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Title Authorsort descending Citation Summary
2004 Legislative Review Joshua D. Hodes 11 Animal L. 325 (2005)

This article provides an overview of major animal law legislation from 2003 - 2004.

Brief Summary of Laws on Assistance Animals Cynthia F. Hodges Animal Legal & Historical Center

State and federal laws prohibit discrimination against disabled people who rely on service animals. Such laws try to protect the rights of disabled people and safeguard their service animals from harm. The penalties for violating these laws include fines, restitution, and imprisonment.

Brief Summary of State Cat Laws Cynthia F. Hodges Animal Legal & Historical Center

Most state cat laws deal with anti-cruelty and health concerns, such as requiring rabies vaccinations. A majority of states address over-population by requiring shelters to sterilize animals they adopt out, but otherwise consider free-roaming and feral cats to be a local issue. Local governments deal with the problems associated with these cats, such as nuisance, trespass, property damage, and destruction of native wildlife.

Brief Summary of the Lacey Act Cynthia F. Hodges Animal Legal & Historical Center

The Lacey Act prohibits international and domestic wildlife trafficking. The Act makes it a separate crime to trade in wildlife, fish, and plants that have been taken in violation of other federal, state, or foreign laws. The Act also prohibits falsifying documents used for wildlife shipments and failing to mark wildlife shipments. Violators are subject to civil and criminal penalties. 

The Link: Cruelty to Animals and Violence Towards People Cynthia Hodges Animal Legal & Historical Center

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.

The Cracking Facade of the International Whaling Commission as an Institution of International Law: Norwegian Small-Type Whaling Brian T. Hodges 15 J. Envtl. L. & Litig. 295

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.

Brief Summary of Ordinances for Pet Number Restrictions Cynthia F. Hodges Animal Legal & Historical Center

Some cities and towns have attempted to address pet nuisance issues by limiting the number of pets a person can own. These laws are sometimes challenged by pet owners because the laws impact pet owners’ property rights. However, courts usually uphold the laws if they are rationally related to protecting the public health, safety, and welfare.

Brief Summary of the Equine Activity Liability Act Cynthia F. Hodges Animal Legal & Historical Center

Many states have enacted EALA, which limits equine professionals’ liability for injury or death to equestrian participants. EALA only limits liability if the injury or death had been due to an inherent risk involved with interacting with horses. EALA does not limit liability if the injury or death had been caused by a non-inherent risk or caused by the equine professional’s own negligence.

Overview of Trainer Responsibility for Racehorse Breakdowns in New York Cynthia F. Hodges Animal Legal and Historical Center

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.

Trainer Responsibility for Racehorse Breakdowns in New York Cynthia F. Hodges The Animal Legal and Historical Center

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.

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