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Titlesort ascending Author Citation Alternate Citation Summary Type
Biological Information on the Bald Eagle Jody Gustitus Millar 64 FR 36453 (July 6, 1999)

This article provides a short summary of the bald eagle's (Haliaeetus leucocephals) pertinent biological information. Included in this summary are the facts about the eagle's breeding behavior, habitat, diet, and geographic range in the United States.

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Biological Information on the Asiatic Black Bear Laura E. Tsai Animal Legal and Historical Center

Information on the physical characteristics, habitat, temperament, and mating and feeding patterns of the Asiatic black bear.

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Biological Information for the Whale Angela Lang Animal Legal and Historical Center

This summary provides a brief examination of the biology of whales, including habitat, reproductive cycles, and feeding.

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BIOLOGICAL CONTINUITY AND GREAT APE RIGHTS Mark A. Krause 2 Animal L. 171 (1996) This article was adapted from remarks from Mark A. Krause 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
BIOETHICS AND ANIMAL EXPERIMENTATION Arthur B. LaFrance 2 Animal L. 157 (1996) This article was adapted from remarks from Arthur B. LaFrance 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
Biodiversity, Species Protection, and Animal Welfare Under International Law Guillaume Futhazar MPIL Research Paper Series No. 2018-22 The purpose of this analysis is to explore the influence of the concept of animal welfare on international biodiversity law. A close examination of the recent evolution of this branch of international law shows that animal welfare has an ambivalent place in biodiversity-related agreements. Indeed, while welfare is only a faint consideration in the development of international regimes dealing with biodiversity as a whole, the concept has become an essential element for agreements dealing with the conservation of specific endangered species. Despite its role in these agreements, the place of animal welfare in international biodiversity law highlights that this corpus of rules is currently insufficient to be an effective tool for the protection of wildlife welfare. The last section of this study suggests that the adoption of international rules aiming at ensuring the protection of wild animals’ welfare could serve the double purpose of strengthening the conservation purpose of biodiversity regimes while also filling the welfare gap of international biodiversity law. Article
Big Cats of Serenity Springs, Inc. v. Vilsack --- F.Supp.3d ----, 2015 WL 1432069 (D. Colo. 2015) 2015 WL 1432069 (D. Colo. 2015) In an amended complaint, Plaintiffs asserted four claims against Defendants relating to a May 7, 2013 United States Department of Agriculture inspection of Big Cats of Serenity Springs, Inc. The claims included a Fourth Amendment right to be free from unreasonable searches and seizures; a 42 U.S.C. § 1983 claim against the Inspector Defendants “because they acted under color of state law when they induced the deputies to cut the chains and enter the premises;” a declaratory judgment “declaring that [Defendant] Thompson inappropriately overrode the medical advice of [Plaintiff] Big Cats' veterinarians and declaring that, in the future, the USDA cannot force [Plaintiff] Sculac to choose between following the medical advice of his veterinarians and the mandates of a USDA inspector;” and a declaratory judgment that the USDA must follow its own regulations and that it cannot conduct a warrantless search of the Big Cats facility outside of ‘normal business hours' solely because an inspector ‘want [s] to’ or because an inspector subjectively ‘believe[s][it] necessary to determine the welfare status of the animals....' ” In addition to declaratory relief, Plaintiffs also sought compensatory and punitive damages, costs, expenses, and prejudgment interest. Defendants filed a motion to dismiss. US Magistrate Judge issued a recommendation that, to the extent the Motion argued that the declaratory judgment claims should be dismissed because Plaintiffs lack standing, the Motion be granted in part and denied in part and that the declaratory judgment claims asserted by Plaintiffs Nick Sculac, Julie Walker, and Jules Investment, Inc. be dismissed without prejudice. In all other aspects, the Magistrate recommended that the Motion be denied. A District Court judge approved and adopted these recommendations and denied defendant’s objections to the recommendations. Case
Big Cats of Serenity Springs, Inc. v. Rhodes 842 F.3d 1280 (D.C. Cir. 2016) 2016 WL 7187301

Plaintiff, Big Cats of Serenity Springs is a Colorado-based non-profit that provides housing, food, and veterinary care for exotic animals. The facility is regulated by the Defendant, United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS). Three APHIS inspectors accompanied by sheriff's deputies broke into the Big Cats facility to perform an unannounced inspection of two tiger cubs. But at the time the inspectors entered the facility, the cubs were at a veterinarian's office receiving treatment. Big Cats sued the APHIS inspectors for the unauthorized entry and asserted that the entry was an illegal search under the Fourth Amendment and sought declaratory judgment and compensatory and punitive damages. The United States District Court for the District of Colorado,  granted APHIS's motion to dismiss in part and denied in part. APHIS appealed. The Court of Appeals, held that: (1) Big Cats could assert a Bivens claim; (2) Big Cats adequately alleged that the inspectors violated their Fourth Amendment right to be free from unreasonable searches and seizures; and (3) Big Cats had clearly-established the constitutional right to be free of unreasonable searches or seizures, thus weighing against the inspectors' claim of qualified immunity; but (4) the inspectors did not act under the color of state law, as required for § 1983 liability. The Court of Appeals reasoned that Big Cats' complaint stated a claim for relief under Bivens because No APHIS inspector would reasonably have believed unauthorized forcible entry of the Big Cats facility was permissible. Also, the Court reasoned that when the agents cut the locks to conduct a non-emergency inspection without a warrant, the federal officials did not act under color of state law, and the district court erred in denying the government's motion to dismiss the § 1983 claim. Therefore, the Court of Appeals affirmed the district court's order denying the government's motion to dismiss the Bivens claim and reversed the trial court's order denying the government's motion to dismiss the § 1983 claim.

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Bhogaita v. Altamonte Heights Condominium Assn. 765 F.3d 1277 (11th Cir., 2014) 2014 WL 4215853 (11th Cir., 2014) Appellee Ajit Bhogaita, who suffers from post-traumatic stress disorder (PTSD), filed suit against Appellant Altamonte Heights Condominium Association, Inc. ("Association") for violating the disability provisions of the Federal and Florida Fair Housing Acts, 42 U.S.C. § 3604(f)(3)(b) (“FHA”) and the Florida Fair Housing Act, when it enforced its pet weight policy and demanded Bhogaita remove his emotional support dog from his condominium. The jury awarded Bhogaita $5,000 in damages, and the district court awarded Bhogaita more than $100,000 in attorneys' fees. This court affirmed that decision finding that there was evidence that the Association constructively denied appellee's requested accommodation. In fact, the court opined, "Neither Bhogaita's silence in the face of requests for information the Association already had nor his failure to provide information irrelevant to the Association's determination can support an inference that the Association's delay reflected an attempt at meaningful review." Case
BEYOND THE LAW: AGRIBUSINESS AND THE SYSTEMIC ABUSE OF ANIMALS RAISED FOR FOOD OR FOOD PRODUCTION David J. Wolfson 2 Animal L. 123 (1996) (pdf version) Animals raised for food or food production in the United States are, in large part, excluded from legal protection against cruelty. This article describes the minimal state and federal laws relating to such animals and documents numerous recent amendments to state anticruelty statutes that have placed the definition of cruelty to farm animals in the hands of the farming community. Mr. Wolfson argues that these amendments contradict the historical purpose of anticruelty statutes originally enacted to protect farm animals. The article also contrasts this regressive legal development with progressive European legislation. Finally, Mr. Wolfson outlines a path for reform. Article

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