Articles

This overview examines the legal issues that arise when animal activist take extreme measures to document animal cruelty. Their actions, ofter termed "ecoterrorism," often involve taking photographs of alleged animal cruelty that can often be admitted at trial. However, many states have begun to enact laws targeting the actions of animal activists.

A summary of the key provisions of the US Endangered Species Act.

This legal summary contends that trainers should be held criminally liable when racehorses break down under the New York anti-cruelty statute, Agriculture and Markets Law § 353. This section prohibits anyone from unjustifiably overdriving, torturing, injuring, or killing animals. By racing unfit horses, the trainers are not only withholding medical care, but are causing pain and further injury to the horses, which is cruel under the statute. Knowingly racing an unfit horse meets the definition of “cruelty” under § 353, and a guilty trainer should be held to account.

This article provides a detailed consideration of the nature and scope the United States Animal Welfare Act.

This gives a somewhat detailed view of the relationship between a veterinarian and client.

This article presents an overview of the laws affecting wildlife rehabilitators. The statutes and regulations of nine states (Colorado, Florida, Georgia, Indiana, New York, Maine, North Dakota, Oregon, and Texas) are compared as to requirements for licensing. Legal issues that arise in the practice of rehabilitation are also discussed.

This article contains the introductory remarks for Volume 18, part 2.

It is widely accepted that animals are viewed as property under the law. It is equally apparent, however, that animals are much more than the average inanimate piece of personal property. The law of standing should reflect that animals are creatures with interests worthy of legal protection in their own right. Thus, while the courts may inevitably continue to recognize animals as property, animals are qualitatively different and the courts can and must take this into consideration when deciding the issue of standing.

In response to the 2009 European Union (EU) ban on the import and export of most products made from seals, Canada and Norway, as large producers of seal products, have initiated proceedings against the EU for violating World Trade Organization (WTO) law. The authors of this law review, Robert Howse and Joanna Langille, promote the EU’s position and argue that animal welfare has long been a genuine motivation for legislation. More specifically, the authors of this law review argue that expressions of a community’s moral and spiritual belief are a legitimate basis for trade restriction.

The purpose of this Note is to consider the widespread implications of United States v. Stevens. Specifically, this Note will consider the likelihood of future findings of a compelling governmental interest, the level of harm required when balancing competing interests, Congress's ability to supplement ineffective laws, and the Court's ability to recognize new categories of speech unworthy of even basic First Amendment protection.

This outline provides links to the cases that relate to the sale of companion animals. While not an exhaustive list, it does provide a sampling of the case law in the area.

This overview explores the recent changes in probate law related to wills and trusts for the continuing care of animals.

This article recounts a modern-day King Solomon story: the baby is the animals left behind during Hurricane Katrina; the two mothers claiming ownership of the “baby” are the original owners of the animals and those who adopted the animals after the hurricane; and the role of King Solomon is played by judges in the custody cases that arose after the storm. This article provides a summary of those custody disputes while examining the question of whether those who left their pets behind during Hurricane Katrina have the right to reclaim them from the animals’ new adoptive family. The animals of Hurricane Katrina became trapped in the middle of an unfortunate and complicated situation largely because of defects in our national policies and laws regarding animals and disasters. Therefore, this article also reviews legislative changes that have and should occur concerning pets and disasters, pet adoption, and animals as property.

This article touches on the evolution of property classifications through history and suggests that the time has arrived for society to re-conceptualize its view on animals as personal property. Re-categorizing animals as equivalent, sentient beings has the potential to affect current search and seizure practices under the Fourth Amendment to the Constitution. This article proposes policy changes that could significantly benefit neglected and abused animals, while still recognizing the fundamental liberty interests of pet owners.

This Comment examines the reasons for breed-specific legislation and looks at some of the human factors behind the “breed” problem. It argues that instead of targeting specific breeds, municipalities should enforce existing animal control laws and punish the human behavior that leads to dog attacks. This Comment concludes that laws addressing human behavior, rather than breed bans, are a better long-term solution to further public safety and animal welfare.

In “Playing Noah,” John Copeland Nagle investigates the difficulty of protecting all endangered species through the implementation of the Endangered Species Act. In doing so, Nagle looks at utilitarian arguments and concludes that these arguments do not justify treating all species equally. Instead, Nagle concludes that religious, moral, or ethical arguments provide a better justification. Specifically, Nagle contends that the book of Genesis provides a compelling case for protecting all endangered species.

This paper is intended to serve as a summary of the main provisions in the Prevention of Cruelty to Animals Act 1979 (POCTAA), which is the primary piece of legislation that aims to protect animals from cruelty in New South Wales, Austrailia. Attempts have been made to offer critical analysis, and suggestions for reform, where possible. This paper is not intended to be an exhaustive summary of the POCTAA. Rather, it is a work in progress.