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Displaying 6071 - 6080 of 6592
Title Authorsort descending Citation Summary Type
What About Wilbur? Proposing a Federal Statute to Provide Minimum Humane Living Conditions for Farm Animals Raised for Food Pro Amy Mosel 27 UDTNLR 133 (2001)

This article proposes federal legislation that would provide minimum standards for the daily living conditions of animals raised for food production.

Article
Tilikum’s Splash: Lessons Learned From Animal Rights-Based Litigation Strategies Brittany J. Mouzourakis 10 J. Animal & Nat. Resource L. 223 The animal advocacy movement is divided between those who believe in animal welfare and those who believe in animal rights. Although these two factions of the animal advocacy movement hold the overall goal of making the lives of animals better, practical differences do arise in the way in which these two factions litigate animal issues to achieve this goal. This Note explores Tilikum ex rel. People for the Ethical Treatment of Animals, Inc. v. Sea World Parks & Entertainment, a case in which five orca whales "sued" Sea World for violating their Thirteenth Amendment right to be free from slavery and involuntary servitude. The case received widespread publicity as it was the first time a U.S. federal court had been asked to determine whether the Thirteenth Amendment to the United affords protection to non-humans. The Tilikum case departed from the traditional model of litigating animal issues by utilizing what this Article deems an animal rights-based litigation strategy. This Note first provides an overview of the traditional animal welfare-based model of litigating animal issues. This Note then analyzes the Tilikum litigation strategy to show how it departed from the traditional animal welfare-based model. Additionally, this Note weighs the advantages of both litigation strategies, ultimately recommending that animal advocacy organizations not depart from the animal-welfare based litigation strategies. Finally, this Note explores the theoretical possibility of expanding legal rights to animals based upon the expansion of legal rights to other non-human entities, such as corporations. Article
Our Dumb Animals Vol 20 No.3 MSPCA Vol 20, No 3

This is a magazine published by the Massachusetts Society for the Prevention of Cruelty to Animals. It is a mixture of articles, humor, poems and information, not unlike the Reader's Digest format of today. It is reflective of a softer, gentler era.

Article
ANIMAL VIOLENCE COURT: A THERAPEUTIC JURISPRUDENCE-BASED PROBLEM-SOLVING COURT FOR THE ADJUDICATION OF ANIMAL CRUELTY CASES INVOLVING JUVENILE OFFENDERS AND ANIMAL HOARDERS Debra L. Muller-Harris 17 Animal L. 273 (2011)

Cases involving cruelty to animals are currently handled by the traditional criminal courts. These courts, however, are not effective at punishing animal abusers or protecting animal victims. Although all states have laws criminalizing various forms of animal cruelty, the reality is that most cruelty cases are not prosecuted; even when cruelty cases are successfully prosecuted, punishments are weak. This Comment proposes the creation of an Animal Violence Court, using juvenile animal abusers and adult hoarders as ideal candidates for a pilot animal cruelty justice system. The Animal Violence Court will provide for the ongoing safety and care of animal victims, will work to rehabilitate offenders, and will require long-term monitoring of offenders by the court. Modeled after similar problemsolving courts, the Animal Violence Court will improve upon the current criminal justice system, rehabilitate offenders, and protect innocent animals, sending a clear message that animal abuse will not be tolerated.

Article
A Show of Humanity to Slow Hugh, the Manatee: A Property Rights Proposal for the Sea Cow (with a Brief Consideration for his Friend, the Brown Pelican) Mark A. Mullins Animal Legal & Historical Center

This paper explores the background of the manatee and the issues the species faces. It then sets forth some of the applicable laws that are currently in place, followed by a consideration of the benefits and shortcomings of those laws. Finally, it reflects on some changes that have been suggested, and, ultimately, introduces a new approach—providing property rights to the West Indian Manatee—with a response to potential criticism in mind.

Article
State Wildlife Laws Handbook: Chapter 2 Overview of Wildlife Law Ruth S. Musgrave Musgrave, Ruth S. & Mary Anne Stein, State Wildlife Laws Handbook 6-13 (1993).

This chapter gives an overview of the history of wildlife laws and the development of modern state wildlife laws. Moreover, it discusses the relationship between state wildlife laws and federal wildlife laws.

Article
Federal Wildlife Law of the 20th Century Ruth Musgrave

This Chapter provides a review of the political, legislative and judicial trends which have shaped the formation of the "tangle" of federal wildlife and related environmental laws, from the early 1900s to the present.

Article
Playing Noah John Compeland Nagle 82 Minn. L. Rev. 1171 (1998)

In “Playing Noah,” John Copeland Nagle investigates the difficulty of protecting all endangered species through the implementation of the Endangered Species Act. In doing so, Nagle looks at utilitarian arguments and concludes that these arguments do not justify treating all species equally. Instead, Nagle concludes that religious, moral, or ethical arguments provide a better justification. Specifically, Nagle contends that the book of Genesis provides a compelling case for protecting all endangered species.

Article
The Commerce Clause Meets the Delhi Sands Flower-Loving Fly John Copeland Nagle 97 Mich. L. Rev. 174 (1998)

The Delhi Sands Flower Loving Fly obtained endangered species status on the day a county planned to construct a hospital on the fly's dwindling habitat. Since the Endangered Species Act (ESA) prohibits the taking of any endangered species and courts have interpreted "taking" to include “significant habitat modification or degradation where it actually kills or injures” a member of the species, the county made concessions to comply with the ESA. However, when the county learned that the fly stood in the way of its plans to redesign an intersection, the county filed suit challenging the application of the ESA to the fly's habitat; many others who also wished to build on the fly's habitat joined in the suit as well. Using United States v. Lopez, 514 U.S. 549 (1995), these groups hoped the district court would find that the ESA, under the Commerce Clause of the U.S. Constitution, could not constitutionally protect the fly's habitat. The district court, however, upheld the act's application. In the appeal of the district case, known as the National Ass'n of Home Builders v. Babbitt, 130 F.3d 1041 (D.C. Cir. 1997), the appellate court upheld the lower court's decision, but offered three different explanations why the ESA could or could not constitutionally require protection of the fly. In this article, John Copeland Nagle investigates these three strikingly diverse explanations. In doing so, Nagle also investigates whether Congress has the power to protect something that is very rare, very valuable, and seemingly entirely uninvolved with commerce between the states.

Article
FEEDLOTS-RURAL AMERICA'S SEWER Marilyn Lee Nardo 6 Animal L. 83 (2000) Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act and proposes that new regulations and stricter enforcement of the current NPDES program are necessary to protect public and environmental health from manure contamination. Article

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