Articles

Title Sort descending	Author	Summary
Detailed Discussion of the Gray Wolf's Change in Status on The Endangered Species List from 2005 to the Present	Erin Furman	This paper focuses on the changes that have occurred from 2005 to the present in each DPS, including three non-essential experimental populations located in Yellowstone, Central Idaho, and the southwestern U.S.; the Northern Rocky Mountain DPS; and the Western Great Lakes DPS.
Detailed Discussion of the Humane Methods of Slaughter Act	Cynthia F. Hodges	The Humane Methods of Slaughter Act (HMSA) is federal legislation that requires that only humane methods of slaughtering and handling livestock in connection with slaughtering be used. Before being shackled, hoisted, thrown, cast, or cut, livestock animals must be rendered insensible to pain by being gassed, electrocuted, or shot in the head with a firearm or captive bolt stunner. HMSA does not apply to birds or animals killed in ritual slaughter, and lacks a general enforcement provision.
Detailed Discussion of the Laws Affecting Zoos	Kali S. Grech	This paper examines the laws pertaining to zoo animals on the international, federal, and state level, along with voluntary standards, not mandated by law. On the international level there are only regulations which apply to the trade of the species between international countries, limiting how many can be imported and exported and how they are transported. On the federal level, those laws most important to zoo animals are the Animal Welfare Act and the Endangered Species Act. The AWA sets minimum standards for the care, handling, housing, and transport of animals exhibited in zoos. The ESA applies to those animals listed as threatened or endangered, but even then exhibition alone will never constitute a violation. State laws consist of anti-cruelty statutes that come into force only after a violation has occurred. Voluntary associations such as the American Zoo Association set higher standards of care for their members, in some instances, than the minimum standards set forth in the Animal Welfare Act. Using the elephant as a case study, this paper exposes the inadequacies of our existing laws, which have resulted in unfortunate incidents nationwide. It also exposes the underground trade of surplus zoo animals, which continues because of the lacking enforcement of current laws.
Detailed Discussion of the Laws Concerning Invasive Species	Cassandra Burdyshaw	This paper introduces the concept of invasive species and give examples of how they threaten the economy and ecosystem and human health. It then examines the federal laws that address invasive species, as well as examples of state responses to invasive species. The methods of control and eradication of invasive species are explained. Finally, the paper discusses the impact that these laws and methods have on animal welfare.
Detailed Discussion of the Laws Governing Kangaroo Culling in Australia	Jordan Sosnowski	This article provides a detailed discussion of the laws governing kangaroo culling in Australia. The paper analyses both the commercial and non-commercial industry and makes an evaluation as to the legislation's effectiveness. The article also discusses other issues such as enforcement, animal and consumer welfare, as well as the sustainability of the industry.
Detailed Discussion of the Laws Regulating Rescue and Foster Care Programs for Companion Animals	Kristen Pariser	This article will focus primarily on the rescue and foster care issues. Some of the types of laws that impact companion animal rescue and foster care organizations include legislative definitions, licensing, sterilization and vaccination, pet limit laws, zoning and nuisance laws, tethering laws, Breed Specific Legislation (or BSL), tort liability, and reimbursement for medical care in cruelty cases. While some examples will be given here, a rescue organization or foster care provider should check the specific state and city laws where they are located.
Detailed Discussion of the Legal Protections of Animals in Filmed Media	Vincent Rizzo	This paper will focus on how the legal system and the entertainment industry protect animal actors from abuse. First, it will outline the history of animals in filmed media. Next, the modern use of animals in filmed media will be discussed. Finally, the paper analyzes the laws protecting animals in filmed media including federal protections, state protections and the entertainment industry standard.
Detailed Discussion of the Licensing and Regulation of Pet Shops (U.K.)	Alan Bates	Detailed discussion of the Pet Animals Act 1951 which provides for the licensing of pet shops by local authorities, and prohibits the sale of pet animals in public places and from market stalls, and to persons under 12 years of age.
Detailed Discussion of the Migratory Bird Treaty Act	Kristina Rozan	This paper summarizes the history of the MBTA. It describes the current version of the law, including administrative responsibilities, the criteria used to define the list of covered birds species, the types of behavior that trigger enforcement, and the penalties for violators. The paper covers the major legal controversies that characterize the split in the courts’ decisions and proposed amendments. It also highlights some of the MBTA issues making headlines today. The discussion concludes with questions about the Act’s future, and Part VII is a timeline of the important moments in the MBTA.
Detailed Discussion of the Offences of Cruelty to Domestic and Captive Animals (U.K.)	Alan Bates	Detailed discussion of the offences of cruelty to domestic and captive animals. These offences are contained in section 1(1) of the Protection of Animals Act 1911 and section 1 of the Abandonment of Animals Act 1960.
Detailed Discussion of Utah Great Ape Laws	Rebecca F. Wisch	The following article discusses Great Ape law in Utah.Utah does not have a law dealing with great apes, but addresses use and possession through regulations issued under the authority of the state’s Wildlife Resources Code. Additionally, only some great apes are protected under Utah’s anti-cruelty laws. The law prohibits both affirmative acts of cruelty such as torture or unjustified killing, and the failure to provide necessary food, water, care, or shelter for an animal in the person's custody. Exceptions to the definition of “animal” exclude those animals owned or kept by a AZAA accredited zoological park or temporarily in the state as part of a circus or traveling exhibitor licensed by the USDA.
Detailed Discussion of Vermont Great Ape Laws	Elizabeth Love Marcero	The following article discusses Vermont Great Ape law. Like other states, Vermont does not define great apes as “endangered” under its own endangered species law. Instead, it covers great apes by reference to federal law. Great apes are also covered under the state’s anti-cruelty law. However, the law contains several exempt categories, including scientific research and veterinary medical or surgical procedures.
Detailed Discussion of Veterinarian Client Issues	Akisha R. N. McGee	This gives a detailed view of the boundaries of veterinarian-client relationships, as well as the regulations and administrative policies that make up those boundaries.
Detailed Discussion of Veterinarian Malpractice	David S. Favre	This article provides a short history of the development of veterinary malpractice as a cause of action and also explores the elements of a malpractice suit. It further delineates the concepts of standard of care, proximate cause, and res ipsa loquitur. Defenses to malpractice actions are also discussed.
Detailed Discussion of Veterinarian Malpractice	Angie Vega	This article provides an overview of the history and current status of veterinary malpractice in the United States. It delves into the specifics of this cause of action, legal an nonlegal alternatives, and defenses.
Detailed Discussion of Virginia Great Ape Laws	Rebecca F. Wisch	This discussion analyzes the laws relevant to the possession of great apes in Virginia. The paper examines categories of individuals who possess great apes including persons using them as pets, exhibitors, zoos, sanctuaries, and research facilities.
Detailed Discussion of Washington Great Ape Laws	Hanna Coate	The following discussion begins with a general overview of the various Washington 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 Welfare Standards for Animals Used in Zoos and Exhibition	Tala M. DiBenedetto	This paper will discuss federal, state, and private regulation of zoos, aquariums, and sanctuaries. It highlights the ways in which these regulatory mechanisms fail to adequately protect captive wildlife, whether they be held at larger, accreditor facilities or small, roadside zoos. It also highlights meaningful distinctions separating credible zoos, aquariums, and sanctuaries from problematic roadside zoos through compliance with government standards or those set through voluntary, private accreditation.
Detailed Discussion of West Virginia Great Ape Laws	Rebecca F. Wisch	The following article discusses West Virginia Great Ape law. West Virginia has no law that restricts or otherwise mentions great apes. In fact, West Virginia does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only law to address great apes because it covers all animals is the state’s anti-cruelty provision. The law does except the humane use of animals or activities regulated under the Animal Welfare Act, and the law’s accompanying regulations. This would include scientific research and animal exhibitors licensed under the Animal Welfare Act.
Detailed Discussion of Wildlife Rehabilitation Laws	Angela Nicole Johnson	This paper introduces the role of a wildlife rehabilitator, including the goals of rehabilitation. Section III discusses the permit and licensing requirements of wildlife rehabilitators, including demonstrating competency, preparedness, continuing education requirements, and permit renewals; Section IV addresses facility adequacy and standards of care. Section V discusses the types of wildlife which may be rehabilitated and procedures for non-rehabitable or non-releasable wildlife. Section VI addresses other compliance considerations which are unique to some of the nine states studied. Section VII discusses the non-permit related legal issues that affect wildlife rehabilitators.
Detailed Discussion of Wildlife Services	Rachel Pemberton	This detailed discussion examines the history and philosophy of the USDA's "Wildlife Services." This agency has a mission "to provide Federal leadership in managing conflicts with wildlife.” However, animal advocates have criticized the lack of science backing up the antiquated approach in managing wildlife and human economic conflicts. This paper explores the legal authorities and internal philosophies that guide WS’ activities; how WS selects and implements a variety of nonlethal and lethal methods for controlling wildlife; and contemporary challenges to WS’ practices.
Detailed Discussion of Wisconsin Great Ape Laws	Rebecca F. Wisch	The following article discusses Wisconsin Great Ape law. Wisconsin does not have a specific law that prohibits the possession of apes or otherwise addresses their care. The state has a chapter on captive wildlife with a number of provisions related to the possession of captive live wild animals, which would generally include great apes.The state’s endangered species law also prohibits the taking, transport, and possession of endangered or threatened species, including federally-listed species. It is unclear based on a reading of the law whether it requires state permits for foreign endangered species. The law specifically exempts zoological societies or municipal zoos from its reach. Finally, apes are covered generally under the state’s anti-cruelty laws as warm-blooded, non-human animals. The law prohibits treating animals in a cruel manner, which includes causing unnecessary and excessive pain, suffering, or unjustifiable death. Additionally, all animals kept in captivity must have adequate food, water, and shelter.
Detailed Discussion of Wyoming Great Ape Laws	Rebecca F. Wisch	The following article discusses Wyoming Great Ape law. Wyoming has no law that restricts or otherwise mentions great apes. In fact, Wyoming does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only possible reference that could include great apes is the definition for “exotic species” under the general fish and game code definitions. However, there are no accompanying restrictions on possession or importation of those exotic species. The state’s cruelty law is broad enough to include great apes. There are no exceptions under the cruelty for scientific research or testing.
Detailed Discussion on Whaling	Tom Krepitch	Much of today's discussions about whaling are centered on Japan's program in the Antarctic. While some organizations like Sea Shepherd have taken a direct action approach to ending Japan's hunt, some organizations and countries have pursued legal approaches to doing so. Both approaches have seen some success, but the future of whaling remains uncertain.
Detailed Discussion: Knick-Knack, Paddy-Whack, Give the Dog a Home?: Custody Determination of Companion Animals Upon Guardian Divorce	Tabby T. McLain	An article discussing the current state of the law and new directions in companion animal custody cases in divorce. Includes overview of the steps generally taken in property distribution upon divorce, and how companion animals might fit into that analysis.

Detailed Discussion of the Gray Wolf's Change in Status on The Endangered Species List from 2005 to the Present

Erin Furman

This paper focuses on the changes that have occurred from 2005 to the present in each DPS, including three non-essential experimental populations located in Yellowstone, Central Idaho, and the southwestern U.S.; the Northern Rocky Mountain DPS; and the Western Great Lakes DPS.

Detailed Discussion of the Humane Methods of Slaughter Act

Cynthia F. Hodges

The Humane Methods of Slaughter Act (HMSA) is federal legislation that requires that only humane methods of slaughtering and handling livestock in connection with slaughtering be used. Before being shackled, hoisted, thrown, cast, or cut, livestock animals must be rendered insensible to pain by being gassed, electrocuted, or shot in the head with a firearm or captive bolt stunner. HMSA does not apply to birds or animals killed in ritual slaughter, and lacks a general enforcement provision.

Detailed Discussion of the Laws Affecting Zoos

Kali S. Grech

This paper examines the laws pertaining to zoo animals on the international, federal, and state level, along with voluntary standards, not mandated by law. On the international level there are only regulations which apply to the trade of the species between international countries, limiting how many can be imported and exported and how they are transported. On the federal level, those laws most important to zoo animals are the Animal Welfare Act and the Endangered Species Act. The AWA sets minimum standards for the care, handling, housing, and transport of animals exhibited in zoos. The ESA applies to those animals listed as threatened or endangered, but even then exhibition alone will never constitute a violation. State laws consist of anti-cruelty statutes that come into force only after a violation has occurred. Voluntary associations such as the American Zoo Association set higher standards of care for their members, in some instances, than the minimum standards set forth in the Animal Welfare Act. Using the elephant as a case study, this paper exposes the inadequacies of our existing laws, which have resulted in unfortunate incidents nationwide. It also exposes the underground trade of surplus zoo animals, which continues because of the lacking enforcement of current laws.

Detailed Discussion of the Laws Concerning Invasive Species

Cassandra Burdyshaw

This paper introduces the concept of invasive species and give examples of how they threaten the economy and ecosystem and human health. It then examines the federal laws that address invasive species, as well as examples of state responses to invasive species. The methods of control and eradication of invasive species are explained. Finally, the paper discusses the impact that these laws and methods have on animal welfare.

Detailed Discussion of the Laws Governing Kangaroo Culling in Australia

Jordan Sosnowski

This article provides a detailed discussion of the laws governing kangaroo culling in Australia. The paper analyses both the commercial and non-commercial industry and makes an evaluation as to the legislation's effectiveness. The article also discusses other issues such as enforcement, animal and consumer welfare, as well as the sustainability of the industry.

Detailed Discussion of the Laws Regulating Rescue and Foster Care Programs for Companion Animals

Kristen Pariser

This article will focus primarily on the rescue and foster care issues. Some of the types of laws that impact companion animal rescue and foster care organizations include legislative definitions, licensing, sterilization and vaccination, pet limit laws, zoning and nuisance laws, tethering laws, Breed Specific Legislation (or BSL), tort liability, and reimbursement for medical care in cruelty cases. While some examples will be given here, a rescue organization or foster care provider should check the specific state and city laws where they are located.

Detailed Discussion of the Legal Protections of Animals in Filmed Media

Vincent Rizzo

This paper will focus on how the legal system and the entertainment industry protect animal actors from abuse. First, it will outline the history of animals in filmed media. Next, the modern use of animals in filmed media will be discussed. Finally, the paper analyzes the laws protecting animals in filmed media including federal protections, state protections and the entertainment industry standard.

Detailed Discussion of the Licensing and Regulation of Pet Shops (U.K.)

Alan Bates

Detailed discussion of the Pet Animals Act 1951 which provides for the licensing of pet shops by local authorities, and prohibits the sale of pet animals in public places and from market stalls, and to persons under 12 years of age.

Detailed Discussion of the Migratory Bird Treaty Act

Kristina Rozan

This paper summarizes the history of the MBTA. It describes the current version of the law, including administrative responsibilities, the criteria used to define the list of covered birds species, the types of behavior that trigger enforcement, and the penalties for violators. The paper covers the major legal controversies that characterize the split in the courts’ decisions and proposed amendments. It also highlights some of the MBTA issues making headlines today. The discussion concludes with questions about the Act’s future, and Part VII is a timeline of the important moments in the MBTA.

Detailed Discussion of the Offences of Cruelty to Domestic and Captive Animals (U.K.)

Alan Bates

Detailed discussion of the offences of cruelty to domestic and captive animals. These offences are contained in section 1(1) of the Protection of Animals Act 1911 and section 1 of the Abandonment of Animals Act 1960.

Detailed Discussion of Utah Great Ape Laws

Rebecca F. Wisch

The following article discusses Great Ape law in Utah.Utah does not have a law dealing with great apes, but addresses use and possession through regulations issued under the authority of the state’s Wildlife Resources Code. Additionally, only some great apes are protected under Utah’s anti-cruelty laws. The law prohibits both affirmative acts of cruelty such as torture or unjustified killing, and the failure to provide necessary food, water, care, or shelter for an animal in the person's custody. Exceptions to the definition of “animal” exclude those animals owned or kept by a AZAA accredited zoological park or temporarily in the state as part of a circus or traveling exhibitor licensed by the USDA.

Detailed Discussion of Vermont Great Ape Laws

Elizabeth Love Marcero

The following article discusses Vermont Great Ape law. Like other states, Vermont does not define great apes as “endangered” under its own endangered species law. Instead, it covers great apes by reference to federal law. Great apes are also covered under the state’s anti-cruelty law. However, the law contains several exempt categories, including scientific research and veterinary medical or surgical procedures.

Detailed Discussion of Veterinarian Client Issues

Akisha R. N. McGee

This gives a detailed view of the boundaries of veterinarian-client relationships, as well as the regulations and administrative policies that make up those boundaries.

Detailed Discussion of Veterinarian Malpractice

David S. Favre

This article provides a short history of the development of veterinary malpractice as a cause of action and also explores the elements of a malpractice suit. It further delineates the concepts of standard of care, proximate cause, and res ipsa loquitur. Defenses to malpractice actions are also discussed.

Detailed Discussion of Veterinarian Malpractice

Angie Vega

This article provides an overview of the history and current status of veterinary malpractice in the United States. It delves into the specifics of this cause of action, legal an nonlegal alternatives, and defenses.

Detailed Discussion of Virginia Great Ape Laws

Rebecca F. Wisch

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

Detailed Discussion of Washington Great Ape Laws

Hanna Coate

The following discussion begins with a general overview of the various Washington 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 Welfare Standards for Animals Used in Zoos and Exhibition

Tala M. DiBenedetto

This paper will discuss federal, state, and private regulation of zoos, aquariums, and sanctuaries. It highlights the ways in which these regulatory mechanisms fail to adequately protect captive wildlife, whether they be held at larger, accreditor facilities or small, roadside zoos. It also highlights meaningful distinctions separating credible zoos, aquariums, and sanctuaries from problematic roadside zoos through compliance with government standards or those set through voluntary, private accreditation.

Detailed Discussion of West Virginia Great Ape Laws

Rebecca F. Wisch

The following article discusses West Virginia Great Ape law. West Virginia has no law that restricts or otherwise mentions great apes. In fact, West Virginia does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only law to address great apes because it covers all animals is the state’s anti-cruelty provision. The law does except the humane use of animals or activities regulated under the Animal Welfare Act, and the law’s accompanying regulations. This would include scientific research and animal exhibitors licensed under the Animal Welfare Act.

Detailed Discussion of Wildlife Rehabilitation Laws

Angela Nicole Johnson

This paper introduces the role of a wildlife rehabilitator, including the goals of rehabilitation. Section III discusses the permit and licensing requirements of wildlife rehabilitators, including demonstrating competency, preparedness, continuing education requirements, and permit renewals; Section IV addresses facility adequacy and standards of care. Section V discusses the types of wildlife which may be rehabilitated and procedures for non-rehabitable or non-releasable wildlife. Section VI addresses other compliance considerations which are unique to some of the nine states studied. Section VII discusses the non-permit related legal issues that affect wildlife rehabilitators.

Detailed Discussion of Wildlife Services

Rachel Pemberton

This detailed discussion examines the history and philosophy of the USDA's "Wildlife Services." This agency has a mission "to provide Federal leadership in managing conflicts with wildlife.” However, animal advocates have criticized the lack of science backing up the antiquated approach in managing wildlife and human economic conflicts. This paper explores the legal authorities and internal philosophies that guide WS’ activities; how WS selects and implements a variety of nonlethal and lethal methods for controlling wildlife; and contemporary challenges to WS’ practices.

Detailed Discussion of Wisconsin Great Ape Laws

Rebecca F. Wisch

The following article discusses Wisconsin Great Ape law. Wisconsin does not have a specific law that prohibits the possession of apes or otherwise addresses their care. The state has a chapter on captive wildlife with a number of provisions related to the possession of captive live wild animals, which would generally include great apes.The state’s endangered species law also prohibits the taking, transport, and possession of endangered or threatened species, including federally-listed species. It is unclear based on a reading of the law whether it requires state permits for foreign endangered species. The law specifically exempts zoological societies or municipal zoos from its reach. Finally, apes are covered generally under the state’s anti-cruelty laws as warm-blooded, non-human animals. The law prohibits treating animals in a cruel manner, which includes causing unnecessary and excessive pain, suffering, or unjustifiable death. Additionally, all animals kept in captivity must have adequate food, water, and shelter.

Detailed Discussion of Wyoming Great Ape Laws

Rebecca F. Wisch

The following article discusses Wyoming Great Ape law. Wyoming has no law that restricts or otherwise mentions great apes. In fact, Wyoming does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only possible reference that could include great apes is the definition for “exotic species” under the general fish and game code definitions. However, there are no accompanying restrictions on possession or importation of those exotic species. The state’s cruelty law is broad enough to include great apes. There are no exceptions under the cruelty for scientific research or testing.

Detailed Discussion on Whaling

Tom Krepitch

Much of today's discussions about whaling are centered on Japan's program in the Antarctic. While some organizations like Sea Shepherd have taken a direct action approach to ending Japan's hunt, some organizations and countries have pursued legal approaches to doing so. Both approaches have seen some success, but the future of whaling remains uncertain.

Detailed Discussion: Knick-Knack, Paddy-Whack, Give the Dog a Home?: Custody Determination of Companion Animals Upon Guardian Divorce

Tabby T. McLain

An article discussing the current state of the law and new directions in companion animal custody cases in divorce. Includes overview of the steps generally taken in property distribution upon divorce, and how companion animals might fit into that analysis.

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