Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Animal Rights Law Reporter | Henry Mark Holzer (Editor) | Animal Rights Law Reporter | The Animal Rights Law Reporter was published from 1980 - 1983 by the Society for Animal Rights, Inc. The Reporter was edited by Professor Henry Mark Holzer. Each issue begins with a segment entitled, "In the Courts," which outlines significant court cases involving animals. The issues also contain sections for "In the Legislatures," where recent animal-related legislation is discussed. "In the Legal Literature" gives updates on pertinent law reviews in the field. Finally, the Reporter provides a quarterly "Bulletin Board," "Available Resources," and "Editor's Comment" from Professor Holzer. |
| Let's Not Spit The Bit In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing | Joan S. Howland | 14 Marq. Sports L. Rev. 473 (2004) |
My intention in this article is to discuss the historical antecedents of horse racing and the development of this sport in the United States since the Colonial Era. In order to do this, it is necessary to start from horse racing's beginnings. This historical tour will demonstrate that horse racing and its associated legal norms are much older and well established than many legal doctrines from more well known, but comparatively younger, legal subjects. Through this discussion I will demonstrate how the evolution of the law of Thoroughbred racing reflects the changing nature of American legal and social norms. |
| Permitting Pluralism: The Seal Products Dispute And Why The WTO Should Accept Trade Restrictions Justified By Nonintsrumental Mo | Robert Howse and Joanna Langille | 37 Yale J. Int'l L. 367 (2012) |
In response to the 2009 European Union (EU) ban on the import and export of most products made from seals, Canada and Norway, as large producers of seal products, have initiated proceedings against the EU for violating World Trade Organization (WTO) law. The authors of this law review, Robert Howse and Joanna Langille, promote the EU’s position and argue that animal welfare has long been a genuine motivation for legislation. More specifically, the authors of this law review argue that expressions of a community’s moral and spiritual belief are a legitimate basis for trade restriction. |
| The Public and Wildlife Trust Doctrones and the Untold Story of the Lucas Remand | Blake Hudson | 34 Colum. J. Envtl. L. 99 (2009) |
This article seeks to address more thoroughly how the historical “old maxims” of the public and wildlife trust doctrines can be used as Lucas background principles of property law to overcome takings challenges brought against state and federal environmental regulations. First, the historical underpinnings of the public trust doctrine and the wildlife trust doctrine prior to the founding of the nation are described. The Illinois Central Railroad v. Illinois and Geer v. Connecticut, which are the key Supreme Court cases establishing the validity of these doctrines in the United States are summarized. The author asserts that the doctrines may be interchangeably applied as a means of protecting important environmental resources. The author illustrates how the use of these doctrines might have changed the ultimate outcome of the Lucas case. |
| The Hunt Club | Hunt Club | http://www.huntingtop10.com/outfitters/il/ilof3/index.html |
This advertisement for "The Hunt Club" indicates it provides lodging, meals, and hunts of waterfowl and big game on its 16,000 preserve. It also adds that it has a "trophy management policy" with regard to hunts of "trophy" deer on a 4,000 acre archery area. |
| Fuzzy Toys and Fuzzy Feelings: How the “Disney” Culture Provides the Necessary Psychological Link to Improving Animal Welfare | Lindsay Schafer Hurt | 10 J. Animal & Nat. Resource L. 253 | The connection between pop culture's psychological influences on society and on people's ability to empathize helps explain the legal shift to address practices of animal testing, animal fighting, and other abuse or torturous practices. The media helps cultivate increased sentiment for animal welfare, which is the first hurdle to overcome when advocating for a change regarding animals in the law. This Note discusses specifically how Disney movies featuring animal characters have furthered an interest in animal welfare. This Note further proposes that courts' realization that scientific evidence of suffering is inadequate to measure or identify cruelty is essential to sufficiently provide legal protections to animals. |
| Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case | Rebecca J. Huss | 15 Animal L. 69 (2008) |
The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff’s Department seized fifty-three pit bulls from Vick’s home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether each dog should be euthanized due to its inability to interact safely with humans or other animals or given a second chance at life in a new home. Huss explains her role as guardian/special master and how she made her determinations about each dog’s destiny. |
| Why Context Matters: Defining Service Animals Under Federal Law | Rebecca J. Huss | 37 Pepp. L. Rev. 1163 (2010) |
The Article begins with a brief history of service animals. It continues with an analysis of the proposed changes to the ADA rules and selected case law that illustrates the need for clarification in this area of the law. The Article then evaluates the way service animals are handled under the Air Carrier Access Act (ACAA) because of recent regulatory activity interpreting that law. The Article concludes by arguing that there are rational reasons to have an expansive definition of service animal under the ADA and, in the alternative, if there is a restrictive definition under the ADA, the broader protections under the FHA and ACAA should remain in place. |
| Rescue Me: Legislating Cooperation Between Animal Control Authorities and Rescue Organizations | Rebecca J. Huss | 39 Conn. L. Rev. 2059 (2007) |
Notwithstanding the overwhelming evidence that shows how important pets are to many people in the United States, the leading cause of death for dogs and cats in this country is euthanasia because of the lack of homes. Although progress has been made, conservative estimates are that between three and four million dogs and cats are euthanized each year. A successful program for implementing non-lethal strategies to control the pet population incorporates three prongs: (a) increasing adoptions, (b) increasing the number of animals sterilized and (c) increasing the number of animals retained in homes. This Article focuses on the legislative actions that should be taken immediately to implement these non-lethal strategies so that this needless euthanization can end. |
| Valuing Man's and Woman's Best Friend: The Moral and Legal Status of Companion Animals | Rebecca J. Huss | 86 Marq. L. Rev. 47 (2002) |
This Article first provides an overview of the philosophical basis of the allocation (or non-allocation) of moral status to nonhuman animals considering historical and modern views of animals. Second, it analyzes the legal status of animals under the current system and discusses the idea of extending legal 'personhood' to such animals. Next, it considers the common law and statutory basis for the current valuation of companion animals. Finally, this Article supports and promotes the idea that there is a rational basis for changing the way that companion animals should be valued by the legal system and recommends the adoption of statutory provisions to promote consistency and certainty in these cases. |