jouranimallawvol12.pdf (2.13 MB)
Published by the students of Michigan State University College of Law
Journal of Animal & Natural Resource Law Vol. XII (2016)
The table of contents is provided below.
Previous Volumes
Information about the Journal
Table of Contents
ARTICLES
International Water Rights: A Tale of Two Rivers
Chris Richards.......................................................................................1
Water is the most important resource for the world that serves many different purposes. Therefore, it is important for the world to continue conserve and protect the water supply. This article looks at two rivers from two different parts of the globe: the Colorado River of North America and the Nile River of Northeast Africa. The article discusses the one similarity that both rivers have in common, which is an international struggle for the water they carry based on the rivers flowing into different countries. The author uses the Colorado River as a comparative analysis to discuss the Nile River, so that hopefully Egypt and the surrounding countries receive a more favorable outcome, rather than run into the ecological disaster that currently haunts the Colorado River based on the past history of the River.
Behind Closed Curtains: The Exploitation of Animals in the Film Industry
Juliet Iacona ........................................................................................25
People love animals. Thus more and more films use animals to play crucial roles in movies and depict them in different lights. However, unlike humans animals do not get a choice whether or not they want to play a part in the movie, humans choose for them. Currently, there are no clear laws that specifically regulate animal usage in the film industry and anti-cruelty laws are not vigorously enforced. This article proposes a three-fold solution to help protect animals in the film industry by: (1) proposing an amendment and regulation to the Animal Welfare Act, (2) delegating power to the United States Department of Agriculture (USDA) to create a government group that is legally responsible for monitoring animals on sets, and (3) limiting direct animal involvement in movies and look at alternative ways to incorporate animals.
Utility Air Regulatory Group v. Environmental Protection Agency: The Apotheosis of Implicit Bias in the Supreme Court of the United States Of America Against Environmental Interest and their Advocates
Jason W. Jutz .......................................................................................53
Environmentalists and their advocates not only work hard to protect the planet, but struggle against the negative social stigma of being called “tree-huggers” and “hippies.” This article discusses how the negative stereotypes of environmentalists impacted the Supreme Court’s decision in Utility Air Regulatory Group vs. Environmental Protection Agency (UARG). The author goes into an in-depth analysis of the Supreme Court’s decision and discusses that the decision propagates a culture of implicit bias against environmental interests and their advocates. Through this decision the author discusses the impact of the UARG decision on environmental interests by looking closely at the State of Hawaii’s environmental issues.
The Evolution of Consumption Horse Slaughter in the United States: An Analysis of the Safeguard American Food Exports Act
Rebecca Dolan ....................................................................................81
Horses in the United States are viewed as companion animals instead of considering them as a source of meat. This view is not echoed around the world because other countries view the meat as a delicacy, which then fuels the present slaughter industry. This article discusses and analyzes the Safeguard American Food Exports Act (SAFE Act), which is currently pending before Congress. The author still has concerns about the SAFE Act’s enforceability and the risk of exportation of the house under false pretenses to other countries. Therefore, the article goes into a discussion of looking at the enforceability of the proposed SAFE Act through the False Claims Act (FCA), which could help curb the export-slaughter practice if a threat of a violation looms over the heads of sellers and transporters who export horses.
Lies, Damned Lies, and Michigan Animal Shelter Statistics: Problems and Solutions
Stacy A. Nowicki................................................................................101
Animal shelters are required to report certain data, including data on euthanasia, to the state of Michigan. Based upon this data, the Michigan Pet Fund Alliance awards shelters that have high “save rates.” However, the state of Michigan does not have set data collection standards. As such, the data reported by the shelters is not consistently collected and should not be relied upon to compare shelters or show trends. Shelters are prevented from reaching their full lifesaving potential because of the lack of data collection standards. The state of Michigan should address the lack of standards to ensure data is consistently collected so it can be used to accurately evaluate shelters.
Justifying Force Against Animal Cruelty
Ross Campbell...................................................................................129
Three defenses can be readily made to justify force against animal cruelty. A “defense of property” would satisfy the status quo. However, its permission is ordinarily limited to property owners and non-deadly force. Arguments should be made that nonhumans are actually a form of legal person, and therefore, protecting them from cruel acts may fall under a more permissive “defense of persons.” Similarly, appeals could be made to the public utility of using force against animal abusers, possibly allowing an extension of the situational defense of “necessity.” In any event, due to the shocking nature and unfortunate prevalence of animal abuse, a reasonable third-party permission to intervene against such acts should be discussed.
Equine Liability Statutes: Are the Courts Moving in the Wrong Direction?
Bruce Mandeville ..............................................................................159
Horses hold a special place in American history. As the horse has transformed from a work animal to a companion animal, the laws surrounding equine-related liability have become increasingly complex. Forty-six states have Equine Liability Statutes, but the court’s application of the statutes has been inconsistent. Courts need to fully understand the unique nature of horses and the inherent risk involved in equine-related activities before the application of the law to the specific facts of the case. In order to fully protect horse-owners, courts should develop a complete and unified approach to the application of Equine Liability Statutes.
2016 Animal and Natural Resource Law Case Review
Morgan Pitz .......................................................................................215