Results
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| Banning Canned Hunts For The Greater Protection Of Animal Rights And Welfare And For the Preservation Of Hunters' Rights | Patrick Dykstra | Animal Legal & Historical Center |
This paper considers the issue of "canned hunts" and how the legal system deals with them. |
Article |
| Reparations as a Basis for the Makahs Right to Whale | Russell C. DCosta | 12 Animal L. 71 (2005) |
The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United Stated government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts by the federal government to compensate Native Americans for past wrongs. Next, an examination of the history and culture of the Makah tribe provides a greater understanding of the significance of whaling to the Makah. The essay then expounds on why permitting the tribe to engage in whaling is an acceptable form of reparations. Finally, arguments against the Makah’s whaling are also examined and critiqued. |
Article |
| EQUITY AS A PARADIGM FOR SUSTAINABILITY: EVOLVING THE PROCESS TOWARD INTERSPECIES EQUITY | Gwendellyn Io Earnshaw | 5 Animal L. 113 (1999) | The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent self-interests-as the embodiment and ultimate test of a truly sustainable system. By identifying the negative impacts of suppressing interspecies equity and citing examples of how to incorporate the sustainable ideal of interspecies equity, this article points the way toward a truly equity-based ethic of sustainability. | Article |
| OREGON DOG CONTROL LAWS AND DUE PROCESS: A CASE STUDY | Christopher C. Eck and Robert E. Bovett | 4 Animal L. 95 (1998) | Mr. Eck and Mr. Bovett examine the inequities and inconsistencies in Oregon dog control laws and due process concerns arising from them. The authors outline constitutional requirements that need to be enforced to ensure protection against unreasonable government actions in cases involving these laws. | Article |
| Privatizing the Patriot Act: The Criminalization of Environmental and Animal Protectionists as Terrorists | Ethan Carson Eddy | 22 Pace Envtl. L. Rev. 261 (Fall, 2005) |
This Article describes the model Animal and Ecological Terrorism Act its permutations currently pending in state legislatures, its proponents, and their motivations. It further explains the legal and rhetorical parallels between the Model Act and the USA Patriot Act. The Article predicts that courts will find the bills' constraints on speech to be undeniably content-based and without a sufficiently compelling state interest. In the end, the Article concludes by explaining how the bills exploit the USA Patriot Act's anti-terrorism rhetoric, and reveal a concerted corporate strategy to manipulate the term “terrorist” and capitalize on its potency, in an anticompetitive effort to secure protectionism from the adverse economic effects of criticism, protests, and boycotts. |
Article |
| Legal Trade in African Elephant Ivory: Buy Ivory to Save the Elephant? | Sam B. Edwards | 7 Animal L. 119 (2001) |
Mr. Edwards discusses the recent decision to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan under the Convention on International Trade in Endangered Species (CITES). In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls on the supply side in Africa and the demand side in Japan are insufficient to prevent poaching and the eventual decimation of the species. This one-time sale should act as a warning to prevent further sales without a significant revamping of the control mechanisms. |
Article |
| Ringling Brothers On Trial: Circus Elephants And The Endangered Species Act | Mark Eichelman | 16 Animal L. 153 (2009) |
In February 2009, the case of American Society for the Prevention of Cruelty to Animals, et al. v. Feld Entertainment, Inc. was heard in the United States District Court for the District of Columbia. This Article, written as the case went to trial, analyzes the standing, ESA, and take issues presented in this case and ultimately concludes that the district court should find that the plaintiffs do have standing, the ESA does apply to the captive Asian elephants, and FEI’s actions do constitute takings and should be enjoined. |
Article |
| Veterinary Medicine: External Pressures on an Insular Profession and How Those Pressures Threaten to Change Current Malpractice Jurisdiction | Gerald L. Eichinger | 67 Mont. L. Rev. 231 (Summer, 2006) |
This article discusses the recent attention focused on veterinary malpractice claims. The author suggests that changes in both state legislation allowing recovery of non-economic damages for companion animals as well as isolated litigation awards beyond market value for veterinary malpractice make it imperative for the veterinary profession to take a stance on the issue. |
Article |
| "SAVE THE WHALES" V. "SAVE THE MAKAH": THE MAKAH AND THE STRUGGLE FOR NATIVE WHALING | Richard Kirk Eichstaedt | 4 Animal L. 145 (1998) | In 1997, the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneuvering by all of the concerned parties. Mr. Eichstaedt examines the history of the Makah whaling rights from the Tribe’s treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Americans reasserting a centuries-old custom. | Article |
| LIBERATING ANIMAL LAW: BREAKING FREE FROM HUMAN-USE TYPOLOGIES | Jessica Eisen | 17 Animal L. 59 (2010) |
Animal protection laws have traditionally categorized animals according to the manner in which humans use them. Animals have been categorized as companion animals, animals used in medical testing, animals raised for slaughter, and wildlife, and the protection afforded to animals has been ostensibly commensurate to their use categorization. This Article focuses on two alternative strategies that provide legal protection for animals without relying on human use as their primary mode of categorization. First, the Article looks at protecting animals as a single category, in particular through the use of constitutional provisions. The Article then looks at a species-based model that seeks to extend some traditional “human rights” to Great Apes. Ultimately, the Article concludes that the species-based model provides a more effective alternative to the use-based model, since it provides an alternate means of categorization that shifts focus to the needs and capacities of animals. While generalized protection at the constitutional level may be rhetorically effective, it does not offer an alternative form of legal category that would allow for precision in legal rule-making. |
Article |