Articles

Authorsort descending Article Name Summary
TRADE IN AFRICAN ELEPHANT PRODUCTS
Dog-Fighting Raids: A Comparative Analysis of Peripheral Criminal Activity and Seizures The following charts represent available data on several dog-fighting raids that have taken place nationwide in recent years.
Dog-Fighting Database: Criminal Profile of the Urban Dog-Fighter The following data is from an actual database of known and suspected dog-fighters in a smaller urban community. The database, which tracks criminal activity, physical descriptions and locations of suspects and their known affiliates, is actively used by law enforcement.
First national report for the Convention on Biological Diversity - BRAZIL This is Brazil's first national report for the Convention of Biological Diversity. The report explains the balance between the interests of countries, which are sources of, and conserve, biological diversity (Brazil and other tropical countries) and the nations that are principally users of such biodiversity (the industrialised countries, consumers of the products of biodiversity and of genetic resources for their biotechnological development).
LAWS AFFECTING APES IN THE UNITED STATES: WHOSE INTERESTS DO THOSE LAWS PROTECT? This chart details the interests protected by US laws surrounding Great Apes.
US - Chimpanzees - ESA Legal Status Split Chart This split chart details the legal status of chimpanzees based on whether they were born or imported in the US or in foreign countries.
Michael T. Olexa, Katherine Smallwoods, and J.A. Cossey Protecting Equine Rescue From Being Put Out To Pasture: Whether Ranches Dedicated To Abused, Abandoned, And Aging Horses May Qua

This law review argues that the use of property to board, train, and graze abused, abandoned and aging (rescue) horses should fall under the Florida Greenbelt Law’s “agricultural” tax classification. The authors of this law review contend that the use of property for rescue horse ranches is consistent with the purpose of the Greenbelt Law, and the rescue horse ranches provide other benefits to Florida's communities.

Michael Markarianand Jonathan R. Lovvorn Esq. Swan Song? Giving a Voice to Mute Swans in the Chesapeake Bay

This article discusses the decision by the United States District Court to grant an injunction filed by the Fund for Animals to stop the killing of the federally protected mute swan. The authors suggest that more research needs to be conducted with regard to alleged harm the swans cause in the Chesapeake Bay. Moreover, alternatives to culling the population must be explored as this is required by multiple federal laws. Further, the authors suggest that we should not not blame the very species we introduced centuries ago or artificially arrest the natural progression of the various species in an ecosystem, be they native or exotic.

Amy Breyer and Rebecca Wisch Detailed Discussion of New Jersey Great Ape Laws 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.
(various - conference proceedings) Legal Status of Nonhuman Animals

On September 25, 1999, a distinguished group of legal scholars met in New York City at the 5th Annual Conference on Animals and the Law, hosted by the Committee on Legal Issues Pertaining to Animals of the Association of the Bar of the City of New York, to discuss how the law classifies nonhuman animals and whether the current legal framework is in accord with scientific understanding, public attitudes, and fundamental principles of justice. This conference took a monumental step in facilitating discussion about, and furthering the cause of, the legal protection and welfare of nonhuman animals.

Stephanie Abbott Prevention of Cruelty to Animals Act 1979 (NSW): A Summary

This paper is intended to serve as a summary of the main provisions in the Prevention of Cruelty to Animals Act 1979 (POCTAA), which is the primary piece of legislation that aims to protect animals from cruelty in New South Wales, Austrailia. Attempts have been made to offer critical analysis, and suggestions for reform, where possible. This paper is not intended to be an exhaustive summary of the POCTAA. Rather, it is a work in progress.

Robert L. Adair Monkeys and Horses and Ferrets...Oh My! Non-Traditional Service Animals Under the ADA

This article analyzes the major cases involving non-traditional service animals. Part II looks at those species that have been viewed as potentially presenting a danger to their owners or the public, examining the use of non-human primates and snakes. Part III examines cases where people seek to pass their pets off as service animals, discussing miniature horses, ferrets, and the difference between therapy animals versus service animals. Part IV is a discussion of potential conflicts between the federal ADA and state or local laws regarding non-traditional service animals. Finally, Part V concludes that the present regulatory system is adequate and should remain in place.

Rachelle Adam The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans

This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over 2,500 small cetaceans—dolphins, porpoises, and small whales—will be killed as a result of the drive hunt, out of a total of over twenty thousand killed annually in Japan by direct catch. Since humans have literally pushed dolphins to the brink of extinction, humans have an ethical duty to stop the cruelty perpetrated against them and to ensure the survival of their species. This ethical duty should be turned into an international legal duty, with a correlated legal right for dolphins to international protection.

Shadrack Ahrin Complementing Legislation: The Role of Cultural Practices in the Conservation of Wildlife--Examples from Ghana

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

Jesse H. Alderman Crying Wolf: The Unlawful Delisting of Northern Rocky Mountain Gray Wolves from Endangered Species Act Protections

Abstract: Although settlers hunted gray wolves to near extinction more than a century ago, the animal remains one of the most enduring symbols of the West. In 1994, the U.S. Fish & Wildlife Service authorized reintroduction of gray wolves into Idaho, Montana, and Wyoming under recovery provisions of the Endangered Species Act. Fourteen years later, the Service delisted wolves in these states, contending that the reintroduced population met the numeric and distributional criteria established for recovery in 1994. Months after a district judge enjoined the Service's 2008 delisting rule, the Service again delisted gray wolves. This Note asserts that both the 2008 and 2009 delisting rules violate provisions of the Endangered Species Act guaranteeing adequacy of state regulatory mechanisms prior to delisting, and fidelity to the best available scientific data. The Note also contends that the Service unlawfully deployed conservation tools as delisting instruments contrary to congressional intent. Lastly, the Note illuminates administrative defects in the delisting rules, namely the Service's decision to disregard its own requirement of genetic linkage among the entire gray wolf population without providing a reasoned explanation.

Cynthia Allen Brief Summary of the Initiative and Referendum Process

This article gives a quick overview of the initiative and referendum process for states. The general requirements to implement such a ballot proposal as well as the potential concerns are provided.

Alyce Miller and Anuj Shah Invented Cages: The Plight of Wild Animals in Captivity

The rate of private possession of wild animals in the United States has escalated in recent years. Laws at the federal, state, and local levels remain woefully inadequate to the task of addressing the treatment and welfare of the animals themselves and many animals “slip through the cracks,” resulting in abuse, neglect, and often death. This article explores numerous facets of problems inherent in the private possession of exotic animals.

John Ensminger and Frances Breitkopf Evolving Functions of Service and Therapy Animals and the Implications for Public Accommodation Access Rules

This in-depth article presents the various categories of service animals and the functions they perform. It then examines the federal and state laws and regulations that control access to public accommodation and transportation. The authors conclude by suggesting that a uniform system of licensing and tagging would alleviate the confusion presented by current laws.

Wendy Anderson Who Speaks for the Animals?

This article examines the public policy debate over control of stray animal populations, in particular, feral cat colonies. The author, director of a feral cat advocacy group, explains that many of the individuals who act as caretakers for feral cat colonies are caught in a conundrum as to whether they should come "out" as caretakers or remain in secrecy. Much of the current legal policy for animals stems from antiquated animal control laws that do not accurately reflect the attitude of the country toward companion animals.

Robert S. Anderson The Lacey Act: America's Premier Weapon in the Fight Against Unlawful Wildlife Trafficking

Part I of this article discusses the scope of the illegal wildlife trade and the various federal statutes addressing that problem. Part II discusses the legislative history of the Lacey Act and its companion statute, the Black Bass Act, including their ultimate combination into one law in 1981 and the Lacey Act's latest amendments in 1988. Part III discusses the elements necessary to prove a Lacey Act trafficking violation, analyzes judicial interpretations of the Act's statutory language, and considers available sanctions. Part IV discusses issues that may arise in Lacey Act litigation, including specific requirements of the underlying "predicate" law.

Wendy Anderson and Amy Vaniotis Animals v. Animals: A False Choice

This article examines the recent policy trend that pits animal against animal. In particular, the article focuses on the argument that feral cats are a major contributing factor to the demise of many wild bird species. The authors contend that human population growth and encroachment into wildlife habitat is the root cause of species loss, and our attempt to blame an adaptive species like the cat avoids responsibility. Further, the authors suggest that animal lawyers in particular must be aware of this "diversionary tactic" and attempt to refocus the policy debate on the real causes of animal death. (Reprinted with permission.)

William P. Angrick II, Iowa Ombudsman Investigation of Maquoketa's Pit Bull Ban Ordinance and Enforcement When a citizen's dog was considered to be a pit bull mix, she was ordered to remove the animal from the city. She filed a complaint to the Iowa Ombudman.The Iowa Ombudsman investigates complaints against Iowa state and local government agencies.The Iowa Ombudsman can investigate agency action and publish a report of findings and make recommendations. This is one of the publications regarding Maquoketa's Pit Bull Ban Ordinance.
Animal People (Editorial) Compromise & the Universal Declaration on Animal Welfare

This artlicle discusses the history of the Universal Declaration and recent attempts to modify the Declaration.

Lydia S. Antoncic How Troubling Youth Trends and a Call for Character Education are Breathing New Life into Efforts to Educate Our Youth About the Value of All Life

The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. If a society succeeds in this, that society is about to perish. The obligation of anyone who thinks of himself as responsible is to examine society and try to change it and to fight it—at no matter what risk. This is the only hope society has. This is the only way societies change.

Fernando ARAÚJO The Recent Development of Portuguese Law in the Field of Animal Rights

Portugal has had a long and bloody tradition of violence against animals, not the least of which includes Spanish-style bullfighting that has shown itself to be quite resistant to legal, cultural, and social reforms that would respect the right of animals to be free from suffering. While Portugal’s evolution towards respecting animal rights and welfare has been a slow and painful process, Portugal has nevertheless made some remarkable strides towards eradicating the suffering of animals, most notably with the passage of the Law of 1995. Portuguese scholars and activists have been instrumental in forcing the Portuguese government and citizenry to come to terms with the inhumane treatment of animals.

Catherine J. Archibald Biological Overview of the Gray Wolf

The gray wolf is an amazingly adaptable creature that can live in many different habitats. It is a social animal which often forms packs that stick together.

Catherine J. Archibald Overview of the Recovery of the Gray Wolf Under the Endangered Species Act

The gray wolf was almost extinct in the lower 48 states of the United States by the mid 1900s. Thanks to the Endangered Species Act, the gray wolf may be well on its way to recovery. Issues still remain as the wolf's successful repopulation may signal an end to its full protection under federal laws.

Catherine J. Archibald The Recovery of the Gray Wolf Under the Endangered Species Act

The gray wolf was persecuted almost to extinction in the United States. Under the Endangered Species Act, the gray wolf has made a great recovery. Several legal issues are still unresolved however.

Catherine J. Archibald Brief Summary of the Recovery of the Gray Wolf Under the Endangered Species Act

The gray wolf was almost extinct in the lower 48 states of the United States in the middle of the 1900s. Thanks to the help of the Endangered Species Act the gray wolf is well on its way to recovery. This summary discusses the

Addie P. Asay Greyhounds: Racing to Their Deaths

Following the introduction, Part II considers the history of the greyhound and the path that led to greyhound racing. Part III discusses the abuse inflicted on greyhounds, and animals used in their training, that has been prosecuted under anti-cruelty statutes. Part IV considers the institutionalized abuse and mistreatment of greyhounds not punished under anti-cruelty statutes. Part V attempts to discover why anti-cruelty statutes have not protected greyhounds adequately. Part VI counters the argument that, because the racing industry is in economic decline, the market should be left to deal with the problem, while Part VII asserts that the most effective way to protect greyhounds is to abolish greyhound racing through a voter-initiative-and- education campaign, which would focus on the abuses experienced by the greyhounds and the costs--moral, physical, and economic--to society because of greyhound racing.

Kyle Ash Why “Managing” Biodiversity Will Fail: An Alternative Approach To Sustainable Exploitation For International Law

The role of humans in mass extinctions necessitates an assessment of the collective human psychology responsible for the degradation of Earth’s life support systems. In this paper, the Author will cite instruments and discourse relevant to international environmental law to illustrate how an antiquated conception of biological hierarchies is condoned whenever other species are mentioned.

Kyle Ash International Animal Rights: Specieism and Exclusionary Human Dignity

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.

ASPCA ASPCA Annual Reports 1889 & 1904

The ASPCA Published Annual reports with considerable detail about the years events, particular enforcement actions, and reports about cruelty issues.

Lane Azevedo Clayton Overview of Brazil's Legal Structure for Animal Issues

This essay contains an overview of the laws that deal with both wildlife and domestic animals in Brazil.

Matthew Bacon British Game Law

A full explaination of the laws of game for the British. 1800-1850 with notes from US experience.

Jessica Baranko Hear Me Roar: Should Universities Use Live Animals as Mascots

This article will argue that the recent regulation of universities' use of Native American mascots has paved the way for criticism of universities' use of live animals as mascots. Part II will examine the federal law governing the treatment of nonhuman animals, the Animal Welfare Act (AWA), and examples of cases based on the AWA. Part III will examine the state laws and provide examples of state animal anti-cruelty statutes and cases. Part IV will explain why both the AWA and the state anti-cruelty laws apply to universities. Then, Part V will argue why universities should be proactive and create guidelines and restrictions on the use of live, nonhuman animals as mascots in light of animal rights activists protesting the use of nonhuman animals for entertainment, including in circuses, shows, and movies.

Steven J. Bartlett Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks

Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.

Steven J. Bartlett Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks

That animals are legally considered property is by all accounts a huge obstacle to animal rights advocates. The stumbling blocks do not end, or even really begin for that matter, there. Human characteristics such as narcissism and cruelty also play an important role in holding back animal advancements. Professor Bartlett argues that in order to make progress for animal interests, advocates must confront these other, perhaps more fundamental, hurdles straight on.

Alan T Bates Introduction to the Offences of Cruelty to Domestic and Captive Animals

Introduction to the offences of cruelty to domestic and captive animals in England and Wales. These offences are contained in the Protection of Animals Act 1911 and the Abandonment of Animals Act 1960. Similar legislation applies in Scotland.

Alan Bates Overview of the Licensing and Regulation of Pet Shops (U.K.)

This document provides an overview of the UK's Pet Animals Act 1951. The Act establishes a regulatory regime for "pet shops" under which local authorities (district and borough councils) are responsible for inspecting and licensing premises.

Alan Bates Detailed Discussion of the Licensing and Regulation of Pet Shops (U.K.)

Detailed discussion of the Pet Animals Act 1951 which provides for the licensing of pet shops by local authorities, and prohibits the sale of pet animals in public places and from market stalls, and to persons under 12 years of age.

Alan T. Bates Overview of the Offences of Cruelty to Domestic and Captive Animals

Overview of the offences of cruelty to domestic and captive animals in England and Wales. These offences are contained in the Protection of Animals Act 1911 and the Abandonment of Animals Act 1960. Similar legislation applies in Scotland.

Alan Bates Detailed Discussion of the Offences of Cruelty to Domestic and Captive Animals (U.K.)

Detailed discussion of the offences of cruelty to domestic and captive animals. These offences are contained in section 1(1) of the Protection of Animals Act 1911 and section 1 of the Abandonment of Animals Act 1960.

Alan Bates Detailed Legal Discussion of the Licensing and Regulation of Pet Shops

The Pet Animals Act 1951 establishes a regime of regulation of “pet shops” under which pet shops are licensed by local authorities.

Alan Bates Brief Summary: The Licensing and Regulation of Pet Shops (U.K.)

This document provides an overview of the UK's Pet Animals Act of 1951. The Act establishes a regulatory regime for “pet shops” under which local authorities (district and borough councils) are responsible for inspecting and licensing premises.

Anna Baumgras Detailed Discussion of Local Breed-Specific Legislation

This article will provide an overview of BSL ordinances by discussing 1) common breed definitions, 2) patterns in the regulations, and 3) common exceptions to the regulations. The article will also discuss the constitutionality of these ordinances, focusing on how they meet due process requirements.

Brooke J. Bearup Pets: Property and the Paradigm of Protection

This article touches on the evolution of property classifications through history and suggests that the time has arrived for society to re-conceptualize its view on animals as personal property. Re-categorizing animals as equivalent, sentient beings has the potential to affect current search and seizure practices under the Fourth Amendment to the Constitution. This article proposes policy changes that could significantly benefit neglected and abused animals, while still recognizing the fundamental liberty interests of pet owners.

Annie Belanger Canadian Animal Law

This article sets out for the reader how to research the full variety of animal issues for the Canadian legal system, with a focus on Ontario.

Annie Belanger Legal Research Guide for Canadian Animal Law

This article sets out for the reader how to research the full variety of animal issues for the Canadian legal system, with a focus on Ontario.

Kim Eileen Bell Nelson v. State Board of Veterinary Medicine: The Commonwealth Court Carves A Sharper Definition of Veterinary Malpractice

This survey provides a foundation of some basic animal law doctrine, as well as the current state of the law of veterinary malpractice in the United States and, more narrowly, in Pennsylvania. It then examines the Nelson case and how the Commonwealth Court came to its conclusion that rude behavior toward a human client does not constitute malpractice of the animal patient. This survey then renders an evaluation and critique of the Commonwealth Court's decision from the viewpoint of administrative law.