Articles

Title Sort descending	Author	Summary
Frequently Asked Questions on Local Dog Laws	Rebecca F. Wisch	This article answers some typical questions relating to local dog laws.
From Factory Farming to A Sustainable Food System: A Legislative Approach	Michelle Johnson-Weider	This Article explores the true costs of widespread industrialized agricultural practices in the United States (“U.S.”), particularly the most egregious of those practices—concentrated animal feeding operations (“CAFOs”). For nearly a hundred years, the United States has used federal policy and taxpayer dollars to support agricultural practices focused on high yields and cheap animal-based protein. As a result, the United States is reaping a harvest of toxicity: drinking water contaminated with cancer-causing nitrates and cyanobacteria, untreated animal sewage flooding across watersheds and adulterating crops, and dead zones in the Gulf of Mexico and the Chesapeake Bay that cost state fishing and tourism industries hundreds of millions of dollars in lost revenues. Society picks up the true cost of “cheap meat” while industrialized agriculture thrives in a seemingly endless stream of federal support. It is long past time for a change. This Article proposes legislation that would leverage the power of the federal government to promote sustainable agricultural practices to reduce and eventually reverse the devastating health, economic, and environmental impacts of industrialized agricultural production.
From Inside the Cage to Outside the Box: Natural Resources as a Platform for Nonhuman	Randall S. Abate & Jonathan Crowe	This article considers the legal avenues available to protect nonhuman animals in the U.S. and Australia, focusing particularly on the attribution of legal personhood. Section 2 of the article reviews attempts by the Nonhuman Rights Project (NhRP) to establish legal personhood protections for nonhuman animals through writ of habeas corpus petitions under U.S. common law. Section 3 surveys the options for recognition of animal personhood under Australian law, discussing issues of standing, habeas corpus, and guardianship models. Section 4 discusses the growing movement to assign legal personhood rights to natural resources. The article proposes that to the extent that natural resources have received legal personhood protection to recognize their inherent value, similar protections should be afforded to animals. In the meantime, habeas corpus, standing, and guardianship theories provide valuable procedural platforms for incremental progress toward protecting nonhuman animals in both the U.S. and Australia.
From Microbe to Man	Mark O. Hatfield	This article discusses federal policy towards animal patenting, including the Senator's introduction of legislation to establish a National Ethics Advisory Board, and current issues in bioethics.
From Social Justice to Animal Liberation	Carter Dillard and Matthew Hamity	Protecting and liberating animals is surely part of social justice’s core of freeing the vulnerable from the powerful, but in many ways the animal movement exists outside of that tide. Arguably that is because of its historic focus on the animals themselves, rather than upon the antecedent, anthropocentric, and outcome-determining nature of human power systems, the ones through which humans oppress one another, and the systems many animal advocates unwittingly accept even as those systems undo any progress—though things like population growth—the advocates claim to be making. This myopia makes claims regarding animal law and liberation a misnomer. Recent attacks on women’s bodily autonomy in terminating pregnancies which will also have a devastating impact on nonhumans, and the animal rights movement’s relative silence in the face of these attacks while continuing largely performative campaigns, is exemplary. This article offers recognition of these power systems through an animal rights perspective, systems which threaten humans and nonhumans from a common source, and a framework for threading animal rights into social justice more generally to overcome those specific actors—many of whom masquerade as animal activists—behind the power imbalance. It also offers a test for the success of the transition, whereby normative systems come to rely on true consent more than coercion or incentives, as a sign that power is being redistributed from the powerful to the vulnerable.
FROM THE HALLS OF CONGRESS TO THE SHORES OF THE LITTLE T: THE SNAIL DARTER AND THE DAM: HOW PORK-BARREL POLITICS ENDANGERED A LITTLE FISH AND KILLED A RIVER BY ZYGMUNT J. B. PLATER	Sarah Blankenship	The snail darter has become a symbol of environmental extremism. In reality, however, the farmers, members of the Cherokee Nation, and concerned citizens were simply fighting to keep the Tennessee Valley Authority (TVA)’s Tellico Dam from destroying the last free-flowing miles of the Little Tennessee River. This Book Review examines the work of Zygmunt J.B. Plater, the law professor who, along with ordinary citizens, fought their case all the way to the United States Supreme Court in defense of their river, the snail darter, and the Endangered Species Act. Plater reveals the truth behind the landmark TVA v. Hill case in The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Little Fish and Killed a River, by recounting the history of the region and evolution of the case. He also exposes the perverse pork-barrel politics behind the Tellico Dam, and reveals the power of media on the public’s perception of the snail darter case that resonates to this day. This Review highlights the most important aspects of Plater’s story, but it also examines the ways in which Plater and his team could have improved the public perception of the TVA v. Hill controversy. This Review urges everyone who wishes to enter the public sphere to have their voices heard to read The Snail Darter and the Dam for its inspirational and instructive importance.
Fuzzy Toys and Fuzzy Feelings: How the “Disney” Culture Provides the Necessary Psychological Link to Improving Animal Welfare	Lindsay Schafer Hurt	The connection between pop culture's psychological influences on society and on people's ability to empathize helps explain the legal shift to address practices of animal testing, animal fighting, and other abuse or torturous practices. The media helps cultivate increased sentiment for animal welfare, which is the first hurdle to overcome when advocating for a change regarding animals in the law. This Note discusses specifically how Disney movies featuring animal characters have furthered an interest in animal welfare. This Note further proposes that courts' realization that scientific evidence of suffering is inadequate to measure or identify cruelty is essential to sufficiently provide legal protections to animals.
GENETIC ENGINEERING OF DOMESTIC ANIMALS: HUMAN PREROGATIVE OR ANIMAL CRUELTY	Michelle K. Albrecht	Selective breeding and genetic engineering of domestic animals represent two of science's most manipulative advancements of the last century. One of the many questions raised by these procedures is whether the suffering produced violates state anti-cruelty laws. California's animal anti-cruelty statute is one of the most comprehensive and progressive in the country. This article examines whether selective breeding and genetic engineering violate California's anti-cruelty statute, highlighting recent California case law interpreting these statutes and outlining the standard to determine when a violation has occurred. Furthermore, the article seeks to articulate policy suggestions to further the protection afforded these animals affected by science.
Georgia's "Responsible Dog Ownership Law" Summary (2012)	Claudine Wilkins	On May 3, 2012 Governor Deal signed the "Responsible Dog Ownership Law", OCGA 4-8-1 through 4-8-33, legislation sponsored by Rep. Gene Maddox to protect the general public and their pets from injuries and death caused by dog attacks. The law was meant to provide “minimal” standards across the state but does not prevent counties or cities from adding more restrictive requirements & stringent penalties. This law clarifies classifications of dogs subsequent to the event and outlines the responsibilities of owners and the consequences of non-compliance with the requirements. The effective date is July 1, 2012.
Georgia’s "Responsible Dog Ownership Law" Summary	Claudine Wilkins	This document provides of summary of the "Responsible Dog Ownership Law" (RDOA) of Georgia, signed into law by Governor Deal in 2012.
GETTING SPECIES ON BOARD THE ARK ONE LAWSUIT AT A TIME: HOW THE FAILURE TO LIST DESERVING SPECIES HAS UNDERCUT THE EFFECTIVENESS OF THE ENDANGERED SPECIES ACT	James Jay Tutchton	This Article, presented by a former general counsel for WildEarth Guardians, discusses the organization’s attempts to protect imperiled species under the Endangered Species Act (ESA). By comparing extinction patterns from the past, we can see that the human impact on the Earth’s biodiversity is similar to that caused by past geological catastrophes. The ESA is the Noah’s Ark of our time, providing the best opportunity to help stem the tide of extinction. In analyzing the ESA, it is clear that the Act serves important human interests and is effective when utilized as intended. However, the United States Fish & Wildlife Service (FWS)—citing budgetary restrictions—has failed to list thousands of species likely warranting protection. WildEarth Guardians, in an effort to prevent humans from driving a large percentage of other species to extinction, developed a strategy in which they filed two “mega-petitions” and conducted a “BioBlitz.” The mega-petitions, which sought the listing of hundreds of species, and the roughly six week BioBlitz finally got the attention of FWS and led to a Multidistrict Litigation settlement. The Article concludes by analyzing the effectiveness of the settlement and its resulting success for the future of the ESA.
GIVING SLAUGHTERHOUSES GLASS WALLS: A NEW DIRECTION IN FOOD LABELING AND ANIMAL WELFARE	Zak Franklin	Modern industrial animal agriculture and consumer purchasing patterns do not match consumers' moral preferences regarding animal welfare. Current production methods inflict a great deal of harm on animals despite widespread consumer preference for meat, dairy, and eggs that come from humanely treated animals. Judging by the premium pricing and market shares of food products with moral or special labels (e.g., 'cage-free," 'free range,' and 'organic'), many consumers are willing to pay more for less harmful products, but they are unable to determine which products match this preference. The labels placed on animal products, and the insufficient government oversight of these labels, are significant factors in consumer ignorance because producers are allowed to use misleading labels and thwart consumers from aligning their preferences with their purchases. Producers are allowed to label their goods as friendly to animals or the environment without taking action to conform to those claims. Meanwhile, producers who do invest resources into more humane or environmentally-conscious production methods are competing with companies that do not make similar expenditures. Those companies can sell their products at a lower price without sacrificing profits, which prices-out producers who do invest resources. This Article proposes a new labeling regime in which animal products feature labels that adequately inform consumers of agricultural practices so that consumers can match their purchases with their moral preferences. In this proposed scheme, animal products would contain a label that concisely and objectively informs consumers what practices went into the making of that item. Such a scheme would enable consumers who wish to pay more for humane or environmentally-friendly products to do so, while rewarding those companies who actually do engage in better production methods. While the legal literature discussing food labeling and animal welfare is growing, most of the literature proposes legal definitions of terms like 'humane,' expansion of consumer protection law, or labeling systems in which third-parties provide grading or ranking systems for producers of animal products. This Article rejects those proposals as inadequate to sufficiently inform consumers and instead suggests providing consumers with a list of select practices producers engage in.
Golden Eagles for the Gods	Ted Williams	Ted Williams' article explores the religious ritualistic killing of golden eaglets by a faction of the Hopi Indian Tribe. Williams questions whether the National Park Service Policy that contravenes both the BGEPA and Park Service policy truly reflects the best interest of both the Native American religious community and the fragile eagle population.
Good Badger, Bad Badger: The Impact of Perspective on Wildlife Law and Policy	Peter L. Fitzgerald	The Law Commission of England and Wales is examining how the country’s rich patchwork of wildlife laws might be updated. At the same time the government, advocates, and the public are in the midst of a vigorous debate over whether badgers should be culled in an effort to control the spread bovine tuberculosis within the United Kingdom. Both of these efforts highlight how divergent views regarding our relationship to wildlife and the natural environment in the 21st century influence both broad questions regarding the structure of laws and regulations affecting wildlife, generally, as well as how to approach very specific problems and issues. While these sorts of debates over wildlife are not new, the vast majority of the population in the U.K. and many other industrialized countries has lost much of its connection to the wild as urbanization has continued to grow. Accordingly, what is new in today’s world is the degree to which popular support for one or another position advanced by interested parties depends not upon actual experience with nature and wildlife but rather with the popular public image of the wildlife at issue—and whether they are perceived as either “good” or “bad”.
Got Organic Milk? "Pasture"-Ize it!: An Analysis of the UDSA's Pasture Regulations for Organic Dairy Animals	Fatema Merchant	This article discusses the “access to pasture” issue and analyzes the ambiguity that has lead to widely varied farming practices and finished products. The vague language undermines the goals of the National Organic Program and threatens the integrity of the organic seal. This article suggests ways to clarify the standards and offers alternative solutions to the problems facing consumers, organic food advocates, and farmers because of the vague regulations
Greyhounds: Racing to Their Deaths	Addie P. Asay	Following the introduction, Part II considers the history of the greyhound and the path that led to greyhound racing. Part III discusses the abuse inflicted on greyhounds, and animals used in their training, that has been prosecuted under anti-cruelty statutes. Part IV considers the institutionalized abuse and mistreatment of greyhounds not punished under anti-cruelty statutes. Part V attempts to discover why anti-cruelty statutes have not protected greyhounds adequately. Part VI counters the argument that, because the racing industry is in economic decline, the market should be left to deal with the problem, while Part VII asserts that the most effective way to protect greyhounds is to abolish greyhound racing through a voter-initiative-and- education campaign, which would focus on the abuses experienced by the greyhounds and the costs--moral, physical, and economic--to society because of greyhound racing.
HABITAT-BASED CONSERVATION LEGISLATION: A NEW DIRECTION FOR SEA TURTLE CONSERVATION	Tara Zuardo	This Comment explores various agreements designed to protect sea turtles at international and local levels as migratory species. Traditional approaches have been unsuccessful at addressing the myriad threats that face sea turtles.
Hair Today, Gone Tomorrow: Equine Cosmetic Crimes and Other Tails of Woe	Sandra Tozzini	Many invasive procedures, including surgery, are performed on horses’ tails purely for cosmetic reasons. These procedures fall into a variety of categories from the arguably unethical to the undoubtedly criminal. Although criminal laws prohibiting certain cosmetic surgeries have been in existence for approximately one hundred years, they rarely have been enforced. This article reviews the current status of both American and international “anti-cosmetic” statutes, focusing on the constitutional problems that the current American statutes raise. The article proposes a model federal statute that is constitutionally sound, addresses all forms of cosmetic tail procedures, and provides a vehicle for enforcement.
HARMING THE TINKERER: THE CASE FOR ALIGNING STANDING AND PRELIMINARY INJUNCTION ANALYSIS IN THE ENDANGERED SPECIES ACT	Danny Lutz	Reviewing preliminary injunction motions under the Endangered Species Act (ESA), most district courts evaluate “irreparable harm” through one of two lines of analysis. One line, promoted by property rights interest groups, reasons that individual mortalities might not constitute irreparable harm if they do not impact survival of the species. In contrast to this “species-level harm” analysis, another approach argues that “individual-level harm” suffices because it is irreparable to the animal. The recent First Circuit opinion in Animal Welfare Institute v. Martin attempts, but ultimately fails, to bridge the divide over which level of analysis to apply for irreparable harm under the ESA. Rather than pick a side about the appropriate level of animal harm analysis, this Article approaches the question of irreparable harm from a fresh angle. Drawing on procedural and remedial principles from across the ideological spectrum, this Article argues that analyzing the scope of animal harm is a false choice. Instead, courts should look to the human plaintiff to define irreparable harm: Will the defendant’s actions harm the plaintiff’s interest? Focusing on irreparable harm to the plaintiff cleans up a messy jurisprudence: it fits the plain text of the traditional injunction standard, fulfills the purpose of the ESA, and synchronizes with the standing analysis. This Article investigates the consequences of moving from an animal harm to a human harm analysis for ESA preliminary injunctions, and identifies the likely challenges for both institutional defendants and wildlife advocates.
Hear Me Roar: Should Universities Use Live Animals as Mascots	Jessica Baranko	This article will argue that the recent regulation of universities' use of Native American mascots has paved the way for criticism of universities' use of live animals as mascots. Part II will examine the federal law governing the treatment of nonhuman animals, the Animal Welfare Act (AWA), and examples of cases based on the AWA. Part III will examine the state laws and provide examples of state animal anti-cruelty statutes and cases. Part IV will explain why both the AWA and the state anti-cruelty laws apply to universities. Then, Part V will argue why universities should be proactive and create guidelines and restrictions on the use of live, nonhuman animals as mascots in light of animal rights activists protesting the use of nonhuman animals for entertainment, including in circuses, shows, and movies.
HONORABLE DISCHARGE : PAWS V. DEPARTMENT OF THE NAVY	Andrea Vitalich	This article explores the implications of Progressive Animal Welfare Society v. Dep't of Navy and presents one possible vision of the National Environmental Protection Act (NEPA) in the area of animal protection. The author begins by examining NEPA and the Progressive case, and what the case may mean for marine mammals. Next, the author considers the possible applications of the Progressive holding to the protection of other animals. Finally, the author concludes that NEPA, through reverse impact studies, remains the best hope for preserving this country's wildlife.
HONORABLE DISCHARGE: PAWS v. DEPARTMENT OF THE NAVY	Andrea Vitalich	This article explores the implications of Progressive Animal Welfare Society v. Dep't of Navy and presents one possible vision of the National Environmental Protection Act (NEPA) in the area of animal protection. The author begins by examining NEPA and the Progressive case, and what the case may mean for marine mammals. Next, the author considers the possible applications of the Progressive holding to the protection of other animals. Finally, the author concludes that NEPA, through reverse impact studies, remains the best hope for preserving this country's wildlife.
HOT, CROWDED, AND LEGAL: A LOOK AT INDUSTRIAL AGRICULTURE IN THE UNITED STATES AND BRAZIL	David N. Cassuto & Sarah Saville Cassuto & Sarah Saville	Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price to the U.S. and Brazil of remedying these impacts are high, the costs to humans, animals, and the environment by failing to do so is immeasurable.
How Can I Report Animal Abuse Shown on Social Media?	Rebecca F. Wisch	This FAQ discusses the issue of reporting animal cruelty witnessed on a social media website.
How Nonhuman Animals Were Trapped in a Nonexistent Universe	Steven M. Wise	The first in a series of articles by the author whose overall purpose is to explain why legal rights need not be restricted to human beings and why a handful of rights that protect fundamental interests of human beings should also protect the fundamental interests of such nonhuman animals as chimpanzees and bonobos. The second article in this series traces the development of the common law as it concerns the relationships between human and nonhuman animals from its beginnings in the Mesopotamian "law code" of the third and second millennia, B.C. until today.

Frequently Asked Questions on Local Dog Laws

Rebecca F. Wisch

This article answers some typical questions relating to local dog laws.

From Factory Farming to A Sustainable Food System: A Legislative Approach

Michelle Johnson-Weider

This Article explores the true costs of widespread industrialized agricultural practices in the United States (“U.S.”), particularly the most egregious of those practices—concentrated animal feeding operations (“CAFOs”). For nearly a hundred years, the United States has used federal policy and taxpayer dollars to support agricultural practices focused on high yields and cheap animal-based protein. As a result, the United States is reaping a harvest of toxicity: drinking water contaminated with cancer-causing nitrates and cyanobacteria, untreated animal sewage flooding across watersheds and adulterating crops, and dead zones in the Gulf of Mexico and the Chesapeake Bay that cost state fishing and tourism industries hundreds of millions of dollars in lost revenues. Society picks up the true cost of “cheap meat” while industrialized agriculture thrives in a seemingly endless stream of federal support. It is long past time for a change. This Article proposes legislation that would leverage the power of the federal government to promote sustainable agricultural practices to reduce and eventually reverse the devastating health, economic, and environmental impacts of industrialized agricultural production.

From Inside the Cage to Outside the Box: Natural Resources as a Platform for Nonhuman

Randall S. Abate & Jonathan Crowe

This article considers the legal avenues available to protect nonhuman animals in the U.S. and Australia, focusing particularly on the attribution of legal personhood. Section 2 of the article reviews attempts by the Nonhuman Rights Project (NhRP) to establish legal personhood protections for nonhuman animals through writ of habeas corpus petitions under U.S. common law. Section 3 surveys the options for recognition of animal personhood under Australian law, discussing issues of standing, habeas corpus, and guardianship models. Section 4 discusses the growing movement to assign legal personhood rights to natural resources. The article proposes that to the extent that natural resources have received legal personhood protection to recognize their inherent value, similar protections should be afforded to animals. In the meantime, habeas corpus, standing, and guardianship theories provide valuable procedural platforms for incremental progress toward protecting nonhuman animals in both the U.S. and Australia.

From Microbe to Man

Mark O. Hatfield

This article discusses federal policy towards animal patenting, including the Senator's introduction of legislation to establish a National Ethics Advisory Board, and current issues in bioethics.

From Social Justice to Animal Liberation

Carter Dillard and Matthew Hamity

Protecting and liberating animals is surely part of social justice’s core of freeing the vulnerable from the powerful, but in many ways the animal movement exists outside of that tide. Arguably that is because of its historic focus on the animals themselves, rather than upon the antecedent, anthropocentric, and outcome-determining nature of human power systems, the ones through which humans oppress one another, and the systems many animal advocates unwittingly accept even as those systems undo any progress—though things like population growth—the advocates claim to be making. This myopia makes claims regarding animal law and liberation a misnomer. Recent attacks on women’s bodily autonomy in terminating pregnancies which will also have a devastating impact on nonhumans, and the animal rights movement’s relative silence in the face of these attacks while continuing largely performative campaigns, is exemplary. This article offers recognition of these power systems through an animal rights perspective, systems which threaten humans and nonhumans from a common source, and a framework for threading animal rights into social justice more generally to overcome those specific actors—many of whom masquerade as animal activists—behind the power imbalance. It also offers a test for the success of the transition, whereby normative systems come to rely on true consent more than coercion or incentives, as a sign that power is being redistributed from the powerful to the vulnerable.

FROM THE HALLS OF CONGRESS TO THE SHORES OF THE LITTLE T: THE SNAIL DARTER AND THE DAM: HOW PORK-BARREL POLITICS ENDANGERED A LITTLE FISH AND KILLED A RIVER BY ZYGMUNT J. B. PLATER

Sarah Blankenship

The snail darter has become a symbol of environmental extremism. In reality, however, the farmers, members of the Cherokee Nation, and concerned citizens were simply fighting to keep the Tennessee Valley Authority (TVA)’s Tellico Dam from destroying the last free-flowing miles of the Little Tennessee River. This Book Review examines the work of Zygmunt J.B. Plater, the law professor who, along with ordinary citizens, fought their case all the way to the United States Supreme Court in defense of their river, the snail darter, and the Endangered Species Act. Plater reveals the truth behind the landmark TVA v. Hill case in The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Little Fish and Killed a River, by recounting the history of the region and evolution of the case. He also exposes the perverse pork-barrel politics behind the Tellico Dam, and reveals the power of media on the public’s perception of the snail darter case that resonates to this day. This Review highlights the most important aspects of Plater’s story, but it also examines the ways in which Plater and his team could have improved the public perception of the TVA v. Hill controversy. This Review urges everyone who wishes to enter the public sphere to have their voices heard to read The Snail Darter and the Dam for its inspirational and instructive importance.

Fuzzy Toys and Fuzzy Feelings: How the “Disney” Culture Provides the Necessary Psychological Link to Improving Animal Welfare

Lindsay Schafer Hurt

The connection between pop culture's psychological influences on society and on people's ability to empathize helps explain the legal shift to address practices of animal testing, animal fighting, and other abuse or torturous practices. The media helps cultivate increased sentiment for animal welfare, which is the first hurdle to overcome when advocating for a change regarding animals in the law. This Note discusses specifically how Disney movies featuring animal characters have furthered an interest in animal welfare. This Note further proposes that courts' realization that scientific evidence of suffering is inadequate to measure or identify cruelty is essential to sufficiently provide legal protections to animals.

GENETIC ENGINEERING OF DOMESTIC ANIMALS: HUMAN PREROGATIVE OR ANIMAL CRUELTY

Michelle K. Albrecht

Selective breeding and genetic engineering of domestic animals represent two of science's most manipulative advancements of the last century. One of the many questions raised by these procedures is whether the suffering produced violates state anti-cruelty laws. California's animal anti-cruelty statute is one of the most comprehensive and progressive in the country. This article examines whether selective breeding and genetic engineering violate California's anti-cruelty statute, highlighting recent California case law interpreting these statutes and outlining the standard to determine when a violation has occurred. Furthermore, the article seeks to articulate policy suggestions to further the protection afforded these animals affected by science.

Georgia's "Responsible Dog Ownership Law" Summary (2012)

Claudine Wilkins

On May 3, 2012 Governor Deal signed the "Responsible Dog Ownership Law", OCGA 4-8-1 through 4-8-33, legislation sponsored by Rep. Gene Maddox to protect the general public and their pets from injuries and death caused by dog attacks. The law was meant to provide “minimal” standards across the state but does not prevent counties or cities from adding more restrictive requirements & stringent penalties. This law clarifies classifications of dogs subsequent to the event and outlines the responsibilities of owners and the consequences of non-compliance with the requirements. The effective date is July 1, 2012.

Georgia’s "Responsible Dog Ownership Law" Summary

Claudine Wilkins

This document provides of summary of the "Responsible Dog Ownership Law" (RDOA) of Georgia, signed into law by Governor Deal in 2012.

GETTING SPECIES ON BOARD THE ARK ONE LAWSUIT AT A TIME: HOW THE FAILURE TO LIST DESERVING SPECIES HAS UNDERCUT THE EFFECTIVENESS OF THE ENDANGERED SPECIES ACT

James Jay Tutchton

This Article, presented by a former general counsel for WildEarth Guardians, discusses the organization’s attempts to protect imperiled species under the Endangered Species Act (ESA). By comparing extinction patterns from the past, we can see that the human impact on the Earth’s biodiversity is similar to that caused by past geological catastrophes. The ESA is the Noah’s Ark of our time, providing the best opportunity to help stem the tide of extinction. In analyzing the ESA, it is clear that the Act serves important human interests and is effective when utilized as intended. However, the United States Fish & Wildlife Service (FWS)—citing budgetary restrictions—has failed to list thousands of species likely warranting protection. WildEarth Guardians, in an effort to prevent humans from driving a large percentage of other species to extinction, developed a strategy in which they filed two “mega-petitions” and conducted a “BioBlitz.” The mega-petitions, which sought the listing of hundreds of species, and the roughly six week BioBlitz finally got the attention of FWS and led to a Multidistrict Litigation settlement. The Article concludes by analyzing the effectiveness of the settlement and its resulting success for the future of the ESA.

GIVING SLAUGHTERHOUSES GLASS WALLS: A NEW DIRECTION IN FOOD LABELING AND ANIMAL WELFARE

Zak Franklin

Modern industrial animal agriculture and consumer purchasing patterns do not match consumers' moral preferences regarding animal welfare. Current production methods inflict a great deal of harm on animals despite widespread consumer preference for meat, dairy, and eggs that come from humanely treated animals. Judging by the premium pricing and market shares of food products with moral or special labels (e.g., 'cage-free," 'free range,' and 'organic'), many consumers are willing to pay more for less harmful products, but they are unable to determine which products match this preference. The labels placed on animal products, and the insufficient government oversight of these labels, are significant factors in consumer ignorance because producers are allowed to use misleading labels and thwart consumers from aligning their preferences with their purchases. Producers are allowed to label their goods as friendly to animals or the environment without taking action to conform to those claims. Meanwhile, producers who do invest resources into more humane or environmentally-conscious production methods are competing with companies that do not make similar expenditures. Those companies can sell their products at a lower price without sacrificing profits, which prices-out producers who do invest resources. This Article proposes a new labeling regime in which animal products feature labels that adequately inform consumers of agricultural practices so that consumers can match their purchases with their moral preferences. In this proposed scheme, animal products would contain a label that concisely and objectively informs consumers what practices went into the making of that item. Such a scheme would enable consumers who wish to pay more for humane or environmentally-friendly products to do so, while rewarding those companies who actually do engage in better production methods. While the legal literature discussing food labeling and animal welfare is growing, most of the literature proposes legal definitions of terms like 'humane,' expansion of consumer protection law, or labeling systems in which third-parties provide grading or ranking systems for producers of animal products. This Article rejects those proposals as inadequate to sufficiently inform consumers and instead suggests providing consumers with a list of select practices producers engage in.

Golden Eagles for the Gods

Ted Williams

Ted Williams' article explores the religious ritualistic killing of golden eaglets by a faction of the Hopi Indian Tribe. Williams questions whether the National Park Service Policy that contravenes both the BGEPA and Park Service policy truly reflects the best interest of both the Native American religious community and the fragile eagle population.

Good Badger, Bad Badger: The Impact of Perspective on Wildlife Law and Policy

Peter L. Fitzgerald

The Law Commission of England and Wales is examining how the country’s rich patchwork of wildlife laws might be updated. At the same time the government, advocates, and the public are in the midst of a vigorous debate over whether badgers should be culled in an effort to control the spread bovine tuberculosis within the United Kingdom. Both of these efforts highlight how divergent views regarding our relationship to wildlife and the natural environment in the 21st century influence both broad questions regarding the structure of laws and regulations affecting wildlife, generally, as well as how to approach very specific problems and issues. While these sorts of debates over wildlife are not new, the vast majority of the population in the U.K. and many other industrialized countries has lost much of its connection to the wild as urbanization has continued to grow. Accordingly, what is new in today’s world is the degree to which popular support for one or another position advanced by interested parties depends not upon actual experience with nature and wildlife but rather with the popular public image of the wildlife at issue—and whether they are perceived as either “good” or “bad”.

Got Organic Milk? "Pasture"-Ize it!: An Analysis of the UDSA's Pasture Regulations for Organic Dairy Animals

Fatema Merchant

This article discusses the “access to pasture” issue and analyzes the ambiguity that has lead to widely varied farming practices and finished products. The vague language undermines the goals of the National Organic Program and threatens the integrity of the organic seal. This article suggests ways to clarify the standards and offers alternative solutions to the problems facing consumers, organic food advocates, and farmers because of the vague regulations

Greyhounds: Racing to Their Deaths

Addie P. Asay

Following the introduction, Part II considers the history of the greyhound and the path that led to greyhound racing. Part III discusses the abuse inflicted on greyhounds, and animals used in their training, that has been prosecuted under anti-cruelty statutes. Part IV considers the institutionalized abuse and mistreatment of greyhounds not punished under anti-cruelty statutes. Part V attempts to discover why anti-cruelty statutes have not protected greyhounds adequately. Part VI counters the argument that, because the racing industry is in economic decline, the market should be left to deal with the problem, while Part VII asserts that the most effective way to protect greyhounds is to abolish greyhound racing through a voter-initiative-and- education campaign, which would focus on the abuses experienced by the greyhounds and the costs--moral, physical, and economic--to society because of greyhound racing.

HABITAT-BASED CONSERVATION LEGISLATION: A NEW DIRECTION FOR SEA TURTLE CONSERVATION

Tara Zuardo

This Comment explores various agreements designed to protect sea turtles at international and local levels as migratory species. Traditional approaches have been unsuccessful at addressing the myriad threats that face sea turtles.

Hair Today, Gone Tomorrow: Equine Cosmetic Crimes and Other Tails of Woe

Sandra Tozzini

Many invasive procedures, including surgery, are performed on horses’ tails purely for cosmetic reasons. These procedures fall into a variety of categories from the arguably unethical to the undoubtedly criminal. Although criminal laws prohibiting certain cosmetic surgeries have been in existence for approximately one hundred years, they rarely have been enforced. This article reviews the current status of both American and international “anti-cosmetic” statutes, focusing on the constitutional problems that the current American statutes raise. The article proposes a model federal statute that is constitutionally sound, addresses all forms of cosmetic tail procedures, and provides a vehicle for enforcement.

HARMING THE TINKERER: THE CASE FOR ALIGNING STANDING AND PRELIMINARY INJUNCTION ANALYSIS IN THE ENDANGERED SPECIES ACT

Danny Lutz

Reviewing preliminary injunction motions under the Endangered Species Act (ESA), most district courts evaluate “irreparable harm” through one of two lines of analysis. One line, promoted by property rights interest groups, reasons that individual mortalities might not constitute irreparable harm if they do not impact survival of the species. In contrast to this “species-level harm” analysis, another approach argues that “individual-level harm” suffices because it is irreparable to the animal. The recent First Circuit opinion in Animal Welfare Institute v. Martin attempts, but ultimately fails, to bridge the divide over which level of analysis to apply for irreparable harm under the ESA. Rather than pick a side about the appropriate level of animal harm analysis, this Article approaches the question of irreparable harm from a fresh angle. Drawing on procedural and remedial principles from across the ideological spectrum, this Article argues that analyzing the scope of animal harm is a false choice. Instead, courts should look to the human plaintiff to define irreparable harm: Will the defendant’s actions harm the plaintiff’s interest? Focusing on irreparable harm to the plaintiff cleans up a messy jurisprudence: it fits the plain text of the traditional injunction standard, fulfills the purpose of the ESA, and synchronizes with the standing analysis. This Article investigates the consequences of moving from an animal harm to a human harm analysis for ESA preliminary injunctions, and identifies the likely challenges for both institutional defendants and wildlife advocates.

Hear Me Roar: Should Universities Use Live Animals as Mascots

Jessica Baranko

This article will argue that the recent regulation of universities' use of Native American mascots has paved the way for criticism of universities' use of live animals as mascots. Part II will examine the federal law governing the treatment of nonhuman animals, the Animal Welfare Act (AWA), and examples of cases based on the AWA. Part III will examine the state laws and provide examples of state animal anti-cruelty statutes and cases. Part IV will explain why both the AWA and the state anti-cruelty laws apply to universities. Then, Part V will argue why universities should be proactive and create guidelines and restrictions on the use of live, nonhuman animals as mascots in light of animal rights activists protesting the use of nonhuman animals for entertainment, including in circuses, shows, and movies.

HONORABLE DISCHARGE : PAWS V. DEPARTMENT OF THE NAVY

Andrea Vitalich

This article explores the implications of Progressive Animal Welfare Society v. Dep't of Navy and presents one possible vision of the National Environmental Protection Act (NEPA) in the area of animal protection. The author begins by examining NEPA and the Progressive case, and what the case may mean for marine mammals. Next, the author considers the possible applications of the Progressive holding to the protection of other animals. Finally, the author concludes that NEPA, through reverse impact studies, remains the best hope for preserving this country's wildlife.

HONORABLE DISCHARGE: PAWS v. DEPARTMENT OF THE NAVY

Andrea Vitalich

This article explores the implications of Progressive Animal Welfare Society v. Dep't of Navy and presents one possible vision of the National Environmental Protection Act (NEPA) in the area of animal protection. The author begins by examining NEPA and the Progressive case, and what the case may mean for marine mammals. Next, the author considers the possible applications of the Progressive holding to the protection of other animals. Finally, the author concludes that NEPA, through reverse impact studies, remains the best hope for preserving this country's wildlife.

HOT, CROWDED, AND LEGAL: A LOOK AT INDUSTRIAL AGRICULTURE IN THE UNITED STATES AND BRAZIL

David N. Cassuto & Sarah Saville Cassuto & Sarah Saville

Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price to the U.S. and Brazil of remedying these impacts are high, the costs to humans, animals, and the environment by failing to do so is immeasurable.

How Can I Report Animal Abuse Shown on Social Media?

Rebecca F. Wisch

This FAQ discusses the issue of reporting animal cruelty witnessed on a social media website.

How Nonhuman Animals Were Trapped in a Nonexistent Universe

Steven M. Wise

The first in a series of articles by the author whose overall purpose is to explain why legal rights need not be restricted to human beings and why a handful of rights that protect fundamental interests of human beings should also protect the fundamental interests of such nonhuman animals as chimpanzees and bonobos. The second article in this series traces the development of the common law as it concerns the relationships between human and nonhuman animals from its beginnings in the Mesopotamian "law code" of the third and second millennia, B.C. until today.

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