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Title Authorsort descending Citation Summary
Brief Summary of the Laws Pertaining to Zoos Kali S. Grech Animal Legal & Historical Center

This summary briefly examines the laws pertaining to zoo animals on the state, federal, and international level. Until the laws are improved, and there is stricter control and more enforcement, zoo animals will continue to suffer.

Detailed Discussion of the Laws Affecting Zoos Kali S. Grech Animal Legal & Historical Center

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.

Detailed Discussion of International Trade in Wild-Caught Reptiles James M. Green Animal Legal & Historical Center

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.

Overview of the International Trade in Wild-Caught Reptiles James M. Green Animal Legal & Historical Center

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.

Interpreting “Enhancement Of Survival” In Granting Section 10 Endangered Species Act Exemptions To Animal Exhibitors Anne Haas 32 Pace Envtl. L. Rev. 956 Managing endangered species in captivity presents a unique set of problems. Despite their enormous potential to preserve species in the wild - through captive breeding programs, conservation initiatives, and environmental advocacy - many facilities are lagging behind. Part II of this note discusses the evolution of zoos from ancient Egyptian displays of wealth to modern day conservation and education centers. Focusing on the Endangered Species Act, Part III introduces various laws protecting captive animals. Part IV discusses the great potential of zoos to preserve species and the ecosystems on which they rely, while acknowledging the diverse nature of animal exhibitors and the variety in quality of animal care. In response to this inconsistency, and in the context of PETA v. U.S. Fish & Wildlife Service,5 Part V recommends four factors that the FWS might use to evaluate an animal exhibitor's potential to enhance species survival in furtherance of the ESA.
Tiger Conservation in a "Globalized" World: Tying Humans, Forests, and Tigers Together Ross Hammersley Animal Legal & Historical Center

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.

Brief Summary of the Endangered Species Act Cynthia F. Hodges Animal Legal & Historical Center

The Endangered Species Act ("ESA") prohibits importing, exporting, taking, possessing, selling, and transporting endangered and threatened species (with certain exceptions). ESA also provides for the designation of critical habitat and prohibits the destruction of that habitat. ESA provisions are enforced through the use of citizen suits, imprisonment, fines, and forfeiture.

The Public and Wildlife Trust Doctrones and the Untold Story of the Lucas Remand Blake Hudson 34 Colum. J. Envtl. L. 99 (2009)

This article seeks to address more thoroughly how the historical “old maxims” of the public and wildlife trust doctrines can be used as Lucas background principles of property law to overcome takings challenges brought against state and federal environmental regulations. First, the historical underpinnings of the public trust doctrine and the wildlife trust doctrine prior to the founding of the nation are described. The Illinois Central Railroad v. Illinois and Geer v. Connecticut, which are the key Supreme Court cases establishing the validity of these doctrines in the United States are summarized. The author asserts that the doctrines may be interchangeably applied as a means of protecting important environmental resources. The author illustrates how the use of these doctrines might have changed the ultimate outcome of the Lucas case.

Detailed Discussion of Chimpanzee Laws in the United States and Abroad Alicia S Ivory Animal Legal and Historical Center

This article summarizes the international and American laws affecting chimpanzees. Each law is described, and the ways in which each law works well and works poorly are discussed. Generally, all laws affecting chimpanzees as they are currently written, do not adequately protect the species from the most salient threats to its survival.

Brief Overview of Chimpanzee Laws Alicia S Ivory Animal Legal and Historical Center

This article briefly covers the main threats to chimpanzee welfare, the tools currently in place to protect them, and suggestions for improving their status.

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