Articles

Title Sort descending	Author	Summary
The Evolving Legal Status of Chimpanzees, Comments from Jane Goodall, Dr. Roger Fouts, Steven Wise and David Favre	various - conference proceedings	On September 30, 2002, Harvard Law School hosted a legal symposium sponsored by the Chimpanzee Collaboratory’s Legal Committee. The symposium featured speakers with expertise on chimpanzees, as well as legal scholars and lawyers who discussed the possibility of obtaining legal rights for chimpanzees and other great apes. This symposium sought to advance the argument that chimpanzees are entitled to some degree of legal status, and the speakers presented a range of views about how far such legal rights should extend. These remarks reflect the connection between the growing scientific understanding of chimpanzees and the advances in related legal doctrines.
The Federal Indian Trust Doctrine and the Bald and Golden Eagle Protection Act	Matthew Perkins	This article discusses the implications of the court decision in U.S. v. Hugs, which denied Native American claims asserting infringement of First Amendment rights as well as treaty rights where eagle parts were sold. This author expresses that the holding in United States v. Hugs is limited to its facts, and does not absolve the government from its obligation under The Federal Indian Trust Doctrine, and that a valid trust doctrine argument remains to be made against the BGEPA.
THE FIRST ANIMAL LAW JOURNAL, TWENTY VOLUMES LATER	Melissa Young	Twenty volumes is no small feat for an independently funded, entirely student-run journal. With a total staff of twenty students, including a small Board comprised of Editor in Chief, James Goldstein, Jr.; Managing Editor, William Fig; Articles Editor, Kelly Jeffries; and Form and Style Editor, Benjamin Allen, Animal Law published the inaugural volume of the world’s first animal law journal in 1995. This landmark event was the result of the hard work of Lewis & Clark students, with some key support. In this first volume, Animal Law gave “special thanks to Benjamin Allen for his hard work and dedication in founding [the] journal, to Matthew Howard and Nancy Perry for their inspiration, and to Richard Katz for his invaluable support throughout the process.” Animal Law also gave “thanks to Michael Blumm for his advice and encouragement, and to the Board of [Animal Legal Defense Fund (ALDF)] for their support.”
THE FOREST SERVICE'S BAIT AND SWITCH: A CASE STUDY ON BEAR BAITING AND THE SERVICE'S STRUGGLE TO ADOPT A REASONED POLICY ON A CONTROVERSIAL HUNTING PRACTICE WITHIN THE NATIONAL FORESTS	Eric Glitzenstein and John Fritschie	After describing the practice and effects of bear baiting, the article recounts the USFS's reluctant and haphazard attempts to develop a national policy on bear baiting, and the resulting legal challenges. The authors examine the scope of USFS authority to regulate human activities in the national forests, particularly with regard to actions impacting wildlife, then analyze the USFS's recent proposed "national policy" on bear baiting. Finally, the authors will explain why the USFS should apply the same management principles and standards to controversial 'hunting" practices, such as bear baiting, as it does to other uses of the nation's forests which have environmental impacts and interfere with the use and enjoyment of the forests by other users.
THE FRUITS OF OUR LABOR: RESULTS FROM THE FIRST SESSION OF THE 105TH CONGRESS-1997 FEDERAL LEGISLATIVE SUMMARY	Nancy Perry	Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legislative agenda in is this area. She also provides a current legislative update for each bill involved.
THE FRUITS OF OUR LABOR: RESULTS FROM THE FIRST SESSION OF THE 105TH CONGRESS-1997 FEDERAL LEGISLATIVE SUMMARY	Nancy Perry	Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legislative agenda in is this area. She also provides a current legislative update for each bill involved.
The Future of the African Rhinoceros: Its Anything But Black & White	Robert Saxton	This paper will briefly review the biology and ecology of the various African rhino species and subspecies before presenting a description of the major current threats to African rhinos. The international legal response to rhino population declines will be outlined, followed by a discussion of concurrent rhino population trends. Suggestions for the future legal protection of rhinos will follow.
The Future of Veterinary Malpractice Liability in the Care of Companion Animals	Christopher Green	This comment investigates the factual bases of arguments from the veterinary community and of those that support increasing the malpractice liability of veterinarians. Combining law and economics theory with basic mathematics to evaluate the validity of these positions, it then suggests specific measures for legislatively addressing those parties' concerns.
The Gathering Momentum	David Favre	This article provides introductory remarks to the Journal of Animal Law by Professor David Favre.
The Golden Retriever Rule: Alaska's Identity Privilege for Animal Adoption Agencies and for Adoptive Animal Owners	John J. Tiemessen	In this Comment, the authors examine recent national and Alaskan developments regarding a limited testimonial privilege for animal adoption agencies and adoptive owners. Unlike most testimonial privileges, this new privilege e did not exist at common law and has only a limited foundation in statutes or rules of evidence. The authors conclude by noting the effect this privilege has on replevin and conversion cases involving lost animals that have been adopted by new owners.
The Historical and Contemporary Prosecution and Punishment of Animals	Jen Girgen	This article analyzes the role of the animal “offender,” by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have ended (for the most part), we continue to punish animals for their “crimes” against human beings. She suggests that we do this primarily to achieve two ends: the restoration of order and the achievement of revenge, and concludes with a call for a renewed emphasis on “due process” for animals threatened with punishment for their offenses.
The History of Animal Law, Part I (1972-1987)	Joyce Tischler	Animals have always been the subjects of litigation. Early legal literature is replete with cases that range from the conversion of a farmer’s cow to the debate about who owns wildlife, [1] from criminal prosecutions of humans for cruelty to animals [2] to criminal prosecutions of animals for crimes that they allegedly committed. [3] The purpose of this article is not simply to discuss the significance of individual cases involving animals, but rather to explore the roots of a large-scale, organized movement, which started in the early 1970s in the United States, spearheaded by attorneys and law students with the express purpose of filing lawsuits to protect animals and establishing the concept of their legal rights, regardless of the species of the animals or the ownership interest of humans. What we now call Animal Rights Law or Animal Law began when attorneys consciously considered animal-related legal issues from the perspective of the animal’s interests, when they began to view the animal as the de facto client, and where the goal was to challenge institutionalized forms of animal abuse and exploitation. Within the scope of a law review article, it is not practical to list all of the lawsuits filed from 1972 to 1987. [4] The goal of this article is to trace the beginnings of animal law as a legal discipline and analyze the thought processes of its leaders, how the surrounding animal rights movement influenced the direction of animal law, and how the choices that were made shaped the foundation and growth of this area of the law. This article is written in the first person, because I don’t wish to mislead the reader who might assume that I am a dispassionate historian. I am an animal rights lawyer; the people described herein are my respected colleagues.
The History of the RSPCA	unknown	This short article relates the formation and early history of the Royal Society for the Protection of Animals.
The Humane Methods of Slaughter Act: Deficiencies and Proposed Amendments	Jennifer L. Mariucci	This note touches on the Humane Methods of Slaughter Act and the deficiencies in the current version that undermine the statute’s intended purpose of ensuring a humane slaughter for all animals. This note analyzes the statute, compares it to comparable statutes from around the world, and suggests alterations to ensure that the statue fulfills its goal. This note also includes proposed statutory language that implements suggested changes.
The Humane Research and Testing Act: Advancing Science by Creating	Paul A. Locke, Mikalah Singer and Thomas Hartung	This letter examines the proposed alternatives to animals in biomedical research and the Humane Research and Testing Act (HRTA) from 2021.
The Hunt Club	Hunt Club	This advertisement for "The Hunt Club" indicates it provides lodging, meals, and hunts of waterfowl and big game on its 16,000 preserve. It also adds that it has a "trophy management policy" with regard to hunts of "trophy" deer on a 4,000 acre archery area.
The Inadequate Protection of ANnimals Against Cruel Animal Husbandry Practices Under United States Law	Nicole Fox	This article looks at available legal protections for all farmed animals, and recommends that Congress enact stricter animal welfare laws.
THE INJUSTICE OF ANIMAL WELFARE: A REVIEW OF ANIMALS, PROPERTY, AND THE LAW	Priscilla N. Cohn	This article provides a review of the book "Animals, Property, and the Law" by Gary Francione regarding the differences between animal rights and animal welfare.
THE INJUSTICE OF ANIMAL WELFARE: A REVIEW OF ANIMALS, PROPERTY, AND THE LAW	Priscilla N. Cohn	This article provides a review of the book "Animals, Property, and the Law."
The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans	Rachelle Adam	This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over 2,500 small cetaceans—dolphins, porpoises, and small whales—will be killed as a result of the drive hunt, out of a total of over twenty thousand killed annually in Japan by direct catch. Since humans have literally pushed dolphins to the brink of extinction, humans have an ethical duty to stop the cruelty perpetrated against them and to ensure the survival of their species. This ethical duty should be turned into an international legal duty, with a correlated legal right for dolphins to international protection.
The Jaws That Bite, The Claws That Snatch	Joseph K. Scott	This article explores the incongruity between the recent Louisiana decision in State v. Michels that allowed for the presence of a seemingly vicious dog to sustain the element of "dangerous weapon" in an aggravated sexual battery conviction. Louisiana traditionally only allows inanimate objects to be construed as weapons for dangerous weapons charges. The author suggests the Louisiana judiciary should align itself with the national jurisprudence to allow animate objects be viewed as dangerous weapons for the purpose of criminal prosecutions.
THE KENTUCKY HORSE: THE REALITY VS. THE MYTH AND WHAT COULD BE DONE TO CLOSE THE GAP	Virginia F. Coleman	The iconic status of the horse in Kentucky belies the bitter reality faced by the vast majority of horses in that state. This Article explains how multiple aspects of the current law enforcement system in the state permit the persistent failure to protect horses against gross neglect and abuse, as exemplified in particular by two case studies. The Kentucky Equine Health and Welfare Council, a legislative construct promoted by its backers as a unique safeguard for Kentucky horses, was in fact ill-suited ab initio for this role and has proved uninterested in it. Although there is no legislative cure for indifference on the part of those charged with enforcing laws against neglect and abuse, there are a number of legislative changes that would improve the now lamentable odds faced by Kentucky's horses. These changes, discussed in Part IV of this Article, are designed to increase the likelihood of action being taken against an offender, including through civil as well as criminal proceedings; secure immediate care for horses which have been victimized and prevent recidivism by offenders; increase the severity of the offense; dampen the current robust market for slaughter horses, and fund the costs inherent in creating a more effective enforcement system. All of the changes proposed are already law in at least some other states-in some instances in many other states--and these existing laws offer a ready model for Kentucky to follow if it so chooses. Although the focus of this Article is on Kentucky, all the legislative recommendations made are more broadly applicable to any state which does not yet have a statute as proposed in place.
THE KITTLES CASE AND ITS AFTERMATH	Joshua Marquis	This article was adapted from remarks from Joshua Marquis at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.
The Lacey Act: America's Premier Weapon in the Fight Against Unlawful Wildlife Trafficking	Robert S. Anderson	Part I of this article discusses the scope of the illegal wildlife trade and the various federal statutes addressing that problem. Part II discusses the legislative history of the Lacey Act and its companion statute, the Black Bass Act, including their ultimate combination into one law in 1981 and the Lacey Act's latest amendments in 1988. Part III discusses the elements necessary to prove a Lacey Act trafficking violation, analyzes judicial interpretations of the Act's statutory language, and considers available sanctions. Part IV discusses issues that may arise in Lacey Act litigation, including specific requirements of the underlying "predicate" law.
The Laws Concerning Game (1753)	William Nelson	This is nice summary of the history of English Game Law from 1066 - 1700's. The following is the introduction from the book.

The Evolving Legal Status of Chimpanzees, Comments from Jane Goodall, Dr. Roger Fouts, Steven Wise and David Favre

various - conference proceedings

On September 30, 2002, Harvard Law School hosted a legal symposium sponsored by the Chimpanzee Collaboratory’s Legal Committee. The symposium featured speakers with expertise on chimpanzees, as well as legal scholars and lawyers who discussed the possibility of obtaining legal rights for chimpanzees and other great apes. This symposium sought to advance the argument that chimpanzees are entitled to some degree of legal status, and the speakers presented a range of views about how far such legal rights should extend. These remarks reflect the connection between the growing scientific understanding of chimpanzees and the advances in related legal doctrines.

The Federal Indian Trust Doctrine and the Bald and Golden Eagle Protection Act

Matthew Perkins

This article discusses the implications of the court decision in U.S. v. Hugs, which denied Native American claims asserting infringement of First Amendment rights as well as treaty rights where eagle parts were sold. This author expresses that the holding in United States v. Hugs is limited to its facts, and does not absolve the government from its obligation under The Federal Indian Trust Doctrine, and that a valid trust doctrine argument remains to be made against the BGEPA.

THE FIRST ANIMAL LAW JOURNAL, TWENTY VOLUMES LATER

Melissa Young

Twenty volumes is no small feat for an independently funded, entirely student-run journal. With a total staff of twenty students, including a small Board comprised of Editor in Chief, James Goldstein, Jr.; Managing Editor, William Fig; Articles Editor, Kelly Jeffries; and Form and Style Editor, Benjamin Allen, Animal Law published the inaugural volume of the world’s first animal law journal in 1995. This landmark event was the result of the hard work of Lewis & Clark students, with some key support. In this first volume, Animal Law gave “special thanks to Benjamin Allen for his hard work and dedication in founding [the] journal, to Matthew Howard and Nancy Perry for their inspiration, and to Richard Katz for his invaluable support throughout the process.” Animal Law also gave “thanks to Michael Blumm for his advice and encouragement, and to the Board of [Animal Legal Defense Fund (ALDF)] for their support.”

THE FOREST SERVICE'S BAIT AND SWITCH: A CASE STUDY ON BEAR BAITING AND THE SERVICE'S STRUGGLE TO ADOPT A REASONED POLICY ON A CONTROVERSIAL HUNTING PRACTICE WITHIN THE NATIONAL FORESTS

Eric Glitzenstein and John Fritschie

After describing the practice and effects of bear baiting, the article recounts the USFS's reluctant and haphazard attempts to develop a national policy on bear baiting, and the resulting legal challenges. The authors examine the scope of USFS authority to regulate human activities in the national forests, particularly with regard to actions impacting wildlife, then analyze the USFS's recent proposed "national policy" on bear baiting. Finally, the authors will explain why the USFS should apply the same management principles and standards to controversial 'hunting" practices, such as bear baiting, as it does to other uses of the nation's forests which have environmental impacts and interfere with the use and enjoyment of the forests by other users.

THE FRUITS OF OUR LABOR: RESULTS FROM THE FIRST SESSION OF THE 105TH CONGRESS-1997 FEDERAL LEGISLATIVE SUMMARY

Nancy Perry

Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legislative agenda in is this area. She also provides a current legislative update for each bill involved.

THE FRUITS OF OUR LABOR: RESULTS FROM THE FIRST SESSION OF THE 105TH CONGRESS-1997 FEDERAL LEGISLATIVE SUMMARY

Nancy Perry

Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legislative agenda in is this area. She also provides a current legislative update for each bill involved.

The Future of the African Rhinoceros: Its Anything But Black & White

Robert Saxton

This paper will briefly review the biology and ecology of the various African rhino species and subspecies before presenting a description of the major current threats to African rhinos. The international legal response to rhino population declines will be outlined, followed by a discussion of concurrent rhino population trends. Suggestions for the future legal protection of rhinos will follow.

The Future of Veterinary Malpractice Liability in the Care of Companion Animals

Christopher Green

This comment investigates the factual bases of arguments from the veterinary community and of those that support increasing the malpractice liability of veterinarians. Combining law and economics theory with basic mathematics to evaluate the validity of these positions, it then suggests specific measures for legislatively addressing those parties' concerns.

The Gathering Momentum

David Favre

This article provides introductory remarks to the Journal of Animal Law by Professor David Favre.

The Golden Retriever Rule: Alaska's Identity Privilege for Animal Adoption Agencies and for Adoptive Animal Owners

John J. Tiemessen

In this Comment, the authors examine recent national and Alaskan developments regarding a limited testimonial privilege for animal adoption agencies and adoptive owners. Unlike most testimonial privileges, this new privilege e did not exist at common law and has only a limited foundation in statutes or rules of evidence. The authors conclude by noting the effect this privilege has on replevin and conversion cases involving lost animals that have been adopted by new owners.

The Historical and Contemporary Prosecution and Punishment of Animals

Jen Girgen

This article analyzes the role of the animal “offender,” by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have ended (for the most part), we continue to punish animals for their “crimes” against human beings. She suggests that we do this primarily to achieve two ends: the restoration of order and the achievement of revenge, and concludes with a call for a renewed emphasis on “due process” for animals threatened with punishment for their offenses.

The History of Animal Law, Part I (1972-1987)

Joyce Tischler

Animals have always been the subjects of litigation. Early legal literature is replete with cases that range from the conversion of a farmer’s cow to the debate about who owns wildlife, [1] from criminal prosecutions of humans for cruelty to animals [2] to criminal prosecutions of animals for crimes that they allegedly committed. [3] The purpose of this article is not simply to discuss the significance of individual cases involving animals, but rather to explore the roots of a large-scale, organized movement, which started in the early 1970s in the United States, spearheaded by attorneys and law students with the express purpose of filing lawsuits to protect animals and establishing the concept of their legal rights, regardless of the species of the animals or the ownership interest of humans. What we now call Animal Rights Law or Animal Law began when attorneys consciously considered animal-related legal issues from the perspective of the animal’s interests, when they began to view the animal as the de facto client, and where the goal was to challenge institutionalized forms of animal abuse and exploitation. Within the scope of a law review article, it is not practical to list all of the lawsuits filed from 1972 to 1987. [4] The goal of this article is to trace the beginnings of animal law as a legal discipline and analyze the thought processes of its leaders, how the surrounding animal rights movement influenced the direction of animal law, and how the choices that were made shaped the foundation and growth of this area of the law. This article is written in the first person, because I don’t wish to mislead the reader who might assume that I am a dispassionate historian. I am an animal rights lawyer; the people described herein are my respected colleagues.

The History of the RSPCA

unknown

This short article relates the formation and early history of the Royal Society for the Protection of Animals.

The Humane Methods of Slaughter Act: Deficiencies and Proposed Amendments

Jennifer L. Mariucci

This note touches on the Humane Methods of Slaughter Act and the deficiencies in the current version that undermine the statute’s intended purpose of ensuring a humane slaughter for all animals. This note analyzes the statute, compares it to comparable statutes from around the world, and suggests alterations to ensure that the statue fulfills its goal. This note also includes proposed statutory language that implements suggested changes.

The Humane Research and Testing Act: Advancing Science by Creating

Paul A. Locke, Mikalah Singer and Thomas Hartung

This letter examines the proposed alternatives to animals in biomedical research and the Humane Research and Testing Act (HRTA) from 2021.

The Hunt Club

Hunt Club

This advertisement for "The Hunt Club" indicates it provides lodging, meals, and hunts of waterfowl and big game on its 16,000 preserve. It also adds that it has a "trophy management policy" with regard to hunts of "trophy" deer on a 4,000 acre archery area.

The Inadequate Protection of ANnimals Against Cruel Animal Husbandry Practices Under United States Law

Nicole Fox

This article looks at available legal protections for all farmed animals, and recommends that Congress enact stricter animal welfare laws.

THE INJUSTICE OF ANIMAL WELFARE: A REVIEW OF ANIMALS, PROPERTY, AND THE LAW

Priscilla N. Cohn

This article provides a review of the book "Animals, Property, and the Law" by Gary Francione regarding the differences between animal rights and animal welfare.

THE INJUSTICE OF ANIMAL WELFARE: A REVIEW OF ANIMALS, PROPERTY, AND THE LAW

Priscilla N. Cohn

This article provides a review of the book "Animals, Property, and the Law."

The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans

Rachelle Adam

This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over 2,500 small cetaceans—dolphins, porpoises, and small whales—will be killed as a result of the drive hunt, out of a total of over twenty thousand killed annually in Japan by direct catch. Since humans have literally pushed dolphins to the brink of extinction, humans have an ethical duty to stop the cruelty perpetrated against them and to ensure the survival of their species. This ethical duty should be turned into an international legal duty, with a correlated legal right for dolphins to international protection.

The Jaws That Bite, The Claws That Snatch

Joseph K. Scott

This article explores the incongruity between the recent Louisiana decision in State v. Michels that allowed for the presence of a seemingly vicious dog to sustain the element of "dangerous weapon" in an aggravated sexual battery conviction. Louisiana traditionally only allows inanimate objects to be construed as weapons for dangerous weapons charges. The author suggests the Louisiana judiciary should align itself with the national jurisprudence to allow animate objects be viewed as dangerous weapons for the purpose of criminal prosecutions.

THE KENTUCKY HORSE: THE REALITY VS. THE MYTH AND WHAT COULD BE DONE TO CLOSE THE GAP

Virginia F. Coleman

The iconic status of the horse in Kentucky belies the bitter reality faced by the vast majority of horses in that state. This Article explains how multiple aspects of the current law enforcement system in the state permit the persistent failure to protect horses against gross neglect and abuse, as exemplified in particular by two case studies. The Kentucky Equine Health and Welfare Council, a legislative construct promoted by its backers as a unique safeguard for Kentucky horses, was in fact ill-suited ab initio for this role and has proved uninterested in it. Although there is no legislative cure for indifference on the part of those charged with enforcing laws against neglect and abuse, there are a number of legislative changes that would improve the now lamentable odds faced by Kentucky's horses. These changes, discussed in Part IV of this Article, are designed to increase the likelihood of action being taken against an offender, including through civil as well as criminal proceedings; secure immediate care for horses which have been victimized and prevent recidivism by offenders; increase the severity of the offense; dampen the current robust market for slaughter horses, and fund the costs inherent in creating a more effective enforcement system. All of the changes proposed are already law in at least some other states-in some instances in many other states--and these existing laws offer a ready model for Kentucky to follow if it so chooses. Although the focus of this Article is on Kentucky, all the legislative recommendations made are more broadly applicable to any state which does not yet have a statute as proposed in place.

THE KITTLES CASE AND ITS AFTERMATH

Joshua Marquis

This article was adapted from remarks from Joshua Marquis at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.

The Lacey Act: America's Premier Weapon in the Fight Against Unlawful Wildlife Trafficking

Robert S. Anderson

Part I of this article discusses the scope of the illegal wildlife trade and the various federal statutes addressing that problem. Part II discusses the legislative history of the Lacey Act and its companion statute, the Black Bass Act, including their ultimate combination into one law in 1981 and the Lacey Act's latest amendments in 1988. Part III discusses the elements necessary to prove a Lacey Act trafficking violation, analyzes judicial interpretations of the Act's statutory language, and considers available sanctions. Part IV discusses issues that may arise in Lacey Act litigation, including specific requirements of the underlying "predicate" law.

The Laws Concerning Game (1753)

William Nelson

This is nice summary of the history of English Game Law from 1066 - 1700's. The following is the introduction from the book.

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