Results
| Title | Author | Citation | Alternate Citation | Agency Citation | Summary |
|---|---|---|---|---|---|
| The Attitude Towards and Application of Animals in Traditional Chinese Culture | Song Wei | Animal Legal & Historical Center | A comprehensive consideration of the role of animals in the cultural development of China. |
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| THE BESTIALITY PROSCRIPTION: IN SEARCH OF A RATIONALE | Antonio M. Haynes | 21 Animal L. 121 (2014) | Addressing a taboo rarely discussed in scholarly works, this Article analyzes frequently advanced arguments supporting prohibitions on bestiality. Though on a superficial level the arguments seem appealing, upon closer inspection the standard justifications break down under internal inconsistencies. A differently constructed theory may not only provide a rationalized, consistent basis for regulating bestiality, but also lend greater coherence to laws regulating sexuality in general. Part II of this Article explores arguments related to consent; Part III discusses bestiality impermissibly using animals as a means; Part IV examines public health arguments, largely relating to those diseases that can spread easily from humans to animals and vice versa; Part V explores arguments analogizing zoophilia to either pedophilia or homosexuality; and Part VI offers a new rationale for justifying prohibitions on bestiality. | ||
| The Canadian Commercial Seal Hunt: In Search Of International Legal Protection For Harp Seals | Cynthia F. Hodges | Animal Legal & Historical Center | This paper considers several sources of international law as potential candidates to protect harp seals from cruelty and over-exploitation. Part I of this paper discusses the Canadian Marine Mammal Regulations, which are the legal-regulatory structure under which the hunt takes place. Part II describes the range and status of the main species targeted in the commercial seal hunt, namely, the harp seals. Part III reviews several several sources of international law as potential candidates to protect and conserve the targeted harp seals. This paper concludes that the Convention on International Trade in Endangered Species of Wild Fauna and Flora(CITES) is the most likely candidate to protect harp seals from unsustainable trade, and that they should be listed as a protected species under Appendix II. |
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| The Case Against Dog Breed Discrimination by Homeowners' Insurance Companies | Larry Cunningham | 11 Conn. Ins. L.J. 1 (2004) | Part I of this article gives an overview of the problem: dog breed discrimination by insurers, as well as a related problem of breed-specific legislation by some states. Part II analyzes the major scientific studies on dog bites, showing that no one has adequately proven that some breeds are more inherently dangerous than others. Part III shows that breed discrimination and breed-specific legislation are opposed by most veterinary and animal groups. Part IV demonstrates that insurers have been ignoring the unique and special role that pets play in millions of American homes. Part V shows how the insurance industry is a highly regulated industry which subjects itself to legislative control where, as here, the public is being harmed by underwriting decisions not driven by actuarial justification. |
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| THE CHURCH OF ANIMAL LIBERATION: ANIMAL RIGHTS AS ‘RELIGION’ UNDER THE FREE EXERCISE CLAUSE | Bruce Friedrich | 21 Animal L. 65 (2014) | In this Article, I contend that a belief in animal liberation qualifies as religion under the Free Exercise Clause jurisprudence of the United States Constitution. Thus, every time a prison warden, public school teacher or administrator, or government employer refuses to accommodate the ethical belief of an animal liberationist, they are infringing on that person’s religious freedom, and they should have to satisfy the same constitutional or statutory requirements that would adhere were the asserted interest based on more traditional religious exercise. One possible solution to the widespread violations of the First Amendment rights of animal liberationists would be the incorporation of a ‘Church of Animal Liberation’ under the Internal Revenue Code (as a proper church or as a religious organization). This would help to protect the free exercise rights of those who believe in animal rights because it would give them a religious organization to reference—with articles of incorporation that align with the jurisprudential definition of religion—in making their requests for religious accommodation. First, this Article discusses the constitutional definition of religion, what it means to believe in animal liberation, and animal liberation beliefs that circuit court precedent already recognizes as religious. Then, it discusses how animal liberation-based free exercise conflicts would play out in practice (e.g., identifying when infringing on the rights of animal liberationists would require strict scrutiny and when it would not). Lastly, this Article suggests that incorporating a group (e.g., a ‘Church of Animal Liberation’) as a religious organization under the Internal Revenue Code might help to secure constitutional rights for animal liberationists, and explains what would be required to incorporate such an organization. | ||
| The Commerce Clause Meets the Delhi Sands Flower-Loving Fly | John Copeland Nagle | 97 Mich. L. Rev. 174 (1998) | The Delhi Sands Flower Loving Fly obtained endangered species status on the day a county planned to construct a hospital on the fly's dwindling habitat. Since the Endangered Species Act (ESA) prohibits the taking of any endangered species and courts have interpreted "taking" to include “significant habitat modification or degradation where it actually kills or injures” a member of the species, the county made concessions to comply with the ESA. However, when the county learned that the fly stood in the way of its plans to redesign an intersection, the county filed suit challenging the application of the ESA to the fly's habitat; many others who also wished to build on the fly's habitat joined in the suit as well. Using United States v. Lopez, 514 U.S. 549 (1995), these groups hoped the district court would find that the ESA, under the Commerce Clause of the U.S. Constitution, could not constitutionally protect the fly's habitat. The district court, however, upheld the act's application. In the appeal of the district case, known as the National Ass'n of Home Builders v. Babbitt, 130 F.3d 1041 (D.C. Cir. 1997), the appellate court upheld the lower court's decision, but offered three different explanations why the ESA could or could not constitutionally require protection of the fly. In this article, John Copeland Nagle investigates these three strikingly diverse explanations. In doing so, Nagle also investigates whether Congress has the power to protect something that is very rare, very valuable, and seemingly entirely uninvolved with commerce between the states. |
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| THE CONFLICT BETWEEN SPECIES IN AN EVER MORE CROWDED WORLD | Jane Goodall | 4 Animal L. i (1998) | From the courtroom, to Capitol Hill, to the international arena, the struggle for animal rights continues (as it does too for human rights). In this volume of Animal Law, several authors discuss how the legal rights of humans compete with those of animals. Rick Eichstaedt's article, "Save the Whales" v. 'Save the Makah": The Makah and the Struggle for Native Whaling, discusses the competing interests of the Makah Indian tribe and the gray whale. The Makah will begin hunting gray whales for the first time in over seventy years in the fall of 1998. Some defenders of indigenous peoples' rights argue that the Makah should be allowed to return to their traditional ceremonial practice. Animal rights groups argue that it is not right to kill even one whale. There are no easy answers in conflicts such as these. | ||
| THE CONNECTION BETWEEN ANIMAL ABUSE AND FAMILY VIOLENCE: A SELECTED ANNOTATED BIBLIOGRAPHY | Sharon L. Nelson | 17 Animal L. 369 (2011) | This Selected Annotated Bibliography assembles legal and social literature that examines the link between domestic violence and animal abuse. Drawing from an ever-growing body of written works dedicated to the issue, the Bibliography presents the works that are most informative and useful to the legal community. These include case studies, current and proposed legislation, and social services guides that address the occurrence of and response to the animal cruelty-family violence correlation. In doing so, the Bibliography creates a resource that will prove helpful to a variety of legal practitioners, law makers, and professionals within the criminal justice system, and will serve as a tool to promote further understanding of the patterns of abuse that often concurrently victimize both humans and animals. | ||
| The Constitutional Scheme of Animal Rights in India | Taruni Kavuri | Animal Legal & Historical Center | This article summarizes the Constitution of India and its impact on animal protection in the country. | ||
| The Cormorant Conflict | Nathan LaFramboise | Animal Legal & Historical Center | This paper analyzes the conflicting management goals for the double-crested cormorant in Canada and the United States. In doing so, the paper answers the question whether one can predict how the migratory, double-crested cormorant population will be managed through international law, when the United States perceives the rise of the cormorant population an economic and biological threat, but where Canada views the cormorant’s comeback a biodiversity success story. |