Journal of Animal Law Vol 4.pdf (1.37 MB)
Published by the students of Michigan State University College of Law
Journal of Animal Law Vol. IV (2008)
The table of contents is provided below.
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JOURNAL OF ANIMAL LAW
VOL . IV 2008
TABLE OF CONTENTS
ARTICLES
WHERE ’S FIDO : PETS ARE MISSING IN DOMESTIC VIOLENCE SHELTERS AND STALKING LAWS
Tara J. Gilbreath. ............................................................................ 1
This article addresses two key areas of domestic violence law where disregard for the bond shared by an animal and owner places both the animal and the domestic violence victim in danger. The first of these situations is the majority of domestic violence shelters’ refusal or inability to allow victims to bring their animals with them. The second is the law’s blatant omission of a stalker’s threat of violence, and actual violence, towards animals from coverage by the nation’s anti-stalking laws. Both of these situations illustrate how refusal by the law to recognize the bond shared by human and animal place both in peril.
COMBATING ANIMAL CRUELTY WITH ENVIRONMENTAL LAW TACTICS
De Anna Hill .................................................................................. 19
Many individuals and citizen groups view federal and state anti-cruelty statutes as inadequate in protecting animals and in providing sufficient remedies. Unlike animal cruelty statutes like the Animal Welfare Act (AWA), many of the federal environmental statutes provide citizen suit provisions or otherwise allow interested parties to sue for enforcement. Citizen suit provisions in environmental statutes increase accessibility of the courts to the public. There are many instances where citizens groups have filed federal environmental citizen suits against federal agencies and private facilities that would be considered by many to be actively involved in or to have facilitated acts of animal cruelty. Animal protectionists have attempted and continue to attempt to further protection of animals by filing or supporting suits under environmental law against federal agencies and private facilitators of animal cruelty.
AN ANIMAL IS NOT AN IPOD
Diane Sullivan & Holly Vietzke .................................................... 41
The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is often times the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Needless to say, awarding damages at fair market value serves as little or no deterrence for the tortfeasor. This is especially true in cases where the companion animal lacks pedigree or special training. However, some decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States on companion animals and proposes legislative action in the state of Florida for the recovery of the “loss of companionship” for owners of companion animals.
COMPANION ANIMALS : AN EXAMINATION OF THEIR LEGAL CLASSIFICATION IN ITALY AND THE IMPACT ON THEIR WELFARE. ACTUALITY AND PROSPECTIVE
Annamaria Passantino .................................................................. 59
Animals are now defined as “sentient creatures” in European law and no longer just as agricultural products (Treaty of Amsterdam, 1997). That change reflects ethical public concern about the quality of life of animals. In Italy , an important section of the regulation of man’s relationship with companion animals is contained in the “State-Regions Agreement on Companion Animal Welfare and Pet Therapy,” which was recognised by the Council of Ministers in DCPM 28th February 2003. The Agreement defines some basic principles whose aims are to create a greater and increasingly correct interaction between man and companion animals, to guarantee the latter’s welfare in all circumstances, to avoid their being inappropriately employed and to encourage a culture of respect for their dignity, also in the sphere of innovative therapeutic activities such as Pet-therapy. Among the various aspects examined, this agreement especially underlines the responsibilities and duties of a companion animal handler and specifies that any person who lives with a companion animal or agree to take care of one is responsible for its health and welfare and must house it and give it adequate care and attention.
The Agreement also introduced important new measures aimed at reducing the numbers of stray animals, such as the use of microchips for an official dog identification system and the creation of a computerised data bank. The Author, after having analyzed the legal status of animals under the current system and discussed the idea of extending legal personhood to such animals, considers the law for the current valuation of companion animals. Finally, the Author promotes the idea that there is a legal/rational basis for changing the way that companion animals should be valued by legal system (such as Agreement) and recommends the adoption of principles/guidelines for the care of pet evaluate these aspects of the Agreement.
COMPLEMENTING LEGISLATION : THE ROLE OF CULTURAL PRACTICES IN THE CONSERVATION OF WILDLIFE – E XAMPLES FROM GHANA
Shadrack Ahrin .............................................................................. 93
Despite attempts to modernize Ghana ’s wildlife laws, they remain largely ineffective and inadequate. However, in the absence of adequate wildlife legislation, the various cultural values in Africa have accepted the task of conserving Africa ’s wildlife.
TO SAVE LAB ANIMALS THE L EGAL WAY : THE R IGHT TO APPEAL ON PERMITS TO PERFORM ANIMAL EXPERIMENTS
Live Kleveland, The Norwegian Animal Protection Alliance ...... 99
In Norwegian law, animal welfare organisations have the right to appeal on permits to perform animal experiments. The author explains the reasons for the right, briefly outlines how a case of appeal develops and explains possible consequences.
CHARTING THE GROWTH OF ANIMAL LAW IN EDUCATION
Peter Sankoff .............................................................................. 105
Although the extent to which the animal law movement has succeeded in generating meaningful change for animals remains a subject of debate, one thing about the movement cannot be disputed: it is growing at a remarkable pace, both in the United States and abroad. For one thing, there are more people working as animal lawyers and studying to earn this informal classification than ever before. Where twenty years ago individuals practicing or trying to acquire knowledge in this area operated in isolation, today's enthusiast can attend animal law conferences, participate in moot court simulations and chat with like-minded individuals on animal law related websites. Most importantly, for the student undertaking the study of law in 2008, there now exists a very strong possibility that the institution they attend offers a course in animal law or will do so in the near future.
NOTES & COMMENTS
THE HUMANE METHODS OF SLAUGHTER ACT : DEFICIENCIES AND PROPOSED AMENDMENTS
Jennifer L. Mariucci
Michigan State University College of Law ................................. 149
This note touches on the Humane Methods of Slaughter Act and the deficiencies in the current version that undermine the statute’s intended purpose of ensuring a humane slaughter for all animals. This note analyzes the statute, compares it to comparable statutes from around the world, and suggests alterations to ensure that the statue fulfills its goal. This note also includes proposed statutory language that implements suggested changes.
2007-2008 CASE LAW REVIEW
Jennifer Bunker ........................................................................... 183