Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Endangered Species Act Listing | Dirk Kempthorne | This press release announces listing polar bears as a threatened species under the Endangered Species Act. | |
| A SLAVE BY ANY OTHER NAME IS STILL A SLAVE: THE TILIKUM CASE AND APPLICATION OF THE THIRTEENTH AMENDMENT TO NONHUMAN ANIMALS | Jeffrey S. Kerr, Martina Bernstein, Amanda Schwoerke, Matthew D. Strugar, Jared S. Goodman | 19 Animal L. 221 (2013) | On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this country—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amendment. The case presented, for the first time, the question of whether the Thirteenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpinnings, and argues that the district court’s opinion ultimately dismissing the suit failed to address the critical issues that animated this case of first impression: Who “counts” as a legal person for the purposes of law? Is it time to recognize nonhuman animals as legal persons, based on progressing scientific and normative views? What principles underlie the Thirteenth Amendment? When and how does the application of the Constitution expand? Can the meaning of the Constitution evolve to encompass the interests of nonhuman animals? Drawing on the United States Supreme Court’s long history of evolving constitutional interpretation, this Article presents four theories of constitutional change, under which the meanings of “slavery” and “involuntary servitude” are expansive enough to include nonhuman animals. Despite the district court’s decision, the case can be properly viewed as the first step toward the legal recognition that the Thirteenth Amendment protects the rights of nonhuman animals to be free from bondage. |
| Brief Summary of Whaling | Tom Krepitch | Animal Legal & Historical Center | Early in the twentieth century, the technology used in whaling advanced so significantly that the global whale population became threatened. Efforts to decrease the number of whales killed grew after World War II and resulted in a major victory in the 1980s when commercial whaling was banned. However, this ban is still a major source of controversy as Japan continues to kill hundreds of whales each year in the Antarctic under what it calls a scientific whaling exception, but Australia labels as mere cover for a commercial whaling program. |
| Overview of Whaling | Tom Krepitch | Animal Legal & Historical Center | In 2010, Australia sued Japan at the International Court of Justice in an effort to force Japan to end its whaling program in the Antarctic. Though commercial whaling was banned in the 1980s, Japan claimed that its program was for scientific purposes and therefore legal. The ICJ sided with Australia, but its ruling left open the possibility that Japan could resume whaling in the future. |
| Detailed Discussion on Whaling | Tom Krepitch | Animal Legal & Historical Center | Much of today's discussions about whaling are centered on Japan's program in the Antarctic. While some organizations like Sea Shepherd have taken a direct action approach to ending Japan's hunt, some organizations and countries have pursued legal approaches to doing so. Both approaches have seen some success, but the future of whaling remains uncertain. |
| Where Have All the Sea Otters Gone? | Matthew Kuipers | Animal Legal & Historical Center |
This article begins by exploring the biology and habitat of the sea otter. It then discusses the history of human-sea otter interaction, and how the exploitation of otters for fur first led to the need for their protection. The current state of otter protection is analyzed, with specific focus on the Endangered Species Act and the Marine Mammal Protection Act. Finally, solutions for continued otter preservation are explained in conjunction with the major hurdles facing otter populations. |
| Detailed Discussion: The Global Protection of Whales | Angela Lang | Animal Legal & Historical Center |
This discussion of whales focuses on the global protection of whales, beginning with the International Whaling Commission and the problems arising from legally permitted whaling. The second section involves the United States and International laws protecting whales, beginning with the Marine Mammal Protection Act,the Endangered Species Act and Treaty of CITES. The third section involves additional threats to whales, focusing on the problems of fishing nets, pollution, ship collisions, and whale watching and how human actions can have an effect on whale populations. |
| Overview of International Whaling Commission | Angela Lang | Animal Legal and Historical Center |
This overview discusses the origin of the International Whaling Commission as a regulatory body to manage the whaling industry. As whale populations decreased in the latter part of the 20th century, the IWC took on the role of conservation, which included the implementation of a moratorium on whaling and the designation of ocean sanctuaries. |
| Overview of Laws and Regulations Protecting Whales | Angela Lang | Animal Legal and Historical Center |
This overview summarizes the major federal laws that protect whales on a federal, international, and local level. |
| Biological Information for the Whale | Angela Lang | Animal Legal and Historical Center |
This summary provides a brief examination of the biology of whales, including habitat, reproductive cycles, and feeding. |