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Title Author Citation Alternate Citation Agency Citation Summary
Elephants and Tuberculosis: A Real Threat Sophie Pierce Animal Legal & Historical Center This paper addresses the catastrophic epidemic that is elephants infected with Tuberculosis, and the crisis that surrounds every diagnosis. Lack of Federal law and patchwork state laws makes it difficult, if not impossible, to control this pandemic. Moreover, inadequate testing for Tuberculosis in elephants is a safety hazard for elephants and humans. The lack of legal oversight and the absence of care by the agencies meant to protect elephants used for exhibition purposes is not only an animal welfare issue, but is a dire public safety concern.
Elephants and Tuberculosis: A Real Threat Sophie Pierce Animal Legal & Historical Center This paper addresses the catastrophic epidemic that is elephants infected with Tuberculosis, and the crisis that surrounds every diagnosis. Lack of Federal law and patchwork state laws makes it difficult, if not impossible, to control this pandemic. Moreover, inadequate testing for Tuberculosis in elephants is a safety hazard for elephants and humans. The lack of legal oversight and the absence of care by the agencies meant to protect elephants used for exhibition purposes is not only an animal welfare issue, but is a dire public safety concern.
Emotional Assistance Animals in Rental Housing: A How-to Guide Rebecca F. Wisch Animal Legal & Historical Center

This article provides some general information on how to seek help when a person needs an emotional support animal to function in daily life and a landlord enforces a "no pets" policy.

Emotional Support Animals Excepted From "No Pets" Lease Provisions Under Federal Law Kate A. Brewer Animal Legal & Historical Center

Federal statutes provide protection for disabled persons against housing discrimination. These statutes and corresponding case law hold that an emotional support animal is a reasonable accommodation for a mentally disabled person, and if a landlord fails to waive a no pets policy to allow the emotional support animal in rental housing, the landlord is in violation of federal laws.

EMPATHY WITH ANIMALS: A LITMUS TEST FOR LEGAL PERSONHOOD? Carter Dillard 19 Animal L. 1 (2012) This is one of the fundamental questions that frame the study of animal law: To what extent should nonhuman animals be considered legal persons? Of course, this question presupposes that we share or can arrive at a common and stable conception of legal personhood. In fact, there are a variety of conceptions of legal personhood. This Introduction will explore one in particular and, in the process, question the extent to which simply being born Homo sapiens satisfies the potentially complex and demanding requirements of being a legal person. This argument will lead us to reframe animal law a bit and question whether we protect animals by focusing on their status or whether we are better off focusing on the status of humans—and not so much who we are but who, as legal persons that constitute legalities, we ought to be.
EMPOWERING MARKET REGULATION OF AGRICULTURAL ANIMAL WELFARE THROUGH PRODUCT LABELING Sean P. Sullivan 19 Animal L. 391 (2013) In many Western nations, rising public concern about the welfare of agricultural animals is reflected in the adoption of direct regulatory standards governing the treatment of these animals. The United States has taken a different path, tending to rely on a “market-regulation” approach whereby consumers express their desire for specific welfare practices through their purchasing decisions. This Article explores the failure of market regulation and the welfare-preference paradox posed by consumers who express a strong preference for improved animal welfare in theory, but who simultaneously fail to demand heightened welfare standards in practice. It argues that market regulation is failing in this country because current animal-welfare labeling does not clearly or credibly disclose to consumers the actual treatment of agricultural animals. As a corollary, effective market regulation of agricultural animal welfare could be empowered simply by improving current animal-welfare labeling practices.
ENACTING AND ENFORCING FELONY ANIMAL CRUELTY LAWS TO PREVENT VIOLENCE AGAINST HUMANS Joseph G. Sauder 6 Animal L. 1 (2000) Felony animal anti-cruelty laws should be enacted and strictly enforced to protect animals and humans. Studies show that violence in the home, of any type, is self-perpetuating, creating generations of abusers and victims. Children who witness abuse are more likely to abuse animals and eventually humans; even minor acts of animal abuse are signs of a disturbed individual and should be taken seriously. Current animal anti-cruelty laws fail to prevent this violence. This article proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent this cycle of violence.
Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Arroyo Toad (Bufo califo Krista Cotter Animal Legal & Historical Center

This rule designates 11,695 acres of critical habitat for the arroyo toad in Santa Barbara, Ventura, Los Angeles, San Bernardino and Riverside counties in California. FWS had to designate critical habitat for the arroyo toad as a result of a settlement agreement in Center for Biological Diversity v. United States Fish and Wildlife Service. The critical habitat was designated in accordance with the Endangered Species Act of 1973 and its amendments. This specific critical habitat is a revision of the final rule on arroyo toad critical habitat designation of 2/1/01 (69 FR 9414), which was deemed deficient and was overruled. The current habitat is designated pursuant to court order stemming from Building Industry Legal Defense Foundation v. Gale Norton, Secretary of the Interior, which ordered FWS to publish a new critical habitat designation for the arroyo toad.

Endangered Species Act Listing Dirk Kempthorne This press release announces listing polar bears as a threatened species under the Endangered Species Act.
ENDANGERED SPECIES ACT LISTINGS AND CLIMATE CHANGE: AVOIDING THE ELEPHANT IN THE ROOM Michael C. Blumm & Kya B. Marienfeld 20 Animal L. 277 (2013) The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently conceded that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions. In this Article, we explain those decisions—involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse—and their implications. We conclude with some surprising observations about the Obama Administration’s apparent endorsement of Justice Scalia’s approach to the ESA’s habitat protections, the Administration’s endorsement of constitutional standing rules to limit the effective scope of the statute, the growing significance of the distinction between endangered and threatened species, and the unintended boomerang effects of the administrative reforms of the statute in the 1990s.
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