Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Free Exercise Does Not Protect Animal Sacrifice: The Misconception of Church of Lukumi Babalu Aye v. City of Hialeah and Constitutional Solutions for Stopping Animal Sacrifice | Shannon L. Doheny | 2 Journal of Animal Law 121 (2006) |
In 1993, the U.S. Supreme Court upheld a First Amendment religious free exercise challenge brought by a Florida Santerían church in Church of Lukumi Babalu Aye v. City of Hialeah. However, Lukumi may be the most misunderstood legal precedent in recent history. The decision is often cited for the proposition that religious practitioners have a constitutional right to engage in animal sacrifice. This is far from the truth. Lukumi was decided in a unique context, and its holding was not based on the merits of animal sacrifice. This article will demonstrate that Lukumi does not force government to acquiesce to animal sacrifice, or the “litter” it creates. |
| EXAMINING THE VIABILITY OF ANOTHER LORD OF YESTERDAY: OPEN RANGE LAWS AND LIVESTOCK DOMINANCE IN THE MODERN WEST | Coby Dolan | 5 Animal L. 147 (1999) | In this comment, the author explores the development of open range laws in Oregon and other western states and argues such laws should be abolished or drastically amended. Common law requires ranchers to fence livestock in or face liability for damages caused by strays. However, historical customs and practices of Western states were shaped by vast open lands and sparce populations, leading to open range customs which required a landowner to fence "out" livestock to protect their property. This comment focuses on the case of Dr. Patrick Shipsey, an Oregon landowner convicted of shooting cattle that wandered onto his land. Through this discussion, the viability of open range statutes is discussed and the ongoing debate exposed. Policy alternatives are proposed that reflect modern demographic changes and a re-balancing of the economic and environmental burdens of ranching practices. |
| Animal Testing in Cosmetics: Recent Developments in the European Union and the United States | Laura Donnellan | 13 Animal Law 251 (2007) |
Animal welfare has become a recent issue in the policy of the European Union. As a positive step in recognizing the unnecessary suffering of animals, the Cosmetics Directive will be the focus in the first part of this article. The amendments to the Cosmetics Directive to prohibit the testing of animals in cosmetics culminated in the case of France v. European Parliament and the Council of the European Union. Similar measures were adopted in California, which will be discussed in the second half the article. |
| The Marine Mammal Protection Act: Fostering Unjust Captivity Practices Since 1972 | Stephanie Dodson Dougherty | 28 J. Land Use & Envtl. L. 337-367 (Spring 2013) | Despite its species management and sustainable population objective, the MMPA suffers from several inherent shortcomings that ultimately impede the policy and conservation goals. These shortcomings include the industry-set standards, fractured agency responsibility, and a lack of regulation, the combination of which leads to the questionable educational value of the display industry and the promulgation of the conservation fallacy. |
| Detailed Discussion of Exotic Pet Laws Update | Martha Drouet (updated by Asia Siev) | Animal Legal & Historical Center | First, this paper details the various policy concerns that private exotic animal ownership presents to the public, the animals, and the environment. Next, this paper briefly lays out the few federal laws that apply and the effects they have on private exotic animal ownership. State laws are then analyzed under four regulatory schemes: bans on private wildlife possession, partial bans on certain wild or exotic animals, a licensing scheme for owning exotic or wild animals, and states with miscellaneous or no regulations, including an analysis of states that ban or regulate hybrids of domestic and exotic or wild animals. Then, a few local regulations are discussed, followed by the way these laws and regulations are enforced. Finally, trends over the last decade are discussed along with conclusions and possible recommendations for comprehensive protection. |
| On Redefining the Boundaries of Animal Ownership: Burdens and Benefits of Evidencing Animals' Personalities | Geordie Duckler | 10 Animal L. 63 (2004) | What is it about the law’s archaic perception of animals that makes it falter on the brink of constructing a modern concept of animal ownership? 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. Progress toward achieving that refinement requires the law to embrace a set of related concepts: that animals can and do have personalities, as well as that evidence rules allow those personalities to be manifested through testimony in civil actions concerning an animal’s intent. 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. Burdens (such as the new tort of negligent confinement) and benefits (such as a more reasoned acceptance of animal expression) await. |
| Two Major Flaws of the Animal Rights Movement | Geordie Duckler | 14 Animal Law 179 (2007) |
Separate from its vulnerability to criticism by those politically opposed, a call for legal rights for animals is without justification on the very two pillars on which such a claim presumes to found itself—the precepts of law and of science. The claim’s inherent weaknesses are revealed in the use of terms that are inapplicable given both the way that legal rules work as a practical matter and the current level of our scientific knowledge about animals themselves. This article confronts these two core defects of the animal rights paradigm and seeks to shed the light of law, science, and reason on what seems to be an unreasonable, nonscientific, and yet ill-critiqued phenomenon. |
| The Economic Value of Companion Animals: A Legal and Anthropological Argument for Special Valuation | Geordie Duckler | 8 Animal L. 199 (2001) |
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. |
| TOWARD A MORE APPROPRIATE JURISPRUDENCE REGARDING THE LEGAL STATUS OF ZOOS AND ZOO ANIMALS | Geordie Duckler | 3 Animal L. 189 (1997) | Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals. |
| TOWARD A MORE APPROPRIATE JURISPRUDENCE REGARDING THE LEGAL STATUS OF ZOOS AND ZOO ANIMALS | Geordie Duckler | 3 Animal L. 189 (1997) | Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals. |