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Articles

Author Article Name Summary
(various - conference proceedings)   Legal Status of Nonhuman Animals   On September 25, 1999, a distinguished group of legal scholars met in New York City at the 5th Annual Conference on Animals and the Law, hosted by the Committee on Legal Issues Pertaining to Animals of the Association of the Bar of the City of New York, to discuss how the law classifies nonhuman animals and whether the current legal framework is in accord with scientific understanding, public attitudes, and fundamental principles of justice. This conference took a monumental step in facilitating discussion about, and furthering the cause of, the legal protection and welfare of nonhuman animals.  
Rachelle Adam   THE JAPANESE DOLPHIN HUNTS: IN QUEST OF INTERNATIONAL LEGAL PROTECTION FOR SMALL CETACEANS   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.  
Shadrack Ahrin   COMPLEMENTING LEGISLATION: THE ROLE OF CULTURAL PRACTICES IN THE CONSERVATION OF WILDLIFE – EXAMPLES FROM GHANA   Despite attempts to modernize Ghana’s wildlife laws, they remain largely ineffective and inadequate. However, in the absence of adequate wildlife legislation, the various cultural values in Africa have accepted the task of conserving Africa’s wildlife  
Cynthia Allen   Introduction to Initiative and Referendum Chart   This article provides a short introduction to a detailed chart listing the initiative and referendum process for most states, a list of some general initiatives in these states, and a description of some critical referendums from the past five years. The listing of states provides a link to the relevant state listing on the companion chart.  
Cynthia Allen (initially created); updated by Rebecca F. Wisch   State Chart of Initiatives and Referendums   This chart provides a list of the initiatives from all 50 states for the past five years. Links to the text of the initiatives are provided by links.  
Robert S. Anderson   The Lacey Act: America's Premier Weapon in the Fight Against Unlawful Wildlife Trafficking   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.  
Wendy Anderson   Who Speaks for the Animals?   This article examines the public policy debate over control of stray animal populations, in particular, feral cat colonies. The author, director of a feral cat advocacy group, explains that many of the individuals who act as caretakers for feral cat colonies are caught in a conundrum as to whether they should come "out" as caretakers or remain in secrecy. Much of the current legal policy for animals stems from antiquated animal control laws that do not accurately reflect the attitude of the country toward companion animals.  
Wendy Anderson and Amy Vaniotis   Animals v. Animals: A False Choice   This article examines the recent policy trend that pits animal against animal. In particular, the article focuses on the argument that feral cats are a major contributing factor to the demise of many wild bird species. The authors contend that human population growth and encroachment into wildlife habitat is the root cause of species loss, and our attempt to blame an adaptive species like the cat avoids responsibility. Further, the authors suggest that animal lawyers in particular must be aware of this "diversionary tactic" and attempt to refocus the policy debate on the real causes of animal death.  
Lydia S. Antoncic   HOW TROUBLING YOUTH TRENDS AND A CALL FOR CHARACTER EDUCATION ARE BREATHING NEW LIFE INTO EFFORTS TO EDUCATE OUR YOUTH ABOUT THE VALUE OF ALL LIFE   The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. If a society succeeds in this, that society is about to perish. The obligation of anyone who thinks of himself as responsible is to examine society and try to change it and to fight it—at no matter what risk. This is the only hope society has. This is the only way societies change.  
FERNANDO ARAÚJO   THE RECENT DEVELOPMENT OF PORUGUESE LAW IN THE FIELD OF ANIMAL RIGHTS   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.  
Catherine J. Archibald   Legal Overview of the Recovery of the Gray Wolf Under the Endangered Species Act   The gray wolf was almost extinct in the lower 48 states of the United States by the mid 1900s. Thanks to the Endangered Species Act, the gray wolf may be well on its way to recovery. Issues still remain as the wolf's successful repopulation may signal an end to its full protection under federal laws.  
Catherine J. Archibald   The Recovery of the Gray Wolf Under the Endangered Species Act   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.  
Addie Patricia Asay   Greyhounds: Racing to Their Deaths   Following the introduction, Part II considers the history of the greyhound and the path that led to greyhound racing. Part III discusses the abuse inflicted on greyhounds, and animals used in their training, that has been prosecuted under anti-cruelty statutes. Part IV considers the institutionalized abuse and mistreatment of greyhounds not punished under anti-cruelty statutes. Part V attempts to discover why anti-cruelty statutes have not protected greyhounds adequately. Part VI counters the argument that, because the racing industry is in economic decline, the market should be left to deal with the problem, while Part VII asserts that the most effective way to protect greyhounds is to abolish greyhound racing through a voter-initiative-and- education campaign, which would focus on the abuses experienced by the greyhounds and the costs--moral, physical, and economic--to society because of greyhound racing.  
Kyle Ash   INTERNATIONAL ANIMAL RIGHTS: SPECIESISM AND EXCLUSIONARY HUMAN DIGNITY   The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving biodiversity, a subjugating conceptualization of other species has inhibited the development, application, and legitimacy of the principle of sustainability. The belittling view of other species in relation to ourselves also creates inconsistencies within international law and undermines the integrity and sophistication of its development. International human rights law is especially affected.  
Kyle Ash   WHY “MANAGING” BIODIVERSITY WILL FAIL: AN ALTERNATIVE APPROACH TO SUSTAINABLE EXPLOITATION FOR INTERNATIONAL LAW   The role of humans in mass extinctions necessitates an assessment of the collective human psychology responsible for the degradation of Earth’s life support systems. In this paper, the Author will cite instruments and discourse relevant to international environmental law to illustrate how an antiquated conception of biological hierarchies is condoned whenever other species are mentioned.  
Steven J. Bartlett   Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks   That animals are legally considered property is by all accounts a huge obstacle to animal rights advocates. The stumbling blocks do not end, or even really begin for that matter, there. Human characteristics such as narcissism and cruelty also play an important role in holding back animal advancements. Professor Bartlett argues that in order to make progress for animal interests, advocates must confront these other, perhaps more fundamental, hurdles straight on.  
Steven J. Bartlett   Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks   Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.  
Brooke J. Bearup   Pets: Property and the Paradigm of Protection   This article touches on the evolution of property classifications through history and suggests that the time has arrived for society to re-conceptualize its view on animals as personal property. Re-categorizing animals as equivalent, sentient beings has the potential to affect current search and seizure practices under the Fourth Amendment to the Constitution. This article proposes policy changes that could significantly benefit neglected and abused animals, while still recognizing the fundamental liberty interests of pet owners.  
Beaver Creek Lodge   Beaver Creek Lodge Rates   This document provides a listing of the prices for hunting of available species at Beaver Creek Lodge.  
Kim Eileen Bell   NELSON v. STATE BOARD OF VETERINARY MEDICINE: THE COMMONWEALTH COURT CARVES A SHARPER DEFINITION OF VETERINARY MALPRACTICE   This survey provides a foundation of some basic animal law doctrine, as well as the current state of the law of veterinary malpractice in the United States and, more narrowly, in Pennsylvania. It then examines the Nelson case and how the Commonwealth Court came to its conclusion that rude behavior toward a human client does not constitute malpractice of the animal patient. This survey then renders an evaluation and critique of the Commonwealth Court's decision from the viewpoint of administrative law.  
Douglas E. Beloof   Crime Victims’ Rights: Critical Concepts for Animal Rights   This essay is written by a legal advocate in a socio-legal movement, the crime victims' rights movement, to legal advocates in the animal rights movement. It addresses three issues from the perspective of an outsider to the animal rights movement. First, the essay addresses the problems in the relationship between rights philosophy and successful legal rights advocacy; second, the essay reviews two animal rights legal advocate strategies of incrementalism and the common law coup; finally, the essay concludes with three practical suggestions for the animal rights movement about joining a part of the victims' rights movement to reach mutually identified goals.  
Marjorie A. Berger, Legislative Review Editor   2006 LEGISLATIVE REVIEW   This document provides a link to Animal Law's 2006 Legislative Review.  
Colin Berry, M.S., Gary Patronek, V.M.D., Ph.D., and Randall Lockwood, Ph.D.   LONG-TERM OUTCOMES IN ANIMAL HOARDING CASES   Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarder, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports.  
Gerry W. Beyer   Pet Animals: What Happens When Their Humans Die?   (From article) This article chronicles the evolution of enforcing after-death gifts for the benefit of pet animals. Part II reviews the common law background. Part III details the wide variety of approaches adopted by United States courts, legislatures, and commentators. These approaches treat after-death gifts for pets in three basic categories: (1) invalid; (2) tolerated, but not enforceable; and (3) valid and enforceable. After establishing the current milieu in which a pet owner must function, Part IV recommends the steps an owner may take to maximize the chances of the pet receiving the desired care after the owner's death.  
Patricia A. Bolen   Lost and Found: Humane Societies' Rights and Obligations Regarding Companion Animal Ownership   This article discusses when ownership of a dog that is lost or relinquished by its owner transfers to an animal shelter. The shelter's property rights in a found animal vary depending on whether the animal is licensed or unlicensed, stray or abandoned. Each state has its own rules regarding how long a shelter must keep an animal before transferring ownership to a third party.  
Tina S. Boradiansky   Conflicting Values: The Religious Killing of Federally Protected Wildlife   This Comment explores the current conflict between federal wildlife protection and Indian religious use of animals which reflects this philosophical debate.  
Alissa Branham   Overview of Philosophy and Animals   This overview examines the historical philosophical figures who have contributed to the modern animal rights and welfare movement.  
Alissa Branham   Detailed Discussion of Philosophy and Animals   This discussion examines the historical philosophical figures who contributed to the animal rights and welfare movement. Included are the philosophies of Rene Descartes, Immanuel Kant, and John Stuart Mill.  
Kate Brewer   Housing Discrimination and Companion Animals   This overview discusses the federal laws that prohibit landlords from denying housing to individuals with mental or emotional disabilities who need companion animals to lessen the effects of the disability. The factors in proving the companion animals qualify as "reasonable accommodations" under law are also outlined.  
Kate A. Brewer   Emotional Support Animals Excepted From "No Pets" Lease Provisions Under Federal Law   Federal statutes provide protection for disabled persons against housing discrimination. These statutes and corresponding case law hold that an emotional support animal is a reasonable accommodation for a mentally disabled person, and if a landlord fails to waive a no pets policy to allow the emotional support animal in rental housing, the landlord is in violation of federal laws.  
Kirsten E. Brimer   JUSTICE FOR DUSTY: IMPLEMENTING MANDATORY MINIMUM SENTENCES FOR ANIMAL ABUSERS   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.  
Amy L. Broughton   Cropping and Docking: A Discussion of the Controversy and the Role of Law in Preventing Unnecessary Cosmetic Surgery on Dogs   This article describes the procedures of tail docking and ear cropping, the history of the procedures, their place in modern veterinary care, and discuss the positions of advocates both for, and against these procedures. Additionally, this article explains the ways in which the law is being used internationally in preventing these unnecessary procedures, and the ways that current and future American anti-cruelty laws can be used to put a stop to this epidemic.  
PANELISTS: Taimie Bryant, Una Chaudhuri, and Dale Jamieson   SYMPOSIUM: CONFRONTING BARRIERS TO THE COURTROOM FOR ANIMAL ADVOCATES - LINKING CULTURAL AND LEGAL TRANSITIONS   In this discussion, panelists explore the many viewpoints society holds with respect to nonhuman animals. The discussion broadly covers ethics and what constitutes ethical behavior in this regard. The question dealt with is, largely, what is the appropriate ethical model to use when arguing that animals deserve better treatment and expanded rights? Unlike parallel movements for human civil rights or women’s equality, the animal rights movement has much greater hurdles to overcome when it comes to arguing that animals deserve equal treatment under the law. In an attempt to address this question, the dialogue touches upon many areas of human thought. The panelists take on diverse fields such as philosophy, science, anthropology, environmentalism, and feminism and use them to understand the past and present state of animal law. The analytical tools of these several disciplines are also applied to animal law in an attempt to develop a better model for the future.  
TAIMIE L. BRYANT   MYTHIC NON-VIOLENCE   In this essay the author claims that mythic rejection of violence harms animals and their advocates in the following ways: (1) it lays the foundation for the claims of institutional (ab)users of animals that they do not and would not treat animals cruelly or violently because they are participants in the mainstream values of the society; (2) it results in traumatic silencing of advocates because of public disbelief that so much violence against animals could be occurring in a society that abhors violence; (3) it creates broad-brush oppositional categories such that animals’ advocates can be painted as violent actors in a society that rejects violence; and (4) it hinders full consideration among advocates as to what advocates themselves consider “violent” means of protecting animals for fear that such discussion might allow for any amount of violence and, thereby, discredit animals’ advocates and their cause.  
Mary Stanfield Bubbett   In the Doghouse or in the Jailhouse?: The Possibility of Criminal Prosecution of the Owners of Vicious Dogs in Louisiana   This comment first addresses the established trend in Louisiana of holding dog owners ever more accountable for the damage their dogs cause. Second, this comment explores the emergence of criminal prosecution of dog owners around the country for their animal's actions and its impact on Louisiana jurisprudence. Third, this comment explores the possibility that the prosecution of an owner of a vicious dog might result in a conviction for either negligent homicide or negligent injuring in Louisiana. Finally, this comment proposes a legislative change that ensures those who own killer dogs and carelessly keep them will be punished.  
Jennifer Bunker   2007-2008 CASE LAW REVIEW   This article provides a summary of cases released in 2007 to 2008 relating to animal law.  
Katherine A. Burke   Can We Stand for It? Amending the Endangered Species Act with an Animal-Suit Provision   This article argues that the intent of the ESA would be realized if the standing requirements under the act were expanded to include an animal-suit provision in addition to the citizen-suit provision. The article begins with a brief discussion of the legislative history and the statutory requirements of the ESA, and then delineates the doctrine of standing generally. It concludes that the enactment of an animal-suit provision in the ESA would be consistent with the intent behind the ESA, would be a valid exercise of congressional power, would satisfy the principles inherent in the Court's approach to standing, and could be comfortably realized through next friend representation of qualified animal plaintiffs.  
Katherine A. Burke   LOOKING FOR A NEXUS BETWEEN TRUST COMPASSION, AND REGULATION: COLORADO’S SEARCH FOR STANDARDS OF CARE FOR PRIVATE, NON-PROFIT WILDLIFE SANCTUARIES   This article considers the plight of Colorado wildlife sanctuaries, which is by no means peculiar to the state of Colorado, and carefully examines the standards promulgated by the AZA and by TAOS. The article concludes that the TAOS accreditation program would have provided a significantly better basis for sanctuary regulation, and that by failing to take advantage of this, CDOW has missed an important opportunity to create a nexus between trust, compassion, and regulation.  
Devin Burstein   BREED SPECIFIC LEGISLATION: UNFAIR PREJUDICE AND INEFFECTIVE POLICY   This comment examines breed specific legislation--the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.  
Elaine T. Byszewski   COMMENTS VALUING COMPANION ANIMALS IN WRONGFUL DEATH CASES: A SURVEY OF CURRENT COURT AND LEGISLATIVE ACTION AND A SUGGESTIONS FOR VALUING PECUNIARY LOSS OF COMPANIONSHIP   Because it is exceedingly difficult to measure the value of “companionship” in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward “investment approach” to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals.  
Laura Cadiz   FIFTEEN VOLUMES OF ANIMAL LAW   This article celebrates the fifteenth volume of the Animal Law Review based at Lewis & Clark Law School by discussing the journal's history and development.  
Angela Campbell   Could a Chimpanzee or Bonobo Take the Stand?   Ms. Campbell analyzes the federal witness competency standards and applies them to the current scientific knowledge of chimpanzees and bonobos. Such comparisons indicate that chimpanzees and bonobos could potentially meet these standards and therefore be legally competent witnesses in certain circumstances.  
Dana M. Campbell   A CALL TO ACTION: CONCRETE PROPOSALS FOR REDUCING WIDESPREAD ANIMAL SUFFERING IN THE UNITED STATES   This article details the legal work currently being done to prevent animal cruelty as well as suggestions for future goals.  
PANELISTS: David Cassuto, Jonathan Lovvorn, and Katherine Meyer   SYMPOSIUM: CONFRONTING BARRIERS TO THE COURTROOM FOR ANIMAL ADVOCATES - LEGAL STANDING FOR ANIMALS AND ADVOCATES   For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal’s interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish standing? In this panel, experts in animal litigation discuss the concept of establishing legal standing for animals and animal advocates; the panelists’ own experiences, including specific cases and creative methods used; and the future of legal standing for animals.  
Amy Cattafi   BREED SPECIFIC LEGISLATION: THE GAP IN EMERGENCY PREPAREDNESS PROVISIONS FOR HOUSEHOLD PETS   This article examines the gap in the legislation and explore how this dilemma has come to pass. First it explores what breed-specific legislation actually is, and how it has developed in modern society. Next, this article addresses the scope of current emergency preparedness statutes. Finally, this article attempts to address the issues that are bound to arise in the future.  
Brett Cattani, Associate Editor   2006 ANIMAL LAW-RELATED ARTICLES   This document provides a listing of animal-related law review and journal articles from 2006.  
Adam Cefai   2005-2006 CASE LAW REVIEW   This document provides a tabular listing of the important animal law cases of 2005 and 2006.  
Luis E. Chiesa   WHY IS IT A CRIME TO STOMP ON A GOLDFISH? -- HARM, VICTIMHOOD AND THE STRUCTURE OF ANTI-CRUELTY OFFENSES   Part I provides a brief recount of the history of Anglo-American statutes prohibiting harm to animals. In Part II, the notions of victimhood, consent and harm are explored in order to lay the groundwork for the claims that will be put forth in the remainder of the article. Part III examines five different theories advanced to explain the interest society seeks to promote by punishing acts that are harmful to animals. Part IV explains why it is not necessarily the case, as some animal law scholars have argued, that because animal cruelty statutes allow for the infliction of harm to animals as a result of hunting, scientific activities and farming, the interest primarily sought to be protected by these laws is something other than the protection of animals.  
Varu Chilakamarri   TAXPAYER STANDING: A STEP TOWARD ANIMALCENTRIC LITIGATION   This comment takes a novel approach in animal law jurisprudence by evaluating the taxpayer standing doctrine and how animal welfare proponents may utilize it. The doctrine can potentially be used for public interest litigation whenever a link can be found between a social harm and the use of public monies.  
Emilie Clermont, Legislative Review Editor   2003 LEGISLATIVE REVIEW   This article provides an overivew of animal-related legislation from 2003.  
Henry Cohen   Book Review: An American Trilogy: Death, Slavery, and Dominion on the Banks of the Cape Fear River   In this book review, Mr. Henry Cohen reviews "An American Trilogy: Death, Slavery, and Dominion on the Banks of the Cape Fear River" by Steven M. Wise.  
Henry Cohen   THE ANIMAL WELFARE ACT   The Animal Welfare Act is a federal statute that directs the Secretary of the United States Department of Agriculture to "promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors." This article summarizes the original 1966 act, all its amendments, and bills to amend it that are pending in the 109th Congress.  
Phyllis Coleman   MAN[’S BEST FRIEND] DOES NOT LIVE BY BREAD ALONE: IMPOSING A DUTY TO PROVIDE VETERINARY CARE   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.  
State of Colorado Department of Agriculture   Chronic Wasting Disease In Domesticated Elk   This document provides a short overview of the disease cycle and transmission of Chronic Wasting Disease (CWD)among the elk herd in Colorado. It also outlines the steps the State of Colorado is taking to ensure detection of the disease in wild and domestic herds of bovine animals.  
Marla K. Conley   CARING FOR DOLPHINS, OTTERS, AND OCTOPUSES: SPECIESISM IN THE REGULATION OF ZOOS AND AQUARIUMS   This article discusses existing regulations for the following three levels of animals in light of their physical and intellectual needs: dolphins as compared to elephants and nonhuman primates, otters as compared to dogs, and octopuses as compared to hamsters and rabbits. Finally, this article recommends several adjustments to existing regulations for marine animals.  
William R. Cook   OUTSIDE THE BOX: EXPANDING THE SCOPE OF ANIMAL LAW   In this Introduction to Volume 14, Issue 2 of Animal Law, the author reflects on the 72nd North American Wildlife and Natural Resources Conference, an annual professional gathering for wildlife management professionals (mostly government wildlife managers).  
Krista Cotter   Overview of Regulation for Nonessential Experimental Populations of the Western Distinct Population Segment (DPS) of the Gray Wolf   This overview compares the proposed regulation (68 FR 15879) and the changes made in the recent final rule (70 F.R. 1286) that concerns the Western Distinct Population Segment for the Gray Wolf (Canis lupus).  
Krista Cotter   Overview of Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the California Tiger Salamander; and Special Rule Exemption for Existing Routine Ranching Activities   The FWS through this rule has designated a critical habitat in Santa Barbara County, California for the California Tiger Salamander (Ambystoma califoniese) (CTS) pursuant to the Endangered Species Act of 1973. This rule fulfills the final requirements of the settlement agreement reached in Center for Biological Diversity v. U.S. Fish and Wildlife Service. The reason for the designation of critical habitat for the CTS is the net loss in CTS grazing land over a 10 – 12 year period due to extensive farming, regardless of the efforts made to increase the amount of suitable grazing land. As a result of the designation of land as critical habitat for the CTS, federal agencies will have to consult with the FWS prior to undertaking or authorizing activities that may impact the habitat.  
Krista Cotter   Summary of Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Arroyo Toad (Bufo californicus)   This rule designates 11,695 acres of critical habitat for the arroyo toad in Santa Barbara, Ventura, Los Angeles, San Bernardino and Riverside counties in California. FWS had to designate critical habitat for the arroyo toad as a result of a settlement agreement in Center for Biological Diversity v. United States Fish and Wildlife Service. The critical habitat was designated in accordance with the Endangered Species Act of 1973 and its amendments. This specific critical habitat is a revision of the final rule on arroyo toad critical habitat designation of 2/1/01 (69 FR 9414), which was deemed deficient and was overruled. The current habitat is designated pursuant to court order stemming from Building Industry Legal Defense Foundation v. Gale Norton, Secretary of the Interior, which ordered FWS to publish a new critical habitat designation for the arroyo toad.  
Krista M. Cotter   Critical Habitat Summary for Mariana Fruit Bat   This final rule downgrades the Mariana fruit bat from endangered to threatened throughout its range in the Mariana archipelago, which is subject to US jurisdiction. The reason for the down grade is the FWS initially made a mistake in the taxonomy of the Mariana fruit bat. When the FWS listed the bat as endangered on Guam in 1984, it believed that the bat was a species only endemic to Guam. Since that time, the FWS has discovered that the bat is endemic to the entire Commonwealth of the Northern Mariana Islands (CNMI) and the Territory of Guam.  
Krista M. Cotter   Critical Habitat Summary for the Bull Trout   This final rule is written to designate a critical habitat for the Klamath River and Columbia River populations of Bull Trout. The critical habitat designation includes approximately 1,748 miles of streams and 61,235 acres of lakes and marshes. The reason for this designation is that at the time of listing, there are only seven remaining non-migratory populations of bull trout, and the designation is mandatory pursuant to a court order.  
Krista M. Cotter   Critical Habitat Summary for Buena Vista Lake Shrew   Final rule by the FWS designating a critical habitat for the Buena Vista Lake Shrew, consisting of 84 acres, in accordance with the 1973 Endangered Species Act. The shrew was listed as endangered through a final rule that was published in the Federal Register on March 6, 2002 (67 FR 10101). The designation of the critical habitat for the shrew was made pursuant to a judicial order from the United States District Court for the Eastern District of California. The order arose from Kern County Farm Bureau v. Badgley, U.S. Dist, LEXIS 24125, 2002.  
Krista M. Cotter   Critical Habitat Summary for Santa Ana Sucker   Under this final rule, the FWS has designated critical habitat for the Santa Ana Sucker, in 3 noncontiguous populations in The lower and middle Santa Ana River in San Bernardino, Riverside, and Orange counties; the East, West, and North Forks of the San Gabriel River in Los Angeles County; and lower Big Tujunga Creek, a tributary of the Los Angeles River in Los Angeles County. We have identified 23,719 acres (ac) (9,599 hectares (ha)) of aquatic and riparian habitats essential to the conservation of the Santa Ana sucker.  
Krista M. Cotter   Critical Habitat Summary for Topeka Shiner   This rule is a correction to a previous final rule designating critical habitat for the Topeka Shiner (Notropis Topeka), published in the Federal Register on July, 24, 2004 (69 FR 44736). In the previous final rule, the FWS designated as critical habitat 1,356 kilometers of stream in Iowa, Minnesota, and Nebraska. They excluded from designation all previously proposed critical habitat in Kansas, Missouri, and South Dakota, and excluded the Fort Riley Military Installation in Kansas from critical habitat designation.  
Krista M. Cotter   Critical Habitat Summary for riverside fairy shrimp   FWS has designated critical habitat pursuant to section 3 of the Endangered Species Act (ESA) for the federally endangered riverside fairy shrimp that encompasses 306 miles within Ventura, Orange, and San Diego Counties in California. The riverside fairy shrimp is a freshwater crustacean that is found in vernal pools (a shallow depression that fills with rainwater and does not drain into the lower drainage section) in the coastal California area. The shrimp is the second most primitive living crustacean and is the most recently discovered crustacean in California.  
Krista M. Cotter   Critical Habitat Summary for five river mussel species   The FWS has designated designate 13 river and stream segments in the Tennessee Cumberland River Basins, for a total of approximately 885 river as critical habitat for five endangered mussels: Cumberland elktoe (Alasmidonta atropurpurea), oyster mussel (Epioblasma capsaeformis), Cumberlandian combshell (Epioblasma brevidens), purple bean (Villosa perpurpurea), and rough rabbitsfoot (Quadrula cylindrica strigillata). All five mussels belong to the Unionidae family.  
Krista M. Cotter   Critical Habitat Summary for Boulder Darter and Spotfin Chub   This final rule is a collaborative effort between the FWS and the states of Tennessee and Alabama and Conservation Fisheries, Inc. to reintroduce the boulder darter (Etheostoma wapiti), an endangered fish, and the spotfin chub (Cyprinella (=Hybopsis) monacha), a threatened fish to its historical habitat in Lauderdale County Alabama and Lawrence County, Tennessee. This rule provides for Non-essential Experimental Populations (NEP) within the designated area and it establishes limited allowable legal takings in that area. Additionally, this rule also changes the scientific name of the spotfin chub from Cyprinella (=Hybopsis) monacha to Erimonax monachus, to reflect a recent change in the scientific literature.  
Sunrise Cox   2005-2006 LEGISLATIVE REVIEW   This article provides an overview of state and federal legislation from 2005 - 2006.  
Mary W. Craig   JUST SAY NEIGH: A CALL FOR FEDERAL REGULATION OF BYPRODUCT DISPOSAL BY THE EQUINE INDUSTRY   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.  
Paul J. Cucuzzella   The Mute Swan Case, the Fund for Animals, et al. v. Norton, et al: National, Regional, and Local Environmental Policy Rendered Irrelevant by Animal Rights Activists   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.  
Larry Cunningham   The Case Against Dog Breed Discrimination by Homeowners' Insurance Companies   Part I of this article gives an overview of the problem: dog breed discrimination by insurers, as well as a related problem of breed-specific legislation by some states. Part II analyzes the major scientific studies on dog bites, showing that no one has adequately proven that some breeds are more inherently dangerous than others. Part III shows that breed discrimination and breed-specific legislation are opposed by most veterinary and animal groups. Part IV demonstrates that insurers have been ignoring the unique and special role that pets play in millions of American homes. Part V shows how the insurance industry is a highly regulated industry which subjects itself to legislative control where, as here, the public is being harmed by underwriting decisions not driven by actuarial justification.  
Suzette Daniels   An Introduction to Pet in Wills and Pet Euthanasia   This paper examines several issues related to estate planning and companion animals. Included in the discussion are pet trusts, new provisions of the Uniform Probate Code, and will-stipulated euthanasia of pets.  
Bill Davis   Rebuilding the Wall   This essay discusses recent developments in the push towards recognizing rights for nonhuman animal and submits that almost every current advocate for, and critic of, the movement embraces intelligenceism-a cognition-based bias that may well hamper the expansion of rights beyond a small group of human-like nonhuman animals.  
Carlos de Paula   2005-2006 FEATURED ANIMAL LAW CASE   This case from Brazil considers a habeas corpus proceeding for a chimpanzee kept in a zoo.  
Maneesha Deckha   THE SALIENCE OF SPECIES DIFFERENCE FOR FEMINIST THEORY   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.  
Elizabeth L. DeCoux   IN THE VALLEY OF THE DRY BONES: [FN1] REUNITING THE WORD “STANDING” WITH ITS MEANING IN ANIMAL CASES   This Article addresses the failure of the legal system's efforts to protect animals and suggests an effective solution: an action brought in the animal's name by a guardian ad litem. The article documents the failure of HMSA and AWA, exploring the connection between those failed statutes and the law of standing in relation to animals. It then moves beyond the law regarding standing and identifies some of the larger philosophical, ethical, and scientific issues that arise when serious consideration is given to the standing of animals, concluding that there is error in viewing them as the “other” whose interests and rights need not be considered.  
Marianne Dellinger   USING DOGS FOR EMOTIONAL SUPPORT OF TESTIFYING VICTIMS OF CRIME   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.  
Antonia M. DeMeo   Access to Eagles and Eagle Parts: Environmental Protection v. Native American Free Exercise of Religion   This article explores the inherent conflict between the federal laws to protect eagles through the BGEPA, MBTA, and ESA and Native American religious rights. The author finds that the current eagle permit system for Native Americans is incompatible with free exercise of religion. The author concludes that a revamping of the federal eagle permit system as well as the passage of the Native American Free Exercise of Religion Act (NAFERA)would help accommodate religious needs of Native Americans.  
Tyler Dewey   CALLING OFF THE HUNT: THE MORALITY OF SUPPORTING A BAN ON COMMERCIAL WHALING   This note examines the current deadlock in the IWC, discusses the shift from conservation towards preservation, and argues for a continuation of the moratorium based on moral and ethical concern for whales as whales. Part I traces the history of whaling and whale regulation. Part II discusses the current regulatory scheme. Part III analyzes the Preservationist position as it concerns whales. It builds from a discussion of the uncertain science concerning whale populations and stock recovery, to a discussion of the pain and suffering inflicted on whales by current whale practices, and finishes by arguing that whales, as unique and intelligent mammals, deserve protection as such.  
Carter Dillard   FALSE ADVERTISING, ANIMALS, AND ETHICAL CONSUMPTION   In light of the fact that today's consumers often want their products to be created in the most environmentally-, globally-, and animal-friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. This article investigates the ways that consumers can protect themselves from false advertising through the use of federal and state agencies, independent review, federal and state courts, and private attorneys general actions.  
PANELISTS: Carter Dillard, David Favre, Eric Glitzenstein, Mariann Sullivan, and Sonia Waisman   SYMPOSIUM: CONFRONTING BARRIERS TO THE COURTROOM FOR ANIMAL ADVOCATES - ANIMAL ADVOCACY AND CAUSES OF ACTION   In the third panel of the NYU Symposium, distinguished animal law professionals discuss various causes of action which may be used on behalf of animals in the courtroom. Panelists talk about traditional forms of standing, make suggestions for innovation using existing laws, and discuss visions of how they would like to see the law develop as it pertains to standing for animals.  
Denee A. DiLuigi   IN THE LINE OF FIRE: BROWN V. MUHLENBERG TOWNSHIP AND THE REALITY OF POLICE SEIZURES OF COMPANION ANIMALS   Ms. DiLuigi addresses a companion animal owners’ rights under current law to bring and maintain an action for the unreasonable seizure of their companion animal by an officer as well as an action for the intentional infliction of emotional distress in light of the Third Circuit’s recent decision in Brown v. Muhlenberg Township. Applying various legal doctrines, Ms. DiLuigi also explores potential legal arguments for future litigation stemming from an officer’s execution of a companion animal.  
Shannon L. Doheny (Florida State University College of Law)   FREE EXERCISE DOES NOT PROTECT ANIMAL SACRIFICE: The Misconception of Church of Lukumi Babalu Aye v. City of Hialeah and Constitutional Solutions for Stopping Animal Sacrifice   In 1993, the U.S. Supreme Court upheld a First Amendment religious free exercise challenge brought by a Florida Santerían church in Church of Lukumi Babalu Aye v. City of Hialeah. However, Lukumi may be the most misunderstood legal precedent in recent history. The decision is often cited for the proposition that religious practitioners have a constitutional right to engage in animal sacrifice. This is far from the truth. Lukumi was decided in a unique context, and its holding was not based on the merits of animal sacrifice. This article will demonstrate that Lukumi does not force government to acquiesce to animal sacrifice, or the “litter” it creates.  
Laura Donnellan   ANIMAL TESTING IN COSMETICS: RECENT DEVELOPMENTS IN THE EUROPEAN UNION AND THE UNITED STATES   Animal welfare has become a recent issue in the policy of the European Union. As a positive step in recognizing the unnecessary suffering of animals, the Cosmetics Directive will be the focus in the first part of this article. The amendments to the Cosmetics Directive to prohibit the testing of animals in cosmetics culminated in the case of France v. European Parliament and the Council of the European Union. Similar measures were adopted in California, which will be discussed in the second half the article.  
Geordie Duckler   The Economic Value of Companion Animals: A Legal and Anthropological Argument for Special Valuation   Mr. Duckler delves into valuation issues that arise in the context of recovery of non-economic damages for death and injury to companion animals. He argues that the special nature of companion animals in society necessitates an assigned monetary worth to such animals that is distinct from and exceeds mere market value. As support for this contention, Mr. Duckler provides relevant legal, sociological, and anthropological analyses.  
Geordie Duckler, Ph.D., Esq.   TWO MAJOR FLAWS OF THE ANIMAL RIGHTS MOVEMENT   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.  
Geordie Duckler   ON REDEFINING THE BOUNDARIES OF ANIMAL OWNERSHIP: BURDENS AND BENEFITS OF EVIDENCING ANIMALS’ PERSONALITIES   Were animals as personalty appreciated in their fundamental distinctions from other personal properties, the law might be able to fashion a more sophisticated set of legal responsibilities for, and rewards of, such ownership. As evidence doctrines on character and propensity expand and contract to address boundaries for these concepts, a fuller potential for property law may be effectively promoted as a result.  
Ashley Duncan   In-Depth Overview of Retail Pet Stores   Over half of all households in America have at least one pet. While some of these animals are available for adoption at local humane societies, most people buy their pets from retail pet stores. Since there are so many animals being housed at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper addresses what federal and state laws are in place to regulate these welfare issues.  
Ashley Duncan   Detailed Discussion of Retail Pet Stores   With such a large number of animals being housed and sold at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper examines the laws pertaining to the welfare of animals in retail pet stores at the federal and state level and comments on the welfare issues that still need to be addressed.  
Patrick Dykstra   Banning “Canned Hunts” For The Greater Protection Of Animal Rights And Welfare And For the Preservation Of Hunter’s Rights   This paper considers the issue of "canned hunts" and how the legal system deals with them.  
Russell C. D’Costa   REPARATIONS AS A BASIS FOR THE MAKAH’S RIGHT TO WHALE   The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United Stated government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts by the federal government to compensate Native Americans for past wrongs. Next, an examination of the history and culture of the Makah tribe provides a greater understanding of the significance of whaling to the Makah. The essay then expounds on why permitting the tribe to engage in whaling is an acceptable form of reparations. Finally, arguments against the Makah’s whaling are also examined and critiqued.  
Ethan Carson Eddy   PRIVATIZING THE PATRIOT ACT: THE CRIMINALIZATION OF ENVIRONMENTAL AND ANIMAL PROTECTIONISTS AS TERRORISTS   This Article describes the model Animal and Ecological Terrorism Act its permutations currently pending in state legislatures, its proponents, and their motivations. It further explains the legal and rhetorical parallels between the Model Act and the USA Patriot Act. The Article predicts that courts will find the bills' constraints on speech to be undeniably content-based and without a sufficiently compelling state interest. In the end, the Article concludes by explaining how the bills exploit the USA Patriot Act's anti-terrorism rhetoric, and reveal a concerted corporate strategy to manipulate the term “terrorist” and capitalize on its potency, in an anticompetitive effort to secure protectionism from the adverse economic effects of criticism, protests, and boycotts.  
Sam B. Edwards, III   Legal Trade in African Elephant Ivory: But Ivory to Save the Elephant?   Mr. Edwards discusses the recent decision to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan under the Convention on International Trade in Endangered Species (CITES). In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls on the supply side in Africa and the demand side in Japan are insufficient to prevent poaching and the eventual decimation of the species. This one-time sale should act as a warning to prevent further sales without a significant revamping of the control mechanisms.  
Robert Eisenbud   Problems and Prospects for the Pelagic Driftnet   A direct impact of the pelagic driftnet is the incidental taking of marine mammals. Pelagic driftnet fisheries are conducted by vessels from Japan, Taiwan and the Republic of Korea. The incidental taking of marine mammals within the Fishery Conservation Zone by the Japanese fleet is subject to regulation under the Marine Mammal Protection Act.  
Stephanie J. Engelsman   “WORLD LEADER”--AT WHAT PRICE? A LOOK AT LAGGING AMERICAN ANIMAL PROTECTION LAWS   This paper will begin in showing that the United States has done virtually nothing to ensure that all creatures are free from unnecessary pain and suffering. This paper will then explore what other developed countries have done towards protecting nonhuman animals in the same amount of time. This paper in no way suggests that any of the countries to be discussed have solved the problem of animal exploitation; however it does suggest that many of those countries have at least begun to make a legitimate and concerted effort towards protecting animals from human greed.  
John Ensminger and Frances Breitkopf*   Evolving Functions of Service and Therapy Animals and the Implications for Public Accommodation Access Rules   This in-depth article presents the various categories of service animals and the functions they perform. It then examines the federal and state laws and regulations that control access to public accommodation and transportation. The authors conclude by suggesting that a uniform system of licensing and tagging would alleviate the confusion presented by current laws.  
Lynn A. Epstein   Resolving Confusion in Pet Owner Tort Cases: Recognizing Pets' Anthropomorphic Qualities Under a Property Classification   The author examines the important role pets play in our lives in contrast with their nominal assessed market value by courts. The author then provides a uniform suggestion that will enable courts to standardize an owner's pet loss claim. Courts should continue to classify pets as property, yet relax the classification standard to permit a flexible market value analysis that includes the right to assert a punitive damage claim as a means of providing adequate and fair recompense to the grieving pet owner.  
Lynn A. Epstein   THERE ARE NO BAD DOGS, ONLY BAD OWNERS: REPLACING STRICT LIABILITY WITH A NEGLIGENCE STANDARD IN DOG BITE CASES   Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a child’s torts, and property owner liability for injuries caused by his property. The Author concludes by proposing a negligence standard to be applied in dog bite cases.  
Geoffrey C. Evans   TO WHAT EXTENT DOES WEALTH MAXIMIZATION BENEFIT FARMED ANIMALS? A LAW AND ECONOMICS APPROACH TO A BAN ON GESTATION CRATES IN PIG PRODUCTION   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.  
David S. Favre   Veterinarian Malpractice   This article provides a short history of the development of veterinary malpractice as a cause of action and also explores the elements of a malpractice suit. It further delineates the concepts of standard of care, proximate cause, and res ipsa loquitur. Defenses to malpractice actions are also discussed.  
David Favre   Equitable Self-Ownership for Animals   This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggest that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal.  
David Favre   The Gathering Momentum   This article provides introductory remarks to the Journal of Animal Law by Professor David Favre.  
David S. Favre   Debate Within the CITES Community: What Direction for the Future?   This article introduces the reader to the context and terms of the international treaty for the protection of endangered species (CITES) There is a focus on the attempt to deal with the concept of sustainable use as relates to wildlife by the various states of the world and nongovernmental organizations.  
David S. Favre   Overview of the U.S. Endangered Species Act   A summary of the key provisions of the US Endangered Species Act.  
David Favre   Overview of Convention on International Trade in Endangered Species   This article is a detailed overview of the scope and nature of the international treaty, CITES. This treaty has been adopted by over 150 countries for the control of international trade in endangered species.  
David Favre   Overview of Damages for Injury to Animals - Pet losses   This overview describes the state of law with regard to damages for injury or loss of pets. Included in the discussion is an examination of the traditional market valuation of pets, punitive damages, consequential damages, and damages related to emotional distress.  
David Favre   Judicial Recognition of The Interests of Animals - A New Tort   The article examines how the interest of humans are represented in the legal system and how the interests of animals might better be brought into the legal system with the creation of a new tort for the benefit of animals.  
Professor David Favre   Overview of U.S. Animal Welfare Act   This article provides a detailed consideration of the nature and scope the United States Animal Welfare Act.  
David S. Favre   American Wildlife Law - An Introduction   This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority.  
David Favre   An Introduction to the Nature of Treaties   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.  
David Favre   Some Thoughts on Animal Experimentation   This article develops a quick context for discussing the use of animals in scientific research.  
David Favre   INTEGRATING ANIMAL INTERESTS INTO OUR LEGAL SYSTEM   This article explores the obstacles to obtaining legal rights for animals both within the animal rights movement and within the broader political context. The author examines in which arena legal change might best be sought--the courts, the legislature, state governments, or the federal government. Finally, it makes a number of suggestions as to what type of laws would be the most successful in advancing the interests of animals.  
David Favre & Vivien Tsang   The Development of the Anti-Cruelty Laws During the 1800's   Article explains how the laws which deal with protection of animals from inappropriate human acts developed during the 1800's. The key focus is on Henry Bergh's efforts in the adoption of the 1867 New York Act.  
David S. Favre   Pet Trusts and Other Estate Issues   This overview explores the recent changes in probate law related to wills and trusts for the continuing care of animals.  
David S. Favre   Landowner and Landlord Liability for Dangerous Animals   This overview explores the liability for both landowners and landlords for injuries to third parties caused by tenant's animals. As a general proposition, liability is imputed only where the landowner or landlord has a duty to a third party, which is usually based on knowledge of the vicious propensity of the animal. Further, the injury must be reasonably foreseeable under the circumstances. The paper sets forth the level of duty owed to different classes of third party visitors (licensees, invitees, and trespassers) as well as how the location of an attack affects landlord liability.  
David S. Favre   Detailed Discussion of Dog Bite Laws   This article provides a detailed discussion of dog bite law and liability. It includes an introduction to tort law as well as common torts involving dogs. An examination of strict liability and vicious propensity is also included.  
Alicia Finigan   2001 Legislative Review   This article provides an overview of 2001 state and federal animal related legislation.  
April Fisher, Amber A. Bell   Did United States v. Hayashi Fail to Provide a Safe Harbor for Marine Mammals Under the Marine Mammal Protection Act?   This article examines the holding in United States v. Hayashi and concludes that by narrowly defining what constitutes "harm" under the MMPA, the Ninth Circuit ignored the plain meaning of the term, the legislative history of the MMPA and the regulations interpreting the MMPA. Moreover, the Ninth Circuit's holding in Hayashi allows fishermen to harass marine mammals as long as the action does not seriously disrupt normal marine mammal behavior.  
Edward A. Fitzgerald   DYSFUNCTIONAL DOWNLISTING DEFEATED: DEFENDERS OF WILDLIFE v. SECRETARY, U.S. DEPARTMENT OF THE INTERIOR   Abstract: In 2003, the United States Department of the Interior (DOI) established three distinct population segments (DPSs) for the gray wolf, which encompassed its entire historic range. In addition, DOI downlisted the gray wolf from an endangered to threatened species in the Eastern and Western DPSs, despite the wolf's continued absence from ninety-five percent of its historic range. The U.S. District Court for the District of Oregon properly invalidated DOI's dysfunctional downlisting of the gray wolf. DOI's interpretation of “significant portion of its range” was inconsistent with the text, intent, and purposes of the Endangered Species Act (ESA). In addition, DOI inverted its DPS policy, which provides different populations of the species different levels of protection in different portions of its historic range. Achieving the recovery plan goals did not warrant downlisting the gray wolf. DOI also failed to address the five downlisting factors of section 4(a) of the ESA across a significant portion of the gray wolf's historic range. Nevertheless, DOI could have established two DPSs encompassing the populations of gray wolves in the western Great Lakes and northern Rocky Mountains, and could have accordingly downlisted these populations to threatened species status.  
Edward A. Fitzgerald   THE ALASKAN WOLF WAR: THE PUBLIC TRUST DOCTRINE MISSING IN ACTION   This article argues that the courts should have invoked Alaska’s public trust doctrine, which prevents the granting of preferences over state natural resources. The courts should have also rigorously examined the BOG’s wolf killing policies and protected the wolf as a valuable public trust resource. The BOG’s wolf killing policies have not been supported by the public, leading to ballot initiatives to protect the wolf. Congress is currently considering the Protect America’s Wildlife Act, which will prevent the same day airborne hunting of Alaska’s wolves.  
Caroline Forell   USING A JURY OF HER PEERS TO TEACH ABOUT THE CONNECTION BETWEEN DOMESTIC VIOLENCE AND ANIMAL ABUSE   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.  
Roger S. Fouts   APES, DARWINIAN CONTINUITY, AND THE LAW   This article proposes that the delusional worldview that "man" is outside and above the other "defective" organic beings in nature is completely without empirical scientific foundation. An alternative and harmonious way of being is presented that is derived from the acceptance of the biological reality of continuity.  
Alexis C. Fox   USING SPECIAL MASTERS TO ADVANCE THE GOALS OF ANIMAL PROTECTION LAWS   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.  
Nicole Fox   THE INADEQUATE PROTECTION OF ANIMALS AGAINST CRUEL ANIMAL HUSBANDRY PRACTICES UNDER UNITED STATES LAW   This article looks at available legal protections for all farmed animals, and recommends that Congress enact stricter animal welfare laws.  
Gary L. Francione   Animal Rights Theory and Utilitarianism: Relative Normative Guidance   Animal “rights” is of course not the only philosophical basis for extending legal protections to animals. Another, competing, basis is based on the theory of utilitarianism – the outright rejection of rights for all species and instead advocacy for equal consideration. This is the view espoused by Peter Singer, author of Animal Liberation. In this article, Professor Francione compares animal rights with utilitarianism, discussing the pros and cons of each  
Gary L. Francione   Animals as Property   Animals are property, not persons. And yet, at the same time, they are treated differently than other forms of property such as cars, toasters, and crops. Professor Francione discusses the legal status of animals and argues that, given the law as it now stands, before any real gains can be made in animal rights, either theory or in practice, the legal classification of animals must change from that of good to something more closely resembling personhood.  
Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, Paul A. Ernest   State Animal Anti-Cruelty Statutes: An Overview   This article provides an introduction to the current status of state animal anti-cruelty laws throughout the United States. Extensive exploration of the similarities and differences between these statutes, combined with detailed statutory citations, enables this article to serve as a useful resource for research and statistical purposes. Additionally, the article offers an opportunity to review many of the provisions contained within these anti- cruelty statutes and to identify those in need of improvement.  
Pamela D. Frasch   FINDING OUR VOICE: CHALLENGES AND OPPORTUNITIES FOR THE ANIMAL LAW COMMUNITY   In this introduction to Volume 14 of Animal Law, the author reflects on the progress of the animal law movement.  
Pamela D. Frasch; Stephan K. Otto; Kristen M. Olsen; Paul A. Ernest   STATE ANIMAL ANTI-CRUELTY STATUTES: AN OVERVIEW   A summary and legislative reference of state animal cruelty laws throughout the United States as of 1999.  
Laurie Fulkerson   2001 Legislative Review   This article presents an overview of 2001 animal-related legislation.  
Adam J. Fumarola   With Best Friends Like Us Who Needs Enemies? The Phenomenon of the Puppy Mill, the Failure of Legal Regimes to Manage It, and the Positive Prospects of Animal Rights   The article details the origins of the puppy mill, and how puppy mills relate to other breeding operations. In addition, the author discusses the Animal Welfare Act, zoning laws, contracts, products liability, and lemon laws.  
The Fund for Animals   Canned Hunts: Unfair at Any Price   This article explores the issues surrounding "canned hunts." Section I provides an introduction and overview; explores the ethical objections to canned hunts based on standards generally accepted by the sport hunting community; raises questions about the appropriate legal analogy that should be applied to canned hunts; and discusses the serious animal health and public health issues raised by canned hunts. Section II catalogs the relevant statutes and regulations of each state with an example of a model ordinance relating to the regulation of canned hunts.  
The Fund for Animals   Canned Hunts: The Other Side of the Fence   This article, reprinted with permission from The Fund for Animals' website, explains the activity referred to as 'canned hunting.'  
Hanna Gibson   Dog Fighting Legal Overview   A brief overview of the history, scope, and legal status of dog-fighting.  
Hanna Gibson   Dog Fighting Detailed Discussion   An in-depth article on the insidious crime of dogfighting, including information for investigators and prosecutors. The discussion focuses on the history, sociology, and and effects on communities due to dogfighting. Further included is a discussion of the relevant legal issues raised in prosecuting dogfighting offenders.  
Tara J. Gilbreath   WHERE’S FIDO: PETS ARE MISSING IN DOMESTIC VIOLENCE SHELTERS AND STALKING LAWS   This article addresses two key areas of domestic violence law where disregard for the bond shared by an animal and owner places both the animal and the domestic violence victim in danger. The first of these situations is the majority of domestic violence shelters’ refusal or inability to allow victims to bring their animals with them. The second is the law’s blatant omission of a stalker’s threat of violence, and actual violence, towards animals from coverage by the nation’s anti-stalking laws. Both of these situations illustrate how refusal by the law to recognize the bond shared by human and animal place both in peril.  
Clayton Gillette and Joyce Tischler   SYMPOSIUM: CONFRONTING BARRIERS TO THE COURTROOM FOR ANIMAL ADVOCATES - INTRODUCTION   On April 14, 2006, the Student Animal Legal Defense Fund of New York University School of Law hosted a symposium on how to overcome some common courtroom barriers faced by animal advocates. Panelists discussed cultural and legal transitions, legal standing for nonhuman animals, and potential causes of action. Symposium participants included prominent attorneys, authors, philosophers, and professors specializing in the field of animal protection law.  
Jen Girgen   THE HISTORICAL AND CONTEMPORARY PROSECUTION AND PUNISHMENT OF ANIMALS   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.  
Marcia Goodman Kramer   HUMANE EDUCATION, DISSECTION, AND THE LAW   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.  
Shawn Gorman [FNa1] Julie Levy [FNaa1]   A Public Policy Toward the Management of Feral Cats   This paper examines the current wildlife laws, both federal and state, to determine what laws may apply to managing the feral cat population. It begins with a determination of how domestic cats are classified under these laws. Since many laws are vague, the intent of the legislatures is investigated to determine if domestic cats were meant to be defined as a non-indigenous species. The focus then shifts to indicate ways to control the feral domestic cat population.  
Eden Gray   Changing the Tax System to Effect Humane Treatment of Farm Animals   The meat, egg, and dairy industries in the United States slaughter over ten billion land animals each year. The majority of these animals are raised on capital intensive factory farms. Large farming operations use factory farms to cut production costs and thereby increase their profit margins. Although this industrialization of the animal agriculture business reduces monetary costs, it causes immense suffering to the farm animals and raises significant costs to society, including a reduction in the number and profitability of family farms, an increase in the health risks related to meat consumption, a proliferation of damage to the environment, and a rise in threats to farm workers’ health. Current federal and state legislation fails to protect farm animals from the cruel, inhumane conditions common on factory farms. This paper discusses changes that could be made to the tax code to provide incentives to farms to treat farm animals more humanely.  
Kali S. Grech   Overview of the Laws Affecting Zoos   This overview outlines the laws pertaining to zoo animals on the state, federal, and international level. It also discusses the importance of voluntary compliance by zoos to maintain appropriate standards, including membership in the American Zoo and Aquarium Association (AZA). Until the laws are improved, there is stricter control and more enforcement, then zoo animals will continue to suffer.  
Kali S. Grech   Detailed Discussion of the Laws Affecting Zoos   This paper examines the laws pertaining to zoo animals on the international, federal, and state level, along with voluntary standards, not mandated by law. On the international level there are only regulations which apply to the trade of the species between international countries, limiting how many can be imported and exported and how they are transported. On the federal level, those laws most important to zoo animals are the Animal Welfare Act and the Endangered Species Act. The AWA sets minimum standards for the care, handling, housing, and transport of animals exhibited in zoos. The ESA applies to those animals listed as threatened or endangered, but even then exhibition alone will never constitute a violation. State laws consist of anti-cruelty statutes that come into force only after a violation has occurred. Voluntary associations such as the American Zoo Association set higher standards of care for their members, in some instances, than the minimum standards set forth in the Animal Welfare Act. Using the elephant as a case study, this paper exposes the inadequacies of our existing laws, which have resulted in unfortunate incidents nationwide. It also exposes the underground trade of surplus zoo animals, which continues because of the lacking enforcement of current laws.  
Alan Green and the Center for Public Integrity   Animal Underworld: Inside America's Black Market for Rare and Exotic Species   This excerpt outlines the on-going debate related to canned hunts of captive exotic animals.  
Christopher Green   THE FUTURE OF VETERINARY MALPRACTICE LIABILITY IN THE CARE OF COMPANION ANIMALS   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.  
James M. Green   Overview of the International Trade in Wild-Caught Reptiles   This overview discusses the nature of the international trade in wild reptiles and the impediments to enforcing those laws that protect reptile species. The concerns of ownership, such as zoonotic disease, injury to the animal itself, and threats to public safety, are also presented.  
James M. Green   International Trade in Wild-Caught Reptiles   The international trade in wild-caught reptiles has been cause for increasing concern, especially over the last few years. Federal, state and foreign laws are seemingly broken everyday as hundreds of thousands of reptiles are imported and exported each, mostly for the pet trade. In addition to depleting our natural resources and threatening many species with extinction, the reptiles are treated inhumanely and can even pose a health risk to people and the environment.  
Ross Hammersley   Tiger Conservation in a "Globalized" World: Tying Humans, Forests, and Tigers Together   This Paper will discuss the current trends in tiger conservation and management. Part I will discuss the statutory protections afforded to tigers in India’s Wildlife Protection Act and the operation of CITES. Part II will cover the primary reasons for renewed concern over the fate of the tiger, focusing on the demand for Asian medicines and other tiger derivatives. This Part will also discuss the current state of conservation efforts in India, focusing on how nearby rural villages have been affected by the establishment of the tiger reserves and wildlife conservation areas in India. Finally, Part III will propose some ways to begin to curb some of the demand in the international tiger derivative market and to improve community involvement and enforcement of India’s current regulations, as well as exploring potential avenues for strengthening aid efforts from and within the United States.  
Harold W. Hannah   Survey of Illinois Law: Liability for Animal-Inflicted Injury   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.  
Barbara Hanson   DOG-FOCUSED LAW’S IMPACT ON DISABILITY RIGHTS: ONTARIO’S PIT BULL LEGISLATION AS A CASE IN POINT   Legislation that affects dogs also affects persons with disabilities to some extent. This link shows up in statutory definitions, is justified by social construction theory, and has been reified in case law. Thus, it is important to examine statutes like Ontario’s pit bull legislation (OPBL) in terms of their potential impact on persons with disabilities. Upon close examination, it appears that the legislation suffers from vague definitions, conflicting onus of proof, absence of fair process, and severe penalties, including imprisonment. Further, it contains no reference to dogs used by persons with disabilities. This means that there is potential for persons with disabilities to suffer negative consequences and a need to consider disability rights in dog-focused legislation.  
Pamela Jo Hatley   Feral Cat Colonies in Florida: The Fur and Feathers are Flying   An enormous and growing population of free-roaming cats exists in Florida, posing a threat to the state's native animal species, and creating a serious public health concern. Proponents of trap-neuter-release (TNR) and maintenance of cat colonies have been pressing local governments to enact ordinances to permit establishment and registration of cat colonies in local jurisdictions. But TNR and managing large numbers of cats in colonies does not effectively control cat overpopulation. Additionally, federal and state wildlife laws designed to protect endangered and threatened species conflict with the practice of releasing non-indigenous predators into the wild. An intense public education campaign, together with licensing incentives, animal control laws that enforce high penalties against violators, and other methods of reducing the flow of non-indigenous species into the wild, are essential components to a long-term solution to pet over-population in general, and particularly to cat over-population and the resulting predation on wildlife.  
Claudia E. Haupt   WHO LET THE DANGEROUS DOGS OUT? THE GERMAN STATES’ HASTY LEGISLATIVE ACTION, THE FEDERAL LAW ON DANGEROUS DOGS AND THE “KAMPFHUNDE” DECISION OF THE FEDERAL CONSTITUTIONAL COURT   The article examines the legislative measures taken at the state and federal level in Germany to address the issue of dangerous dogs and the related decision of the Federal Constitutional Court which upheld an import ban on dangerous dogs while striking down a breeding ban and parts of a newly introduced section to the Criminal Code.  
Julie Hilden   A CONTRACTARIAN VIEW OF ANIMAL RIGHTS: INSURING AGAINST THE POSSIBILITY OF BEING A NON-HUMAN ANIMAL   Contemporary research regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggests the need for a sweeping re-evaluation of their legal status as mere property. In this essay, the author will contend that the contractarian theory of philosopher John Rawls provides an ideal basis for this re-evaluation.  
De Anna Hill   COMBATING ANIMAL CRUELTY WITH ENVIRONMENTAL LAW TACTICS   Many individuals and citizen groups view federal and state anti-cruelty statutes as inadequate in protecting animals and in providing sufficient remedies. Unlike animal cruelty statutes like the Animal Welfare Act (AWA), many of the federal environmental statutes provide citizen suit provisions or otherwise allow interested parties to sue for enforcement. Citizen suit provisions in environmental statutes increase accessibility of the courts to the public. There are many instances where citizens groups have filed federal environmental citizen suits against federal agencies and private facilities that would be considered by many to be actively involved in or to have facilitated acts of animal cruelty. Animal protectionists have attempted and continue to attempt to further protection of animals by filing or supporting suits under environmental law against federal agencies and private facilitators of animal cruelty.  
Veronica Hirsch   Overview of the Legal Protections of the Domestic Chicken in the United States and Europe   An overview of the state and federal laws that currently offer protection to the domestic chicken, whether used for food production, as pets or as research animals. The paper examines laws in the United States and Europe.  
Veronica Hirsch   Legal Protections of the Domestic Chicken in the United States and Europe   A detailed discussion of the state and federal laws that currently offer protection to the domestic chicken, whether used for food production, as pets or as research animals. The paper examines laws in the United States, Europe and New Zealand.  
Rachel Hirschfeld, Esq.   Ensure Your Pet's Future: Estate Planning for Owners and Their Animal Companions   This article discusses the increased desire among pet owners to provide care for their pets during life and even after death. Pet owners can now create enforceable legal instruments to provide care for their pets in the event of disability or death. The article alerts practitioners to specific considerations in drafting such agreements including arrangements for specific care and possible tax ramifications.  
Joshua D. Hodes, Legislative Review Editor   2004 LEGISLATIVE REVIEW   This article provides an overview of major animal law legislation from 2003 - 2004.  
Brian Trevor Hodges   The Cracking Facade of the International Whaling Commission as an Institution of International Law: Norwegian Small-Type Whaling and the Aboriginal Subsistence Exemption   This article discusses the fact that the International Whaling Commission has not expressly recognized the Makah tribe's aboriginal subsistence need, and instead has intentionally left the issue ambiguous. The only viable reason for the IWC to deny the Norwegians a quota under the same exemption is the "aboriginal" requirement. The IWC should clarify the legal ambiguities regarding the right to harvest whales, and it should grant subsistence right to Norwegian coastal fishermen.  
CYNTHIA HODGES, J.D., LL.M, M.A.   THE CANADIAN COMMERCIAL SEAL HUNT: IN SEARCH OF INTERNATIONAL LEGAL PROTECTION FOR HARP SEALS   This paper considers several sources of international law as potential candidates to protect harp seals from cruelty and over-exploitation. Part I of this paper discusses the Canadian Marine Mammal Regulations, which are the legal-regulatory structure under which the hunt takes place. Part II describes the range and status of the main species targeted in the commercial seal hunt, namely, the harp seals. Part III reviews several several sources of international law as potential candidates to protect and conserve the targeted harp seals. This paper concludes that the Convention on International Trade in Endangered Species of Wild Fauna and Flora(CITES) is the most likely candidate to protect harp seals from unsustainable trade, and that they should be listed as a protected species under Appendix II.  
Cynthia Hodges, M.A., J.D.   THE LINK: CRUELTY TO ANIMALS AND VIOLENCE TOWARDS PEOPLE   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.  
Cynthia F. Hodges, MA, JD   Overview of Trainer Responsibility for Racehorse Breakdowns in New York   This legal summary contends that 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.  
Cynthia F. Hodges, MA, JD   That's the Breaks: Trainer Responsibility for Racehorse Breakdowns in New York   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.  
MICHELLE HODKIN   WHEN RITUAL SLAUGHTER ISN’T KOSHER: AN EXAMINATION OF SHECHITA AND THE HUMANE METHODS OF SLAUGHTER ACT   Kosher slaughter, or shechita as it is called in biblical Hebrew, is so humane that when performed as intended by Jewish law, the animals don’t even feel the cut before dying. Even in modern times and by modern standards, experts have agreed that the shechita method as outlined in Jewish law is humane, and unconsciousness normally follows within seconds of the throat cutting. So how does one reconcile these truths with the video released by PETA of the practices occurring at the AgriProcessors plant in Postville, Iowa? What follows are my own conclusions to that troubling question, and my recommendations to improve the lives and deaths of cows at kosher slaughterhouses.  
Nancy R. Hoffman & Robin C. McGinnis   2007–2008 LEGISLATIVE REVIEW   This document provides a link to Animal Law's 2007-2008 Legislative Review.  
John T. Hollerman   IN ARKANSAS WHICH COMES FIRST, THE CHICKEN OR THE ENVIRONMENT?   This article looks at the effect of Arkansas' extensive poultry industry, which operates without regulation, on the environment, wildlife, fish and water quality.  
Dan Holwerda   Finding the Balance: The Environmental Policies of a State's Department of Natural Resources or Department of Game and Fish   This discussion explores the apparent conflict of interests between pro-hunting and anti-hunting advocates in the management of state natural resources by state agencies. Section one describes the history of the Pittman-Robertson Act and its effects on how States implement their environmental policies. Section two describes how it appears that each State’s Department of Natural Resources or Department of Game and Fish caters only to the hunter in designating and implementing its environmental policies. Section three discusses the “intelligible principle” and its application in all the above-mentioned states. Specifically, the section will discuss how some anti-hunting organizations and other environmental organizations, which may or may not be anti-hunting, attempt to show that a state legislature has unconstitutionally delegated its authority to its Department of Natural Resources or Department of Game and Fish in order to show that the current system of determining and implementing state environmental policies is null and void. Finally, section four describes how the environmental policy interest of hunters is really the same as other (non-hunting) pro-environment/natural resource groups.  
Joan S. Howland   LET'S NOT “SPIT THE BIT” IN DEFENSE OF “THE LAW OF THE HORSE”: THE HISTORICAL AND LEGAL DEVELOPMENT OF AMERICAN THOROUGHBRED RACING   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.  
The Hunt Club   The 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.  
Rebecca J. Huss   Valuing Man's and Woman's Best Friend: The Moral and Legal Status of Companion Animals   This Article first provides an overview of the philosophical basis of the allocation (or non-allocation) of moral status to nonhuman animals considering historical and modern views of animals. Second, it analyzes the legal status of animals under the current system and discusses the idea of extending legal 'personhood' to such animals. Next, it considers the common law and statutory basis for the current valuation of companion animals. Finally, this Article supports and promotes the idea that there is a rational basis for changing the way that companion animals should be valued by the legal system and recommends the adoption of statutory provisions to promote consistency and certainty in these cases.  
Rebecca J. Huss   The Pervasive Nature of Animal Law: How the Law Impacts the Lives of People and Their Animal Companions   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.  
Professor Rebecca J. Huss   Separation, Custody, and Estate Planning Issues Relating to Companion Animals   The article considers the role of companion animals in today's family in the United States. It explores the legal aspect of pets as it relates to their status as property, as well as the issues of separation and estate planning for such animals.  
Rebecca J. Huss   RESCUE ME : LEGISLATING COOPERATION BETWEEN ANIMAL CONTROL AUTHORITIES AND RESCUE ORGANIZATIONS   Notwithstanding the overwhelming evidence that shows how important pets are to many people in the United States, the leading cause of death for dogs and cats in this country is euthanasia because of the lack of homes. Although progress has been made, conservative estimates are that between three and four million dogs and cats are euthanized each year. A successful program for implementing non-lethal strategies to control the pet population incorporates three prongs: (a) increasing adoptions, (b) increasing the number of animals sterilized and (c) increasing the number of animals retained in homes. This Article focuses on the legislative actions that should be taken immediately to implement these non-lethal strategies so that this needless euthanization can end.  
Rebecca J. Huss   LESSONS LEARNED: ACTING AS GUARDIAN/SPECIAL MASTER IN THE BAD NEWZ KENNELS CASE   The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff’s Department seized fifty-three pit bulls from Vick’s home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether each dog should be euthanized due to its inability to interact safely with humans or other animals or given a second chance at life in a new home. Huss explains her role as guardian/special master and how she made her determinations about each dog’s destiny.  
Safia Gray Hussain [FNa1]   ATTACKING THE DOG-BITE EPIDEMIC: WHY BREED-SPECIFIC LEGISLATION WON'T SOLVE THE DANGEROUS-DOG DILEMMA   Part I of this Note examines the growing problem of dog bites and dog-bite related deaths ("canine homicides") through statistical analysis. This part also provides a description and history of pit bull terriers, currently the most frequent target of breed-based laws. Part II examines common criticisms and concerns that accompany each type of law, and provides an overview of additional legislation that has been enacted to reduce the number of dog bites and attacks. Finally, Part III concludes that breed-specific legislation is an ineffective and inefficient means of combating the dog-bite epidemic. This part argues that dangerous-dog laws are a more effective, albeit imperfect, solution to the problem and proposes non-breed-based supplemental legislation that can be enacted to reduce the public threat posed by dangerous dogs.  
Andrew N. Ireland Moore   CAGING ANIMAL ADVOCATES’ POLITICAL FREEDOMS: THE UNCONSTITUTIONALITY OF THE ANIMAL AND ECOLOGICAL TERRORISM ACT   The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.  
ANDREW N. IRELAND MOORE   DEFINING ANIMALS AS CRIME VICTIMS   Animals who are victims of abuse and neglect should be afforded protections similar to those granted to human victims of crime, and as such, a reformulation of the classification of abused animals from property to crime victims is needed. Defining animals as victims of crime, rather than mere property will aid in providing animals with the additional safeguards and protections of the criminal justice system that they deserve.  
Laura Ireland Moore   A REVIEW OF ANIMAL RIGHTS: CURRENT DEBATES AND NEW DIRECTIONS   In this article, Ms. Ireland Moore reviews the book, A Review of Animal Rights: Current Debates and Directions.  
Laura J. Ireland   Canning Canned Hunts: Using State and Federal Legislation to Eliminate the Unethical Practice of Canned "Hunting"   Ms. Ireland explores the methodologies, ethics, and dangers of canned hunting and offers ways to challenge the practice through existing and proposed state and federal statutes. In so doing, Ms. Ireland examines statutory law as it relates to exotic animals, the definition of "animal," anti-cruelty exemptions, and husbandry practices. Finally, the feasibility of statutory enforcement by agencies is examined.  
Alicia S. Ivory (updated by Rebecca Wisch)   Incidents & Attacks Involving Captive Chimpanzees   This article describes several incidents in which captive chimpanzees have escaped, attacked or threatened humans, or have been injured or killed as a result of such an incident.  
Alicia S. Ivory   Overview of Laws Affecting Chimpanzees   This article summarizes international and federal laws affecting chimpanzees.  
Alicia S. Ivory   Chimpanzee Laws in the United States and Abroad   This article summarizes the international and American laws affecting chimpanzees. Each law is described, and the ways in which each law works well and works poorly are discussed. Generally, all laws affecting chimpanzees as they are currently written, do not adequately protect the species from the most salient threats to its survival.  
Rebecca J. Huss   NO PETS ALLOWED: HOUSING ISSUES AND COMPANION ANIMALS   Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.  
Erin N. Jackson   Dead Dog Running: The Cruelty of Greyhound Racing and the Bases for its Abolition in Massachusetts   Ms. Jackson explores the greyhound racing industry in Massachusetts in her article and discusses the widespread and well-known animal abuse rampant in the industry. The author argues that greyhound racing in the state of Massachusetts should be abolished on the grounds that the abuse the dogs suffer is analogous to that perpetrated in outlawed animal fighting sports and that industry practices violate the basic Massachusetts anti-cruelty statute and common law.  
Kelly A. Jenkins   No Shelter from the Storm: How the execution of pets by law enforcement at Beauregard Middle School in St. Bernard Parish in the aftermath of Katrina violated the constitutional rights of pet owners   This paper explores the Fourth Amendment rights of a dog owner when law enforcement executes his/her canine companion. This paper is framed around the experiences of St. Bernard Parish, Louisiana residents who evacuated to Beauregard Middle School during Hurricane Katrina.  
Dane E. Johnson   STATUTE OF ANNE-IMALS: SHOULD COPYRIGHT PROTECT SENTIENT NONHUMAN CREATORS?   This article explores questions of whether copyright protection can and should extend to works created by captive animals such as gorillas, chimpanzees, and elephants. Commentators have considered similar questions in the artificial intelligence context and generally rejected the notion that computers can create works sufficiently free of human involvement to merit copyright protection. As our understanding of animal intelligence increases, however, the case for reconsideration of copyright’s constitutional and statutory boundaries becomes stronger. This article examines those boundaries and offers a proposal for granting limited copyrights to animals under a theory along the lines of David Favre’s equitable self-ownership concept.  
Dena M. Jones & Sheila Hughes Rodriguez   RESTRICTING THE USE OF ANIMAL TRAPS IN THE UNITED STATES: AN OVERVIEW OF LAWS AND STRATEGY   Enacting absolute bans on the use of trapping devices and on commerce in trapped animal products has been difficult. Nearly every state, however, has enacted some restrictions on who can trap, what animals can be trapped, where and when animals can be trapped, the type and size of permitted traps, and how often traps must be checked. This article summarizes past and potential approaches to curtail the use of traps in the U.S. at federal, state and local levels. The article also notes litigation related to trapping and trapping prohibitions.  
Joyce Tischler   BUILDING OUR FUTURE   As the introduction to Volume 15 of Animal Law, the author reflects on 30 years of progress in the animal law arena.  
Richard J. Katz: National Advisor, Michael C. Blumm: Faculty Advisor, and Holly Anne Gibbons: Law Student Editor   ORIGINS OF ANIMAL LAW: THREE PERSPECTIVES   This article provides three different perspectives on the origins of the Animal Law Review based at Lewis & Clark School of Law.  
Robyn F. Katz   Detailed Discussion of Commercial Breeders and Puppy Mills   Enforcement of commercial breeding laws rests within the individual states. It is important that states maintain uniformity, however, to preserve legitimate breeding operations. Without proper enforcement of current laws, and stricter laws introduced, puppy mills will continue to thrive on consumer demand.  
Robyn F. Katz   Overview of Commercial Breeder Laws   This overview discusses the only federal law that marginally addresses commercial breeders (the Animal Welfare Act). It then discusses various state laws that regulate commercial breeding, and how the lack of enforcement at the state level allows puppy mills to exist.  
Emilie Keturakis   2002 LEGISLATIVE REVIEW   This article provides an overview of animal-related legislation from 2002.  
Rakhyun E. Kim   DOG MEAT IN KOREA: A SOCIO-LEGAL CHALLENGE   This article explores the dog meat debate in Korea from a socio-legal perspective. It first examines the legal status of dogs and dog meat, and the legal protection for dogs under the old and new legislative frameworks. It then discusses socio-legal challenges to banning dog meat in the Korean context, employing examples of both legal approaches taken by other countries and the politics of dog meat in Korea, specifically. The article argues that the controversy over dog meat must be reframed and dog meat be socially redefined in order to protect dogs, which are currently caught in the conflict over their socio-legal status as companion and livestock animals.  
Live Kleveland, The Norwegian Animal Protection Alliance   TO SAVE LAB ANIMALS THE LEGAL WAY: THE RIGHT TO APPEAL ON PERMITS TO PERFORM ANIMAL EXPERIMENTS   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.  
Caroline L. Kraus   Religious Exemptions -- Applicability to Vegetarian Beliefs   This Note analyzes the likelihood that vegetarian beliefs will satisfy the requirements necessary to secure a religious exemption under the backdrop of New York's mandatory vaccination law, Public Health Law section 2164, and the accompanying case law. The author then presents a hypothetical challenge to 2164 by vegetarian parents, outlining arguments that might be brought by both sides. In the end, the author determines that the most practical approach for the courts to follow would be to adopt a broad definition of religion encompassing vegetarian beliefs, while stressing the sincerity of belief inquiry to weed out individuals not truly deserving of exemption.  
Corwin R. Kruse   ADDING A BIT MORE BITE: SUGGESTIONS FOR IMPROVING ANIMAL-PROTECTION LAWS IN MINNESOTA   This article provides an overview of current Minnesota laws regarding animal abuse and suggestions to future reforms in the laws. Specifically, the author suggests the creation of provisions related to cruelty in the presence of a child, animal hoarding, restrictions on ownership of animals, protective orders, mandatory reporting, expanded training for law enforcement, and civil enforcement of anti-cruelty laws.  
Corwin R. Kruse   Baby Steps: Minnesota Raises Certain Forms of Animal Cruelty to Felony Status   This note begins by tracing the development of anti-cruelty statutes over the last two centuries. Part II discusses the history of anti-cruelty legislation, including the philosophical and socio-historical trends underlying these laws. Part III examines the recent changes to Minnesota's anti-cruelty statute. Part IV analyzes these changes and proposes future modifications. Finally, part V examines current scholarship on animal abuse, discusses why the issue has typically been ignored by society, and poses challenges for the future.  
Matthew Kuipers   Where Have All the Sea Otters Gone?   This article begins by exploring the biology and habitat of the sea otter. It then discusses the history of human-sea otter interaction, and how the exploitation of otters for fur first led to the need for their protection. The current state of otter protection is analyzed, with specific focus on the Endangered Species Act and the Marine Mammal Protection Act. Finally, solutions for continued otter preservation are explained in conjunction with the major hurdles facing otter populations.  
Tony LaCroix   Overview of Feral Cat Population Control   This is an overview of issues regarding feral cats. Concerns about feral cat populations include the spread of disease and predation of endangered or protected species of birds. There is disagreement over how best to deal with cat overpopulation.  
Anthony E. LaCroix   Detailed Discussion of Feral Cat Population Control   Controversy has arisen over how best to deal with populations of feral cats. While cat advocates fight against killing cats, bird advocates and others see them as destructive to protected species. Legal issues of property ownership, causation, and classification of cats are central to the question of human liability for feral cats.  
Nathan LaFramboise   The Cormorant Conflict   This paper analyzes the conflicting management goals for the double-crested cormorant in Canada and the United States. In doing so, the paper answers the question whether one can predict how the migratory, double-crested cormorant population will be managed through international law, when the United States perceives the rise of the cormorant population an economic and biological threat, but where Canada views the cormorant’s comeback a biodiversity success story.  
Arthur Birmingham LaFrance   ANIMAL EXPERIMENTATION: LESSONS FROM HUMAN EXPERIMENTATION   Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to protect human subjects, however, raise serious questions as to the safety and appropriateness of experimentation on animals. The federal government and medical community, since World War II, have used the Nuremberg Code and the federal “Common Rule” to determine how to conduct human experimentation ethically. Due to political or economic factors, government entities, hospitals, researchers, and pharmaceutical companies have continued to conduct human experimentation without the informed consent of their subjects. These human experiments have often achieved meaningless—or worse—devastating results. Because safeguards have failed with human experimentation, the federal and local governments, in conjunction with animal advocacy organizations, should take a series of concrete steps to eliminate an experimenter’s ability to cause pain, suffering, and unnecessary death to animals.  
Jose A. Lammoglia   LEGAL ASPECTS OF ANIMAL SACRIFICE WITHIN THE CONTEXT OF AFRO-CARIBBEAN RELIGIONS   This article explores the legal issues surrounding animal sacrifice in the Afro-Caribbean Belief Systems (religions such as Cuban Santeria, Palo, and Haitian Voodoo). The author examines cases in Florida, Texas, Illinois, and Pennsylvania in making the argument that misconceptions concerning animal sacrifice and religious prejudice often fuels the controversies.  
Angela Lang   Overview of Laws and Regulations Protecting Whales   This overview summarizes the major federal laws that protect whales on a federal, international, and local level.  
Angela Lang   Overview of International Whaling Commission   This overview discusses the origin of the International Whaling Commission as a regulatory body to manage the whaling industry. As whale populations decreased in the latter part of the 20th century, the IWC took on the role of conservation, which included the implementation of a moratorium on whaling and the designation of ocean sanctuaries.  
Angela Lang   Detailed Discussion: The Global Protection of Whales   This discussion of whales focuses on the global protection of whales, beginning with the International Whaling Commission and the problems arising from legally permitted whaling. The second section involves the United States and International laws protecting whales, beginning with the Marine Mammal Protection Act,the Endangered Species Act and Treaty of CITES. The third section involves additional threats to whales, focusing on the problems of fishing nets, pollution, ship collisions, and whale watching and how human actions can have an effect on whale populations.  
Laura Jane Durfee   ANTI-HORSE SLAUGHTER LEGISLATION: BAD FOR HORSES, BAD FOR SOCIETY   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.  
Kathryn Leonard   2006-2007 Case Law Review   This article provides a tabular summary of the major animal law cases of 2006 to 2007.  
David S. Lessoff   Jonah Swallows the Whale: An Examination of American and International Failures To Adequately Protect Whales From Impending Extinction   This article discusses the various loopholes within the IWC that have rendered the Commission's regulations and imposition of quotas meaningless. The IWC's inability to impose penalties against nations has not curtailed harvesting of whales in excess of IWC quotas and, as a result, whale stocks continue to plummet throughout the world.  
MATTHEW LIEBMAN   I FOUGHT THE LAW: A REVIEW OF TERRORISTS OR FREEDOM FIGHTERS?: REFLECTIONS ON THE LIBERATION OF ANIMALS, EDITED BY STEVEN BEST & ANTHONY J. NOCELLA II   This book review seeks to introduce the major issues raised by the authors of the essays in Terrorists or Freedom Fighters? and to commend Best and Nocella for their valuable contribution to the body of animal rights theory and practice.  
Matthew G. Liebman   Overview of Exotic Pet Laws   This overview examines the pertinent laws that govern ownership of exotic pets. It also discusses the public safety and health issues implicated by exotic pets.  
Matthew G. Liebman   Detailed Discussion of Exotic Pet Laws   This paper examines state and local statutes and regulations regarding private possession of captive wildlife, or exotic pets. It also discusses the policy and constitutional issues surrounding these regulations.  
Andrew Linzey   An Ethical Critique of the Canadian Seal Hunt and an Examination of the Case for Import Controls on Seal Products   The Canadian seal hunt has been the subject of criticism since the middle of the nineteenth century, but it is only since the 1960s that it has become a focus of international controversy. This document examines the putative justifications for the hunt and provides an ethical assessment.  
The Revd Professor Andrew Linzey   THE ETHICAL CASE FOR EUROPEAN LEGISLATION AGAINST FUR FARMING   In recent years, several member states in the European Union enacted legislation to regulate or prohibit fur farming. This article calls for further action to ban the practice throughout the European Union. The Author notes animals’ inabilities to protect their own interests and the role of law to protect these vulnerable interests. The Author concludes by responding to the objections of fur farming proponents, ultimately finding no legitimate justification for the documented suffering of animals raised on fur farms.  
Margit Livingston   Desecrating the Ark: Animal Abuse and the Law's Role in Prevention   This article examines the three major historical theological and philosophical views of animal-human relationships. The article then examines the historical legal treatment of animals, finding that the modern view supports a legal reform based on the interrelationship of animal cruelty and human behavior. Finally, Part IV outlines desired changes in animal cruelty laws, with increased criminal sanctions for adult animal abusers, cross-reporting requirements, more frequent placement of juvenile animal offenders in treatment programs, and restrictions on ownership of animals by convicted animal abusers.  
Dara Lovitz   Animal Lovers and Tree Huggers Are the New Cold-Blooded Criminals?: Examining the Flaws of Ecoterroism Bills   Animal lovers and tree huggers were once deemed peaceful and benevolent activists. As our nation witnessed the increase in powerful lobbying on behalf of wealthy industries, that identity has been shattered by offensive epithets and reckless generalizations. Now those who preach kindness to the non-human species and respect for the environment are dumped into the same category as the group of individuals who fly planes into buildings and don explosive materials in high-traffic areas - those whose every violent action is designed to maim or murder a large number of innocent civilians. The defective grouping resulted from the gross mistake of legislatures across the country that enacted the fundamentally flawed so-called “eco terror bills.”  
Karstan Lovorn (updated by Rebecca F. Wisch)   Overview of Pleadings and Briefs   This is an outline-overview of the pleadings and briefs on the Web Center. The materials contained in the Web Center are broken down by specific topic with links to the case summaries and actual pleadings documents.  
Karstan Lovorn   Overview of the United States Court System   This is a short, concise and easy to read summary of how the American court system works.  
Jonathan R. Lovvorn   ANIMAL LAW IN ACTION: THE LAW, PUBLIC PERCEPTION, AND THE LIMITS OF ANIMAL RIGHTS THEORY AS A BASIS FOR LEGAL REFORM   This article discusses animal law as a model for legal reform.  
Jonathan R. Lovvorn & Nancy V. Perry   CALIFORNIA PROPOSITION 2: A WATERSHED MOMENT FOR ANIMAL LAW   This essay explores the legislative and legal campaign to enact California Proposition 2: The Prevention of Farm Animal Cruelty Act, approved by California voters on November 4, 2008. The authors direct the legislation and litigation programs for The Humane Society of the United States, and, along with many other individuals and organizations, were centrally involved in the drafting, campaigning, and litigation efforts in support of the measure.  
Joseph Lubinski   Legal Overview of Animal Rights   This overview provides a summary of the evolution of the animal rights movement with particular focus on the property status of animals in the U.S.  
Joseph Lubinski   Introduction to Animal Rights (2nd Ed)   This article explores the evolution of animal rights, specifically examining the influence of the property status of animals in the U.S.  
Lauren Magnotti [FNd1]   PAWING OPEN THE COURTHOUSE DOOR: WHY ANIMALS' INTERESTS SHOULD MATTER   It is widely accepted that animals are viewed as property under the law. It is equally apparent, however, that animals are much more than the average inanimate piece of personal property. The law of standing should reflect that animals are creatures with interests worthy of legal protection in their own right. Thus, while the courts may inevitably continue to recognize animals as property, animals are qualitatively different and the courts can and must take this into consideration when deciding the issue of standing.  
Jennifer L. Mariucci   THE HUMANE METHODS OF SLAUGHTER ACT: DEFICIENCIES AND PROPOSED AMENDMENTS   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.  
Michael Markarian and Jonathan R. Lovvorn, Esq.   Swan Song? Giving a Voice to Mute Swans in the Chesapeake Bay   This article discusses the decision by the United States District Court to grant an injunction filed by the Fund for Animals to stop the killing of the federally protected mute swan. The authors suggest that more research needs to be conducted with regard to alleged harm the swans cause in the Chesapeake Bay. Moreover, alternatives to culling the population must be explored as this is required by multiple federal laws. Further, the authors suggest that we should not not blame the very species we introduced centuries ago or artificially arrest the natural progression of the various species in an ecosystem, be they native or exotic.  
Julie B. Martin   THE PRICE OF FAME: CITES REGULATION AND EFFORTS TOWARDS INTERNATIONAL PROTECTION OF THE GREAT WHITE SHARK   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.  
Jim Mason   THE ANIMAL QUESTION: THE KEY TO COMING TO TERMS WITH NATURE   In this Introduction to Volume 13, Part 2 of Animal Law, the author considers the "Animal Question" - the shorthand term "for all of those difficult questions about our views of, and relations with,nonhuman animals."  
Jeremy Masten   DON'T FEED THE ANIMALS: QUESO'S LAW AND HOW THE TEXAS LEGISLATURE ABANDONED STRAY ANIMALS, A COMMENT ON H.B.2328 AND THE NEW TEX. PENAL CODE § 42.092   This Comment considers Queso's Law, its amendments to section 42.092 of the Texas Penal Code, and the impact of those amendments on animal cruelty law in Texas. Part II discusses the historical background of animal cruelty laws both in Texas, prior to the 80th Legislature, and elsewhere. Part III discusses animal cruelty law in the wake of Queso's Law, including the elements of the offense as well as constitutional and policy concerns. Part IV proposes a solution to the concerns raised by Queso's Law. Finally, the Comment concludes that the expanded definition of animal created by Queso's Law is too broad and that slightly re-wording the definition to create a “custody carve-out” would better protect the interests of feral animals.  
Salma Mavany   Regulating the Military's Survival Skills Training Under the Animal Welfare Act   The United States Military tortuously kills farm animals when teaching soldiers survival skills. Presently, there is no law that specifically protects these farm animals. This Note analyzes whether the Military's animal cruelty can be regulated under the Animal Welfare Act (AWA).  
Kimberly E. McCoy   SUBVERTING JUSTICE: AN INDICTMENT OF THE ANIMAL ENTERPRISE TERRORISM ACT   The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals. The author notes the AETA targets individuals based solely on their political ideology and can deter these individuals from exercising their right to free speech due to the threat of being permanently branded as a terrorist. It is this infringement on First Amendment rights, coupled with the AETA’s overbreadth and vagueness, that lead the author to conclude the AETA is unconstitutional. The author also notes the many social policy flaws within the AETA and finds that the AETA is unnecessary, as existing laws cover every crime encompassed in its language. These defects lead the author to call for the AETA’s repeal and to suggest that individuals look to the judiciary for change.  
Blair E. McCrory, Legislative Review Editor   2007 LEGISLATIVE REVIEW   This document provides a link to Animal Law's 2007 Legislative Review.  
Camden J. McDaris   LEGAL PROTECTION ONLY FOR THOSE WHO ARE MOST LIKE “US"? What Animal Activists Can Learn from the Early Women’s Movement about Society’s Resistance to Acknowledging Rights   This note analyzes the challenges that the animal rights movement faces in reforming society’s relationship to animals--particularly in regard to farmed animals--by tracking a similar evolution of the concepts of “dominion” and “civilization” within the early feminist movement. Specific focus is on nineteenth-century white middle-class women, who viewed themselves as models of civilized, liberated womanhood, while asserting maternalistic dominion over their “primitive” and underprivileged sisters. Acknowledging the way in which nineteenth-century America--which, for socio-political and legal purposes, was composed almost exclusively of Protestant white men--was willing to gradually “grant” one class of women a voice in society, based on well-established perceptions of “true womanhood,” is important in considering the way in which modern society seems poised to acknowledge some degree of rights for companion animals, while ignoring the legally-sanctioned misery to which billions of farmed animals are subjected annually.  
Mary Margaret McEachern Nunalee & G. Robert Weedon   MODERN TRENDS IN VETERINARY MALPRACTICE: HOW OUR EVOLVING ATTITUDES TOWARD NONHUMAN ANIMALS WILL CHANGE VETERINARY MEDICINE   The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.  
Akisha R. N. McGee   Overview of Veterinary Client Issues   This gives a somewhat detailed view of the relationship between a veterinarian and client.  
Akisha R. N. McGee   Detailed Discussion of Veterinarian Client Issues   This gives a detailed view of the boundaries of veterinarian-client relationships, as well as the regulations and administrative policies that make up those boundaries.  
Tabby T. McLain   Pets in Divorce Overview   A legal overview discussing the state of the law concerning disposition of pets in divorce. Includes steps in general property allocation during divorce and new ideas emerging in the field of pet custody.  
Tabby T. McLain   Knick-Knack, Paddy-Whack, Give the Dog a Home?: Custody Determination of Companion Animals Upon Guardian Divorce   An article discussing the current state of the law and new directions in companion animal custody cases in divorce. Includes overview of the steps generally taken in property distribution upon divorce, and how companion animals might fit into that analysis.  
Megan McNabb   PETS IN THE EYE OF THE STORM: HURRICANE KATRINA FLOODS THE COURTS WITH PET CUSTODY DISPUTES   This article recounts a modern-day King Solomon story: the baby is the animals left behind during Hurricane Katrina; the two mothers claiming ownership of the “baby” are the original owners of the animals and those who adopted the animals after the hurricane; and the role of King Solomon is played by judges in the custody cases that arose after the storm. This article provides a summary of those custody disputes while examining the question of whether those who left their pets behind during Hurricane Katrina have the right to reclaim them from the animals’ new adoptive family. The animals of Hurricane Katrina became trapped in the middle of an unfortunate and complicated situation largely because of defects in our national policies and laws regarding animals and disasters. Therefore, this article also reviews legislative changes that have and should occur concerning pets and disasters, pet adoption, and animals as property.  
Cynthia A. McNeely & Sarah A. Lindquist   Dangerous Dog Laws: Failing to Give Man’s Best Friend a Fair Shake at Justice   Compared to other non-human animals, dogs generally share a privileged relationship with humans. Recent government trends have been to classify dogs “dangerous” to force “irresponsible owners” to better control their dogs. While some “owners” are undeniably irresponsible and deserve to be held accountable, a fair analysis of some of the factual situations underlying dangerous dog classifications indicates that too many local governments declare dogs dangerous who are not truly dangerous. With the United States human population now at more than 300 million, it is foreseeable that this trend is only going to continue as developable land decreases, forcing humans to live closer together and to come into greater contact with neighbors' dogs.  
Jamey Medlin   PIT BULL BANS AND THE HUMAN FACTORS AFFECTING CANINE BEHAVIOR   This Comment examines the reasons for breed-specific legislation and looks at some of the human factors behind the “breed” problem. It argues that instead of targeting specific breeds, municipalities should enforce existing animal control laws and punish the human behavior that leads to dog attacks. This Comment concludes that laws addressing human behavior, rather than breed bans, are a better long-term solution to further public safety and animal welfare.  
Melissa Trollinger   THE LINK AMONG ANIMAL ABUSE, CHILD ABUSE, AND DOMESTIC VIOLENCE   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.  
Fatema Merchant   GOT ORGANIC MILK? “PASTURE”-IZE IT!: AN ANALYSIS OF THE USDA’S PASTURE REGULATIONS FOR ORGANIC DAIRY ANIMALS   This article discusses the “access to pasture” issue and analyzes the ambiguity that has lead to widely varied farming practices and finished products. The vague language undermines the goals of the National Organic Program and threatens the integrity of the organic seal. This article suggests ways to clarify the standards and offers alternative solutions to the problems facing consumers, organic food advocates, and farmers because of the vague regulations.  
Jennifer Dietrich Merryman   BUCKING THE TREND: WHY MARYLAND DOES NOT NEED AN EQUINE ACTIVITY STATUTE AND WHY IT MAY BE TIME TO PUT ALL OF THESE STATUTES OUT TO PASTURE   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.  
Mariyetta Meyers   MAXIMIZING SCIENTIFIC INTEGRITY IN ENVIRONMENTAL REGULATIONS: THE NEED FOR CONGRESS TO PROVIDE GUIDANCE WHEN SCIENTIFIC METHODS ARE INADEQUATE OR WHEN DATA IS INCONCLUSIVE   A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. Since agencies are given broad discretion in their decisions—even those based on science—this Comment argues for clear congressional guidelines in best science available directives, because only such guidelines would ensure greater agency compliance with congressional intent, give courts more direction in reviewing agency decisions under the APA, and, in the long run, maximize the scientific integrity of agency rules and decisions. In the environmental and wildlife protection contexts, this will ensure that agencies achieve Congress’s objectives, resulting in greater species protection.  
ALYCE MILLER AND ANUJ SHAH   INVENTED CAGES: THE PLIGHT OF WILD ANIMALS IN CAPTIVITY   The rate of private possession of wild animals in the United States has escalated in recent years. Laws at the federal, state, and local levels remain woefully inadequate to the task of addressing the treatment and welfare of the animals themselves and many animals “slip through the cracks,” resulting in abuse, neglect, and often death. This article explores numerous facets of problems inherent in the private possession of exotic animals.  
Gary Miller   EXPORTING MORALITY WITH TRADE RESTRICTIONS: THE WRONG PATH TO ANIMAL RIGHTS   Part I of this Note will critique normative moral theory with respect to its fundamental role in animal welfare proselytizing, its applicability to legal theory, and its usefulness as a basis for legal decision making. Part II will discuss international trade disputes arising over morality-based domestic import restrictions in order to examine why the GATT has consistently been interpreted to err on the side of free trade and consumer choice. Finally, Part III will argue that the DCPA is not only an ineffective and unenforceable law but also potentially counterproductive to the goals of the Western animal welfare movement and overly costly to global trade infrastructure in light of more effective alternatives.  
Sarah R. Morgan   Overview of Polar Bears   This overview explores the laws, both domestic and non-U.S., in place to protect polar bears. It also discusses the current threats to polar bear populations, including climate change, oil and other development, pollution, hunting and self-defense killing, intraspecific predation, tourism in the Arctic, and capture for public display.  
Sarah Rachel Morgan   Polar Bears and the Laws Governing Them in the Five Arctic States   This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats.  
Amy Mosel   What About Wilbur? Proposing a Federal Statute to Provide Minimum Humane Living Conditions for Farm Animals Raised for Food Production   This article proposes federal legislation that would provide minimum standards for the daily living conditions of animals raised for food production.  
Mark A. Mullins   A SHOW OF HUMANITY TO “SLOW HUGH,” THE MANATEE: A PROPERTY RIGHTS PROPOSAL FOR THE SEA COW (WITH A BRIEF CONSIDERATION FOR HIS FRIEND, THE BROWN PELICAN)   This paper explores the background of the manatee and the issues the species faces. It then sets forth some of the applicable laws that are currently in place, followed by a consideration of the benefits and shortcomings of those laws. Finally, it reflects on some changes that have been suggested, and, ultimately, introduces a new approach—providing property rights to the West Indian Manatee—with a response to potential criticism in mind.  
Center for Wildlife Law, Ruth Musgrave   Federal Wildlife Law of the 20th Century   This Chapter provides a review of the political, legislative and judicial trends which have shaped the formation of the "tangle" of federal wildlife and related environmental laws, from the early 1900s to the present.  
Ruth S. Musgrave and Mary Anne Stein   State Wildlife Laws Handbook: Chapter 2 Overview of Wildlife Law   This chapter gives an overview of the history of wildlife laws and the development of modern state wildlife laws. Moreover, it discusses the relationship between state wildlife laws and federal wildlife laws.  
Kate M. Nattrass   “ . . . UND DIE TIERE” CONSTITUTIONAL PROTECTION FOR GERMANY’S ANIMALS   In the summer of 2002, Germany welcomed animals into the folds of constitutional protection. With the addition of the words "and the animals," Germany became the first country in the European Union, and the second on the European continent, to guarantee the highest level of federal legal protection to its nonhuman animals.  
Laura Navarro   WHAT ABOUT THE POLAR BEARS? THE FUTURE OF THE POLAR BEARS AS PREDICTED BY A SURVEY OF SUCCESS UNDER THE ENDANGERED SPECIES ACT   The proposed listing of polar bears raises questions about what that listing might mean for the polar bears as a species, and how successful conservation efforts will or can be. This Comment explores these and other questions implicated by the proposed listing of polar bears as an endangered species under the Act.  
Eric W. Neilsen   Is the Law of Acquisition of Property by Find Going to the Dogs?   This Comment attempts to resolve the considerable confusion in the law of acquisition by find of property as it relates to companion animals. First, the development of the theories of the common law and legislative solutions to lost and estray property will be examined to provide a legal foundation for analysis of lost property and animals. Then, the focus will turn to the public policy arguments that courts across the country are relying on in their decisions as new common law is made in judicial resolutions of the competing issues. Finally, the Author provides a reasonable solution in light of legislative and judicial action.  
James L. Noles, Jr.   IS “RECOVERED” REALLY RECOVERED?: “RECOVERED” SPECIES UNDER THE ENDANGERED SPECIES ACT(Adopted from 39 Cumberland Law Review 387- 436 (2009) by permission)   This article explores the delisting process for the Endangered Species Act undertaken by the U.S. Fish & Wildlife Service. It examines the mechanism of the delisting process and then looks at the recovery of seventeen species delisted prior to 2007.  
Stephan K. Otto   STATE ANIMAL PROTECTION LAWS—THE NEXT GENERATION   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.  
Wayne Pacelle   LAW AND PUBLIC POLICY: FUTURE DIRECTIONS FOR THE ANIMAL PROTECTION MOVEMENT   This article presents an overview by Wayne Pacelle of the future of the animal protection movement.  
Elizabeth Paek   Fido Seeks Full Membership in the Family: Dismantling the Property Classification of Companion Animals by Statute   This paper proposes that various state legislatures should progressively dismantle the property classification of companion animals by enacting statutes permitting animal guardians recovery for non-economic damages in torts, and requiring courts to apply the "best interests of the pet" standard in custody and visitation disputes. Section II of this paper sets forth the conflict between the social and legal views of companion animals, and the historical evidence supporting each. Section III analyzes court opinions that treat companion animals as property and illustrates how the conflicting views of companion animals are manifested in case law. Section IV identifies the current trend in court decisions and legislative actions suggesting that both judges and legislators acknowledge companion animals as more than property.  
Jason Parent   EVERY DOG CAN HAVE ITS DAY: EXTENDING LIABILITY BEYOND THE SELLER BY DEFINING PETS AS “PRODUCTS” UNDER PRODUCTS LIABILITY THEORY   Is a pet a “product”? A pet is a product for purposes of products liability law in some states, and as this article will show, the remaining states should follow suit. Every year, thousands of “domesticated” animals are sold to consumers who are uninformed as to the animal’s propensities or to the proper method of animal care. In some instances, these animals are unreasonably dangerous in that they spread disease to humans or attack, and possibly kill, unwitting victims. Improper breeding and training techniques and negligence in sales have led to horrific injury. This comment will demonstrate how merely considering pets as products opens up new theories of liability for the plaintiff’s lawyer, offering a deeper base of defendants who are both morally and legally at fault. From the standpoint of a consumer advocate and with concern for both human and animal welfare, the author proposes employing products liability theory to the sale of domesticated animals. By making sellers of “defective” animals accountable for personal injury that these animals cause, the quality of the animals bred and sold will likely improve. Where it does not improve and injury results, the victim may have recourse beyond the confines of contract remedies. Products liability theory is a lawful and needed method for preventing future harm and providing for a healthier human and animal kingdom.  
Annamaria Passantino   COMPANION ANIMALS: AN EXAMINATION OF THEIR LEGAL CLASSIFICATION IN ITALY AND THE IMPACT ON THEIR WELFARE. ACTUALITY AND PROSPECTIVE   Italy's State-Regions Agreement on Companion Animal Welfare and Pet Therapy introduced important new measures aimed at reducing the numbers of stray animals, such as the use of microchips for an official dog identification system and the creation of a computerised data bank. The Author, after having analyzed the legal status of animals under the current system and discussed the idea of extending legal personhood to such animals, considers the law for the current valuation of companion animals. Finally, the Author promotes the idea that there is a legal/rational basis for changing the way that companion animals should be valued by the legal system (such as Agreement) and recommends the adoption of principles/guidelines for the care of pet evaluate these aspects of the Agreement.  
Shennie Patel   MAKING THE CHANGE, ONE CONSERVATIVE AT A TIME: A REVIEW OF DOMINION: THE POWER OF MAN, THE SUFFERING OF ANIMALS, AND THE CALL TO MERCY BY MATTHEW SCULLY   This article provides a review of the book, MAKING THE CHANGE, ONE CONSERVATIVE AT A TIME: A REVIEW OF DOMINION: THE POWER OF MAN, THE SUFFERING OF ANIMALS, AND THE CALL TO MERCY, by Matthew Scully.  
Kate Paulman   SEE SPOT EAT, SEE SPOT DIE: THE PET FOOD RECALL OF 2007   This comment explores the reasons behind the contamination and the ensuing recall. The author identifies inadequate domestic regulation as the primary reason behind the contamination and notes these inadequacies permitted pet food distributors and manufacturers to skirt responsibility during the recall. The comment highlights changes instituted in light of the recall and suggests further changes to the FDA and its regulations so that this heartbreaking situation can be avoided in the future.  
Ryan Pellerito (updated by Rebecca Wisch)   State Endangered Species Chart   This chart provides a link to each state agency responsible for enforcement of state endangered species laws. It also lists a summary of the criteria under the state statutes, the statutory citation, and a link to the US Fish & Wildlife Service's Threatened & Endangered Species System (TESS) database of listed species.  
Matthew Perkins   The Federal Indian Trust Doctrine and the Bald and Golden Eagle Protection Act: Could Application of the Doctrine Alter the Outcome in U.S. v. Hugs?   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.  
Jeff Perz   Anti-Speciesism: The Appropriation and Misrepresentation of Animal Rights in Joan Dunayer’s Speciesism (Abridged)   Joan Dunayer's Speciesism appropriates and misrepresents the animal rights theory of Gary L. Francione. Dunayer's objections to Francione's highly qualified suggestion that a prohibition against confining hens to battery cages could be consistent with animal rights theory are specious. If the exploitation of non-human animals is to be completely abolished, those who bring about this result will have necessary been informed by a consistent, well-supported theoretical framework.  
Andrew B. Perzigian   Genetic Engineering and Animals: A Short Summary of the Legal Terrain and Ethical Implications   This paper provides a brief overview of the pros and cons of genetic engineering technology and its creation of and patenting of transgenic animal species.  
Andrew B. Perzigian   Genetic Engineering and Animal Rights: The Legal Terrain and Ethical Underpinnings   This paper discusses the legal, environmental, and ethical dilemmas involved with genetic engineering technology and its creation of transgenic animal species. Currently, transgenic animal species are patentable subject matter in both the United States and in Europe and the use of such technology is largely left unregulated. This paper discusses the pros and cons that genetic engineering technology bring to the modern world in light of the relative absence of legal barriers facing genetic engineers.  
Jennifer H. Rackstraw   REACHING FOR JUSTICE: AN ANALYSIS OF SELF-HELP PROSECUTION FOR ANIMAL CRIMES   Although prosecutorial discretion is a firmly entrenched legal doctrine in the United States, such unbridled discretion impedes the vigorous and consistent prosecution of animal crimes. With an overwhelming incidence of animal cruelty and neglect crimes perpetrated in the United States every year, documented cases should not be passed over for prosecution due to a lack of empathy on the part of the prosecutor, a misplaced understanding of the seriousness of animal cruelty crimes, or a dearth of resources. To ensure that animal crimes are more vigorously and consistently prosecuted, citizens should take advantage of existing mechanisms that allow for public participation in the prosecutorial process, and strive to enact new legislative schemes to further facilitate the prosecution of animal crimes.  
Gianna M. Ravenscroft   Detailed Discussion of Texas Animal Cruelty Laws   This article provides an in-depth look at the intricacies of Texas animal cruelty laws. Both the criminal and civil statutes are discussed, as is relevant case law. Additionally, this article introduces a new Texas law governing the keeping of dangerous wild animals.  
Gianna M. Ravenscroft   Overview of Texas Animal Cruelty Laws   This overview of Texas animal cruelty laws summarizes the currently enacted laws, addresses the unique aspects of Texas cruelty laws, mentions current controversies, and introduces the new laws dealing with dangerous wild animals.  
Tom Regan   THE DAY MAY COME: LEGAL RIGHTS FOR ANIMALS   This article examines the main arguments used for denying moral rights to nonhuman animals, the rights to life and bodily integrity in particular. Because these arguments are deficient, animals should not be denied legal rights on the basis of their presumed moral inferiority to humans.  
William A. Reppy, Jr.   CITIZEN STANDING TO ENFORCE ANTI-CRUELTY LAWS BY OBTAINING INJUNCTIONS: THE NORTH CAROLINA EXPERIENCE   North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.  
Emilie Ridge   Overview of the Cycle of Domestic Violence and Animal Abuse   This summary explores the link between domestic violence and animal abuse. It explains the threats that animals in domestic violence situations face. Some states allow animals to be included in protection orders and several others have initiated bills in their legislatures.  
Emilie Ridge   Protecting Animals: Domestic Abuse and Animal Abuse Linked   This is a detailed discussion of the connection between Domestic Abuse and Animal Abuse. This article explores how abusers use animals as a means of control and the problems that victims face when leaving a domestic violence situation with an animal. A few states allow a victim to include their animals in the protection order, and several other states are introducing similar legislation.  
Kalyani Robbins   STRENGTH IN NUMBERS: SETTING QUANTITATIVE CRITERIA FOR LISTING SPECIES UNDER THE ENDANGERED SPECIES ACT   This article provides necessary background information on the ESA listing process. It discusses the numerous problems with the listing status quo, which combine to prevent us from meaningfully realizing the expectations Congress had for the listing process. It also provides the support for the primary thesis--that we can and should devise quantitative listing criteria--and suggests a superior model from which to work.  
Adam M. Roberts & Nancy V. Perry   Throwing Caution to the Wind: The Global Bear Parts Trade   A discussion of the scope of the bear parts trade around the world, and threats to bears caused by the demand for their gallbladders for use in traditional Chinese medicine. Discusses the failure of both international and domestic law to accurately address the problem, and the need for additional legislation.  
Lesley J. Rogers and Gisela Kaplan   THINK OR BE DAMNED: THE PROBLEMATIC CASE OF HIGHER COGNITION IN ANIMALS AND LEGISLATION FOR ANIMAL WELFARE   Recent discoveries of higher cognitive abilities in some species of birds and mammals are bringing about radical changes in our attitudes to animals and will lead to changes in legislation for the protection of animals. We fully support these developments, but at the same time we recognize that the scientific study of higher cognition in animals has touched on only a small number of vertebrate species. Accordingly, we warn that calls to extend rights, or to at least better welfare protection, for the handful of species that have revealed their intelligence to us may be counterproductive. While this would improve the treatment of the selected few, be they birds or mammals, a vast majority of species, even closely related ones, will be left out. This may not be a particular problem if being left out is only a temporary state that can be changed as new information becomes available. But, in practice, those protected and not protected are separated by a barrier that can be more difficult to remove than it was to erect in the first place. We summarize the recent research on higher cognition from the position of active researchers in animal behavior and neuroscience.  
William C. Root   'Man's Best Friend': Property or Family Member? An Examination of the Legal Classification of Companion Animals and its Impact on Damages Recoverable for their Wrongful Death or Injury   What damages should be recoverable when an animal, namely a pet, is killed or injured? On what basis should such damages be awarded? The legal classification of animals as property has traditionally limited what a pet owner can recover for the loss of their companion animals. This note discusses the status of the law, the policy considerations at play, and the prospect for change in the area of recovery for harm to pets.  
William C. Root   "Man's Best Friend:" Property or Family Member? An Examination of the Legal Classification of Companion Animals and its Impact on Damages Recoverable for their Wrongful Death or Injury   This article examines the historical treatment of companion animals (pets) under the law as property or chattel, despite the degree of importance most Americans place upon their relationship with their pets. In cases of willful or negligent injury or death to these animals, courts have typically awarded market value damages, which, in most cases are nominal. The author proposes that the characterization of animals as mere property should change to reflect societal views, and punitive damages should be assessed by court where injury to the animal is willful, wanton or reckless.  
Pamela L. Roudebush   Overview of Police Shooting Pets   The following is a quick overview of the issues relating to cases involving police shooting of pets.  
Pamela L. Roudebush   A Factual Account of Immi's Shooting   The following excerpt from an appellate court opinion contains the actual facts that occurred when a 3-year old Rotweiller named Immi was unreasonably shot to death by a police officer.  
Pamela L. Roudebush   Police Shooting Pets - Detailed Discussion   The following is a detailed analysis of current case law on the topic of police shooting pets.  
Marcella Roukas   Determining the Value of Companion Animals in Wrongful Harm or Wrongful Death Claims: A Survey of U.S. Decisions and Legislative Proposal in Florida to Authorize Recovery for Loss of Companionship   The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is often times the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Needless to say, awarding damages at fair market value serves as little or no deterrence for the tortfeasor. This is especially true in cases where the companion animal lacks pedigree or special training. However, some decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States on companion animals and proposes legislative action in the state of Florida for the recovery of the “loss of companionship” for owners of companion animals.  
Marcella S. Roukas   DETERMINING THE VALUE OF COMPANION ANIMALS IN WRONGFUL HARM OR DEATH CLAIMS: A SURVEY OF U.S. DECISIONS AND AN ARGUMENT FOR THE AUTHORIZATION TO RECOVER FOR LOSS OF COMPANIONSHIP IN SUCH CASES.   The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is oftentimes the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Some state court decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States concerning recovery of damages in cases involving harm to companion animals and the reasoning behind why courts should acknowledge such a recovery.  
Alana R. Rubin   Rock The Boat: The Plight of the Southern Bluefin Tuna   This paper examines what makes a Bluefin Tuna unique both scientifically and as an economic commodity. Further, the paper analyzes the current international laws and actions taken to address Southern Bluefin Tuna’s seemingly imminent extinction. The paper concludes by recognizing that while these efforts encouraged conservation, more government enforcement and leadership is needed to ensure the survival of Southern Bluefin Tuna.  
Adrienne M. Ruffle   Resurrecting the International Whaling Commission: Suggestions to Strengthen the Conservation Effort   One of the failures of the IWC is the inability to punish infractions. The United States has unilaterally enacted two pieces of legislation intended to augment the enforcement power of the IWC through import and fishing sanctions against countries who violate the regulations set forth by the IWC. These unilateral amendments have failed in the protection of whales.  
Dick Russell   Tuna Dolphin Wars: Conservationists are Fighting to Save Beleaguered Dolphins from Deadly Tuna Nets   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.  
Anthony Russolello   Avoiding a Triple Frown: The Need for a National Horse Racing Commission   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.  
Renada R. Rutmanis   Overview of The Rise of Ecoterrorism   This overview examines the legal issues that arise when animal activist take extreme measures to document animal cruelty. Their actions, ofter termed "ecoterrorism," often involve taking photographs of alleged animal cruelty that can often be admitted at trial. However, many states have begun to enact laws targeting the actions of animal activists.  
Renada Rutmanis   The Rise of Ecoterrorism   This paper examines laws enacted in response to what some politicians see as a trend toward extremism in the name of protecting animals, Congress and several states have passed, or are currently considering passing, legislation setting harsher penalties for those involved in what has now been coined “ecoterrorism” or “agroterrorism.” This paper will examine some of the recently passed laws and legislation and the cases which have interpreted these laws. It will then analyze some of the constitutional issues raised by critics of the new legislation.  
Mark Sadler   CAN THE INJURED PET OWNER LOOK TO LIABILITY INSURANCE FOR SATISFACTION OF A JUDGMENT? THE COVERAGE IMPLICATIONS OF DAMAGES FOR THE INJURY OR DEATH OF A COMPANION ANIMAL   This paper provides a broad overview of some of the larger issues regarding coverage applicability, and illustrates the possible application of these principals by applying them to the facts of cases which have found damages for pet owners where their animals have been injured or killed as a result of negligent, reckless or intentional conduct.  
Peter Sankoff   CHARTING THE GROWTH OF ANIMAL LAW IN EDUCATION   Although the extent to which the animal law movement has succeeded in generating meaningful change for animals remains a subject of debate, one thing about the movement cannot be disputed: it is growing at a remarkable pace, both in the United States and abroad. For one thing, there are more people working as animal lawyers and studying to earn this informal classification than ever before. Where twenty years ago individuals practicing or trying to acquire knowledge in this area operated in isolation, today's enthusiast can attend animal law conferences, participate in moot court simulations and chat with like-minded individuals on animal law related websites. Most importantly, for the student undertaking the study of law in 2008, there now exists a very strong possibility that the institution they attend offers a course in animal law or will do so in the near future.  
Peter Sankoff   FIVE YEARS OF THE “NEW” ANIMAL WELFARE REGIME: LESSONS LEARNED FROM NEW ZEALAND’S DECISION TO MODERNIZE ITS ANIMAL WELFARE LEGISLATION   In 1999, New Zealand took an ambitious step to update its animal welfare legislation. The new law included a limited provision to protect Great Apes from scientific experimentation that was heralded internationally as a huge step forward for animals. The Author suggests, however, that New Zealand’s other animals have not fared nearly as well under the new law, and that the notion of New Zealand as the “animal friendly” nation implied by its treatment of primates is more about perception than reality. This article explores the New Zealand experience, and suggests lessons that can be drawn from the modernization of its animal welfare legislation.  
JULIE SANTAGELO   EVADING EXTINCTION: A 21ST CENTURY SURVEY OF THE LEGAL CHALLENGES TO WILD SIBERIAN TIGER CONSERVATION   The Amur tiger, like all tigers, is threatened by its high black market value as an ingredient in traditional Chinese medicine. In fact, the illegal wildlife generates up to ten billion United States dollars per year, trailing only the illegal narcotics and arms trade in annual revenue. The 1989 opening of the Russian-Chinese border exacerbated this illegal trade within the Russian Federation. The Amur tiger also suffers from a reduction of its prey base due to subsistence poaching of ungulate species and rampant logging. This reduction in wild prey has resulted in increased tiger-human conflicts such as livestock depredation, further reducing the locals’ incentive to protect tigers.  
Robert Saxton   The Future of the African Rhinoceros: It’s Anything But Black & White   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.  
Joan E. Schaffner   Linking Domestic Violence, Child Abuse, and Animal Cruelty   Ms. Schaffner gives an overview of the connection between Domestic Violence, Child Abuse, and Animal Cruelty. She explains that there is a cycle of abuse, and gives suggestions on efforts to break this cycle.  
Craig Scheiner   "Cruelty to Police Dogs" Laws Update   Mr. Scheiner updates his article, Statutes with Four Legs to Stand On?: An Examination of "Cruelty to Police Dog" Laws, published in Volume 5 of Animal Law.  
Victor E. Schwartz and Emily J. Laird   Non-Economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule   This article argues that allowing non-economic damages in pet cases is unsound public policy and contravenes traditional tort rules of damages. Further, the authors suggest that legislative attempts to cap non-economic damages in pet cases are not a helpful compromise. Allowing non-economic damages ignores established common law principles in tort law and will potentially harm animals by raising the cost of veterinary care.  
Jason R. Scott   DEATH TO POOCHY: A COMPARISON OF HISTORICAL AND MODERN FRUSTRATIONS FACED BY OWNERS OF INJURED OR KILLED PET DOGS   This article explores the various methods courts have used to determine value when assessing damages in pet injury or death cases. In doing so, it focuses on the conflicts that exist between opinions of older courts and more modern courts in determining damages, and how these conflicts have highlighted the transition of a dog's role in society. Finally, the article discusses solutions to these problems, including exploring exemplary statutes in Illinois and Kentucky, along with other solutions that would significantly reduce the stress faced by pet owners and courts when placed in these positions.  
Joseph K. Scott   The Jaws That Bite, The Claws That Snatch (State v. Michels, 726 S.2d 449, La. App. 5th Cir. 1999)   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.  
Katie J.L. Scott   Bailment and Veterinary Malpractice: Doctrinal Exclusivity, of Not?   This Note argues that treating bailment and veterinary malpractice as mutually exclusive is neither necessary nor desirable. In doing so, it first gives an overview of animals' status as property, the doctrine of bailment, and veterinary malpractice. Second, the seminal case discrediting bailment in favor of veterinary malpractice, Price v. Brown, [FN6] is discussed. Finally, this Note explores the reasons why bailment and veterinary malpractice should not be treated as mutually exclusive, and why pet owners should be able to recover for negligence by a veterinarian under the doctrine of bailment.  
Charu Sharma   CHINESE ENDANGERED SPECIES AT THE BRINK OF EXTINCTION: A CRITICAL LOOK AT THE CURRENT LAW AND POLICY IN CHINA   The People’s Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China’s legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.  
Katrina Sharman   Opening The Laboratory Door: National and International Legal Responsibilities for the Use of Animals in Scientific Research--An Australian Perspective   Despite the increased availability of alternatives to the animal test model, laws and policies continue to be used as shields to justify the scientific use of animals in jurisdictions across the world. This article examines the legislative framework for animal research in Australia with a specific focus on the state of New South Wales. It also examines emerging international principles for the use of animals in scientific research.  
Congressman Christopher Shays   ANIMAL WELFARE: ITS PLACE IN LEGISLATION   Comments by Congressman Christopher Shays: Animal welfare will continue to be a challenge. By advocating animal welfare legislation at the federal level, states, the private sector, and individuals can follow clearer, more humane guideline regarding the safety of all animals. As co-chairs of the Congressional Friends of Animals Caucus, Congressman Lantos and I will continue to educate lawmakers about the importance of animal welfare initiatives at all levels.  
Erin Sheley   “Live Animals”: Towards Protection for Pets and Livestock in Contracts for Carriage   This article maps the current legal and logistical circumstances of animals in transportation, with a focus on commercial airlines and meat industry trucking practices, and proposes novel ways of utilizing the existing common law of contract adjudication to win stronger protections for such animals, even absent the fulfilled dream of statutory reform. In particular, it argues that courts should utilize two well-established doctrines of contractual interpretation--unconscionability and unenforceability as against public policy--to arrive at more humane results for animals.  
Jerry Simonelli   Non-Violence and the Animal Rights Movement   The article explores the history of the non-violent protest movement starting with Gandhi and Dr. King and brings the issue into the present animal rights movement.  
Craig M. Smith   College Level Overview of Horse Law   This college level paper provides a general overview of horse law. Included is a discussion of anti-slaughtering laws, cruelty laws, and the federal Wild Horse and Burros Act.  
Craig M. Smith   Detailed Discussion of Horse Related Legal Issues   This detailed discussion provides an overview of horse related legal issues, focusing primarily on horse slaughter, wild horses, and horse cruelty.  
Rob Roy Smith   AT A COMPLEX CROSSROADS: ANIMAL LAW IN INDIAN COUNTRY   This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a brief survey of the legal issues found at the intersection between Indian law and animal law, including both domestic animal issues and fish and wildlife issues. The article presents a working understanding of animal advocacy in Indian Country today and concludes that Indian Country may provide a valuable opportunity to craft model animal protection schemes.  
Song Wei   Traditional Chinese Culture Poses Difficulty For New Animal Welfare Laws   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.  
Peter Stevenson   The World Trade Organization Rules: A Legal Analysis of their Adverse Impact on Animal Welfare   Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.  
Peter Stevenson   The World Trade Organisation Rules:A Legal Analysis of Their Adverse Impact on Animal Welfare   An in-depth analysis of the language of WTO's GATT treaty requirements as they relate to state's attempts to provide for the welfare of animals.  
Leana Stormont   Detailed Discussion of Iowa Hog Farming Practices   This paper focuses on the practice of confinement farming of hogs, specifically examining those practices from the state of Iowa. In doing so, the paper outlines the problems associated with confinement farming of hogs, including manure storage, cruel practices, and zoning issues among others. It then concludes with a look at sustainable agriculture practices from the U.S. and Europe.  
Leana E. Stormont   Overview of Hog Farming in Iowa   This article describes the decline of family hog farming in Iowa and how farming has transitioned to an industrial model of swine production.  
Helena Striwing   Animal Law and Animal Rights on the Move in Sweden   Ms. Striwing, an attorney at law in Sweden, provides a glimpse into Swedish laws and practices affecting animals in that country. She discusses the development and characteristics of such laws and offers suggestions regarding implementation and enforcement that may also be utilized by other countries in their quests to afford animals greater legal protections.  
Diane Sullivan & Holly Vietzke   AN ANIMAL IS NOT AN IPOD   The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is often times the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Needless to say, awarding damages at fair market value serves as little or no deterrence for the tortfeasor. This is especially true in cases where the companion animal lacks pedigree or special training. However, some decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States on companion animals and proposes legislative action in the state of Florida for the recovery of the “loss of companionship” for owners of companion animals.  
Rowan Taylor   A Step at a Time: New Zealand’s Progress Towards Hominid Rights   Mr. Taylor writes about the Great Ape Project's campaign to win fundamental rights for all hominids with New Zealand's Animal Welfare Act. While the Act was a significant step in the struggle for hominids' rights, larger steps, including a Nonhuman Hominid Protection Bill, will soon follow.  
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John J. Tiemessen and Jason A. Weiner   The Golden Retriever Rule: Alaska's Identity Privilege for Animal Adoption Agencies and for Adoptive Animal Owners   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.  
Jennifer L. Tilden (Michigan State University College of Law)   Behind a Glass, Darkly   As wild populations of big cats continue to decline precipitously, concerns about the ethical and environmental considerations of keeping cats for entertainment have increased exponentially. The plight of the big cat has been brought forcibly into the international media spotlight following high profile incidents like the tiger attack on Roy Horn at Las Vegas’ Mirage Casino. However, for every big cat whose instinct makes the national news, many suffer in silence, sacrificed to entertain the masses. Often, this cruelty to animals is rationalized under the wide net of “education,” since many people still believe there is valuable information to be gained from viewing animals trapped behind bars.  
Joyce Tischler   Table of State and Federal Laws Concerning Dogs Chasing Wildlife   This table, developed by Joyce Tischler of ALDF, summarizes the pertinent federal regulations and state laws related to dogs chasing wildlife. External links to state DNR sites listing further rules are also provided.  
Michael Tobias   MINDING ANIMALS: AWARENESS, EMOTIONS, AND HEART BY DR. MARC BEKOFF   This article contains a review of the book, Minding Animals: Awareness, Emotions, and Heart by Dr. Marc Bekoff.  
Paige M. Tomaselli   International Comparative Animal Cruelty Laws   A detailed analysis of the differences and similarities between US, European Union, Swiss, Norwegian and German animal cruelty laws. The theories behind these differences are explored. Finally, possible and definite future reforms shed light on upcoming animal cruelty law.  
Paige M. Tomaselli   Overview of International Comparative Animal Cruelty Laws   Overview of the comparison between US animal cruelty laws and those in Europe. Specifically, laws of the US, EU, Germany, Norway and Switzerland are addressed. The comparison is based around companion animal and confinement farming laws, transportation and slaughter.  
Sandra Tozzini   HAIR TODAY, GONE TOMORROW: EQUINE COSMETIC CRIMES AND OTHER TAILS OF WOE   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.  
Jacqueline Tresl   Shoot First, Talk Later: Blowing Holes in Freedom of Speech   Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry's First Amendment right to free expression.  
Laurence H. Tribe   The Role of Animals in Livable Communities   This article contains remarks by Laurence Tribe on the work of Steven M. Wise.  
Laura E. Tsai   Legal Overview of Bear Farming and the Trade in Bear Bile   College-level overview of the practice of bear farming in Asian nations, as well as the international trade in bear bile. Discussion of the laws regulating hunting and trade.  
Laura E. Tsai   Detailed Discussion of the Plight of Bears Used in Traditional Chinese Medicine   Discussion of the issue of bear farming and the international trade in bear bile. Analysis of the laws regulating farming and trade. Discusses how the issue presents a problem and proposes solutions.  
David S. Turk   Detailed Discussion of Cattle Laws   Detailed discussion of cattle laws. Discussion touches upon husbandry practices, dairy industry, veal industry, inspection of meat products, product labeling and marketing, grazing, and rodeos.  
David S. Turk   Overview of Cattle Laws   Overview of cattle laws. Overview touches upon beef cattle, dairy cattle, veal cattle, labeling standards for cattle, cattle used in rodeos, and other commercial uses of cattle.  
Joseph J. Urgese   Dolphin Protection and the Marine Mammal Protection Act Have Met Their Match: The General Agreements of Tariffs and Trade   This article explores the conflict between conservation and the policy of free trade. The author concludes that the Tuna/Dolphin cases represented the inevitable clash between two laudable goals- environmental protection and free-trade. Resolution of this conflict and future conflicts can only come from the incorporation of both of these objectives into one global regime.  
various - conference proceedings   THE EVOLVING LEGAL STATUS OF CHIMPANZEES, COMMENTS FROM JANE GOODALL, DR. ROGER FOUTS, STEVEN WISE AND DAVID FAVRE   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.  
Breahn Vokolek   AMERICA GETS WHAT IT WANTS: PET TRUSTS AND A FUTURE FOR ITS COMPANION ANIMALS   The pet trust has earned wide acceptance despite its unique non-human and noncharitable nature and has been adopted relatively quickly compared to other novel types of trusts. This comment reviews the history and characteristics of pet trusts to determine why they have been so widely recognized and to explore how the growth in their use and acceptance may be predictive of the development of trusts in the future.  
Sonia S. Waisman   NON-ECONOMIC DAMAGES: WHERE DOES IT GET US AND HOW DO WE GET THERE?   A new movement in tort law seeks to provide money damages to persons losing a companion animal. These non-compensatory damages are highly controversial, and spark a debate as to whether such awards are the best thing for the animals—or for the lawyers. Would a change in the property status of companion animals better solve this important and emotional legal question?  
Sonia S. Waisman and Barbara R. Newell   Recovery of "Non-Economic Damages" for Wrongful Killing or Injury of Companion Animals: A Judicial and Legislative Trend   Ms. Waisman and Ms. Newell discuss the recent legislative actions regarding recovery of non-economic damages for companion animals. They explore the history of human loss of consortium and companionship damages, the role nonhuman animals play in human lives, and propose legislation that will adequately reflect nonhuman animals' place in our society.  
Paul Waldau   Will the Heavens Fall? De-Radicalizing the Precedent-Breaking Decision   This article offers an extended analogy for the purpose of posing basic questions about proposals for granting legal rights to some nonhuman animals. The analogy is drawn from the precedent-breaking eighteenth century English case Somerset v. Stewart, which liberated an African slave. The article highlights the complex cultural backdrop in each situation, and suggests that the comparison helps one see the nature and possibilities of precedent-breaking decisions that rely on various non-legal resources available to judges who, because of conscience, principle, or policy considerations, choose not to follow established precedent.  
Heidi Walson   List of Equine Activity Liability (EALA) Statutes   This document provides a list of several state Equine Activity Liability Act statutes (currently, 44 states have adopted such statutes). A link to each individual statute is also provide.  
Heidi Walson   List of Equine Activity Liability State Cases   This document provides a list of state cases discussing Equine Activity Liability Acts. Links to the individual cases are provided.  
Heidi Walson   Detailed Discussion of the Equine Activity Liability Act   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.  
Jennifer Wang   What Due Process Should be Provided to Dog Owners Before the Government can Remove or Euthanize Their Dogs?   This article discusses what due process rights dog owners must receive before the government can remove or euthanize their dogs.  
Jennifer Wang   What Can Pet Owners Hope to Recover for the Negligent or Intentional Killing of Their Pets?   This article explores what kind of damages pet owners can recover from bringing a lawsuit. While traditional damages are based on economic concepts such as fair market value and consequential damages, the article also explores the recent trend for courts to recognize non-economic damages such as intrinsic value, mental anguish and suffering, and loss of companionship. Unfortunately, however, although a few courts have been leaders in validating these new concepts, the vast majority still do not recognize them.  
Jennifer Wang   What Claims Can be Brought When a Pet Has Been Shot Unlawfully?   This article reviews state and federal causes of action that can be brought when a pet has been shot unlawfully and the different claims that are available depending on whether the shooter is a government employee, such as a police officer or animal control official, or an ordinary citizen. The articles also explores the various defenses that defendants may assert, including qualified immunity for government employees.  
Jennifer Wang   What is the Current Law Concerning the Civil and Financial Responsibility of Dog Owners Whose Dogs Injure Others?   This article explores the various legal claims which can be brought against a pet owner for injuries that his or her pet has caused. It also reviews defenses that pet owners can assert.  
Linda S. Weiss   Breed-Specific Legislation in the United States   The author discusses the current state of breed-specific legislation (BSL) in several states, examining the efficacy of each law and the application to commonly assumed "dangerous breeds" of dogs. Upon investigation, the author concludes BSL is not an effective means of regulating canine behavior in communities.  
Sarah J. Williams   Detailed Discussion of Michigan Anti-animal Cruelty Law   This article details Michigan's animal anti-cruelty law. Included in the discussion is an examination of the intentional infliction of pain and suffering law, the duty to provide care law, the animal anti-fighting provision, among other topics. The article also examines the relevant constitutional provisions such as notice requirements, search and seizure law, and the "plain view" exception.  
Ted Williams   Golden Eagles for the Gods   Ted Williams' article explores the religious ritualistic killing of golden eaglets by a faction of the Hopi Indian Tribe. Williams questions whether the National Park Service Policy that contravenes both the BGEPA and Park Service policy truly reflects the best interest of both the Native American religious community and the fragile eagle population.  
Delcianna J. Winders   CONFRONTING BARRIERS TO THE COURTROOM FOR ANIMAL ADVOCATES   This article explores the historic and current barriers animal law advocates face in pursuing litigation on behalf of animal interests.  
Rebecca F. Wisch   Overview of 2008 State Animal Law Changes   This overview examines the changes to state animal laws in 2008 as well as the animal-related ballot proposals that appeared in the November election.  
Rebecca F. Wisch   Overview of Local and State Dog Laws   This summary examines the nature and authority of state and local dog laws. It also describes the general subjects included in dog laws, such as loose dogs and impoundment procedures. The concept of preemption of local laws is also defined.  
Rebecca F. Wisch   Overview of State Dog Leash Laws   This overview discusses the types of state laws mandating the use of leashes on dogs. It also briefly examines the basic division of power between state and local governments with regard to animal control laws.  
Rebecca F. Wisch   Breed Specific Legislation (BSL) Table of Related Cases   This table provides links to cases involving BSL (breed-specific legislation).  
Rebecca F. Wisch   Domestic Violence and Pets: List of States that Include Pets in Protection Orders   This document lists the states that include pets in domestic violence protection orders with links to the actual statutes.  
Rebecca F. Wisch   Detailed Discussion of State Cat Laws   This discussion analyzes the relevant state laws that affect cats. It also raises and attempts to answer several questions directed to cat owners, including licensing of cats, the feral cat problem, and state vaccination requirements.  
Rebecca F. Wisch   Overview of the Lacey Act (16 U.S.C. SS 3371-3378)   This article provides a brief overview of the federal Lacey Act (16 U.S.C. §§ 3371-3378). Included is a brief historical discussion as well as an examination of the criminal and civil provisions under the Act. A link to a more complete discussion is provided.  
Rebecca F. Wisch   Overview of Lost Dog Laws   This summary discusses the state laws that govern the status of a "lost dog." The common law rules regarding lost property are applied as well as the state "lost property" statutes.  
Rebecca F. Wisch   Summary of State Lost Property Statutes   This summary provides links to the twenty or so states that have enacted lost and found property statutes. These statutes outline a procedure finders must follow when finding lost property, which supplement traditional property laws.  
Rebecca F. Wisch   Overview of the Migratory Bird Treaty Reform Act (MBTRA)   This overview discusses the recent amendment to the Migratory Bird Treaty Act (MBTA). Under a bill introduced in May of 2004, all bird species not considered "native" to the United States would be excluded from protection. This new law, known as the Migratory Bird Treaty Reform Act, has been the center of much controversy, especially as it concerns the cause of mute swans in the U.S. It became law on December 8, 2004, as part of the Consolidated Appropriations Act of 2005.  
Rebecca F. Wisch   Overview of Municipal Animal Control Ordinances   This overview discusses the power of municipalities to enact ordinances. It then highlights some common subjects for animal care and control within municipal codes.  
Rebecca F. Wisch   Table of State Pet Purchaser Protection Laws   This table provides links to state pet purchaser protection laws.  
Rebecca F. Wisch   Pet Sale Cases   This outline provides links to the cases that relate to the sale of companion animals. While not an exhaustive list, it does provide a sampling of the case law in the area.  
Rebecca F. Wisch   Overview of Companion Animal Sales   This overview provides the answer to the question of what a purchaser of an ill dog or defective dog can do. Included is a summary of contract law affecting pet sales, the relevant provisions under the UCC's sale of goods, and state pet purchaser protection laws.  
Rebecca F. Wisch   Table of State Laws Concerning Breeders, Kennels, and Puppy Mills   This table describes state laws that address commercial breeders, "puppy mills," and retail stores that sell dogs and cats. Links are provided to the state laws.  
Rebecca F.Wisch   Overview of Laws Restricting the Age of Puppies for Sale   This overview discusses state laws that place restrictions on the sale of young puppies. Approximately 15 states have enacted laws or administrative regulations that generally require puppies to be between 6 and 8 weeks prior to being offered for sale.  
Rebecca F. Wisch   Overview of State Cruelty Laws   This summary describes some of the basic features of state cruelty laws with links to further discussions.  
Rebecca F. Wisch   Overview of the Map of State Dog Laws   This overview briefly summarizes the content of the state dog laws posted on the map of state dog laws.  
Rebecca F. Wisch   Table of State Humane Slaughter Laws   This table presents an overview of state humane slaughter acts. It includes an examination of the legal methods of slaughter, religious/ritual exemptions, the animals covered, and the penalties for violation.  
Rebecca F. Wisch   Overview of State Dog Tethering Laws   This brief overview describes state laws that concern the tethering or chaining of dogs. It also includes a table of those state laws dealing with tethering with links to the text of the laws.  
Rebecca F. Wisch   Overview of State Bestiality Laws   This summary briefly examines the definition of "zoophilia" and how this conduct is proscribed under state bestiality statutes.  
Rebecca F. Wisch   Table of State Puppy Age Sale Laws   This table has links to state laws that restrict the sale of puppies under a certain age.  
Rebecca F. Wisch   How to Search for Your Municipality's Animal-Related Ordinances   This document briefly explains how one may search for electronic versions of his or her municipality's animal control ordinances over the Interent.  
Rebecca F. Wisch   Emotional Assistance Animals in Rental Housing   This article provides some general information on how to seek help when a person needs an emotional support animal to function in daily life and a landlord enforces a "no pets" policy.  
Rebecca F. Wisch   Table of State Assistance Animal Laws   This table provides an overview of state assistance animal laws. The table is divided into categories including accommodation laws, criminal interference laws, driving laws, and licensing laws. Links to the text of each state law are provided as well.  
Rebecca F. Wisch   Ordinances for Pet Number Restrictions   This legal discussion overviews the typical elements in municipal ordinances that restrict the number of pets a person can own. It analyzes the relevant cases and provides examples ordinances that limit the number of dogs a person can own. Both nuisance regulations and zoning regulations are discussed, as well as the broad police powers municipalities enjoy.  
Rebecca Wisch   Table of State Dog Related Statutes   This table outlines several categories of state dog laws for the fifty states. It then provides a link to the individual statute. Note that the actual statute names may have been changed on the table for brevity or clarity. Also, this table is not meant to be comprehensive of all dog laws, but is rather intended as a survey of several dog-related subjects. Currently, it stands as a work in progress.  
Rebecca F. Wisch   State Initiative Topic Chart   This chart lists initiatives, ballot proposals, and proposed constitutional amendments submitted to voters that concern animals from the past eight years by topic. The topics are listed to the left of the table alphabetically with the 2008 initiatives in the first column followed alphabetically by state.  
Rebecca F. Wisch   State and Municipal Regulation of Dogs   This paper overviews the general police power local municipalities have over the regulation of dogs. In doing so, the paper touches upon the subjects of local dog regulation and the associated caselaw. The paper also discusses preemption of local dog laws by overriding state laws.  
Rebecca F. Wisch   Sale of Companion Animals by Breeders and Retailers   This article explores the remedies available to purchasers of diseased or otherwise unfit cats and dogs. The relevant state statutes are discussed as well as general contract principles under Article 2 of the Uniform Commercial Code.  
Rebecca F. Wisch   Table of Veterinary Reporting Requirement and Immunity Laws   This table analyzes state laws that either require or permit veterinarians to report suspected animal abuse. Approximately 26 states have laws that either mandate the reporting of animal cruelty by veterinarians, permit veterinarians to report suspected abuse, and/or immunize them against lawsuits arising from them reporting such incidents.  
Rebecca F. Wisch   2008 - 2009 Significant Animal Law Cases   This table provides a summary of the significant animal law cases from 2008 and early 2009. The federal cases are listed first followed by the state cases, which are listed alphabetically by case name.  
Rebecca F. Wisch   Summary of 2008 Animal-Related Ballot Measures   This overview provides a summary of the animal-related ballots measures presented to voters in 2008. Links to the text of the ballot measures are provided.  
Rebecca F. Wisch   Detailed Discussion of Assistance Animal Laws   This discussion examines the federal service animal provisions under the Americans with Disabilities Act (ADA) and the relevant states. In doing so, states' equal access, criminal interference, and white cane laws are examined in addition to other laws.  
Rebecca F. Wisch   Eagle Permits Issued Under 50 C.F.R. 22 et seq   The Federal Regulations (50 C.F.R. 22 et seq) govern the issuance of permits to take bald or golden eagles.  Only under these proscribed circumstances will permits be issued to take any eagles.  Included among these categories are Indian religious permits, scientific permits, falconry permit, and permits to take inactive golden eagle nests by mining operators (links pdf. versions of these applications are provided in this document).   
Rebecca F. Wisch   Overview of the Bald and Golden Eagle Protection Act   This overview of the Bald and Golden Eagle Protection Act provides annotations that link into a more detailed legal discussion of the Act. The summary reviews the historical underpinnings behind the passage of the Act and an examination of the major amendments to the original Act. Finally, the legal issues and controversies spawned by challenges to the Act are briefly summarized.  
Rebecca F. Wisch   An Examination of State Dog Impound Laws   This paper explores state and municipal dog impound laws, focusing specifically on loose dog laws, dogs chasing livestock laws, and public health laws. In doing so, the paper examines grants of police power to seize and destroy dog and what due process requirements constrain these state actions.  
Rebecca F. Wisch   Detailed Discussion of the Bald and Golden Eagle Protection Act   This article explores the history and text of the BGEPA. It further examines the relevant legal issues spawned by the Act, including free exercise challenges by Native Americans, the abrogation of treaty rights, commerce in eagle parts, and requisite intent for criminal prosecution under the Act.  
Steven M. Wise   Dismantling the Barriers to Legal Rights for Nonhuman Animals   This article presents the remarks of Steven M. Wise on the status of animals in the legal system.  
David J. Wolfson   BEYOND THE LAW: AGRIBUSINESS AND THE SYSTEMIC ABUSE OF ANIMALS RAISED FOR FOOD OR FOOD PRODUCTION   This article describes the minimal state and federal laws relating to animals raised for food production, and outlines a path for reform.  
David J. Wolfson   McLibel   McDonald's sued two defendants in England in 1991 for defamation and lost major portions of the case, including the issue of animal cruelty. Mr. Wolfson discusses the "McLibel" case in relation to cruel common farming practices, and explores the contradiction that common farming practices can be found to be cruel.  
David J. Wolfson   SYMPOSIUM: CONFRONTING BARRIERS TO THE COURTROOM FOR ANIMAL ADVOCATES - CONCLUSION   David Wolfson concludes the events of the day by highlighting some of the significant issues raised by the participants in the conference, as well as the obstacles animal lawyers have faced and are working to overcome, including legal, political, and cultural barriers. Wolfson ends on an optimistic note, stating that given that the basic foundations of the animal protection movement are correct, the movement should ultimately be successful.  
Mary Christina Wood   Protecting the Wildlife Trust: A Reinterpretation of Section 7 of the Endangered Species Act   This Article attributes the failure of the ESA after thirty years to a basic flaw in interpreting one of the ESA's core provisions, section 7. Section 7 imposes a dual mandate on federal agencies to develop programs for the conservation of listed species, and to insure that federal actions are not likely to jeopardize the continued existence of any listed species. The United States Fish and Wildlife Service and NOAA Fisheries Service have failed to develop any regulation implementing the affirmative conservation program requirement, and they have interpreted the no jeopardy prohibition in a manner that allows imperiled species to drift closer and closer to extinction. This Article suggests a reinterpretation of section 7 in accordance with wildlife trust principles.  
Jamie M. Woolsey   Overview of Dolphins Under the Marine Mammal Protection Act   This summary provides a brief history behind the adoption of the Marine Mammal Protection Act. It also examines the goals of the Act and current controversies that have arisen due to modern pressures on dolphin populations.  
Jamie M. Woolsey   Detailed Discussion of Dolphins Under the MMPA   This discussion analyzes the historical significance and legislative history of the Marine Mammal Protection Act and the Act's effectiveness in protecting dolphins. Included in the topics are international efforts in dolphin conservation and more recent concerns of human interaction with dolphins.  
JAMIE M. WOOLSEY   A SURVEY OF AGREEMENTS AND FEDERAL LEGISLATION PROTECTING POLAR BEARS IN THE UNITED STATES   Throughout the past few decades, international concern for polar bear welfare has increased dramatically. The multinational agreements forged for their conservation require significant policing, cooperation, and understanding of the complex ecological and economic considerations surrounding these predators. Woolsey’s article explores the international agreements and measures designed to save both the bears and their critical habitat.  

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