Results
Title | Author | Citation | Summary | Type |
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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 |
Overview of Polar Bears | Sarah R. Morgan | Animal Legal and Historical Center |
This overview explores the laws, both domestic and non-U.S., in place to protect polar bears. It also discusses the current threats to polar bear populations, including climate change, oil and other development, pollution, hunting and self-defense killing, intraspecific predation, tourism in the Arctic, and capture for public display. |
Article |
Brief Overview of Polar Bears | Sarah R Morgan | Animal Legal and Historical Center |
This article provides a brief overview of the threats facing polar bears. |
Article |
Biological Overview of the Polar Bear | Sarah R. Morgan | Animal Legal & Historical Center |
This article provides a brief biological summary of the polar bear. |
Article |
Polar Bears | Sarah Morgan |
Brief Summary of Laws Affecting Polar Bears
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Topical Introduction |