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Methods and Welfare Considerations for Behavioral Research Adrian R. Morrison, D.V.M., Ph.D., Hugh L. Evans, Ph.D., Nancy A. Ator, Ph.D., Richard K. Nakamura, Ph.D., and the editorial assistance of Deborah Faryna Behavioral research has made significant contributions to the understanding, treatment, and prevention of behavioral disorders. Experimental animals play an essential role in this work. The National Institute of Mental Health (NIMH), together with other institutes of the National Institutes of Health (NIH) that have relevant research programs, prepared this handbook. The handbook provides a description of and references for commonly used behavioral research methods and associated animal welfare considerations in accordance with Federal laws governing animal research. It is intended to assist Institutional Animal Care and Use Committees (IACUCs) in their reviews of protocols involving animal behavior and animal cognition, particularly when expertise is not available on the committee, and to assist investigators in planning their experiments.
MILITARY WORKING DOGS: CLASSIFICATION AND TREATMENT IN THE U.S. ARMED FORCES Sarah D. Cruse This Article explores and evaluates the use of canines by the United States (U.S.) Armed Forces as military working dogs, and examines the reasons why the current administrative classification of these dogs is inappropriate. The author examines the historical use of, and increasing reliance on, military working dogs by the U.S. Armed Forces from World War II to present day. This historical exploration traces the development of the federal statutes and military regulations that govern the Military Working Dog Program. Federal law currently categorizes military working dogs as 'equipment,' which grossly underestimates their role within the U.S. military and deprives these dogs of the opportunity to transition to a peaceful civilian life once they are deemed 'excess equipment' and retired from service. Categorization as equipment creates significant obstacles for service members, their families, and civilian parties who wish to adopt these dogs. This categorization also deprives military working dogs of ongoing medical care upon retirement, eligibility for recognition and commendation, and burial in national military cemeteries. Despite some of the recent improvements made in the military's treatment of these dogs, more work is needed. This Article urges Congress to recategorize military working dogs as canine members of the armed forces in order to properly honor their service to this country, and to protect the dignity of these dogs upon retirement.
Model National Animal Welfare Legislation: Commentary Jaime K. Olin

This paper examines the necessary components for drafting model animal law legislation in any country. It begins with a discussion on the general standards of conduct for legislation that views animals as sentient beings. The paper then delves into issues that should be addressed in any animal welfare legislation, such as specific concerns of companion animals and food animals, as well as the legal aspects of imposing criminal regulations among other issues.

Modern Trends in Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine Mary Margaret McEachern Nunalee & G. Robert Weedon

The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.

Monkeys and Horses and Ferrets...Oh My! Non-Traditional Service Animals Under the ADA Robert L. Adair

This article analyzes the major cases involving non-traditional service animals. Part II looks at those species that have been viewed as potentially presenting a danger to their owners or the public, examining the use of non-human primates and snakes. Part III examines cases where people seek to pass their pets off as service animals, discussing miniature horses, ferrets, and the difference between therapy animals versus service animals. Part IV is a discussion of potential conflicts between the federal ADA and state or local laws regarding non-traditional service animals. Finally, Part V concludes that the present regulatory system is adequate and should remain in place.

Mythic Non-Violence Tamie L. Bryant

In this essay the author claims that mythic rejection of violence harms animals and their advocates in the following ways: (1) it lays the foundation for the claims of institutional (ab)users of animals that they do not and would not treat animals cruelly or violently because they are participants in the mainstream values of the society; (2) it results in traumatic silencing of advocates because of public disbelief that so much violence against animals could be occurring in a society that abhors violence; (3) it creates broad-brush oppositional categories such that animals’ advocates can be painted as violent actors in a society that rejects violence; and (4) it hinders full consideration among advocates as to what advocates themselves consider “violent” means of protecting animals for fear that such discussion might allow for any amount of violence and, thereby, discredit animals’ advocates and their cause.

Natural Behavior Jeffrey Moussaieff Masson

This introduction to Volume 16 is provided by Jeffrey Moussaieff Masson, author of such book as When Elephants Weep, and The Pig Who Sang. to the Moon.

Nelson v. State Board of Veterinary Medicine: The Commonwealth Court Carves A Sharper Definition of Veterinary Malpractice Kim Eileen Bell

This survey provides a foundation of some basic animal law doctrine, as well as the current state of the law of veterinary malpractice in the United States and, more narrowly, in Pennsylvania. It then examines the Nelson case and how the Commonwealth Court came to its conclusion that rude behavior toward a human client does not constitute malpractice of the animal patient. This survey then renders an evaluation and critique of the Commonwealth Court's decision from the viewpoint of administrative law.

Never Enough: Animal Hoarding Law Courtney G. Lee ABSTRACT Animal hoarding, a disorder that causes sufferers to acquire animals compulsively despite the inability or unwillingness to provide them with adequate care, is a widespread, costly, often underestimated problem that causes more animal suffering than all acts of intentional cruelty combined. Not only are animals harmed, but humans are as well, from dependents that live with hoarders to members of the surrounding communities to the hoarders themselves. Current laws do not address the issue effectively, and recidivism rates are close to 100%. This Article seeks to increase awareness of the animal hoarding problem and offers suggestions as to how the law might evolve to better manage and resolve these complex cases.
New Law to Ensure the Protection of Animals in Spain Teresa Gimenez-Candela

This articles give an over view of the 2007 Spanish law for the protection of animals - In English.

New Law to Ensure the Protection of Animals in Spain Teresa Gimenez-Candela Law 32/2007, of 7th November for the care of animals during their exploitation, transport, experimentation and sacrifice. The law is composed of a Preamble and is structured in three titles, and is completed by an additional provision and six final provisions. This Act provides, in compliance with the European Community mandate, a set of principles on the care of animals and a schedule of offences and penalties that gives legal effect to the obligations under current regulations. The Act also provides the foundation for the system of penalties. This is accomplished by establishing a common denominator policy under which the autonomous local communities may exercise their powers. That common denominator guarantees the consistency necessary for the operation of the applicable rules and ensures a minimum proportionality in the sanctions.
NEW ZEALAND’S ANIMAL WELFARE ACT: WHAT IS ITS VALUE REGARDING NON-HUMAN HOMINIDS? Paula Brosnahan New Zealand's Animal Welfare Act has been touted as a world first in great ape protection, and that may be true. However, it has also been depicted as an act conferring basic legal rights on great apes, and that is an exaggeration. Challenging the legal status of great apes in any jurisdiction requires sound, factual propositions. Therefore, the background and breadth of New Zealand's protections must be understood before proponents of change employ them as precedent. This essay offers a brief history of the non-human hominid provisions of New Zealand's Animal Welfare Act.
No Pets Allowed: Housing Issues and Companion Animals Rebecca J. Huss

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.

No Shelter from the Storm: How the Execution of Pets by Law Enforcement at Beauregard Middle School in St. Bernard Parish in the Aftermath of Katrina Violated the Constitutional Rights of Pet Owners Kelly A. Jenkins

This paper explores the Fourth Amendment rights of a dog owner when law enforcement executes his/her canine companion. This paper is framed around the experiences of St. Bernard Parish, Louisiana residents who evacuated to Beauregard Middle School during Hurricane Katrina.

NO WAY TO TREAT MAN’S BEST FRIENDS: THE UNCOUNTED INJURIES OF ANIMAL CRUELTY VICTIMS Samantha D.E. Tucker As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders’ sentences only if they injure human victims. This Note considers the development of anti-cruelty laws and explores how sentencing guidelines, victim injury points, and other sentence enhancement mechanisms function in U.S. criminal justice systems. It examines how multiple states treat victim injury, focusing particularly on Florida where, in October 2011, a Florida Assistant State Attorney—in what was likely the first attempt of its kind—sought to score victim injury points against an offender who brutally stabbed a dog. By looking at legislative intent, and other persuasive authority, this Note argues that courts can and should enhance the sentences of offenders who victimize animals. It contends that legislatures should clear up any statutory ambiguity by making it explicitly clear that the criminal justice system should treat animals as victims. Using history and current trends for support, this Note argues that we should award the same number of victim injury points for animals as people. It also looks at several other facets of practical application, such as which animals would qualify as victims for the purpose of victim injury points and how we can make animal victims and victim injury points a priority in the criminal justice system.
Non-Economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule Victor E. Schwartz and Emily J. Laird

This article argues that allowing non-economic damages in pet cases is unsound public policy and contravenes traditional tort rules of damages. Further, the authors suggest that legislative attempts to cap non-economic damages in pet cases are not a helpful compromise. Allowing non-economic damages ignores established common law principles in tort law and will potentially harm animals by raising the cost of veterinary care.

Non-Economic Damages: Where Does It Get Us and How Do We Get There? Sonia S. Waisman

A new movement in tort law seeks to provide money damages to persons losing a companion animal. These non-compensatory damages are highly controversial, and spark a debate as to whether such awards are the best thing for the animals—or for the lawyers. Would a change in the property status of companion animals better solve this important and emotional legal question?

Non-Violence and the Animal Rights Movement Jerry Simonelli

The article explores the history of the non-violent protest movement starting with Gandhi and Dr. King and brings the issue into the present animal rights movement.

NONECONOMIC DAMAGE AWARDS IN VETERINARY MALPRACTICE: USING THE HUMAN MEDICAL EXPERIENCE AS A MODEL TO PREDICT THE EFFECT OF NONECONOMIC DAMAGE AWARDS ON THE PRACTICE OF COMPANION ANIMAL VETERINARY MEDICINE Steve Barghusen

Many scholars have argued for and against the recovery of noneconomic damages in cases of veterinary malpractice involving companion animals. However, scholarship has not focused on the results that allowing noneconomic damages may have on the structure of companion animal veterinary practices. This Article uses the human medical field as a predictive model to explore the potential effects of granting noneconomic damages in veterinary malpractice cases. The author argues that awarding damages substantial enough to encourage increased litigation will result in significant changes in the field of veterinary medicine. Allowing for recovery of noneconomic damages will make veterinary care more expensive and will not significantly deter negligent malpractice. Individuals will pay more for veterinary care or companion animals will receive less care if high noneconomic damage awards become the norm in veterinary malpractice cases. Although these changes will affect all veterinary facilities, ironically, high quality veterinary facilities may be more likely to be sued than their lower quality counterparts. The author concludes by discussing alternatives to malpractice litigation, the human-animal bond, and the possible factors contributing to the high cost of human medicine in the United States.

Norway Animal Welfare Act of 2010 Short Summary Norway

This document provides a short summary of the various provisions of the 2010 Norway Animal Welfare Act.

Norway Government Notes on 2010 Animal Welfare Act Norway Government

This document, written by Norway's government, gives an overview of the various sections of the new 2010 Animal Welfare Act.

Norweyian (Norwegian) Animal Law - On Its Way to Rightfulness for Animals? Live Kleveland Karlsrud

This article provides an overview of the current laws of Norway for the protection of animals.

Norweyian (Norwegian) Animal Law - On Its Way to Rightfulness for Animals? Live Kleveland Karlsrud

This article provides an overview of the current laws of Norway for the protection of animals.

NOT ALL DOGS GO TO HEAVEN: JUDAISM’S LESSONS IN BEASTLY MORALITY Mark Goldfeder This Essay examines the moral status of animals and the definition of humanity under traditional Jewish law, as contained in Biblical texts and commentaries by ancient and historical Jewish scholars. Examining whether animals are capable of moral behavior, it provides examples from various Judaic sources to support the idea that animals are capable of making conscious, moral choices. This Essay goes on to investigate the effect that morality has on the rights and rewards given to animals under Jewish law, and whether, as conscious moral actors, animals have souls. Turning more broadly to the definition of humanity, this Essay discusses whether there might be an expansive contextual definition that would encompass animals with the cognitive ability to communicate and interact like people. Possible tests for humanity under Jewish law, all of which could include animals, such as the contextual/functionality test, or the moral intelligence test, suggest that from a Jewish law perspective, animals that possess the ability to make moral choices may be more human than not.
Oats, Water, Hay, And Everything Else: The Regulation of Anabolic Steroids In Thoroughbred Horse Racing Bradley S. Friedman

This Article provides an overview of those anabolic steroid regulations in the context of the history of regulation in Thoroughbred horse racing. This Article concludes that while the current limitation on the effectiveness of anabolic steroid regulation is a lack of research and accurate laboratory testing, using a pervasive federal law might be the most effective way of ending the use of anabolic steroids in horse racing.

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