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Title Author Citation Alternate Citation Agency Citation Summary
Resurrecting the International Whaling Commission: Suggestions to Strengthen the Conservation Effort Adrienne M. Ruffle 27 Broklyn J. Int'L. 639 (2002)

One of the failures of the IWC is the inability to punish infractions. The United States has unilaterally enacted two pieces of legislation intended to augment the enforcement power of the IWC through import and fishing sanctions against countries who violate the regulations set forth by the IWC. These unilateral amendments have failed in the protection of whales.

Reviewing The Marine Mammal Protection Act Through a Modern Lens Bradley Varner Animal Legal & Historical Center

I. Introduction 

In the late 1960s and early 1970s, growing public outcry to environmental changes pushed legislators to enact the Clean Water Act and Clean Air Act.

The Marine Mammal Protection Act: Fostering Unjust Captivity Practices Since 1972 Stephanie Dodson Dougherty 28 J. Land Use & Envtl. L. 337-367 (Spring 2013) Despite its species management and sustainable population objective, the MMPA suffers from several inherent shortcomings that ultimately impede the policy and conservation goals. These shortcomings include the industry-set standards, fractured agency responsibility, and a lack of regulation, the combination of which leads to the questionable educational value of the display industry and the promulgation of the conservation fallacy.
Tilikum’s Splash: Lessons Learned From Animal Rights-Based Litigation Strategies Brittany J. Mouzourakis 10 J. Animal & Nat. Resource L. 223 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.
Tuna Dolphin Wars: Conservationists are Fighting to Save Beleaguered Dolphins from Deadly Tuna Nets Dick Russell Defenders of Wildlife (www.defenders.org)

The article discusses the history of the tuna and dolphin story, beginning with an explanation of the nets and techniques used to catch tuna, the development of laws to protect dolphins, and the dolphin-safe tuna issue.

Where Have All the Sea Otters Gone? Matthew Kuipers Animal Legal & Historical Center

This article begins by exploring the biology and habitat of the sea otter. It then discusses the history of human-sea otter interaction, and how the exploitation of otters for fur first led to the need for their protection. The current state of otter protection is analyzed, with specific focus on the Endangered Species Act and the Marine Mammal Protection Act. Finally, solutions for continued otter preservation are explained in conjunction with the major hurdles facing otter populations.