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Title Authorsort descending Citation Summary Type
LIVE FREE OR DIE: ON THEIR OWN TERMS: BRINGING ANIMAL-RIGHTS PHILOSOPHY DOWN TO EARTH BY LEE HALL Joel Marks 17 Animal L. 243 (2010)

This book review examines Lee Hall’s new book, which presents an innovative animal rights theory: wild animals, due to their autonomous nature, are endowed with rights, but domesticated animals lack rights because they are not autonomous. With that theory in mind, Hall outlines ideas about how humans are obligated to treat both wild and domestic animals. Hall first argues that the rights of wild animals require that humans let them alone. Yet, despite the fact that domestic animals lack rights under Hall’s theory, Hall argues that humans are required to care for them because it is humans who brought them into existence. While the reviewer believes that Hall’s theory is indeed innovative and appealing, he ultimately concludes that it cannot explain why domestic animals completely lack rights and that the implications of the theory for how they are to be treated are unsatisfactory.

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THE KITTLES CASE AND ITS AFTERMATH Joshua Marquis 2 Animal L. 197 (1996) This article was adapted from remarks from Joshua Marquis at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals. Article
Exotic Pets Update (2013) Drouet Martha

Brief Summary of Exotic Pets Laws
Martha Drouet (2014)

Topical Introduction
The Price of Fame: CITES Regulation and Efforts Towards International Protection of the Great White Shark Julie B. Martin 39 Geo. Wash. Int'l L. Rev. 199 (2007)

After several failed attempts, the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) passed a proposal in October of 2004 to increase trade restrictions on the Great White Shark (white shark), also known as carcharodon carcharias, by placing it on Appendix II of its list of protected species. Trade in Appendix II species is restricted by the requirement that states parties issue export permits for all specimens or parts of specimens on the list. The adoption of this proposal is controversial among CITES member nations because of high market demands for white shark products. Although research on white sharks is limited due in part to the elusive nature of the species, all available research indicates that the population of white sharks is decreasing; in some areas the decline is in large, possibly unsustainable, numbers. This population decrease is particularly alarming because market demand remains a powerful motivation for continued depletion.

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RECONCILING THE MIGRATORY BIRD TREATY ACT WITH EXPANDING WIND ENERGY TO KEEP BIG WHEELS TURNING AND ENDANGERED BIRDS FLYING Robert J. Martin & Rob Ballard 20 Animal L. 145 (2013) The Migratory Bird Treaty Act (MBTA) has proven invaluable in minimizing the destruction of the 240 avian species listed by its enforcement agency, the United States Fish and Wildlife Service (FWS), as “endangered or threatened” or “birds of conservation concern.” Recently, however, the Act is faced with a new challenge: How can it continue to achieve its objective when a highly desirable domestic source of sustainable energy—wind power—is experiencing unprecedented growth? Ever-larger wind projects propelled by giant turbines have become a serious danger to the existence of migratory birds and their natural habitats. Yet most policy makers strongly welcome and support continued expansion of wind power, and are reluctant to permit impediments to halt or restrict its growth. The growing conflict between the goals of protecting migratory birds and producing more wind power should be reconciled. This Article proposes three basic policy revisions: (1) authorization for the FWS to issue incidental take permits to wind power developers; (2) creation of a uniform standard for assessing avian impacts; and (3) amendment of the MBTA to allow for civil sanctions and citizen suits. Although “big wheels in the sky” must keep on turning and expanding to help reduce America’s dependence on fossil fuels and foreign energy sources, this worthy objective must be pursued without weakening federal protection of migratory birds. Article
The Animal Question: The Key to Coming to Terms with Nature Jim Mason 13 Animal Law 197 (2007)

In this Introduction to Volume 13, Part 2 of Animal Law, the author considers the "Animal Question" - the shorthand term "for all of those difficult questions about our views of, and relations with,nonhuman animals."

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Natural Behavior Jeffrey Moussaieff Masson 16 Animal L. 1 (2009)

This introduction to Volume 16 is provided by Jeffrey Moussaieff Masson, author of such book as When Elephants Weep, and The Pig Who Sang. to the Moon.

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Don't Feed the Animals: Queso's Law and How the Texas Legislature Abandoned Stray Animals, A Comment on H.B. 2328 and the New Tex. Penal Code § 42.092 Jeremy Masten 60 Baylor L. Rev. 964 (Fall 2008)

This Comment considers Queso's Law, its amendments to section 42.092 of the Texas Penal Code, and the impact of those amendments on animal cruelty law in Texas. Part II discusses the historical background of animal cruelty laws both in Texas, prior to the 80th Legislature, and elsewhere. Part III discusses animal cruelty law in the wake of Queso's Law, including the elements of the offense as well as constitutional and policy concerns. Part IV proposes a solution to the concerns raised by Queso's Law. Finally, the Comment concludes that the expanded definition of animal created by Queso's Law is too broad and that slightly re-wording the definition to create a “custody carve-out” would better protect the interests of feral animals.

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Regulating the Military's Survival Skills Training Under the Animal Welfare Act Salma Mavany 29 BCEALR 45 (2001)

The United States Military tortuously kills farm animals when teaching soldiers survival skills. Presently, there is no law that specifically protects these farm animals. This Note analyzes whether the Military's animal cruelty can be regulated under the Animal Welfare Act (AWA).

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Responsibility in the "Sport of Kings": Imposing an Affirmative Duty of Care on the Primary Financial Beneficiaries of the Thoroughbred Horseracing Industry Caroline L. Mayberger 4 Stan. J. Animal L. & Pol'y 64 (2011) Horseracing industry participants must be held accountable for the wellbeing of retired racehorses. In Part I of this article, I explore the historic role of the horse in American society, and explain how “unwanted horses” become neglected, abused, abandoned, or shipped across U.S. borders to be slaughtered. In Part II, I address the unique susceptibility of thoroughbred racehorses to becoming unwanted horses, and how the wealth and glamour associated with horseracing serves to mask the problem. In Part III, I outline the legislation pertaining to horseracing, arguing that it does not adequately ensure the welfare of ex-racehorses. In Part IV, I explain that the burden for caring for these horses falls to under-funded private horse Rescue/Adoption/Retraining facilities (hereinafter “RAR facilities”). In Parts V and VI, I employ a loss-spreading rationale and the reasoning behind the “special relationship” doctrine, contending that the cost of providing adequate funds to RAR facilities should be imposed on the Primary Financial Beneficiaries (hereinafter “PFBs”) of the horseracing industry. In Part VII, I argue that this financial burden should be placed on PFBs in the form of “Participation Fees” proportional to the PFB’s level of investment in the industry. In Part VIII, I contend that this mandate could be carried out by either private state racing associations, the National Thoroughbred Racing Association, state governments, or the federal government. In Part IX, I further explore the logistics of implementing such a scheme. Article

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