Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| WHO THE JUDGE ATE FOR BREAKFAST: ON THE LIMITS OF CREATIVITY IN ANIMAL LAW AND THE REDEEMING POWER OF POWERLESSNESS | Matthew Liebman | 18 Animal L. 133 (2011) |
Drawing upon various schools of legal thought, this Essay explores how ideological and non-legal factors influence the adjudication process in animal law cases. The Legal Realist and Critical Legal Studies movements highlighted the indeterminacy present in legal doctrine and undermined trust in judges’ ability to arrive at “correct” answers to legal questions. In the midst of such indeterminacy, where legal texts do not predetermine legal outcomes, judges tend to render decisions that are consistent with pervasive societal norms and existing distributions of political power. Starting from these premises, the Author questions whether innovative and creative impact litigation by the animal law movement can succeed in fundamentally challenging speciesism through a legal system that is pervasively hostile to the interests of animals. Although incremental and meaningful gains are possible through litigation, we must recognize the limits of legal reform in the short-term. Although such limitations are typically seen as cause for despair, the Author argues that recognizing our powerlessness can be a source of compassion and an opportunity to experience our shared existential vulnerability with animals. |
| Detailed Discussion of Exotic Pet Laws | Matthew G. Liebman | Animal Legal and Historical Center |
This paper examines state and local statutes and regulations regarding private possession of captive wildlife, or exotic pets. It also discusses the policy and constitutional issues surrounding these regulations. |
| Detailed Discussion of Elephants and the Ivory Trade | Ann Linder | Animal Legal & Historical Center | This paper will examine the global ivory trade and its effect of elephant populations. It begins with a historical discussion of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally. Next, the paper considers two competing approaches to elephant conservation and catalogues how they have informed CITES decisions regarding elephants beginning in 1975. In addition, it discusses relevant laws in ivory-producing nations and consuming nations. Finally, the paper examines U.S. laws regarding elephants and ivory, as well as legal challenges to those policies. |
| Brief Summary of Elephants and the Ivory Trade | Ann Linder | Animal Legal & Historical Center | This paper will examine the global ivory trade and its effect of elephant populations. It begins with a historical discussion of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally. Next, the paper considers two competing approaches to elephant conservation and catalogues how they have informed CITES decisions regarding elephants beginning in 1975. In addition, it discusses relevant laws in ivory-producing nations and consuming nations. Finally, the paper examines U.S. laws regarding elephants and ivory, as well as legal challenges to those policies. |
| Overview of Elephants and the Ivory Trade | Ann Linder | Animal Legal & Historical Center | This paper gives an overview of issues surrounding the global ivory trade and its effect on elephant populations. It touches upon the historical development of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally as well as the two competing approaches to elephant conservation. Finally, laws and policies supporting elephant conservation are discussed. |
| Detailed Discussion of Legal Implications of Dolphin and Human Interactions | Ann Linder | Animal Legal & Historical Center | This article explores recent legal and regulatory issues associated with dolphins both in the wild and in captivity. It pays special attention to areas involving human-dolphin interaction, such as entertainment, research, and therapy. It also explores current regulatory issues in the United States related to both swim-with dolphins encounters. It concludes by examining larger themes drawn from each of these areas. |
| Brief Summary of Legal Implications of Dolphin and Human Interactions | Ann Linder | Animal Legal & Historical Center | This brief summary explores some of the ethical and legal issues involved in human-dolphin interactions. |
| Overview of Legal Implications of Dolphin and Human Interactions | Ann Linder | Animal Legal & Historical Center |
Human interest in dolphins has grown in recent decades, spurred on by the appearances in film and popular culture as well as new research on dolphin cognition. People have developed a strong affinity for dolphins in part due to their similarities to humans. |
| The Ethical Case For European Legislation Against Fur Farming | Andrew Linzey | 13 Animal Law 147 (2006) |
In recent years, several member states in the European Union enacted legislation to regulate or prohibit fur farming. This article calls for further action to ban the practice throughout the European Union. The Author notes animals’ inabilities to protect their own interests and the role of law to protect these vulnerable interests. The Author concludes by responding to the objections of fur farming proponents, ultimately finding no legitimate justification for the documented suffering of animals raised on fur farms. |
| An Ethical Critique of the Canadian Seal Hunt and an Examination of the Case for Import Controls on Seal Products | Andrew Linzey | 2 Journal of Animal Law 87 (2006) |
The Canadian seal hunt has been the subject of criticism since the middle of the nineteenth century, but it is only since the 1960s that it has become a focus of international controversy. This document examines the putative justifications for the hunt and provides an ethical assessment. |