Protecting Equine Rescue From Being Put Out To Pasture: Whether Ranches Dedicated To Abused, Abandoned, And Aging Horses May Qualify For "Agricultural" Classifications Under Florida's Greenbelt Law,
2011
University of Florida Levin College of Law
Protecting Equine Rescue From Being Put Out To Pasture: Whether Ranches Dedicated To Abused, Abandoned, And Aging Horses May Qualify For "Agricultural" Classifications Under Florida's Greenbelt Law, Michael T. Olexa, Joshua A. Cossey, Katherine A. Smallwood
UF Law Faculty Publications
Florida's equestrian community is currently experiencing an influx of horse owners and equestrian facilities. This generates opposition within those counties refusing to recognize equestrian property uses as “agricultural.” Subject to the restrictions set out in section 193.461 of the Florida Statutes (otherwise known as the Greenbelt Law) only property “used primarily for bona fide agricultural purposes shall be classified agricultural.” This article addresses whether the use of property to board, train, and graze abused, abandoned, and aging horses (referred to throughout this paper as “rescue” horses) should fall under the Greenbelt Law‟s “agricultural” tax classification. Several points support classifying rescue …
Migration Conservation: A View From Above,
2011
Indiana University Maurer School of Law
Migration Conservation: A View From Above, Robert L. Fischman
Articles by Maurer Faculty
The extinction prevention focus of natural resources policy diverts attention from important issues of ecological integrity and adaptation to climate change. Animal migration conservation serves as a bridge from the imperiled species problem to the more spatially and temporally difficult problems surrounding climate change adaptation. Conserving abundant animal migrations both strengthens the resilience of the ecosystems in which they function and tests the resilience of social institutions responsible for adaptation. This essay synthesizes the findings of a two-year, interdisciplinary study of animal migration conservation. It also introduces the articles that follow in a symposium issue of the journal, Environmental Law.
The Beasts In The Jungle: Animal Welfare In International Law,
2011
Schulich School of Law, Dalhousie University
The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes
LLM Theses
Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on …
Introduction To The Environmental Law And Justice Symposium Issue,
2011
Florida A & M University College of Law
Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs
Florida A & M University Law Review
No abstract provided.
Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change,
2011
Indiana University Maurer School of Law
Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert Adamcik
Articles by Maurer Faculty
Over the last two decades, the U.S. Fish and Wildlife Service (“FWS”) has come to define its conservation mission in the context of species protection. The concept of “trust species” is now a common focal point for the myriad responsibilities of the FWS. This has become problematic for one of the major programs of the agency: management of the world’s largest biodiversity conservation network, the national wildlife refuge system (“NWRS”). A major legislative overhaul of the NWRS charter and the imperatives of climate change adaptation have weakened the concept as a reliable touchstone for NWRS management and expansion. The FWS …
Migratory Connectivity And The Conservation Of Migratory Animals,
2011
American University Washington College of Law
Migratory Connectivity And The Conservation Of Migratory Animals, David Hunter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law,
2010
University of Illinois, Champaign
United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr
Journal of Food Law & Policy
This edition of the Food Law Update explores four legal issues arising in the first half of 2010 reflective of the diverse nature of the food law specialist. As the national debate surrounding the merits of health care reform dominated the legislative agenda, this article first will discuss the food labeling rules embedded within section 4205 of the Patient Protection and Affordable Care Act of 2010. The authors then analyze the preemptive reach of the Federal Food, Drug, and Cosmetic Act and the Meat Inspection Act with respect to three separate California statutes regarding animal welfare standards, retail labels on …
The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia,
2010
William & Mary Law School
The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook
William & Mary Bill of Rights Journal
No abstract provided.
Animal Law In Nevada: All Bark And No Bite,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Animal Law In Nevada: All Bark And No Bite, Kathleen Wilde
Nevada Law Journal
No abstract provided.
Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone,
2010
Preis & Roy, PLC, Lafayette
Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum
Journal of Food Law & Policy
Like other environmental resources subject to public use, various interest groups struggle over joint management of scarce fisheries resources. Further, differing goals for resource management, such as financial goals versus conservation goals, frequently pit regional groups against one another. In some cases, regional interests may conflict with overall national interests. As goes the water and the air, so go the fish.
Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale,
2010
Salve Regina University
Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor
Pell Scholars and Senior Theses
Poaching and animal trafficking is a global issue in the areas of biology, morality and politics. This paper will discuss the different areas of impact as well as consider options for the prevention and alleviation of this issue.
Whales: Their Emerging Right To Life,
2010
Northwestern University School of Law
Whales: Their Emerging Right To Life, Anthony D'Amato, Sudhir K. Chopra
Faculty Working Papers
We have contended in this article that the evolution of the opinio juris of nations has encompassed five, and perhaps six, inexorable qualitative stages: free resource, regulation, conservation, protection, preservation and entitlement. We have argued that assigning whales an entitlement to life is the consequence of an emerging humanist right in international law — an example of the merging of the "is" and the "ought" of the law in the process of legitimization
What Is The Scope Of The Duty To Provide Veterinary Care?,
2010
University of Maryland School of Law
What Is The Scope Of The Duty To Provide Veterinary Care?, Susan J. Hankin
Faculty Scholarship
State criminal laws prohibiting cruelty to animals -- which includes both abuse and neglect -- have provided the primary means through which our legal system has protected animals. In some states, including Maryland, Virginia, and the District of Columbia, these laws include explicit provisions that require owners to provide their animals with veterinary care. In other jurisdictions, such a duty has been implied from more general anti-cruelty language. None of these laws, however, make clear what level of care is required. They also leave unanswered the question of whether the treatment choices of owners who do seek care for an …
A Fish Tale: A Small Fish, The Esa, And Our Shared Future,
2010
University of Idaho, College of Law
A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble
Articles
The objective of the Endangered Species Act is to "recover" imperiled species and thus to render the Act's conservation tools unnecessary To achieve this goal, the drafters of the Act crafted a linear process that begins with an assessment of the threats facing the species and moves through the elimination of those threats to the recovery and delisting of the species. It has become increasingly apparent over the past decade that few species fit this model- most species face threats-altered habitats and competition with invasive species-that cannot be eliminated. These species are "conservation reliant" because they will require ongoing conservation …
Conservation-Reliant Species And The Future Of Conservation,
2010
University of Idaho, College of Law
Conservation-Reliant Species And The Future Of Conservation, Dale Goble
Articles
Species threatened with extinction are the focus of mounting conservation concerns throughout the world. Thirty-seven years after passage of the U.S. Endangered Species Act in 1973, we conclude that the Act’s underlying assumption—that once the recovery goals for a species are met it will no longer require continuing management—is false. Even when management actions succeed in achieving biological recovery goals, maintenance of viable populations of many species will require continuing, species-specific intervention. Such species are “conservation reliant.” To assess the scope of this problem, we reviewed all recovery plans for species listed as endangered or threatened under the Act. Our …
The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010),
2010
UIC School of Law
The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes
UIC Law Review
No abstract provided.
With A Little Help From My Friends: The Attorney's Role In Assisting Pro Se Litigants In Negotiations,
2010
Nova Southeastern University - Shepard Broad Law Center
With A Little Help From My Friends: The Attorney's Role In Assisting Pro Se Litigants In Negotiations, Lynn A. Epstein
Faculty Scholarship
In these difficult economic times, more litigants are attempting to handle their lawsuits without hiring attorneys. Even without seeking formal representation, these pro se litigants may want some assistance from attorneys. This advice seeking may be especially prevalent in the area ofnegotiation where no formalized procedures are in place but where the consequences of an inadequate settlement are disastrous for the self-represented Attorneys may want to assist pro se litigants in their negotiations but feel reluctant to do soforfear of triggering an attorney-client relationship and its accompanying malpractice exposure. Attorneys who are reluctant to give informal advice to pro se …
Exploring Animal Rights As An Imperative For Human Welfare,
2010
St. Thomas University School of Law
Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass
West Virginia Law Review
No abstract provided.
Teaching Posthumanist Ethics In Law School: The Race, Culture, And Gender Dimensions Of Student Resistance,
2010
University of Victoria School of Law
Teaching Posthumanist Ethics In Law School: The Race, Culture, And Gender Dimensions Of Student Resistance, Maneesha Deckha
Animal Law Review
This Essay challenges laws’ hegemonic humanist boundaries by analyzing the challenges involved in mainstreaming posthumanist subjects into the legal curricula. Posthumanist subjects in legal education are perceived as marginal and unworthy of serious discussion and scholarship. The author identifies the problems that can arise in introducing posthumanist critical content through her experience of teaching animal law as an optional course and as a part of a compulsory first-year course on property law and in advising on an upper-year student-led conference. She argues that the biases related to gendered, racialized, and otherwise differentiated norms inherited by the legal education system as …
Incorporating Animal Law Into Private Practice,
2010
Lewis & Clark Law School
Incorporating Animal Law Into Private Practice, Holly Anne Gibbons
Animal Law Review
No abstract provided.
