Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| New Law to Ensure the Protection of Animals in Spain | Teresa Gimenez-Candela | Animal Legal & Historical Center | Law 32/2007, of 7th November for the care of animals during their exploitation, transport, experimentation and sacrifice. The law is composed of a Preamble and is structured in three titles, and is completed by an additional provision and six final provisions. This Act provides, in compliance with the European Community mandate, a set of principles on the care of animals and a schedule of offences and penalties that gives legal effect to the obligations under current regulations. The Act also provides the foundation for the system of penalties. This is accomplished by establishing a common denominator policy under which the autonomous local communities may exercise their powers. That common denominator guarantees the consistency necessary for the operation of the applicable rules and ensures a minimum proportionality in the sanctions. |
| STATE ANIMAL USE PROTECTION STATUTES: AN OVERVIEW | Jen Girgen | 18 Animal L. 57 (2011) |
Although much attention has been given to the Animal Enterprise Terrorism Act, a federal statute enacted to deter and punish extra-legal animal rights activism, comparatively little attention has been afforded the various state versions of this law. This Article is an attempt to help remedy this deficit. It offers a comprehensive overview of existing state animal use protection statutes and describes legislative trends in this area. |
| The Historical and Contemporary Prosecution and Punishment of Animals | Jen Girgen | 9 Animal L. 97 (2003) |
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. |
| THE FOREST SERVICE'S BAIT AND SWITCH: A CASE STUDY ON BEAR BAITING AND THE SERVICE'S STRUGGLE TO ADOPT A REASONED POLICY ON A CONTROVERSIAL HUNTING PRACTICE WITHIN THE NATIONAL FORESTS | Eric Glitzenstein and John Fritschie | 1 Animal L. 47 (1995) | After describing the practice and effects of bear baiting, the article recounts the USFS's reluctant and haphazard attempts to develop a national policy on bear baiting, and the resulting legal challenges. The authors examine the scope of USFS authority to regulate human activities in the national forests, particularly with regard to actions impacting wildlife, then analyze the USFS's recent proposed "national policy" on bear baiting. Finally, the authors will explain why the USFS should apply the same management principles and standards to controversial 'hunting" practices, such as bear baiting, as it does to other uses of the nation's forests which have environmental impacts and interfere with the use and enjoyment of the forests by other users. |
| THE PET THEFT ACT: CONGRESSIONAL INTENT PLOWED UNDER BY THE UNITED STATES DEPARTMENT OF AGRICULTURE | Nancy Goldberg Wilks | 1 Animal L. 109 (1995) | The author argues that, in promulgating regulations under the Pet Theft Act, the United States Department of Agriculture erred in its interpretation of the law and misapplied basic rules of statutory construction. The article examines some of the confusions that have arisen in the pound seizure dispute due to the new amendments and regulations. |
| NOT ALL DOGS GO TO HEAVEN: JUDAISM’S LESSONS IN BEASTLY MORALITY | Mark Goldfeder | 20 Animal L. 107 (2013) | This Essay examines the moral status of animals and the definition of humanity under traditional Jewish law, as contained in Biblical texts and commentaries by ancient and historical Jewish scholars. Examining whether animals are capable of moral behavior, it provides examples from various Judaic sources to support the idea that animals are capable of making conscious, moral choices. This Essay goes on to investigate the effect that morality has on the rights and rewards given to animals under Jewish law, and whether, as conscious moral actors, animals have souls. Turning more broadly to the definition of humanity, this Essay discusses whether there might be an expansive contextual definition that would encompass animals with the cognitive ability to communicate and interact like people. Possible tests for humanity under Jewish law, all of which could include animals, such as the contextual/functionality test, or the moral intelligence test, suggest that from a Jewish law perspective, animals that possess the ability to make moral choices may be more human than not. |
| THE CONFLICT BETWEEN SPECIES IN AN EVER MORE CROWDED WORLD | Jane Goodall | 4 Animal L. i (1998) | From the courtroom, to Capitol Hill, to the international arena, the struggle for animal rights continues (as it does too for human rights). In this volume of Animal Law, several authors discuss how the legal rights of humans compete with those of animals. Rick Eichstaedt's article, "Save the Whales" v. 'Save the Makah": The Makah and the Struggle for Native Whaling, discusses the competing interests of the Makah Indian tribe and the gray whale. The Makah will begin hunting gray whales for the first time in over seventy years in the fall of 1998. Some defenders of indigenous peoples' rights argue that the Makah should be allowed to return to their traditional ceremonial practice. Animal rights groups argue that it is not right to kill even one whale. There are no easy answers in conflicts such as these. |
| ARE CHIMPANZEES ENTITLED TO FUNDAMENTAL LEGAL RIGHTS? | Dr. Jane Goodall and Steven M. Wise | 3 Animal L. 61 (1997) | A presentation to the Senior Lawyers division of the American Bar Association in Orlando, Florida on August 2, 1996. |
| Humane Education, Dissection, And The Law | Marcia Goodman Kramer | 13 Animal Law 281 (2007) |
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. |
| A Public Policy Toward the Management of Feral Cats | Shawn Gorman and Julie Levy | 2 Pierce L. Rev. 157 (June 2004) |
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. |