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Author
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Article Name
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Summary
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Cynthia Allen
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Introduction to Initiative and Referendum Chart
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This article provides a short introduction to a detailed chart listing the initiative and referendum process for most states, a list of some general initiatives in these states, and a description of some critical referendums from the past five years. The listing of states provides a link to the relevant state listing on the companion chart.
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Cynthia Allen (initially created); updated by Rebecca F. Wisch
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State Chart of Initiatives and Referendums
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This chart provides a list of the initiatives from all 50 states for the past five years. Links to the text of the initiatives are provided by links.
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Cynthia Allen (initially created); Updated by Rebecca F. Wisch
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State Initiative and Referendum Chart
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This chart provides an overview of the state initiative and referendum process for various states. Included is a description of some recent general animal law referendums as well as several critical referendums from the last five years.
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Robert S. Anderson
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The Lacey Act: America's Premier Weapon in the Fight Against Unlawful Wildlife Trafficking
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Part I of this article discusses the scope of the illegal wildlife trade and the various federal statutes addressing that problem. Part II discusses the legislative history of the Lacey Act and its companion statute, the Black Bass Act, including their ultimate combination into one law in 1981 and the Lacey Act's latest amendments in 1988. Part III discusses the elements necessary to prove a Lacey Act trafficking violation, analyzes judicial interpretations of the Act's statutory language, and considers available sanctions. Part IV discusses issues that may arise in Lacey Act litigation, including specific requirements of the underlying "predicate" law.
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Catherine J. Archibald
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Legal Overview of the Recovery of the Gray Wolf Under the Endangered Species Act
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The gray wolf was almost extinct in the lower 48 states of the United States by the mid 1900s. Thanks to the Endangered Species Act, the gray wolf may be well on its way to recovery. Issues still remain as the wolf's successful repopulation may signal an end to its full protection under federal laws.
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Catherine J. Archibald
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The Recovery of the Gray Wolf Under the Endangered Species Act
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The gray wolf was persecuted almost to extinction in the United States. Under the Endangered Species Act, the gray wolf has made a great recovery. Several legal issues are still unresolved however.
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Addie Patricia Asay
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Greyhounds: Racing to Their Deaths
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Following the introduction, Part II considers the history of the greyhound and the path that led to greyhound racing. Part III discusses the abuse inflicted on greyhounds, and animals used in their training, that has been prosecuted under anti-cruelty statutes. Part IV considers the institutionalized abuse and mistreatment of greyhounds not punished under anti-cruelty statutes. Part V attempts to discover why anti-cruelty statutes have not protected greyhounds adequately. Part VI counters the argument that, because the racing industry is in economic decline, the market should be left to deal with the problem, while Part VII asserts that the most effective way to protect greyhounds is to abolish greyhound racing through a voter-initiative-and- education campaign, which would focus on the abuses experienced by the greyhounds and the costs--moral, physical, and economic--to society because of greyhound racing.
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Steven J. Bartlett
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Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks
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That animals are legally considered property is by all accounts a huge obstacle to animal rights advocates. The stumbling blocks do not end, or even really begin for that matter, there. Human characteristics such as narcissism and cruelty also play an important role in holding back animal advancements. Professor Bartlett argues that in order to make progress for animal interests, advocates must confront these other, perhaps more fundamental, hurdles straight on.
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Gerry W. Beyer
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Pet Animals: What Happens When Their Humans Die?
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(From article) This article chronicles the evolution of enforcing after-death gifts for the benefit of pet animals. Part II reviews the common law background. Part III details the wide variety of approaches adopted by United States courts, legislatures, and commentators. These approaches treat after-death gifts for pets in three basic categories: (1) invalid; (2) tolerated, but not enforceable; and (3) valid and enforceable. After establishing the current milieu in which a pet owner must function, Part IV recommends the steps an owner may take to maximize the chances of the pet receiving the desired care after the owner's death.
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Patricia A. Bolen
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Lost and Found: Humane Societies' Rights and Obligations Regarding Companion Animal Ownership
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This article discusses when ownership of a dog that is lost or relinquished by its owner transfers to an animal shelter. The shelter's property rights in a found animal vary depending on whether the animal is licensed or unlicensed, stray or abandoned. Each state has its own rules regarding how long a shelter must keep an animal before transferring ownership to a third party.
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Tina S. Boradiansky
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Conflicting Values: The Religious Killing of Federally Protected Wildlife
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This Comment explores the current conflict between federal wildlife protection and Indian religious use of animals which reflects this philosophical debate.
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Alissa Branham
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Overview of Philosophy and Animals
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This overview examines the historical philosophical figures who have contributed to the modern animal rights and welfare movement.
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Alissa Branham
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Detailed Discussion of Philosophy and Animals
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This discussion examines the historical philosophical figures who contributed to the animal rights and welfare movement. Included are the philosophies of Rene Descartes, Immanuel Kant, and John Stuart Mill.
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Kate Brewer
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Housing Discrimination and Companion Animals
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This overview discusses the federal laws that prohibit landlords from denying housing to individuals with mental or emotional disabilities who need companion animals to lessen the effects of the disability. The factors in proving the companion animals qualify as "reasonable accommodations" under law are also outlined.
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Kate A. Brewer
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Emotional Support Animals Excepted From "No Pets" Lease Provisions Under Federal Law
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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.
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Amy L. Broughton
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Cropping and Docking: A Discussion of the Controversy and the Role of Law in Preventing Unnecessary Cosmetic Surgery on Dogs
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This article describes the procedures of tail docking and ear cropping, the history of the procedures, their place in modern veterinary care, and discuss the positions of advocates both for, and against these procedures. Additionally, this article explains the ways in which the law is being used internationally in preventing these unnecessary procedures, and the ways that current and future American anti-cruelty laws can be used to put a stop to this epidemic.
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Mary Stanfield Bubbett
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In the Doghouse or in the Jailhouse?: The Possibility of Criminal Prosecution of the Owners of Vicious Dogs in Louisiana
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This comment first addresses the established trend in Louisiana of holding dog owners ever more accountable for the damage their dogs cause. Second, this comment explores the emergence of criminal prosecution of dog owners around the country for their animal's actions and its impact on Louisiana jurisprudence. Third, this comment explores the possibility that the prosecution of an owner of a vicious dog might result in a conviction for either negligent homicide or negligent injuring in Louisiana. Finally, this comment proposes a legislative change that ensures those who own killer dogs and carelessly keep them will be punished.
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Katherine A. Burke
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Can We Stand for It? Amending the Endangered Species Act with an Animal-Suit Provision
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This article argues that the intent of the ESA would be realized if the standing requirements under the act were expanded to include an animal-suit provision in addition to the citizen-suit provision. The article begins with a brief discussion of the legislative history and the statutory requirements of the ESA, and then delineates the doctrine of standing generally. It concludes that the enactment of an animal-suit provision in the ESA would be consistent with the intent behind the ESA, would be a valid exercise of congressional power, would satisfy the principles inherent in the Court's approach to standing, and could be comfortably realized through next friend representation of qualified animal plaintiffs.
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State of Colorado Department of Agriculture
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Chronic Wasting Disease In Domesticated Elk
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This document provides a short overview of the disease cycle and transmission of Chronic Wasting Disease (CWD)among the elk herd in Colorado. It also outlines the steps the State of Colorado is taking to ensure detection of the disease in wild and domestic herds of bovine animals.
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Krista Cotter
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Overview of Regulation for Nonessential Experimental Populations of the Western Distinct Population Segment (DPS) of the Gray Wolf
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This overview compares the proposed regulation (68 FR 15879) and the changes made in the recent final rule (70 F.R. 1286) that concerns the Western Distinct Population Segment for the Gray Wolf (Canis lupus).
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Krista Cotter
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Overview of Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the California Tiger Salamander; and Special Rule Exemption for Existing Routine Ranching Activities
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The FWS through this rule has designated a critical habitat in Santa Barbara County, California for the California Tiger Salamander (Ambystoma califoniese) (CTS) pursuant to the Endangered Species Act of 1973. This rule fulfills the final requirements of the settlement agreement reached in Center for Biological Diversity v. U.S. Fish and Wildlife Service. The reason for the designation of critical habitat for the CTS is the net loss in CTS grazing land over a 10 – 12 year period due to extensive farming, regardless of the efforts made to increase the amount of suitable grazing land. As a result of the designation of land as critical habitat for the CTS, federal agencies will have to consult with the FWS prior to undertaking or authorizing activities that may impact the habitat.
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Krista Cotter
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Summary of Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Arroyo Toad (Bufo californicus)
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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.
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Krista M. Cotter
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Critical Habitat Summary for Buena Vista Lake Shrew
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Final rule by the FWS designating a critical habitat for the Buena Vista Lake Shrew, consisting of 84 acres, in accordance with the 1973 Endangered Species Act. The shrew was listed as endangered through a final rule that was published in the Federal Register on March 6, 2002 (67 FR 10101). The designation of the critical habitat for the shrew was made pursuant to a judicial order from the United States District Court for the Eastern District of California. The order arose from Kern County Farm Bureau v. Badgley, U.S. Dist, LEXIS 24125, 2002.
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Krista M. Cotter
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Critical Habitat Summary for riverside fairy shrimp
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FWS has designated critical habitat pursuant to section 3 of the Endangered Species Act (ESA) for the federally endangered riverside fairy shrimp that encompasses 306 miles within Ventura, Orange, and San Diego Counties in California. The riverside fairy shrimp is a freshwater crustacean that is found in vernal pools (a shallow depression that fills with rainwater and does not drain into the lower drainage section) in the coastal California area. The shrimp is the second most primitive living crustacean and is the most recently discovered crustacean in California.
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Krista M. Cotter
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Critical Habitat Summary for Topeka Shiner
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This rule is a correction to a previous final rule designating critical habitat for the Topeka Shiner (Notropis Topeka), published in the Federal Register on July, 24, 2004 (69 FR 44736). In the previous final rule, the FWS designated as critical habitat 1,356 kilometers of stream in Iowa, Minnesota, and Nebraska. They excluded from designation all previously proposed critical habitat in Kansas, Missouri, and South Dakota, and excluded the Fort Riley Military Installation in Kansas from critical habitat designation.
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Krista M. Cotter
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Critical Habitat Summary for Santa Ana Sucker
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Under this final rule, the FWS has designated critical habitat for the Santa Ana Sucker, in 3 noncontiguous populations in The lower and middle Santa Ana River in San Bernardino, Riverside, and Orange counties; the East, West, and North Forks of the San Gabriel River in Los Angeles County; and lower Big Tujunga Creek, a tributary of the Los Angeles River in Los Angeles County. We have identified 23,719 acres (ac) (9,599 hectares (ha)) of aquatic and riparian habitats essential to the conservation of the Santa Ana sucker.
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Krista M. Cotter
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Critical Habitat Summary for five river mussel species
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The FWS has designated designate 13 river and stream segments in the Tennessee Cumberland River Basins, for a total of approximately 885 river as critical habitat for five endangered mussels: Cumberland elktoe (Alasmidonta atropurpurea), oyster mussel (Epioblasma capsaeformis), Cumberlandian combshell (Epioblasma brevidens), purple bean (Villosa perpurpurea), and rough rabbitsfoot (Quadrula cylindrica strigillata). All five mussels belong to the Unionidae family.
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Krista M. Cotter
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Critical Habitat Summary for Mariana Fruit Bat
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This final rule downgrades the Mariana fruit bat from endangered to threatened throughout its range in the Mariana archipelago, which is subject to US jurisdiction. The reason for the down grade is the FWS initially made a mistake in the taxonomy of the Mariana fruit bat. When the FWS listed the bat as endangered on Guam in 1984, it believed that the bat was a species only endemic to Guam. Since that time, the FWS has discovered that the bat is endemic to the entire Commonwealth of the Northern Mariana Islands (CNMI) and the Territory of Guam.
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Krista M. Cotter
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Critical Habitat Summary for the Bull Trout
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This final rule is written to designate a critical habitat for the Klamath River and Columbia River populations of Bull Trout. The critical habitat designation includes approximately 1,748 miles of streams and 61,235 acres of lakes and marshes. The reason for this designation is that at the time of listing, there are only seven remaining non-migratory populations of bull trout, and the designation is mandatory pursuant to a court order.
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Krista M. Cotter
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Critical Habitat Summary for Boulder Darter and Spotfin Chub
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This final rule is a collaborative effort between the FWS and the states of Tennessee and Alabama and Conservation Fisheries, Inc. to reintroduce the boulder darter (Etheostoma wapiti), an endangered fish, and the spotfin chub (Cyprinella (=Hybopsis) monacha), a threatened fish to its historical habitat in Lauderdale County Alabama and Lawrence County, Tennessee. This rule provides for Non-essential Experimental Populations (NEP) within the designated area and it establishes limited allowable legal takings in that area. Additionally, this rule also changes the scientific name of the spotfin chub from Cyprinella (=Hybopsis) monacha to Erimonax monachus, to reflect a recent change in the scientific literature.
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Paul J. Cucuzzella
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The Mute Swan Case, the Fund for Animals, et al. v. Norton, et al: National, Regional, and Local Environmental Policy Rendered Irrelevant by Animal Rights Activists
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This article suggests that an obstruction of sound environmental policy occurred in 2003 when The Fund for Animals used the National Environmental Policy Act to prevent the U.S. Fish and Wildlife Service and the Maryland Department of Natural Resources from implementing a plan to cull the population of mute swans in the Chesapeake Bay. The author suggests that there is no question that feral mute swans (cyngus olor) are harmful to the native habitats of the Chesapeake Bay. The research and scientific record into the effects of non-native mute swans on native environs is both extensive and comprehensive.
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Larrry Cunningham
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The Case Against Dog Breed Discrimination By Homeowner's Insurance Company
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This article deals with the issue of homeowners insurance companies that what to deny or change coverage of insurance based upon the presence of any or specific breeds of dogs being on the premises.
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Larry Cunningham
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The Case Against Dog Breed Discrimination by Homeowners' Insurance Companies
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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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Suzette Daniels
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An Introduction to Pet in Wills and Pet Euthanasia
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This paper examines several issues related to estate planning and companion animals. Included in the discussion are pet trusts, new provisions of the Uniform Probate Code, and will-stipulated euthanasia of pets.
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Maneesha Deckha
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THE SALIENCE OF SPECIES DIFFERENCE FOR FEMINIST THEORY
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The article begins in Part I of by examining species difference as a social construction similar to race, gender and other identity and hierarchy markers historically understood as biological. In Part II, while not claiming identicalness in the trajectories of different oppressions, the author discusses how the discursive construction of species difference bears a close resemblance to that of gender and race narratives. The article concludes by calling upon our affective responses to imagine animals as possible candidates for personhood and rights, and, further, to question why being human should be a qualification for justice.
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Elizabeth L. DeCoux
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IN THE VALLEY OF THE DRY BONES: [FN1] REUNITING THE WORD “STANDING” WITH ITS MEANING IN ANIMAL CASES
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This Article addresses the failure of the legal system's efforts to protect animals and suggests an effective solution: an action brought in the animal's name by a guardian ad litem. The article documents the failure of HMSA and AWA, exploring the connection between those failed statutes and the law of standing in relation to animals. It then moves beyond the law regarding standing and identifies some of the larger philosophical, ethical, and scientific issues that arise when serious consideration is given to the standing of animals, concluding that there is error in viewing them as the “other” whose interests and rights need not be considered.
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Antonia M. DeMeo
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Access to Eagles and Eagle Parts: Environmental Protection v. Native American Free Exercise of Religion
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This article explores the inherent conflict between the federal laws to protect eagles through the BGEPA, MBTA, and ESA and Native American religious rights. The author finds that the current eagle permit system for Native Americans is incompatible with free exercise of religion. The author concludes that a revamping of the federal eagle permit system as well as the passage of the Native American Free Exercise of Religion Act (NAFERA)would help accommodate religious needs of Native Americans.
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Tyler Dewey
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CALLING OFF THE HUNT: THE MORALITY OF SUPPORTING A BAN ON COMMERCIAL WHALING
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This note examines the current deadlock in the IWC, discusses the shift from conservation towards preservation, and argues for a continuation of the moratorium based on moral and ethical concern for whales as whales. Part I traces the history of whaling and whale regulation. Part II discusses the current regulatory scheme. Part III analyzes the Preservationist position as it concerns whales. It builds from a discussion of the uncertain science concerning whale populations and stock recovery, to a discussion of the pain and suffering inflicted on whales by current whale practices, and finishes by arguing that whales, as unique and intelligent mammals, deserve protection as such.
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Ashley Duncan
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In-Depth Overview of Retail Pet Stores
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Over half of all households in America have at least one pet. While some of these animals are available for adoption at local humane societies, most people buy their pets from retail pet stores. Since there are so many animals being housed at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper addresses what federal and state laws are in place to regulate these welfare issues.
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Ashley Duncan
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Detailed Discussion of Retail Pet Stores
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With such a large number of animals being housed and sold at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper examines the laws pertaining to the welfare of animals in retail pet stores at the federal and state level and comments on the welfare issues that still need to be addressed.
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Patrick Dykstra
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Banning “Canned Hunts” For The Greater Protection Of Animal Rights And Welfare And For the Preservation Of Hunter’s Rights
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This paper considers the issue of "canned hunts" and how the legal system deals with them.
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Ethan Carson Eddy
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PRIVATIZING THE PATRIOT ACT: THE CRIMINALIZATION OF ENVIRONMENTAL AND ANIMAL PROTECTIONISTS AS TERRORISTS
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This Article describes the model Animal and Ecological Terrorism Act its permutations currently pending in state legislatures, its proponents, and their motivations. It further explains the legal and rhetorical parallels between the Model Act and the USA Patriot Act. The Article predicts that courts will find the bills' constraints on speech to be undeniably content-based and without a sufficiently compelling state interest. In the end, the Article concludes by explaining how the bills exploit the USA Patriot Act's anti-terrorism rhetoric, and reveal a concerted corporate strategy to manipulate the term “terrorist” and capitalize on its potency, in an anticompetitive effort to secure protectionism from the adverse economic effects of criticism, protests, and boycotts.
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Robert Eisenbud
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Problems and Prospects for the Pelagic Driftnet
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A direct impact of the pelagic driftnet is the incidental taking of marine mammals. Pelagic driftnet fisheries are conducted by vessels from Japan, Taiwan and the Republic of Korea. The incidental taking of marine mammals within the Fishery Conservation Zone by the Japanese fleet is subject to regulation under the Marine Mammal Protection Act.
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Stephanie J. Engelsman
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“WORLD LEADER”--AT WHAT PRICE? A LOOK AT LAGGING AMERICAN ANIMAL PROTECTION LAWS
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This paper will begin in showing that the United States has done virtually nothing to ensure that all creatures are free from unnecessary pain and suffering. This paper will then explore what other developed countries have done towards protecting nonhuman animals in the same amount of time. This paper in no way suggests that any of the countries to be discussed have solved the problem of animal exploitation; however it does suggest that many of those countries have at least begun to make a legitimate and concerted effort towards protecting animals from human greed.
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Lynn A. Epstein
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Resolving Confusion in Pet Owner Tort Cases: Recognizing Pets' Anthropomorphic Qualities Under a Property Classification
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The author examines the important role pets play in our lives in contrast with their nominal assessed market value by courts. The author then provides a uniform suggestion that will enable courts to standardize an owner's pet loss claim. Courts should continue to classify pets as property, yet relax the classification standard to permit a flexible market value analysis that includes the right to assert a punitive damage claim as a means of providing adequate and fair recompense to the grieving pet owner.
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David S. Favre
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Veterinarian Malpractice
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This article provides a short history of the development of veterinary malpractice as a cause of action and also explores the elements of a malpractice suit. It further delineates the concepts of standard of care, proximate cause, and res ipsa loquitur. Defenses to malpractice actions are also discussed.
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David S. Favre
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Overview of the U.S. Endangered Species Act
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A summary of the key provisions of the US Endangered Species Act.
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David Favre
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Overview of Damages for Injury to Animals - Pet losses
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This overview describes the state of law with regard to damages for injury or loss of pets. Included in the discussion is an examination of the traditional market valuation of pets, punitive damages, consequential damages, and damages related to emotional distress.
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David Favre
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An Introduction to the Nature of Treaties
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This article provides a brief overview of the types of treaties, the treaty process (e.g., creation, ratification, etc.), as well as problems derived from a given sample treaty.
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David Favre
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Some Thoughts on Animal Experimentation
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This article develops a quick context for discussing the use of animals in scientific research.
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David Favre
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Equitable Self-Ownership for Animals
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This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggest that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal.
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Professor David Favre
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Overview of U.S. Animal Welfare Act
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This article provides a detailed consideration of the nature and scope the United States Animal Welfare Act.
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David Favre
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Overview of Convention on International Trade in Endangered Species
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This article is a detailed overview of the scope and nature of the international treaty, CITES. This treaty has been adopted by over 150 countries for the control of international trade in endangered species.
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David S. Favre
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Debate Within the CITES Community: What Direction for the Future?
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This article introduces the reader to the context and terms of the international treaty for the protection of endangered species (CITES) There is a focus on the attempt to deal with the concept of sustainable use as relates to wildlife by the various states of the world and nongovernmental organizations.
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David S. Favre
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American Wildlife Law - An Introduction
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This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority.
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David Favre
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Judical Recognition of The Interests of Animals - A New Tort
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The article examines how the interest of humans are represented in the legal system and how the interests of animals might better be brough into the legal system with the creation of a new tort for the benefit of animals.
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David Favre & Vivien Tsang
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The Development of the Anti-Cruelty Laws During the 1800's
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Article explains how the laws which deal with protection of animals from inappropriate human acts developed during the 1800's. The key focus is on Henry Bergh's efforts in the adoption of the 1867 New York Act.
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David S. Favre
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Landowner and Landlord Liability for Dangerous Animals
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This overview explores the liability for both landowners and landlords for injuries to third parties caused by tenant's animals. As a general proposition, liability is imputed only where the landowner or landlord has a duty to a third party, which is usually based on knowledge of the vicious propensity of the animal. Further, the injury must be reasonably foreseeable under the circumstances. The paper sets forth the level of duty owed to different classes of third party visitors (licensees, invitees, and trespassers) as well as how the location of an attack affects landlord liability.
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David S. Favre
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Pet Trusts and Other Estate Issues
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This overview explores the recent changes in probate law related to wills and trusts for the continuing care of animals.
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David S. Favre
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Detailed Discussion of Dog Bite Laws
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April Fisher, Amber A. Bell
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Did United States v. Hayashi Fail to Provide a Safe Harbor for Marine Mammals Under the Marine Mammal Protection Act?
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This article examines the holding in United States v. Hayashi and concludes that by narrowly defining what constitutes "harm" under the MMPA, the Ninth Circuit ignored the plain meaning of the term, the legislative history of the MMPA and the regulations interpreting the MMPA. Moreover, the Ninth Circuit's holding in Hayashi allows fishermen to harass marine mammals as long as the action does not seriously disrupt normal marine mammal behavior.
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Edward A. Fitzgerald
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DYSFUNCTIONAL DOWNLISTING DEFEATED: DEFENDERS OF WILDLIFE v. SECRETARY, U.S. DEPARTMENT OF THE INTERIOR
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Abstract: In 2003, the United States Department of the Interior (DOI) established three distinct population segments (DPSs) for the gray wolf, which encompassed its entire historic range. In addition, DOI downlisted the gray wolf from an endangered to threatened species in the Eastern and Western DPSs, despite the wolf's continued absence from ninety-five percent of its historic range. The U.S. District Court for the District of Oregon properly invalidated DOI's dysfunctional downlisting of the gray wolf. DOI's interpretation of “significant portion of its range” was inconsistent with the text, intent, and purposes of the Endangered Species Act (ESA). In addition, DOI inverted its DPS policy, which provides different populations of the species different levels of protection in different portions of its historic range. Achieving the recovery plan goals did not warrant downlisting the gray wolf. DOI also failed to address the five downlisting factors of section 4(a) of the ESA across a significant portion of the gray wolf's historic range. Nevertheless, DOI could have established two DPSs encompassing the populations of gray wolves in the western Great Lakes and northern Rocky Mountains, and could have accordingly downlisted these populations to threatened species status.
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Nicole Fox
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NOTE AND COMMENT: THE INADEQUATE PROTECTION OF ANIMALS AGAINST CRUEL ANIMAL HUSBANDRY PRACTICES UNDER UNITED STATES LAW
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This article looks at available legal protections for all farmed animals, and recommends that Congress enact stricter animal welfare laws.
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Gary L. Francione
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Animal Rights Theory and Utilitarianism: Relative Normative Guidance
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Animal “rights” is of course not the only philosophical basis for extending legal protections to animals. Another, competing, basis is based on the theory of utilitarianism – the outright rejection of rights for all species and instead advocacy for equal consideration. This is the view espoused by Peter Singer, author of Animal Liberation. In this article, Professor Francione compares animal rights with utilitarianism, discussing the pros and cons of each
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Gary L. Francione
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Animals as Property
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Animals are property, not persons. And yet, at the same time, they are treated differently than other forms of property such as cars, toasters, and crops. Professor Francione discusses the legal status of animals and argues that, given the law as it now stands, before any real gains can be made in animal rights, either theory or in practice, the legal classification of animals must change from that of good to something more closely resembling personhood.
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Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, Paul A. Ernest
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State Animal Anti-Cruelty Statutes: An Overview
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This article provides an introduction to the current status of state animal anti-cruelty laws throughout the United States. Extensive exploration of the similarities and differences between these statutes, combined with detailed statutory citations, enables this article to serve as a useful resource for research and statistical purposes. Additionally, the article offers an opportunity to review many of the provisions contained within these anti- cruelty statutes and to identify those in need of improvement.
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Pamela D. Frasch; Stephan K. Otto; Kristen M. Olsen; Paul A. Ernest
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STATE ANIMAL ANTI-CRUELTY STATUTES: AN OVERVIEW
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A summary and legislative reference of state animal cruelty laws throughout the United States as of 1999.
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The Fund for Animals
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Canned Hunts: Unfair at Any Price
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This article explores the issues surrounding "canned hunts." Section I provides an introduction and overview; explores the ethical objections to canned hunts based on standards generally accepted by the sport hunting community; raises questions about the appropriate legal analogy that should be applied to canned hunts; and discusses the serious animal health and public health issues raised by canned hunts. Section II catalogs the relevant statutes and regulations of each state with an example of a model ordinance relating to the regulation of canned hunts.
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Hanna Gibson
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Dog Fighting Legal Overview
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A brief overview of the history, scope, and legal status of dog-fighting.
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Hanna Gibson
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Dog Fighting Detailed Discussion
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An in-depth article on the insidious crime of dogfighting, including information for investigators and prosecutors. The discussion focuses on the history, sociology, and and effects on communities due to dogfighting. Further included is a discussion of the relevant legal issues raised in prosecuting dogfighting offenders.
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Shawn Gorman [FNa1] Julie Levy [FNaa1]
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A Public Policy Toward the Management of Feral Cats
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This paper examines the current wildlife laws, both federal and state, to determine what laws may apply to managing the feral cat population. It begins with a determination of how domestic cats are classified under these laws. Since many laws are vague, the intent of the legislatures is investigated to determine if domestic cats were meant to be defined as a non-indigenous species. The focus then shifts to indicate ways to control the feral domestic cat population.
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Kali S. Grech
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Overview of the Laws Affecting Zoos
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This overview outlines the laws pertaining to zoo animals on the state, federal, and international level. It also discusses the importance of voluntary compliance by zoos to maintain appropriate standards, including membership in the American Zoo and Aquarium Association (AZA). Until the laws are improved, there is stricter control and more enforcement, then zoo animals will continue to suffer.
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Kali S. Grech
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Detailed Discussion of the Laws Affecting Zoos
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This paper examines the laws pertaining to zoo animals on the international, federal, and state level, along with voluntary standards, not mandated by law. On the international level there are only regulations which apply to the trade of the species between international countries, limiting how many can be imported and exported and how they are transported. On the federal level, those laws most important to zoo animals are the Animal Welfare Act and the Endangered Species Act. The AWA sets minimum standards for the care, handling, housing, and transport of animals exhibited in zoos. The ESA applies to those animals listed as threatened or endangered, but even then exhibition alone will never constitute a violation. State laws consist of anti-cruelty statutes that come into force only after a violation has occurred. Voluntary associations such as the American Zoo Association set higher standards of care for their members, in some instances, than the minimum standards set forth in the Animal Welfare Act. Using the elephant as a case study, this paper exposes the inadequacies of our existing laws, which have resulted in unfortunate incidents nationwide. It also exposes the underground trade of surplus zoo animals, which continues because of the lacking enforcement of current laws.
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Alan Green and the Center for Public Integrity
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Animal Underworld: Inside America's Black Market for Rare and Exotic Species
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This excerpt outlines the on-going debate related to canned hunts of captive exotic animals.
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James M. Green
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Overview of the International Trade in Wild-Caught Reptiles
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This overview discusses the nature of the international trade in wild reptiles and the impediments to enforcing those laws that protect reptile species. The concerns of ownership, such as zoonotic disease, injury to the animal itself, and threats to public safety, are also presented.
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James M. Green
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International Trade in Wild-Caught Reptiles
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The international trade in wild-caught reptiles has been cause for increasing concern, especially over the last few years. Federal, state and foreign laws are seemingly broken everyday as hundreds of thousands of reptiles are imported and exported each, mostly for the pet trade. In addition to depleting our natural resources and threatening many species with extinction, the reptiles are treated inhumanely and can even pose a health risk to people and the environment.
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Ross Hammersley
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Tiger Conservation in a "Globalized" World: Tying Humans, Forests, and Tigers Together
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This Paper will discuss the current trends in tiger conservation and management. Part I will discuss the statutory protections afforded to tigers in India’s Wildlife Protection Act and the operation of CITES. Part II will cover the primary reasons for renewed concern over the fate of the tiger, focusing on the demand for Asian medicines and other tiger derivatives. This Part will also discuss the current state of conservation efforts in India, focusing on how nearby rural villages have been affected by the establishment of the tiger reserves and wildlife conservation areas in India. Finally, Part III will propose some ways to begin to curb some of the demand in the international tiger derivative market and to improve community involvement and enforcement of India’s current regulations, as well as exploring potential avenues for strengthening aid efforts from and within the United States.
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Harold W. Hannah
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Survey of Illinois Law: Liability for Animal-Inflicted Injury
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This article attempts to explain how Illinois law affects the liability of people who are owners or are in control of animals at the time that an injury occurs, as a consequence of that animal’s actions. The section of this article that is related to equine law discusses how there has been a growing concern of stable owners as a result of increased litigation and insurance costs with respect to equine activity injuries. Furthermore, the article mentions that the purpose of the Illinois Equine Activity Liability Act is to alleviate some risk of liability from those involved in equine activities.
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Pamela Jo Hatley
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Feral Cat Colonies in Florida: The Fur and Feathers are Flying
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An enormous and growing population of free-roaming cats exists in Florida, posing a threat to the state's native animal species, and creating a serious public health concern. Proponents of trap-neuter-release (TNR) and maintenance of cat colonies have been pressing local governments to enact ordinances to permit establishment and registration of cat colonies in local jurisdictions. But TNR and managing large numbers of cats in colonies does not effectively control cat overpopulation. Additionally, federal and state wildlife laws designed to protect endangered and threatened species conflict with the practice of releasing non-indigenous predators into the wild. An intense public education campaign, together with licensing incentives, animal control laws that enforce high penalties against violators, and other methods of reducing the flow of non-indigenous species into the wild, are essential components to a long-term solution to pet over-population in general, and particularly to cat over-population and the resulting predation on wildlife.
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Veronica Hirsch
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Overview of the Legal Protections of the Domestic Chicken in the United States and Europe
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An overview of the state and federal laws that currently offer protection to the domestic chicken, whether used for food production, as pets or as research animals. The paper examines laws in the United States and Europe.
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Veronica Hirsch
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Legal Protections of the Domestic Chicken in the United States and Europe
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A detailed discussion of the state and federal laws that currently offer protection to the domestic chicken, whether used for food production, as pets or as research animals. The paper examines laws in the United States, Europe and New Zealand.
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Brian Trevor Hodges
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The Cracking Facade of the International Whaling Commission as an Institution of International Law: Norwegian Small-Type Whaling and the Aboriginal Subsistence Exemption
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This article discusses the fact that the International Whaling Commission has not expressly recognized the Makah tribe's aboriginal subsistence need, and instead has intentionally left the issue ambiguous. The only viable reason for the IWC to deny the Norwegians a quota under the same exemption is the "aboriginal" requirement. The IWC should clarify the legal ambiguities regarding the right to harvest whales, and it should grant subsistence right to Norwegian coastal fishermen.
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John T. Hollerman
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IN ARKANSAS WHICH COMES FIRST, THE CHICKEN OR THE ENVIRONMENT?
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This article looks at the effect of Arkansas' extensive poultry industry, which operates without regulation, on the environment, wildlife, fish and water quality.
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Dan Holwerda
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Finding the Balance: The Environmental Policies of a State's Department of Natural Resources or Department of Game and Fish
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This discussion explores the apparent conflict of interests between pro-hunting and anti-hunting advocates in the management of state natural resources by state agencies. Section one describes the history of the Pittman-Robertson Act and its effects on how States implement their environmental policies. Section two describes how it appears that each State’s Department of Natural Resources or Department of Game and Fish caters only to the hunter in designating and implementing its environmental policies. Section three discusses the “intelligible principle” and its application in all the above-mentioned states. Specifically, the section will discuss how some anti-hunting organizations and other environmental organizations, which may or may not be anti-hunting, attempt to show that a state legislature has unconstitutionally delegated its authority to its Department of Natural Resources or Department of Game and Fish in order to show that the current system of determining and implementing state environmental policies is null and void. Finally, section four describes how the environmental policy interest of hunters is really the same as other (non-hunting) pro-environment/natural resource groups.
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The Hunt Club
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The Hunt Club
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This advertisement for "The Hunt Club" indicates it provides lodging, meals, and hunts of waterfowl and big game on its 16,000 preserve. It also adds that it has a "trophy management policy" with regard to hunts of "trophy" deer on a 4,000 acre archery area.
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Rebecca J. Huss
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Valuing Man's and Woman's Best Friend: The Moral and Legal Status of Companion Animals
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This Article first provides an overview of the philosophical basis of the allocation (or non-allocation) of moral status to nonhuman animals considering historical and modern views of animals. Second, it analyzes the legal status of animals under the current system and discusses the idea of extending legal 'personhood' to such animals. Next, it considers the common law and statutory basis for the current valuation of companion animals. Finally, this Article supports and promotes the idea that there is a rational basis for changing the way that companion animals should be valued by the legal system and recommends the adoption of statutory provisions to promote consistency and certainty in these cases.
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Professor Rebecca J. Huss
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Separation, Custody, and Estate Planning Issues Relating to Companion Animals
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