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Title Authorsort descending Citation Summary Type
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
Endangered Species Act Listing Dirk Kempthorne This press release announces listing polar bears as a threatened species under the Endangered Species Act. 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
2002 Legislative Review Emilie Keturakis 9 Animal L. 331 (2003)

This article provides an overview of animal-related legislation from 2002.

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For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century Ranee Khooshie Lal Panjabi 43 Ga. J. Int'l & Comp. L. 1 This article looks at international wildlife poaching in the 21st century. Article
Dog Meat in Korea: A Socio-Legal Challenge Rakhyun E. Kim 14 Animal Law 201 (2007)

This article explores the dog meat debate in Korea from a socio-legal perspective. It first examines the legal status of dogs and dog meat, and the legal protection for dogs under the old and new legislative frameworks. It then discusses socio-legal challenges to banning dog meat in the Korean context, employing examples of both legal approaches taken by other countries and the politics of dog meat in Korea, specifically. The article argues that the controversy over dog meat must be reframed and dog meat be socially redefined in order to protect dogs, which are currently caught in the conflict over their socio-legal status as companion and livestock animals.

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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.

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Animal mourning. Précis of How animals grieve (King 2013) Barbara J. King Animal Sentience 2016.004 Abstract When an animal dies, that individual’s mate, relatives, or friends may express grief. Changes in the survivor’s patterns of social behavior, eating, sleeping, and/or of expression of affect are the key criteria for defining grief. Based on this understanding of grief, it is not only big-brained mammals like elephants, apes, and cetaceans who can be said to mourn, but also a wide variety of other animals, including domestic companions like cats, dogs, and rabbits; horses and farm animals; and some birds. With keen attention placed on seeking where grief is found to occur and where it is absent in wild and captive animal populations, scientists and others interested in animal emotion and animal minds can build up a database that answers questions about patterns of grief in the animal kingdom. The expression of grief is expected to be highly variable in individuals within populations, based on an animal’s ontogeny, personality, and relationship to the deceased. Human grief may be unique in our species’ ability to anticipate death and to consider its meaning across time and space, and yet such hypothesized species-specific features do not imply a more profound emotional experience in humans compared to other animals. This new knowledge of the depth of animals’ capacity for grief invites novel exploration of animal-welfare issues including the use of animals in factory farming, entertainment, and biomedicine. Article
Detailed Discussion of Animal Euthanasia Alexandra Kleinfeldt Animal Legal & Historical Center. This paper addresses animal euthanasia and its position with state legislatures. It examines the reasons of different groups requesting animal euthanasia, highlights state laws addressing different euthanasia methods and who may perform euthanasia, and includes a survey of state law approaches. The paper concludes with an examination of the legal and ethical issues involved with animal euthanasia such as veterinarians’ and animal shelter employees’, the emerging trend of in-home euthanasia, provisions in one’s last will and a comparison between animal cruelty and animal euthanasia. Article
Overview of Animal Euthanasia Alexandra Kleinfeldt Animal Legal & Historical Center. This article offers an overview of euthanasia of animals. It offers explanations behind the reasons for animal euthanasia, discusses different euthanasia methods that are permitted, and list persons who may perform euthanasia. The article also refers ethical and moral dilemmas associated with animal euthanasia requests as well as to state laws dealing with animal euthanasia. Article

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