Results
Title |
Author | Citation | Summary | Type |
|---|---|---|---|---|
| Emotional Support Animals and Waiver of "No Pets" Rules by Landlords | Kate Brewer |
Brief Summary of Emotional Support Animals and Housing Laws
|
Topical Introduction | |
| Emotional Support Animals Excepted From "No Pets" Lease Provisions Under Federal Law | Kate A. Brewer | Animal Legal & Historical Center |
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. |
Article |
| Empacadora De Carnes De Fresnillo v. Tim Curry |
Plaintiff seeks an injunction against state of Texas to stop the enforcement of a law prohibiting the slaughter of horses in Texas as the law is improper on a number of bases. |
Pleading | ||
| Empacadora de Carnes de Fresnillo, S.A. de C.V. v. Curry | 476 F.3d 326 (5th Cir. 2007) |
The issue on appeal was whether Texas' prohibition of horsemeat for human consumption was preempted by the Federal Meat Inspection Act (FMIA) or was in violation of the dormant Commerce Clause. The court held that the statute was not preempted or in violation of the dormant Commerce Clause. |
Case | |
| EMPATHY WITH ANIMALS: A LITMUS TEST FOR LEGAL PERSONHOOD? | Carter Dillard | 19 Animal L. 1 (2012) | This is one of the fundamental questions that frame the study of animal law: To what extent should nonhuman animals be considered legal persons? Of course, this question presupposes that we share or can arrive at a common and stable conception of legal personhood. In fact, there are a variety of conceptions of legal personhood. This Introduction will explore one in particular and, in the process, question the extent to which simply being born Homo sapiens satisfies the potentially complex and demanding requirements of being a legal person. This argument will lead us to reframe animal law a bit and question whether we protect animals by focusing on their status or whether we are better off focusing on the status of humans—and not so much who we are but who, as legal persons that constitute legalities, we ought to be. | Article |
| EMPOWERING MARKET REGULATION OF AGRICULTURAL ANIMAL WELFARE THROUGH PRODUCT LABELING | Sean P. Sullivan | 19 Animal L. 391 (2013) | In many Western nations, rising public concern about the welfare of agricultural animals is reflected in the adoption of direct regulatory standards governing the treatment of these animals. The United States has taken a different path, tending to rely on a “market-regulation” approach whereby consumers express their desire for specific welfare practices through their purchasing decisions. This Article explores the failure of market regulation and the welfare-preference paradox posed by consumers who express a strong preference for improved animal welfare in theory, but who simultaneously fail to demand heightened welfare standards in practice. It argues that market regulation is failing in this country because current animal-welfare labeling does not clearly or credibly disclose to consumers the actual treatment of agricultural animals. As a corollary, effective market regulation of agricultural animal welfare could be empowered simply by improving current animal-welfare labeling practices. | Article |
| ENACTING AND ENFORCING FELONY ANIMAL CRUELTY LAWS TO PREVENT VIOLENCE AGAINST HUMANS | Joseph G. Sauder | 6 Animal L. 1 (2000) | Felony animal anti-cruelty laws should be enacted and strictly enforced to protect animals and humans. Studies show that violence in the home, of any type, is self-perpetuating, creating generations of abusers and victims. Children who witness abuse are more likely to abuse animals and eventually humans; even minor acts of animal abuse are signs of a disturbed individual and should be taken seriously. Current animal anti-cruelty laws fail to prevent this violence. This article proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent this cycle of violence. | Article |
| Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Arroyo Toad (Bufo califo | Krista Cotter | Animal Legal & Historical Center |
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. |
Article |
| Endangered Species Act (ESA) | Cynthia Hodges |
Brief Summary of the Endangered Species Act (ESA) |
Topical Introduction | |
| Endangered Species Act Listing | Dirk Kempthorne | This press release announces listing polar bears as a threatened species under the Endangered Species Act. | Article |
