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  1. State v. Rabb: Dog Sniffs Close to Home

    Contributor(s):: Timothy C. Stone

    Sensory perception is an inextricable part of Fourth Amendment' jurisprudence. A policeman's sense of smell, for example, can create probable cause for a lawful search or seizure. A canine's sense of smell operates much like our own, except that its sensory...

  2. Bird-window collisions: a critical animal welfare and conservation issue

    Contributor(s):: Klem, D., Jr.

    Sheet glass and plastic in the form of clear and reflective windows are universally lethal to birds. Reasonable interpretation of available scientific evidence describes windows as a principal human-associated avian mortality factor that is an indiscriminant killer of common species as well as...

  3. Citizens, consumers and animals: what role do experts assign to public values in establishing animal welfare standards?

    Contributor(s):: Degeling, C., Johnson, J.

    The public can influence animal welfare law and regulation. However what constitutes 'the public' is not a straightforward matter. A variety of different publics have an interest in animal use and this has implications for the governance of animal welfare. This article presents an ethnographic...

  4. Factors affecting the human attribution of emotions toward animals

    Contributor(s):: Wilkins, A. M., McCrae, L. S., McBride, E. A.

    Attribution of emotions to animals can affect human-animal interactions and dictate animal welfare laws. However, little is known about the factors that influence these attributions. We investigated the effect of belief in animal mind, pet ownership, emotional intelligence, eating orientation,...

  5. Animal Protection Laws of Singapore and Malaysia

    Contributor(s):: Alivin W.L. SEE

    This article offers an overview and assessment of the laws relating to the protection of animals in Singapore and Malaysia. The focus is on identifying the interpretations of the statutory offences of cruelty that will best promote their objectives and effectiveness.

  6. The Evolution of the Endangered Species Act

    Contributor(s):: Jillian Gelb Sauchelli

    The Endangered Species Act is often considered to be one of the most farreaching, and patently assertive federal statutes ever to be implemented by Congress. In fact, at its passage, “the Endangered Species Act of 1973 represented the most comprehensive legislation for the...

  7. Strength from Weakness: How Legalizing Sport Hunting of Endangered Species Could Provide the Conservation Effort Its Greatest Weapon

    Contributor(s):: Patrick Tubridy Smith

    Famed author and philosopher Ralph Waldo Emerson once wrote “[o]ur strength grows out of our weaknesses”.1 Emerson’s belief that in recognizing weakness one becomes stronger echoes throughout human history. In the Book of Exodus, the Bible provides that during...

  8. Attacking the Innocent: Why Breed Specific Legislation Cannot Achieve its Stated Goals

    Contributor(s):: Shaw Smith Williams

    The term “Breed-specific legislation”, or “BSL”, is a term in United States and foreign law which refers to any law that focuses on the regulation of a particular breed of animal. As one can imagine, there are a multitude of incarnations of BSL at the municipal...

  9. Pets as Persons Under the Law in Custody Disputes

    Contributor(s):: Danyelle Melissa Shapiro

    My personal experiences have led to my passionate view that pets should be considered persons under the law. My father died at a young age, leaving my mom alone having to raise three children on her own. After all three of us moved out she has been lonely not having us around....

  10. The Reasonable Pet: An Examination of the Enforcement of Restrictions in California Common Interest Developments After Nahrstedt v. Lakeside Village Condominium Ass'n, Inc.

    Contributor(s):: Daniel R. Puterbaugh

    Thirty-two million Americans live in common interest developments (CIDs);1 this amounts to one out of eight U.S. residents.2 Of those thirty-two million, nearly one-fifth are in California,3 representing a full twenty percent of the state'spopulation.4 Further, given the popularity...

  11. The Elephant in the Room: Detrimental Effects of Animals' Property Status on Standing in Animal Protection Cases

    Contributor(s):: Lisa Marie Morrish

    Animals’ long-standing status as property serves to hinder many attempts to secure rights and protections for animals in the legal arena. Even within the realm of property law, states vary on how animals are viewed and protected. Because of these long-held views...

  12. Non-Economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule

    Contributor(s):: Victor E. Schwartz, Emily J. Laird

    For more than two hundred years, the traditional rule in pet law has been to limit damages to the market value of the animal that has been injured or killed. This system has worked well, resulting in low and predictable costs of veterinary services. Yet, some have regarded the...

  13. The Implementation of the Animal Damage Control Act: A Comment on Wildlife Services's Methods of Predatory Animal Control

    Contributor(s):: Tiffany Bacon

    Since the early part of the 20th century, the United States has supported a program aimed at predatory animal control. Particular species of predators have been significantly affected by the methods used under the auspices of this predator control program. Forinstance, wolf...

  14. Antimony: The Use, Rights, and Regulation of Laboratory Animals

    Contributor(s):: Brenda L. Thomas

    'In recent years, the problem, plight, and philosophy behind the use of animals in laboratories, schools, and industries has caused many to formulate an opinion on animal experimentation. It is simple to postulate a Monday morning quarterback philosophy - merely weigh the...

  15. Reexamining What We Stand to Lose: A Look at Reinitiated Consultation Under the Endangered Species Act

    Contributor(s):: Catherine E. Kanatas, Maxwell C. Smith

    This article first examines the role reinitiated consultation plays within Congress's statutory framework and concludes that in many ways, reinitiated consultation is the glue that holds the Endangered Species Act's protective scheme together. While the ESA generally prohibits any injury...

  16. United States v. Hayashi: Taking Aim at the Marine Mammal Protection Act

    Contributor(s):: Marc A. Yaggi

    The Marine Mammal Protection Act (MMPA) was enacted in 1972, in an effort to curb the increasing fatality rates of marine mammals that were caused, in part, by fishermen. Upon enacting the MMPA, Congress implemented a "taking" provision - the core provision - which prohibits the...

  17. Wildlife Management of Canada Geese in New York State: A Departure from the Express Policies of New York's Environmental Conservation Law

    Contributor(s):: Loriann Vita

    Prolonged recreational hunting of Canada geese in New York State may be contributing to the degradation of the species and ecological damage throughout the state. Due to the recent significant changes in the resident and migratory populations of Canada geese throughout the Atlantic Flyway, a more...

  18. Japan Whaling Association v. American Cetacean Society: The Great Whales Become Casualties of the Trade Wars

    Contributor(s):: Virginia A. Curry

    The United States, encouraged by environmental and animal protection organizations, has been the major proponent of effective measures to conserve whales. Japan, on the other hand, has been the most outspoken defender of whaling. A major confrontation between the two...

  19. Falconry: Legal Ownership and Sale of Captive-Bred Raptors

    Contributor(s):: Robert F. Kennedy Jr.

    In the late 1960's and early 1970's regulation of raptors' in North America underwent an intensive regulatory and legislative metamorphosis. In five short years, birds of prey, historically identified en famile as vermin, became the most regulated wildlife on the...

  20. Whose Wildlife Is It Anyway ? How New York' s Fish and Game Statutes, Regulations, and Policies Endanger the Environment and Have Disenfranchised the Majority of the Electorate

    Contributor(s):: Jolene R. Marion

    Consistently, courts in the United States have held that the sovereign states hold wildlife in trust for the benefit of all the people. The legislatures, responding to a public concern that uncontrolled hunting was threatening the survival of indigenous species, invoked the states' police...