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Published by the students of Michigan State University College of Law

Journal of Animal & Natural Resource Law Vol. IX (2013)

The table of contents is provided below.

Download the .pdf file for free (1.71 MB)

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Table of Contents

ARTICLES

Whoa Means Whoa – The Reinstitution of Horse Slaughter In The U.S. Is Not Necessary to Ensure Equine Welfare

Ann M. Griffin........................................................................................1

Since the cessation of equine slaughter in the U.S. in 2007,

efforts have been ongoing to reinstitute the practice. Equine

slaughter is not a humane solution to any existing equine

welfare problems and is not an acceptable substitute for

humane euthanasia. However, there are segments of the horse

industry, such as breeders, and related industries, such as the

racing and pharmaceutical industries, which are striving to

convince people that countless numbers of “unwanted horses”

are suffering because domestic slaughter is no longer an option.

Ironically, a baseless equine welfare argument is being used

to urge a return to a very inhumane practice. Equine slaughter

is not needed to prevent horses from suffering abandonment,

abuse, or neglect. If steps were taken by the industries that

contribute disproportionately to the equine slaughter numbers

to be responsible for training and re-homing those horses–either

of their own volition or because they were forced to do so–the

levels of equine supply and demand could reach a manageable

balance. We owe a quality of life, and death, to these noble

animals who have contributed and continue to contribute so

much to our quality of life.

 

The Paradox of Animal Hoarding and The Limits of

Canadian Criminal Law

Kathryn M. Campbell, Ph.D.................................................................45

Animal welfare advocates believe that all animals should live

lives free of suffering; this applies not only to the millions of

animals used for experimentation and those bred in factory

farming but also to companion animals. Companion animals

accompany humans in our daily lives, live in our homes, and in

many cases are part of our families. However, animal hoarders

who keep large numbers of companion animals in drastically

unsanitary conditions pose particular challenges to animal

welfare groups, to public health officials, and to prosecutors

who wish to pursue these most egregious cases of animal abuse.

The consequences for the animals of this bizarre form of cruelty

are disastrous and result in immeasurable suffering. The focus of

this paper will be on an examination of these many challenges.

The paper will begin with an overview of animal hoarding, how

it is defined, and the impact that hoarding has on the animals

kept. The psychological implications of this behaviour will be

examined, followed by the legal challenges prosecutors face

in pursuing animal hoarders in court. The limits of Canadian

criminal law to address animal hoarding will illustrate the

difficulties in charging animal hoarders in this country. Finally,

the paper will focus on the need for a more concerted approach

to this problem by integrating legal, municipal, and public health

services in an attempt to better address the serious consequences

for animals that result from this behaviour.

 

Property Status and The Limited Impact of Welfare

Legislation for Farm Animals

Lee McConnell.....................................................................................63

This article examines the extent to which the categorization of

animals as property impacts the legal protection of farm animals.

As will be demonstrated, the welfare provisions currently

in place fail to address the main sources of animal suffering,

often serving to entrench established practices, limited as they

are by property status, and as such, by economic imperatives.

Illustrative examples will be drawn primarily from the English

legal system and the parameters established by the Animal

Welfare Act 2006, with parallels to the United States and New

Zealand drawn in comparative analysis. The aim is to highlight

recurring issues concerning customary husbandry practices and

the economic motivations that stem from property status, which

may serve to expedite or impede effective legislative protection

across these jurisdictions.

 

Of Non-Human Bondage: Great Apes, Blind Eyes,

and Disorderly Company

Jordan Carr Peterson..........................................................................83

Great apes occupy a special place in human society and

imagination. What place, though, should they occupy under

human law? This article examines the current legal environment

for great apes, considering it both comparatively, within the

broader movement for animal liberation, and individually, as a

subset of animal rights that has received special attention because

of great apes’ particular intelligence and biological similarity to

humans. The inadequate level of legal protection afforded great

apes is philosophically arbitrary and morally inexcusable. The

most pragmatic solution is the incremental conferral of a limited

subset of human rights on great apes.

 

Psychological Aspects of Cruelty to Animals:

A Clinicians Perspective

Elizabeth A. Waiess, Psy. D................................................................115

This article addresses psychological aspects of cruelty to

animals. While it is widely known that childhood abuse may

lead to the abuse of animals, the underlying mechanisms

of infant and child development and the role of external

influences is described. Children are not born with the innate

capacity for cruel behavior. In particular, the author focuses

on the early acquisition of social rules of behavior within

the caretaking relationships, which may be supportive of cruelty

toward animals. Using case material from her own work, the

author describes a teenager who experienced no guilt regarding

his cruel behavior and contrasts this with a young adult who

clearly did. The purpose of the article is not to excuse behavior

but to better understand behavior and so to lead to informed

preventative actions.

 

Understanding Blood Sports

Maria A. Iliopoulou & Gene P. Rosenbaum......................................125

In this paper, we explore and discuss theories that explain

why men are attracted to blood sports and more specifically

dogfighting, cockfighting, and bullfighting. We selected three

theories and provided an overview of each theory separately.

These theories address the issue of blood sports in three

different countries, and cultural contexts. Finally, we proceed

with a discussion regarding common conceptual themes that

emerge through these three theories and their significance in

understanding blood sports as a first step in preventing them.

 

NOTES & COMMENTS

 

International Cooperation Concerning The Extinction of Tigers

Caitlin Bratt.......................................................................................141

Over the past century, tiger populations have been decreasing

dramatically. The number of tigers is decreasing due to

poaching for use in traditional Chinese medicines and to show

status. Loss of tiger habitats from human population increases

and development has also harmed tiger populations. Many

countries, especially China, have played a role in endangering

tiger populations. Extinction of an important species, such as

tigers, could negatively affect the biodiversity of the ecosystem.

There is a need for more strict anti-trade and anti-poaching laws

to preserve tiger populations. Most countries that have tiger

populations currently have laws to protect tigers, but these laws

are not always enforced. This paper addresses what animal preservation

organizations have done help protect the tigers and

increase their populations. This paper also gives suggestions as

to what more countries can do to stabilize and even increase

tiger populations.

 

Improving the Welfare of Egg-Laying Hens Through Acknowledgment of Freedoms

Amanda Wright..................................................................................169

This article concerns the welfare of egg-laying hens. The

purpose of this article is to analyze the flaws in the Egg Products

Inspection Act Amendments of 2010, or H.R. 3798. The article

seeks to show that this proposed legislation cannot adequately

protect the hens’ welfare in a system that seeks to exploit these

animals. The article begins by providing a brief history of

factory farming as used in the egg-producing industry. In order

to demonstrate a need for federal regulation, the paper discusses

the consequences of factory farming on the lives of egg-laying

hens and explains how these practices cause suffering.

This article examines and compares the current regulations

protecting egg-laying hens in the European Union and the

United States. The article explains how public support and

an acknowledgment of animal freedoms helped the European

Union implement regulations, despite the egg-producing

industry’s strong influence. Using the European Union as an

example, the paper proposes that the federal government adopt

an acknowledgement of enumerated animal rights or freedoms

and implement it into H.R. 3798. The author explains why an

acknowledgement of enumerated animal rights or freedoms

is necessary and asserts that this addition to H.R. 3798 would

curb the egg-producing industry’s pervasive animal abuse and

influence over egg-production legislation.

 

2012-2013 Case Law Review

Kjirsten Sneed....................................................................................195