Anti-Cruelty

Summary:

The article begins in Part I of by examining species difference as a social construction similar to race, gender and other identity and hierarchy markers historically understood as biological. In Part II, while not claiming identicalness in the trajectories of different oppressions, the author discusses how the discursive construction of species difference bears a close resemblance to that of gender and race narratives. The article concludes by calling upon our affective responses to imagine animals as possible candidates for personhood and rights, and, further, to question why being human should be a qualification for justice.

Summary:

In 1991, Congress enacted 18 U.S.C. § 48, which prohibits the interstate sale and distribution of depictions of animal cruelty, in response to the proliferation of animal “crush videos” on the Internet. In 2008, the Third Circuit, in United States v. Stevens, a case involving dog fighting, held that the law was an unconstitutional restriction on free speech. In April of 2009, the Supreme Court of the United States granted certiorari. Discussions about the regulation of depictions of animal cruelty have largely focused on whether the child pornography or obscenity exceptions to the First Amendment should be extended to include violent depictions of animal cruelty. This Article suggests that instead of expanding those doctrines, criminal anti-profit statutes or “Son of Sam” laws may be constitutionally applied to regulate the profitability of these images, thereby reducing the incentive to produce such materials and creating a lesser restriction on speech.

Summary:

This article suggests that courts should appoint special masters to large-scale animal abuse cases. The work of special masters in two recent high profile cases, Sarah v. PPI and Vick, demonstrate that special masters can help advance the goals of the animal protection movement in three ways. First, special masters can ensure that individual animal victims are cared for once they are rescued from large-scale abuse situations. Second, court orders that appoint special masters to large-scale animal abuse cases insert a best-interest-of-the-animal analysis into formal court proceeding. Finally, court appointed special masters may encourage better enforcement of animal protection laws by taking responsibility for animal victims from local officials. In addition to advocating for special master appointments in large-scale animal abuse cases, this article discusses some of the possible barriers courts and advocates might face when appointing special masters to large-scale animal abuse cases.

Summary:

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.

Summary:

Students regularly encounter animal dissection in education, yet humane education receives little attention in animal law. This article analyzes the status of humane education laws in the United States. It discusses the range of statutory protections, from student choice laws to bans on vivisection. The article then analyzes the litigation options for students who do not wish to dissect, including constitutional claims and claims arising under student choice laws. The article concludes by calling for additional legislation to protect students who have ethical objections to dissection.

Summary:

This law review provides a summary of the California animal law in the early 1980s. Topics that are discussed include: acquisition of title to animals; ownership rights; statutory criminal restrictions on owners; and indirect regulation by civil case law via actions in trespass, strict liability and negligence.

Summary:

Although all states outlaw cruelty to companion animals, most jurisdictions only prohibit causing unnecessary suffering as well as failure to provide food, water, and shelter. They do not address whether owners must obtain veterinary care. Even the few statutes that mention such treatment do not define exactly what kind and how much is required. This article highlights the deficiencies in these laws. It argues that keeping pets creates an obligation to get them medical treatment when they are sick or injured and also explains why such a duty is necessary. In addition, it proposes uniform legislation that creates an explicit obligation to provide health care to companion animals, imposes a duty on veterinarians to report cruelty, and establishes strict penalties for violations.

Summary:

A vast increase in animal protection laws during the past decade has changed the legal landscape of animal law. The current generation of such laws includes more inventive and effective provisions, but more could be done. This article reviews the current laws of states across the country and proposes a number of specific provisions that would improve the force and effect of animal protection legislation. The Author's goal is to identify pragmatic ways in which to make animals the most statutorily protected type of property in our country.

Summary:

This Comment discusses the problem with the current punishments for animal abuse violations and analyzes why states should adopt statutes that require mandatory minimums in animal brutality convictions. Part II focuses on the psychological problems associated with animal cruelty, including the relationship between animal cruelty and violence toward humans. Part III examines the structure of current animal abuse legislation. Part IV concentrates on the advantages of applying mandatory minimum sentences to the anticruelty provisions of animal abuse statutes.

Summary:

Guidance to local authorities from the Chartered Institute of Environmental Health on the interpretation of the Pet Animals Act 1951 and, in particular, the legality of temporary pet fairs