Results
| Title | Author | Citation | Alternate Citation | Agency Citation | Summary |
|---|---|---|---|---|---|
| Protecting the Wildlife Trust: A Reinterpretation of Section 7 of the Endangered Species Act | Mary C. Wood | 34 Envtl. L. 605 (Spring, 2004) | This Article attributes the failure of the ESA after thirty years to a basic flaw in interpreting one of the ESA's core provisions, section 7. Section 7 imposes a dual mandate on federal agencies to develop programs for the conservation of listed species, and to insure that federal actions are not likely to jeopardize the continued existence of any listed species. The United States Fish and Wildlife Service and NOAA Fisheries Service have failed to develop any regulation implementing the affirmative conservation program requirement, and they have interpreted the no jeopardy prohibition in a manner that allows imperiled species to drift closer and closer to extinction. This Article suggests a reinterpretation of section 7 in accordance with wildlife trust principles. |
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| Protection for the Powerless: Political Economy History Lessons for the Animal Welfare Movement | Jerry L. Anderson | 4 Stan. J. Animal L. & Pol'y 1 (2011) | Abstract: In the last several decades, animal agriculture has experienced a dramatic shift in production methods, from family farms to concentrated industrial operations, with societal consequences comparable to the Industrial Revolution of the nineteenth century. The new confinement operations raise significant moral questions regarding the humane treatment of animals subject to modern methods that emphasize economics over animal welfare. The success of the animal welfare movement, however, hinges on whether society will adopt regulations, based on moral considerations, that are directly opposed to its economic self-interest. The situation is remarkably similar to the plight of child laborers caught in the transformation of manufacturing methods during the Industrial Revolution. This article uses the history of child labor reform to construct a model for how society enacts protections for politically powerless groups, such as children and animals. Using the insights of new social movement theory, the article concludes that animal welfare reform will require a complex mixture of resources, including the difficult task of norm development. While the path to such reform is long, the child labor history shows that success is possible. | ||
| PROTECTION OF ANIMALS THROUGH HUMAN RIGHTS | Tom Sparks | MPIL RESEARCH PAPER SERIES No. 2018-21 | This paper discusses the potential of a human rights framework to contribute to the growth and development of global animal law. Parts one and two of the essay take as their example the jurisprudence of the European Court of Human Rights, and examine the major trends in the Court’s judgments and admissibility decisions that directly or indirectly concern the rights or welfare of animals. It is concluded that the Court is not indifferent to the welfare of animals, but that animal welfare is instrumentalised: it is understood not as a good in itself, but is instead valued for its implications for human welfare and rights. Part three of the essay then considers the obstacles that the anthropocentrism of the human rights idea and the instrumentalisation of animal concerns present to the use of human rights frameworks to further the development of global animal law, as well as the opportunities that exist in the meeting of these paradigms. It concludes that although the telos of human rights law is different from that of animal law, nevertheless there exist many overlapping concerns within which mutually beneficial interactions are possible. | ||
| Purpose of the ESA Chart | Ryan Pellerito | Animal Legal & Historical Center | The purpose of the chart is to provide Attorneys and lay persons a quick guide for use and research of state endangered species acts. The chart is broken down into nine columns providing information to what agency, listing criteria, prohibited acts, penalties, habitat protection, unique provisions, number of endangered species, links to agencies websites and the legal citation. |
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| Quick Index of Pleadings Topics | Rebecca F. Wisch | Animal Legal & Historical Center | This alphabetical topical index provides links to the summaries of various pleadings. You may then click on the case name, which will bring you to a summary and listing of the available pleading documents for that specific case. |
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| Reaching for Justice: An Analysis of Self-Help Prosecution for Animal Crimes | Jennifer H. Rackstraw | 9 Animal L. 243 (2003) | Although prosecutorial discretion is a firmly entrenched legal doctrine in the United States, such unbridled discretion impedes the vigorous and consistent prosecution of animal crimes. With an overwhelming incidence of animal cruelty and neglect crimes perpetrated in the United States every year, documented cases should not be passed over for prosecution due to a lack of empathy on the part of the prosecutor, a misplaced understanding of the seriousness of animal cruelty crimes, or a dearth of resources. To ensure that animal crimes are more vigorously and consistently prosecuted, citizens should take advantage of existing mechanisms that allow for public participation in the prosecutorial process, and strive to enact new legislative schemes to further facilitate the prosecution of animal crimes. |
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| Rebuilding the Wall | Bill Davis | 7 Animal L. 221 (2001) | The debate about whether nonhuman animals deserve legal rights encompasses an ever broadening range of theories and strategies. Most thinkers pushing for nonhuman animal rights reject speciesism, which they view as an often tacit foundation for their adversaries’ arguments. Yet almost every current contributor to the debate—whether they favor or disfavor the extension of rights beyond the human sphere—engages in some form of intelligenceism by focusing disproportionate attention on humanlike animals. This essay submits that nonhuman animal advocates must recognize this pervasive intelligenceist bias and be wary of the detrimental effects its substitution for speciesism could have on their long-term objectives. There is a suspicion that some crucial perspective has been omitted from consideration, that the conclusion is as much a product of myopia as of logic. | ||
| RECONCILING POLAR BEAR PROTECTION UNDER UNITED STATES LAWS AND THE INTERNATIONAL AGREEMENT FOR THE CONSERVATION OF POLAR BEARS | Donald C. Baur | 2 Animal L. 9 (1996) | This article outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. It also points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions. | ||
| RECONCILING THE MIGRATORY BIRD TREATY ACT WITH EXPANDING WIND ENERGY TO KEEP BIG WHEELS TURNING AND ENDANGERED BIRDS FLYING | Robert J. Martin & Rob Ballard | 20 Animal L. 145 (2013) | The Migratory Bird Treaty Act (MBTA) has proven invaluable in minimizing the destruction of the 240 avian species listed by its enforcement agency, the United States Fish and Wildlife Service (FWS), as “endangered or threatened” or “birds of conservation concern.” Recently, however, the Act is faced with a new challenge: How can it continue to achieve its objective when a highly desirable domestic source of sustainable energy—wind power—is experiencing unprecedented growth? Ever-larger wind projects propelled by giant turbines have become a serious danger to the existence of migratory birds and their natural habitats. Yet most policy makers strongly welcome and support continued expansion of wind power, and are reluctant to permit impediments to halt or restrict its growth. The growing conflict between the goals of protecting migratory birds and producing more wind power should be reconciled. This Article proposes three basic policy revisions: (1) authorization for the FWS to issue incidental take permits to wind power developers; (2) creation of a uniform standard for assessing avian impacts; and (3) amendment of the MBTA to allow for civil sanctions and citizen suits. Although “big wheels in the sky” must keep on turning and expanding to help reduce America’s dependence on fossil fuels and foreign energy sources, this worthy objective must be pursued without weakening federal protection of migratory birds. | ||
| Recovery of "Non-Economic Damages" for Wrongful Killing or Injury of Companion Animals: A Judicial and Legislative Trend | Sonia S. Waisman and Barbara R. Newell | 7 Animal L. 45 (2001) | Ms. Waisman and Ms. Newell discuss the recent legislative actions regarding recovery of non-economic damages for companion animals. They explore the history of human loss of consortium and companionship damages, the role nonhuman animals play in human lives, and propose legislation that will adequately reflect nonhuman animals' place in our society. |