Results
Title |
Author![]() |
Citation | Summary |
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Did United States v. Hayashi Fail to Provide a Safe Harbor for Marine Mammals Under the Marine Mammal Protection Act? | April Fisher and Amber A. Bell | 27 Golden Gate U.L. Rev. 67 (1997) |
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. |
Dysfunctional Downlisting Defeated: Defenders of Wildlife v. Secretary, U.S. Department of the Interior | Edward A. Fitzgerald | 34 B.C. Envtl. Aff. L. Rev. 37 (2007) |
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. |
Good Badger, Bad Badger: The Impact of Perspective on Wildlife Law and Policy | Peter L. Fitzgerald | 10 J. Animal & Nat. Resource L. 41 | The Law Commission of England and Wales is examining how the country’s rich patchwork of wildlife laws might be updated. At the same time the government, advocates, and the public are in the midst of a vigorous debate over whether badgers should be culled in an effort to control the spread bovine tuberculosis within the United Kingdom. Both of these efforts highlight how divergent views regarding our relationship to wildlife and the natural environment in the 21st century influence both broad questions regarding the structure of laws and regulations affecting wildlife, generally, as well as how to approach very specific problems and issues. While these sorts of debates over wildlife are not new, the vast majority of the population in the U.K. and many other industrialized countries has lost much of its connection to the wild as urbanization has continued to grow. Accordingly, what is new in today’s world is the degree to which popular support for one or another position advanced by interested parties depends not upon actual experience with nature and wildlife but rather with the popular public image of the wildlife at issue—and whether they are perceived as either “good” or “bad”. |
The Alaskan Wolf War: The Public Trust Doctrine Missing In Action | Edward A. Fitzgerald | 15 Animal L. 193 (2008) |
This article argues that the courts should have invoked Alaska’s public trust doctrine, which prevents the granting of preferences over state natural resources. The courts should have also rigorously examined the BOG’s wolf killing policies and protected the wolf as a valuable public trust resource. The BOG’s wolf killing policies have not been supported by the public, leading to ballot initiatives to protect the wolf. Congress is currently considering the Protect America’s Wildlife Act, which will prevent the same day airborne hunting of Alaska’s wolves. |
Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse | Caroline Forell | 15 Animal L. 53 (2008) |
In this essay, the author discusses using Susan Glaspell’s 1917 short story A Jury of Her Peers to teach about the connection between domestic violence and animal abuse. |
Apes, Darwinian Continuity, and the Law | Roger S. Fouts | 10 Animal L. 99 (2004) |
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. |
The Inadequate Protection of ANnimals Against Cruel Animal Husbandry Practices Under United States Law | Nicole Fox | 17 Whittier L. Rev. 145 |
This article looks at available legal protections for all farmed animals, and recommends that Congress enact stricter animal welfare laws. |
ON THE "NECESSARY SUFFERING" OF NONHUMAN ANIMALS | Michael Allen Fox | 3 Animal L. 25 (1997) | This article extends Gary Francione's analysis of these concepts from Rain without Thunder within the context of animal experimentation. Michael argues that Francione's work leads us to the conclusion that the notions of necessary and unnecessary suffering are empty of meaning, and no significant difference exists between them. That humans cause animals to suffer in abundance is reality. That their suffering is necessary in order to fulfill human purposes is fantasy. |
Using Special Masters To Advance The Goals Of Animal Protection Laws | Alexis C. Fox | 15 Animal L. 87 (2008) |
This article suggests that courts should appoint special masters to large-scale animal abuse cases. The work of special masters in two recent high profile cases, Sarah v. PPI and Vick, demonstrate that special masters can help advance the goals of the animal protection movement in three ways. First, special masters can ensure that individual animal victims are cared for once they are rescued from large-scale abuse situations. Second, court orders that appoint special masters to large-scale animal abuse cases insert a best-interest-of-the-animal analysis into formal court proceeding. Finally, court appointed special masters may encourage better enforcement of animal protection laws by taking responsibility for animal victims from local officials. In addition to advocating for special master appointments in large-scale animal abuse cases, this article discusses some of the possible barriers courts and advocates might face when appointing special masters to large-scale animal abuse cases. |
Animals as Property | Gary L. Francione | 2 Animal L. i (1996) (pdf version) | This article gives a brief introduction of the social attitudes regarding animals as property. |