Elephants or Ivory

Summary: This paper will examine the global ivory trade and its effect of elephant populations. It begins with a historical discussion of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally. Next, the paper considers two competing approaches to elephant conservation and catalogues how they have informed CITES decisions regarding elephants beginning in 1975. In addition, it discusses relevant laws in ivory-producing nations and consuming nations. Finally, the paper examines U.S. laws regarding elephants and ivory, as well as legal challenges to those policies.

Summary: Plaintiffs, taxpayers Aaron Leider and the late Robert Culp, filed suit against the Los Angeles Zoo and Director Lewis to enjoin the continued operation of the elephant exhibit and to prevent construction of a new, expanded exhibit. Plaintiffs contend that the Zoo's conduct violates California animal cruelty laws and constitutes illegal expenditure of public funds and property. The case went to trial and the trial court issued limited injunctions relating to forms of discipline for the elephants, exercise time, and rototilling of the soil in the exhibit. On appeal by both sides, this court first took up whether a taxpayer action could be brought for Penal Code violations or to enforce injunctions. The Court held that the earlier Court of Appeals' decision was the law of the case as to the argument that the plaintiff-taxpayer was precluded from obtaining injunctive relief for conduct that violated the Penal Code. The Court found the issue was previously decided and "is not defeated by raising a new argument that is essentially a twist on an earlier unsuccessful argument." Further, refusing to apply this Civil Code section barring injunctions for Penal Code violations will not create a substantial injustice. The Court also found the order to rototill the soil was proper because it accords with the "spirit and letter" of Penal Code section 597t (a law concerning exercise time for confined animals). As to whether the exhibit constituted animal cruelty under state law, the Court found no abuse of discretion when the trial court declined to make such a finding. Finally, the Court upheld the lower court's ruling that declined further injunctive relief under section 526a (a law that concerns actions against state officers for injuries to public property) because the injury prong could not be satisfied. As stated by the Court, "We agree with the trial court that there is no standard by which to measure this type of harm in order to justify closing a multi-million dollar public exhibit."

Summary: First, this article explains how animals have entertained people for centuries. Next, the article addresses how animals are treated in the modern circus industry. Then, this article discusses the laws governing the circus industry both in the United States and in other countries. Lastly, this article explains where the animals may retire if the circus industry is prohibited from holding animals captive.

Summary: This Note argues that a near-complete ban in ivory trade not only raises difficult domestic legal issues, but also does little to stop elephant poaching in Africa. Further, enacting a similar ban in China is not only unrealistic, but also would increase the illegal trade and, therefore, the slaughter of elephants in Africa. Part I explains the history of illegal ivory trade and describes the current legal environments in the United States and China. Part II presents the domestic legal and policy implications of an ivory ban, and analyzes the potential difficulties with implementing a similar ban in China. Part III argues that while the United States should stringently regulate the domestic ivory market, a near-complete ban is unreasonable. Further, a similar ban in China is not a practical solution; Chinese officials must consider strategies to optimize existing laws and gain public support.

Summary: This article looks at international wildlife poaching in the 21st century.

Summary: At COP12, it was agreed that Botswana, Namibia, and South Africa could export ivory to an as yet unidentified buyer, subject to certain conditions. The Standing Committee is required to interpret and define the language of these conditions, and to establish the process and time-frame within which decisions should be made as to their fulfillment.

Summary: This set of New York statutes provides some of the state's fish and wildlife laws. Among the provisions include a prohibition against interference with wildlife, restriction on the possession and importation of certain wildlife such as wolves, wolfdogs, coyotes, coydogs, foxes, skunks, and venomous reptiles, and laws that allows individuals to take destructive wildlife. No person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life.

Summary: These statutes comprise the New Jersey Endangered and Nongame Species Conservation Act. The definitions used in the Act are described as well as the rules for listing species, the powers and duties of the supervising department, and the designation of funding. Under the statute, violation of the Act incurs a civil penalty of $250-5,000. In 2014, provisions were added for the prohibition on import, sale, or purchase of ivory products. In 2018, a law was added that prohibits a person from using a wild or exotic animal in a traveling animal act.

Summary: A U.S. federal law that reaffirms the endangered status of Asian elephants and allocates money toward conservation efforts.