Articles

Title Sort descending	Author	Summary
Time for a Sharper Legal Focus	David Favre	This article provides an introduction into premiere issue of Animal Law.
To Save Lab Animals the Legal Way: The Right to Appeal on Permits to Perform Animal Experiments	Live Kleveland	In Norwegian law, animal welfare organisations have the right to appeal on permits to perform animal experiments. The author explains the reasons for the right, briefly outlines how a case of appeal develops and explains possible consequences.
To What Extent Does Wealth Maximization Benefit Farmed Animals? A Law And Economics Approach To A Ban On Gestation Crates In Pig Production	Geoffrey C. Evans	A law and economics approach in the current animals-as-property realm could be the most efficient way to gain protections for the billions of farmed animals that need them now. The wealth maximization theory allows for this because it recognizes human valuation of nonhuman interests. However, evidence shows that a market failure exists because of the discord between public will and animal industry practices. Where human valuation of nonhuman interests is underrepresented in the market and, therefore, a market fix is needed through legislation, animal advocates should evaluate the legislation’s economic impacts. In the case of a ban on gestation crates, as may be the case elsewhere, legislation may actually prove to be economically efficient, and thus gain the support of those who would not otherwise back such legislation.
TOWARD A MORE APPROPRIATE JURISPRUDENCE REGARDING THE LEGAL STATUS OF ZOOS AND ZOO ANIMALS	Geordie Duckler	Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.
TOWARD A MORE APPROPRIATE JURISPRUDENCE REGARDING THE LEGAL STATUS OF ZOOS AND ZOO ANIMALS	Geordie Duckler	Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.
Toward Reconciling Environmental and Animal Ethics: Northeast Wolf Reintroduction	Reed Elizabeth Loder	Many conservation issues replicate the dialogue on wolf introduction and its aftermath, reflecting tension between animal and environmental ethics. This article focuses on the proposal to restore wolves to the role of top predator in the Northeastern United States. It offers ethical guidelines for use in predator restorations where group and individual perspectives chafe, aiming to promote dialogue between environmental and animal ethicists.
TRACKING THE ADC: RANCHERS' BOON, TAXPAYERS' BURDEN, WILDLIFE'S BANE	David Hoch and Will Carrington Heath	Approximately thirty-five million dollars are spent each year by the Animal Damage Control division of the U.S. Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these “predators” are appalling. Mr. Hoch argues that funding for this program is excessive, irresponsible, and raises serious ethical questions. The authors conclude that ADC activities should be terminated immediately.
TRADE IN AFRICAN ELEPHANT PRODUCTS	Species Survival Network	At COP12, it was agreed that Botswana, Namibia, and South Africa could export ivory to an as yet unidentified buyer, subject to certain conditions. The Standing Committee is required to interpret and define the language of these conditions, and to establish the process and time-frame within which decisions should be made as to their fulfillment.
Traditional Chinese Culture Poses Difficulty For New Animal Welfare Laws	Song Wei	This article considers the present attitude of many Chinese toward animals and how it will pose difficulties for the adoption of new Animal Welfare laws.
Trainer Responsibility for Racehorse Breakdowns in New York	Cynthia F. Hodges	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.
Trophy Hunting Contracts: Unenforceable for Reasons of Public Policy	Myanna Dellinger	Contracts that are considered “unsavory,” “undesirable,” “at war with the interests of society,” or “in conflict with the morals of the time” may be declared unenforceable for reasons of public policy regardless of whether or not any underlying legislation provides that the contractual conduct is illegal. Allowing wealthy individuals to kill some of the very last few specimens of rare species has become so distasteful to so many members of the general public that the time has come for courts to declare such contracts unenforceable for reasons of public policy. This Article demonstrates how this may be accomplished. The Article also examines the wildlife-protective capabilities of the public trust doctrine and the closely related state ownership of wildlife doctrine. These doctrines add further weight to the contractual argument, but also operate as stand-alone protective doctrines in lawsuits against government entities. To be able to present any of these arguments to a court of law, standing is a hurdle, but one that can be overcome. This Article highlights how this might be done.
TThe Game is Afoot: Constitutionalizing the Right to Hunt and Fish in the Tennessee Constitution	Jeffrey Omar Usman	This article explores the constitutionalization of hunting and fishing rights and, considered within that context, the role of state constitutions. It begins by tracing hunting and fishing rights through western legal history with a special emphasis on ancient Rome, England, and the American colonies. Next, it directs attention to the existing status of hunting and fishing rights under the federal and state constitutions, including the dramatic surge in the constitutionalization of hunting and fishing rights since the mid-1990s and the reason for this surge. The article then explores the legal effect of these state constitutional hunting and fishing rights provisions and addresses the likely legal impact of Tennessee's proposed hunting and fishing rights amendment. The article concludes by considering whether this type of right is appropriate for enshrinement in a state constitution. In doing so, it explores the role of a state constitution in the modern federal system.
TThe Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Appendix 2	Lorraine Poole	This Appendix accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective."
Tuna Dolphin Wars: Conservationists are Fighting to Save Beleaguered Dolphins from Deadly Tuna Nets	Dick Russell	The article discusses the history of the tuna and dolphin story, beginning with an explanation of the nets and techniques used to catch tuna, the development of laws to protect dolphins, and the dolphin-safe tuna issue.
TWENTY YEARS AND CHANGE	David Favre	This Introduction provides an overview of the evolution of animal law over the past twenty years, demonstrating how changes in the law, social awareness, and legal education have directly affected this field. This Introduction describes both the positive and negative changes that have taken place, from the banning of dogfighting and cockfighting by federal law and some state laws; a spread in voter-adopted legislation providing for the protection of agricultural animals; and movements to reduce the use of chimpanzees in animal research; to the limitations of the Animal Welfare Act; changes in the United States Department of Agriculture (USDA) policy lifting the ban on USDA inspection of horsemeat; discrimination of certain breeds of dogs through breed-specific legislation; and the weakening of a number of federal laws providing protection to wildlife. This Introduction also provides an overview of case law, discussing attempts to achieve standing for animals and differing approaches in calculating damages for harm to pets. With respect to legal institutions, there has been an increasing presence of animal law sections within the American Bar Association and state bar associations. Animal law has also expanded within legal education. This is evidenced by the emergence of animal law conferences, publications in animal focused law reviews and textbooks, animal law courses at prestigious law schools, and full-time professors specializing in the area of animal law.
Two Competing Models of Activism, One Goal: A Case Study of Anti-Whaling Campaigns in the Southern Ocean	Anthony L.I. Moffa	This Comment is divided into four parts. Part I will describe the problem presented by international whaling and provide a historical context of the industry, its relatively recent regulation, and specific actions concerning Japanese whaling in the Southern Ocean. Parts II and III will draw on this case study to illustrate the competing models of activism--protest and interventionist--and highlight the demonstrated advantages of and drawbacks to each. Part IV will lend insight into the implications of permitting each model.
Two Major Flaws of the Animal Rights Movement	Geordie Duckler	Separate from its vulnerability to criticism by those politically opposed, a call for legal rights for animals is without justification on the very two pillars on which such a claim presumes to found itself—the precepts of law and of science. The claim’s inherent weaknesses are revealed in the use of terms that are inapplicable given both the way that legal rules work as a practical matter and the current level of our scientific knowledge about animals themselves. This article confronts these two core defects of the animal rights paradigm and seeks to shed the light of law, science, and reason on what seems to be an unreasonable, nonscientific, and yet ill-critiqued phenomenon.
U.S. Court System Overview	Karstan Lovorn	This is a short, concise and easy to read summary of how the American court system works.
U.S. IVORY TRADE: CAN A CRACKDOWN ON TRAFFICKING SAVE THE LAST TITAN?	Beth Allgood, Marina Ratchford, Peter LaFontaine	Rampant poaching has put African elephants on the verge of extinction in the wild, and the United States (U.S.) is complicit in this crisis. Despite the best efforts of federal agencies, porous national borders, legal loopholes, and deep-seated difficulties in law enforcement make the U.S. a major market for illicit ivory. While the White House, the United Nations, and the European Union, along with other voices, are sounding alarms, bold and concrete actions have been slow in coming. The U.S., in particular, is only beginning to acknowledge its own role in the slaughter, and still relies on a patchwork of inadequate laws and regulations to control its domestic ivory trade. The U.S. must quickly put a halt to its domestic ivory trade by adequately funding customs and wildlife inspectors and addressing the problem at every step along the chain of destruction—from the poachers and militants on the ground in Africa, to the international criminal syndicates underwriting the logistics of trafficking, to the consumers whose demand drives the crisis to ever-greater depths. This Article, analyzing never-before released data from the U.S. Fish and Wildlife Service, shines a light on the scope and scale of the underground trade in the U.S., unpacks the problems facing regulators and enforcement officials, and builds the case for a total ban on the commercial ivory trade, which threatens the existence of one of the planet’s greatest icons.
United States v. Friday and the Future of Native American Religious Challenges to the Bald and Golden Eagle Protection Act	Michael Davidson	This Comment examines the Tenth Circuit's United States v. Friday opinion along with its underlying implications. Part I provides a brief historical analysis of the BGEPA and introduces relevant statutory provisions, including the exception that allows Native Americans to apply for eagle take permits. Part II analyzes the development of RFRA to provide a better understanding of how RFRA affects Native American religious challenges to the BGEPA. Part III surveys relevant precedent in hopes of better understanding the opinion in Friday, and the avenues left open for future litigation. Part IV reviews the Friday opinion and discusses its relevant procedural history. Part V analyzes the Friday opinion in context with relevant precedent, discusses the implications of the Friday decision, and discusses the avenues left open for Native American religious challenges to the BGEPA after Friday.
US - Audit- APHIS Animal Care Program Inspection and Enforcement Activities	Robert W. Young	This report presents the results the Office of Inspector General's audit of the Animal and Plant Health Inspection Service’s (APHIS) Animal Care (AC) unit, which has the responsibility of inspecting all facilities covered under the AWA and following up on complaints of abuse and noncompliance. The office also reviewed AC’s coordination with the Investigative and Enforcement Services (IES) staff, which provides support to AC in cases where serious violations have been found. In addition, the office also evaluated the effectiveness of the Institutional Animal Care and Use Committees (IACUCs)—the self-monitoring committees at the research facilities responsible for ensuring compliance with the AWA.
US - Horse Slaughter- APHIS 2010 audit	Gil H. Harden /s/ Assistant Inspector General	This report presents the results of the Office of Inspector General’s Animal and Plant Health Inspection Service Administration of the Horse Protection Program and the Slaughter Horse Transport Program. The September 20, 2010, written response to the official draft report is included with excerpts and the Office of Inspector General’s position incorporated into the relevant sections of the report
US- Puppy Mills - HSUS Speaks	Kathleen Summers	An article about the state of puppy mills in the US.
Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse	Caroline Forell	In this essay, the author discusses using Susan Glaspell’s 1917 short story A Jury of Her Peers to teach about the connection between domestic violence and animal abuse.
Using Dogs For Emotional Support of Testifying Victims of Crime	Marianne Dellinger	Courts and prosecutorial offices around the nation have started using service dogs to support emotionally frail child witnesses who are unwilling to testify but for the calming presence of a dog. Proponents claim that this new type of therapeutic jurisprudence helps bring criminal defendants to justice in cases where the testimony of the complaining witness is crucial to the prosecution’s case. Opponents fear the infringement of the defendants’ rights to a fair trial because of the dogs’ potential to prejudice a jury to come out in favor of the witnesses. This article analyzes the legal foundations supporting the use of service dogs for emotional support of complaining witnesses in open court.

Time for a Sharper Legal Focus

David Favre

This article provides an introduction into premiere issue of Animal Law.

To Save Lab Animals the Legal Way: The Right to Appeal on Permits to Perform Animal Experiments

Live Kleveland

In Norwegian law, animal welfare organisations have the right to appeal on permits to perform animal experiments. The author explains the reasons for the right, briefly outlines how a case of appeal develops and explains possible consequences.

To What Extent Does Wealth Maximization Benefit Farmed Animals? A Law And Economics Approach To A Ban On Gestation Crates In Pig Production

Geoffrey C. Evans

A law and economics approach in the current animals-as-property realm could be the most efficient way to gain protections for the billions of farmed animals that need them now. The wealth maximization theory allows for this because it recognizes human valuation of nonhuman interests. However, evidence shows that a market failure exists because of the discord between public will and animal industry practices. Where human valuation of nonhuman interests is underrepresented in the market and, therefore, a market fix is needed through legislation, animal advocates should evaluate the legislation’s economic impacts. In the case of a ban on gestation crates, as may be the case elsewhere, legislation may actually prove to be economically efficient, and thus gain the support of those who would not otherwise back such legislation.

TOWARD A MORE APPROPRIATE JURISPRUDENCE REGARDING THE LEGAL STATUS OF ZOOS AND ZOO ANIMALS

Geordie Duckler

Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.

TOWARD A MORE APPROPRIATE JURISPRUDENCE REGARDING THE LEGAL STATUS OF ZOOS AND ZOO ANIMALS

Geordie Duckler

Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.

Toward Reconciling Environmental and Animal Ethics: Northeast Wolf Reintroduction

Reed Elizabeth Loder

Many conservation issues replicate the dialogue on wolf introduction and its aftermath, reflecting tension between animal and environmental ethics. This article focuses on the proposal to restore wolves to the role of top predator in the Northeastern United States. It offers ethical guidelines for use in predator restorations where group and individual perspectives chafe, aiming to promote dialogue between environmental and animal ethicists.

TRACKING THE ADC: RANCHERS' BOON, TAXPAYERS' BURDEN, WILDLIFE'S BANE

David Hoch and Will Carrington Heath

Approximately thirty-five million dollars are spent each year by the Animal Damage Control division of the U.S. Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these “predators” are appalling. Mr. Hoch argues that funding for this program is excessive, irresponsible, and raises serious ethical questions. The authors conclude that ADC activities should be terminated immediately.

TRADE IN AFRICAN ELEPHANT PRODUCTS

Species Survival Network

At COP12, it was agreed that Botswana, Namibia, and South Africa could export ivory to an as yet unidentified buyer, subject to certain conditions. The Standing Committee is required to interpret and define the language of these conditions, and to establish the process and time-frame within which decisions should be made as to their fulfillment.

Traditional Chinese Culture Poses Difficulty For New Animal Welfare Laws

Song Wei

This article considers the present attitude of many Chinese toward animals and how it will pose difficulties for the adoption of new Animal Welfare laws.

Trainer Responsibility for Racehorse Breakdowns in New York

Cynthia F. Hodges

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.

Trophy Hunting Contracts: Unenforceable for Reasons of Public Policy

Myanna Dellinger

Contracts that are considered “unsavory,” “undesirable,” “at war with the interests of society,” or “in conflict with the morals of the time” may be declared unenforceable for reasons of public policy regardless of whether or not any underlying legislation provides that the contractual conduct is illegal. Allowing wealthy individuals to kill some of the very last few specimens of rare species has become so distasteful to so many members of the general public that the time has come for courts to declare such contracts unenforceable for reasons of public policy. This Article demonstrates how this may be accomplished. The Article also examines the wildlife-protective capabilities of the public trust doctrine and the closely related state ownership of wildlife doctrine. These doctrines add further weight to the contractual argument, but also operate as stand-alone protective doctrines in lawsuits against government entities. To be able to present any of these arguments to a court of law, standing is a hurdle, but one that can be overcome. This Article highlights how this might be done.

TThe Game is Afoot: Constitutionalizing the Right to Hunt and Fish in the Tennessee Constitution

Jeffrey Omar Usman

This article explores the constitutionalization of hunting and fishing rights and, considered within that context, the role of state constitutions. It begins by tracing hunting and fishing rights through western legal history with a special emphasis on ancient Rome, England, and the American colonies. Next, it directs attention to the existing status of hunting and fishing rights under the federal and state constitutions, including the dramatic surge in the constitutionalization of hunting and fishing rights since the mid-1990s and the reason for this surge. The article then explores the legal effect of these state constitutional hunting and fishing rights provisions and addresses the likely legal impact of Tennessee's proposed hunting and fishing rights amendment. The article concludes by considering whether this type of right is appropriate for enshrinement in a state constitution. In doing so, it explores the role of a state constitution in the modern federal system.

TThe Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Appendix 2

Lorraine Poole

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

Tuna Dolphin Wars: Conservationists are Fighting to Save Beleaguered Dolphins from Deadly Tuna Nets

Dick Russell

The article discusses the history of the tuna and dolphin story, beginning with an explanation of the nets and techniques used to catch tuna, the development of laws to protect dolphins, and the dolphin-safe tuna issue.

TWENTY YEARS AND CHANGE

David Favre

This Introduction provides an overview of the evolution of animal law over the past twenty years, demonstrating how changes in the law, social awareness, and legal education have directly affected this field. This Introduction describes both the positive and negative changes that have taken place, from the banning of dogfighting and cockfighting by federal law and some state laws; a spread in voter-adopted legislation providing for the protection of agricultural animals; and movements to reduce the use of chimpanzees in animal research; to the limitations of the Animal Welfare Act; changes in the United States Department of Agriculture (USDA) policy lifting the ban on USDA inspection of horsemeat; discrimination of certain breeds of dogs through breed-specific legislation; and the weakening of a number of federal laws providing protection to wildlife. This Introduction also provides an overview of case law, discussing attempts to achieve standing for animals and differing approaches in calculating damages for harm to pets. With respect to legal institutions, there has been an increasing presence of animal law sections within the American Bar Association and state bar associations. Animal law has also expanded within legal education. This is evidenced by the emergence of animal law conferences, publications in animal focused law reviews and textbooks, animal law courses at prestigious law schools, and full-time professors specializing in the area of animal law.

Two Competing Models of Activism, One Goal: A Case Study of Anti-Whaling Campaigns in the Southern Ocean

Anthony L.I. Moffa

This Comment is divided into four parts. Part I will describe the problem presented by international whaling and provide a historical context of the industry, its relatively recent regulation, and specific actions concerning Japanese whaling in the Southern Ocean. Parts II and III will draw on this case study to illustrate the competing models of activism--protest and interventionist--and highlight the demonstrated advantages of and drawbacks to each. Part IV will lend insight into the implications of permitting each model.

Two Major Flaws of the Animal Rights Movement

Geordie Duckler

Separate from its vulnerability to criticism by those politically opposed, a call for legal rights for animals is without justification on the very two pillars on which such a claim presumes to found itself—the precepts of law and of science. The claim’s inherent weaknesses are revealed in the use of terms that are inapplicable given both the way that legal rules work as a practical matter and the current level of our scientific knowledge about animals themselves. This article confronts these two core defects of the animal rights paradigm and seeks to shed the light of law, science, and reason on what seems to be an unreasonable, nonscientific, and yet ill-critiqued phenomenon.

U.S. Court System Overview

Karstan Lovorn

This is a short, concise and easy to read summary of how the American court system works.

U.S. IVORY TRADE: CAN A CRACKDOWN ON TRAFFICKING SAVE THE LAST TITAN?

Beth Allgood, Marina Ratchford, Peter LaFontaine

Rampant poaching has put African elephants on the verge of extinction in the wild, and the United States (U.S.) is complicit in this crisis. Despite the best efforts of federal agencies, porous national borders, legal loopholes, and deep-seated difficulties in law enforcement make the U.S. a major market for illicit ivory. While the White House, the United Nations, and the European Union, along with other voices, are sounding alarms, bold and concrete actions have been slow in coming. The U.S., in particular, is only beginning to acknowledge its own role in the slaughter, and still relies on a patchwork of inadequate laws and regulations to control its domestic ivory trade. The U.S. must quickly put a halt to its domestic ivory trade by adequately funding customs and wildlife inspectors and addressing the problem at every step along the chain of destruction—from the poachers and militants on the ground in Africa, to the international criminal syndicates underwriting the logistics of trafficking, to the consumers whose demand drives the crisis to ever-greater depths. This Article, analyzing never-before released data from the U.S. Fish and Wildlife Service, shines a light on the scope and scale of the underground trade in the U.S., unpacks the problems facing regulators and enforcement officials, and builds the case for a total ban on the commercial ivory trade, which threatens the existence of one of the planet’s greatest icons.

United States v. Friday and the Future of Native American Religious Challenges to the Bald and Golden Eagle Protection Act

Michael Davidson

This Comment examines the Tenth Circuit's United States v. Friday opinion along with its underlying implications. Part I provides a brief historical analysis of the BGEPA and introduces relevant statutory provisions, including the exception that allows Native Americans to apply for eagle take permits. Part II analyzes the development of RFRA to provide a better understanding of how RFRA affects Native American religious challenges to the BGEPA. Part III surveys relevant precedent in hopes of better understanding the opinion in Friday, and the avenues left open for future litigation. Part IV reviews the Friday opinion and discusses its relevant procedural history. Part V analyzes the Friday opinion in context with relevant precedent, discusses the implications of the Friday decision, and discusses the avenues left open for Native American religious challenges to the BGEPA after Friday.

US - Audit- APHIS Animal Care Program Inspection and Enforcement Activities

Robert W. Young

This report presents the results the Office of Inspector General's audit of the Animal and Plant Health Inspection Service’s (APHIS) Animal Care (AC) unit, which has the responsibility of inspecting all facilities covered under the AWA and following up on complaints of abuse and noncompliance. The office also reviewed AC’s coordination with the Investigative and Enforcement Services (IES) staff, which provides support to AC in cases where serious violations have been found. In addition, the office also evaluated the effectiveness of the Institutional Animal Care and Use Committees (IACUCs)—the self-monitoring committees at the research facilities responsible for ensuring compliance with the AWA.

US - Horse Slaughter- APHIS 2010 audit

Gil H. Harden /s/ Assistant Inspector General

This report presents the results of the Office of Inspector General’s Animal and Plant Health Inspection Service Administration of the Horse Protection Program and the Slaughter Horse Transport Program. The September 20, 2010, written response to the official draft report is included with excerpts and the Office of Inspector General’s position incorporated into the relevant sections of the report

US- Puppy Mills - HSUS Speaks

Kathleen Summers

An article about the state of puppy mills in the US.

Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse

Caroline Forell

In this essay, the author discusses using Susan Glaspell’s 1917 short story A Jury of Her Peers to teach about the connection between domestic violence and animal abuse.

Using Dogs For Emotional Support of Testifying Victims of Crime

Marianne Dellinger

Courts and prosecutorial offices around the nation have started using service dogs to support emotionally frail child witnesses who are unwilling to testify but for the calming presence of a dog. Proponents claim that this new type of therapeutic jurisprudence helps bring criminal defendants to justice in cases where the testimony of the complaining witness is crucial to the prosecution’s case. Opponents fear the infringement of the defendants’ rights to a fair trial because of the dogs’ potential to prejudice a jury to come out in favor of the witnesses. This article analyzes the legal foundations supporting the use of service dogs for emotional support of complaining witnesses in open court.

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