Results
| Title |
Author |
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. |
| Detailed Discussion of State Animal "Terrorism"/Animal Enterprise Interference Laws | Cynthia F. Hodges | Animal Legal & Historical Center |
State animal terrorism laws have been enacted to protect agricultural research and production. The laws prohibit acts that obstruct, impede, or disrupt agricultural operations, research, or experimentation conducted at an animal facility. A person who violates a state animal terrorism law may be charged with a misdemeanor or a felony, face a stiff fine and prison term, and may be required to pay restitution. Opponents of such laws argue that they may violate state and federal constitutional rights. |
| Detailed Discussion of State Emergency Planning Laws for Pets | Cynthia F. Hodges | Animal Legal & Historical Center |
Since 2005, major changes have been made to federal and state emergency planning laws with respect to animals. State laws require emergency plans to include steps to be taken during a disaster, including evacuation, rescue and recovery, shelters and tracking. |
| The Canadian Commercial Seal Hunt: In Search Of International Legal Protection For Harp Seals | Cynthia F. Hodges | Animal Legal & Historical Center |
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. |
| Detailed Discussion of the Humane Methods of Slaughter Act | Cynthia F. Hodges | Animal Legal & Historical Center |
The Humane Methods of Slaughter Act (HMSA) is federal legislation that requires that only humane methods of slaughtering and handling livestock in connection with slaughtering be used. Before being shackled, hoisted, thrown, cast, or cut, livestock animals must be rendered insensible to pain by being gassed, electrocuted, or shot in the head with a firearm or captive bolt stunner. HMSA does not apply to birds or animals killed in ritual slaughter, and lacks a general enforcement provision. |
| 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. |
| 2010 Significant Animal Law Cases | Cynthia F. Hodges | Animal Legal & Historical Center |
This table provides a summary of the significant animal law cases (state and federal) from 2010. The cases are listed alphabetically by case name. |
| 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 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. |
| Brief Summary of State Animal Enterprise Interference Laws | Cynthia F. Hodges | Animal Legal & Historical Center |
State animal terrorism laws have been enacted to protect agricultural research and production using animals. The laws prohibit acts that obstruct, impede, or disrupt agricultural operations, research, or experimentation conducted at an animal facility. A person who violates a state animal terrorism law may be charged with a misdemeanor or a felony, face a stiff fine and prison term, and may be required to pay restitution. Opponents of such laws argue that they may violate state and federal constitutional rights. |