Davis

Student Works

No abstract provided.

Animal Protection Laws Of Singapore And Malaysia, Alvin W. L. See

Research Collection Yong Pung How School Of Law

This article offers an overview and assessment of the laws relating to the protection of animals in Singapore and Malaysia. The focus is on identifying the interpretations of the statutory offences of cruelty that will best promote their objectives and effectiveness.

The Sad Story Of The Northern Rocky Mountain Gray Wolf Reintroduction Program, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

A reflection on the past, present and future of environmental law in this 20th Anniversary Edition offers an opportunity to revisit the Endangered Species Act, particularly the Northern Rocky Mountain States federal wolf reintroduction program. Environmental programs that depend on public support for their effectiveness are problematic when the government fails to understand and compensate for this fact. This essay explores the proposition that the federal government's failure to anticipate and respond to the negative reaction of people adversely affected by proposed solutions to environmental problems is contributing to a lack of progress despite great strides in our scientific understanding. …

Why Changing Norms Is A More Just Solution To The Failed International Regulatory Regime To Protect Whales Than A Trading Program In Whale Shares, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Whales capture the public's imagination like no other wild animal. They have played a central role in "the social construction of modern ecological thought." Indeed, the survival of whales has been a symbol of the environmental movement since the latter quarter of the twentieth century, when the "slogan 'save the whales' was a call to arms to save the planet from humanity's folly. " Stories about whale conservation implicate cultural clashes, interspecies morality, and global politics. They offer lessons in how not to manage a natural resource, and simultaneously show how both governmental and individual activism can overcome this mismanagement …

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.

Service Animals In Training And The Law: An Imperfect System., Darcie Magnuson

The Scholar: St. Mary's Law Review on Race and Social Justice

The Americans with Disabilities Act (ADA) does not provide protection for service animals in training anywhere in public places, including workplaces and government buildings. Individual state statutes may or may not grant service animals in training access to places of public accommodations, public buildings, or places of employment. Similarly, neither the Air Carrier Access Act (ACAA) nor the Fair Housing Act (FHA) Amendments afford rights and privileges in air transportation and housing, respectively, to service animals in training. Without service animals, individuals with disabilities would not be able to equally access society or fully participate in many activities. However, without …

The Thirteenth Amendment Won't Help Free Willy., Sheri Flannery

The Scholar: St. Mary's Law Review on Race and Social Justice

Orcas are not afforded any relief under the Thirteenth Amendment. Animal rights advocates, namely People for the Ethical Treatment of Animals (PETA), alleged animals have the right to be free from slavery and involuntary servitude as guaranteed by the Thirteenth Amendment. Although the Thirteenth Amendment has been extended beyond African slavery, its protections have never been granted to anything other than human beings. The United States Supreme Court’s examination and interpretation of the Thirteenth Amendment concluded that animals are not afforded such protections under this amendment. The Court reasoned that the Thirteenth Amendment only applied to humans and not animals. …

Cows V. Capitalists: Visions Of A Post-Carbon Economy, Alison Peck

Journal of Food Law & Policy

I was tempted to entitle this book review something like, "Why the Farm Bill Is the Key to Our Energy Future (Hint: It's Not About Ethanol, Methane Emissions, or Carbon Sinks)." But in addition to being too long to fit across the header of a law review page, such a title would have been slightly misleading. Actually, in Simon Fairlie's view, our future is about ethanol, methane emissions, and carbon sinks - but not in the way our current agricultural policies understand and deal with these subjects.

Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review

A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)

On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …

Non-Economic Damages In Pet Litigation: The Serious Need To Preserve A Rational Rule, Victor E. Schwartz, Emily J. Laird

Pepperdine Law Review

No abstract provided.

Sustainability & Ethics Of Animal Farming Practices, Joyce Tischler, Bruce Myers, Mark Risse, Terence Centner

Working in the Public Interest Conferences

High-density farming practices in the production of eggs, meat, dairy, and poultry make these products more affordable and more widely accessible— but at what cost? Panelists will discuss the ethics of these practices, as well as the impact on the environment and human health.

Chimpanzee Personhood: Supporting Scientific Documentation, Jonathan Balcombe

Sentience Collection

The aim of this document is to provide scientific support for granting chimpanzees and bonobos the legal status of persons. The studies summarized here have been selected because they show these species to have levels of awareness, cognition, emotionality and virtue that rivals that of their hominid cousins, Homo sapiens. Chimps, like other great apes, have long-term relationships, grieve the loss of a loved-one, can solve complex puzzles, display a sense of justice, and can learn hundreds of signs and put them together in logical sentences.

Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss

Pepperdine Law Review

This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.

Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch

Michigan Journal of International Law

Like many fish, sharks are facing unprecedented overfishing. They have been targeted both directly for their fins and caught accidentally (bycaught) in, for instance, tuna fisheries. This has led to collapsing stocks around the world. Overfishing has led to what has been termed a mass extinction among ocean species, and sharks are no exception-they are in fact especially vulnerable. As a result, many species of sharks are now listed on the Red List of the International Union for Conservation of Nature (IUCN). This problem can only be tackled through coordinated, cooperative action by all states. This Note explores one avenue …

Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman

Law Faculty Publications

Peter Lovenheim owned a small stake in Iroquois Brands, Ltd (Iroquois). He proposed that the corporation discontinue its distribution of one product, pâté de foie gras, because he objected to the treatment of the geese necessary to the production of the product. Under federal regulations, Iroquois was required to include such proposals in the proxy materials it sent out in advance of its annual shareholder meeting unless an exception applied. Iroquois Brands thought it could exclude the proposal because the product in question constituted a trivial part of its business. Lovenheim went to the District Court seeking an order requiring …

Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble

Articles

Kirtland’s warbler is one of many conservation-reliant species listed under the Endangered Species Act (ESA). This species has met recovery goals, but removing it from the protections of the ESA is problematic because of its reliance on ongoing conservation. We define conservation management agreements (CMAs) and describe how they may provide a mechanism to protect conservation-reliant species after delisting. We suggest that CMAs should include four major elements: (1) a conservation partnership capable of implementing management actions at conservation-relevant scales, (2) a conservation management plan based on the management actions in the species’ successful recovery plan, (3) sufficient financial resources …

A State-Based National Network For Effective Wildlife Conservation, Dale Goble

Articles

State wildlife conservation programs provide a strong foundation for biodiversity conservation in the United States, building on state wildlife action plans. However, states may miss the species that are at the most risk at rangewide scales, and threats such as novel diseases and climate change increasingly act at regional and national levels. Regional collaborations among states and their partners have had impressive successes, and several federal programs now incorporate state priorities. However, regional collaborations are uneven across the country, and no national counterpart exists to support efforts at that scale. A national conservation-support program could fill this gap and could …

Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss

Law Faculty Publications

This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. The Article begins by analyzing the federal law applicable to students bringing service and assistance animals to campus. The use of animal-assisted activities on campus is also explored. The Article continues with an examination of policies allowing students to have companion animals in campus housing. Concerns raised by administrators about allowing animals on campus are then considered. Finally, the Article sets forth the measures an educational institution should implement to ensure compliance with the law and proposes actions that can …

United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

Robert J. Stevens, proprietor of “Dogs of Velvet and Steel,” was indicted for marketing dog-fighting videos in violation of 18 U.S.C. §48, a law criminalizing visual or auditory depictions of animals being “intentionally mutilated, tortured, wounded, or killed” if such conduct violated federal or state law where “the creation, sale, or possession [of such materials]” takes place.” The law aimed principally at makers and distributors of “crush videos” wherein women wearing high heels and depicted from the waist down, grind small animals to death. However, the language of 18 U.S.C. §48 extended to dog-fighting as well. Stevens challenged the law …