Results
Title |
Author | Citation | Summary | Type |
|---|---|---|---|---|
| A Step at a Time: New Zealands Progress Towards Hominid Rights | Rowan Taylor | 7 Animal L. 35 (2001) |
Mr. Taylor writes about the Great Ape Project's campaign to win fundamental rights for all hominids with New Zealand's Animal Welfare Act. While the Act was a significant step in the struggle for hominids' rights, larger steps, including a Nonhuman Hominid Protection Bill, will soon follow. |
Article |
| A SLAVE BY ANY OTHER NAME IS STILL A SLAVE: THE TILIKUM CASE AND APPLICATION OF THE THIRTEENTH AMENDMENT TO NONHUMAN ANIMALS | Jeffrey S. Kerr, Martina Bernstein, Amanda Schwoerke, Matthew D. Strugar, Jared S. Goodman | 19 Animal L. 221 (2013) | On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this country—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amendment. The case presented, for the first time, the question of whether the Thirteenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpinnings, and argues that the district court’s opinion ultimately dismissing the suit failed to address the critical issues that animated this case of first impression: Who “counts” as a legal person for the purposes of law? Is it time to recognize nonhuman animals as legal persons, based on progressing scientific and normative views? What principles underlie the Thirteenth Amendment? When and how does the application of the Constitution expand? Can the meaning of the Constitution evolve to encompass the interests of nonhuman animals? Drawing on the United States Supreme Court’s long history of evolving constitutional interpretation, this Article presents four theories of constitutional change, under which the meanings of “slavery” and “involuntary servitude” are expansive enough to include nonhuman animals. Despite the district court’s decision, the case can be properly viewed as the first step toward the legal recognition that the Thirteenth Amendment protects the rights of nonhuman animals to be free from bondage. | 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 |
| A SHORT HISTORY OF (MOSTLY) WESTERN ANIMAL LAW: PART II | Thomas G. Kelch | 19 Animal L. 347 (2013) | This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. In Part I of this Article, it was discovered that while economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment, we see social engineering—efforts to change human behavior—come to the fore. In this Part II of the Article, it is found that in the recent modern historical period we finally see protecting animals for their own sakes—animal protection—motivating animal law. In our present historical period, this Part II of the Article uncovers a movement towards what is defined as “scientific animal welfare”—the use of modern animal-welfare science as the inspiration for animal laws and regulations. Does this historical trend toward the use of modern science in making animal law portend a change that may transform our relationship with animals? Modern science tells us that many animals have substantial cognitive abilities and rich emotional lives, and this science would seem to lead us to question the use of animals in agriculture, experimentation, and entertainment altogether. It is ultimately concluded in this Part II of the Article, however, that only a very narrow science of animal welfare is actually being applied in modern animal-protection laws and regulations, one that proceeds from the premise that present uses of animals are legally, ethically, and morally appropriate. It is only in the future that the true implications of modern science may ever be translated into legal reality. | Article |
| A SHORT HISTORY OF (MOSTLY) WESTERN ANIMAL LAW: PART I | Thomas G. Kelch | 19 Animal L. 23 (2012) | This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. While economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment we see social engineering—efforts to change human behavior—come to the fore. In the recent modern period, we finally see protecting animals for their own sakes, animal protection, motivating animal law. In our present historical period there is a movement towards what is defined as “scientific animal welfare”—the use of modern animal welfare science as the inspiration for animal laws and regulations. Does this historical trend toward use of modern science in making animal law portend a change that may transform our relationship with animals? Modern science tells us that many animals have substantial cognitive abilities and rich emotional lives, and this science would seem to lead us to question the use of animals in agriculture, experimentation, and entertainment altogether. It is ultimately concluded in this Article, however, that so far only a very narrow science of animal welfare is actually being applied in modern animal protection laws and regulations, one that proceeds from a premise that present uses of animals are legally, ethically, and morally appropriate. It is only in the future that the true implications of modern science may ever be translated into legal reality. | Article |
| A Review of Minding Animals: Awareness, Emotions, and Heart by Dr. Marc Bekoff | Michael Tobias | 9 Animal L. 323 (2003) |
This article contains a review of the book, Minding Animals: Awareness, Emotions, and Heart by Dr. Marc Bekoff. |
Article |
| A Review of Animal Rights: Current Debates and New Directions | Laura Ireland Moore | 11 Animal L. 311 (2005) |
In this article, Ms. Ireland Moore reviews the book, A Review of Animal Rights: Current Debates and Directions. |
Article |
| A Public Policy Toward the Management of Feral Cats | Shawn Gorman and Julie Levy | 2 Pierce L. Rev. 157 (June 2004) |
This paper examines the current wildlife laws, both federal and state, to determine what laws may apply to managing the feral cat population. It begins with a determination of how domestic cats are classified under these laws. Since many laws are vague, the intent of the legislatures is investigated to determine if domestic cats were meant to be defined as a non-indigenous species. The focus then shifts to indicate ways to control the feral domestic cat population. |
Article |
| A Proposal to Regulate Farm Animal Confinement in the United States and an Overview of Current and Proposed Laws on the Subject | Elizabeth R. Springsteen | 14 Drake J. Agric. L. 437 (2009) |
This article will outline the farm animal confinement laws that have passed, the ones that have been brought in front of various legislatures but not passed, and give examples of the ones pending in front of state legislatures across the country. It will then discuss how animal agriculture can inform the public on these issues so that a regulatory system may be adopted that considers the health and welfare of the animals, but also allows for flexibility due to changing scientific developments and accepted animal husbandry practices. |
Article |
| A night monkey's corpse after necropsy | Slideshow Images |