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STATUTES WITH FOUR LEGS TO STAND ON?: AN EXAMINATION OF "CRUELTY TO POLICE DOG" LAWS Craig Ian Scheiner Since 1978, forty states and one United States territory have passed laws to protect police dogs. Despite the numerous peculiarities contained in these laws, as well as the legal issues raised by them, none of the laws have been reviewed in academic literature. Although the courts have had little occasion to analyze the vast breadth of issues surrounding the police dog laws, there is much to be said about the components of the various statutes. This article examines the statutory requirements and prescribed penalties relating to police dog statutes and opens debate on the prudence and value of such laws. Whether the textual aspects of the police dog laws are worthy of praise or critique, or both, legal standards only address part of the story. The practical issues of police dog deployment must also be considered. In the final analysis, law enforcement agencies are vested with the discretion to direct deployment policy; hence, only they can truly protect the dogs from harm.
STEVENS, R.A.V., AND ANIMAL CRUELTY SPEECH: WHY CONGRESS'S NEW STATUTE REMAINS CONSTITUTIONALLY PROBLEMATIC J. Alexandra Bruce Abstract: The constitutionality of restrictions on speech depicting actual cruelty to animals is a question that continues to divide courts and commentators. In U.S. v. Stevens, the Supreme Court struck down a 1999 ban on depictions of animal cruelty. The Court invalidated the ban on its face because, as written, the statute extended beyond acts of actual animal cruelty to other forms of unlawful animal harm, such as hunting out of season. Thus, the Court did not resolve the core question presented.

Congress responded by drafting a new statute, one narrowed to “crush” videos--obscene depictions of animal cruelty--in an effort to avoid constitutional problems. This new statute, however, continues to raise constitutional and public policy concerns--despite its recent upholding in the Fifth Circuit in United States v. Richards.

This article is the first to analyze the constitutional and public policy issues presented by Congress's new animal cruelty speech regulation. This article contends that the modified statute is poor public policy and remains constitutionally problematic. First, as a policy matter, the statute is ineffective because it fails to criminalize the most widespread and troubling form of animal cruelty speech: animal fighting videos. Second, the statute's overly narrow reach--limited to obscene depictions of animal cruelty--in fact increases its constitutional problems by triggering the “virulence” doctrine first articulated in R.A.V. Since courts are unlikely to view obscene depictions of animal cruelty as virulently “prurient” obscenity, as opposed to the kind of “morbidly” violent speech entitled to the protections of strict scrutiny as established in Brown, the statute will likely be invalidated.

The article concludes with an exploration of possible new legislation, which could effectively prevent animal cruelty, while also preserving free speech rights.
Strength in Numbers: Setting Quantitative Criteria for Listing Species Under the Endangered Species Act Kalyani Robbins

This article provides necessary background information on the ESA listing process. It discusses the numerous problems with the listing status quo, which combine to prevent us from meaningfully realizing the expectations Congress had for the listing process. It also provides the support for the primary thesis--that we can and should devise quantitative listing criteria--and suggests a superior model from which to work.

Subverting Justice: An Indictment Of The Animal Enterprise Terrorism Act Kimberly E. McCoy

The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals. The author notes the AETA targets individuals based solely on their political ideology and can deter these individuals from exercising their right to free speech due to the threat of being permanently branded as a terrorist. It is this infringement on First Amendment rights, coupled with the AETA’s overbreadth and vagueness, that lead the author to conclude the AETA is unconstitutional. The author also notes the many social policy flaws within the AETA and finds that the AETA is unnecessary, as existing laws cover every crime encompassed in its language. These defects lead the author to call for the AETA’s repeal and to suggest that individuals look to the judiciary for change.

Summary of 2008 Animal-Related Ballot Measures Rebecca F. Wisch

This overview provides a summary of the animal-related ballots measures presented to voters in 2008. Links to the text of the ballot measures are provided.

Summary of all Federal Animal Protection Statutes Henry Cohen This report contains brief summaries of federal animal protection statutes, listed alphabetically. It does not include treaties, although it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute’s purposes is to protect domestic and “game” animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes’ benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994).
Summary of Emotional Support Animal Cases Rebecca F. Wisch This document provides summaries of cases involving emotional support animals( ESAs). The specific issues decided by the courts range from breeds of dogs used for ESAs, the charging of fees or pet deposits, places an ESA can be taken, and use of an ESA in university housing, among many other topics. Links to the actual case are provided.
Summary of State Lost Property Statutes Rebecca F. Wisch

This summary provides links to the twenty or so states that have enacted lost and found property statutes. These statutes outline a procedure finders must follow when finding lost property, which supplement traditional property laws.

Survey of Damages Measures Recognized in Negligence Cases Involving Animals Alison M. Rowe This article will first articulate the various ways in which courts and legislatures have resolved negligence cases involving plaintiffs seeking emotion-based damages for harm done to their companion animals. Second, this article will provide an overview of the public policy issues surrounding recovery for emotional damages in tort cases involving animals. Finally, this article will explain how allowing non-economic damages in companion animal cases involving mere negligence would be unsound public policy and an unwise departure from established law.
Survey of Illinois Law: Liability for Animal-Inflicted Injury Harold W. Hannah

This article attempts to explain how Illinois law affects the liability of people who are owners or are in control of animals at the time that an injury occurs, as a consequence of that animal’s actions. The section of this article that is related to equine law discusses how there has been a growing concern of stable owners as a result of increased litigation and insurance costs with respect to equine activity injuries. Furthermore, the article mentions that the purpose of the Illinois Equine Activity Liability Act is to alleviate some risk of liability from those involved in equine activities.

Swan Song? Giving a Voice to Mute Swans in the Chesapeake Bay Michael Markarian and Jonathan R. Lovvorn Esq.

This article discusses the decision by the United States District Court to grant an injunction filed by the Fund for Animals to stop the killing of the federally protected mute swan. The authors suggest that more research needs to be conducted with regard to alleged harm the swans cause in the Chesapeake Bay. Moreover, alternatives to culling the population must be explored as this is required by multiple federal laws. Further, the authors suggest that we should not not blame the very species we introduced centuries ago or artificially arrest the natural progression of the various species in an ecosystem, be they native or exotic.

Symposium: Confronting Barriers To The Courtroom For Animal Advocates - Legal Standing For Animals And Advocates David Cassuto, Jonathan Loworn, and Katherine Meyer

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal’s interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish standing? In this panel, experts in animal litigation discuss the concept of establishing legal standing for animals and animal advocates; the panelists’ own experiences, including specific cases and creative methods used; and the future of legal standing for animals.

Symposium: Confronting Barriers To The Courtroom For Animal Advocates - Animal Advocacy And Causes of Action Carter Dillard, David Favre, Eric Glitzenstein, Mariann Sullivan, and Sonia Waisman

In the third panel of the NYU Symposium, distinguished animal law professionals discuss various causes of action which may be used on behalf of animals in the courtroom. Panelists talk about traditional forms of standing, make suggestions for innovation using existing laws, and discuss visions of how they would like to see the law develop as it pertains to standing for animals.

Symposium: Confronting Barriers To The Courtroom For Animal Advocates - Conclusion David J. Wolfson

David Wolfson concludes the events of the day by highlighting some of the significant issues raised by the participants in the conference, as well as the obstacles animal lawyers have faced and are working to overcome, including legal, political, and cultural barriers. Wolfson ends on an optimistic note, stating that given that the basic foundations of the animal protection movement are correct, the movement should ultimately be successful.

Symposium: Confronting Barriers To The Courtroom For Animal Advocates - Introduction Clayton Gillete and Joyce Tischler

On April 14, 2006, the Student Animal Legal Defense Fund of New York University School of Law hosted a symposium on how to overcome some common courtroom barriers faced by animal advocates. Panelists discussed cultural and legal transitions, legal standing for nonhuman animals, and potential causes of action. Symposium participants included prominent attorneys, authors, philosophers, and professors specializing in the field of animal protection law.

Symposium: Confronting Barriers To The Courtroom For Animal Advocates - Linking Cultural And Legal Transitions Taimie Bryant, Una Chaudhuri, and Dale Jamieson

In this discussion, panelists explore the many viewpoints society holds with respect to nonhuman animals. The discussion broadly covers ethics and what constitutes ethical behavior in this regard. The question dealt with is, largely, what is the appropriate ethical model to use when arguing that animals deserve better treatment and expanded rights? Unlike parallel movements for human civil rights or women’s equality, the animal rights movement has much greater hurdles to overcome when it comes to arguing that animals deserve equal treatment under the law. In an attempt to address this question, the dialogue touches upon many areas of human thought. The panelists take on diverse fields such as philosophy, science, anthropology, environmentalism, and feminism and use them to understand the past and present state of animal law. The analytical tools of these several disciplines are also applied to animal law in an attempt to develop a better model for the future.

Syracus Law Review Foreword Joyce Tischler This article provides the foreword to Syracuse Law Review's Symposium on Animal Law from 2017.
Table of Biological Facts on Great Apes Hanna Coate This chart details population trends and the habitat ranges for Great Apes (gorillas, bonobos, organgutans, gibbons, chimpanzees).
Table of Significant Animal-related Cases from 2009 Rebecca F. Wisch

This table gives summaries of some of the significant animal-related cases from 2009. Links are provided to the actual text of the cases that are summarized.

Table of State and Federal Laws Concerning Dogs Chasing Wildlife Joyce Tischler

This table, developed by Joyce Tischler of ALDF, summarizes the pertinent federal regulations and state laws related to dogs chasing wildlife. External links to state DNR sites listing further rules are also provided.

Table of State Humane Slaughter Laws Rebecca F. Wisch

This table presents an overview of state humane slaughter acts. It includes an examination of the legal methods of slaughter, religious/ritual exemptions, the animals covered, and the penalties for violation.

Take It to the Limit: The Illegal Regulation Prohibiting the Take of Any Threatened Species Under the Endangered Species Act Jonathan Wood Part II of this article will provide a brief background on the adoption of the Endangered Species Act. Part III will explain that the statute does not authorize the agencies to extend the take prohibition to all threatened species. Part IV will argue that returning to the statutory scheme would result in a fairer distribution of the costs of species protection by imposing the costs of prophylactic protection on agencies and the public generally. Burdening individuals would be a last resort, as Congress intended. Finally, Part V will identify how Congress' policy is a reasonable way to align private incentives with species protection. The statute's approach would encourage property owners to stop a threatened species' further slide, to avoid imposition of the take prohibition, and to recover endangered species to the point where they can be downlisted and the take prohibition lifted. This would make the statute more effective at accomplishing its primary goal - recovering species to the point that they no longer require protection.
Talkin' ‘ Bout a Humane Revolution: New Standards for Farming Practices and How They Could Change International Trade as We Know It Lesley Peterson

Part I of this Note analyzes the U.S.'s trade obligations under the GATT. Part II discusses the potential ability of various GATT provisions to support a trade measure banning battery cage eggs. Part III discusses the U.S.'s potential ability to create such an animal welfare provision. while upholding its obligations in the Agreements annexed to the GATT. The Note concludes that an appropriately tailored animal welfare measure banning battery cages for hens should be able to survive under the GATT and its annexed agreements.

Taxpayer Standing: A Step Toward Animalcentric Litigation Varu Chilakamarri

This comment takes a novel approach in animal law jurisprudence by evaluating the taxpayer standing doctrine and how animal welfare proponents may utilize it. The doctrine can potentially be used for public interest litigation whenever a link can be found between a social harm and the use of public monies.

TEACHING POSTHUMANIST ETHICS IN LAW SCHOOL: THE RACE, CULTURE, AND GENDER DIMENSIONS OF STUDENT RESISTANCE Maneesha Deckha

This Essay challenges laws’ hegemonic humanist boundaries by analyzing the challenges involved in mainstreaming posthumanist subjects into the legal curricula. Posthumanist subjects in legal education are perceived as marginal and unworthy of serious discussion and scholarship.

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