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