Equine Issues

Summary:

This article discusses the trends in state Equine Activity Liability Statutes (EALA). Included are the general provisions of EALA statutes, policy reasons behind their adoption, exceptions under the statutes, and recent cases that interpret these acts.

Summary:

This paper highlights the problems of the horse racing industry in an effort to advocate why a national horse racing commission is needed. As currently positioned, the industry has failed to address these problems causing not only a decline in the sport, but also contributing to the many horse breakdowns on the track. With each state having its own racing commission to regulate the sport in that state, the industry as a whole has remained fragmented. Through its commerce powers, Congress could and should mandate a national horse racing commission with a standardized set of mandatory rules for the entire sport.

Summary:

Many invasive procedures, including surgery, are performed on horses’ tails purely for cosmetic reasons. These procedures fall into a variety of categories from the arguably unethical to the undoubtedly criminal. Although criminal laws prohibiting certain cosmetic surgeries have been in existence for approximately one hundred years, they rarely have been enforced. This article reviews the current status of both American and international “anti-cosmetic” statutes, focusing on the constitutional problems that the current American statutes raise. The article proposes a model federal statute that is constitutionally sound, addresses all forms of cosmetic tail procedures, and provides a vehicle for enforcement.

Summary:

Part I of this Note will discuss the domestic horse slaughter industry. It will examine what types of horses are sent to slaughterhouses and by whom, as well as how slaughterhouses operate. Part II will discuss the current state of horse slaughter legislation and the legislative histories that led to the current situation. Part III will discuss the forecast for equine welfare and will explain why the closure of the U.S. equine slaughter industry is detrimental to equine welfare, and Part IV will discuss the negative economic effects that will be felt by the abolition of the domestic slaughter industry. This Note concludes by calling for the repeal of state laws criminalizing the slaughter of horses for human consumption, the reopening of equine slaughterhouses in the United States, and the rejection of the proposed Prevention of Equine Cruelty Act of 2008.

Summary:

Part I of this comment shows the impetus behind equine activity statutes. Part II shows why the need for equine statutes no longer exists based on the doctrine of primary implied assumption of risk. Lastly, Part III surveys Maryland law to show that Maryland will not benefit from an equine activity statute and therefore should not adopt one.

Summary:

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.

Summary:

This law review argues that the use of property to board, train, and graze abused, abandoned and aging (rescue) horses should fall under the Florida Greenbelt Law’s “agricultural” tax classification. The authors of this law review contend that the use of property for rescue horse ranches is consistent with the purpose of the Greenbelt Law, and the rescue horse ranches provide other benefits to Florida's communities.

Summary:

This Article provides an overview of those anabolic steroid regulations in the context of the history of regulation in Thoroughbred horse racing. This Article concludes that while the current limitation on the effectiveness of anabolic steroid regulation is a lack of research and accurate laboratory testing, using a pervasive federal law might be the most effective way of ending the use of anabolic steroids in horse racing.

Summary:

My intention in this article is to discuss the historical antecedents of horse racing and the development of this sport in the United States since the Colonial Era. In order to do this, it is necessary to start from horse racing's beginnings. This historical tour will demonstrate that horse racing and its associated legal norms are much older and well established than many legal doctrines from more well known, but comparatively younger, legal subjects. Through this discussion I will demonstrate how the evolution of the law of Thoroughbred racing reflects the changing nature of American legal and social norms.

Summary:

This article discusses the thousands of foals born each year that are bred for industrial purposes. These foals must then be disposed of as unwanted byproducts of the equine industry. PMU mares are bred to collect urine rich with hormones used in the production of a drug to treat menopausal symptoms. Nurse mares are bred to produce milk to feed foals other than their own. If adoptive homes cannot be found quickly, both industries dispose of their equine byproducts by slaughtering the foals, and sometimes the mares, for profit or convenience. This paper calls for an amendment to the Animal Welfare Act enabling the Department of Agriculture to regulate the PMU and nurse mare farms, and requiring both industries to responsibly dispose of these horses.