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Displaying 6081 - 6090 of 6592
Title Authorsort descending Citation Summary Type
FEEDLOTS—RURAL AMERICA’S SEWER Marilyn Lee Nardo 6 Animal L. 83 (2000) Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act and proposes that new regulations and stricter enforcement of the current NPDES program are necessary to protect public and environmental health from manure contamination. Article
". . . und die tiere" Constitutional Protection for Germany's Animals Kate M. Nattrass 10 Animal L. 283 (2004) In the summer of 2002, Germany welcomed animals into the folds of constitutional protection. With the addition of the words “and the animals,” Germany became the first country in the European Union (“E.U.”), and the second on the European continent, to guarantee the highest level of federal legal protection to its nonhuman animals. Though a welcomed development in the eyes of most Germans, this groundbreaking event received very little attention on the world stage. Common misconceptions about the ramifications of the constitutional amendment resulted in limited to no accurate representation in worldwide media. Likewise, international policymakers and animal protectionists have shown little awareness of this development and its potential implications. In addition to possible legal effects, the social implications of such an occurrence in a major western country are vast. International leaders will certainly take note as the effects of this change begin to take place in Germany’s laws and, increasingly, in its international policies. More importantly, the global animal protection community should take note of what is possible, and what can be learned from the achievements of Germany’s animal protection community. This study traces the legal and social developments leading to Germany’s constitutional amendment which provides protection to animals, showing how this legal highpoint was achieved. Multiple sources are used, including congressional, judicial, and party doc uments, press releases, international media reports, personal communication with leaders in four major German animal protection organizations, interviews with a key Ministry official, and published materials. This study will also critically assess the claims of the animal protection and opposition communities in order to predict where German animal law is going and what effects this change will have on the treatment of animals both within Germany and internationally. Concluding thoughts will address how the international animal protection community can understand this legal victory in a constructive context. Article
What About The Polar Bears? The Future of The Polar Bears as Predicted by a Survey of Success Under The Endangered Species Act Laura Navarro 19 Vill. Envtl. L.J. 169 (2008)

The proposed listing of polar bears raises questions about what that listing might mean for the polar bears as a species, and how successful conservation efforts will or can be. This Comment explores these and other questions implicated by the proposed listing of polar bears as an endangered species under the Act.

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Keeping Bad Science Out of the Courtroom: Why Post-Daubert Courts Are Correct in Excluding Opinions Based on Animal Studies From Birth-Defects Cases Dije Ndreu 36 Golden Gate U. L. Rev. 459 (2006)

This Comment argues that courts should keep animal studies out of the courtroom in birth-defects toxic-torts cases. Part I sets forth the evidentiary standards used to determine the admissibility of evidence and then presents background information on birth defects and how they are studied. It also discusses the problems inherent with animal tests and the contrasting value of human data. Part II explores the admissibility of animal studies in post-Daubert birth-defects cases and argues that exclusion is warranted. Part II then urges redirection of resources to human studies and promising alternatives to animal tests, and it discusses the impact of excluding expert opinions based on animal tests from court cases. Part III concludes by summarizing the case against admission of animal studies and the positives that would result from exclusion.

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Is the Law of Acquisition of Property by Find Going to the Dogs? Eric W. Neilsen 15 T.M. Cooley L. Rev. 479 (1998)

This Comment attempts to resolve the considerable confusion in the law of acquisition by find of property as it relates to companion animals. First, the development of the theories of the common law and legislative solutions to lost and estray property will be examined to provide a legal foundation for analysis of lost property and animals. Then, the focus will turn to the public policy arguments that courts across the country are relying on in their decisions as new common law is made in judicial resolutions of the competing issues. Finally, the Author provides a reasonable solution in light of legislative and judicial action.

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The Laws Concerning Game (1753) William Nelson The Laws Concerning Game (1753)

This is nice summary of the history of English Game Law from 1066 - 1700's. The following is the introduction from the book.

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THE CONNECTION BETWEEN ANIMAL ABUSE AND FAMILY VIOLENCE: A SELECTED ANNOTATED BIBLIOGRAPHY Sharon L. Nelson 17 Animal L. 369 (2011) This Selected Annotated Bibliography assembles legal and social literature that examines the link between domestic violence and animal abuse. Drawing from an ever-growing body of written works dedicated to the issue, the Bibliography presents the works that are most informative and useful to the legal community. These include case studies, current and proposed legislation, and social services guides that address the occurrence of and response to the animal cruelty-family violence correlation. In doing so, the Bibliography creates a resource that will prove helpful to a variety of legal practitioners, law makers, and professionals within the criminal justice system, and will serve as a tool to promote further understanding of the patterns of abuse that often concurrently victimize both humans and animals. Article
Redefining The Modern Circus: A Comparative Look At The Regulations Governing Circus Animal Treatment And America's Neglect Of Circus Animal Welfare Jacqueline Neumann 36 Whittier L. Rev. 167 First, this article explains how animals have entertained people for centuries. Next, the article addresses how animals are treated in the modern circus industry. Then, this article discusses the laws governing the circus industry both in the United States and in other countries. Lastly, this article explains where the animals may retire if the circus industry is prohibited from holding animals captive. Article
THE UNIVERSAL DECLARATION OF ANIMAL RIGHTS OR THE CREATION OF A NEW EQUILIBRIUM BETWEEN SPECIES Jean-Marc Neumann 19 Animal L. 63 (2012) This Essay is a translation of the author’s original French text. It examines the Universal Declaration of Animal Rights of 1978, which lays out fundamental rights for animals in fourteen articles. This Essay explores the origins of and influences behind the original Declaration, as well as details the changes which were brought to it in a revised version in 1989. It then examines the scope of the Declaration and why it has not had the far-reaching implications its authors once hoped for. Finally, this Essay questions what the Declaration means for the future of animal rights and whether the document will have any lasting impact. Article
THE ENDANGERED SPECIES ACT V. THE UNITED STATES DEPARTMENT OF JUSTICE: HOW THE DEPARTMENT OF JUSTICE DERAILED CRIMINAL PROSECUTIONS UNDER THE ENDANGERED SPECIES Ed Newcomer, Marie Palladini & Leah Jones 17 Animal L. 171 (2011)

Historically, in prosecutions under the Endangered Species Act (ESA), to prove the element “knowingly” the government only had to prove that a defendant intentionally killed an animal that turned out to be endangered or threatened, not that the defendant knew the identity of the species or the endangered or threatened status of the animal when it was killed. Jury instructions to this effect were repeatedly upheld. Then, in a brief filed with the U.S. Supreme Court for McKittrick v. U.S., the federal government, unprompted, unnecessarily, and without explanation, said that it would not use this jury instruction in the future because the instruction did not properly explain “knowingly.” The U.S. Department of Justice subsequently issued a directive to its attorneys to that same effect. Now, there is a self-imposed rule in ESA prosecutions requiring prosecutors to prove that a defendant knew the animal was endangered or threatened at the time it was “taken” or killed. This Article discusses ways in which this change conflicts with the established law and its impact on ESA prosecutions.

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