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THE LIZARD, THE SCIENTIST, & THE LAWMAKER: AN ANALYSIS OF THE TRENDING FIGHT OVER THE USE OF SCIENCE UNDER THE ENDANGERED SPECIES ACT AND HOW TO ADDRESS IT Brie D. Sherwin 20 Animal L. 357 (2014) Recently in Texas, the dunes sagebrush lizard—a tiny, little-known reptile living in the sparse brush and dunes of the oil and gas fields—sparked a heated discussion and criticism over the listing process under the Endangered Species Act (ESA). This six-year battle ended with the withdrawal of a proposed rule to list the lizard and resulted in numerous criticisms about the role and use of scientific data throughout the process. Under the ESA, the United States Fish & Wildlife Service (FWS) is required to consider the best available scientific data when deciding whether to list a species. However, there is no direct legislative history explaining this standard. Because existing scientific data on “stressors” in the environment is typically limited and inadequate, this data gap leads to uncertainty, which unquestionably leads to difficult decision making by the regulatory agencies. Although a review of past listing designations confirms that FWS is not only utilizing sound science, but more often than not, is making sound decisions based on that science, many policy makers are still criticizing the use of science in decision-making processes and are pitting science against economics. This Article advocates for a more systematic, transparent application of science in the decision-making process: a well-defined “weight of evidence” approach that will foster structured deliberations, hypothesis testing, and the necessary clarity and transparency that will benefit all parties involved. Article
Cujo Goes to College: On the Use of Animals by Individuals with Disabilities in Postsecondary Institutions Dawinder S. Sidhu 38 U. Balt. L. Rev. 267 (Winter, 2009)

This Article examines the extent to which animals may be used by individuals with disabilities in a particular setting--postsecondary institutions. Part I of this Article provides an introduction to Section 504, Title II, and Title III. It also summarizes the OCR guidance, which adopts the Title III service animal standards for Title II and Section 504 purposes. Part II analyzes the text and purpose of Title II and Section 504, as well as the practical realities associated with the postsecondary setting, and argues that all animals, not just the service animals of Title III, may be permissibly used by individuals with disabilities under Title II and Section 504.

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Non-Violence and the Animal Rights Movement Jerry Simonelli Animal Legal & Historical Center

The article explores the history of the non-violent protest movement starting with Gandhi and Dr. King and brings the issue into the present animal rights movement.

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Does Every Dog Really Have Its Day?: A Closer Look at the Inequity of Iowa's Breed-Specific Legislation Olivia Slater 66 Drake L. Rev. 975 (2018) Breed-specific laws are well intentioned, but the fear and urgency driving their enactment has led to questionable craftsmanship by lawmaking bodies. These quick-fix statutes and ordinances have resulted in a variety of unintended negative side effects that far outweigh the laws’ utilities, yet these discriminatory and ineffective laws remain in place in the municipal codes of numerous Iowa communities. This Note proposes a reform to Iowa’s existing breed-specific legislation which would eliminate the inequalities of the current laws and preserve the power of municipalities to remedy public safety concerns. Article
Horse Laws Craig M. Smith

Brief Summary of Horse Laws
Craig M. Smith (2009)

Topical Introduction
Detailed Discussion of Horse Related Legal Issues Craig M Smith Animal Legal & Historical Center

This detailed discussion provides an overview of horse related legal issues, focusing primarily on horse slaughter, wild horses, and horse cruelty.

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Overview of Horse Laws Craig M Smith Animal Legal & Historical Center

This college level paper provides a general overview of horse law. Included is a discussion of anti-slaughtering laws, cruelty laws, and the federal Wild Horse and Burros Act.

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Brief Summary of Horse Laws Craig M Smith Animal Legal & Historical Center

This article provides a basic introduction to the various laws that deal with horses.

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BULLHOOKS AND THE LAW: IS PAIN AND SUFFERING THE ELEPHANT IN THE ROOM? Trevor J. Smith 19 Animal L. 423 (2013) In the United States, violent use of “bullhooks”—sharpened, steel-tipped rods—on captive elephants at carnivals, circuses, and zoos is all too routine. Yet animal-welfare advocates struggle to protect elephants from the (mis)use of bullhooks under the current regulatory regime. At the federal level, advocates cannot consistently rely on either the Animal Welfare Act or the Endangered Species Act, due to these statutes’ narrow provisions, standing limitations, and inconsistent enforcement. State animal-protection laws are equally deficient, as only two states have defined suffering and abuse clearly enough in their statutes to enable effective prosecution of elephant mistreatment, and plaintiffs in even these states frequently fail for lack of standing. Ultimately, the most effective solution to the problem of bullhooks may lie with local lawmaking authorities. Many counties and municipalities have begun to protect captive elephants by enacting ordinances that expressly ban these devices within their jurisdictions. These local laws, which are growing increasingly popular, could offer the most effective protections against elephant abuse to date. Article
At a Complex Crossroads: Animal Law in Indian Country Rob Roy Smith 14 Animal Law 109 (2007)

This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a brief survey of the legal issues found at the intersection between Indian law and animal law, including both domestic animal issues and fish and wildlife issues. The article presents a working understanding of animal advocacy in Indian Country today and concludes that Indian Country may provide a valuable opportunity to craft model animal protection schemes.

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