Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Brief Summary of Ag-gag Laws | Alicia Prygoski | Animal Legal & Historical Center |
As industrialized farming (also known as factory farming) has become more common in our nation’s culture, concern for the welfare of farmed animals has increased, as well. |
| Reaching for Justice: An Analysis of Self-Help Prosecution for Animal Crimes | Jennifer H. Rackstraw | 9 Animal L. 243 (2003) |
Although prosecutorial discretion is a firmly entrenched legal doctrine in the United States, such unbridled discretion impedes the vigorous and consistent prosecution of animal crimes. With an overwhelming incidence of animal cruelty and neglect crimes perpetrated in the United States every year, documented cases should not be passed over for prosecution due to a lack of empathy on the part of the prosecutor, a misplaced understanding of the seriousness of animal cruelty crimes, or a dearth of resources. To ensure that animal crimes are more vigorously and consistently prosecuted, citizens should take advantage of existing mechanisms that allow for public participation in the prosecutorial process, and strive to enact new legislative schemes to further facilitate the prosecution of animal crimes. |
| In Their Own Right – Calling for Parity in Law for Animal Victims of Crimes | Justice (Retd.) K.S.P. Radhakrishnan (Foreward) | India Animal Crime Victim Report | This report is an attempt at documentation and analysis of crimes against animals during the period 10 2010-20 across three main categories: Companion, Working and Street Animals. The chapters in the report are structured in three parts: Part I that links the current legal framework with companion and working animals. Part II that discusses the exclusion of street animals from any protection and licensing brutal violence against them. The discussion on Assault also covers a range of offences, physical abuse, harm, assault, grievous hurt, sexual assault and murder of animals – confirming a widespread culture of violence against animals in India. Part III looks at the conclusion, recommendations emerging from this report and the annexure documenting the cases. |
| Detailed Discussion of Texas Animal Cruelty Laws | Gianna M. Ravenscroft | Animal Legal and Historical Center |
This article provides an in-depth look at the intricacies of Texas animal cruelty laws. Both the criminal and civil statutes are discussed, as is relevant case law. Additionally, this article introduces a new Texas law governing the keeping of dangerous wild animals. |
| Brief Summary of Texas Animal Cruelty Laws | Gianna M. Ravenscroft | Animal Legal and Historical Center |
High school level summary of Texas animal cruelty laws. The article touches on Texas criminal and civil cruelty laws, the limited scope of the Texas criminal provisions, and the newly enacted laws that deal with dangerous wild animals. |
| Overview of Texas Animal Cruelty Laws | Gianna M. Ravenscroft | Animal Legal and Historical Center |
This overview of Texas animal cruelty laws summarizes the currently enacted laws, addresses the unique aspects of Texas cruelty laws, mentions current controversies, and introduces the new laws dealing with dangerous wild animals. |
| The Day May Come: Legal Rights for Animals | Tom Regan | 10 Animal L. 11 (2004) |
This article examines the main arguments used for denying moral rights to nonhuman animals, the rights to life and bodily integrity in particular. Because these arguments are deficient, animals should not be denied legal rights on the basis of their presumed moral inferiority to humans. |
| Citizen Standing to Enforce Anti-Cruelty Laws by Obtaining Injunctions: The North Carolina Experience | William A. Reppy, Jr. | 11 Animal L. 39 (2005) |
North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute. |
| SAVING APES WITH THE LAWS OF MEN: GREAT APE PROTECTION IN A PROPERTY-BASED ANIMAL LAW SYSTEM | Alexandra B. Rhodes | 20 Animal L. 191 (2013) | This Note evaluates the methods advocates have taken toward furthering great ape protection in the United States (U.S.). Many animal advocates argue that abolishing animals’ property status is essential to establishing effective protections; nonetheless, it will take time for our society to accept the concept of legal personhood for animals. Therefore, this Note suggests that for the time being, great ape protection should be framed in a human context, to protect animals within the existing, property-based animal law system. In general, this Note provides background on the property status of animals in the U.S., specifically analyzes the legal status of great apes domestically and abroad, and suggests how advocates may most efficiently work toward great ape protection today. |
| Son Of Sam and Dog of Sam: Regulating Depictions of Animal Cruelty Through the Use of Criminal Anti-Profit Statues | Emma Ricaurte | 16 Animal L. 171 (2009) |
In 1991, Congress enacted 18 U.S.C. § 48, which prohibits the interstate sale and distribution of depictions of animal cruelty, in response to the proliferation of animal “crush videos” on the Internet. In 2008, the Third Circuit, in United States v. Stevens, a case involving dog fighting, held that the law was an unconstitutional restriction on free speech. In April of 2009, the Supreme Court of the United States granted certiorari. Discussions about the regulation of depictions of animal cruelty have largely focused on whether the child pornography or obscenity exceptions to the First Amendment should be extended to include violent depictions of animal cruelty. This Article suggests that instead of expanding those doctrines, criminal anti-profit statutes or “Son of Sam” laws may be constitutionally applied to regulate the profitability of these images, thereby reducing the incentive to produce such materials and creating a lesser restriction on speech. |