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Title Authorsort descending Citation Summary Type
2007–-2008 Legislative Review Nancy R. Hoffman & Robin C. McGinnis 15 Animal L. 265 (2008)

This document provides a link to Animal Law's 2007-2008 Legislative Review.

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THE SPIRIT OF THE BUFFALO: THE PAST AND FUTURE OF AN AMERICAN PLAINS ICON William Holland 21 Animal L. 151 (2014) Though bison are iconically associated with the United States, their historical fortunes have often been opposite those of the U.S. As the nation expanded westward, government policy, demand for bison products, and changing land use perilously reduced bison numbers. Efforts to restore bison have been complicated by overlapping legal concerns: state, federal, tribal, and constitutional. This Article examines the legal context surrounding bison restoration, focusing particularly on the critical herd connected with Yellowstone National Park. Former members of the Yellowstone herd, in turn, are the subjects of the Montana Supreme Court’s 2013 ruling in Citizens for Balanced Use v. Maurier, which this Article examines closely, arguing it will significantly improve the legal landscape in which Native American bison restoration efforts function. Finally, this Article ends on a hopeful note: suggesting that federal and tribal efforts, combined with economic and environmental interests may presage the resurgence of bison herds. Article
An Analysis of Factors Responsible for the Decline of the U.S. Horse Industry: Why Horse Slaughter is not the Solution John Holland and Laura Allen Kentucky Journal of Equine, Agriculture, & Natural Resources Law: Vol. 5 : Iss. 2 , Article 4. Available at: https://uknowledge.uky.edu/kjeanrl/vol5/iss2/4

Copyright © 2013 by Kentucky Journal of Equine, Agriculture, & Natural Resources Law; John Holland and Laura Allen. Reprinted with permission.

Article
In Arkansas Which Comes First, the Chicken or the Environment? John T. Hollerman 6 Tul. Envtl. L.J. 21 (1992)

This article looks at the effect of Arkansas' extensive poultry industry, which operates without regulation, on the environment, wildlife, fish and water quality.

Article
Finding the Balance: The Environmental Policies of a State's Department of Natural Resources or Department of Game and Fish Dan Holwerda Animal Legal & Historical Center

This discussion explores the apparent conflict of interests between pro-hunting and anti-hunting advocates in the management of state natural resources by state agencies. Section one describes the history of the Pittman-Robertson Act and its effects on how States implement their environmental policies. Section two describes how it appears that each State’s Department of Natural Resources or Department of Game and Fish caters only to the hunter in designating and implementing its environmental policies. Section three discusses the “intelligible principle” and its application in all the above-mentioned states. Specifically, the section will discuss how some anti-hunting organizations and other environmental organizations, which may or may not be anti-hunting, attempt to show that a state legislature has unconstitutionally delegated its authority to its Department of Natural Resources or Department of Game and Fish in order to show that the current system of determining and implementing state environmental policies is null and void. Finally, section four describes how the environmental policy interest of hunters is really the same as other (non-hunting) pro-environment/natural resource groups.

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CONTRADICTIONS WILL OUT: ANIMAL RIGHTS VS. ANIMAL SACRIFICE IN THE SUPREME COURT Henry Mark Holzer 1 Animal L. 83 (1995) A professor of law at Brooklyn Law School explains why, in the controversial Lukumi case, the Supreme Court ruled that the religious sacrifice of animals falls under the protective umbrella of the Free Exercise Clause. The author criticizes the court for abandoning the belief-action dichotomy in Free Exercise jurisprudence and places blame on the lack of protection given to animals by current laws. Article
Animal Rights Law Reporter Henry Mark Holzer (Editor) Animal Rights Law Reporter The Animal Rights Law Reporter was published from 1980 - 1983 by the Society for Animal Rights, Inc. The Reporter was edited by Professor Henry Mark Holzer. Each issue begins with a segment entitled, "In the Courts," which outlines significant court cases involving animals. The issues also contain sections for "In the Legislatures," where recent animal-related legislation is discussed. "In the Legal Literature" gives updates on pertinent law reviews in the field. Finally, the Reporter provides a quarterly "Bulletin Board," "Available Resources," and "Editor's Comment" from Professor Holzer. Article
Let's Not Spit The Bit In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing Joan S. Howland 14 Marq. Sports L. Rev. 473 (2004)

My intention in this article is to discuss the historical antecedents of horse racing and the development of this sport in the United States since the Colonial Era. In order to do this, it is necessary to start from horse racing's beginnings. This historical tour will demonstrate that horse racing and its associated legal norms are much older and well established than many legal doctrines from more well known, but comparatively younger, legal subjects. Through this discussion I will demonstrate how the evolution of the law of Thoroughbred racing reflects the changing nature of American legal and social norms.

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Permitting Pluralism: The Seal Products Dispute And Why The WTO Should Accept Trade Restrictions Justified By Nonintsrumental Mo Robert Howse and Joanna Langille 37 Yale J. Int'l L. 367 (2012)

In response to the 2009 European Union (EU) ban on the import and export of most products made from seals, Canada and Norway, as large producers of seal products, have initiated proceedings against the EU for violating World Trade Organization (WTO) law. The authors of this law review, Robert Howse and Joanna Langille, promote the EU’s position and argue that animal welfare has long been a genuine motivation for legislation. More specifically, the authors of this law review argue that expressions of a community’s moral and spiritual belief are a legitimate basis for trade restriction.

Article
The Public and Wildlife Trust Doctrones and the Untold Story of the Lucas Remand Blake Hudson 34 Colum. J. Envtl. L. 99 (2009)

This article seeks to address more thoroughly how the historical “old maxims” of the public and wildlife trust doctrines can be used as Lucas background principles of property law to overcome takings challenges brought against state and federal environmental regulations. First, the historical underpinnings of the public trust doctrine and the wildlife trust doctrine prior to the founding of the nation are described. The Illinois Central Railroad v. Illinois and Geer v. Connecticut, which are the key Supreme Court cases establishing the validity of these doctrines in the United States are summarized. The author asserts that the doctrines may be interchangeably applied as a means of protecting important environmental resources. The author illustrates how the use of these doctrines might have changed the ultimate outcome of the Lucas case.

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