Journal of Animal and Natural Resource Law, Vol. 15

Table of Contents

ARTICLES

The Evolution of Dogs: Why Keeping Dogs as “Pets” is Consistent with an Animal Rights Paradigm

Marion C. Burke....................................................................................1

Animal Rights scholar Gary L. Francione asserts that humans should bring about the extinction of dogs. Such a claim is at odds with the Animal Rights paradigm. Evidence exists suggesting dogs chose to be human companions and, with certain modifications to the relationship, dogs and humans can continue to coexist in a way that does not violate the Animal Rights perspective.

Passenger Pigeons: The De-Extinction and Reintroduction of a Bird

Taylor Waters.......................................................................................19

Right now, at the forefront of science and the law a group of researchers is attempting to bring back passenger pigeons, or rather a bird which would look like them and fill the ecological niche. This paper explores the scientific efforts to bring back passenger pigeons and legal difficulties to reintroducing an extinct wild animal. First it examines the bird and its extinction, then existing legal frameworks which can be more easily modified than crafting an entirely new legal framework, and lastly the efforts to bring back the passenger pigeon are explored.

What Airlines Won’t Tell You, What Animals Can’t Tell You: The Welfare and Legislation of Air Transport of Pets

Nianet Carrasquillo Mejias.................................................................39

The air transport of pets affects their welfare. This paper will focus on the transportation of companion animals in commercial airplanes and will use a welfare assessment known as the five freedoms to show how air transport compromises animals’ well-being. The cargo compartments in which most of our companion animals are transported do not provide appropriate conditions to ensure the animals’ safety. Despite the existence of laws governing the air transport of pets, weak regulations and poor enforcement of these regulations has had a negative impact on the welfare of animals during transport. Air carriers are rarely held accountable when animals are lost, injured, or even die. Most air carrier’s policies do not contribute to the better transport of pets, but instead aim to protect and benefit the airline exclusively. Meanwhile, the transport of pets represents a large profit incentive for the aviation industry, while it continues to provide the same type of accommodations for the transport of pets, regardless of harmful incidents occurring.

Greyhound Racing: An Analysis of State Laws and Regulation

Kaitlin Mee...........................................................................................85

Greyhound racing, the poor man’s sport. The track is a place for a class of men who do not have the resources to get involved in horse racing. A place where little knowledge is required to get involve with the sport. Greyhound racing has been a staple of American society since the early 1900s and provides both entertainment and economic stimulus to those who are invested in the sport. Perhaps because there is an economic component of greyhound racing industry, the industry became susceptible to abuses. The history of greyhound racing; abuses in the industry; and how the State of Florida 2018 ballot initiative, which eliminated the practice of greyhound racing are all relevant to the to the questions that this note asks. Whether or not the state by state approach to regulating greyhound racing is functional and as public policy shifts and racing is phased out, whether a complete ban or a phase-out approach in banning racing is best in terms of protecting the greyhounds. Lastly, Appendix 1 provides a fifty-state survey of greyhound racing laws.

Legal Protection of Animals in Isreal

Marine Lercier...................................................................................121

Israel’s legislatures have been strongly promoting animal welfare and animal rights in recent decades, as lawmakers have united in giving increased importance to animal cruelty and suffering at the Knesset, in a country where the number of vegans is growing impressively in line with Jewish religious and ethical values. The Supreme Court of Israel developed a three-stage test to determine whether an act is prohibited by the law, adopting a costs and benefits approach with regards to cases of alleged animal cruelty, which has prompted the ban of the force-feeding process used in the making of foie gras. However there remains room for improvement, as there is still no ban on the use of battery-cages for hens in Israel, nor of dehorning cattle without anesthesia. There are two main practices that must still be addressed as contributors to animal suffering; the shipments of live animals to be slaughtered in the Holy Land, and the ritual slaughter under kashrut. However, Government authorities are encouraging the abandonment of the practice of kaparot, with some cities having banned it already. Could the gap between animal welfare (implementation of animal welfare basic Jewish principles) and animal rights (putting an end to the slaughtering at all) be crossed with a cautious, selective and animal friendly interpretation of Jewish Laws historically putting human interests first, by trumping the speciesism that has been inherent to most religious interpretations? Vegan Orthodox, Conservative and Reform rabbis generate hope for such a change, in addition to increased secular viewpoints and democratic activism, helping the interests of non-human animal to override human greed nothing ever seems impossible in the land of milk and honey.

The De-Objectification of Animals in the Spanish Civil Code

Marita Giménez-Candela...................................................................145

The legal status of animals in the Spanish Civil Code is currently the subject to a process undertaken by the competent legislative bodies, aimed at changing their consideration to “living beings endowed with sensibility,” instead of as things, which is more common. This reform also includes corresponding changes in the Mortgage Law and the Civil Procedure Rules. This piece analyses the antecedents, context and reasoning behind this reform within the general context of the de-objectification of animals, as well as some of the principles that will facilitate an understanding of the outcomes of this reform.

Decarbonizing the Energy Sector

Rafael Leal-Arcas, Mariya Peykova, Victoria Nalule, Pinar Kara...............................................................173

The European Union (EU) is working on several key goals related to energy, including greater energy efficiency, greater use of renewable energy, and increased energy security across the EU. Decarbonization encompasses all of these goals, and different EU member states are at different stages when it comes to progress on decarbonization. This article examines progress in four EU countries (Bulgaria, Poland, France, and Finland) and identifies specific measures being taken in this regard. From promoting electric vehicles to deploying smart grids and smart meters, new projects and initiatives are underway. However, each country has its own particular set of barriers and opportunities when it comes to decarbonizing the energy sector, related to financing, regulation, technology, and other factors. The article examines these factors and also examines success factors and models for replication across the EU. Furthermore, it looks at the role of regulation and how it can be adapted to create conditions more conducive to effective and sustainable decarbonization.

2019 Animal and Natural Resource Law Case Review

Kelsey VanderMeer............................................................................272