Results
Title | Author | Citation | Summary | Type |
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Dangerous Dog Laws: Failing to Give Mans Best Friend a Fair Shake at Justice | Cynthia A. McNeely & Sarah A. Lindquist | 3 J. Animal L. 99 (2007) |
Compared to other non-human animals, dogs generally share a privileged relationship with humans. Recent government trends have been to classify dogs “dangerous” to force “irresponsible owners” to better control their dogs. While some “owners” are undeniably irresponsible and deserve to be held accountable, a fair analysis of some of the factual situations underlying dangerous dog classifications indicates that too many local governments declare dogs dangerous who are not truly dangerous. With the United States human population now at more than 300 million, it is foreseeable that this trend is only going to continue as developable land decreases, forcing humans to live closer together and to come into greater contact with neighbors' dogs. |
Article |
Pit Bull Bans and the Human Factors Affecting Canine Behavior | Jamey Medlin | 56 DePaul L. Rev. 1285 (2007) |
This Comment examines the reasons for breed-specific legislation and looks at some of the human factors behind the “breed” problem. It argues that instead of targeting specific breeds, municipalities should enforce existing animal control laws and punish the human behavior that leads to dog attacks. This Comment concludes that laws addressing human behavior, rather than breed bans, are a better long-term solution to further public safety and animal welfare. |
Article |
Got Organic Milk? "Pasture"-Ize it!: An Analysis of the UDSA's Pasture Regulations for Organic Dairy Animals | Fatema Merchant | 14 Animal Law 237 (2007) | This article discusses the “access to pasture” issue and analyzes the ambiguity that has lead to widely varied farming practices and finished products. The vague language undermines the goals of the National Organic Program and threatens the integrity of the organic seal. This article suggests ways to clarify the standards and offers alternative solutions to the problems facing consumers, organic food advocates, and farmers because of the vague regulations | Article |
Bucking the Trend: Why Maryland Does Not Need an Equine Activity Statute and Why It May Be Time to Put All of These Statutes Out to Pasture | Jennifer D. Merryman | 36 U. Balt. L.F. 133 (Spring 2006) |
Part I of this comment shows the impetus behind equine activity statutes. Part II shows why the need for equine statutes no longer exists based on the doctrine of primary implied assumption of risk. Lastly, Part III surveys Maryland law to show that Maryland will not benefit from an equine activity statute and therefore should not adopt one. |
Article |
Maximizing Scientific Integrity in Environmental Regulations: The Need for Congress to Provide Guidance When Scientific Methods Are Inadequate or When Data Is Inconclusive | Mariyetta Meyers | 12 Animal L. 99 (2005) |
A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. Since agencies are given broad discretion in their decisions—even those based on science—this Comment argues for clear congressional guidelines in best science available directives, because only such guidelines would ensure greater agency compliance with congressional intent, give courts more direction in reviewing agency decisions under the APA, and, in the long run, maximize the scientific integrity of agency rules and decisions. In the environmental and wildlife protection contexts, this will ensure that agencies achieve Congress’s objectives, resulting in greater species protection. |
Article |
Biological Information on the Bald Eagle | Jody Gustitus Millar | 64 FR 36453 (July 6, 1999) |
This article provides a short summary of the bald eagle's (Haliaeetus leucocephals) pertinent biological information. Included in this summary are the facts about the eagle's breeding behavior, habitat, diet, and geographic range in the United States. |
Article |
Exporting Morality with Trade Restrictions: The Wrong Path to Animal Rights | Gary Miller | 34 Brook. J. Int'l L. 999 (2009) |
Part I of this Note will critique normative moral theory with respect to its fundamental role in animal welfare proselytizing, its applicability to legal theory, and its usefulness as a basis for legal decision making. Part II will discuss international trade disputes arising over morality-based domestic import restrictions in order to examine why the GATT has consistently been interpreted to err on the side of free trade and consumer choice. Finally, Part III will argue that the DCPA is not only an ineffective and unenforceable law but also potentially counterproductive to the goals of the Western animal welfare movement and overly costly to global trade infrastructure in light of more effective alternatives. |
Article |
Invented Cages: The Plight of Wild Animals in Captivity | Alyce Miller and Anuj Shah | 1 Journal of Animal Law 23 (2005) |
The rate of private possession of wild animals in the United States has escalated in recent years. Laws at the federal, state, and local levels remain woefully inadequate to the task of addressing the treatment and welfare of the animals themselves and many animals “slip through the cracks,” resulting in abuse, neglect, and often death. This article explores numerous facets of problems inherent in the private possession of exotic animals. |
Article |
Backyard Breeding: Regulatory Nuisance, Crime Precursor | Lisa Milot | 85 Tenn. L. Rev. 707 (2018) | This Article fills this gap by addressing the problems of unregulated, small-volume dog breeding. Part I provides an overview of the regulatory regimes that govern dog breeding in the United States; an Appendix provides citations to and summaries of the relevant provisions of each state's laws. Part II steps back and describes backyard breeding operations and their harms, including, at times, their role in larger criminal enterprises. Part III reviews literature on the regulation of “low risk” activities and develops a practical, three-step approach to regulating backyard breeding, to efficiently resolve much nuisance-level backyard breeding and illuminate the pernicious breeding. Part IV concludes the Article. | Article |
Two Competing Models of Activism, One Goal: A Case Study of Anti-Whaling Campaigns in the Southern Ocean | Anthony L.I. Moffa | 37 Yale J. Int'l L. 201 (2012) |
This Comment is divided into four parts. Part I will describe the problem presented by international whaling and provide a historical context of the industry, its relatively recent regulation, and specific actions concerning Japanese whaling in the Southern Ocean. Parts II and III will draw on this case study to illustrate the competing models of activism--protest and interventionist--and highlight the demonstrated advantages of and drawbacks to each. Part IV will lend insight into the implications of permitting each model. |
Article |