|Beyond Humanity: New Frontiers in Animal Law||
Honourable Senator Murray Sinclair, Senate of Canada i
Vaughan Black 1
|DON'T FENCE ME IN--APPLICATION OF THE UNLAWFUL INCLOSURES OF PUBLIC LANDS ACT TO BENEFIT WILDLIFE||The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land serves more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlawful Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southwestern United States.|
|TRACKING THE ADC: RANCHERS' BOON, TAXPAYERS' BURDEN, WILDLIFE'S BANE||Approximately thirty-five million dollars are spent each year by the Animal Damage Control division of the U.S. Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these “predators” are appalling. Mr. Hoch argues that funding for this program is excessive, irresponsible, and raises serious ethical questions. He concludes that ADC activities should be terminated immediately.|
|ANIMAL WELFARE LAW IN CANADA AND EUROPE||The idea that animals are entities that deserve protection, irrespective of their utility to man, is firmly grounded in the Enlightenment. The principle that a creature's need for considerate treatment did not depend on the possession of a soul or the ability to reason, but on the capacity to feel pain was formulated and debated at that time. The debate continues today-Canada is in the midst of examining its own ethical, philosophical and legal beliefs about animal welfare and cruelty. This article examines the current state of animal welfare and cruelty laws and recent attempts through federal legislation to modernize the animal welfare provisions of the Canadian Criminal Code. Comparisons are drawn with European animal welfare and cruelty laws, which tend to be more concerned with an animal's welfare than Canadian laws, which tend to be more concerned with the economic interests of humans.|
|Randall S. Abate & Jonathan Crowe||From Inside the Cage to Outside the Box: Natural Resources as a Platform for Nonhuman||This article considers the legal avenues available to protect nonhuman animals in the U.S. and Australia, focusing particularly on the attribution of legal personhood. Section 2 of the article reviews attempts by the Nonhuman Rights Project (NhRP) to establish legal personhood protections for nonhuman animals through writ of habeas corpus petitions under U.S. common law. Section 3 surveys the options for recognition of animal personhood under Australian law, discussing issues of standing, habeas corpus, and guardianship models. Section 4 discusses the growing movement to assign legal personhood rights to natural resources. The article proposes that to the extent that natural resources have received legal personhood protection to recognize their inherent value, similar protections should be afforded to animals. In the meantime, habeas corpus, standing, and guardianship theories provide valuable procedural platforms for incremental progress toward protecting nonhuman animals in both the U.S. and Australia.|
|Stephanie Abbott||Prevention of Cruelty to Animals Act 1979 (NSW): A Summary||
This paper is intended to serve as a summary of the main provisions in the Prevention of Cruelty to Animals Act 1979 (POCTAA), which is the primary piece of legislation that aims to protect animals from cruelty in New South Wales, Austrailia. Attempts have been made to offer critical analysis, and suggestions for reform, where possible. This paper is not intended to be an exhaustive summary of the POCTAA. Rather, it is a work in progress.
|Robert L. Adair||Monkeys and Horses and Ferrets...Oh My! Non-Traditional Service Animals Under the ADA||
This article analyzes the major cases involving non-traditional service animals. Part II looks at those species that have been viewed as potentially presenting a danger to their owners or the public, examining the use of non-human primates and snakes. Part III examines cases where people seek to pass their pets off as service animals, discussing miniature horses, ferrets, and the difference between therapy animals versus service animals. Part IV is a discussion of potential conflicts between the federal ADA and state or local laws regarding non-traditional service animals. Finally, Part V concludes that the present regulatory system is adequate and should remain in place.
|Rachelle Adam||The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans||
This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over 2,500 small cetaceans—dolphins, porpoises, and small whales—will be killed as a result of the drive hunt, out of a total of over twenty thousand killed annually in Japan by direct catch. Since humans have literally pushed dolphins to the brink of extinction, humans have an ethical duty to stop the cruelty perpetrated against them and to ensure the survival of their species. This ethical duty should be turned into an international legal duty, with a correlated legal right for dolphins to international protection.
|Shidon Aflatooni||THE STATUTORY PET TRUST : RECOMMENDATIONS FOR A NEW UNIFORM LAW BASED ON THE PAST TWENTY-ONE YEARS||
Nearly three-fourths of American households include pets. Often, these pets are considered to be members of the family and are cared for as such. When a pet owner dies, however, questions often arise as to who will be responsible for continuing to care for the animals. Previously, probate and trust laws did not allow pet owners to provide for the care of their pets after death. In 1990, the National Conference of Commissioners on Uniform State Laws (NCCUSL) enacted the first pet trust statute in the Uniform Probate Code.
|Shadrack Ahrin||Complementing Legislation: The Role of Cultural Practices in the Conservation of Wildlife--Examples from Ghana||
Despite attempts to modernize Ghana’s wildlife laws, they remain largely ineffective and inadequate. However, in the absence of adequate wildlife legislation, the various cultural values in Africa have accepted the task of conserving Africa’s wildlife
|Michelle K. Albrecht||GENETIC ENGINEERING OF DOMESTIC ANIMALS: HUMAN PREROGATIVE OR ANIMAL CRUELTY||Selective breeding and genetic engineering of domestic animals represent two of science's most manipulative advancements of the last century. One of the many questions raised by these procedures is whether the suffering produced violates state anti-cruelty laws. California's animal anti-cruelty statute is one of the most comprehensive and progressive in the country. This article examines whether selective breeding and genetic engineering violate California's anti-cruelty statute, highlighting recent California case law interpreting these statutes and outlining the standard to determine when a violation has occurred. Furthermore, the article seeks to articulate policy suggestions to further the protection afforded these animals affected by science.|
|Jesse H. Alderman||Crying Wolf: The Unlawful Delisting of Northern Rocky Mountain Gray Wolves from Endangered Species Act Protections||
Abstract: Although settlers hunted gray wolves to near extinction more than a century ago, the animal remains one of the most enduring symbols of the West. In 1994, the U.S. Fish & Wildlife Service authorized reintroduction of gray wolves into Idaho, Montana, and Wyoming under recovery provisions of the Endangered Species Act. Fourteen years later, the Service delisted wolves in these states, contending that the reintroduced population met the numeric and distributional criteria established for recovery in 1994. Months after a district judge enjoined the Service's 2008 delisting rule, the Service again delisted gray wolves. This Note asserts that both the 2008 and 2009 delisting rules violate provisions of the Endangered Species Act guaranteeing adequacy of state regulatory mechanisms prior to delisting, and fidelity to the best available scientific data. The Note also contends that the Service unlawfully deployed conservation tools as delisting instruments contrary to congressional intent. Lastly, the Note illuminates administrative defects in the delisting rules, namely the Service's decision to disregard its own requirement of genetic linkage among the entire gray wolf population without providing a reasoned explanation.
|Cynthia Allen||Brief Summary of the Initiative and Referendum Process||
This article gives a quick overview of the initiative and referendum process for states. The general requirements to implement such a ballot proposal as well as the potential concerns are provided.
|Beth Allgood, Marina Ratchford, Peter LaFontaine||U.S. IVORY TRADE: CAN A CRACKDOWN ON TRAFFICKING SAVE THE LAST TITAN?||Rampant poaching has put African elephants on the verge of extinction in the wild, and the United States (U.S.) is complicit in this crisis. Despite the best efforts of federal agencies, porous national borders, legal loopholes, and deep-seated difficulties in law enforcement make the U.S. a major market for illicit ivory. While the White House, the United Nations, and the European Union, along with other voices, are sounding alarms, bold and concrete actions have been slow in coming. The U.S., in particular, is only beginning to acknowledge its own role in the slaughter, and still relies on a patchwork of inadequate laws and regulations to control its domestic ivory trade. The U.S. must quickly put a halt to its domestic ivory trade by adequately funding customs and wildlife inspectors and addressing the problem at every step along the chain of destruction—from the poachers and militants on the ground in Africa, to the international criminal syndicates underwriting the logistics of trafficking, to the consumers whose demand drives the crisis to ever-greater depths. This Article, analyzing never-before released data from the U.S. Fish and Wildlife Service, shines a light on the scope and scale of the underground trade in the U.S., unpacks the problems facing regulators and enforcement officials, and builds the case for a total ban on the commercial ivory trade, which threatens the existence of one of the planet’s greatest icons.|
|Wendy Anderson||Who Speaks for the Animals?||
This article examines the public policy debate over control of stray animal populations, in particular, feral cat colonies. The author, director of a feral cat advocacy group, explains that many of the individuals who act as caretakers for feral cat colonies are caught in a conundrum as to whether they should come "out" as caretakers or remain in secrecy. Much of the current legal policy for animals stems from antiquated animal control laws that do not accurately reflect the attitude of the country toward companion animals.
|Robert S. Anderson||The Lacey Act: America's Premier Weapon in the Fight Against Unlawful Wildlife Trafficking||
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.
|Jerry L. Anderson||Protection for the Powerless: Political Economy History Lessons for the Animal Welfare Movement||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.|
|Wendy Anderson and Amy Vaniotis||Animals v. Animals: A False Choice||
This article examines the recent policy trend that pits animal against animal. In particular, the article focuses on the argument that feral cats are a major contributing factor to the demise of many wild bird species. The authors contend that human population growth and encroachment into wildlife habitat is the root cause of species loss, and our attempt to blame an adaptive species like the cat avoids responsibility. Further, the authors suggest that animal lawyers in particular must be aware of this "diversionary tactic" and attempt to refocus the policy debate on the real causes of animal death. (Reprinted with permission.)
|William P. Angrick II, Iowa Ombudsman||Investigation of Maquoketa's Pit Bull Ban Ordinance and Enforcement||When a citizen's dog was considered to be a pit bull mix, she was ordered to remove the animal from the city. She filed a complaint to the Iowa Ombudman.The Iowa Ombudsman investigates complaints against Iowa state and local government agencies.The Iowa Ombudsman can investigate agency action and publish a report of findings and make recommendations. This is one of the publications regarding Maquoketa's Pit Bull Ban Ordinance.|
|Animal People (Editorial)||Compromise & the Universal Declaration on Animal Welfare||
This artlicle discusses the history of the Universal Declaration and recent attempts to modify the Declaration.
|Animal Rescue League||Reporting Animal Cruelty||The Reporting Animal Cruelty: The Role of the Veterinarian manual for Massachusetts is possible due to the collaborative efforts of Animal Folks, the Animal Rescue League of Boston, and the Cummings School of Veterinary Medicine at Tufts University, with funding by these organizations and the American Society for the Prevention of Cruelty to Animals (ASPCA). The purpose of this manual is to provide explanations of law and supporting materials so, as a veterinarian, you can develop protocols for your clinic or practice which can guide your actions should you or others face a suspected or known case of animal neglect, cruelty, or abuse. In addition to establishing protocols, information within the manual can also be used by veterinarians when assisting law enforcement in the investigation of animal cruelty cases. This manual is slanted more to smaller companion animals, though many of the principles and procedures described are applicable to horses, farmed animals, exotic animals, and wildlife.|
|Lydia S. Antoncic||How Troubling Youth Trends and a Call for Character Education are Breathing New Life into Efforts to Educate Our Youth About the Value of All Life||
The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. If a society succeeds in this, that society is about to perish. The obligation of anyone who thinks of himself as responsible is to examine society and try to change it and to fight it—at no matter what risk. This is the only hope society has. This is the only way societies change.
|Fernando ARAÚJO||The Recent Development of Portuguese Law in the Field of Animal Rights||
Portugal has had a long and bloody tradition of violence against animals, not the least of which includes Spanish-style bullfighting that has shown itself to be quite resistant to legal, cultural, and social reforms that would respect the right of animals to be free from suffering. While Portugal’s evolution towards respecting animal rights and welfare has been a slow and painful process, Portugal has nevertheless made some remarkable strides towards eradicating the suffering of animals, most notably with the passage of the Law of 1995. Portuguese scholars and activists have been instrumental in forcing the Portuguese government and citizenry to come to terms with the inhumane treatment of animals.
|Catherine J. Archibald||Biological Overview of the Gray Wolf||
The gray wolf is an amazingly adaptable creature that can live in many different habitats. It is a social animal which often forms packs that stick together.
|Catherine J. Archibald||Brief Summary of the Recovery of the Gray Wolf Under the Endangered Species Act||
The gray wolf was almost extinct in the lower 48 states of the United States in the middle of the 1900s. Thanks to the help of the Endangered Species Act the gray wolf is well on its way to recovery. This summary discusses the
|Catherine J. Archibald||Overview of the Recovery of the Gray Wolf Under the Endangered Species Act||
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.
|Catherine J. Archibald||The Recovery of the Gray Wolf Under the Endangered Species Act||
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.
|Addie P. Asay||Greyhounds: Racing to Their Deaths||
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.
|Kyle Ash||International Animal Rights: Specieism and Exclusionary Human Dignity||
The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving biodiversity, a subjugating conceptualization of other species has inhibited the development, application, and legitimacy of the principle of sustainability. The belittling view of other species in relation to ourselves also creates inconsistencies within international law and undermines the integrity and sophistication of its development. International human rights law is especially affected.
|Kyle Ash||Why Managing Biodiversity Will Fail: An Alternative Approach To Sustainable Exploitation For International Law||
The role of humans in mass extinctions necessitates an assessment of the collective human psychology responsible for the degradation of Earth’s life support systems. In this paper, the Author will cite instruments and discourse relevant to international environmental law to illustrate how an antiquated conception of biological hierarchies is condoned whenever other species are mentioned.
|ASPCA||ASPCA Annual Reports 1889 & 1904||
The ASPCA Published Annual reports with considerable detail about the years events, particular enforcement actions, and reports about cruelty issues.
|Voiceless Australia||Voiceless Animal Law Toolkit - Second Edition||In 2009, Voiceless prepared the first edition of The Animal Law Toolkit to introduce students, academics, practitioners, law firms and animal advocates to key issues in animal law. As its name suggests, that Toolkit was intended to provide the tools needed to better protect the billions of animals left with inadequate protections under our current legal framework. This second edition of The Animal Law Toolkit provides an overview of the evolving animal law landscape over the last six years, including a snapshot of emerging animal law issues, summaries of new animal law cases (both in Australia and abroad), as well as new resources and materials for students, teachers and practitioners.|
|Lane Azevedo Clayton||Overview of Brazil's Legal Structure for Animal Issues||
This essay contains an overview of the laws that deal with both wildlife and domestic animals in Brazil.
|Bruce Babbitt||BETWEEN THE FLOOD AND THE RAINBOW: OUR COVENANT TO PROTECT THE WHOLE OF CREATION||As Congress weighs the interests of landowners against the environment, the future of the Endangered Species Act May be in peril. Secretary Babbitt discusses the success of our environmental laws and urges recognition of the moral, ethical, and religious values underlying the Endangered Species Act. These values manifest themselves in a wolfs green eyes, a sacred blue mountain, the words from Genesis, and the answers of children. These considerations should lead us to the conclusion that we are responsible for the whole of creation.|
|Matthew Bacon||British Game Law||
A full explaination of the laws of game for the British. 1800-1850 with notes from US experience.
|Jessica Baranko||Hear Me Roar: Should Universities Use Live Animals as Mascots||
This article will argue that the recent regulation of universities' use of Native American mascots has paved the way for criticism of universities' use of live animals as mascots. Part II will examine the federal law governing the treatment of nonhuman animals, the Animal Welfare Act (AWA), and examples of cases based on the AWA. Part III will examine the state laws and provide examples of state animal anti-cruelty statutes and cases. Part IV will explain why both the AWA and the state anti-cruelty laws apply to universities. Then, Part V will argue why universities should be proactive and create guidelines and restrictions on the use of live, nonhuman animals as mascots in light of animal rights activists protesting the use of nonhuman animals for entertainment, including in circuses, shows, and movies.
|Steve Barghusen||NONECONOMIC DAMAGE AWARDS IN VETERINARY MALPRACTICE: USING THE HUMAN MEDICAL EXPERIENCE AS A MODEL TO PREDICT THE EFFECT OF NONECONOMIC DAMAGE AWARDS ON THE PRACTICE OF COMPANION ANIMAL VETERINARY MEDICINE||
Many scholars have argued for and against the recovery of noneconomic damages in cases of veterinary malpractice involving companion animals. However, scholarship has not focused on the results that allowing noneconomic damages may have on the structure of companion animal veterinary practices. This Article uses the human medical field as a predictive model to explore the potential effects of granting noneconomic damages in veterinary malpractice cases. The author argues that awarding damages substantial enough to encourage increased litigation will result in significant changes in the field of veterinary medicine. Allowing for recovery of noneconomic damages will make veterinary care more expensive and will not significantly deter negligent malpractice. Individuals will pay more for veterinary care or companion animals will receive less care if high noneconomic damage awards become the norm in veterinary malpractice cases. Although these changes will affect all veterinary facilities, ironically, high quality veterinary facilities may be more likely to be sued than their lower quality counterparts. The author concludes by discussing alternatives to malpractice litigation, the human-animal bond, and the possible factors contributing to the high cost of human medicine in the United States.
|Kimberly Barnes||Detailed Discussion of Commercial Breeders and Puppy Mills||This paper gives an overview of the commercial breeding industry in the United States, beginning with a discussion of the industry’s various market forms, including brick and mortar pet stores, Internet websites, and foreign breeders. The paper then examines the underlying federal law and administrative regulations that provide minimum care standards for certain breeders. What follows is information on various state laws and recent legislation, including an examination of the increasing prevalence of local laws that address the puppy mill industry. The paper then explains the enforcement of puppy mill laws, which is criticized as insufficient to address the problem, and concludes with the observation that local laws and consumer education appear to be the most feasible solutions to combatting the prevalence of commercial breeding.|
|Kimberly Barnes||Brief Summary of Commercial Breeders and Puppy Mills||This provides a brief overview of the commercial breeding industry in the United States.|
|Katie Barnett||The Post-Conviction Remedy for Pit Bulls: What Today’s Science Tells Us About Breed-Specific Legislation||This Article examines the pseudo-science used in the past, the science we have today, and how “pit bulls” are among the more popular breeds adopted from animal shelters safely living in communities nationwide, yet are targeted with specific legislation in many municipalities. Distinguished from criminal eyewitness identification cases, this Article looks at the breed-specific legislation issue in terms of the entire breed being convicted on eyewitness testimony, not on a case-by-case basis like we see in criminal cases. Because breed-specific legislation targets an entire population of family pets based on breed, this Article argues for a better examination of the reliability of breed identification and the science used to uphold the constitutionality of the legislation.|
|Steven J. Bartlett||Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks||
Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.
|Alan Bates||Overview of the Licensing and Regulation of Pet Shops (U.K.)||
This document provides an overview of the UK's Pet Animals Act 1951. The Act establishes a regulatory regime for "pet shops" under which local authorities (district and borough councils) are responsible for inspecting and licensing premises.
|Alan T. Bates||Overview of the Offences of Cruelty to Domestic and Captive Animals||
Overview of the offences of cruelty to domestic and captive animals in England and Wales. These offences are contained in the Protection of Animals Act 1911 and the Abandonment of Animals Act 1960. Similar legislation applies in Scotland.
|Alan Bates||Brief Summary: The Licensing and Regulation of Pet Shops (U.K.)||
This document provides an overview of the UK's Pet Animals Act of 1951. The Act establishes a regulatory regime for “pet shops” under which local authorities (district and borough councils) are responsible for inspecting and licensing premises.
|Alan T Bates||Introduction to the Offences of Cruelty to Domestic and Captive Animals||
Introduction to the offences of cruelty to domestic and captive animals in England and Wales. These offences are contained in the Protection of Animals Act 1911 and the Abandonment of Animals Act 1960. Similar legislation applies in Scotland.
|Alan Bates||Detailed Discussion of the Licensing and Regulation of Pet Shops (U.K.)||
Detailed discussion of the Pet Animals Act 1951 which provides for the licensing of pet shops by local authorities, and prohibits the sale of pet animals in public places and from market stalls, and to persons under 12 years of age.
|Alan Bates||Detailed Discussion of the Offences of Cruelty to Domestic and Captive Animals (U.K.)||
Detailed discussion of the offences of cruelty to domestic and captive animals. These offences are contained in section 1(1) of the Protection of Animals Act 1911 and section 1 of the Abandonment of Animals Act 1960.
|Anna Baumgras||Detailed Discussion of Local Breed-Specific Legislation||
This article will provide an overview of BSL ordinances by discussing 1) common breed definitions, 2) patterns in the regulations, and 3) common exceptions to the regulations. The article will also discuss the constitutionality of these ordinances, focusing on how they meet due process requirements.
|Donald C. Baur||RECONCILING POLAR BEAR PROTECTION UNDER UNITED STATES LAWS AND THE INTERNATIONAL AGREEMENT FOR THE CONSERVATION OF POLAR BEARS||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.|
|Brooke J. Bearup||Pets: Property and the Paradigm of Protection||
This article touches on the evolution of property classifications through history and suggests that the time has arrived for society to re-conceptualize its view on animals as personal property. Re-categorizing animals as equivalent, sentient beings has the potential to affect current search and seizure practices under the Fourth Amendment to the Constitution. This article proposes policy changes that could significantly benefit neglected and abused animals, while still recognizing the fundamental liberty interests of pet owners.