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Animal Law, Volume 11 2005 (links to articles in .pdf format)

 

Introduction

 

LAW AND PUBLIC POLICY: FUTURE DIRECTIONS FOR THE ANIMAL PROTECTION MOVEMENT

 

Articles

 

FIVE YEARS OF THE “NEW” ANIMAL WELFARE REGIME: LESSONS LEARNED FROM NEW ZEALAND’S DECISION TO MODERNIZE ITS ANIMAL WELFARE LEGISLATION

Peter Sankoff

In 1999, New Zealand took an ambitious step to update its animal welfare legislation. The new law included a limited provision to protect Great Apes from scientific experimentation that was heralded internationally as a huge step forward for animals. The Author suggests, however, that New Zealand’s other animals have not fared nearly as well under the new law, and that the notion of New Zealand as the “animal friendly” nation implied by its treatment of primates is more about perception than reality. This article explores the New Zealand experience, and suggests lessons that can be drawn from the modernization of its animal welfare legislation.

 

 

7

 

CITIZEN STANDING TO ENFORCE ANTI-CRUELTY LAWS BY OBTAINING INJUNCTIONS: THE NORTH CAROLINA EXPERIENCE

William A. Reppy, Jr.

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.

 

39

 

NO PETS ALLOWED: HOUSING ISSUES AND COMPANION ANIMALS

Rebecca J. Huss

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.

 

69

 

STATE ANIMAL PROTECTION LAWS—THE NEXT GENERATION

Stephan K. Otto

A vast increase in animal protection laws during the past decade has changed the legal landscape of animal law. The current generation of such laws includes more inventive and effective provisions, but more could be done. This article reviews the current laws of states across the country and proposes a number of specific provisions that would improve the force and effect of animal protection legislation. The Author’s goal is to identify pragmatic ways in which to make animals the most statutorily protected type of property in our country.

 

 131

LONG-TERM OUTCOMES IN ANIMAL HOARDING CASES

Colin Berry, M.S.

Gary Patronek, V.M.D., Ph.D.

Randall Lockwood, Ph.D.

Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarders, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports.

 

 167

INTERNATIONAL ANIMAL RIGHTS: SPECIESISM AND EXCLUSIONARY HUMAN DIGNITY

Kyle Ash

The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving biodiversity, a subjugating conceptualization of other species has inhibited the development, application, and legitimacy of the principle of sustainability. The belittling view of other species in relation to ourselves also creates inconsistencies within international law and undermines the integrity and sophistication of its development. International human rights law is especially affected.

 

 195

CHINESE ENDANGERED SPECIES AT THE BRINK OF EXTINCTION: A CRITICAL LOOK AT THE CURRENT LAW AND POLICY IN CHINA

Charu Sharma

The People’s Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly extinct animal populations. This article critically examines China’s legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.

 

215

 

Comments

 

CAGING ANIMAL ADVOCATES’ POLITICAL FREEDOMS: THE UNCONSTITUTIONALITY OF THE ANIMAL AND ECOLOGICAL TERRORISM ACT

Andrew N. Ireland Moore

The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.

 

255 

CAN THE INJURED PET OWNER LOOK TO LIABILITY INSURANCE FOR SATISFACTION OF A JUDGMENT? THE COVERAGE IMPLICATIONS OF DAMAGES FOR THE INJURY OR DEATH OF A COMPANION ANIMAL

Mark Sadler

Much has been written in recent years regarding the important role pets play in our society and the legal consequences that have developed from that relationship. Both our courts and legislatures have recognized, in certain circumstances, the ability of a pet owner to recover from a wrongdoer in the event of negligent or intentional conduct that results in the death or injury of a companion animal. However, securing a damages award and recovering on a judgment secured may present the aggrieved pet owner with two entirely different challenges. Liability insurance coverage is critical to the latter concern. This paper provides a broad overview of some of the larger issues regarding coverage applicability, and illustrates the possible application of these principals by applying them to the facts of cases which have found damages for pet owners where their animals have been injured or killed as a result of negligent, reckless or intentional conduct.

283

 

Book Review

 

A REVIEW OF ANIMAL RIGHTS: CURRENT DEBATES AND NEW DIRECTIONS

Laura Ireland Moore

311

 

2004 Legislative Review

 

2004 LEGISLATIVE REVIEW

Joshua D. Hodes, Legislative Review Editor

325