Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
Volume 6, 2000
WILDLIFE—OUR MOST VALUABLE PUBLIC RESOURCE
The Honorable Elizabeth Furse
ENACTING AND ENFORCING FELONY ANIMAL CRUELTY LAWS TO PREVENT VIOLENCE AGAINST HUMANS
Joseph G. Sauder
Mr. Sauder proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent a cycle of violence between human and animal abuse. The author explores the effects of violence in the home on the abused as well as those who witness abuse.
ANIMAL WELFARE LAW IN CANADA AND EUROPE
Elaine L. Hughes & Christiane Meyer
Ms. Hughes and Ms. Meyer discuss Canada's animal welfare protections, and compare them to animal welfare laws found in Europe. This article examines the current state of animal welfare and cruelty laws and recent attempts through federal legislation to modernize the animal welfare provisions of the Canadian Criminal Code.
ENVIRONMENTALLY FRIENDLY RANCHING? AN INTERVIEW ON THE HIGH DESERT
The following is an interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef. Frustrated with the typical ranching system, Doc and Connie Hatfield moved to Oregon and started a cooperation as an alternative to the horrors of mass produced beef.
FEEDLOTS—RURAL AMERICA'S SEWER
Marilyn Lee Nardo
Ms. Nardo reveals the problems of factory farming in the United States—its impacts on water, air, and animal welfare. Currently, there are no federal standards for the storage, application, or management of animal waste. The author proposes that new regulations and stricter enforcement of the current NPDES program under the Clean Water Act are needed to protect public and environmental health.
LEGAL PROTECTION FOR HORSES: CARE AND STEWARDSHIP OR HYPOCRISY AND NEGLECT?
Lafcadio H. Darling
Mr. Darling writes about the relationship American's have with horses, and argues that our laws do not reflect our love of these magnificent animals. He does this through looking at the Wild Free-Roaming Horses and Burros Act, the Horse Protection Act, and the Premarin Industry.
THROWING CAUTION TO THE WIND: THE GLOBAL BEAR PARTS TRADE
Adam M. Roberts and Nancy V. Perry
Mr. Roberts and Ms. Perry explore the international trade of bear parts—examining the cultural, legal, and animal welfare aspects of this growing practice. The authors discuss the strengths and weaknesses of existing laws, and point out gaps in current enforcement and legal protections.
1999 LEGISLATIVE REVIEW
Our second Legislative Review has been expanded beyond state initiatives to include federal actions affecting animals. Ms. Katharine Keaton has researched and written on State law developments, including bans on the use or sale of pet fur in Oregon and Virginia, increased use of psychological counseling for animal abusers in several states, and an administrative ban on canned hunting in Oregon. Ms. Deborah Maas provides an overview of three federal issues from 1999, including the federal crush video prohibition, the Secretary of Commerce's rules regarding dolphin safe tuna, and the EPA's new High Production Volume Chemical Testing Program.
ANIMAL CUSTODY DISPUTES: A GROWING CRACK IN THE "LEGAL THINGHOOD" OF NONHUMAN ANIMALS
Ms. Newell tracks the changes in case law, local ordinances, and popular attitudes about animals and their mental and emotional lives. People and the law are beginning to view animals as more than simply property, and the author argues the time has come to recognize a legal status for companion animals that reflects these changing social values.
NEW ZEALAND'S ANIMAL WELFARE ACT: WHAT IS ITS VALUE REGARDING NON-HUMAN HOMINIDS?
This essay offers a brief history of the non-human hominid provisions of New Zealand's Animal Welfare Act. She argues that the background and breadth of New Zealand's protections must be understood before proponents of change employ them as precedent.
A HOUSE ON FIRE: LINKING THE BIOLOGICAL AND LINGUISTIC DIVERSITY CRISES
Mr. Suckling connects the linguistic diversity crisis with the loss of biodiversity and argues that the loss of one necessarily means the loss of another.
ASSET FORFEITURE AND ANIMAL CRUELTY: MAKING ONE OF THE MOST POWERFUL TOOLS IN THE LAW WORK FOR THE MOST POWERLESS MEMBERS OF SOCIETY
Amy A. Breyer
Ms. Breyer argues the law's current treatment of animals as property might be advantageous under criminal forfeiture provisions. Her article discusses asset forfeiture and animal cruelty, and offers suggestions on how to combine these two areas of law in an effort to better protect animals from abuse.
GENETIC ENGINEERING OF DOMESTIC ANIMALS: HUMAN PREROGATIVE OR ANIMAL CRUELTY?
Michelle K. Albrecht
This comment discusses selective breeding and genetic engineering of domestic animals, arguably two of science's most manipulative advancements of the last century. The article examines whether selective breeding and genetic engineering violate California's anti-cruelty statute, highlighting recent California case law interpreting these statutes and outlining the standard to determine when a violation has occurred. Furthermore, the article seeks to articulate policy suggestions to further the protection afforded these animals affected by science.
ANIMAL LAW—THE CASEBOOK
Steven M. Wise
This review discusses the recently published ANIMAL LAW casebook. Mr. Wise discusses its positive impact on the growing field of animal law and argues that it should focus more on animal rights law.
STEVEN M. WISE: RATTLING THE CAGE—TOWARD LEGAL RIGHTS FOR ANIMALS
David J. Wolfson