Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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 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. |