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A “FISHEYE” LENS ON THE TECHNOLOGICAL DILEMMA: THE SPECTER OF GENETICALLY ENGINEERED ANIMALS George Kimbrell & Paige Tomaselli 18 Animal L. 75 (2011)

One year ago, the United States Food and Drug Administration (FDA) proposed approval of the first genetically engineered (GE or transgenic) animal for food production—a salmon engineered to grow much faster than normal using genetic material from an ocean pout. Faced with concerns from scientists and the public that these “super” salmon will escape into the wild and be the final blow to wild salmon, proponents crafted a scheme that is half Michael Crichton, half Kurt Vonnegut: The engineered salmon eggs will begin life in a lab on a frozen Canadian island, then be airlifted to a guarded Panamanian fortress, where they will grow in inland tanks. After the fish reach maturity, the company will ship them back to the U.S. and sell them in grocery stores, likely without any labeling. Unfortunately, this is not a bad science fiction novel. How did we get to this juncture, the brink of this approval? This Essay is a snapshot of GE animals through the lens of the first one proposed for commercial approval.

Article
Abundant Animal Care, LLC v. Gray 316 Ga.App. 193 (Ga.App. 2012) 2012 WL 2125842 (Ga.App.)

While either shadowing her aunt or during her first day working at the veterinary clinic, the plaintiff was bitten three times by a dog she had taken outside to exercise. Plaintiff subsequently filed numerous claims against the veterinary clinic, including: negligence; negligence per se; nuisance; and violation of a premise liability and a dangerous dog statute. After the lower court denied defendant's motion for summary judgment, the defendant appealed to the Georgia appellate court. The appeals court stated that in a dog bite case, the plaintiff needed to produce evidence that the dog had a vicious propensity. Since the plaintiff failed to produce such evidence, the court held the defendant should have been granted a motion for summary judgment on its premise liability, nuisance, dangerous dog statute, and negligence per se claims. As for the negligence claim, the court held the defendant should have been granted a motion for summary judgment because the plaintiff was not aware of internal procedures to protect invitees and because the injuries were not proximately caused by negligent supervision. The lower court's judgment was therefore reversed.

Case
Access Now, Inc. v. Town of Jasper, Tennessee 268 F.Supp.2d 973, 26 NDLR P 107 (E.D.Tenn.,2003) Plaintiffs Access Now, Inc. and Pamela Kitchens, acting as parent and legal guardian on behalf of her minor daughter Tiffany brought this action for declaratory judgment and injunctive relief against defendant Town of Jasper, Tennessee under the ADA after the town denied her request to keep a keep miniature horse as service animal at her residence. The town's ordinance at issue provided that no person shall keep an enumerated animal within 1000 feet of any residence without a permit from the health officer. The Jasper Municipal Court held a hearing and determined that the keeping of the horse was in violation of the code and ordered it removed from the property. On appeal, this Court found that while the plaintiffs contended that the horse helped Tiffany in standing, walking, and maintaining her balance, Tiffany does not have a disability as defined by the ADA and does not have a genuine need to use the horse as a service animal. Further, the Court found that the horse was not a service animal within the meaning of 28 C.F.R. § 36.104 because the animal was not used in the capacity of a service animal and instead was a companion or pet to Tiffany. The plaintiffs' complaint was dismissed with prejudice. Case
Access to Eagles and Eagle Parts: Environmental Protection v. Native American Free Exercise of Religion Antonia M. DeMeo 22 Hastings Const. L.Q. 771

This article explores the inherent conflict between the federal laws to protect eagles through the BGEPA, MBTA, and ESA and Native American religious rights. The author finds that the current eagle permit system for Native Americans is incompatible with free exercise of religion. The author concludes that a revamping of the federal eagle permit system as well as the passage of the Native American Free Exercise of Religion Act (NAFERA)would help accommodate religious needs of Native Americans.

Article
Adams v Reahy [2007] NSWSC 1276

The first respondent claimed that despite their best efforts their dog was unable to gain weight and appeared emaciated. When proceedings were instituted, the first respondent was successful in being granted a permanent stay as the appellant, the RSPCA, failed to grant the first respondent access to the dog to determine its current state of health. On appeal, it was determined that a permanent stay was an inappropriate remedy and that the first respondent should be granted a temporary stay only until the dog could be examined.

Case
Adams v. Vance 187 U.S. App. D.C. 41; 570 F.2d 950 (1977)

An American Eskimo group had hunted bowhead whales as a form of subsistence for generations and gained an exemption from the commission to hunt the potentially endangered species.  An injunction was initially granted, but the Court of Appeals vacated the injunction because the interests of the United States would likely have been compromised by requiring the filing of the objection and such an objection would have interfered with the goal of furthering international regulation and protection in whaling matters.

Case
Adding a Bit More Bite: Suggestions for Improving Animal-Protection Laws in Minnesota Corwin R. Kruse 34 Wm. Mitchell L. Rev. 1405 (2008)

This article provides an overview of current Minnesota laws regarding animal abuse and suggestions to future reforms in the laws. Specifically, the author suggests the creation of provisions related to cruelty in the presence of a child, animal hoarding, restrictions on ownership of animals, protective orders, mandatory reporting, expanded training for law enforcement, and civil enforcement of anti-cruelty laws.

Article
Additional Protocol to the European Convention for the Protection of Animals During International Transport

Amendments to the European Convention for the Protection of Animals During International Transport.  The amendments are mainly procedural rather than substantive.

Treaty
Adrian v. Vonk 807 N.W.2d 119 (S.D. 2012) 2011 S.D. 84 (2011); 2011 WL 6260860 (S.D.)

Ranchers sued State for damage to their property from prairie dogs from public lands. The Supreme Court held that statutes governing State's participation in programs to control prairie dogs did not contain express waivers of sovereign immunity; State's statutorily-mandated actions in controlling prairie dogs were discretionary acts, and ranchers' action was barred by sovereign immunity; and statute did not provide for a nuisance cause of action against the State.

Case
AFADA habeas corpus Cecilia EXPTE. NRO. P-72.254/15 “Abogados y Funcionarios de defensa Animal” (AFADA) brought a writ of habeas corpus on behalf of Cecilia, a 30 year old chimpanzee that lived in the Mendoza Zoo alleging that the chimpanzee had been illegitimately and arbitrarily deprived of her right to ambulatory freedom and right to have a dignified life on the part of authorities of the Zoo of the City of Mendoza, Argentina. The court granted habeas corpus to Cecilia, ruling that Cecilia was a living being with rights and instructing defendants to immediately free her and to relocate her to the Great Ape Project Sanctuary in Brazil. Until this moment, only humans illegally detained had been granted this writ. Case

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