/ Law Reviews/Animal Law Review/Issues/Volume Three, 1996-1997

Volume Three, 1996-1997

INTRODUCTION

OBSTACLES TO LEGAL RIGHTS FOR ANIMALS: CAN WE GET THERE FROM HERE?
by Susan Finsen

ESSAYS

RIGHTS OF SLAVES AND OTHER OWNED-ANIMALS
by Alan Watson

One of seven essays written at the request of Animal Law Review on the subject of “Animal Welfare, Animal Rights, or Something Else?”

ARE WOMEN PERSONS?
by Drucilla Cornell

One of seven essays written at the request of Animal Law Review on the subject of “Animal Welfare, Animal Rights, or Something Else?”

“DO DOGS APE?” OR “DO APES DOG?” AND DOES IT MATTER? BROADENING AND DEEPENING COGNITIVE ETHOLOGY
by Marc Bekoff

One of seven essays written at the request of Animal Law Review on the subject of “Animal Welfare, Animal Rights, or Something Else?”

ON THE “NECESSARY SUFFERING” OF NONHUMAN ANIMALS
by Michael Allen Fox

One of seven essays written at the request of Animal Law Review on the subject of “Animal Welfare, Animal Rights, or Something Else?”

THE THIRSTY COW AND AN IMPORTANT DISTINCTION
by Pricilla Cohn

One of seven essays written at the request of Animal Law Review on the subject of “Animal Welfare, Animal Rights, or Something Else?”

ANIMAL OPPRESSION AND THE PRAGMATIST
by Lesli Bisgould

One of seven essays written at the request of Animal Law Review on the subject of “Animal Welfare, Animal Rights, or Something Else?”

THUNDER WITHOUT RAIN: A REVIEW/COMMENTARY OF RAIN WITHOUT THUNDER
by Steven M. Wise

One of seven essays written at the request of Animal Law Review on the subject of “Animal Welfare, Animal Rights, or Something Else?”

SYMPOSIUM

ARE CHIMPANZEES ENTITLED TO FUNDAMENTAL LEGAL RIGHTS?
by Dr. Jane Goodall and Steven M. Wise

A presentation to the Senior Lawyers division of the American Bar Association in Orlando, Florida on August 2, 1996.

ARTICLES

ANIMAL RIGHTS THEORY AND UTILITARIANISM: RELATIVE NORMATIVE GUIDANCE
by Gary L. Francione

Mr. Francione examines the philosophies of Peter Singer and Tom Regan and concludes, in part, that there is nothing in rights theory that necessarily precludes the animal advocate from pursuing incremental legislative or judicial change; however, he asserts that we cannot speak meaningfully of legal rights for animals as long as animals are regarded as property.

SLAMMING SHUT THE ARK DOORS: CONGRESS’S ATTACK ON THE LISTING PROCESS OF THE ENDANGERED SPECIES ACT
by Jeffrey S. Kopf

The 104th Congress legislated a complete moratorium on the listing of species and critical habitat under the Endangered Species Act. Mr. Kopf explores the motivations behind the moratorium and hows how market forces may further weaken the ESA. This article questions whether the moratorium and its subsequent repeal signal a new era of environmental awareness or a return to industry’s discreet manipulation of the legisla-tive process.

WHERE DO WE DRAW THE LINE BETWEEN HARASSMENT AND FREE SPEECH? AN ANALYSIS OF HUNTER HARASSMENT LAW
by Katherine Hessler

Ms. Hessler examines the constitutionality of the federal hunter harassment statute and concludes that protests of hunting events should be protected under the First Amendment.

TRACKING THE ADC: RANCHERS’ BOON, TAXPAYERS’ BURDEN, WILDLIFE’S BANE
by David Hoch and Will Carrington Heath

Approximately thirty-five million dollars are spent each year by the Animal Damage Control division of the U.S. Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these “predators” are appalling. Mr. Hoch argues that funding for this program is excessive, irresponsible, and raises serious ethical questions. He concludes that ADC activities should be terminated immediately.

TOWARD A MORE APPROPRIATE JURISPRUDENCE REGARDING THE LEGAL STATUS OF ZOOS AND ZOO ANIMALS
by Geordie Duckler

Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.

THE RISE OF EQUINE LIABILITY ACTIVITY ACTS
by Dr. Sharlene A. McEvoy

In recent years, the equine industry has become concerned by court decisions which undermine the traditional view that persons who participate in horseback riding activities assume the risk of any injury they incur. Ms. McEvoy examines significant cases and state statutes designed to meet the challenges posed by these decisions, as well as the legislative history behind a Connecticut statute.

BIOTECHNOLOGY AND THE PATENTING OF LIVING ORGANISMS
by Matthew McGovern

Mr. McGovern discusses the reasoning behind the leap from patentability of non-living things to the living things within the last twenty years. He concludes that neither the Supreme Court or Court of Customs and Patent Appeals has offered a convincing rationale for the inclusion of living things within 35 U.S.C. Section 101.

Animal Law Review is located in Wood Hall on the Law Campus.
MSC: 51

Editor in Chief
Suzannah Smith
eic-animallaw@lclark.edu

Managing Editor
Aaron Kline
me-animallaw@lclark.edu

Executive Editors
Bailey Grinter
Macaela Burke
ee-animallaw@lclark.edu

Animal Law Review
Lewis & Clark Law School
10101 S. Terwilliger Boulevard MSC 51
Portland OR 97219