This research and deliberation activity is designed to encourage students to look at the issue of... more This research and deliberation activity is designed to encourage students to look at the issue of climate change and environmental regulation from a constitutional perspective and then to find political and economic measures to address environmental regulation. In any deliberation activity, compromise and listening will play a key role in finding common ground. Students will be able to evaluate multiple perspectives on the issues and determine what can be done to find common ground between those who believe that a clean and healthy environment should be a constitutional right and those who believe it to be unnecessary to amend the Constitution to ensure a clean and healthy environment. Links to the articles used in this lesson and extension readings for this lesson are available at the National Constitution Center's website at: www.constitutioncenter.org/exchange.
In lieu of an abst ract , here is a brief excerpt of t he cont ent : B o o k R e v i e w s 3 0 3 ... more In lieu of an abst ract , here is a brief excerpt of t he cont ent : B o o k R e v i e w s 3 0 3 ate d how Oate s inte rming le d philos ophical que rie s with pe rs onal s toryte lling in orde r to proble matiz e the ve ry s ubje ct that he s o obvious ly love s . While this narrative tactic come s from a fairly e xte nde d line ag e of Ame rican nature writ e rs , Oate s has made e orts to pus h be yond the inte lle ctual cons traints of lite r alis m, romanticis m, and De e p Ecolog y-or more broadly, any approach that g e ts tang le d up in the "Paradis e Los t" me ntality whe n it come s to nature . Ins te ad, Oate s wants to le ad his re ade rs to a place from which human be ing s mig ht be able to appre ciate the intricate laye rs of irony and te xtuality that are always e mbe dde d in the ways that we e xpe rie nce and make me aning out of life on a plane t that is ine vitably wild. Dripping Dry: Lite rature , Politics , and Wate r in the D e s e rt S outhwe s t. By David N . Cas s uto. A n Dripping Dry: Literature, Politics, and Water in the Desert Southwest by David N. Cassuto. This we bs ite us e s cookie s to e ns ure you g e t the be s t e xpe rie nce on our we bs ite . Without cookie s your e xpe rie nce may not be s e amle s s .
Don’t be cruel (anymore): a look at the animal cruelty regimes of the United States and Brazil with a call for a new animal welfare agency. DOI 10.5935/2448-0517.20180010
Juris Poiesis - Qualis B1, May 20, 2018
In the United States and around the world, animals exploited for hu-man use suffer cruel and need... more In the United States and around the world, animals exploited for hu-man use suffer cruel and needless harm. The group bearing the brunt of this exploitation—agricultural animals—is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries approach agricultural animal welfare differently, they arrive at the same outcome: institutionalized indifference to animal suffering. To remedy the current regulatory structure, this Article proposes the creation of an independent federal agency—The Animal Welfare Agency (“AWA”)—to regulate the safety and welfare of all animals, including those used in agriculture. The AWA could significantly reduce systemic animal cruelty in both the United States and Brazil and repre sent an important step toward inserting morality and ethics into our relationships with animals.
This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because ... more This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because the majority of the Guarani Aquifer System underlies Brazil, the Brazilian legal regime forms the paper's principal focus. The importance of the region makes the need for accurate information crucial. Yet relying on such information to manage a complex resource presents risks. Too often, the role of uncertainty in regulating is underplayed. Increasing knowledge over the resource demands categorizing "hard" and "soft" uncertainties, especially those presented by climate change. In addition, regulators must acknowledge the unitary nature of the aquifer while remaining sensitive to differing national priorities.
... “ David Ehrenfeld cites this study in “Hard Times for Diversity” in THE FATAL Haavesr Rs/roan... more ... “ David Ehrenfeld cites this study in “Hard Times for Diversity” in THE FATAL Haavesr Rs/roan (Andrew Kimbrell ... g . a. National Environinental Policy Act of l969 (“NEPA”)2'-. NEPA requires federal land managers' to prepare Environmental Impact Statements (“BIS”) to accompany ...
Chapters begin with edited judicial opinions followed by authors' analysis. While each chapte... more Chapters begin with edited judicial opinions followed by authors' analysis. While each chapter reflects distinctive views of specific animal law controversies, each is infused with hallmark characteristics of animal law. These characteristics include the status of animals as the legal property of humans, the limitations of current state and federal laws, and the relationship of cultural attitudes and practices concerning animals to the legal structures that inhibit attempts to protect animals from human sources of suffering.
In the United States and around the world, animals exploited for human use suffer cruel and needl... more In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation— agricultural animals—is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries approach agricultural animal welfare differently, they arrive at the same outcome: institutionalized indifference to animal suffering. To remedy the current regulatory structure, this Article proposes the creation of an independent federal agency— The Animal Welfare Agency (“AWA”)—to regulate the safety and welfare of all animals, including those used in agriculture. The AWA could significantly reduce systemic animal cruelty in both the United States and ...
An intimate look at Michigan's scenic, trout-filled Pere Marquette River and the larger resou... more An intimate look at Michigan's scenic, trout-filled Pere Marquette River and the larger resource-management challenges it represents
He holds a J.D. from the University of California, Berkeley, a Ph.D. from Indiana University, and... more He holds a J.D. from the University of California, Berkeley, a Ph.D. from Indiana University, and a B.A. from Wesleyan University. Prior to joining the Pace faculty, he practiced complex civil litigation, clerked on the United States Court of Appeals for the Eleventh Circuit, and was a Professor of American Literature. He speaks and writes frequently on animal law and policy as well as many other topics within environmental law and environmental and cultural studies. In addition to several books and many articles on topics ranging from water as cultural signifier to climate change and factory farms, Professor Cassuto is also the founder and principle contributor to the Animal Blawg (www.animalblawg.wordpress.com), a blog on animal law, ethics, and policy. In August 2012, Professor Cassuto was honored with a Lifetime Achievement Award at the Third World Congress on Bioethics and Animal Rights held in Recife, Brazil.
Fish are sentient-they feel pain and suffer. Yet, while we see increasing interest in protecting ... more Fish are sentient-they feel pain and suffer. Yet, while we see increasing interest in protecting birds and mammals in industries such as farming and research (albeit few laws), no such attention has been paid to the suffering of fish in the fishing industry. Consideration of fish welfare including reducing needless suffering should be a component of fisheries management. This article focuses on fisheries management practices, the effects of anthropogenic climate change on fisheries management practices, and the moral implications of fish sentience on the development and amendment of global fishing practices. Part I examines domestic and international fisheries, including slaughter practices for wild-caught and farmed fish. Part II discusses the impact of climate change on global fisheries management. Part III outlines recent scientific discoveries that reveal that fish have sentient capabilities. Part IV analyzes psychological and economic roadblocks to acknowledging fish harm. Part V discusses strategies to incorporate concerns over fish harm into current practices. Part VI discusses the United States' Public Trust Doctrine, arguing that: (1) it exists at both the state and federal levels; and (2) it requires stricter fisheries management practices that impose humane requirements on commercial fisheries. Part VII concludes that (1) anthropogenic climate change is inflicting an enormous amount of suffering on fish populations, and (2) fisheries management practices must mitigate these harms by incorporating moral considerations.
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS, Nov 15, 2014
The United States began as nation rich in biodiversity, Today, hl;;:e much of the rest of the wor... more The United States began as nation rich in biodiversity, Today, hl;;:e much of the rest of the world, it faces a biodiversity crisis that is very real and worsening. Species and ecosystems face extinction amidst a political climate hostile to regulatory intervention and a patchwork system oflaws that disperses responsibility among various federal agencies while allocating land use authority over nonfedcralland do the individual states. This paper looks at the cultural and legal frame\vork from which biodiversity lmvs in the United States evolved. It next surveys the legislative and regulatory matrix from which protections must now emerge. It then discusses \Vhy the current system ofla\VS cannot and will not pro-v1de lasting ecosystemic protection into the national federalist framework. Generally speaking, biodiyersity refers to the rich variety of life on earth, the genetic differences among the Yarious life forms, their communities and ecosystems, and the ways in \vhich they interact to create and support life on the planet. 1 The most pervasive threat to biodiversity in the United States is habitat destruction. 2 This destruction arises from the conversion of land to ostensibly "product!,£' uses, particularly a.e,rricultures, forestry, mineral and fossil fuel extraction and urban developrnent. 3 Pe\v would contest that maximizing biodiversity benefits the nation and the planet. Yet, deyising and implementing a ret,:rime to nurture biodiversity is fraught\v:ith legal, cultural
Because biotechnology is such a revolutionary science, and has spawned such a powerful industry, ... more Because biotechnology is such a revolutionary science, and has spawned such a powerful industry, it has great potential to reshape the world around us... Any major mistakes could lead to tragic and perhaps permanent changes in the natural world. For these reasons, future generations are likely to look back to our time and either thank us or curse us for what we door don't do-about GMOs and biosafety. Doing the right thing is not simple."-CBD AND UNEP 2003
was indicted for marketing dog-fighting videos in violation of 18 U.S.C. § 48, a law criminalizin... more was indicted for marketing dog-fighting videos in violation of 18 U.S.C. § 48, a law criminalizing depictions of animals being "intentionally mutilated, tortured, wounded, or killed…" The law aimed principally at "crush videos," but extended to dog-fighting as well. Stevens challenged the law's constitutionality and the Supreme Court eventually struck it down. This article explores whether the Stevens decision will have lasting implications for animal cruelty jurisprudence. It argues that the answer is "maybe, but probably not." In Stevens, the Court skirted the question of whether preventing animal cruelty can rise to the level of compelling state interest. Ironically, its avoidance of the issue may constitute a net positive for animal advocacy.
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