Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Overview of Pet Custody During Divorce | Kelly Olszuk | Animal Legal & Historical Center | This overview examines the issue of pet custody during divorce. It briefly explores the four states that have enacted "best interests" legislation for awarding custody of pets. It also discusses emerging issues such as prenuptial agreements for care of pets ("pup nups"), visitation agreements that sync with parenting custody, and challenges to pet custody awards. |
| Looking for a Good Home: Balancing Interests in the Disposition of Impounded Animals to Owners and Rescues | Francesca Ortiz | 67 Syracuse L. Rev. 115 (2017) | This Article explores the scope of governmental authority to interfere with or terminate the property rights of pet owners in the interest of efficiency and effectiveness. Part I sets out the regulatory framework for local animal control programs, describing the process for handling and disposing of stray animals and the provisions designed to help reunite owners with their pets. Part II then turns to the issue of post-redemption ownership, discussing the recognized reach of the law and its limitations as well as the cases that have contemplated termination of an owner’s rights to a pet. Part III explores the policy reasons that support a clear demarcation of when ownership of an unclaimed, impounded animal should be established in the government, making possible a clear transfer of title from a public shelter to an adopter or transferee, and Part IV suggests means by which a local government might increase the possibility of reuniting an owner with a pet within the appropriate timeframe to avoid the conflicts created by late-redeeming owners. |
| (ELEPHANT) DEATH AND TAXES: PROPOSED TAX TREATMENT OF ILLEGAL IVORY | Angela Ostrowski | 21 Animal L. 221 (2015) | African elephants are poached for their ivory at alarming rates. If the current level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime prevention perspective. The current penalties and fines for the illegal trade in ivory are not enough of a deterrent. One method of deterrence that has not yet been explored is the imposition of tax consequences on the illegal ivory trade. This Article proposes a number of ways to use the tax system to further deter participation in the illegal ivory trade. For tax purposes, illegal ivory should be treated similarly to other activities that have both legal and illegal operations, such as marijuana, gambling, and prostitution. Congress could impose an excise tax on ivory and an occupational tax on those who make or sell ivory products. In addition, there are several tax crimes in the Internal Revenue Code that are applicable to those who sell illegal ivory and do not report the income on their tax returns. For example, tax evasion is one of the related criminal activities associated with wildlife trafficking. Tax consequences will hopefully provide a further disincentive to those participating in the illegal ivory trade. |
| 2013 FEDERAL LEGISLATIVE REVIEW | Angela Ostrowski | 20 Animal L. 433 (2014) | This article provides a review of significant animal-related federal legislation from 2013. |
| State Animal Protection Laws - The Next Generation | Stephan K. Otto | 11 Animal L. 131 (2005) |
A vast increase in animal protection laws during the past decade has changed the legal landscape of animal law. The current generation of such laws includes more inventive and effective provisions, but more could be done. This article reviews the current laws of states across the country and proposes a number of specific provisions that would improve the force and effect of animal protection legislation. The Author's goal is to identify pragmatic ways in which to make animals the most statutorily protected type of property in our country. |
| Overview of CAFOs and Animal Welfare Measures | Elizabeth A Overcash | Animal Legal & Historical Center |
This overview of CAFOs and animal welfare measures introduces CAFOs and the agricultural industry. Briefly, the overview notes the animal welfare, environmental, and human health concerns that have arisen with CAFOs. Finally, the overview notes the legislation and ballot initiatives that have been enacted to address these concerns. |
| Brief Summary of CAFOs and Animal Welfare Measures | Elizabeth A Overcash | Animal Legal & Historical Center |
American agriculture has replaced traditional family farms with the large, industrial-like CAFOs, or Concentrated Animal Feeding Operations, that dominate the industry today. The modern agricultural industry, however, has raised many animal welfare concerns. These concerns, in turn, have given rise to ballot initiatives and state legislation regarding these issues. |
| Detailed Discussion of Concentrated Animal Feeding Operations | Elizabeth Overcash | Animal Legal & Historical Center |
This discussion of CAFOs and animal welfare measures introduces CAFOs and the agricultural industry. It then examines the animal welfare, environmental, and human health concerns that have arisen with CAFOs. Finally, the article notes the legislation and ballot initiatives that have been enacted to address these concerns. |
| Critical Habitat and the Challenge of Regulating Small Harms | Dave Owen | 64 Fla. L. Rev. 141 (2012) |
This Article investigates how the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are implementing the Endangered Species Act's prohibition on “adverse modification” of “critical habitat.” That prohibition appears to be one of environmental law's most ambitious mandates, but its actual meaning and effect are contested. Using a database of over 4,000 “biological opinions,” interviews with agency staff, and a review of judicial decisions considering the adverse modification prohibition, this Article assesses the extent to which the Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are relying on the adverse modification prohibition to provide habitat protection. |
| 2009 LEGISLATIVE REVIEW | Jennifer O’Brien & Randall Szabo | 16 Animal L. 371 (2010) |
This article provides an overview of important legislative changes concerning animal law in 2009. |