Articles

Title Sort descending	Author	Summary
A Public Policy Toward the Management of Feral Cats	Shawn Gorman and Julie Levy	This paper examines the current wildlife laws, both federal and state, to determine what laws may apply to managing the feral cat population. It begins with a determination of how domestic cats are classified under these laws. Since many laws are vague, the intent of the legislatures is investigated to determine if domestic cats were meant to be defined as a non-indigenous species. The focus then shifts to indicate ways to control the feral domestic cat population.
A Review of Animal Rights: Current Debates and New Directions	Laura Ireland Moore	In this article, Ms. Ireland Moore reviews the book, A Review of Animal Rights: Current Debates and Directions.
A Review of Minding Animals: Awareness, Emotions, and Heart by Dr. Marc Bekoff	Michael Tobias	This article contains a review of the book, Minding Animals: Awareness, Emotions, and Heart by Dr. Marc Bekoff.
A SHORT HISTORY OF (MOSTLY) WESTERN ANIMAL LAW: PART I	Thomas G. Kelch	This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. While economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment we see social engineering—efforts to change human behavior—come to the fore. In the recent modern period, we finally see protecting animals for their own sakes, animal protection, motivating animal law. In our present historical period there is a movement towards what is defined as “scientific animal welfare”—the use of modern animal welfare science as the inspiration for animal laws and regulations. Does this historical trend toward use of modern science in making animal law portend a change that may transform our relationship with animals? Modern science tells us that many animals have substantial cognitive abilities and rich emotional lives, and this science would seem to lead us to question the use of animals in agriculture, experimentation, and entertainment altogether. It is ultimately concluded in this Article, however, that so far only a very narrow science of animal welfare is actually being applied in modern animal protection laws and regulations, one that proceeds from a premise that present uses of animals are legally, ethically, and morally appropriate. It is only in the future that the true implications of modern science may ever be translated into legal reality.
A SHORT HISTORY OF (MOSTLY) WESTERN ANIMAL LAW: PART II	Thomas G. Kelch	This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. In Part I of this Article, it was discovered that while economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment, we see social engineering—efforts to change human behavior—come to the fore. In this Part II of the Article, it is found that in the recent modern historical period we finally see protecting animals for their own sakes—animal protection—motivating animal law. In our present historical period, this Part II of the Article uncovers a movement towards what is defined as “scientific animal welfare”—the use of modern animal-welfare science as the inspiration for animal laws and regulations. Does this historical trend toward the use of modern science in making animal law portend a change that may transform our relationship with animals? Modern science tells us that many animals have substantial cognitive abilities and rich emotional lives, and this science would seem to lead us to question the use of animals in agriculture, experimentation, and entertainment altogether. It is ultimately concluded in this Part II of the Article, however, that only a very narrow science of animal welfare is actually being applied in modern animal-protection laws and regulations, one that proceeds from the premise that present uses of animals are legally, ethically, and morally appropriate. It is only in the future that the true implications of modern science may ever be translated into legal reality.
A Show of Humanity to Slow Hugh, the Manatee: A Property Rights Proposal for the Sea Cow (with a Brief Consideration for his Friend, the Brown Pelican)	Mark A. Mullins	This paper explores the background of the manatee and the issues the species faces. It then sets forth some of the applicable laws that are currently in place, followed by a consideration of the benefits and shortcomings of those laws. Finally, it reflects on some changes that have been suggested, and, ultimately, introduces a new approach—providing property rights to the West Indian Manatee—with a response to potential criticism in mind.
A SLAVE BY ANY OTHER NAME IS STILL A SLAVE: THE TILIKUM CASE AND APPLICATION OF THE THIRTEENTH AMENDMENT TO NONHUMAN ANIMALS	Jeffrey S. Kerr, Martina Bernstein, Amanda Schwoerke, Matthew D. Strugar, Jared S. Goodman	On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this country—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amendment. The case presented, for the first time, the question of whether the Thirteenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpinnings, and argues that the district court’s opinion ultimately dismissing the suit failed to address the critical issues that animated this case of first impression: Who “counts” as a legal person for the purposes of law? Is it time to recognize nonhuman animals as legal persons, based on progressing scientific and normative views? What principles underlie the Thirteenth Amendment? When and how does the application of the Constitution expand? Can the meaning of the Constitution evolve to encompass the interests of nonhuman animals? Drawing on the United States Supreme Court’s long history of evolving constitutional interpretation, this Article presents four theories of constitutional change, under which the meanings of “slavery” and “involuntary servitude” are expansive enough to include nonhuman animals. Despite the district court’s decision, the case can be properly viewed as the first step toward the legal recognition that the Thirteenth Amendment protects the rights of nonhuman animals to be free from bondage.
A Step at a Time: New Zealands Progress Towards Hominid Rights	Rowan Taylor	Mr. Taylor writes about the Great Ape Project's campaign to win fundamental rights for all hominids with New Zealand's Animal Welfare Act. While the Act was a significant step in the struggle for hominids' rights, larger steps, including a Nonhuman Hominid Protection Bill, will soon follow.
A Survey of Agreements and Federal Legislation Protecting Polar Bears in the United States	Jamie M. Woolsey	Throughout the past few decades, international concern for polar bear welfare has increased dramatically. The multinational agreements forged for their conservation require significant policing, cooperation, and understanding of the complex ecological and economic considerations surrounding these predators. Woolsey’s article explores the international agreements and measures designed to save both the bears and their critical habitat.
Access to Eagles and Eagle Parts: Environmental Protection v. Native American Free Exercise of Religion	Antonia M. DeMeo	This article explores the inherent conflict between the federal laws to protect eagles through the BGEPA, MBTA, and ESA and Native American religious rights. The author finds that the current eagle permit system for Native Americans is incompatible with free exercise of religion. The author concludes that a revamping of the federal eagle permit system as well as the passage of the Native American Free Exercise of Religion Act (NAFERA)would help accommodate religious needs of Native Americans.
Adding a Bit More Bite: Suggestions for Improving Animal-Protection Laws in Minnesota	Corwin R. Kruse	This article provides an overview of current Minnesota laws regarding animal abuse and suggestions to future reforms in the laws. Specifically, the author suggests the creation of provisions related to cruelty in the presence of a child, animal hoarding, restrictions on ownership of animals, protective orders, mandatory reporting, expanded training for law enforcement, and civil enforcement of anti-cruelty laws.
Against the Current: The Attempt to Keep Asian Carp Out of the Great Lakes	Drew YoungeDyke	In the man-made channels connecting the Mississippi, Illinois and Des Plaines Rivers to Lake Michigan lurk fish with the potential to dramatically and permanently alter the biomass of the Great Lakes. Asian carp have been found in the Chicago Area Waterway System, and the effort to keep this injurious species out of Lake Michigan has sparked a multi-state legal battle, resurrecting an 81-year old Supreme Court case and a new request that the System’s locks be closed. At stake is the $70 million shipping industry that relies on the locks, the $7 billion fishing industry that relies on the lakes and the invaluable ecosystem and natural resources that comprise world’s largest freshwater lake system.
AGENDA: Biodiversity Protection: Implementation and Reform of the Endangered Species Act	University of Colorado Boulder Natural Resources Law Center	In 1996, the Endangered Species Act was up for reauthorization, and with it, a variety of reform proposals were debated in the Biodiversity Protection Conference at the University of Colorado—Boulder. The following conference proceeding -- which included natural resource scholars, experts from the private and nonprofit sectors, and government officials--examined the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and examples of implementation of the Act from across the West. Special attention was given to major issues raised by the Act that cut across all regions, including: consultations and recovery planning; habitat conservation plans; the ESA and water rights; the ESA and state programs; the ESA and tribal rights; economic impacts of the ESA; and ESA reform proposals.
AGENDA: Who Governs the Public Lands: Washington? The West? The Community?	University of Colorado Boulder Natural Resources Law Center	This second annual western lands conference explored federal initiatives about policy objectives and management approaches for public lands in the West, including the Colorado Grazing Roundtable and Rangeland '94, Option 9 and the Pacific Northwest forests, bypass flows and Colorado national forests, and wilderness protection in Utah. Speakers were from federal agencies; from states; from groups concerned with the use and protection of the public lands; and from academia.
All Hands On Deck: Biopiracy & the Available Protections for Traditional Knowledge	Shannon F. Smith	As the United States and other developed countries seek better protections for their intellectual property, Southern developing countries rich in biological resources seek better protections for these resources and the knowledge of their indigenous peoples. The story goes that Northern scientists are bioprospecting within Southern countries and obtaining knowledge about traditional plants and their uses from the countries’ native people. The Northern scientists then take this traditional knowledge and develop new uses or products, which they patent in their own countries. They do this, however, without compensating the indigenous groups who initially supplied the base knowledge. The indigenous people also claim that the cost of medicine and other goods rises, as their traditional knowledge may now come with a licensing fee. This Note discusses “traditional knowledge,” as this indigenous knowledge has been termed. It looks at what this knowledge is and the difficulties in defining it. It further looks at the problems traditional knowledge presents in terms of finding a solution both parties are satisfied with. As traditional knowledge generally does not fit in the Western concept of protectable intellectual property, this Note looks to the problems this conflict between differing property systems creates. Finally, this Note considers the current protections that are available for individual tribes or nations to choose between to fit their own individual needs, despite numerous failed attempts to integrate such protections into international treaties.
America Gets What it Wants: Pet Trusts and a Future for its Companion Animals	Breahn Vokolek	The pet trust has earned wide acceptance despite its unique non-human and noncharitable nature and has been adopted relatively quickly compared to other novel types of trusts. This comment reviews the history and characteristics of pet trusts to determine why they have been so widely recognized and to explore how the growth in their use and acceptance may be predictive of the development of trusts in the future.
American Wildlife Law - An Introduction	David Favre	This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority.
An Analysis of Factors Responsible for the Decline of the U.S. Horse Industry: Why Horse Slaughter is not the Solution	John Holland and Laura Allen	Copyright © 2013 by Kentucky Journal of Equine, Agriculture, & Natural Resources Law; John Holland and Laura Allen. Reprinted with permission.
An Analysis of Favre’s Theory on the Legal Status of Animals: Towards a Reconsideration of the “Person-Property Dichotomy”	Akimune Yoshida	In modern legal systems, only persons (including natural persons and legal persons) can have legal rights; property cannot. This perspective is known as the “Person-Property Dichotomy". Although animals are categorized as personal property, their legal treatment has changed from that of other forms of property, and in many jurisdictions, anti-cruelty laws have been enacted to punish owners of animals who abuse animals in their care. This unique legal status of animals leads us towards a reconsideration of the “Person-Property Dichotomy”. The Japanese Government is currently in the process of amending the Act on Welfare and Management of Animals. In Japan, there has been a dearth of academic debate to date about the legal status of animals, and it is helpful to see how other jurisdictions have discussed this topic. This paper focuses on David S. Favre’s theory as it has not been studied as deeply in Japan as its importance and societal needs merit. In order to keep animals within the concept of property and recognize their legal rights, Favre proposed an innovative concept, “living property”. His theory is based on the principle of trusts, which divide title into equitable and legal title, and acknowledges equitable self-ownership by animals. Whereas domestic animals possess equitable title and some legal rights, owners have only legal title. Such animals with equitable title thus become living property. When owners infringe domestic animals’ legal rights, such animals can sue their owners with the help of other humans as guardians. This paper introduces Favre’s theory on the legal status of animals from his own highly original perspective and analyzes it critically with a view to clarifying its implications for Japanese law.
An Animal is Not an Ipod	Diane Sullivan & Holly Vietzke	The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is often times the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Needless to say, awarding damages at fair market value serves as little or no deterrence for the tortfeasor. This is especially true in cases where the companion animal lacks pedigree or special training. However, some decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States on companion animals and proposes legislative action in the state of Florida for the recovery of the “loss of companionship” for owners of companion animals.
An Argument for the Basic Legal Rights of Farmed Animals	Steven M. Wise	As legal things, nonhuman animals lack all legal rights and remain entirely the object of the rights held by us legal persons—that is, the beings with rights. Most legal protections for nonhuman animals remain indirect (mostly anti-cruelty statutes), enforceable only by public prosecutors. Even the Endangered Species Act requires a human plaintiff to have standing sufficient under Article III of the United States Constitution. It has become clear that no meaningful percentage of nonhuman animals will ever be treated well or fairly until they attain some minimum degree of legal personhood—that is, until they achieve some minimum level of fundamental legal rights. In his article, Steven M. Wise argues for the fundamental rights of nonhuman animals by relying upon bedrock principles of Western law: liberty and equality.
An Ethical Critique of the Canadian Seal Hunt and an Examination of the Case for Import Controls on Seal Products	Andrew Linzey	The Canadian seal hunt has been the subject of criticism since the middle of the nineteenth century, but it is only since the 1960s that it has become a focus of international controversy. This document examines the putative justifications for the hunt and provides an ethical assessment.
AN INTERNATIONAL TREATY FOR ANIMAL WELFARE	David Favre	This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This Article argues that this is the best way to successfully pursue international protection by reconciling the conflicting goals of making a treaty enticing to as many countries as possible without eliminating enforcement mechanisms. This Article also suggests four companion protocols that would further delineate specific animal welfare standards and requirements.
AN INTERNATIONAL TREATY FOR ANIMAL WELFARE	David Favre	Currently there is no international agreement that ensures the welfare and protection of animals. Nor is there any international standard that regulates and defines the acceptable treatment of animals. This lack of international consensus leads to the current disparate treatment of animals around the world, echoing the need for an international framework addressing the issue. This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This Article argues that this is the best way to successfully pursue international protection by reconciling the conflicting goals of making a treaty enticing to as many countries as possible, without eliminating enforcement mechanisms. This Article also suggests four companion protocols that would further delineate specific animal welfare standards and requirements. With the present economic climate, it may be difficult to convince countries to pass such a treaty. However, the ICPA could make it possible to begin the process of enacting groundbreaking international animal protection.
An Introduction to Pet in Wills and Pet Euthanasia	Suzette Daniels	This paper examines several issues related to estate planning and companion animals. Included in the discussion are pet trusts, new provisions of the Uniform Probate Code, and will-stipulated euthanasia of pets.

A Public Policy Toward the Management of Feral Cats

Shawn Gorman and Julie Levy

This paper examines the current wildlife laws, both federal and state, to determine what laws may apply to managing the feral cat population. It begins with a determination of how domestic cats are classified under these laws. Since many laws are vague, the intent of the legislatures is investigated to determine if domestic cats were meant to be defined as a non-indigenous species. The focus then shifts to indicate ways to control the feral domestic cat population.

A Review of Animal Rights: Current Debates and New Directions

Laura Ireland Moore

In this article, Ms. Ireland Moore reviews the book, A Review of Animal Rights: Current Debates and Directions.

A Review of Minding Animals: Awareness, Emotions, and Heart by Dr. Marc Bekoff

Michael Tobias

This article contains a review of the book, Minding Animals: Awareness, Emotions, and Heart by Dr. Marc Bekoff.

A SHORT HISTORY OF (MOSTLY) WESTERN ANIMAL LAW: PART I

Thomas G. Kelch

This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. While economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment we see social engineering—efforts to change human behavior—come to the fore. In the recent modern period, we finally see protecting animals for their own sakes, animal protection, motivating animal law. In our present historical period there is a movement towards what is defined as “scientific animal welfare”—the use of modern animal welfare science as the inspiration for animal laws and regulations. Does this historical trend toward use of modern science in making animal law portend a change that may transform our relationship with animals? Modern science tells us that many animals have substantial cognitive abilities and rich emotional lives, and this science would seem to lead us to question the use of animals in agriculture, experimentation, and entertainment altogether. It is ultimately concluded in this Article, however, that so far only a very narrow science of animal welfare is actually being applied in modern animal protection laws and regulations, one that proceeds from a premise that present uses of animals are legally, ethically, and morally appropriate. It is only in the future that the true implications of modern science may ever be translated into legal reality.

A SHORT HISTORY OF (MOSTLY) WESTERN ANIMAL LAW: PART II

Thomas G. Kelch

This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. In Part I of this Article, it was discovered that while economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment, we see social engineering—efforts to change human behavior—come to the fore. In this Part II of the Article, it is found that in the recent modern historical period we finally see protecting animals for their own sakes—animal protection—motivating animal law. In our present historical period, this Part II of the Article uncovers a movement towards what is defined as “scientific animal welfare”—the use of modern animal-welfare science as the inspiration for animal laws and regulations. Does this historical trend toward the use of modern science in making animal law portend a change that may transform our relationship with animals? Modern science tells us that many animals have substantial cognitive abilities and rich emotional lives, and this science would seem to lead us to question the use of animals in agriculture, experimentation, and entertainment altogether. It is ultimately concluded in this Part II of the Article, however, that only a very narrow science of animal welfare is actually being applied in modern animal-protection laws and regulations, one that proceeds from the premise that present uses of animals are legally, ethically, and morally appropriate. It is only in the future that the true implications of modern science may ever be translated into legal reality.

A Show of Humanity to Slow Hugh, the Manatee: A Property Rights Proposal for the Sea Cow (with a Brief Consideration for his Friend, the Brown Pelican)

Mark A. Mullins

This paper explores the background of the manatee and the issues the species faces. It then sets forth some of the applicable laws that are currently in place, followed by a consideration of the benefits and shortcomings of those laws. Finally, it reflects on some changes that have been suggested, and, ultimately, introduces a new approach—providing property rights to the West Indian Manatee—with a response to potential criticism in mind.

A SLAVE BY ANY OTHER NAME IS STILL A SLAVE: THE TILIKUM CASE AND APPLICATION OF THE THIRTEENTH AMENDMENT TO NONHUMAN ANIMALS

Jeffrey S. Kerr, Martina Bernstein, Amanda Schwoerke, Matthew D. Strugar, Jared S. Goodman

On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this country—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amendment. The case presented, for the first time, the question of whether the Thirteenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpinnings, and argues that the district court’s opinion ultimately dismissing the suit failed to address the critical issues that animated this case of first impression: Who “counts” as a legal person for the purposes of law? Is it time to recognize nonhuman animals as legal persons, based on progressing scientific and normative views? What principles underlie the Thirteenth Amendment? When and how does the application of the Constitution expand? Can the meaning of the Constitution evolve to encompass the interests of nonhuman animals? Drawing on the United States Supreme Court’s long history of evolving constitutional interpretation, this Article presents four theories of constitutional change, under which the meanings of “slavery” and “involuntary servitude” are expansive enough to include nonhuman animals. Despite the district court’s decision, the case can be properly viewed as the first step toward the legal recognition that the Thirteenth Amendment protects the rights of nonhuman animals to be free from bondage.

A Step at a Time: New Zealands Progress Towards Hominid Rights

Rowan Taylor

Mr. Taylor writes about the Great Ape Project's campaign to win fundamental rights for all hominids with New Zealand's Animal Welfare Act. While the Act was a significant step in the struggle for hominids' rights, larger steps, including a Nonhuman Hominid Protection Bill, will soon follow.

A Survey of Agreements and Federal Legislation Protecting Polar Bears in the United States

Jamie M. Woolsey

Throughout the past few decades, international concern for polar bear welfare has increased dramatically. The multinational agreements forged for their conservation require significant policing, cooperation, and understanding of the complex ecological and economic considerations surrounding these predators. Woolsey’s article explores the international agreements and measures designed to save both the bears and their critical habitat.

Access to Eagles and Eagle Parts: Environmental Protection v. Native American Free Exercise of Religion

Antonia M. DeMeo

This article explores the inherent conflict between the federal laws to protect eagles through the BGEPA, MBTA, and ESA and Native American religious rights. The author finds that the current eagle permit system for Native Americans is incompatible with free exercise of religion. The author concludes that a revamping of the federal eagle permit system as well as the passage of the Native American Free Exercise of Religion Act (NAFERA)would help accommodate religious needs of Native Americans.

Adding a Bit More Bite: Suggestions for Improving Animal-Protection Laws in Minnesota

Corwin R. Kruse

This article provides an overview of current Minnesota laws regarding animal abuse and suggestions to future reforms in the laws. Specifically, the author suggests the creation of provisions related to cruelty in the presence of a child, animal hoarding, restrictions on ownership of animals, protective orders, mandatory reporting, expanded training for law enforcement, and civil enforcement of anti-cruelty laws.

Against the Current: The Attempt to Keep Asian Carp Out of the Great Lakes

Drew YoungeDyke

In the man-made channels connecting the Mississippi, Illinois and Des Plaines Rivers to Lake Michigan lurk fish with the potential to dramatically and permanently alter the biomass of the Great Lakes. Asian carp have been found in the Chicago Area Waterway System, and the effort to keep this injurious species out of Lake Michigan has sparked a multi-state legal battle, resurrecting an 81-year old Supreme Court case and a new request that the System’s locks be closed. At stake is the $70 million shipping industry that relies on the locks, the $7 billion fishing industry that relies on the lakes and the invaluable ecosystem and natural resources that comprise world’s largest freshwater lake system.

AGENDA: Biodiversity Protection: Implementation and Reform of the Endangered Species Act

University of Colorado Boulder Natural Resources Law Center

In 1996, the Endangered Species Act was up for reauthorization, and with it, a variety of reform proposals were debated in the Biodiversity Protection Conference at the University of Colorado—Boulder. The following conference proceeding -- which included natural resource scholars, experts from the private and nonprofit sectors, and government officials--examined the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and examples of implementation of the Act from across the West. Special attention was given to major issues raised by the Act that cut across all regions, including: consultations and recovery planning; habitat conservation plans; the ESA and water rights; the ESA and state programs; the ESA and tribal rights; economic impacts of the ESA; and ESA reform proposals.

AGENDA: Who Governs the Public Lands: Washington? The West? The Community?

University of Colorado Boulder Natural Resources Law Center

This second annual western lands conference explored federal initiatives about policy objectives and management approaches for public lands in the West, including the Colorado Grazing Roundtable and Rangeland '94, Option 9 and the Pacific Northwest forests, bypass flows and Colorado national forests, and wilderness protection in Utah. Speakers were from federal agencies; from states; from groups concerned with the use and protection of the public lands; and from academia.

All Hands On Deck: Biopiracy & the Available Protections for Traditional Knowledge

Shannon F. Smith

As the United States and other developed countries seek better protections for their intellectual property, Southern developing countries rich in biological resources seek better protections for these resources and the knowledge of their indigenous peoples. The story goes that Northern scientists are bioprospecting within Southern countries and obtaining knowledge about traditional plants and their uses from the countries’ native people. The Northern scientists then take this traditional knowledge and develop new uses or products, which they patent in their own countries. They do this, however, without compensating the indigenous groups who initially supplied the base knowledge. The indigenous people also claim that the cost of medicine and other goods rises, as their traditional knowledge may now come with a licensing fee. This Note discusses “traditional knowledge,” as this indigenous knowledge has been termed. It looks at what this knowledge is and the difficulties in defining it. It further looks at the problems traditional knowledge presents in terms of finding a solution both parties are satisfied with. As traditional knowledge generally does not fit in the Western concept of protectable intellectual property, this Note looks to the problems this conflict between differing property systems creates. Finally, this Note considers the current protections that are available for individual tribes or nations to choose between to fit their own individual needs, despite numerous failed attempts to integrate such protections into international treaties.

America Gets What it Wants: Pet Trusts and a Future for its Companion Animals

Breahn Vokolek

The pet trust has earned wide acceptance despite its unique non-human and noncharitable nature and has been adopted relatively quickly compared to other novel types of trusts. This comment reviews the history and characteristics of pet trusts to determine why they have been so widely recognized and to explore how the growth in their use and acceptance may be predictive of the development of trusts in the future.

American Wildlife Law - An Introduction

David Favre

This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority.

An Analysis of Factors Responsible for the Decline of the U.S. Horse Industry: Why Horse Slaughter is not the Solution

John Holland and Laura Allen

An Analysis of Favre’s Theory on the Legal Status of Animals: Towards a Reconsideration of the “Person-Property Dichotomy”

Akimune Yoshida

In modern legal systems, only persons (including natural persons and legal persons) can have legal rights; property cannot. This perspective is known as the “Person-Property Dichotomy". Although animals are categorized as personal property, their legal treatment has changed from that of other forms of property, and in many jurisdictions, anti-cruelty laws have been enacted to punish owners of animals who abuse animals in their care. This unique legal status of animals leads us towards a reconsideration of the “Person-Property Dichotomy”. The Japanese Government is currently in the process of amending the Act on Welfare and Management of Animals. In Japan, there has been a dearth of academic debate to date about the legal status of animals, and it is helpful to see how other jurisdictions have discussed this topic. This paper focuses on David S. Favre’s theory as it has not been studied as deeply in Japan as its importance and societal needs merit. In order to keep animals within the concept of property and recognize their legal rights, Favre proposed an innovative concept, “living property”. His theory is based on the principle of trusts, which divide title into equitable and legal title, and acknowledges equitable self-ownership by animals. Whereas domestic animals possess equitable title and some legal rights, owners have only legal title. Such animals with equitable title thus become living property. When owners infringe domestic animals’ legal rights, such animals can sue their owners with the help of other humans as guardians. This paper introduces Favre’s theory on the legal status of animals from his own highly original perspective and analyzes it critically with a view to clarifying its implications for Japanese law.

An Animal is Not an Ipod

Diane Sullivan & Holly Vietzke

The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is often times the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Needless to say, awarding damages at fair market value serves as little or no deterrence for the tortfeasor. This is especially true in cases where the companion animal lacks pedigree or special training. However, some decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States on companion animals and proposes legislative action in the state of Florida for the recovery of the “loss of companionship” for owners of companion animals.

An Argument for the Basic Legal Rights of Farmed Animals

Steven M. Wise

As legal things, nonhuman animals lack all legal rights and remain entirely the object of the rights held by us legal persons—that is, the beings with rights. Most legal protections for nonhuman animals remain indirect (mostly anti-cruelty statutes), enforceable only by public prosecutors. Even the Endangered Species Act requires a human plaintiff to have standing sufficient under Article III of the United States Constitution. It has become clear that no meaningful percentage of nonhuman animals will ever be treated well or fairly until they attain some minimum degree of legal personhood—that is, until they achieve some minimum level of fundamental legal rights. In his article, Steven M. Wise argues for the fundamental rights of nonhuman animals by relying upon bedrock principles of Western law: liberty and equality.

An Ethical Critique of the Canadian Seal Hunt and an Examination of the Case for Import Controls on Seal Products

Andrew Linzey

The Canadian seal hunt has been the subject of criticism since the middle of the nineteenth century, but it is only since the 1960s that it has become a focus of international controversy. This document examines the putative justifications for the hunt and provides an ethical assessment.

AN INTERNATIONAL TREATY FOR ANIMAL WELFARE

David Favre

This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This Article argues that this is the best way to successfully pursue international protection by reconciling the conflicting goals of making a treaty enticing to as many countries as possible without eliminating enforcement mechanisms. This Article also suggests four companion protocols that would further delineate specific animal welfare standards and requirements.

AN INTERNATIONAL TREATY FOR ANIMAL WELFARE

David Favre

Currently there is no international agreement that ensures the welfare and protection of animals. Nor is there any international standard that regulates and defines the acceptable treatment of animals. This lack of international consensus leads to the current disparate treatment of animals around the world, echoing the need for an international framework addressing the issue. This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This Article argues that this is the best way to successfully pursue international protection by reconciling the conflicting goals of making a treaty enticing to as many countries as possible, without eliminating enforcement mechanisms. This Article also suggests four companion protocols that would further delineate specific animal welfare standards and requirements. With the present economic climate, it may be difficult to convince countries to pass such a treaty. However, the ICPA could make it possible to begin the process of enacting groundbreaking international animal protection.

An Introduction to Pet in Wills and Pet Euthanasia

Suzette Daniels

This paper examines several issues related to estate planning and companion animals. Included in the discussion are pet trusts, new provisions of the Uniform Probate Code, and will-stipulated euthanasia of pets.

Copyright © 2013 by Kentucky Journal of Equine, Agriculture, & Natural Resources Law; John Holland and Laura Allen. Reprinted with permission.

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