Results
Title | Author | Citation | Alternate Citation | Agency Citation | Summary |
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Legal Trade in African Elephant Ivory: Buy Ivory to Save the Elephant? | Sam B. Edwards | 7 Animal L. 119 (2001) | Mr. Edwards discusses the recent decision to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan under the Convention on International Trade in Endangered Species (CITES). In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls on the supply side in Africa and the demand side in Japan are insufficient to prevent poaching and the eventual decimation of the species. This one-time sale should act as a warning to prevent further sales without a significant revamping of the control mechanisms. |
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LEGISLACIÓN INGLESA Y NORTEAMERICANA: DERECHO ANIMAL | BELEN LAO RODRÍGUEZ | Animal Legal & Historical Center | El presente trabajo analiza la legislación de Estados Unidos en materia de derecho bienestar animal relacionándola con la de Reino Unido con el objetivo de delimitar hasta qué punto su regulación puede ser considerada modélica y / o si resultaría mejorable. Para ello, se analiza, si la Declaración Universal de Derechos del Animal, la observancia de la cual debería servir como punto de partida, en tanto Código de Conducta, es observada por tales legislaciones. A su vez, en el marco de tal regulación, se examina si existe una relación directa entre el grado de concienciación social y el grado de protección de su regulación respecto los animales. Finalmente, se apunta desde una perspectiva crítica cual es el mérito que suponen tales legislaciones para el derecho de bienestar animal, a la vez que pretende examinar sus posibles carencias. |
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LEGISLATION TO PROTECT THE WELFARE OF FISH | Kelly Levenda | 20 Animal L. 119 (2013) | This Article examines the marginalization of fish under current animal welfare laws and regulations, explores the treatment of farm-raised fish during transport and slaughter, and proposes legislation and regulations in these two areas. While evidence indicates that fish are capable of experiencing pain, fear, and suffering—the traditional considerations informing concepts of animal welfare—current pre-slaughter transport and slaughter practices are completely uninformed by notions of fish welfare. Comparing the cognitive and sensory capacities of fish to other animals currently receiving animal welfare recognition through official regulation, this Article argues that protections afforded to animals during transport and slaughter should similarly apply to fish. Using the World Organization for Animal Health’s Aquatic Animal Health Code as a model, this Article proposes model legislation for fish transport: the Humane Transport of Fish Act. This legislation would supplement regulations already in place at the state and federal level, which currently pertain only to regulating the aquaculture industry and food safety. This Article also proposes amending the “Humane Methods” section of the Humane Methods of Slaughter Act to include the slaughter of fish, and proposes related regulations to ensure that fish are humanely slaughtered. The massive amount of fish farmed in the United States and globally each year speaks to the potential impact formal regulation could have on the improvement and protection of fish welfare. | ||
Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case | Rebecca J. Huss | 15 Animal L. 69 (2008) | The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff’s Department seized fifty-three pit bulls from Vick’s home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether each dog should be euthanized due to its inability to interact safely with humans or other animals or given a second chance at life in a new home. Huss explains her role as guardian/special master and how she made her determinations about each dog’s destiny. |
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Let's Not Spit The Bit In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing | Joan S. Howland | 14 Marq. Sports L. Rev. 473 (2004) | My intention in this article is to discuss the historical antecedents of horse racing and the development of this sport in the United States since the Colonial Era. In order to do this, it is necessary to start from horse racing's beginnings. This historical tour will demonstrate that horse racing and its associated legal norms are much older and well established than many legal doctrines from more well known, but comparatively younger, legal subjects. Through this discussion I will demonstrate how the evolution of the law of Thoroughbred racing reflects the changing nature of American legal and social norms. |
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LIBERATING ANIMAL LAW: BREAKING FREE FROM HUMAN-USE TYPOLOGIES | Jessica Eisen | 17 Animal L. 59 (2010) | Animal protection laws have traditionally categorized animals according to the manner in which humans use them. Animals have been categorized as companion animals, animals used in medical testing, animals raised for slaughter, and wildlife, and the protection afforded to animals has been ostensibly commensurate to their use categorization. This Article focuses on two alternative strategies that provide legal protection for animals without relying on human use as their primary mode of categorization. First, the Article looks at protecting animals as a single category, in particular through the use of constitutional provisions. The Article then looks at a species-based model that seeks to extend some traditional “human rights” to Great Apes. Ultimately, the Article concludes that the species-based model provides a more effective alternative to the use-based model, since it provides an alternate means of categorization that shifts focus to the needs and capacities of animals. While generalized protection at the constitutional level may be rhetorically effective, it does not offer an alternative form of legal category that would allow for precision in legal rule-making. |
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Linking Domestic Violence, Child Abuse, and Animal Cruelty | Joan E. Schaffner | Linking Domestic Violence, Child Abuse, and Animal Cruelty, ABA TIPS Animal Law Committee Newsletter (Winter 2006). | Ms. Schaffner gives an overview of the connection between Domestic Violence, Child Abuse, and Animal Cruelty. She explains that there is a cycle of abuse, and gives suggestions on efforts to break this cycle. |
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List of Equine Activity Liability (EALA) Statutes | Heidi Walson | Animal Legal & Historical Center | This document provides a list of several state Equine Activity Liability Act statutes (currently, 44 states have adopted such statutes). A link to each individual statute is also provide. |
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List of Equine Activity Liability State Cases | Heidi Walson | Animal Legal & Historical Center | This document provides a list of state cases discussing Equine Activity Liability Acts. Links to the individual cases are provided. |
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LIVE FREE OR DIE: ON THEIR OWN TERMS: BRINGING ANIMAL-RIGHTS PHILOSOPHY DOWN TO EARTH BY LEE HALL | Joel Marks | 17 Animal L. 243 (2010) | This book review examines Lee Hall’s new book, which presents an innovative animal rights theory: wild animals, due to their autonomous nature, are endowed with rights, but domesticated animals lack rights because they are not autonomous. With that theory in mind, Hall outlines ideas about how humans are obligated to treat both wild and domestic animals. Hall first argues that the rights of wild animals require that humans let them alone. Yet, despite the fact that domestic animals lack rights under Hall’s theory, Hall argues that humans are required to care for them because it is humans who brought them into existence. While the reviewer believes that Hall’s theory is indeed innovative and appealing, he ultimately concludes that it cannot explain why domestic animals completely lack rights and that the implications of the theory for how they are to be treated are unsatisfactory. |