Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Brief Overview of Trainer Responsibility for Racehorse Breakdowns in New York | Cynthia F. Hodges | The Animal Legal and Historical Center |
This brief summary presents reasons why 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. |
| 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. |
| Brief Summary of the Endangered Species Act | Cynthia F. Hodges | Animal Legal & Historical Center |
The Endangered Species Act ("ESA") prohibits importing, exporting, taking, possessing, selling, and transporting endangered and threatened species (with certain exceptions). ESA also provides for the designation of critical habitat and prohibits the destruction of that habitat. ESA provisions are enforced through the use of citizen suits, imprisonment, fines, and forfeiture. |
| 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. |
| Brief Summary of State Spay and Neuter Laws | Cynthia F. Hodges | Animal Legal and Historical Center |
A majority of states have enacted laws requiring releasing agencies to sterilize cats and dogs they adopt out in an effort to reduce the number of unwanted animals. Exceptions to the mandatory sterilization laws are often made for owners and for medically unfit animals. Violations are punishable both civilly and criminally. |
| Brief Summary of State Emergency Planning Laws for Animals | Cynthia F. Hodges | Animal Legal & Historical Center |
After Hurricane Katrina struck New Orleans in 2005, the federal Pets Evacuation and Transportation Standards (PETS) Act was enacted and over 30 states have adopted either a law or emergency plan that deals with disaster planning and pets. Such plans establish procedures to coordinate federal, state and local government agencies, volunteer organizations, animal interest groups, and veterinary medical personnel for rapid response to natural disasters. Most address the care of companion animals, the implementation of state animal response teams, the sheltering of animals, and identification of recovered animals. |
| 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. |
| 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. |
| Brief Summary of the Humane Methods of Slaughter Act (HMSA) | Cynthia Hodges | Animal Legal & Historical Center |
This article gives a quick summary of the Humane Methods of Slaughter Act (HMSA). The Act requires that humane methods of slaughtering and handling livestock in connection with slaughter be used. Livestock animals, such as cattle, calves, horses, mules, sheep, swine, and goats, must be rendered insensible to pain before being shackled, hoisted, thrown, cast, or cut. |