Results
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Citation | Summary |
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Detailed Discussion of Maryland Great Ape Laws | Amy Breyer | Animal Legal & Historical Center | The following article discusses Maryland Great Ape law. Maryland regulates possession of Great Apes both expressly via state law as well as indirectly via reference to federal law. At the state level, it bans the importation, sale and transfer of dangerous animals through its anti-cruelty law. (MD CRIM LAW § 10-621) Maryland does not define the term “dangerous animal,” but section (b) lists all non-human primates as one of eight categories of animal that “[a] person may not import into the State, offer for sale, trade, barter, possess, breed, or exchange….” Although Maryland does have several laws that either reference Great Apes specifically or reference federal laws meant to protect Great Apes, many exceptions have been carved out of these protections. As such, Maryland's laws regulating possession and usage of Great Apes is mediocre compared to other states at best. |
Detailed Discussion of Massachusetts Great Ape Laws | Amy Breyer | Animal Legal & Historical Center | The following article discusses Massachusetts Great Ape law. Although Massachusetts does not have a law that specifically addresses Great Apes, several state laws cover them as protected endangered species. Its Endangered Species Act (MA ST 131A § 1 - 7) bans just about all activities related to the acquisition, possession, transport and sale of an endangered species. The Act's definition of “endangered species” specifically includes animals covered under federal law, encompassing Great Apes. The article argues that compared to other states, Massachusetts has perhaps slightly better than average laws with respect to the ownership and possession of Great Apes. The Commonwealth does not have any specific standards for keeping Great Apes in captivity, however it does reference federal standards in both its endangered species law as well as its exotic animal ban. It also does not contain the broad exception for research that many other state cruelty laws do. |
Detailed Discussion of Minnesota Great Ape Laws | Amy Breyer | Animal Legal & Historical Center | The following article discusses Great Apes law in Minnesota. While there is no direct law governing who may own a great ape in Minnesota, there are, however, laws in various parts of the Minnesota code that have some limited application to great apes. On the upside, the state's anti-cruelty law applies to all animals, and there is a law specifically protecting companion animals which applies to apes kept for that purpose. On the other hand, the structure of the state's endangered species law - that it neither references apes nor the federal endangered list - makes it a particularly lacklustre protection. Moreover, the state's affirmative decision to address the ownership and possession of Great Apes as a "regulated" animal, along with a number of exceptions and exemptions to the general ban against possessing such animals, is a window into how the state views these animals. |
Detailed Discussion of Mississippi Great Ape Laws | Amy Breyer | Animal Legal & Historical Center | The following article discusses Great Apes law in Mississippi. Mississippi law directly regulates Great Apes by a law that bans the importation and possession of certain wild animals deemed "inherently dangerous." In addition, the state also addresses Great Apes in its general anti-cruelty law as well as its endangered species provisions. |
Detailed Discussion of Nebraska Great Ape Laws | Amy Breyer | Animal Legal & Historical Center | Nebraska, like many other states, addresses the question of who may possess a Great Ape by reference to federal law. Nebraska's Nongame Endangered Species Conservation Act states that it is "unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife in need of conservation...." As with other states, Nebraska also has exceptions to the ban against possessing endangered species under its provisions concerning possession of captive wildlife. Great Apes do fall under the definition of "animal" in Section 28-1008, and are thus covered by the general ban against cruelty. The statute, however, carves out an exception for research facilities that meet federal standards. |
Detailed Discussion of New Jersey Great Ape Laws | Amy Breyer and Rebecca Wisch | Animal Legal & Historical Center | The following article discusses Great Ape law in New Jersey. While New Jersey does not expressly forbid possession of great apes, personal possession is effectively banned by state regulations dealing with endangered and “potentially dangerous” species. Further, the state Nongame and Endangered Species Conservation Act bars the taking, possession, transportation and sale of endangered species. Great Apes are not specifically named, but rather are included by reference to the federal endangered species list. The ban on possession of endangered apes is buttressed by a companion regulation that states “no permit shall be issued for the possession of any species designated as endangered by the U.S. Department of the Interior. . .” Great apes are also covered under the state’s anti-cruelty laws. Unlike many other states, there are no general exemptions for research or other activities. |
Justice for Dusty: Implementing Mandatory Minimum Sentences for Animal Abusers | Kirsten E. Brimer | 113 Penn St. L. Rev. 649 (Fall 2008) |
This Comment discusses the problem with the current punishments for animal abuse violations and analyzes why states should adopt statutes that require mandatory minimums in animal brutality convictions. Part II focuses on the psychological problems associated with animal cruelty, including the relationship between animal cruelty and violence toward humans. Part III examines the structure of current animal abuse legislation. Part IV concentrates on the advantages of applying mandatory minimum sentences to the anticruelty provisions of animal abuse statutes. |
2014 Federal Legislative Review | Jessica Brockway | 21 Animal L. 365 (2015) | This article provides a review of significant animal-related federal legislation from 2014. |
NEW ZEALAND’S ANIMAL WELFARE ACT: WHAT IS ITS VALUE REGARDING NON-HUMAN HOMINIDS? | Paula Brosnahan | 6 Animal L. 185 (2000) | New Zealand's Animal Welfare Act has been touted as a world first in great ape protection, and that may be true. However, it has also been depicted as an act conferring basic legal rights on great apes, and that is an exaggeration. Challenging the legal status of great apes in any jurisdiction requires sound, factual propositions. Therefore, the background and breadth of New Zealand's protections must be understood before proponents of change employ them as precedent. This essay offers a brief history of the non-human hominid provisions of New Zealand's Animal Welfare Act. |
Cropping and Docking: A Discussion of the Controversy and the Role of Law in Preventing Unnecessary Cosmetic Surgery on Dogs | Amy L. Broughton | Animal Legal & Historical Center |
This article describes the procedures of tail docking and ear cropping, the history of the procedures, their place in modern veterinary care, and discuss the positions of advocates both for, and against these procedures. Additionally, this article explains the ways in which the law is being used internationally in preventing these unnecessary procedures, and the ways that current and future American anti-cruelty laws can be used to put a stop to this epidemic. |