Results
| Title | Author | Citation | Alternate Citation | Agency Citation | Summary |
|---|---|---|---|---|---|
| Scent lineups compared across eleven countries | Barbara Ferry, John J. Ensminger, Adee Schoon, Zbignev Bobrovskij, David Cant, Maciej Gawkowski, IIlkka Hormila, Pavel Kos, Ferenc Less, Elena Rodionova, Klim T. Sulimov, Leif Woidtke, Tadeusz Jezierski | A scent lineup is generally a procedure whereby a dog's alerting behavior is used to establish that the dog detects two scents, one from a crime scene and one from a suspect, as deriving from the same person. The aim of this article is to compare methodologies of using dogs in scent lineups as a means of identifying perpetrators of crimes. It is hoped that this comparative approach, looking at countries where the method is currently or has in the past been used, will help determine what issues should be addressed in order to assure that the scent lineup will have a future as a forensic technique. Participants from eleven countries—Belgium, The Czech Republic, Finland, France, Germany, Hungary, Lithuania, The Netherlands, Poland, Russia, and the U.S.—completed a survey questionnaire regarding key aspects of the scent lineup procedures used by the police in their countries. Although there was broad overlap on certain matters, such as the use of control and zero trials, collection of decoy scents from individuals of similar gender and race as the suspect, materials for holding scent, frequency of cleaning and changing stations, and use and timing of rewards, there were significant differences in the degree of blindness required, who calls an alert (handler or experimenter), and whether handlers can work with more than one dog. The gap between recommendations and results available from the scientific literature and procedures used in police practice was greater for some countries than others, even taking into account that some scientific methodologies might be expensive or impractical given agency resources. The authors make recommendations about how to go forward if scent lineups are to remain a valid forensic technique. | |||
| SCREENING WATER DIVERSIONS FOR FISH PROTECTION: A SURVEY OF POLICY, PRACTICES AND COMPLIANCE IN THE PACIFIC NORTHWEST | James D. Crammond | 2 Animal L. 101 (1996) | Unscreened surface water diversions damage and kill young fish. The decline of anadromous fish stocks in the Columbia Basin puts a premium on protection of juvenile salmon. State laws require screens on surface water diversions, but compliance has been poor. The Endangered Species Act and the Northwest Power Act have motivated and funded a massive remedial screening effort since 1991. Effective screens, installed with ratepayer and taxpayer funds, have dramatically improved fish protection at diversions. However, many harmful diversions remain. This paper concludes that, although progress has been swift full compliance in 1996 is problematic. Greater incentives and enforcement are essential to complete screening in the Columbia Basin. After full compliance, maintenance and eventual replacement of screens are essential to the screening program's continued success. To avoid another Endangered Species Act "train wreck " states must transfer their screening experience to other watersheds in order to improve conditions for their native and resident fish. | ||
| See Spot Eat, See Spot Die: The Pet Food Recall Of 2007 | Kate Paulman | 15 Animal L. 113 (2008) | This comment explores the reasons behind the contamination and the ensuing recall. The author identifies inadequate domestic regulation as the primary reason behind the contamination and notes these inadequacies permitted pet food distributors and manufacturers to skirt responsibility during the recall. The comment highlights changes instituted in light of the recall and suggests further changes to the FDA and its regulations so that this heartbreaking situation can be avoided in the future. |
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| Separation, Custody, and Estate Planning Issues Relating to Companion Animals | Rebecca J. Huss | 74 Univ. Colo. Law Review 181 (2003) | The article considers the role of companion animals in today's family in the United States. It explores the legal aspect of pets as it relates to their status as property, as well as the issues of separation and estate planning for such animals. |
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| Shark Finning-Who Is The Real Predator? | Mallory Field | Animal Legal & Historical Center | This paper explores the demise of sharks due to the increased demand for shark-fin products. The current legal protections against shark finning are discussed, including CITES and IPOA-Sharks, and solutions for the future are presented. |
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| SHARK LAWS WITH TEETH: HOW DEEP CAN U.S. CONSERVATION LAWS CUT INTO GLOBAL TRADE REGULATIONS? | Kaitlin M. Wojnar | 19 Animal L. 185 (2012) | Controversy surrounding application of the Shark & Fishery Conservation Act of 2010 (Shark Conservation Act) reflects a culmination of competing interests between environmental conservation and international free trade. Non-governmental organizations are pressuring the United States (U.S.) government to use the Shark Conservation Act to impose trade sanctions against countries that do not have specific regulations on shark finning. The implementation of such import bans, however, could negatively impact the nation’s relationships with some of its principal trade partners and violate international obligations under multilateral trade treaties. This Note proposes that the U.S. cannot impose such an embargo on shark products without first laying a foundation for its actions in international custom or treaty. | ||
| SHOCKED, HORRIFIED, SICKENED: HOW CIGARETTES (AND THE LESSONS FROM THE TOBACCO LITIGATION) CAN TAKE YEARS OFF ANIMAL-BASED FOOD INDUSTRIES | Amanda Winalski | 20 Animal L. 167 (2013) | Animal-based food industries—meat, egg, and dairy—have a history of opposing even relatively minor attempts to reduce human consumption of animal-based foods. In the face of growing evidence that eating meat, eggs, and dairy is detrimental to human health, these industries and their supporters maintain the opposite: that these foods are essential for a healthy diet and have no negative impact as normally consumed. Recognizing parallels between animal-based food industries and another industry heavily invested in maintaining the notion that its product was benign as normally consumed, this Article argues the tobacco litigation saga holds instructive lessons for combatting the current animal-based food industries. This Article, using the Hallmark slaughterhouse suit as a case study, illustrates how plaintiffs can deploy key strategies that prevailed against the tobacco industry—whistleblowing, fraud claims, government involvement in litigation, and identification of negatively impacted children. Finally, this Article outlines the potential developments that would deepen the parallels between the animal-based food and tobacco industries, suggesting conditions under which the litigation strategies used against the tobacco industry would become increasingly applicable and valuable. | ||
| Shoot First, Talk Later: Blowing Holes in Freedom of Speech | Jacqueline Tresl | 8 Animal L. 177 (2001) | Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry's First Amendment right to free expression. |
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| SHOULD THEY GO THE WAY OF THE HORSE AND BUGGY? HOW THE NEW YORK CITY HORSE-DRAWN CARRIAGE INDUSTRY HAS SURVIVED THIRTY YEARS OF OPPOSITION | Katherine Hutchison | 17 Animal L. 171 (2010) | This Comment reviews the history of the horse-drawn carriage industry in New York City and details legislative efforts to regulate the business. Many cities in the United States feature horse-drawn carriages as a tourist attraction, but they are most associated with New York. The long-standing controversy over the working and living conditions of the horses that pull the cabs has garnered less national attention than other animal welfare issues, despite the fatalities and injuries suffered by the equines on traffic-choked Manhattan streets. Supporters of the industry defend it as an important contributor to the local economy, an iconic symbol of the city, and a source of livelihood for the operators. They maintain that municipal regulations are sufficient to protect the horses from mistreatment and the public from the perils of accidents involving carriages. However, city regulation has historically proven to be inadequate and ineffective in ensuring that the horses are not exposed to inhumane conditions. Moreover, the inherent hazards and stressors of New York City streets take a toll on the horses’ health and well-being that regulation cannot address. For these reasons, the protection of the horses and the public cannot be assured until the carriage business in the city is abolished. This Comment discusses the movement to ban the industry, including proposals that would replace the carriages with replicas of antique cars. With inadequate regulation and political obstacles to a ban, it may ultimately take a tide of public sentiment to end the suffering of carriage horses. |
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| SLAMMING SHUT THE ARK DOORS: CONGRESS'S ATTACK ON THE LISTING PROCESS OF THE ENDANGERED SPECIES ACT | Jeffrey S. Kopf | 3 Animal L. 103 (1997) | The 104th Congress legislated a complete moratorium on the listing of species and critical habitat under the Endangered Species Act. Mr. Kopf explores the motivations behind the moratorium and hows how market forces may further weaken the ESA. This article questions whether the moratorium and its subsequent repeal signal a new era of environmental awareness or a return to industry’s discreet manipulation of the legislative process. |