Results
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| 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 | |
| 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 |
| 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 |
| 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 |
| 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 |
| ". . . und die tiere" Constitutional Protection for Germany's Animals | Kate M. Nattrass | 10 Animal L. 283 (2004) | In the summer of 2002, Germany welcomed animals into the folds of constitutional protection. With the addition of the words “and the animals,” Germany became the first country in the European Union (“E.U.”), and the second on the European continent, to guarantee the highest level of federal legal protection to its nonhuman animals. Though a welcomed development in the eyes of most Germans, this groundbreaking event received very little attention on the world stage. Common misconceptions about the ramifications of the constitutional amendment resulted in limited to no accurate representation in worldwide media. Likewise, international policymakers and animal protectionists have shown little awareness of this development and its potential implications. In addition to possible legal effects, the social implications of such an occurrence in a major western country are vast. International leaders will certainly take note as the effects of this change begin to take place in Germany’s laws and, increasingly, in its international policies. More importantly, the global animal protection community should take note of what is possible, and what can be learned from the achievements of Germany’s animal protection community. This study traces the legal and social developments leading to Germany’s constitutional amendment which provides protection to animals, showing how this legal highpoint was achieved. Multiple sources are used, including congressional, judicial, and party doc uments, press releases, international media reports, personal communication with leaders in four major German animal protection organizations, interviews with a key Ministry official, and published materials. This study will also critically assess the claims of the animal protection and opposition communities in order to predict where German animal law is going and what effects this change will have on the treatment of animals both within Germany and internationally. Concluding thoughts will address how the international animal protection community can understand this legal victory in a constructive context. | Article |
| What About The Polar Bears? The Future of The Polar Bears as Predicted by a Survey of Success Under The Endangered Species Act | Laura Navarro | 19 Vill. Envtl. L.J. 169 (2008) |
The proposed listing of polar bears raises questions about what that listing might mean for the polar bears as a species, and how successful conservation efforts will or can be. This Comment explores these and other questions implicated by the proposed listing of polar bears as an endangered species under the Act. |
Article |
| Keeping Bad Science Out of the Courtroom: Why Post-Daubert Courts Are Correct in Excluding Opinions Based on Animal Studies From Birth-Defects Cases | Dije Ndreu | 36 Golden Gate U. L. Rev. 459 (2006) |
This Comment argues that courts should keep animal studies out of the courtroom in birth-defects toxic-torts cases. Part I sets forth the evidentiary standards used to determine the admissibility of evidence and then presents background information on birth defects and how they are studied. It also discusses the problems inherent with animal tests and the contrasting value of human data. Part II explores the admissibility of animal studies in post-Daubert birth-defects cases and argues that exclusion is warranted. Part II then urges redirection of resources to human studies and promising alternatives to animal tests, and it discusses the impact of excluding expert opinions based on animal tests from court cases. Part III concludes by summarizing the case against admission of animal studies and the positives that would result from exclusion. |
Article |
| Is the Law of Acquisition of Property by Find Going to the Dogs? | Eric W. Neilsen | 15 T.M. Cooley L. Rev. 479 (1998) |
This Comment attempts to resolve the considerable confusion in the law of acquisition by find of property as it relates to companion animals. First, the development of the theories of the common law and legislative solutions to lost and estray property will be examined to provide a legal foundation for analysis of lost property and animals. Then, the focus will turn to the public policy arguments that courts across the country are relying on in their decisions as new common law is made in judicial resolutions of the competing issues. Finally, the Author provides a reasonable solution in light of legislative and judicial action. |
Article |
| The Laws Concerning Game (1753) | William Nelson | The Laws Concerning Game (1753) |
This is nice summary of the history of English Game Law from 1066 - 1700's. The following is the introduction from the book. |
Article |