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Adding a Bit More Bite: Suggestions for Improving Animal-Protection Laws in Minnesota Corwin R. Kruse 34 Wm. Mitchell L. Rev. 1405 (2008)

This article provides an overview of current Minnesota laws regarding animal abuse and suggestions to future reforms in the laws. Specifically, the author suggests the creation of provisions related to cruelty in the presence of a child, animal hoarding, restrictions on ownership of animals, protective orders, mandatory reporting, expanded training for law enforcement, and civil enforcement of anti-cruelty laws.

Against the Current: The Attempt to Keep Asian Carp Out of the Great Lakes Drew YoungeDyke Animal Legal & Historical Center

In the man-made channels connecting the Mississippi, Illinois and Des Plaines Rivers to Lake Michigan lurk fish with the potential to dramatically and permanently alter the biomass of the Great Lakes. Asian carp have been found in the Chicago Area Waterway System, and the effort to keep this injurious species out of Lake Michigan has sparked a multi-state legal battle, resurrecting an 81-year old Supreme Court case and a new request that the System’s locks be closed. At stake is the $70 million shipping industry that relies on the locks, the $7 billion fishing industry that relies on the lakes and the invaluable ecosystem and natural resources that comprise world’s largest freshwater lake system.

AGENDA: Biodiversity Protection: Implementation and Reform of the Endangered Species Act University of Colorado Boulder Natural Resources Law Center University of Colorado Boulder. Natural Resources Law Center, "AGENDA: Biodiversity Protection: Implementation and Reform of the Endangered Species Act" (1996). Biodiversity Protection: Implementation and Reform of the Endangered Species Act (June 9-12). In 1996, the Endangered Species Act was up for reauthorization, and with it, a variety of reform proposals were debated in the Biodiversity Protection Conference at the University of Colorado—Boulder. The following conference proceeding -- which included natural resource scholars, experts from the private and nonprofit sectors, and government officials--examined the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and examples of implementation of the Act from across the West. Special attention was given to major issues raised by the Act that cut across all regions, including: consultations and recovery planning; habitat conservation plans; the ESA and water rights; the ESA and state programs; the ESA and tribal rights; economic impacts of the ESA; and ESA reform proposals.
AGENDA: Who Governs the Public Lands: Washington? The West? The Community? University of Colorado Boulder Natural Resources Law Center University of Colorado Boulder. Natural Resources Law Center, "AGENDA: Who Governs the Public Lands: Washington? The West? The Community?" (1994). Who Governs the Public Lands: Washington? The West? The Community? (September 28-30). This second annual western lands conference explored federal initiatives about policy objectives and management approaches for public lands in the West, including the Colorado Grazing Roundtable and Rangeland '94, Option 9 and the Pacific Northwest forests, bypass flows and Colorado national forests, and wilderness protection in Utah. Speakers were from federal agencies; from states; from groups concerned with the use and protection of the public lands; and from academia.
All Hands On Deck: Biopiracy & the Available Protections for Traditional Knowledge Shannon F. Smith 10 J. Animal & Nat. Resource L. 273 As the United States and other developed countries seek better protections for their intellectual property, Southern developing countries rich in biological resources seek better protections for these resources and the knowledge of their indigenous peoples. The story goes that Northern scientists are bioprospecting within Southern countries and obtaining knowledge about traditional plants and their uses from the countries’ native people. The Northern scientists then take this traditional knowledge and develop new uses or products, which they patent in their own countries. They do this, however, without compensating the indigenous groups who initially supplied the base knowledge. The indigenous people also claim that the cost of medicine and other goods rises, as their traditional knowledge may now come with a licensing fee. This Note discusses “traditional knowledge,” as this indigenous knowledge has been termed. It looks at what this knowledge is and the difficulties in defining it. It further looks at the problems traditional knowledge presents in terms of finding a solution both parties are satisfied with. As traditional knowledge generally does not fit in the Western concept of protectable intellectual property, this Note looks to the problems this conflict between differing property systems creates. Finally, this Note considers the current protections that are available for individual tribes or nations to choose between to fit their own individual needs, despite numerous failed attempts to integrate such protections into international treaties.
America Gets What it Wants: Pet Trusts and a Future for its Companion Animals Breahn Vokolek 76 UMKC L. Rev. 1109 (Summer, 2008)

The pet trust has earned wide acceptance despite its unique non-human and noncharitable nature and has been adopted relatively quickly compared to other novel types of trusts. This comment reviews the history and characteristics of pet trusts to determine why they have been so widely recognized and to explore how the growth in their use and acceptance may be predictive of the development of trusts in the future.

American Wildlife Law - An Introduction David Favre

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.

An Analysis of Factors Responsible for the Decline of the U.S. Horse Industry: Why Horse Slaughter is not the Solution John Holland and Laura Allen Kentucky Journal of Equine, Agriculture, & Natural Resources Law: Vol. 5 : Iss. 2 , Article 4. Available at: https://uknowledge.uky.edu/kjeanrl/vol5/iss2/4

Copyright © 2013 by Kentucky Journal of Equine, Agriculture, & Natural Resources Law; John Holland and Laura Allen. Reprinted with permission.
An Analysis of Favre’s Theory on the Legal Status of Animals: Towards a Reconsideration of the “Person-Property Dichotomy” Akimune Yoshida AA1161370X In modern legal systems, only persons (including natural persons and legal persons) can have legal rights; property cannot. This perspective is known as the “Person-Property Dichotomy". Although animals are categorized as personal property, their legal treatment has changed from that of other forms of property, and in many jurisdictions, anti-cruelty laws have been enacted to punish owners of animals who abuse animals in their care. This unique legal status of animals leads us towards a reconsideration of the “Person-Property Dichotomy”. The Japanese Government is currently in the process of amending the Act on Welfare and Management of Animals. In Japan, there has been a dearth of academic debate to date about the legal status of animals, and it is helpful to see how other jurisdictions have discussed this topic. This paper focuses on David S. Favre’s theory as it has not been studied as deeply in Japan as its importance and societal needs merit. In order to keep animals within the concept of property and recognize their legal rights, Favre proposed an innovative concept, “living property”. His theory is based on the principle of trusts, which divide title into equitable and legal title, and acknowledges equitable self-ownership by animals. Whereas domestic animals possess equitable title and some legal rights, owners have only legal title. Such animals with equitable title thus become living property. When owners infringe domestic animals’ legal rights, such animals can sue their owners with the help of other humans as guardians. This paper introduces Favre’s theory on the legal status of animals from his own highly original perspective and analyzes it critically with a view to clarifying its implications for Japanese law.
An Animal is Not an Ipod Diane Sullivan & Holly Vietzke 4 Journal of Animal Law 41 (2008)

The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is often times the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Needless to say, awarding damages at fair market value serves as little or no deterrence for the tortfeasor. This is especially true in cases where the companion animal lacks pedigree or special training. However, some decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States on companion animals and proposes legislative action in the state of Florida for the recovery of the “loss of companionship” for owners of companion animals.

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