Results
| Title | Author | Citation | Alternate Citation | Agency Citation | Summary |
|---|---|---|---|---|---|
| "SAVE THE WHALES" V. "SAVE THE MAKAH": THE MAKAH AND THE STRUGGLE FOR NATIVE WHALING | Richard Kirk Eichstaedt | 4 Animal L. 145 (1998) | In 1997, the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneuvering by all of the concerned parties. Mr. Eichstaedt examines the history of the Makah whaling rights from the Tribe’s treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Americans reasserting a centuries-old custom. | ||
| 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 | Animal Legal & Historical Center | 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 | 19 Animal L. 221 (2013) | 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 Survey of Agreements and Federal Legislation Protecting Polar Bears in the United States | Jamie M. Woolsey | 1 Journal of Animal Law 73 (2005) | 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. |
||
| Beyond Humanity: New Frontiers in Animal Law | Volume 5, Number 1 | ForewordHonourable Senator Murray Sinclair, Senate of Canada i ArticlesBeastly DeadVaughan Black 1 |
|||
| Biological Information for the Whale | Angela Lang | Animal Legal and Historical Center | This summary provides a brief examination of the biology of whales, including habitat, reproductive cycles, and feeding. |
||
| Biological Overview of Orcas | Lauren Tierney | Animal Legal & Historical Center | This summary contains information on the biology of orcas (killer whales). The social structure of pods is discussed as well as the whale's diet. |
||
| Biological Overview of the Polar Bear | Sarah R. Morgan | Animal Legal & Historical Center | This article provides a brief biological summary of the polar bear. |
||
| Biological Summary of the Dolphin | Lauren Tierney | Animal Legal & Historical Center | This paper gives a brief biological summary of the dolphin. The dolphin is a mammal and member of the Delphinidae family. |
||
| Brief Overview of Polar Bears | Sarah R Morgan | Animal Legal and Historical Center | This article provides a brief overview of the threats facing polar bears. |