Articles

Title Sort descending	Author	Summary
The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Conclusion)	Lorraine Poole	This conclusion accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective.” The conclusion critiques the deficiencies in the nation’s Dog Law, especially with regard to the lack of licensing enforcement. Further, the Animal Welfare Act reflects advances in both the scope and punishment for animal cruelty.
The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Introduction)	Lorraine Poole	This thesis explores the way companion animals are treated under the laws of Malta. In doing so, the paper examines the new concept of "pet passports" in the European Union and licensing norms. Both the nation's Dog Law and Animal Welfare Act are analyzed with respect to the treatment of companion animals by the legal system.
The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Malta) - Bibl	Lorraine Poole	This Bibliography accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective."
The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Table of Contents)	Lorraine Poole	This thesis explores the way companion animals are treated under the laws of Malta. In doing so, the paper examines the new concept of "pet passports" in the European Union and licensing norms. Both the nation's Dog Law and Animal Welfare Act are analyzed with respect to the treatment of companion animals by the legal system.
The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Table of Judg	Lorraine Poole	This Table of Judgments accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective."
The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Table of Statutes)	Lorraine Poole	This Table of Statutes accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective."
THE REGULATION OF KOSHER SLAUGHTER IN THE UNITED STATES: HOW TO SUPPLEMENT RELIGIOUS LAW SO AS TO ENSURE THE HUMANE TREATMENT OF ANIMALS	Melissa Lewis	It is often argued that one of the most humane methods of killing an animal is through the performance of kosher slaughter. Indeed, the Humane Methods of Livestock Slaughter Act (HMLSA) of 1978 goes so far as to define kosher slaughter, and handling in connection with such slaughter, as humane, and consequently fails to provide any regulation over this method of killing. It is thus concerning that a number of kosher slaughterhouses have, in recent years, been discovered to be using blatantly inhumane practices, which the relevant religious authorities have insisted are completely kosher. This Article examines the Jewish law concerning kosher slaughter and asks how it is possible for a slaughter that has been performed in an inhumane fashion to remain kosher. The answer, it concludes, is that the religious rules provide little guidance on the handling of animals in connection with slaughter. There thus exists a need for either the religious authorities or the law to supplement the existing religious rules with further requirements aimed at ensuring humane-slaughter practices. After analyzing both comparative law on this issue and the relevant First Amendment considerations, this Article argues that there is a need for Congress to remove the HMLSA’s current exemption of handling in connection with kosher slaughter and for regulations to be passed governing this issue. It makes suggestions as to how such regulations could provide for more humane-slaughter practices in a manner that fails to offend either the Free Exercise Clause or the Establishment Clause of the First Amendment.
THE RISE OF EQUINE ACTIVITY LIABILITY ACTS	Sharlene A. McEvoy	In recent years, the equine industry has become concerned by court decisions which undermine the traditional view that persons who participate in horseback riding activities assume the risk of any injury they incur. Ms. McEvoy examines significant cases and state statutes designed to meet the challenges posed by these decisions, as well as the legislative history behind a Connecticut statute.
THE RISE OF EQUINE ACTIVITY LIABILITY ACTS	Sharlene McEvoy	The law regarding animals can also affect those who own, use, or enjoy them. In recent years, the equine industry has become more vulnerable to liability as a result of recent court decisions undermining the traditional view that persons who participate in horseback riding assume the risk of injuries they incur. This paper examines six significant cases, as well as statutes passed by state legislatures to meet the challenges posed by these decisions. The legislative history and debate over the passage of a Connecticut bill are examined to illustrate the policy behind equine liability acts.
The Role of Animals in Livable Communities	Laurence H. Tribe	This article contains remarks by Laurence Tribe on the work of Steven M. Wise.
The Salience of Species Difference For Feminist Theory	Maneesha Deckha	The article begins in Part I of by examining species difference as a social construction similar to race, gender and other identity and hierarchy markers historically understood as biological. In Part II, while not claiming identicalness in the trajectories of different oppressions, the author discusses how the discursive construction of species difference bears a close resemblance to that of gender and race narratives. The article concludes by calling upon our affective responses to imagine animals as possible candidates for personhood and rights, and, further, to question why being human should be a qualification for justice.
THE SPIRIT OF THE BUFFALO: THE PAST AND FUTURE OF AN AMERICAN PLAINS ICON	William Holland	Though bison are iconically associated with the United States, their historical fortunes have often been opposite those of the U.S. As the nation expanded westward, government policy, demand for bison products, and changing land use perilously reduced bison numbers. Efforts to restore bison have been complicated by overlapping legal concerns: state, federal, tribal, and constitutional. This Article examines the legal context surrounding bison restoration, focusing particularly on the critical herd connected with Yellowstone National Park. Former members of the Yellowstone herd, in turn, are the subjects of the Montana Supreme Court’s 2013 ruling in Citizens for Balanced Use v. Maurier, which this Article examines closely, arguing it will significantly improve the legal landscape in which Native American bison restoration efforts function. Finally, this Article ends on a hopeful note: suggesting that federal and tribal efforts, combined with economic and environmental interests may presage the resurgence of bison herds.
THE STATUTORY PET TRUST : RECOMMENDATIONS FOR A NEW UNIFORM LAW BASED ON THE PAST TWENTY-ONE YEARS	Shidon Aflatooni	Nearly three-fourths of American households include pets. Often, these pets are considered to be members of the family and are cared for as such. When a pet owner dies, however, questions often arise as to who will be responsible for continuing to care for the animals. Previously, probate and trust laws did not allow pet owners to provide for the care of their pets after death. In 1990, the National Conference of Commissioners on Uniform State Laws (NCCUSL) enacted the first pet trust statute in the Uniform Probate Code. Since then, the NCCUSL passed the Uniform Trust Code, which included a pet trust provision, and currently forty-six states and the District of Columbia have passed statutes specific to pet trusts. These laws are designed to create enforceable trusts for the care of animals after an owner’s death. Variations in these statutes across jurisdictions, however, lead to situations where a pet owner’s wishes may not be honored or enforced. This Article analyzes the statutory language found in the Uniform Probate Code, the Uniform Trust Code, and various state statutes relating to pet trusts. This Article identifies the strengths, weaknesses, and purposes of the pet trust statutes, and it concludes with a draft of improved pet trust legislation that will be beneficial to pet owners, trustees, caretakers, and pets alike.
THE THIRSTY COW AND AN IMPORTANT DISTINCTION	Priscilla Cohn	"In Rain Without Thunder Gary Francione makes a number of very interesting and original points. Space will not permit a full discussion of all these points, but I would like to mention at least two points regarding his after-the-fact analysis of PETA's campaigns and the danger of using -other types of exploitation, such as sexism, to further the animal rights movement I will then discuss in more detail a third point involving a distinction Francione makes that clarifies a number of problems and has great significance for the animal rights movement."
THE UNIVERSAL DECLARATION OF ANIMAL RIGHTS OR THE CREATION OF A NEW EQUILIBRIUM BETWEEN SPECIES	Jean-Marc Neumann	This Essay is a translation of the author’s original French text. It examines the Universal Declaration of Animal Rights of 1978, which lays out fundamental rights for animals in fourteen articles. This Essay explores the origins of and influences behind the original Declaration, as well as details the changes which were brought to it in a revised version in 1989. It then examines the scope of the Declaration and why it has not had the far-reaching implications its authors once hoped for. Finally, this Essay questions what the Declaration means for the future of animal rights and whether the document will have any lasting impact.
The welfare of greyhounds in Australian racing: has the industry run its course?	Alexandra McEwan and Krishna Skandakumar	Australia’s greyhound racing industry is reportedly the third largest in the world. Over fifty racetracks operate across the country, with the majority located in New South Wales. In 2009 the total 'stake money,' that is, the amount put at risk by punters, was $73,773 million nationwide. This article explores welfare issues in the greyhound industry, arguing that, despite recent regulatory reforms and industry efforts to improve welfare standards, there is sufficient evidence available to conclude Australia should follow the lead set by the USA and begin dismantling a sporting industry which has run its course. In short, this form of animal use can no longer be justified as 'necessary.'
The World Trade Organisation Rules: A Legal Analysis of Their Adverse Impact on Animal Welfare	Peter Stevenson	An in-depth analysis of the language of WTO's GATT treaty requirements as they relate to state's attempts to provide for the welfare of animals.
The World Trade Organization Rules: A Legal Analysis of their Adverse Impact on Animal Welfare	Peter Stevenson	Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.
There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability With A Negligence Standard In Dog Bite Cases	Lynn A. Epstein	Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a child’s torts, and property owner liability for injuries caused by his property. The Author concludes by proposing a negligence standard to be applied in dog bite cases.
Think or be Damned: The Problematic Case of Higher Cognition in Animals and Legislation for Animal Welfare	Lesley J. Rogers and Gisela Kaplan	Recent discoveries of higher cognitive abilities in some species of birds and mammals are bringing about radical changes in our attitudes to animals and will lead to changes in legislation for the protection of animals. We fully support these developments, but at the same time we recognize that the scientific study of higher cognition in animals has touched on only a small number of vertebrate species. Accordingly, we warn that calls to extend rights, or to at least better welfare protection, for the handful of species that have revealed their intelligence to us may be counterproductive. While this would improve the treatment of the selected few, be they birds or mammals, a vast majority of species, even closely related ones, will be left out. This may not be a particular problem if being left out is only a temporary state that can be changed as new information becomes available. But, in practice, those protected and not protected are separated by a barrier that can be more difficult to remove than it was to erect in the first place. We summarize the recent research on higher cognition from the position of active researchers in animal behavior and neuroscience.
THROWING CAUTION TO THE WIND: THE GLOBAL BEAR PARTS TRADE	Adam M. Roberts and Nancy V. Perry	The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. The current approach of trying to regulate the legal bear parts trade on a state-by-state basis in the United States and on a country-by-country basis globally has failed, and has actually facilitated the illegal trade. It is time to recognize the usefulness, if not the necessity, for national legislation uniformly prohibiting commercialization of bear viscera. In addition, an international moratorium on global trade in bear parts and derivatives is long overdue and much needed.
Throwing Caution to the Wind: The Global Bear Parts Trade	Adam M.; Perry Nancy V. Roberts	A discussion of the scope of the bear parts trade around the world, and threats to bears caused by the demand for their gallbladders for use in traditional Chinese medicine. Discusses the failure of both international and domestic law to accurately address the problem, and the need for additional legislation.
THUNDER WITHOUT RAIN: A REVIEW/COMMENTARY OF GARY L. FRANCIONE'S RAIN WITHOUT THUNDER: THE IDEOLOGY OF THE ANIMAL RIGHTS MOVEMENT	Steven M. Wise	In Rain Without Thunder: The Ideology of the Animal Rights Movement, Professor Gary L. Francione argues that the modern animal rights movement is propelled similarly like the American abolitionist movement. "New Welfarists," he claims, fruitlessly pursue the goal of ending the exploitation of nonhuman animals through measures that better their welfare but cannot result in what matters most, the abolition of their legal status as property. In this essay, Steven Wise argues that New Welfarism does not contain a "structural defect," but a "structural inconsistency" that is necessary to achieve Gary Francione's goal of abolishing the property status of nonhuman animals in a manner consistent with the moral rights of nonhuman animals.
Tiger Conservation in a "Globalized" World: Tying Humans, Forests, and Tigers Together	Ross Hammersley	This Paper will discuss the current trends in tiger conservation and management. Part I will discuss the statutory protections afforded to tigers in India’s Wildlife Protection Act and the operation of CITES. Part II will cover the primary reasons for renewed concern over the fate of the tiger, focusing on the demand for Asian medicines and other tiger derivatives. This Part will also discuss the current state of conservation efforts in India, focusing on how nearby rural villages have been affected by the establishment of the tiger reserves and wildlife conservation areas in India. Finally, Part III will propose some ways to begin to curb some of the demand in the international tiger derivative market and to improve community involvement and enforcement of India’s current regulations, as well as exploring potential avenues for strengthening aid efforts from and within the United States.
Tilikum’s Splash: Lessons Learned From Animal Rights-Based Litigation Strategies	Brittany J. Mouzourakis	The animal advocacy movement is divided between those who believe in animal welfare and those who believe in animal rights. Although these two factions of the animal advocacy movement hold the overall goal of making the lives of animals better, practical differences do arise in the way in which these two factions litigate animal issues to achieve this goal. This Note explores Tilikum ex rel. People for the Ethical Treatment of Animals, Inc. v. Sea World Parks & Entertainment, a case in which five orca whales "sued" Sea World for violating their Thirteenth Amendment right to be free from slavery and involuntary servitude. The case received widespread publicity as it was the first time a U.S. federal court had been asked to determine whether the Thirteenth Amendment to the United affords protection to non-humans. The Tilikum case departed from the traditional model of litigating animal issues by utilizing what this Article deems an animal rights-based litigation strategy. This Note first provides an overview of the traditional animal welfare-based model of litigating animal issues. This Note then analyzes the Tilikum litigation strategy to show how it departed from the traditional animal welfare-based model. Additionally, this Note weighs the advantages of both litigation strategies, ultimately recommending that animal advocacy organizations not depart from the animal-welfare based litigation strategies. Finally, this Note explores the theoretical possibility of expanding legal rights to animals based upon the expansion of legal rights to other non-human entities, such as corporations.

The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Conclusion)

Lorraine Poole

This conclusion accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective.” The conclusion critiques the deficiencies in the nation’s Dog Law, especially with regard to the lack of licensing enforcement. Further, the Animal Welfare Act reflects advances in both the scope and punishment for animal cruelty.

The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Introduction)

Lorraine Poole

This thesis explores the way companion animals are treated under the laws of Malta. In doing so, the paper examines the new concept of "pet passports" in the European Union and licensing norms. Both the nation's Dog Law and Animal Welfare Act are analyzed with respect to the treatment of companion animals by the legal system.

The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Malta) - Bibl

Lorraine Poole

This Bibliography accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective."

The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Table of Contents)

Lorraine Poole

This thesis explores the way companion animals are treated under the laws of Malta. In doing so, the paper examines the new concept of "pet passports" in the European Union and licensing norms. Both the nation's Dog Law and Animal Welfare Act are analyzed with respect to the treatment of companion animals by the legal system.

The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Table of Judg

Lorraine Poole

This Table of Judgments accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective."

The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Table of Statutes)

Lorraine Poole

This Table of Statutes accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective."

THE REGULATION OF KOSHER SLAUGHTER IN THE UNITED STATES: HOW TO SUPPLEMENT RELIGIOUS LAW SO AS TO ENSURE THE HUMANE TREATMENT OF ANIMALS

Melissa Lewis

It is often argued that one of the most humane methods of killing an animal is through the performance of kosher slaughter. Indeed, the Humane Methods of Livestock Slaughter Act (HMLSA) of 1978 goes so far as to define kosher slaughter, and handling in connection with such slaughter, as humane, and consequently fails to provide any regulation over this method of killing. It is thus concerning that a number of kosher slaughterhouses have, in recent years, been discovered to be using blatantly inhumane practices, which the relevant religious authorities have insisted are completely kosher.

This Article examines the Jewish law concerning kosher slaughter and asks how it is possible for a slaughter that has been performed in an inhumane fashion to remain kosher. The answer, it concludes, is that the religious rules provide little guidance on the handling of animals in connection with slaughter. There thus exists a need for either the religious authorities or the law to supplement the existing religious rules with further requirements aimed at ensuring humane-slaughter practices. After analyzing both comparative law on this issue and the relevant First Amendment considerations, this Article argues that there is a need for Congress to remove the HMLSA’s current exemption of handling in connection with kosher slaughter and for regulations to be passed governing this issue. It makes suggestions as to how such regulations could provide for more humane-slaughter practices in a manner that fails to offend either the Free Exercise Clause or the Establishment Clause of the First Amendment.

THE RISE OF EQUINE ACTIVITY LIABILITY ACTS

Sharlene A. McEvoy

In recent years, the equine industry has become concerned by court decisions which undermine the traditional view that persons who participate in horseback riding activities assume the risk of any injury they incur. Ms. McEvoy examines significant cases and state statutes designed to meet the challenges posed by these decisions, as well as the legislative history behind a Connecticut statute.

THE RISE OF EQUINE ACTIVITY LIABILITY ACTS

Sharlene McEvoy

The law regarding animals can also affect those who own, use, or enjoy them. In recent years, the equine industry has become more vulnerable to liability as a result of recent court decisions undermining the traditional view that persons who participate in horseback riding assume the risk of injuries they incur. This paper examines six significant cases, as well as statutes passed by state legislatures to meet the challenges posed by these decisions. The legislative history and debate over the passage of a Connecticut bill are examined to illustrate the policy behind equine liability acts.

The Role of Animals in Livable Communities

Laurence H. Tribe

This article contains remarks by Laurence Tribe on the work of Steven M. Wise.

The Salience of Species Difference For Feminist Theory

Maneesha Deckha

The article begins in Part I of by examining species difference as a social construction similar to race, gender and other identity and hierarchy markers historically understood as biological. In Part II, while not claiming identicalness in the trajectories of different oppressions, the author discusses how the discursive construction of species difference bears a close resemblance to that of gender and race narratives. The article concludes by calling upon our affective responses to imagine animals as possible candidates for personhood and rights, and, further, to question why being human should be a qualification for justice.

THE SPIRIT OF THE BUFFALO: THE PAST AND FUTURE OF AN AMERICAN PLAINS ICON

William Holland

Though bison are iconically associated with the United States, their historical fortunes have often been opposite those of the U.S. As the nation expanded westward, government policy, demand for bison products, and changing land use perilously reduced bison numbers. Efforts to restore bison have been complicated by overlapping legal concerns: state, federal, tribal, and constitutional. This Article examines the legal context surrounding bison restoration, focusing particularly on the critical herd connected with Yellowstone National Park. Former members of the Yellowstone herd, in turn, are the subjects of the Montana Supreme Court’s 2013 ruling in Citizens for Balanced Use v. Maurier, which this Article examines closely, arguing it will significantly improve the legal landscape in which Native American bison restoration efforts function. Finally, this Article ends on a hopeful note: suggesting that federal and tribal efforts, combined with economic and environmental interests may presage the resurgence of bison herds.

THE STATUTORY PET TRUST : RECOMMENDATIONS FOR A NEW UNIFORM LAW BASED ON THE PAST TWENTY-ONE YEARS

Shidon Aflatooni

Nearly three-fourths of American households include pets. Often, these pets are considered to be members of the family and are cared for as such. When a pet owner dies, however, questions often arise as to who will be responsible for continuing to care for the animals. Previously, probate and trust laws did not allow pet owners to provide for the care of their pets after death. In 1990, the National Conference of Commissioners on Uniform State Laws (NCCUSL) enacted the first pet trust statute in the Uniform Probate Code.

Since then, the NCCUSL passed the Uniform Trust Code, which included a pet trust provision, and currently forty-six states and the District of Columbia have passed statutes specific to pet trusts. These laws are designed to create enforceable trusts for the care of animals after an owner’s death. Variations in these statutes across jurisdictions, however, lead to situations where a pet owner’s wishes may not be honored or enforced. This Article analyzes the statutory language found in the Uniform Probate Code, the Uniform Trust Code, and various state statutes relating to pet trusts. This Article identifies the strengths, weaknesses, and purposes of the pet trust statutes, and it concludes with a draft of improved pet trust legislation that will be beneficial to pet owners, trustees, caretakers, and pets alike.

THE THIRSTY COW AND AN IMPORTANT DISTINCTION

Priscilla Cohn

"In Rain Without Thunder Gary Francione makes a number of very interesting and original points. Space will not permit a full discussion of all these points, but I would like to mention at least two points regarding his after-the-fact analysis of PETA's campaigns and the danger of using -other types of exploitation, such as sexism, to further the animal rights movement I will then discuss in more detail a third point involving a distinction Francione makes that clarifies a number of problems and has great significance for the animal rights movement."

THE UNIVERSAL DECLARATION OF ANIMAL RIGHTS OR THE CREATION OF A NEW EQUILIBRIUM BETWEEN SPECIES

Jean-Marc Neumann

This Essay is a translation of the author’s original French text. It examines the Universal Declaration of Animal Rights of 1978, which lays out fundamental rights for animals in fourteen articles. This Essay explores the origins of and influences behind the original Declaration, as well as details the changes which were brought to it in a revised version in 1989. It then examines the scope of the Declaration and why it has not had the far-reaching implications its authors once hoped for. Finally, this Essay questions what the Declaration means for the future of animal rights and whether the document will have any lasting impact.

The welfare of greyhounds in Australian racing: has the industry run its course?

Alexandra McEwan and Krishna Skandakumar

Australia’s greyhound racing industry is reportedly the third largest in the world. Over fifty racetracks operate across the country, with the majority located in New South Wales. In 2009 the total 'stake money,' that is, the amount put at risk by punters, was $73,773 million nationwide. This article explores welfare issues in the greyhound industry, arguing that, despite recent regulatory reforms and industry efforts to improve welfare standards, there is sufficient evidence available to conclude Australia should follow the lead set by the USA and begin dismantling a sporting industry which has run its course. In short, this form of animal use can no longer be justified as 'necessary.'

The World Trade Organisation Rules: A Legal Analysis of Their Adverse Impact on Animal Welfare

Peter Stevenson

An in-depth analysis of the language of WTO's GATT treaty requirements as they relate to state's attempts to provide for the welfare of animals.

The World Trade Organization Rules: A Legal Analysis of their Adverse Impact on Animal Welfare

Peter Stevenson

Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.

There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability With A Negligence Standard In Dog Bite Cases

Lynn A. Epstein

Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a child’s torts, and property owner liability for injuries caused by his property. The Author concludes by proposing a negligence standard to be applied in dog bite cases.

Think or be Damned: The Problematic Case of Higher Cognition in Animals and Legislation for Animal Welfare

Lesley J. Rogers and Gisela Kaplan

Recent discoveries of higher cognitive abilities in some species of birds and mammals are bringing about radical changes in our attitudes to animals and will lead to changes in legislation for the protection of animals. We fully support these developments, but at the same time we recognize that the scientific study of higher cognition in animals has touched on only a small number of vertebrate species. Accordingly, we warn that calls to extend rights, or to at least better welfare protection, for the handful of species that have revealed their intelligence to us may be counterproductive. While this would improve the treatment of the selected few, be they birds or mammals, a vast majority of species, even closely related ones, will be left out. This may not be a particular problem if being left out is only a temporary state that can be changed as new information becomes available. But, in practice, those protected and not protected are separated by a barrier that can be more difficult to remove than it was to erect in the first place. We summarize the recent research on higher cognition from the position of active researchers in animal behavior and neuroscience.

THROWING CAUTION TO THE WIND: THE GLOBAL BEAR PARTS TRADE

Adam M. Roberts and Nancy V. Perry

The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. The current approach of trying to regulate the legal bear parts trade on a state-by-state basis in the United States and on a country-by-country basis globally has failed, and has actually facilitated the illegal trade. It is time to recognize the usefulness, if not the necessity, for national legislation uniformly prohibiting commercialization of bear viscera. In addition, an international moratorium on global trade in bear parts and derivatives is long overdue and much needed.

Throwing Caution to the Wind: The Global Bear Parts Trade

Adam M.; Perry Nancy V. Roberts

A discussion of the scope of the bear parts trade around the world, and threats to bears caused by the demand for their gallbladders for use in traditional Chinese medicine. Discusses the failure of both international and domestic law to accurately address the problem, and the need for additional legislation.

THUNDER WITHOUT RAIN: A REVIEW/COMMENTARY OF GARY L. FRANCIONE'S RAIN WITHOUT THUNDER: THE IDEOLOGY OF THE ANIMAL RIGHTS MOVEMENT

Steven M. Wise

In Rain Without Thunder: The Ideology of the Animal Rights Movement, Professor Gary L. Francione argues that the modern animal rights movement is propelled similarly like the American abolitionist movement. "New Welfarists," he claims, fruitlessly pursue the goal of ending the exploitation of nonhuman animals through measures that better their welfare but cannot result in what matters most, the abolition of their legal status as property. In this essay, Steven Wise argues that New Welfarism does not contain a "structural defect," but a "structural inconsistency" that is necessary to achieve Gary Francione's goal of abolishing the property status of nonhuman animals in a manner consistent with the moral rights of nonhuman animals.

Tiger Conservation in a "Globalized" World: Tying Humans, Forests, and Tigers Together

Ross Hammersley

This Paper will discuss the current trends in tiger conservation and management. Part I will discuss the statutory protections afforded to tigers in India’s Wildlife Protection Act and the operation of CITES. Part II will cover the primary reasons for renewed concern over the fate of the tiger, focusing on the demand for Asian medicines and other tiger derivatives. This Part will also discuss the current state of conservation efforts in India, focusing on how nearby rural villages have been affected by the establishment of the tiger reserves and wildlife conservation areas in India. Finally, Part III will propose some ways to begin to curb some of the demand in the international tiger derivative market and to improve community involvement and enforcement of India’s current regulations, as well as exploring potential avenues for strengthening aid efforts from and within the United States.

Tilikum’s Splash: Lessons Learned From Animal Rights-Based Litigation Strategies

Brittany J. Mouzourakis

The animal advocacy movement is divided between those who believe in animal welfare and those who believe in animal rights. Although these two factions of the animal advocacy movement hold the overall goal of making the lives of animals better, practical differences do arise in the way in which these two factions litigate animal issues to achieve this goal. This Note explores Tilikum ex rel. People for the Ethical Treatment of Animals, Inc. v. Sea World Parks & Entertainment, a case in which five orca whales "sued" Sea World for violating their Thirteenth Amendment right to be free from slavery and involuntary servitude. The case received widespread publicity as it was the first time a U.S. federal court had been asked to determine whether the Thirteenth Amendment to the United affords protection to non-humans. The Tilikum case departed from the traditional model of litigating animal issues by utilizing what this Article deems an animal rights-based litigation strategy. This Note first provides an overview of the traditional animal welfare-based model of litigating animal issues. This Note then analyzes the Tilikum litigation strategy to show how it departed from the traditional animal welfare-based model. Additionally, this Note weighs the advantages of both litigation strategies, ultimately recommending that animal advocacy organizations not depart from the animal-welfare based litigation strategies. Finally, this Note explores the theoretical possibility of expanding legal rights to animals based upon the expansion of legal rights to other non-human entities, such as corporations.

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