jouranimallawvol9.pdf (1.71 MB)
Published by the students of Michigan State University College of Law
Journal of Animal & Natural Resource Law Vol. IX (2013)
The table of contents is provided below.
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Table of Contents
ARTICLES
Whoa Means Whoa – The Reinstitution of Horse Slaughter In The U.S. Is Not Necessary to Ensure Equine Welfare
Ann M. Griffin........................................................................................ 1
Since the cessation of equine slaughter in the U.S. in 2007,
efforts have been ongoing to reinstitute the practice. Equine
slaughter is not a humane solution to any existing equine
welfare problems and is not an acceptable substitute for
humane euthanasia. However, there are segments of the horse
industry, such as breeders, and related industries, such as the
racing and pharmaceutical industries, which are striving to
convince people that countless numbers of “unwanted horses”
are suffering because domestic slaughter is no longer an option.
Ironically, a baseless equine welfare argument is being used
to urge a return to a very inhumane practice. Equine slaughter
is not needed to prevent horses from suffering abandonment,
abuse, or neglect. If steps were taken by the industries that
contribute disproportionately to the equine slaughter numbers
to be responsible for training and re-homing those horses–either
of their own volition or because they were forced to do so–the
levels of equine supply and demand could reach a manageable
balance. We owe a quality of life, and death, to these noble
animals who have contributed and continue to contribute so
much to our quality of life.
The Paradox of Animal Hoarding and The Limits of Canadian Criminal Law
Kathryn M. Campbell, Ph.D................................................................. 45
Animal welfare advocates believe that all animals should live
lives free of suffering; this applies not only to the millions of
animals used for experimentation and those bred in factory
farming but also to companion animals. Companion animals
accompany humans in our daily lives, live in our homes, and in
many cases are part of our families. However, animal hoarders
who keep large numbers of companion animals in drastically
unsanitary conditions pose particular challenges to animal
welfare groups, to public health officials, and to prosecutors
who wish to pursue these most egregious cases of animal abuse.
The consequences for the animals of this bizarre form of cruelty
are disastrous and result in immeasurable suffering. The focus of
this paper will be on an examination of these many challenges.
The paper will begin with an overview of animal hoarding, how
it is defined, and the impact that hoarding has on the animals
kept. The psychological implications of this behaviour will be
examined, followed by the legal challenges prosecutors face
in pursuing animal hoarders in court. The limits of Canadian
criminal law to address animal hoarding will illustrate the
difficulties in charging animal hoarders in this country. Finally,
the paper will focus on the need for a more concerted approach
to this problem by integrating legal, municipal, and public health
services in an attempt to better address the serious consequences
for animals that result from this behaviour.
Property Status and The Limited Impact of Welfare Legislation for Farm Animals
Lee McConnell..................................................................................... 63
This article examines the extent to which the categorization of
animals as property impacts the legal protection of farm animals.
As will be demonstrated, the welfare provisions currently
in place fail to address the main sources of animal suffering,
often serving to entrench established practices, limited as they
are by property status, and as such, by economic imperatives.
Illustrative examples will be drawn primarily from the English
legal system and the parameters established by the Animal
Welfare Act 2006, with parallels to the United States and New
Zealand drawn in comparative analysis. The aim is to highlight
recurring issues concerning customary husbandry practices and
the economic motivations that stem from property status, which
may serve to expedite or impede effective legislative protection
across these jurisdictions.
Of Non-Human Bondage: Great Apes, Blind Eyes, and Disorderly Company
Jordan Carr Peterson.......................................................................... 83
Great apes occupy a special place in human society and
imagination. What place, though, should they occupy under
human law? This article examines the current legal environment
for great apes, considering it both comparatively, within the
broader movement for animal liberation, and individually, as a
subset of animal rights that has received special attention because
of great apes’ particular intelligence and biological similarity to
humans. The inadequate level of legal protection afforded great
apes is philosophically arbitrary and morally inexcusable. The
most pragmatic solution is the incremental conferral of a limited
subset of human rights on great apes.
Psychological Aspects of Cruelty to Animals: A Clinician's Perspective
Elizabeth A. Waiess, Psy. D................................................................ 115
This article addresses psychological aspects of cruelty to
animals. While it is widely known that childhood abuse may
lead to the abuse of animals, the underlying mechanisms
of infant and child development and the role of external
influences is described. Children are not born with the innate
capacity for cruel behavior. In particular, the author focuses
on the early acquisition of social rules of behavior within
the caretaking relationships, which may be supportive of cruelty
toward animals. Using case material from her own work, the
author describes a teenager who experienced no guilt regarding
his cruel behavior and contrasts this with a young adult who
clearly did. The purpose of the article is not to excuse behavior
but to better understand behavior and so to lead to informed
preventative actions.
Understanding Blood Sports
Maria A. Iliopoulou & Gene P. Rosenbaum...................................... 125
In this paper, we explore and discuss theories that explain
why men are attracted to blood sports and more specifically
dogfighting, cockfighting, and bullfighting. We selected three
theories and provided an overview of each theory separately.
These theories address the issue of blood sports in three
different countries, and cultural contexts. Finally, we proceed
with a discussion regarding common conceptual themes that
emerge through these three theories and their significance in
understanding blood sports as a first step in preventing them.
NOTES & COMMENTS
International Cooperation Concerning The Extinction of Tigers
Caitlin Bratt....................................................................................... 141
Over the past century, tiger populations have been decreasing
dramatically. The number of tigers is decreasing due to
poaching for use in traditional Chinese medicines and to show
status. Loss of tiger habitats from human population increases
and development has also harmed tiger populations. Many
countries, especially China, have played a role in endangering
tiger populations. Extinction of an important species, such as
tigers, could negatively affect the biodiversity of the ecosystem.
There is a need for more strict anti-trade and anti-poaching laws
to preserve tiger populations. Most countries that have tiger
populations currently have laws to protect tigers, but these laws
are not always enforced. This paper addresses what animal preservation
organizations have done help protect the tigers and
increase their populations. This paper also gives suggestions as
to what more countries can do to stabilize and even increase
tiger populations.
Improving the Welfare of Egg-Laying Hens Through Acknowledgment of Freedoms
Amanda Wright.................................................................................. 169
This article concerns the welfare of egg-laying hens. The
purpose of this article is to analyze the flaws in the Egg Products
Inspection Act Amendments of 2010, or H.R. 3798. The article
seeks to show that this proposed legislation cannot adequately
protect the hens’ welfare in a system that seeks to exploit these
animals. The article begins by providing a brief history of
factory farming as used in the egg-producing industry. In order
to demonstrate a need for federal regulation, the paper discusses
the consequences of factory farming on the lives of egg-laying
hens and explains how these practices cause suffering.
This article examines and compares the current regulations
protecting egg-laying hens in the European Union and the
United States. The article explains how public support and
an acknowledgment of animal freedoms helped the European
Union implement regulations, despite the egg-producing
industry’s strong influence. Using the European Union as an
example, the paper proposes that the federal government adopt
an acknowledgement of enumerated animal rights or freedoms
and implement it into H.R. 3798. The author explains why an
acknowledgement of enumerated animal rights or freedoms
is necessary and asserts that this addition to H.R. 3798 would
curb the egg-producing industry’s pervasive animal abuse and
influence over egg-production legislation.
2012-2013 Case Law Review
Kjirsten Sneed.................................................................................... 195