Results
Title |
Author | Citation | Summary | Type |
|---|---|---|---|---|
| THE ENDANGERED SPECIES ACT V. THE UNITED STATES DEPARTMENT OF JUSTICE: HOW THE DEPARTMENT OF JUSTICE DERAILED CRIMINAL PROSECUTIONS UNDER THE ENDANGERED SPECIES | Ed Newcomer, Marie Palladini & Leah Jones | 17 Animal L. 171 (2011) |
Historically, in prosecutions under the Endangered Species Act (ESA), to prove the element “knowingly” the government only had to prove that a defendant intentionally killed an animal that turned out to be endangered or threatened, not that the defendant knew the identity of the species or the endangered or threatened status of the animal when it was killed. Jury instructions to this effect were repeatedly upheld. Then, in a brief filed with the U.S. Supreme Court for McKittrick v. U.S., the federal government, unprompted, unnecessarily, and without explanation, said that it would not use this jury instruction in the future because the instruction did not properly explain “knowingly.” The U.S. Department of Justice subsequently issued a directive to its attorneys to that same effect. Now, there is a self-imposed rule in ESA prosecutions requiring prosecutors to prove that a defendant knew the animal was endangered or threatened at the time it was “taken” or killed. This Article discusses ways in which this change conflicts with the established law and its impact on ESA prosecutions. |
Article |
| The Environmental Effects of Cruelty to Agricultural Animals | Kyle H. Landis-Marinello | 106 Mich. L. Rev. First Impressions 147 (2008) | In his article, Landis-Marinello argues laws criminalizing animal abuse should apply to the agricultural industry. He further argues that when the agricultural industry is exempted from these laws, factory farms increase production to unnaturally high levels. This increased production causes devastating environmental effects, such as climate change, water shortages, and the loss of topsoil. In light of these effects, Landis-Marinello argues, the law needs to do much more to regulate the agricultural industry, and the first step should be to criminalize cruelty to agricultural animals. This would force the industry to slow down production to more natural levels that are much less harmful to the environment. | Article |
| The Equine Identification (England) Regulations 2018 | The Equine Identification (England) Regulations 2018 | Owners have two years to ensure all equines born before 30th June 2009 are chipped. Some wild and semi-wild equids are exempt. Non-compliant owners risk being fined. | Statute | |
| The Ethical Case For European Legislation Against Fur Farming | Andrew Linzey | 13 Animal Law 147 (2006) |
In recent years, several member states in the European Union enacted legislation to regulate or prohibit fur farming. This article calls for further action to ban the practice throughout the European Union. The Author notes animals’ inabilities to protect their own interests and the role of law to protect these vulnerable interests. The Author concludes by responding to the objections of fur farming proponents, ultimately finding no legitimate justification for the documented suffering of animals raised on fur farms. |
Article |
| The Evolving Legal Status of Chimpanzees, Comments from Jane Goodall, Dr. Roger Fouts, Steven Wise and David Favre | various - conference proceedings | 9 Animal L. 1 (2002) |
On September 30, 2002, Harvard Law School hosted a legal symposium sponsored by the Chimpanzee Collaboratory’s Legal Committee. The symposium featured speakers with expertise on chimpanzees, as well as legal scholars and lawyers who discussed the possibility of obtaining legal rights for chimpanzees and other great apes. This symposium sought to advance the argument that chimpanzees are entitled to some degree of legal status, and the speakers presented a range of views about how far such legal rights should extend. These remarks reflect the connection between the growing scientific understanding of chimpanzees and the advances in related legal doctrines. |
Article |
| The Federal Indian Trust Doctrine and the Bald and Golden Eagle Protection Act | Matthew Perkins | 30 ENTL 701 (2000) |
This article discusses the implications of the court decision in U.S. v. Hugs, which denied Native American claims asserting infringement of First Amendment rights as well as treaty rights where eagle parts were sold. This author expresses that the holding in United States v. Hugs is limited to its facts, and does not absolve the government from its obligation under The Federal Indian Trust Doctrine, and that a valid trust doctrine argument remains to be made against the BGEPA. |
Article |
| THE FIRST ANIMAL LAW JOURNAL, TWENTY VOLUMES LATER | Melissa Young | 20 Animal L. 1 (2013) |
Twenty volumes is no small feat for an independently funded, entirely student-run journal. With a total staff of twenty students, including a small Board comprised of Editor in Chief, James Goldstein, Jr.; Managing Editor, William Fig; Articles Editor, Kelly Jeffries; and Form and Style Editor, Benjamin Allen, Animal Law published the inaugural volume of the world’s first animal law journal in 1995. This landmark event was the result of the hard work of Lewis & Clark students, with some key support. In this first volume, Animal Law gave “special thanks to Benjamin Allen for his hard work and dedication in founding [the] journal, to Matthew Howard and Nancy Perry for their inspiration, and to Richard Katz for his invaluable support throughout the process.” Animal Law also gave “thanks to Michael Blumm for his advice and encouragement, and to the Board of [Animal Legal Defense Fund (ALDF)] for their support.” |
Article |
| THE FOREST SERVICE'S BAIT AND SWITCH: A CASE STUDY ON BEAR BAITING AND THE SERVICE'S STRUGGLE TO ADOPT A REASONED POLICY ON A CONTROVERSIAL HUNTING PRACTICE WITHIN THE NATIONAL FORESTS | Eric Glitzenstein and John Fritschie | 1 Animal L. 47 (1995) | After describing the practice and effects of bear baiting, the article recounts the USFS's reluctant and haphazard attempts to develop a national policy on bear baiting, and the resulting legal challenges. The authors examine the scope of USFS authority to regulate human activities in the national forests, particularly with regard to actions impacting wildlife, then analyze the USFS's recent proposed "national policy" on bear baiting. Finally, the authors will explain why the USFS should apply the same management principles and standards to controversial 'hunting" practices, such as bear baiting, as it does to other uses of the nation's forests which have environmental impacts and interfere with the use and enjoyment of the forests by other users. | Article |
| THE FRUITS OF OUR LABOR: RESULTS FROM THE FIRST SESSION OF THE 105TH CONGRESS-1997 FEDERAL LEGISLATIVE SUMMARY | Nancy Perry | 4 Animal L. 137 (1998) | Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legislative agenda in is this area. She also provides a current legislative update for each bill involved. | Article |
| THE FRUITS OF OUR LABOR: RESULTS FROM THE FIRST SESSION OF THE 105TH CONGRESS-1997 FEDERAL LEGISLATIVE SUMMARY | Nancy Perry | 4 Animal L. 137 (1998) | Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legislative agenda in is this area. She also provides a current legislative update for each bill involved. | Article |