Articles

This article addresses three primary legal questions. First, the article discusses issues related to ownership of and responsibility for feral cats, analyzing the treatment of ownership and responsibility under both feral cat statutes and common law. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. Third, the article discusses the ways in which feral cat keepers or caretakers may be exposed to criminal liability for abandonment, neglect, or failure to comply with state or local animal ownership requirements.

Controversy has arisen over how best to deal with populations of feral cats. While cat advocates fight against killing cats, bird advocates and others see them as destructive to protected species. Legal issues of property ownership, causation, and classification of cats are central to the question of human liability for feral cats.

This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Florida. In general, a state permit is required to import or possess apes. The state does not issue permits to keep apes as pets; however, individuals who possessed apes prior to the 1980 ban may be permitted to keep those apes for the remainder of the animals’ lives. The state does issue permits to import and possess apes for commercial or scientific uses to applicants who are qualified by age and experience and who have appropriate facilities. Permittees must comply with stringent legal requirements for the housing, care, maintenance, and use of apes. Also included within the article are local ordinances which have been enacted by counties and municipalities to restrict or regulate Great Apes within political subdivisions of the state.

This discussion focuses on fur production from both farmed and wild sources. It details US laws that impact fur, both federal and state, including a discussion on state trapping laws. Laws from countries that are major producers of fur products are analyzed as well as those countries that have imposed bans on fur farming or trapping methods.

This paper discusses the legal, environmental, and ethical dilemmas involved with genetic engineering technology and its creation of transgenic animal species. Currently, transgenic animal species are patentable subject matter in both the United States and in Europe and the use of such technology is largely left unregulated. This paper discusses the pros and cons that genetic engineering technology bring to the modern world in light of the relative absence of legal barriers facing genetic engineers.

This detailed discussion provides an overview of horse related legal issues, focusing primarily on horse slaughter, wild horses, and horse cruelty.

The debate over horse slaughter is a composite of agricultural industry, animal welfare, constitutional, environmental, health, and regulatory concerns. Part II of this paper addresses the history of and cultural taboo ascribed to horsemeat consumption. Part III presents federal and state laws, administrative regulations and guidelines, major court cases, and proposed and pending legislation related to horse slaughter. Part IV describes associated issues, policy, and advocacy resulting from and effecting horse slaughter in the United States.

In some states, humane societies are granted police powers to enforce animal cruelty laws. This Article explains the systems that states use to grant police powers to humane societies.

This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Illinois. As of January 1, 2011, the possession of Great Apes is banned in Illinois. However, circuses, zoos, and other exhibitors, research facilities, and animal refuges are exempt from the ban. Those exempt facilities are not required to obtain state permits to possess or display apes.

A detailed analysis of the differences and similarities between US, European Union, Swiss, Norwegian and German animal cruelty laws. The theories behind these differences are explored. Finally, possible and definite future reforms shed light on upcoming animal cruelty law.

The international trade in wild-caught reptiles has been cause for increasing concern, especially over the last few years. Federal, state and foreign laws are seemingly broken everyday as hundreds of thousands of reptiles are imported and exported each, mostly for the pet trade. In addition to depleting our natural resources and threatening many species with extinction, the reptiles are treated inhumanely and can even pose a health risk to people and the environment.

This paper focuses on the practice of confinement farming of hogs, specifically examining those practices from the state of Iowa. In doing so, the paper outlines the problems associated with confinement farming of hogs, including manure storage, cruel practices, and zoning issues among others. It then concludes with a look at sustainable agriculture practices from the U.S. and Europe.

This discussion focuses on the use of orca whales in captivity and the laws and regulations that govern such use. It then analyzes the legal issues these facilities face as a consequence. Specifically, this article examines the application of regulations associated with the Animal Welfare Act, Marine Mammal Protection Act, and the self-regulation of aquatic animal parks and zoos. It then concludes by examining some actual case studies involving captive whales. Finally, the future of orcas in captivity is discussed with both the pros and cons of housing these creatures.