Animal Law Review, Volume 1 (1995)
TIME FOR A SHARPER LEGAL FOCUS
An introduction to the premiere issue of Animal Law.
FROM MICROBE TO MAN
U.S. Senator Mark O. Hatfield
This article discusses federal policy towards animal patenting, including the Senator's introduction of legislation to establish a National Ethics Advisory Board, and current issues in bioethics.
ANIMAL RIGHTS CAUSE GAINS CREDIBILITY
The author compares John Stuart Mill's social movement theory to the animal rights movement.
The first in a series of articles by the author whose overall purpose is to explain why legal rights need not be restricted to human beings and why a handful of rights that protect fundamental interests of human beings should also protect the fundamental interests of such nonhuman animals as chimpanzees and bonobos. The second article in this series traces the development of the common law as it concerns the relationships between human and nonhuman animals from its beginnings in the Mesopotamian "law code" of the third and second millennia, B.C. until today.
THE FOREST SERVICE'S BAIT AND SWITCH: A CASE STUDY ON BEAR BAITING AND THE SERVICE'S STRUGGLE TO ADOPT A REASONED POLICY ON A CONTROVERSIAL HUNTING PRACTICE WITHIN THE NATIONAL FORESTS
Eric Glitzenstein and John Fritschiet
After describing the practice and effects of bear baiting, the article recounts the USFS's reluctant and haphazard attempts to develop a national policy on bear baiting, and the resulting legal challenges. The authors examine the scope of USFS authority to regulate human activities in the national forests, particularly with regard to actions impacting wildlife, then analyze the USFS's recent proposed "national policy" on bear baiting. Finally, the authors will explain why the USFS should apply the same management principles and standards to controversial 'hunting" practices, such as bear baiting, as it does to other uses of the nation's forests which have environmental impacts and interfere with the use and enjoyment of the forests by other users.
A critique of the Supreme Court's controversial Lukumi case which upheld religious sacrifice of animals.
THE PET THEFT ACT: CONGRESSIONAL INTENT PLOWED UNDER BY THE UNITED STATES DEPARTMENT OF AGRICULTURE
Nancy Goldberg Wilks
The author argues that, in promulgating regulations under the Pet Theft Act, the United States Department of Agriculture erred in its interpretation of the law and misapplied basic rules of statutory construction. The article examines some of the confusions that have arisen in the pound seizure dispute due to the new amendments and regulations.
HONORABLE DISCHARGE : PAWS V. DEPARTMENT OF THE NAVY
Case analysis and argument that the Washington district court's NEPA analysis could lead to heightened protection for animals.
FEDERAL ANIMAL PROTECTION STATUTES
This report contains brief summaries of federal animal protection statutes, from the African Elephant Conservation Act to the Wild Free-Roaming Horses and Burros Act. While not including treaties, it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute's purposes is to protect domestic and "game" animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes' benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates. Among recent statutes included in the report are the 1992 and 1994 amendments to the Marine Mammal Protection Act of 1972, section 404C of the Public Health Service Act, the 1994 amendments to the TwentyEight Hour Law, and the Wild Bird Conservation Act of 1992.