|
TThe Game is Afoot: Constitutionalizing the Right to Hunt and Fish in the Tennessee Constitution |
This article explores the constitutionalization of hunting and fishing rights and, considered within that context, the role of state constitutions. It begins by tracing hunting and fishing rights through western legal history with a special emphasis on ancient Rome, England, and the American colonies. Next, it directs attention to the existing status of hunting and fishing rights under the federal and state constitutions, including the dramatic surge in the constitutionalization of hunting and fishing rights since the mid-1990s and the reason for this surge. The article then explores the legal effect of these state constitutional hunting and fishing rights provisions and addresses the likely legal impact of Tennessee's proposed hunting and fishing rights amendment. The article concludes by considering whether this type of right is appropriate for enshrinement in a state constitution. In doing so, it explores the role of a state constitution in the modern federal system.
|
|
Trophy Hunting Contracts: Unenforceable for Reasons of Public Policy |
Contracts that are considered “unsavory,” “undesirable,” “at war with the interests of society,” or “in conflict with the morals of the time” may be declared unenforceable for reasons of public policy regardless of whether or not any underlying legislation provides that the contractual conduct is illegal. Allowing wealthy individuals to kill some of the very last few specimens of rare species has become so distasteful to so many members of the general public that the time has come for courts to declare such contracts unenforceable for reasons of public policy. This Article demonstrates how this may be accomplished. The Article also examines the wildlife-protective capabilities of the public trust doctrine and the closely related state ownership of wildlife doctrine. These doctrines add further weight to the contractual argument, but also operate as stand-alone protective doctrines in lawsuits against government entities. To be able to present any of these arguments to a court of law, standing is a hurdle, but one that can be overcome. This Article highlights how this might be done. |
|
TRACKING THE ADC: RANCHERS' BOON, TAXPAYERS' BURDEN, WILDLIFE'S BANE |
|
|
TN - Wildlife - Part 2. Wildlife Regulation and Protection |
These Tennessee statutes make it unlawful to barter, sell, transfer, or to purchase any wildlife without a hunting or fishing license. The unlawful importation, possession, or sale of skunks or red foxes is a Class C misdemeanor. The statutes also impose requirements on transport and storage of other wildlife. |
|
TN - Initiative - Tennessee Hunting Rights Amendment (2010) |
The proposed amendment on the 2010 ballot provides for the personal right to hunt and fish subject to state laws, regulations, and existing property rights. The measure also states that "traditional manners and means" may be used to take non-threatened species. It passed with an overwhelming majority of the vote. |
|
TN - Hunting, Internet - Part 5. Computer-Assisted Hunting from Remote Locations |
This set of Tennessee laws prohibits computer-assisted remote hunting or providing or operating facilities for computer-assisted remote hunting if the wildlife being hunted is located in this state. Computer-assisted remote hunting is defined as "the use of a computer or any other device, equipment or software, to control remotely the aiming and discharge of a rifle, shotgun, handgun, bow and arrow, cross-bow or any other implement to hunt wildlife." |
|
TN - Hunting - Part 3. Hunter Protection Act. |
This section represents Tennessee's "Hunter Protection Act." The law makes it a Class C misdemeanor to interfere with the lawful taking of a wild animal by another with the intent to prevent the taking; disturb or engage in an activity that will tend to disturb a wild animal, with the intent to prevent the lawful taking; disturb a person engaged in lawful hunting with the intent to prevent the taking; enter or remain on land with intent to violate this section; fail to obey a peace officer's orders to desist from conduct in violation of this section; or use a drone with the intent to conduct video surveillance of private citizens who are lawfully hunting or fishing without obtaining the written consent of the persons being surveilled. A person affected by conduct in violation of this section may seek an injunction or recover damages, including punitive damages. |
|
Throwing Caution to the Wind: The Global Bear Parts Trade |
A discussion of the scope of the bear parts trade around the world, and threats to bears caused by the demand for their gallbladders for use in traditional Chinese medicine. Discusses the failure of both international and domestic law to accurately address the problem, and the need for additional legislation.
|
|
The South African Predator Breeders Association v. The Minister of Environmental Affairs and Tourism |
|
|
THE OREGON BEAR AND COUGAR INITIATIVE: A LOOK AT THE INITIATIVE PROCESS |
|
