Results
Title |
Author![]() |
Citation | Summary |
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Detailed Discussion of Cross-Reporting Laws | Tarun Bishop |
I. IntroductionEnvision the following: You have been hired to work as a Child Protective Services (CPS) employee. You receive a tip of suspected child abuse at a house, and you obtain permission to investigate. You knock on the door. A dog barks; you hear someone screaming “NO!! |
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Brief Summary of Cross-Reporting Laws | Tarun Bishop | Animal Legal & Historical Center |
Over the years, there has been increasing public awareness of issues surrounding animal cruelty, child abuse, and interconnectedness of these issues. This awareness has led to increased discussion of "The Link": correlation between human-on-animal violence and human-on-human violence. |
Overview of Cross-Reporting Laws for Child Abuse and Animal Abuse | Tarun Bishop | Animal Legal & Historical Center | This overview discusses the link between animal and human violence and examines laws that mandate or permit cross-reporting of suspected abuse. |
FROM THE HALLS OF CONGRESS TO THE SHORES OF THE LITTLE T: THE SNAIL DARTER AND THE DAM: HOW PORK-BARREL POLITICS ENDANGERED A LITTLE FISH AND KILLED A RIVER BY ZYGMUNT J. B. PLATER | Sarah Blankenship | 20 Animal L. 229 (2013) | The snail darter has become a symbol of environmental extremism. In reality, however, the farmers, members of the Cherokee Nation, and concerned citizens were simply fighting to keep the Tennessee Valley Authority (TVA)’s Tellico Dam from destroying the last free-flowing miles of the Little Tennessee River. This Book Review examines the work of Zygmunt J.B. Plater, the law professor who, along with ordinary citizens, fought their case all the way to the United States Supreme Court in defense of their river, the snail darter, and the Endangered Species Act. Plater reveals the truth behind the landmark TVA v. Hill case in The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Little Fish and Killed a River, by recounting the history of the region and evolution of the case. He also exposes the perverse pork-barrel politics behind the Tellico Dam, and reveals the power of media on the public’s perception of the snail darter case that resonates to this day. This Review highlights the most important aspects of Plater’s story, but it also examines the ways in which Plater and his team could have improved the public perception of the TVA v. Hill controversy. This Review urges everyone who wishes to enter the public sphere to have their voices heard to read The Snail Darter and the Dam for its inspirational and instructive importance. |
Dog Baiting Abatement: Using Nuisance Abatement to Regulate Dogfighting | Rachel Blumenfeld | 17 Sports Law. J. 1 (2010) |
This article explores the history of dogfighting and its effects on today's society. It then suggests nuisance abatement as a possible way to regulate and perhaps eliminate dogfighting. The article discusses the evolution of the public nuisance cause of action. The article then offers closing thoughts on whether, and perhaps how, dogfighting should be managed under public nuisance law. |
ENDANGERED SPECIES ACT LISTINGS AND CLIMATE CHANGE: AVOIDING THE ELEPHANT IN THE ROOM | Michael C. Blumm & Kya B. Marienfeld | 20 Animal L. 277 (2014) |
The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently conceded that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions. In this Article, we explain those decisions—involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse—and their implications. We conclude with some surprising observations about the Obama Administration’s apparent endorsement of Justice Scalia’s approach to the ESA’s habitat protections, the Administration’s endorsement of constitutional standing rules to limit the effective scope of the statute, the growing significance of the distinction between endangered and threatened species, and the unintended boomerang effects of the administrative reforms of the statute in the 1990s. |
Lost and Found: Humane Societies' Rights and Obligations Regarding Companion Animal Ownership | Patricia A. Bolen | Animal Legal & Historical Center |
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. |
Conflicting Values: The Religious Killing of Federally Protected Wildlife | Tina S. Boradiansky | 30 NRJ 709 (1990) |
This Comment explores the current conflict between federal wildlife protection and Indian religious use of animals which reflects this philosophical debate. |
How to Apply the “Best Interest of the Pet” Standard in Divorce Proceedings in Accordance with Newly Enacted Laws | Rachael Bouwma | Animal Legal & Historical Center | First, the author will discuss how the Courts are beginning to apply this “best interest” approach, even if that state has no law in place to protect the animal’s best interest. Secondly, the author will analyze the three state laws that have currently been established to protect the interest of pets in divorce proceedings. Lastly, the author will provide a proposal to guide a Court’s analysis of the best interest of the animal in divorce proceedings. |
Overview of Philosophy and Animals | Alissa Branham | Animal Legal & Historical Center |
This overview examines the historical philosophical figures who have contributed to the modern animal rights and welfare movement. |