jouranimallawvol11.pdf (1.86 MB)
Published by the students of Michigan State University College of Law
Journal of Animal & Natural Resource Law Vol. XI (2015)
The table of contents is provided below.
Previous Volumes
Information about the Journal
Table of Contents
ARTICLES
Protecting America. Protecting Animals. The Department of Defense’s Efforts to Protect Animals In and Near Military Bases
Julianne Kelly-Horner ......................................................................... 1
The Department of Defense must balance national defense and environmental conservation under federal statutes. The Readiness and Environmental Protection Initiative (REPI) allows the DoD to establish buffer zones between military bases and urban development threatening endangered species’ habitat. This paper will demonstrate that the DoD has effective tools for preserving endangered species but needs to allocate additional resources to REPI.
Transgressing Trainers and Enhanced Equines: Drug Use in Racehorses, Difficulty Assigning Responsibility, and the Need for a National Racing Commission
Kjirsten Lee ........................................................................................ 23
The Thoroughbred horse racing industry has recently been plagued by widely publicized racehorse breakdowns, sometimes resulting in euthanasia on the track. Many industry professionals have pointed to breeding shortfalls and the use of race day medication as the major contributors to these breakdowns. Currently, there is no national organization in racing to set and enforce standards for race day medication in racehorses. This article briefly looks at the racing’s history and the current drug-related issues facing the sport. The article then proposes the creation of a national racing commission to oversee Thoroughbred racing in the United States, with the hope that such an organization could provide more concrete rules and better enforcement, leading to better racehorse welfare and a return of the sport’s popularity.
Terrorism and the Animal Rights and Environmental Movements
Alexandra Stupple .............................................................................. 51
The definition of “terrorism” is the subject of great debate. In post-9/11 America, the law treats a “terrorist” differently than a common criminal. This article presents the harm to democracy that comes from not making a proper distinction between the two. The penalties of Animal Enterprise Terrorism Act are juxtaposed against the penalties of ideology-based violence in American history before 9/11.
Tradition as Precedent: Articulating Animal Law Reform in China
Andrew Jensen Kerr and Yu Dan ....................................................... 71
This article provides intellectual context for the current debate over animal rights in China, and suggests how China might be able to actualize an ecological basis for animal protection coherent with its evolving national identity. Animal welfare in China is very much a microcosm of this balance of continuity and change—in September 2011 the Chinese government canceled a dog meat festival with a 600-year history in response to strident online opposition to the event. However, the authors question the moral coherence of criminalizing dog consumption in a secular, diverse nation such as China. It is uncertain whether there is effable logic for distinguishing notions of ritual, community and friendship that animate the legality of this practice.
The Death of Duty to Apply: Limitations to CAFO Oversight Following Waterkeeper & National Pork Producers
Will McLaren ...................................................................................... 87
Large-scale factory farms once had a duty to apply for pollution discharge permits under the Clean Water Act. Contrary to logic, that obligation exists no more. This article explores the duty’s rise via legislation and its subsequent fall after legal challenges that culminated in two pivotal federal appellate decisions.
NOTES AND COMMENTS
Bridging the Gap: The Connection Between Violence Against Animals and Violence Against Humans
Rebecca Bucchieri ........................................................................... 115
A robust legal and scientific discourse firmly establishes a link between individuals who abuse animals and their proclivity to also abuse humans. This article discusses this close nexus, arguing that using this connection as a legal tool in animal rights law will help achieve earlier deterrence of crimes against both animals and humans alike, and will promote a better understanding of animals as sentient victims in need of broader protections.
Aesthetic Danger: How the Humane Need for Light and Spacious Views Kills Birds and What We Can (and Should) Do to Fix this Invisible Hazard
Devin Kenney ................................................................................... 137
Despite national and international protections, migratory birds are in decline. Interestingly, one of the most insidious of these hazards is glass. This Article suggests best practices to staunch the continuing loss to threatened and endangered bird populations, addresses potential criticism of those protections and finally calls on public and private entities to undertake the research necessary to do so.
Sustaining and Unsustainable Fuel Source: How Lifecycle Greenhous Gas Emissions Can Improve the Sustainability of the Tar Oil Industry
Brittany DeBord ............................................................................... 161
Increased consumption of oil from tar sands in the U.S. counter- acts efforts to mitigate climate change due to its energy intensive production process. Legislation limiting lifecycle greenhouse gas emissions such as the Renewable Fuel Standard Program should be applied to this fuel source as a way to reconcile the national goals of limiting emissions with the pursuit for energy independence.
2015 Animal and Natural Resource Law Case Review
Claire Corsey ................................................................................... 185