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Dangerous Dogs in Canadian Law Jacquelyn A. Shaw

This detailed legal discussion focuses on the Canadian legal approaches to dog-related injuries. The traditional common law doctrines of scienter and negligence are discussed, and compared with the legislative approaches of Canada's provinces and territories as well as Canadian federal criminal law. The article also discusses the similarities and differences between Canada's and the United States' incidence of dog-related injuries and some possible reasons for the differences.

Dead Dog Running: The Cruelty of Greyhound Racing and the Bases for its Abolition in Massachusetts Erin N. Jackson

Ms. Jackson explores the greyhound racing industry in Massachusetts in her article and discusses the widespread and well-known animal abuse rampant in the industry. The author argues that greyhound racing in the state of Massachusetts should be abolished on the grounds that the abuse the dogs suffer is analogous to that perpetrated in outlawed animal fighting sports and that industry practices violate the basic Massachusetts anti-cruelty statute and common law.

Dealing Dogs: Can We Strengthen Weak Laws in the Dog Industry? Sandra K. Jones

The aim of this note has been to make a contribution to the awareness of the legal status of companion animals, specifically dogs. Currently, federal laws that govern man's best friend are archaic and lack fundamental protections for dogs. The relevant law has not evolved with the rest of society and fails to recognize that dogs need greater federal protection. The lack of protection is exemplified by the gaping loophole in the Animal Welfare Act, which leads to the exploitation of dogs by puppy mills and pet shops that only consider human profit at the expense of animal welfare.

Death to Poochy: A Comparison of Historical and Modern Frustrations Faced by Owners of Injured or Killed Pet Dogs Jason R. Scott

This article explores the various methods courts have used to determine value when assessing damages in pet injury or death cases. In doing so, it focuses on the conflicts that exist between opinions of older courts and more modern courts in determining damages, and how these conflicts have highlighted the transition of a dog's role in society. Finally, the article discusses solutions to these problems, including exploring exemplary statutes in Illinois and Kentucky, along with other solutions that would significantly reduce the stress faced by pet owners and courts when placed in these positions.

Debate Within the CITES Community: What Direction for the Future? David Favre

This article introduces the reader to the context and terms of the international treaty for the protection of endangered species (CITES) There is a focus on the attempt to deal with the concept of sustainable use as relates to wildlife by the various states of the world and nongovernmental organizations.

Defining Animals as Crime Victims Andrew N. Ireland Moore

Animals who are victims of abuse and neglect should be afforded protections similar to those granted to human victims of crime, and as such, a reformulation of the classification of abused animals from property to crime victims is needed. Defining animals as victims of crime, rather than mere property will aid in providing animals with the additional safeguards and protections of the criminal justice system that they deserve.

Derechos de los animales en Colombia: una lectura crítica en perspectiva ambiental Carlos Lozano Animal rights are commonly understood as an expression of the rights of nature. However, both are in open contradiction, due to the complex interactions of ecosystems and the place of fauna in them, poorly understood by the generators of animal law rules, because in those animal suffering is inherent. The rights of animals in Colombia are not an expression of the rights of nature, on the contrary, they undermine them, and hinder the consolidation of an environmental right aligned with social justice and that puts the survival of ecosystems at the center. The above, because animal law outlaws critical ecological processes, gentrifies environmental law, promotes an artificial binary between fauna and flora, contradicts certain forms of climate action, hinders conservation, stigmatizes cultural diversity, agency class discrimination, prevents the control of invasive species, generates a protection deficit for other kingdoms of life, like the vegetable and the fungi, and promotes a transition from anthropocentrism to a kind of zoocentrism (article in Spanish).
Desecrating the Ark: Animal Abuse and the Law's Role in Prevention Margit Livingston

This article examines the three major historical theological and philosophical views of animal-human relationships. The article then examines the historical legal treatment of animals, finding that the modern view supports a legal reform based on the interrelationship of animal cruelty and human behavior. Finally, Part IV outlines desired changes in animal cruelty laws, with increased criminal sanctions for adult animal abusers, cross-reporting requirements, more frequent placement of juvenile animal offenders in treatment programs, and restrictions on ownership of animals by convicted animal abusers.

Designing a Model Dog Park Law John J. Ensminger and Frances Breitkopf This article was originally posted by the Animal Legal & Historical Center five years ago and the authors feel it has been in need of revision for some time. We will from now update the article periodically in this location so that those readers who are involved in creating dog parks, and legislators and their staff involved in modifying laws and regulations to take into account the significance of dog parks in the legal and governmental systems of states, counties, and municipalities, can have what benefit our analysis may provide concerning developments relevant to their interests. Also, those committees and groups that must decide on rules for use of a dog park to be posted at an entrance gate can understand what we think is appropriate and reasonable for a list of requirements, given that users will not want to spend large amounts of time reading a legal text before getting a dog inside the park.

The article begins with our views on how dog park law has evolved in recent years, then discusses the laws and regulations that apply to dog parks and similar spaces. It then reviews the rules that often apply to the users of dog parks around the United States. Finally, the model laws and rules are contained in the last section. The model law provisions are somewhat unusual in contemplating the adoption of provisions at a number of legislative levels. Thus there is no single proposed law, but rather a collection of suggested modifications of statutes and regulations, some of which may be appropriately contained in a statute in one jurisdiction but a regulation in another, depending on where related issues are addressed in the codes and rules issued by a state, county, municipality, or other park-regulating entity. [1]
Detailed Discussion of Non-Therapeutic Procedures for Companion Animals Asia Siev A discussion on four specific unnecessary medical surgeries in companion animals, including tail docking, ear cropping, devocalization, and declawing. This paper will examine the justifications and legal arguments both for and against the procedures. Finally, it will discuss recent efforts to ban these types of surgeries both at the city and state level, with a brief comparison of tail docking and ear cropping bans in the European Union.
Detailed Discussion - Protecting Animals: Domestic Abuse and Animal Abuse Linked Emilie B. Ridge

This is a detailed discussion of the connection between Domestic Abuse and Animal Abuse. This article explores how abusers use animals as a means of control and the problems that victims face when leaving a domestic violence situation with an animal. A few states allow a victim to include their animals in the protection order, and several other states are introducing similar legislation.

Detailed Discussion Landowner and Landlord Liability for Dangerous Animals David S. Favre

This overview explores the liability for both landowners and landlords for injuries to third parties caused by tenant's animals. As a general proposition, liability is imputed only where the landowner or landlord has a duty to a third party, which is usually based on knowledge of the vicious propensity of the animal. Further, the injury must be reasonably foreseeable under the circumstances. The paper sets forth the level of duty owed to different classes of third party visitors (licensees, invitees, and trespassers) as well as how the location of an attack affects landlord liability.

Detailed Discussion of Ag-gag Laws Alicia Prygoski This paper examines ag-gag laws and how they affect farmed animals, farming employees, industrialized farming operations, and individual rights. It will look at the history of ag-gag laws and how they have changed since becoming more prominent in 2011. It will also explore the constitutionality of these laws and whether the various types hold up to constitutional scrutiny.
Detailed Discussion of Alabama Great Ape Laws Hanna Coate This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Alabama. In Alabama, gorillas, chimpanzees, bonobos, orangutans and gibbons are considered “Class 1” wildlife, which means that they are among the most heavily regulated wild animals in the state. Although the possession and use of apes is heavily regulated in certain areas, such as display and exhibition, it is virtually unregulated in other areas. The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.
Detailed Discussion of Alabama Great Ape Laws Hanna V. Coate

This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Alabama. Generally, there are very few state-level restrictions on activities involving those animals; however, Alabama does regulate the possession and treatment of apes by certain exhibitors. Also included are many local ordinances that have been enacted by counties and municipalities to restrict or regulate Great Apes within political subdivisions of the state.

Detailed Discussion of Alaska Great Ape Laws Hanna Coate In Alaska, gorillas, chimpanzees, bonobos, orangutans, and gibbons are considered “game” animals which are regulated by the state’s Department of Fish and Game (DFG). In general, it is illegal to import and possess apes without a DFG permit.The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.
Detailed Discussion of Animal Euthanasia Alexandra Kleinfeldt This paper addresses animal euthanasia and its position with state legislatures. It examines the reasons of different groups requesting animal euthanasia, highlights state laws addressing different euthanasia methods and who may perform euthanasia, and includes a survey of state law approaches. The paper concludes with an examination of the legal and ethical issues involved with animal euthanasia such as veterinarians’ and animal shelter employees’, the emerging trend of in-home euthanasia, provisions in one’s last will and a comparison between animal cruelty and animal euthanasia.
Detailed Discussion of Animal Hoarding Victoria Hayes

This article provides a basic overview of animal hoarding, its psychological underpinnings, and existing laws that are used to combat animal hoarding. The article suggests that current laws do not adequately prevent animal hoarding or protect animals, and that hoarding-specific legislation should be enacted. Hoarding-specific legislation should create a separate offense of animal hoarding, require psychological evaluation of animal hoarders, and prohibit future ownership of animals for convicted hoarders.

Detailed Discussion of Animal Testing in Commercial Products Katie C. Galanes

This paper will examine the use of animals in toxicology testing. It begins with an examination of the most commons tests performed on animals within the commercial products industry. Next, the paper delves into the controversy and debate surrounding animal testing, and whether such a practice actually determines the safety of a product. In addition, the paper will examine and analyze existing laws that regulate animal testing and the federal agencies that manage the safety of commercial products. Last, some alternatives to animal testing are revealed and the future of animal testing is discussed.

Detailed Discussion of Anti-maltreatment Laws in France and Spain Loïs Laimene Lelanchon

In terms of animal protection, France has paved the way for Spain to adopt a solid legislation. French and Spain legislations are based on the Roman law tradition and encounter difficulties to detach themselves from the concept of animal-machine. The penal protection was at first initiated in both countries on the ground of the protection of public morality. Later on, the criminal provisions relating to intentional cruelty towards animals have been shaped around the notion of maltreatment.

Detailed Discussion of Arizona Great Ape Laws Hanna Coate In Arizona, most species of apes including chimpanzees, gorillas, orangutans, and bonobos are classified as “restricted live wildlife” because they are “inherently dangerous animals capable of transmitting disease and causing serious injury or death to human beings.”[1] It is illegal to keep “restricted” apes for use as pets and assistance animals.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.
Detailed Discussion of Arkansas Great Ape Laws Hanna Coate In Arkansas, gorillas, chimpanzees, bonobos, orangutans, and gibbons are protected because of their status as “endangered species” under state law. The Arkansas Game and Fish Commission (GFC) prohibits the importation, transportation, sale, purchase, and possession of endangered species unless the animals were legally acquired and are held under a permit.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.
Detailed Discussion of Assistance Animal Laws Rebecca F. Wisch

This discussion examines the federal service animal provisions under the Americans with Disabilities Act (ADA) and the relevant states. In doing so, states' equal access, criminal interference, and white cane laws are examined in addition to other laws.

Detailed Discussion of Australian Live Export Laws Jordan M. Sosnowski

This article discusses the Australian live export legislation in detail. It also outlines the main shortcomings of the legislation and outlines areas that are in need of reform. Finally, the article proposes future options that could possibly replace the live export industry in Australia, or at the very least, alleviate some of the current animal welfare concerns.

Detailed Discussion of Bears Used in Traditional Chinese Medicine Laura E. Tsai

Discussion of the issue of bear farming and the international trade in bear bile. Analysis of the laws regulating farming and trade. Discusses how the issue presents a problem and proposes solutions.

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