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Author
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Article Name
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Summary
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(various - conference proceedings)
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Legal Status of Nonhuman Animals
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On September 25, 1999, a distinguished group of legal scholars met in New York City at the 5th Annual Conference on Animals and the Law, hosted by the Committee on Legal Issues Pertaining to Animals of the Association of the Bar of the City of New York, to discuss how the law classifies nonhuman animals and whether the current legal framework is in accord with scientific understanding, public attitudes, and fundamental principles of justice. This conference took a monumental step in facilitating discussion about, and furthering the cause of, the legal protection and welfare of nonhuman animals.
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Cynthia Allen
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Introduction to Initiative and Referendum Chart
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This article provides a short introduction to a detailed chart listing the initiative and referendum process for most states, a list of some general initiatives in these states, and a description of some critical referendums from the past five years. The listing of states provides a link to the relevant state listing on the companion chart.
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Cynthia Allen (initially created); updated by Rebecca F. Wisch
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State Chart of Initiatives and Referendums
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This chart provides a list of the initiatives from all 50 states for the past five years. Links to the text of the initiatives are provided by links.
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Cynthia Allen (initially created); Updated by Rebecca F. Wisch
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State Initiative and Referendum Chart
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This chart provides an overview of the state initiative and referendum process for various states. Included is a description of some recent general animal law referendums as well as several critical referendums from the last five years.
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Robert S. Anderson
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The Lacey Act: America's Premier Weapon in the Fight Against Unlawful Wildlife Trafficking
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Part I of this article discusses the scope of the illegal wildlife trade and the various federal statutes addressing that problem. Part II discusses the legislative history of the Lacey Act and its companion statute, the Black Bass Act, including their ultimate combination into one law in 1981 and the Lacey Act's latest amendments in 1988. Part III discusses the elements necessary to prove a Lacey Act trafficking violation, analyzes judicial interpretations of the Act's statutory language, and considers available sanctions. Part IV discusses issues that may arise in Lacey Act litigation, including specific requirements of the underlying "predicate" law.
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Lydia S. Antoncic
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HOW TROUBLING YOUTH TRENDS AND A CALL FOR CHARACTER EDUCATION ARE BREATHING NEW LIFE INTO EFFORTS TO EDUCATE OUR YOUTH ABOUT THE VALUE OF ALL LIFE
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The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. If a society succeeds in this, that society is about to perish. The obligation of anyone who thinks of himself as responsible is to examine society and try to change it and to fight it—at no matter what risk. This is the only hope society has. This is the only way societies change.
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Catherine J. Archibald
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Legal Overview of the Recovery of the Gray Wolf Under the Endangered Species Act
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The gray wolf was almost extinct in the lower 48 states of the United States by the mid 1900s. Thanks to the Endangered Species Act, the gray wolf may be well on its way to recovery. Issues still remain as the wolf's successful repopulation may signal an end to its full protection under federal laws.
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Catherine J. Archibald
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The Recovery of the Gray Wolf Under the Endangered Species Act
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The gray wolf was persecuted almost to extinction in the United States. Under the Endangered Species Act, the gray wolf has made a great recovery. Several legal issues are still unresolved however.
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Addie Patricia Asay
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Greyhounds: Racing to Their Deaths
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Following the introduction, Part II considers the history of the greyhound and the path that led to greyhound racing. Part III discusses the abuse inflicted on greyhounds, and animals used in their training, that has been prosecuted under anti-cruelty statutes. Part IV considers the institutionalized abuse and mistreatment of greyhounds not punished under anti-cruelty statutes. Part V attempts to discover why anti-cruelty statutes have not protected greyhounds adequately. Part VI counters the argument that, because the racing industry is in economic decline, the market should be left to deal with the problem, while Part VII asserts that the most effective way to protect greyhounds is to abolish greyhound racing through a voter-initiative-and- education campaign, which would focus on the abuses experienced by the greyhounds and the costs--moral, physical, and economic--to society because of greyhound racing.
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Kyle Ash
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INTERNATIONAL ANIMAL RIGHTS: SPECIESISM AND EXCLUSIONARY HUMAN DIGNITY
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The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving biodiversity, a subjugating conceptualization of other species has inhibited the development, application, and legitimacy of the principle of sustainability. The belittling view of other species in relation to ourselves also creates inconsistencies within international law and undermines the integrity and sophistication of its development. International human rights law is especially affected.
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Steven J. Bartlett
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Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks
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That animals are legally considered property is by all accounts a huge obstacle to animal rights advocates. The stumbling blocks do not end, or even really begin for that matter, there. Human characteristics such as narcissism and cruelty also play an important role in holding back animal advancements. Professor Bartlett argues that in order to make progress for animal interests, advocates must confront these other, perhaps more fundamental, hurdles straight on.
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Steven J. Bartlett
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Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks
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Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.
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Douglas E. Beloof
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Crime Victims’ Rights: Critical Concepts for Animal Rights
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This essay is written by a legal advocate in a socio-legal movement, the crime victims' rights movement, to legal advocates in the animal rights movement. It addresses three issues from the perspective of an outsider to the animal rights movement. First, the essay addresses the problems in the relationship between rights philosophy and successful legal rights advocacy; second, the essay reviews two animal rights legal advocate strategies of incrementalism and the common law coup; finally, the essay concludes with three practical suggestions for the animal rights movement about joining a part of the victims' rights movement to reach mutually identified goals.
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Colin Berry, M.S., Gary Patronek, V.M.D., Ph.D., and Randall Lockwood, Ph.D.
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LONG-TERM OUTCOMES IN ANIMAL HOARDING CASES
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Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarder, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports.
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Gerry W. Beyer
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Pet Animals: What Happens When Their Humans Die?
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(From article) This article chronicles the evolution of enforcing after-death gifts for the benefit of pet animals. Part II reviews the common law background. Part III details the wide variety of approaches adopted by United States courts, legislatures, and commentators. These approaches treat after-death gifts for pets in three basic categories: (1) invalid; (2) tolerated, but not enforceable; and (3) valid and enforceable. After establishing the current milieu in which a pet owner must function, Part IV recommends the steps an owner may take to maximize the chances of the pet receiving the desired care after the owner's death.
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Patricia A. Bolen
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Lost and Found: Humane Societies' Rights and Obligations Regarding Companion Animal Ownership
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This article discusses when ownership of a dog that is lost or relinquished by its owner transfers to an animal shelter. The shelter's property rights in a found animal vary depending on whether the animal is licensed or unlicensed, stray or abandoned. Each state has its own rules regarding how long a shelter must keep an animal before transferring ownership to a third party.
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Tina S. Boradiansky
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Conflicting Values: The Religious Killing of Federally Protected Wildlife
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This Comment explores the current conflict between federal wildlife protection and Indian religious use of animals which reflects this philosophical debate.
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Alissa Branham
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Overview of Philosophy and Animals
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This overview examines the historical philosophical figures who have contributed to the modern animal rights and welfare movement.
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Alissa Branham
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Detailed Discussion of Philosophy and Animals
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This discussion examines the historical philosophical figures who contributed to the animal rights and welfare movement. Included are the philosophies of Rene Descartes, Immanuel Kant, and John Stuart Mill.
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Kate Brewer
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Housing Discrimination and Companion Animals
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This overview discusses the federal laws that prohibit landlords from denying housing to individuals with mental or emotional disabilities who need companion animals to lessen the effects of the disability. The factors in proving the companion animals qualify as "reasonable accommodations" under law are also outlined.
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Kate A. Brewer
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Emotional Support Animals Excepted From "No Pets" Lease Provisions Under Federal Law
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Federal statutes provide protection for disabled persons against housing discrimination. These statutes and corresponding case law hold that an emotional support animal is a reasonable accommodation for a mentally disabled person, and if a landlord fails to waive a no pets policy to allow the emotional support animal in rental housing, the landlord is in violation of federal laws.
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Amy L. Broughton
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Cropping and Docking: A Discussion of the Controversy and the Role of Law in Preventing Unnecessary Cosmetic Surgery on Dogs
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This article describes the procedures of tail docking and ear cropping, the history of the procedures, their place in modern veterinary care, and discuss the positions of advocates both for, and against these procedures. Additionally, this article explains the ways in which the law is being used internationally in preventing these unnecessary procedures, and the ways that current and future American anti-cruelty laws can be used to put a stop to this epidemic.
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Mary Stanfield Bubbett
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In the Doghouse or in the Jailhouse?: The Possibility of Criminal Prosecution of the Owners of Vicious Dogs in Louisiana
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This comment first addresses the established trend in Louisiana of holding dog owners ever more accountable for the damage their dogs cause. Second, this comment explores the emergence of criminal prosecution of dog owners around the country for their animal's actions and its impact on Louisiana jurisprudence. Third, this comment explores the possibility that the prosecution of an owner of a vicious dog might result in a conviction for either negligent homicide or negligent injuring in Louisiana. Finally, this comment proposes a legislative change that ensures those who own killer dogs and carelessly keep them will be punished.
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Katherine A. Burke
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Can We Stand for It? Amending the Endangered Species Act with an Animal-Suit Provision
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This article argues that the intent of the ESA would be realized if the standing requirements under the act were expanded to include an animal-suit provision in addition to the citizen-suit provision. The article begins with a brief discussion of the legislative history and the statutory requirements of the ESA, and then delineates the doctrine of standing generally. It concludes that the enactment of an animal-suit provision in the ESA would be consistent with the intent behind the ESA, would be a valid exercise of congressional power, would satisfy the principles inherent in the Court's approach to standing, and could be comfortably realized through next friend representation of qualified animal plaintiffs.
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Devin Burstein
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BREED SPECIFIC LEGISLATION: UNFAIR PREJUDICE AND INEFFECTIVE POLICY
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This comment examines breed specific legislation--the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.
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Elaine T. Byszewski
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COMMENTS VALUING COMPANION ANIMALS IN WRONGFUL DEATH CASES: A SURVEY OF CURRENT COURT AND LEGISLATIVE ACTION AND A SUGGESTIONS FOR VALUING PECUNIARY LOSS OF COMPANIONSHIP
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Because it is exceedingly difficult to measure the value of “companionship” in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward “investment approach” to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals.
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Angela Campbell
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Could a Chimpanzee or Bonobo Take the Stand?
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Ms. Campbell analyzes the federal witness competency standards and applies them to the current scientific knowledge of chimpanzees and bonobos. Such comparisons indicate that chimpanzees and bonobos could potentially meet these standards and therefore be legally competent witnesses in certain circumstances.
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Varu Chilakamarri
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TAXPAYER STANDING: A STEP TOWARD ANIMALCENTRIC LITIGATION
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This comment takes a novel approach in animal law jurisprudence by evaluating the taxpayer standing doctrine and how animal welfare proponents may utilize it. The doctrine can potentially be used for public interest litigation whenever a link can be found between a social harm and the use of public monies.
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Emilie Clermont, Legislative Review Editor
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2003 LEGISLATIVE REVIEW
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This article provides an overivew of animal-related legislation from 2003.
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State of Colorado Department of Agriculture
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Chronic Wasting Disease In Domesticated Elk
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This document provides a short overview of the disease cycle and transmission of Chronic Wasting Disease (CWD)among the elk herd in Colorado. It also outlines the steps the State of Colorado is taking to ensure detection of the disease in wild and domestic herds of bovine animals.
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Krista Cotter
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Overview of Regulation for Nonessential Experimental Populations of the Western Distinct Population Segment (DPS) of the Gray Wolf
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This overview compares the proposed regulation (68 FR 15879) and the changes made in the recent final rule (70 F.R. 1286) that concerns the Western Distinct Population Segment for the Gray Wolf (Canis lupus).
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Krista Cotter
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Overview of Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the California Tiger Salamander; and Special Rule Exemption for Existing Routine Ranching Activities
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The FWS through this rule has designated a critical habitat in Santa Barbara County, California for the California Tiger Salamander (Ambystoma califoniese) (CTS) pursuant to the Endangered Species Act of 1973. This rule fulfills the final requirements of the settlement agreement reached in Center for Biological Diversity v. U.S. Fish and Wildlife Service. The reason for the designation of critical habitat for the CTS is the net loss in CTS grazing land over a 10 – 12 year period due to extensive farming, regardless of the efforts made to increase the amount of suitable grazing land. As a result of the designation of land as critical habitat for the CTS, federal agencies will have to consult with the FWS prior to undertaking or authorizing activities that may impact the habitat.
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Krista Cotter
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Summary of Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Arroyo Toad (Bufo californicus)
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This rule designates 11,695 acres of critical habitat for the arroyo toad in Santa Barbara, Ventura, Los Angeles, San Bernardino and Riverside counties in California. FWS had to designate critical habitat for the arroyo toad as a result of a settlement agreement in Center for Biological Diversity v. United States Fish and Wildlife Service. The critical habitat was designated in accordance with the Endangered Species Act of 1973 and its amendments. This specific critical habitat is a revision of the final rule on arroyo toad critical habitat designation of 2/1/01 (69 FR 9414), which was deemed deficient and was overruled. The current habitat is designated pursuant to court order stemming from Building Industry Legal Defense Foundation v. Gale Norton, Secretary of the Interior, which ordered FWS to publish a new critical habitat designation for the arroyo toad.
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Krista M. Cotter
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Critical Habitat Summary for Mariana Fruit Bat
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This final rule downgrades the Mariana fruit bat from endangered to threatened throughout its range in the Mariana archipelago, which is subject to US jurisdiction. The reason for the down grade is the FWS initially made a mistake in the taxonomy of the Mariana fruit bat. When the FWS listed the bat as endangered on Guam in 1984, it believed that the bat was a species only endemic to Guam. Since that time, the FWS has discovered that the bat is endemic to the entire Commonwealth of the Northern Mariana Islands (CNMI) and the Territory of Guam.
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Krista M. Cotter
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Critical Habitat Summary for five river mussel species
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The FWS has designated designate 13 river and stream segments in the Tennessee Cumberland River Basins, for a total of approximately 885 river as critical habitat for five endangered mussels: Cumberland elktoe (Alasmidonta atropurpurea), oyster mussel (Epioblasma capsaeformis), Cumberlandian combshell (Epioblasma brevidens), purple bean (Villosa perpurpurea), and rough rabbitsfoot (Quadrula cylindrica strigillata). All five mussels belong to the Unionidae family.
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Krista M. Cotter
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Critical Habitat Summary for the Bull Trout
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This final rule is written to designate a critical habitat for the Klamath River and Columbia River populations of Bull Trout. The critical habitat designation includes approximately 1,748 miles of streams and 61,235 acres of lakes and marshes. The reason for this designation is that at the time of listing, there are only seven remaining non-migratory populations of bull trout, and the designation is mandatory pursuant to a court order.
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Krista M. Cotter
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Critical Habitat Summary for Buena Vista Lake Shrew
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Final rule by the FWS designating a critical habitat for the Buena Vista Lake Shrew, consisting of 84 acres, in accordance with the 1973 Endangered Species Act. The shrew was listed as endangered through a final rule that was published in the Federal Register on March 6, 2002 (67 FR 10101). The designation of the critical habitat for the shrew was made pursuant to a judicial order from the United States District Court for the Eastern District of California. The order arose from Kern County Farm Bureau v. Badgley, U.S. Dist, LEXIS 24125, 2002.
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Krista M. Cotter
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Critical Habitat Summary for Topeka Shiner
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This rule is a correction to a previous final rule designating critical habitat for the Topeka Shiner (Notropis Topeka), published in the Federal Register on July, 24, 2004 (69 FR 44736). In the previous final rule, the FWS designated as critical habitat 1,356 kilometers of stream in Iowa, Minnesota, and Nebraska. They excluded from designation all previously proposed critical habitat in Kansas, Missouri, and South Dakota, and excluded the Fort Riley Military Installation in Kansas from critical habitat designation.
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Krista M. Cotter
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Critical Habitat Summary for Santa Ana Sucker
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Under this final rule, the FWS has designated critical habitat for the Santa Ana Sucker, in 3 noncontiguous populations in The lower and middle Santa Ana River in San Bernardino, Riverside, and Orange counties; the East, West, and North Forks of the San Gabriel River in Los Angeles County; and lower Big Tujunga Creek, a tributary of the Los Angeles River in Los Angeles County. We have identified 23,719 acres (ac) (9,599 hectares (ha)) of aquatic and riparian habitats essential to the conservation of the Santa Ana sucker.
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Krista M. Cotter
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Critical Habitat Summary for riverside fairy shrimp
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FWS has designated critical habitat pursuant to section 3 of the Endangered Species Act (ESA) for the federally endangered riverside fairy shrimp that encompasses 306 miles within Ventura, Orange, and San Diego Counties in California. The riverside fairy shrimp is a freshwater crustacean that is found in vernal pools (a shallow depression that fills with rainwater and does not drain into the lower drainage section) in the coastal California area. The shrimp is the second most primitive living crustacean and is the most recently discovered crustacean in California.
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Krista M. Cotter
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Critical Habitat Summary for Boulder Darter and Spotfin Chub
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This final rule is a collaborative effort between the FWS and the states of Tennessee and Alabama and Conservation Fisheries, Inc. to reintroduce the boulder darter (Etheostoma wapiti), an endangered fish, and the spotfin chub (Cyprinella (=Hybopsis) monacha), a threatened fish to its historical habitat in Lauderdale County Alabama and Lawrence County, Tennessee. This rule provides for Non-essential Experimental Populations (NEP) within the designated area and it establishes limited allowable legal takings in that area. Additionally, this rule also changes the scientific name of the spotfin chub from Cyprinella (=Hybopsis) monacha to Erimonax monachus, to reflect a recent change in the scientific literature.
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Sunrise Cox
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2005-2006 LEGISLATIVE REVIEW
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This article provides an overview of state and federal legislation from 2005 - 2006.
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Mary W. Craig
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JUST SAY NEIGH: A CALL FOR FEDERAL REGULATION OF BYPRODUCT DISPOSAL BY THE EQUINE INDUSTRY
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This article discusses the thousands of foals born each year that are bred for industrial purposes. These foals must then be disposed of as unwanted byproducts of the equine industry. PMU mares are bred to collect urine rich with hormones used in the production of a drug to treat menopausal symptoms. Nurse mares are bred to produce milk to feed foals other than their own. If adoptive homes cannot be found quickly, both industries dispose of their equine byproducts by slaughtering the foals, and sometimes the mares, for profit or convenience. This paper calls for an amendment to the Animal Welfare Act enabling the Department of Agriculture to regulate the PMU and nurse mare farms, and requiring both industries to responsibly dispose of these horses.
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Paul J. Cucuzzella
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The Mute Swan Case, the Fund for Animals, et al. v. Norton, et al: National, Regional, and Local Environmental Policy Rendered Irrelevant by Animal Rights Activists
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This article suggests that an obstruction of sound environmental policy occurred in 2003 when The Fund for Animals used the National Environmental Policy Act to prevent the U.S. Fish and Wildlife Service and the Maryland Department of Natural Resources from implementing a plan to cull the population of mute swans in the Chesapeake Bay. The author suggests that there is no question that feral mute swans (cyngus olor) are harmful to the native habitats of the Chesapeake Bay. The research and scientific record into the effects of non-native mute swans on native environs is both extensive and comprehensive.
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Larrry Cunningham
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The Case Against Dog Breed Discrimination By Homeowner's Insurance Company
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This article deals with the issue of homeowners insurance companies that what to deny or change coverage of insurance based upon the presence of any or specific breeds of dogs being on the premises.
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Larry Cunningham
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The Case Against Dog Breed Discrimination by Homeowners' Insurance Companies
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Part I of this article gives an overview of the problem: dog breed discrimination by insurers, as well as a related problem of breed-specific legislation by some states. Part II analyzes the major scientific studies on dog bites, showing that no one has adequately proven that some breeds are more inherently dangerous than others. Part III shows that breed discrimination and breed-specific legislation are opposed by most veterinary and animal groups. Part IV demonstrates that insurers have been ignoring the unique and special role that pets play in millions of American homes. Part V shows how the insurance industry is a highly regulated industry which subjects itself to legislative control where, as here, the public is being harmed by underwriting decisions not driven by actuarial justification.
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Suzette Daniels
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An Introduction to Pet in Wills and Pet Euthanasia
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This paper examines several issues related to estate planning and companion animals. Included in the discussion are pet trusts, new provisions of the Uniform Probate Code, and will-stipulated euthanasia of pets.
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Bill Davis
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Rebuilding the Wall
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This essay discusses recent developments in the push towards recognizing rights for nonhuman animal and submits that almost every current advocate for, and critic of, the movement embraces intelligenceism-a cognition-based bias that may well hamper the expansion of rights beyond a small group of human-like nonhuman animals.
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Maneesha Deckha
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THE SALIENCE OF SPECIES DIFFERENCE FOR FEMINIST THEORY
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The article begins in Part I of by examining species difference as a social construction similar to race, gender and other identity and hierarchy markers historically understood as biological. In Part II, while not claiming identicalness in the trajectories of different oppressions, the author discusses how the discursive construction of species difference bears a close resemblance to that of gender and race narratives. The article concludes by calling upon our affective responses to imagine animals as possible candidates for personhood and rights, and, further, to question why being human should be a qualification for justice.
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Elizabeth L. DeCoux
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IN THE VALLEY OF THE DRY BONES: [FN1] REUNITING THE WORD “STANDING” WITH ITS MEANING IN ANIMAL CASES
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This Article addresses the failure of the legal system's efforts to protect animals and suggests an effective solution: an action brought in the animal's name by a guardian ad litem. The article documents the failure of HMSA and AWA, exploring the connection between those failed statutes and the law of standing in relation to animals. It then moves beyond the law regarding standing and identifies some of the larger philosophical, ethical, and scientific issues that arise when serious consideration is given to the standing of animals, concluding that there is error in viewing them as the “other” whose interests and rights need not be considered.
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Antonia M. DeMeo
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Access to Eagles and Eagle Parts: Environmental Protection v. Native American Free Exercise of Religion
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This article explores the inherent conflict between the federal laws to protect eagles through the BGEPA, MBTA, and ESA and Native American religious rights. The author finds that the current eagle permit system for Native Americans is incompatible with free exercise of religion. The author concludes that a revamping of the federal eagle permit system as well as the passage of the Native American Free Exercise of Religion Act (NAFERA)would help accommodate religious needs of Native Americans.
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Tyler Dewey
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CALLING OFF THE HUNT: THE MORALITY OF SUPPORTING A BAN ON COMMERCIAL WHALING
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This note examines the current deadlock in the IWC, discusses the shift from conservation towards preservation, and argues for a continuation of the moratorium based on moral and ethical concern for whales as whales. Part I traces the history of whaling and whale regulation. Part II discusses the current regulatory scheme. Part III analyzes the Preservationist position as it concerns whales. It builds from a discussion of the uncertain science concerning whale populations and stock recovery, to a discussion of the pain and suffering inflicted on whales by current whale practices, and finishes by arguing that whales, as unique and intelligent mammals, deserve protection as such.
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Carter Dillard
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FALSE ADVERTISING, ANIMALS, AND ETHICAL CONSUMPTION
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In light of the fact that today's consumers often want their products to be created in the most environmentally-, globally-, and animal-friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. This article investigates the ways that consumers can protect themselves from false advertising through the use of federal and state agencies, independent review, federal and state courts, and private attorneys general actions.
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Denee A. DiLuigi
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IN THE LINE OF FIRE: BROWN V. MUHLENBERG TOWNSHIP AND THE REALITY OF POLICE SEIZURES OF COMPANION ANIMALS
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Ms. DiLuigi addresses a companion animal owners’ rights under current law to bring and maintain an action for the unreasonable seizure of their companion animal by an officer as well as an action for the intentional infliction of emotional distress in light of the Third Circuit’s recent decision in Brown v. Muhlenberg Township. Applying various legal doctrines, Ms. DiLuigi also explores potential legal arguments for future litigation stemming from an officer’s execution of a companion animal.
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Geordie Duckler
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The Economic Value of Companion Animals: A Legal and Anthropological Argument for Special Valuation
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Mr. Duckler delves into valuation issues that arise in the context of recovery of non-economic damages for death and injury to companion animals. He argues that the special nature of companion animals in society necessitates an assigned monetary worth to such animals that is distinct from and exceeds mere market value. As support for this contention, Mr. Duckler provides relevant legal, sociological, and anthropological analyses.
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Geordie Duckler
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ON REDEFINING THE BOUNDARIES OF ANIMAL OWNERSHIP: BURDENS AND BENEFITS OF EVIDENCING ANIMALS’ PERSONALITIES
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Were animals as personalty appreciated in their fundamental distinctions from other personal properties, the law might be able to fashion a more sophisticated set of legal responsibilities for, and rewards of, such ownership. As evidence doctrines on character and propensity expand and contract to address boundaries for these concepts, a fuller potential for property law may be effectively promoted as a result.
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Ashley Duncan
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In-Depth Overview of Retail Pet Stores
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Over half of all households in America have at least one pet. While some of these animals are available for adoption at local humane societies, most people buy their pets from retail pet stores. Since there are so many animals being housed at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper addresses what federal and state laws are in place to regulate these welfare issues.
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Ashley Duncan
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Detailed Discussion of Retail Pet Stores
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With such a large number of animals being housed and sold at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper examines the laws pertaining to the welfare of animals in retail pet stores at the federal and state level and comments on the welfare issues that still need to be addressed.
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Patrick Dykstra
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Banning “Canned Hunts” For The Greater Protection Of Animal Rights And Welfare And For the Preservation Of Hunter’s Rights
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This paper considers the issue of "canned hunts" and how the legal system deals with them.
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Ethan Carson Eddy
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PRIVATIZING THE PATRIOT ACT: THE CRIMINALIZATION OF ENVIRONMENTAL AND ANIMAL PROTECTIONISTS AS TERRORISTS
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This Article describes the model Animal and Ecological Terrorism Act its permutations currently pending in state legislatures, its proponents, and their motivations. It further explains the legal and rhetorical parallels between the Model Act and the USA Patriot Act. The Article predicts that courts will find the bills' constraints on speech to be undeniably content-based and without a sufficiently compelling state interest. In the end, the Article concludes by explaining how the bills exploit the USA Patriot Act's anti-terrorism rhetoric, and reveal a concerted corporate strategy to manipulate the term “terrorist” and capitalize on its potency, in an anticompetitive effort to secure protectionism from the adverse economic effects of criticism, protests, and boycotts.
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Sam B. Edwards, III
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Legal Trade in African Elephant Ivory: But Ivory to Save the Elephant?
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Mr. Edwards discusses the recent decision to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan under the Convention on International Trade in Endangered Species (CITES). In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls on the supply side in Africa and the demand side in Japan are insufficient to prevent poaching and the eventual decimation of the species. This one-time sale should act as a warning to prevent further sales without a significant revamping of the control mechanisms.
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Robert Eisenbud
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Problems and Prospects for the Pelagic Driftnet
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A direct impact of the pelagic driftnet is the incidental taking of marine mammals. Pelagic driftnet fisheries are conducted by vessels from Japan, Taiwan and the Republic of Korea. The incidental taking of marine mammals within the Fishery Conservation Zone by the Japanese fleet is subject to regulation under the Marine Mammal Protection Act.
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Stephanie J. Engelsman
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“WORLD LEADER”--AT WHAT PRICE? A LOOK AT LAGGING AMERICAN ANIMAL PROTECTION LAWS
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This paper will begin in showing that the United States has done virtually nothing to ensure that all creatures are free from unnecessary pain and suffering. This paper will then explore what other developed countries have done towards protecting nonhuman animals in the same amount of time. This paper in no way suggests that any of the countries to be discussed have solved the problem of animal exploitation; however it does suggest that many of those countries have at least begun to make a legitimate and concerted effort towards protecting animals from human greed.
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Lynn A. Epstein
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Resolving Confusion in Pet Owner Tort Cases: Recognizing Pets' Anthropomorphic Qualities Under a Property Classification
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The author examines the important role pets play in our lives in contrast with their nominal assessed market value by courts. The author then provides a uniform suggestion that will enable courts to standardize an owner's pet loss claim. Courts should continue to classify pets as property, yet relax the classification standard to permit a flexible market value analysis that includes the right to assert a punitive damage claim as a means of providing adequate and fair recompense to the grieving pet owner.
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David S. Favre
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Veterinarian Malpractice
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This article provides a short history of the development of veterinary malpractice as a cause of action and also explores the elements of a malpractice suit. It further delineates the concepts of standard of care, proximate cause, and res ipsa loquitur. Defenses to malpractice actions are also discussed.
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David S. Favre
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Debate Within the CITES Community: What Direction for the Future?
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This article introduces the reader to the context and terms of the international treaty for the protection of endangered species (CITES) There is a focus on the attempt to deal with the concept of sustainable use as relates to wildlife by the various states of the world and nongovernmental organizations.
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David Favre
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Judical Recognition of The Interests of Animals - A New Tort
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The article examines how the interest of humans are represented in the legal system and how the interests of animals might better be brough into the legal system with the creation of a new tort for the benefit of animals.
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David S. Favre
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Overview of the U.S. Endangered Species Act
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A summary of the key provisions of the US Endangered Species Act.
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David Favre
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Equitable Self-Ownership for Animals
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This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggest that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal.
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David Favre
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Overview of Damages for Injury to Animals - Pet losses
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This overview describes the state of law with regard to damages for injury or loss of pets. Included in the discussion is an examination of the traditional market valuation of pets, punitive damages, consequential damages, and damages related to emotional distress.
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David S. Favre
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American Wildlife Law - An Introduction
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This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority.
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Professor David Favre
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Overview of U.S. Animal Welfare Act
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This article provides a detailed consideration of the nature and scope the United States Animal Welfare Act.
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David Favre
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An Introduction to the Nature of Treaties
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This article provides a brief overview of the types of treaties, the treaty process (e.g., creation, ratification, etc.), as well as problems derived from a given sample treaty.
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David Favre
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Overview of Convention on International Trade in Endangered Species
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This article is a detailed overview of the scope and nature of the international treaty, CITES. This treaty has been adopted by over 150 countries for the control of international trade in endangered species.
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David Favre
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Some Thoughts on Animal Experimentation
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This article develops a quick context for discussing the use of animals in scientific research.
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David Favre
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INTEGRATING ANIMAL INTERESTS INTO OUR LEGAL SYSTEM
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This article explores the obstacles to obtaining legal rights for animals both within the animal rights movement and within the broader political context. The author examines in which arena legal change might best be sought--the courts, the legislature, state governments, or the federal government. Finally, it makes a number of suggestions as to what type of laws would be the most successful in advancing the interests of animals.
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David Favre & Vivien Tsang
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The Development of the Anti-Cruelty Laws During the 1800's
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Article explains how the laws which deal with protection of animals from inappropriate human acts developed during the 1800's. The key focus is on Henry Bergh's efforts in the adoption of the 1867 New York Act.
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David S. Favre
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Pet Trusts and Other Estate Issues
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This overview explores the recent changes in probate law related to wills and trusts for the continuing care of animals.
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David S. Favre
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Landowner and Landlord Liability for Dangerous Animals
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This overview explores the liability for both landowners and landlords for injuries to third parties caused by tenant's animals. As a general proposition, liability is imputed only where the landowner or landlord has a duty to a third party, which is usually based on knowledge of the vicious propensity of the animal. Further, the injury must be reasonably foreseeable under the circumstances. The paper sets forth the level of duty owed to different classes of third party visitors (licensees, invitees, and trespassers) as well as how the location of an attack affects landlord liability.
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David S. Favre
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Detailed Discussion of Dog Bite Laws
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Alicia Finigan
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2001 Legislative Review
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This article provides an overview of 2001 state and federal animal related legislation.
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April Fisher, Amber A. Bell
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Did United States v. Hayashi Fail to Provide a Safe Harbor for Marine Mammals Under the Marine Mammal Protection Act?
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This article examines the holding in United States v. Hayashi and concludes that by narrowly defining what constitutes "harm" under the MMPA, the Ninth Circuit ignored the plain meaning of the term, the legislative history of the MMPA and the regulations interpreting the MMPA. Moreover, the Ninth Circuit's holding in Hayashi allows fishermen to harass marine mammals as long as the action does not seriously disrupt normal marine mammal behavior.
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Edward A. Fitzgerald
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DYSFUNCTIONAL DOWNLISTING DEFEATED: DEFENDERS OF WILDLIFE v. SECRETARY, U.S. DEPARTMENT OF THE INTERIOR
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Abstract: In 2003, the United States Department of the Interior (DOI) established three distinct population segments (DPSs) for the gray wolf, which encompassed its entire historic range. In addition, DOI downlisted the gray wolf from an endangered to threatened species in the Eastern and Western DPSs, despite the wolf's continued absence from ninety-five percent of its historic range. The U.S. District Court for the District of Oregon properly invalidated DOI's dysfunctional downlisting of the gray wolf. DOI's interpretation of “significant portion of its range” was inconsistent with the text, intent, and purposes of the Endangered Species Act (ESA). In addition, DOI inverted its DPS policy, which provides different populations of the species different levels of protection in different portions of its historic range. Achieving the recovery plan goals did not warrant downlisting the gray wolf. DOI also failed to address the five downlisting factors of section 4(a) of the ESA across a significant portion of the gray wolf's historic range. Nevertheless, DOI could have established two DPSs encompassing the populations of gray wolves in the western Great Lakes and northern Rocky Mountains, and could have accordingly downlisted these populations to threatened species status.
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Roger S. Fouts
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APES, DARWINIAN CONTINUITY, AND THE LAW
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This article proposes that the delusional worldview that "man" is outside and above the other "defective" organic beings in nature is completely without empirical scientific foundation. An alternative and harmonious way of being is presented that is derived from the acceptance of the biological reality of continuity.
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Nicole Fox
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NOTE AND COMMENT: THE INADEQUATE PROTECTION OF ANIMALS AGAINST CRUEL ANIMAL HUSBANDRY PRACTICES UNDER UNITED STATES LAW
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This article looks at available legal protections for all farmed animals, and recommends that Congress enact stricter animal welfare laws.
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Gary L. Francione
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Animal Rights Theory and Utilitarianism: Relative Normative Guidance
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Animal “rights” is of course not the only philosophical basis for extending legal protections to animals. Another, competing, basis is based on the theory of utilitarianism – the outright rejection of rights for all species and instead advocacy for equal consideration. This is the view espoused by Peter Singer, author of Animal Liberation. In this article, Professor Francione compares animal rights with utilitarianism, discussing the pros and cons of each
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Gary L. Francione
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Animals as Property
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Animals are property, not persons. And yet, at the same time, they are treated differently than other forms of property such as cars, toasters, and crops. Professo |
