Animal Law Review, Volume 2 (1996)
INTRODUCTION
ANIMALS AS PROPERTY
Gary L. Francione
This article gives a brief introduction of the social attitudes regarding animals as property.
REMARKS
BETWEEN THE FLOOD AND THE RAINBOW: OUR COVENANT TO PROTECT THE WHOLE OF CREATION
Bruce Babbitt
As Congress weighs the interests of landowners against the environment, the future of the Endangered Species Act May be in peril. Secretary Babbitt discusses the success of our environmental laws and urges recognition of the moral, ethical, and religious values underlying the Endangered Species Act. These values manifest themselves in a wolfs green eyes, a sacred blue mountain, the words from Genesis, and the answers of children. These considerations should lead us to the conclusion that we are responsible for the whole of creation.
ARTICLES
RECONCILING POLAR BEAR PROTECTION UNDER UNITED STATES LAWS AND THE INTERNATIONAL AGREEMENT FOR THE CONSERVATION OF POLAR BEARS
Donald C. Baur
This article outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. It also points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions.
SCREENING WATER DIVERSIONS FOR FISH PROTECTION: A SURVEY OF POLICY, PRACTICES AND COMPLIANCE IN THE PACIFIC NORTHWEST
James D. Crammond
Unscreened surface water diversions damage and kill young fish. The decline of anadromous fish stocks in the Columbia Basin puts a premium on protection of juvenile salmon. State laws require screens on surface water diversions, but compliance has been poor. The Endangered Species Act and the Northwest Power Act have motivated and funded a massive remedial screening effort since 1991. Effective screens, installed with ratepayer and taxpayer funds, have dramatically improved fish protection at diversions. However, many harmful diversions remain. This paper concludes that, although progress has been swift full compliance in 1996 is problematic. Greater incentives and enforcement are essential to complete screening in the Columbia Basin. After full compliance, maintenance and eventual replacement of screens are essential to the screening program's continued success. To avoid another Endangered Species Act "train wreck " states must transfer their screening experience to other watersheds in order to improve conditions for their native and resident fish.
BEYOND THE LAW: AGRIBUSINESS AND THE SYSTEMATIC ABUSE OF ANIMALS RAISED FOR FOOD OR FOOD PRODUCTION
David J. Wolfson
Mr. Wolfson surveys provisions under federal and state laws designed to minimize cruelty to animals raised for food or food production. Mr. Wolfson discusses the failure of such laws to provide adequate protection and compares U.S. provisions with European cruelty laws and finally poses alternatives to the current system.
SYMPOSIUM
On September 23, 1995, the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College held a symposium on issues affecting domestic and captive animals. Matters such as factory farming, animal litigation, animal welfare laws, bioethics, and anticruelty legislation were discussed. Participants in the symposium included attorneys, biologists, veterinarians, and professors or law. The following articles are adapted from remarks presented at the symposium.
BIOETHICS AND ANIMAL EXPERIMENTATION
Arthur B. LaFrance
SOME THOUGHTS ON ANIMAL EXPERIMENTATION
David Favre
PRINCIPLES OF ANIMAL RESEARCH: REPLACEMENT, REDUCTION, REFINEMENT, AND RESPONSIBILITY
Bryan D. Ogden, D.V.M.
BIOLOGICAL CONTINUITY AND GREAT APE RIGHTS
Mark A. Krause
LEGAL RIGHTS FOR NONHUMAN ANIMALS: THE CASE FOR CHIMPANZEES AND BONOBOS
Steven M. Wise
EFFECTIVE VOIR DIRE IN ANIMAL CASES
Larry Weiss
ANIMAL CRUELTY LEGISLATION: THE PASADO LAW AND ITS LEGACY
Steve Ann Chambers
THE KITTLES CASE AND ITS AFTERMATH
Joshua Marquis
THE OREGON BEAR AND COUGAR INITIATIVE: A LOOK AT THE INITIATIVE PROCESS
Nancy Perry