Articles

This document provides an overview of the UK's Pet Animals Act of 1951. The Act establishes a regulatory regime for “pet shops” under which local authorities (district and borough councils) are responsible for inspecting and licensing premises.

A full explaination of the laws of game for the British. 1800-1850 with notes from US experience.

Part I of this comment shows the impetus behind equine activity statutes. Part II shows why the need for equine statutes no longer exists based on the doctrine of primary implied assumption of risk. Lastly, Part III surveys Maryland law to show that Maryland will not benefit from an equine activity statute and therefore should not adopt one.

As the introduction to Volume 15 of Animal Law, the author reflects on 30 years of progress in the animal law arena.

The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.

This essay explores the legislative and legal campaign to enact California Proposition 2: The Prevention of Farm Animal Cruelty Act, approved by California voters on November 4, 2008. The authors direct the legislation and litigation programs for The Humane Society of the United States, and, along with many other individuals and organizations, were centrally involved in the drafting, campaigning, and litigation efforts in support of the measure.

This note examines the current deadlock in the IWC, discusses the shift from conservation towards preservation, and argues for a continuation of the moratorium based on moral and ethical concern for whales as whales. Part I traces the history of whaling and whale regulation. Part II discusses the current regulatory scheme. Part III analyzes the Preservationist position as it concerns whales. It builds from a discussion of the uncertain science concerning whale populations and stock recovery, to a discussion of the pain and suffering inflicted on whales by current whale practices, and finishes by arguing that whales, as unique and intelligent mammals, deserve protection as such.

This article argues that the intent of the ESA would be realized if the standing requirements under the act were expanded to include an animal-suit provision in addition to the citizen-suit provision. The article begins with a brief discussion of the legislative history and the statutory requirements of the ESA, and then delineates the doctrine of standing generally. It concludes that the enactment of an animal-suit provision in the ESA would be consistent with the intent behind the ESA, would be a valid exercise of congressional power, would satisfy the principles inherent in the Court's approach to standing, and could be comfortably realized through next friend representation of qualified animal plaintiffs.

This document gives a brief summary of the structure of the Canadian legal system.

This paper examines the substance and history of animal anti-cruelty law in Canada. In doing so, it discusses the controversy surrounding the last amendments to the existing law (Bill C-50) introduced in parliament last year.

This article sets out for the reader how to research the full variety of animal issues for the Canadian legal system, with a focus on Ontario.

This article, reprinted with permission from The Fund for Animals' website, explains the activity referred to as 'canned hunting.'

This article explores the issues surrounding "canned hunts." Section I provides an introduction and overview; explores the ethical objections to canned hunts based on standards generally accepted by the sport hunting community; raises questions about the appropriate legal analogy that should be applied to canned hunts; and discusses the serious animal health and public health issues raised by canned hunts. Section II catalogs the relevant statutes and regulations of each state with an example of a model ordinance relating to the regulation of canned hunts.

Ms. Ireland explores the methodologies, ethics, and dangers of canned hunting and offers ways to challenge the practice through existing and proposed state and federal statutes. In so doing, Ms. Ireland examines statutory law as it relates to exotic animals, the definition of "animal," anti-cruelty exemptions, and husbandry practices. Finally, the feasibility of statutory enforcement by agencies is examined.

This paper illustrates the need and importance for this shift in understanding, and suggest corresponding revisions to the ESA. It gives an overview of the recovery plan provisions and delisting process of the ESA. The paper gives an overview of a recently delisted species, the Western Great Lakes Distinct Population Segment (“WGL DPS”) of the gray wolf, which serves to illustrate in detail the more general analysis of ESA implementation. The paper also provides a framework for the importance behind identifying policy decisions and having greater accountability and consistency in decision-making.

This Note introduces a new approach for resolving the issue of inadequate compensation for pet loss by arguing for the adoption of a new classification of personal property called inimitable property. The new categorization takes into consideration the live, conscious, and unique qualities of pets that distinguish them from other sorts of inanimate property. Part II outlines the historical origins and subsequent shifts in the importance of domestic animals and their status in the law. Part III highlights the existing arguments and suggestions for change and addresses why they ultimately fail. Part IV introduces the requirements and characteristics of “inimitable property” and explains why it could work if applied to domestic pets by courts or the legislature. Finally, Section V briefly reviews and concludes the Note.

The meat, egg, and dairy industries in the United States slaughter over ten billion land animals each year. The majority of these animals are raised on capital intensive factory farms. Large farming operations use factory farms to cut production costs and thereby increase their profit margins. Although this industrialization of the animal agriculture business reduces monetary costs, it causes immense suffering to the farm animals and raises significant costs to society, including a reduction in the number and profitability of family farms, an increase in the health risks related to meat consumption, a proliferation of damage to the environment, and a rise in threats to farm workers' health. Current federal and state legislation fails to protect farm animals from the cruel, inhumane conditions common on factory farms. This paper discusses changes that could be made to the tax code to provide incentives to farms to treat farm animals more humanely.

This chart, updated in 2014, lists the state laws concerning dog fighting. To date, all states have enacted laws that make actively participating in dog fighting a felony. Several states still regard being a spectator at a fight as a misdemeanor.