Articles

Title Sort descending	Author	Summary
Detailed Discussion of Oregon Great Ape Laws	Hanna Coate	The following discussion begins with a general overview of the various Oregon 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 Pennsylvania Great Ape Laws	Elizabeth Love Marcero	The following article discusses Great Ape law in Pennsylvania. While the state of Pennsylvania controls possession and importation of “exotic wildlife” by law, the definition of “exotic wildlife” is vague as to whether it includes great apes. Instead, Pennsylvania regulates the possession of great apes by administrative regulation and reference to the federal endangered species list. In addition, Pennsylvania’s administrative code addresses the commercial use of great apes in menageries with a USDA Class C Exhibitor permit.Like other states, Pennsylvania does not define great apes as “endangered” under its own endangered species law. It does, however, define endangered and threatened species to include federally listed endangered and threatened species under its accompanying regulation. Finally, great apes are covered under the state’s anti-cruelty law.
Detailed Discussion of Pet Trusts	Thomas Dickinson	This article explores the history of trusts created for the care and maintenance of companion animals under common law. It then examines the enactment of state pet trust laws, which now allow individuals to establish trusts to care for pets after their death. Finally, the paper discusses recent challenges in court to pet trusts for excessive amounts.
Detailed Discussion of Philosophy and Animals	Alissa Branham	This discussion examines the historical philosophical figures who contributed to the animal rights and welfare movement. Included are the philosophies of Rene Descartes, Immanuel Kant, and John Stuart Mill.
Detailed Discussion of Polar Bears and the Laws Governing Them in the Five Arctic States	Sarah R. Morgan	This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats.
Detailed Discussion of Police Shooting Pets	Pamela L. Roudebush	The following is a detailed analysis of current case law on the topic of police shooting pets.
Detailed Discussion of Police Shooting Pets Update	Jessica Swadow	This paper will begin by outlining how legal claims for the wrongful shooting of dogs are brought in court under 42 U.S.C. §1983, which allows individuals to sue for deprivation of civil rights by those acting under color of law. Associated defenses of qualified and municipal immunity will also be discussed. The paper then examines briefly how state claims may factor into this type of litigation. The next section focuses on how litigation involving the shooting of pets has evolved in the past ten years. It then concludes with an examination of how states and police departments are attempting to reduce such incidents and what, if anything, legislatures are implementing to address legal claims.
Detailed Discussion of Retail Pet Stores	Ashley Duncan	With such a large number of animals being housed and sold at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper examines the laws pertaining to the welfare of animals in retail pet stores at the federal and state level and comments on the welfare issues that still need to be addressed.
Detailed Discussion of Rhode Island Great Apes Laws	Elizabeth Love Marcero	This discussion analyzes the laws relevant to the possession of great apes in Rhode Island. The paper examines categories of individuals who possess great apes including persons using them as pets, exhibitors, zoos, sanctuaries, and circuses.
Detailed Discussion of Rodeos	Madison Steffey	This paper discusses rodeos in its most narrow form, ignoring similar events such as livestock shows or fairs and rodeos in other countries. The paper begins by examining the origins of modern rodeos. It then discusses the format of most rodeos and how each animal is used. Relevant federal and state laws are discussed. The minimal protections of rodeo animals through federal and state laws leads to an examination of local city ordinances that offer more specific protections. Rodeo associations’ sway in regulation is also explored. The paper concludes with a determination that rodeo associations’ influence may finally be giving way to changes by animal advocates that are beneficial to the various people and animals involved in the rodeo industry, at least at the local level.
Detailed Discussion of South Carolina Great Ape Laws	Rebecca F. Wisch	The following article discusses Great Ape law in South Carolina. In the state of South Carolina, there is no specific law that mentions great apes or contains an outright ban on private ownership of great apes. Any protection great apes receive in the state is due to their status as federally-protected endangered species. Regulations issued under the authority of the South Carolina Nongame and Endangered Species Conservation Act ban the possession of federally-listed endangered or threatened species except by scientific or conversation permit issued by the South Carolina Department of Natural Resources. This would exclude many uses of apes in the private sector. Great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. However, this law excludes certain activities permitted under Title 50 of the state’s fish and game code such as scientific collection and zoological purposes.
Detailed Discussion of South Dakota Great Ape Laws	Rebecca F. Wisch	The following article discusses Great Ape law in South Dakota. Generally, in South Dakota, it is unlawful to possess a great ape in the state of South Dakota under the state’s endangered species law. Violation of that chapter is a misdemeanor.In the event that the endangered species law is bridged, South Dakota requires possessors of “captive nondomestic mammals” to obtain a permit. Additionally, great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. The law excludes properly conducted scientific experiments or investigations performed by personnel following guidelines established by the National Institute of Health and the United States Department of Agriculture
Detailed Discussion of State Animal "Terrorism"/Animal Enterprise Interference Laws	Cynthia F. Hodges	State animal terrorism laws have been enacted to protect agricultural research and production. The laws prohibit acts that obstruct, impede, or disrupt agricultural operations, research, or experimentation conducted at an animal facility. A person who violates a state animal terrorism law may be charged with a misdemeanor or a felony, face a stiff fine and prison term, and may be required to pay restitution. Opponents of such laws argue that they may violate state and federal constitutional rights.
Detailed Discussion of State Cat Laws	Rebecca F. Wisch	This discussion analyzes the relevant state laws that affect cats. It also raises and attempts to answer several questions directed to cat owners, including licensing of cats, the feral cat problem, and state vaccination requirements.
Detailed Discussion of State Dog Impound Laws	Rebecca F. Wisch	This paper explores state and municipal dog impound laws, focusing specifically on loose dog laws, dogs chasing livestock laws, and public health laws. In doing so, the paper examines grants of police power to seize and destroy dog and what due process requirements constrain these state actions.
Detailed Discussion of State Emergency Planning Laws for Pets	Cynthia F. Hodges	Since 2005, major changes have been made to federal and state emergency planning laws with respect to animals. State laws require emergency plans to include steps to be taken during a disaster, including evacuation, rescue and recovery, shelters and tracking.
Detailed Discussion of State Spay and Neuter Laws	Cynthia F. Hodges	A majority of states have enacted laws requiring releasing agencies to sterilize cats and dogs they adopt out in an effort to reduce the number of unwanted animals. Exceptions to the mandatory sterilization laws are often made for owners and for medically unfit animals. Violations are punishable both civilly and criminally.
Detailed Discussion of Swap Meet Laws	Zoe Friedland	This article provides a detailed definition of swap meets and explores both existing laws that could be used to regulate swap meets and swap-meet specific legislation. It analyzes swap meet regulations at the local and state level. It concludes with some thoughts about how to make swap meet laws more effective, and how political barriers stand in the way of doing so.
Detailed Discussion of Tennessee Great Apes Laws	Elizabeth Love Marcero	The following article discusses Great Ape law in Tennessee. Under Tennessee’s exotic animal law, great apes are considered Class I wildlife, meaning that permitees must obtain a permit and meet housing requirements for the animals. Tennessee also indirectly regulates the possession of great apes by reference to the federal endangered species list. In addition, the state declares the unlawful commercial use of wildlife a Class A misdemeanor, or a Class E felony if the animal is valued at $500 or more.Additionally, Tennessee covers great apes under federal Endangered Species law. Great apes are also covered under the state’s anti-cruelty law. However, the law contains several exempt categories, including accepted veterinary practices, medical treatment by the owner or with consent of the owner, or bona fide experimentation for scientific research.
Detailed Discussion of Texas Animal Cruelty Laws	Gianna M. Ravenscroft	This article provides an in-depth look at the intricacies of Texas animal cruelty laws. Both the criminal and civil statutes are discussed, as is relevant case law. Additionally, this article introduces a new Texas law governing the keeping of dangerous wild animals.
Detailed Discussion of Texas Great Ape Laws	Hanna Coate	The following discussion begins with a general overview of the various Texas state statutes and regulations affecting the several species of 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 the Bald and Golden Eagle Protection Act	Rebecca F. Wisch	This article explores the history and text of the BGEPA. It further examines the relevant legal issues spawned by the Act, including free exercise challenges by Native Americans, the abrogation of treaty rights, commerce in eagle parts, and requisite intent for criminal prosecution under the Act.
Detailed Discussion of the Equine Activity Liability Act	Heidi Walson	This article discusses the trends in state Equine Activity Liability Statutes (EALA). Included are the general provisions of EALA statutes, policy reasons behind their adoption, exceptions under the statutes, and recent cases that interpret these acts.
Detailed Discussion of the Ethical Treatment of Invasive Species	Bradley Varner	This paper broadly defines what an invasive species is and why they pose a threat to indigenous ecological communities. The first section will examine the legislation aimed at protecting native ecologies from invasives and how these laws are often silent on the animal welfare component. The paper then examines the threat invasive species pose through four species case studies. It concludes with suggestions on how current laws and conservation policies inadequately evaluate animal welfare in the US and how future proposals should include a cost-benefit analysis for native and invasive species.
Detailed Discussion of the Exotic Pet Trade	Asia Siev	I. Introduction The term ‘exotic pet’ is vague and nebulous. It contains anything from the common parakeet to a Bengal tiger. They are undomesticated, their genetics and traits have not been selectively chosen by humans for millennia like dogs or cats.

Detailed Discussion of Oregon Great Ape Laws

Hanna Coate

The following discussion begins with a general overview of the various Oregon 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 Pennsylvania Great Ape Laws

Elizabeth Love Marcero

The following article discusses Great Ape law in Pennsylvania. While the state of Pennsylvania controls possession and importation of “exotic wildlife” by law, the definition of “exotic wildlife” is vague as to whether it includes great apes. Instead, Pennsylvania regulates the possession of great apes by administrative regulation and reference to the federal endangered species list. In addition, Pennsylvania’s administrative code addresses the commercial use of great apes in menageries with a USDA Class C Exhibitor permit.Like other states, Pennsylvania does not define great apes as “endangered” under its own endangered species law. It does, however, define endangered and threatened species to include federally listed endangered and threatened species under its accompanying regulation. Finally, great apes are covered under the state’s anti-cruelty law.

Detailed Discussion of Pet Trusts

Thomas Dickinson

This article explores the history of trusts created for the care and maintenance of companion animals under common law. It then examines the enactment of state pet trust laws, which now allow individuals to establish trusts to care for pets after their death. Finally, the paper discusses recent challenges in court to pet trusts for excessive amounts.

Detailed Discussion of Philosophy and Animals

Alissa Branham

This discussion examines the historical philosophical figures who contributed to the animal rights and welfare movement. Included are the philosophies of Rene Descartes, Immanuel Kant, and John Stuart Mill.

Detailed Discussion of Polar Bears and the Laws Governing Them in the Five Arctic States

Sarah R. Morgan

This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats.

Detailed Discussion of Police Shooting Pets

Pamela L. Roudebush

The following is a detailed analysis of current case law on the topic of police shooting pets.

Detailed Discussion of Police Shooting Pets Update

Jessica Swadow

This paper will begin by outlining how legal claims for the wrongful shooting of dogs are brought in court under 42 U.S.C. §1983, which allows individuals to sue for deprivation of civil rights by those acting under color of law. Associated defenses of qualified and municipal immunity will also be discussed. The paper then examines briefly how state claims may factor into this type of litigation. The next section focuses on how litigation involving the shooting of pets has evolved in the past ten years. It then concludes with an examination of how states and police departments are attempting to reduce such incidents and what, if anything, legislatures are implementing to address legal claims.

Detailed Discussion of Retail Pet Stores

Ashley Duncan

With such a large number of animals being housed and sold at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper examines the laws pertaining to the welfare of animals in retail pet stores at the federal and state level and comments on the welfare issues that still need to be addressed.

Detailed Discussion of Rhode Island Great Apes Laws

Elizabeth Love Marcero

This discussion analyzes the laws relevant to the possession of great apes in Rhode Island. The paper examines categories of individuals who possess great apes including persons using them as pets, exhibitors, zoos, sanctuaries, and circuses.

Detailed Discussion of Rodeos

Madison Steffey

This paper discusses rodeos in its most narrow form, ignoring similar events such as livestock shows or fairs and rodeos in other countries. The paper begins by examining the origins of modern rodeos. It then discusses the format of most rodeos and how each animal is used. Relevant federal and state laws are discussed. The minimal protections of rodeo animals through federal and state laws leads to an examination of local city ordinances that offer more specific protections. Rodeo associations’ sway in regulation is also explored. The paper concludes with a determination that rodeo associations’ influence may finally be giving way to changes by animal advocates that are beneficial to the various people and animals involved in the rodeo industry, at least at the local level.

Detailed Discussion of South Carolina Great Ape Laws

Rebecca F. Wisch

The following article discusses Great Ape law in South Carolina. In the state of South Carolina, there is no specific law that mentions great apes or contains an outright ban on private ownership of great apes. Any protection great apes receive in the state is due to their status as federally-protected endangered species. Regulations issued under the authority of the South Carolina Nongame and Endangered Species Conservation Act ban the possession of federally-listed endangered or threatened species except by scientific or conversation permit issued by the South Carolina Department of Natural Resources. This would exclude many uses of apes in the private sector. Great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. However, this law excludes certain activities permitted under Title 50 of the state’s fish and game code such as scientific collection and zoological purposes.

Detailed Discussion of South Dakota Great Ape Laws

Rebecca F. Wisch

The following article discusses Great Ape law in South Dakota. Generally, in South Dakota, it is unlawful to possess a great ape in the state of South Dakota under the state’s endangered species law. Violation of that chapter is a misdemeanor.In the event that the endangered species law is bridged, South Dakota requires possessors of “captive nondomestic mammals” to obtain a permit. Additionally, great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. The law excludes properly conducted scientific experiments or investigations performed by personnel following guidelines established by the National Institute of Health and the United States Department of Agriculture

Detailed Discussion of State Animal "Terrorism"/Animal Enterprise Interference Laws

Cynthia F. Hodges

State animal terrorism laws have been enacted to protect agricultural research and production. The laws prohibit acts that obstruct, impede, or disrupt agricultural operations, research, or experimentation conducted at an animal facility. A person who violates a state animal terrorism law may be charged with a misdemeanor or a felony, face a stiff fine and prison term, and may be required to pay restitution. Opponents of such laws argue that they may violate state and federal constitutional rights.

Detailed Discussion of State Cat Laws

Rebecca F. Wisch

This discussion analyzes the relevant state laws that affect cats. It also raises and attempts to answer several questions directed to cat owners, including licensing of cats, the feral cat problem, and state vaccination requirements.

Detailed Discussion of State Dog Impound Laws

Rebecca F. Wisch

This paper explores state and municipal dog impound laws, focusing specifically on loose dog laws, dogs chasing livestock laws, and public health laws. In doing so, the paper examines grants of police power to seize and destroy dog and what due process requirements constrain these state actions.

Detailed Discussion of State Emergency Planning Laws for Pets

Cynthia F. Hodges

Since 2005, major changes have been made to federal and state emergency planning laws with respect to animals. State laws require emergency plans to include steps to be taken during a disaster, including evacuation, rescue and recovery, shelters and tracking.

Detailed Discussion of State Spay and Neuter Laws

Cynthia F. Hodges

A majority of states have enacted laws requiring releasing agencies to sterilize cats and dogs they adopt out in an effort to reduce the number of unwanted animals. Exceptions to the mandatory sterilization laws are often made for owners and for medically unfit animals. Violations are punishable both civilly and criminally.

Detailed Discussion of Swap Meet Laws

Zoe Friedland

This article provides a detailed definition of swap meets and explores both existing laws that could be used to regulate swap meets and swap-meet specific legislation. It analyzes swap meet regulations at the local and state level. It concludes with some thoughts about how to make swap meet laws more effective, and how political barriers stand in the way of doing so.

Detailed Discussion of Tennessee Great Apes Laws

Elizabeth Love Marcero

The following article discusses Great Ape law in Tennessee. Under Tennessee’s exotic animal law, great apes are considered Class I wildlife, meaning that permitees must obtain a permit and meet housing requirements for the animals. Tennessee also indirectly regulates the possession of great apes by reference to the federal endangered species list. In addition, the state declares the unlawful commercial use of wildlife a Class A misdemeanor, or a Class E felony if the animal is valued at $500 or more.Additionally, Tennessee covers great apes under federal Endangered Species law. Great apes are also covered under the state’s anti-cruelty law. However, the law contains several exempt categories, including accepted veterinary practices, medical treatment by the owner or with consent of the owner, or bona fide experimentation for scientific research.

Detailed Discussion of Texas Animal Cruelty Laws

Gianna M. Ravenscroft

This article provides an in-depth look at the intricacies of Texas animal cruelty laws. Both the criminal and civil statutes are discussed, as is relevant case law. Additionally, this article introduces a new Texas law governing the keeping of dangerous wild animals.

Detailed Discussion of Texas Great Ape Laws

Hanna Coate

The following discussion begins with a general overview of the various Texas state statutes and regulations affecting the several species of 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 the Bald and Golden Eagle Protection Act

Rebecca F. Wisch

This article explores the history and text of the BGEPA. It further examines the relevant legal issues spawned by the Act, including free exercise challenges by Native Americans, the abrogation of treaty rights, commerce in eagle parts, and requisite intent for criminal prosecution under the Act.

Detailed Discussion of the Equine Activity Liability Act

Heidi Walson

This article discusses the trends in state Equine Activity Liability Statutes (EALA). Included are the general provisions of EALA statutes, policy reasons behind their adoption, exceptions under the statutes, and recent cases that interpret these acts.

Detailed Discussion of the Ethical Treatment of Invasive Species

Bradley Varner

This paper broadly defines what an invasive species is and why they pose a threat to indigenous ecological communities. The first section will examine the legislation aimed at protecting native ecologies from invasives and how these laws are often silent on the animal welfare component. The paper then examines the threat invasive species pose through four species case studies. It concludes with suggestions on how current laws and conservation policies inadequately evaluate animal welfare in the US and how future proposals should include a cost-benefit analysis for native and invasive species.

Detailed Discussion of the Exotic Pet Trade

Asia Siev

I. Introduction

The term ‘exotic pet’ is vague and nebulous. It contains anything from the common parakeet to a Bengal tiger. They are undomesticated, their genetics and traits have not been selectively chosen by humans for millennia like dogs or cats.

I. Introduction

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