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Title Authorsort descending Citation Summary
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.

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.

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.

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 Spay and Neuter Laws Cynthia F. Hodges Animal Legal & 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.

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 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 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.

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