Articles

This article discusses the link among animal abuse, child abuse, and domestic violence, with the intention of increasing attorney awareness of how such abuse impacts both clients and the community.

The article explores the connection between cruelty to animals and human violence. In particular, it examines animal abuse perpetrated by adolescents as a predictor of later human violence.

Abstract: The labeling of shell eggs fails to reveal the inhumane conditions under which most laying hens are raised in the United States. Most of the eggs sold in major supermarkets come from factory farms. This article examines how the failure to regulate misleading animal welfare claims on egg labels creates a risk that consumers are buying products that they otherwise would not buy. This article explains why, from a moral and a legal standpoint, consumers should avoid purchasing most eggs.

This article suggests that an obstruction of sound environmental policy occurred in 2003 when The Fund for Animals used the National Environmental Policy Act to prevent the U.S. Fish and Wildlife Service and the Maryland Department of Natural Resources from implementing a plan to cull the population of mute swans in the Chesapeake Bay. The author suggests that there is no question that feral mute swans (cyngus olor) are harmful to the native habitats of the Chesapeake Bay. The research and scientific record into the effects of non-native mute swans on native environs is both extensive and comprehensive.

In 2002, an animal protection clause was added to Article 20a of the German Constitution. Designed as a state objective, the nature of the animal protection clause decidedly influences its application. As a state objective, it is directed at all three branches of government, and each branch must ensure within its sphere of competence the realization of the stated goal. The Federal Constitutional Court has yet to address the precise scope of the provision.

This Article examines the likely future effects of the animal protection clause. With respect to the legislative branch, this Article addresses the question of whether the state objective demands that a standing provision be created for animal protection groups. With respect to the judicial and executive branches, this Article focuses on three fundamental rights that are most likely to come into conflict with animal protection: freedom of religion; freedom of teaching, science, and research; and freedom of artistic expression.

Seismic shifts in constitutional adjudication are not likely to be expected. The provision does not give rights to animals. However, at a minimum, it prohibits circumventing the Animal Protection Act by construing that statute in light of the Constitution. The animal protection clause removed the disproportionality between certain fundamental rights and the interest in animal protection. It mandates a balancing of constitutional interests and eliminates doubts regarding the constitutionality of the Animal Protection Act, especially with respect to the fundamental rights discussed.

This article provides a brief overview of the types of treaties, the treaty process (e.g., creation, ratification, etc.), as well as problems derived from a given sample treaty.

The focus of this paper will be on an examination of these many challenges. The paper will begin with an overview of animal hoarding, how it is defined and the impact that hoarding has on the animals kept. The psychological implications of this behaviour will be examined, followed by the legal challenges prosecutors face in pursuing animal hoarders in court. The limits of Canadian criminal law to address animal hoarding will illustrate the difficulties in charging animal hoarders in this country. Finally, the paper will focus on the need for a more concerted approach to this problem by integrating legal, municipal and public health services in an attempt to better address the serious consequences for animals that result from this behavior.

This Article begins in Part II by distinguishing between “animal law,” “animal rights,” and “animal welfare” and discussing the growth of the field of animal law. It continues in Part III by setting forth the statistics on the number of companion animals in the United States (“U.S.”) and information about the households who have companion animals. Part IV is the longest as it relates to issues that everyone with companion animals must deal with-housing issues. Next, in Part V, the Article analyzes issues relating to the disputes arising when an animal is separated from his or her caretaker either by becoming lost or through dissolution. Veterinary issues are then briefly covered in Part VI, leading to a section on valuation issues in Part VII. The Article concludes in Part VIII with a section on estate planning issues focusing on the increasing number of states with enforceable pet trust statutes.

After several failed attempts, the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) passed a proposal in October of 2004 to increase trade restrictions on the Great White Shark (white shark), also known as carcharodon carcharias, by placing it on Appendix II of its list of protected species. Trade in Appendix II species is restricted by the requirement that states parties issue export permits for all specimens or parts of specimens on the list. The adoption of this proposal is controversial among CITES member nations because of high market demands for white shark products. Although research on white sharks is limited due in part to the elusive nature of the species, all available research indicates that the population of white sharks is decreasing; in some areas the decline is in large, possibly unsustainable, numbers. This population decrease is particularly alarming because market demand remains a powerful motivation for continued depletion.

This article seeks to address more thoroughly how the historical “old maxims” of the public and wildlife trust doctrines can be used as Lucas background principles of property law to overcome takings challenges brought against state and federal environmental regulations. First, the historical underpinnings of the public trust doctrine and the wildlife trust doctrine prior to the founding of the nation are described. The Illinois Central Railroad v. Illinois and Geer v. Connecticut, which are the key Supreme Court cases establishing the validity of these doctrines in the United States are summarized. The author asserts that the doctrines may be interchangeably applied as a means of protecting important environmental resources. The author illustrates how the use of these doctrines might have changed the ultimate outcome of the Lucas case.

Portugal has had a long and bloody tradition of violence against animals, not the least of which includes Spanish-style bullfighting that has shown itself to be quite resistant to legal, cultural, and social reforms that would respect the right of animals to be free from suffering. While Portugal’s evolution towards respecting animal rights and welfare has been a slow and painful process, Portugal has nevertheless made some remarkable strides towards eradicating the suffering of animals, most notably with the passage of the Law of 1995. Portuguese scholars and activists have been instrumental in forcing the Portuguese government and citizenry to come to terms with the inhumane treatment of animals.

The gray wolf was persecuted almost to extinction in the United States. Under the Endangered Species Act, the gray wolf has made a great recovery. Several legal issues are still unresolved however.

This Table of Treaties accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective."

This Appendix accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective."

This chapter accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective." Chapter 4 examines the movement of companion animals into and out of the EU. The chapter specifically explores the new concept of “pet passports” for individuals traveling with companion animals.

This chapter accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective." Chapter 1 examines the nation’s Dog Law with a critical look at how there has been a failure to enforce licensing laws. The chapter also explores restrictions on bringing animals to bathing areas, stray animals, and aggressive animals.

This chapter accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective." Chapter 2 examines civil liability for damage caused by animals from a historic and civil code perspective. The chapter also explores criminal liability for damage done by animals.

This chapter accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective." Chapter 3 examines criminal liability in Malta for animal cruelty violations. The chapter specifically explores criminal liability for non-therapeutic surgical modification to animals (e.g., docking and cropping) and animal fighting, among others.