Articles

Author Article Namesort descending Summary
Daniel J. Rohlf THE ENDANGERED SPECIES ACT AT FORTY: THE GOOD, THE BAD, AND THE UGLY

This article provides the introduction for Volume 20, Part 2 of the Animal Law Review.

Voiceless Australia Voiceless Animal Law Toolkit - Second Edition In 2009, Voiceless prepared the first edition of The Animal Law Toolkit to introduce students, academics, practitioners, law firms and animal advocates to key issues in animal law. As its name suggests, that Toolkit was intended to provide the tools needed to better protect the billions of animals left with inadequate protections under our current legal framework. This second edition of The Animal Law Toolkit provides an overview of the evolving animal law landscape over the last six years, including a snapshot of emerging animal law issues, summaries of new animal law cases (both in Australia and abroad), as well as new resources and materials for students, teachers and practitioners.
Kate M. Nattrass ". . . und die tiere" Constitutional Protection for Germany's Animals In the summer of 2002, Germany welcomed animals into the folds of constitutional protection. With the addition of the words “and the animals,” Germany became the first country in the European Union (“E.U.”), and the second on the European continent, to guarantee the highest level of federal legal protection to its nonhuman animals. Though a welcomed development in the eyes of most Germans, this groundbreaking event received very little attention on the world stage. Common misconceptions about the ramifications of the constitutional amendment resulted in limited to no accurate representation in worldwide media. Likewise, international policymakers and animal protectionists have shown little awareness of this development and its potential implications. In addition to possible legal effects, the social implications of such an occurrence in a major western country are vast. International leaders will certainly take note as the effects of this change begin to take place in Germany’s laws and, increasingly, in its international policies. More importantly, the global animal protection community should take note of what is possible, and what can be learned from the achievements of Germany’s animal protection community. This study traces the legal and social developments leading to Germany’s constitutional amendment which provides protection to animals, showing how this legal highpoint was achieved. Multiple sources are used, including congressional, judicial, and party doc uments, press releases, international media reports, personal communication with leaders in four major German animal protection organizations, interviews with a key Ministry official, and published materials. This study will also critically assess the claims of the animal protection and opposition communities in order to predict where German animal law is going and what effects this change will have on the treatment of animals both within Germany and internationally. Concluding thoughts will address how the international animal protection community can understand this legal victory in a constructive context.
Craig Scheiner "Cruelty to Police Dogs" Laws Update

Mr. Scheiner updates his article, Statutes with Four Legs to Stand On?: An Examination of "Cruelty to Police Dog" Laws, published in Volume 5 of Animal Law.

Marc Bekoff "DO DOGS APE?" OR "DO APES DOG?" AND DOES IT MATTER? BROADENING AND DEEPENING COGNITIVE ETHOLOGY This article is a brief discussion of some aspects of Marc Bekoff's research that bear on animal sentience and animal protection. First he considers how the comparative study of animal minds informs discussions of animal exploitation, then he discusses how humans interfere, often unknowingly, in the lives of wild animals. It doesn't matter whether "dogs ape" or "apes dog" when taking into account the worlds of different animals.
Angela J. Geiman "It's the Right Thing to Do": Why the Animal Agriculture Industry Should Not Oppose Science-Based Regulations Protecting the Welfare Of Animals Raised for Food The purpose of this commentary is to respond to the question, “Should laws criminalizing animal abuse apply to animals raised for food?” The simple answer to the question is “yes,” but the reality is not simple. It requires analyzing both the science of raising livestock and the current legal framework, which we must understand before discussing what to require and how to implement those requirements. Continued improvements in the livestock and meatpacking industries and the rising expectations of consumers add to the complexity of the issue.
Erin Sheley "Live Animals": Towards Protection for Pets and Livestock in Contracts for Carriage

This article maps the current legal and logistical circumstances of animals in transportation, with a focus on commercial airlines and meat industry trucking practices, and proposes novel ways of utilizing the existing common law of contract adjudication to win stronger protections for such animals, even absent the fulfilled dream of statutory reform. In particular, it argues that courts should utilize two well-established doctrines of contractual interpretation--unconscionability and unenforceability as against public policy--to arrive at more humane results for animals.

William C. Root "Man's Best Friend:" Property or Family Member? An Examination of the Legal Classification of Companion Animals and its Impact

This article examines the historical treatment of companion animals (pets) under the law as property or chattel, despite the degree of importance most Americans place upon their relationship with their pets. In cases of willful or negligent injury or death to these animals, courts have typically awarded market value damages, which, in most cases are nominal. The author proposes that the characterization of animals as mere property should change to reflect societal views, and punitive damages should be assessed by court where injury to the animal is willful, wanton or reckless.

Lorraine L. Fischer "No Animals Were Harmed . . .": Protecting Chimpanzees From Cruelty Behind The Curtain

In this law review, Lorraine L. Fischer hopes to effect change in the way chimpanzees and other exotic animals are perceived in filmed media. Fischer argues that the exploitation of these animals is unacceptable because they (and other great apes) are not only sentient beings, but beings capable of suffering, forming relationships, expressing emotion, mourning death, communicating thoughts, and expressing love. Additionally, Fischer argues that since chimpanzees are a severely endangered species, using them as actors contradicts and offends the strong public policy of conservation and preservation that should be afforded to this precious species. To illustrate how laws fail to protect chimpanzees used in entertainment, this law review examines the Endangered Species Act, the Animal Welfare Act, and various state anti-cruelty laws.

Richard Kirk Eichstaedt "SAVE THE WHALES" V. "SAVE THE MAKAH": THE MAKAH AND THE STRUGGLE FOR NATIVE WHALING In 1997, the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneuvering by all of the concerned parties. Mr. Eichstaedt examines the history of the Makah whaling rights from the Tribe’s treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Americans reasserting a centuries-old custom.
Stephanie J. Engelsman "World Leader" - At What Price? A Look at Lagging American Animal Protection Laws

This paper will begin in showing that the United States has done virtually nothing to ensure that all creatures are free from unnecessary pain and suffering. This paper will then explore what other developed countries have done towards protecting nonhuman animals in the same amount of time. This paper in no way suggests that any of the countries to be discussed have solved the problem of animal exploitation; however it does suggest that many of those countries have at least begun to make a legitimate and concerted effort towards protecting animals from human greed.

Angela Ostrowski (ELEPHANT) DEATH AND TAXES: PROPOSED TAX TREATMENT OF ILLEGAL IVORY African elephants are poached for their ivory at alarming rates. If the current level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime prevention perspective. The current penalties and fines for the illegal trade in ivory are not enough of a deterrent. One method of deterrence that has not yet been explored is the imposition of tax consequences on the illegal ivory trade. This Article proposes a number of ways to use the tax system to further deter participation in the illegal ivory trade. For tax purposes, illegal ivory should be treated similarly to other activities that have both legal and illegal operations, such as marijuana, gambling, and prostitution. Congress could impose an excise tax on ivory and an occupational tax on those who make or sell ivory products. In addition, there are several tax crimes in the Internal Revenue Code that are applicable to those who sell illegal ivory and do not report the income on their tax returns. For example, tax evasion is one of the related criminal activities associated with wildlife trafficking. Tax consequences will hopefully provide a further disincentive to those participating in the illegal ivory trade.
Aaron Lake 1998 STATE BALLOT INITIATIVES This is a review of the ballot initiatives in 1998.
Katharine Keaton and Deborah Maas 1999 STATE AND FEDERAL LEGISLATIVE AND ADMINISTRATIVE ACTIONS This is a review of state and federal legislation in 1999.
Alicia Finigan 2001 Legislative Review

This article provides an overview of 2001 state and federal animal related legislation.

Laurie Fulkerson 2001 Legislative Review

This article presents an overview of 2001 animal-related legislation.

Emilie Keturakis 2002 Legislative Review

This article provides an overview of animal-related legislation from 2002.

Emilie Clermont 2003 Legislative Review

This article provides an overivew of animal-related legislation from 2003.

Joshua D. Hodes 2004 Legislative Review

This article provides an overview of major animal law legislation from 2003 - 2004.

Adam Cefai 2005-2006 Case Law Review

This document provides a tabular listing of the important animal law cases of 2005 and 2006.

Carlos de Paula 2005-2006 Featured Animal Law Case

This case from Brazil considers a habeas corpus proceeding for a chimpanzee kept in a zoo.

Sunrise Cox 2005-2006 Legislative Review

This article provides an overview of state and federal legislation from 2005 - 2006.

Brett Cattani 2006 Animal Law-Related Articles

This document provides a listing of animal-related law review and journal articles from 2006.

Marjorie A. Berger 2006 Legislative Review

This document provides a link to Animal Law's 2006 Legislative Review.

Kathryn Leonard 2006-2007 Case Law Review

This article provides a tabular summary of the major animal law cases of 2006 to 2007.

Blair E. McCrory 2007 Legislative Review

This document provides a link to Animal Law's 2007 Legislative Review.

Jennifer Bunker 2007-2008 Case Law Review

This article provides a summary of cases released in 2007 to 2008 relating to animal law.

Nancy R. Hoffman & Robin C. McGinnis 2007–-2008 Legislative Review

This document provides a link to Animal Law's 2007-2008 Legislative Review.

Rebecca F. Wisch 2008 - 2009 Significant Animal Law Cases

This table provides a summary of the significant animal law cases from 2008 and early 2009. The federal cases are listed first followed by the state cases, which are listed alphabetically by case name.

Jennifer O’Brien & Randall Szabo 2009 LEGISLATIVE REVIEW

This article provides an overview of important legislative changes concerning animal law in 2009.

Jenny Keatinge & Richard Myers 2010 LEGISLATIVE REVIEW

This article gives a summary of important animal-related legislation from 2010.

Cynthia F. Hodges 2010 Significant Animal Law Cases

This table provides a summary of the significant animal law cases (state and federal) from 2010. The cases are listed alphabetically by case name.

Patrick Graves, Keith Mosman, & Shayna Rogers 2011 LEGISLATIVE REVIEW AND ADMINISTRATIVE REVIEW

This article provides an overview of important animal-related legislation from 2011.

Carolyn Greenshields & Kimberly White LaDuca 2012 FEDERAL LEGISLATIVE REVIEW This article discusses important animal-related changes to laws in 2012.
Laura Hagen 2012 STATE LEGISLATIVE REVIEW This article provides a summary of important animal-related changes to laws in 2012.
Angela Ostrowski 2013 FEDERAL LEGISLATIVE REVIEW This article provides a review of significant animal-related federal legislation from 2013.
Cameron Taylor 2013 STATE LEGISLATIVE REVIEW This article provides a review of significant state animal-related legislation from 2013.
Ryan Conklin 2014 Animal and Natural Resource Law Case Review This article highlights significant animal and environmental cases from 2014.
Jessica Brockway 2014 Federal Legislative Review This article provides a review of significant animal-related federal legislation from 2014.
Aaron C. Johnson 2014 State Legislative Review This article provides a review of significant state animal-related legislation from 2014.
Taylor Budnick A 'HARE' RAISING LAPSE IN MEAT INDUSTRY REGULATION: HOW REGULATORY REFORM WILL PULL THE MEAT RABBIT OUT FROM WELFARE NEGLECT Rabbits are most commonly perceived as soft, fuzzy, tender, loving, active household pets. However, rabbit meat is growing in popularity among urban farmers, foodies, and chefs alike. The pet rabbit industry is subject to a variety of laws and regulations intended to ensure the humane and proper treatment of these beloved pets. Yet, 'meat rabbits,' which are often the same breed or species as pet rabbits, are often not covered by either the protections that govern the treatment of animals used for meat or the protections that govern the treatment of rabbits as pets or companion animals. The lack of laws and regulations applicable to the meat rabbit industry has led to widely documented inhumane treatment and animal abuse. Such beloved companions deserve the benefits of increased government oversight of rabbit meat production. This Article proposes that, on the federal level, the United States Department of Agriculture inspection of commercial rabbit producers and processors should be mandatory rather than voluntary. States must also play a central role because, given the nature of the rabbit meat industry, it is especially important that any new standards reach small farms and urban farmers, in addition to commercial producers. This Article proposes that state standards use puppy mill laws as guidance, given rabbits' societal status as companion animals. New laws governing the raising of meat rabbits should establish standards for light and ventilation, requirements for environmental enrichment, limits on breeding, and floor space minimums for cages. Such changes will ensure that the rabbit's more typical role as a companion animal is acknowledged, while providing the necessary protection from abuse and mistreatment when rabbits are raised for meat consumption.
Angie Vega A Brief Explanation of Colombia’s Legal System This document provides an overview of Colombia's legal system and civil law structure.
Joyce Tischler A Brief History of Animal Law, Part II (1985 – 2011) This article traces the growth of the field of animal law from 1985 to the present. It tracks the effort by attorneys and law students in the United States and abroad to institutionalize animal law classes, scholarly conferences, animal law sections in state, local, and regional bar associations, as well as the American Bar Association. It provides a review of efforts to spearhead lawsuits, legislative enactments, initiatives, and other means to gain greater protections for animals. Section II of the article describes the development of an institutional structure in various sectors of the legal community. Section III presents a review of landmark lawsuits and legislation. The article concludes with a summary of the major lessons that have been learned.
Dana M. Campbell A Call to Action: Concrete Proposals for Reducing Widespread Animal Suffering

This article details the legal work currently being done to prevent animal cruelty as well as suggestions for future goals.

Julie Hilden A Contractarian View of Animal Rights: Insuring Against the Possibility of Being a Non-Human Animal

Contemporary research regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggests the need for a sweeping re-evaluation of their legal status as mere property. In this essay, the author will contend that the contractarian theory of philosopher John Rawls provides an ideal basis for this re-evaluation.

Stacy E. Gillespie A Cover-Girl Face does not have to Begin with Animal Cruelty: Chapter 476 Gives Legal Force to Alternative Testing Methods

The article examines animal testing by providing detailed background information on toxicity testing, product injury and consumer safety, and alternative testing. In addition, the article provides information regarding the agencies that oversee animal testing. Finally, the article analyzes federal and state laws that exist to monitor animal testing, specifically focusing on California legislation.

Richard L. Jr. Cupp A Dubious Grail: Seeking Tort Law Expansion and Limited Personhood as Stepping Stones Toward Abolishing Animals' Property Status

Many animal rights legal advocates are seeking more manageable steps that may someday lead to the elimination or modification of property status. This Article critiques such efforts, specifically focusing on two potential stepping stones that may be perceived as particularly desirable for animal rights activists: seeking limited personhood for intelligent species of animals, such as chimpanzees; and the possible expansion of tort law to provide animals standing as plaintiffs whose interests are represented by court-appointed humans. This Article will analyze Steven Wise's work in Rattling the Cage and Drawing the Line, advocating limited personhood for some animal species, and David Favre's proposals in A New Tort, as illustrative of efforts at incremental movement toward animal rights and the abolition or modification of property status for animals.

Pamela L. Roudebush A Factual Account of Immi's Shooting

The following excerpt from an appellate court opinion contains the actual facts that occurred when a 3-year old Rotweiller named Immi was unreasonably shot to death by a police officer.

Kieran Suckling A HOUSE ON FIRE: LINKING THE BIOLOGICAL AND LINGUISTIC DIVERSITY CRISES Mr. Suckling connects the linguistic diversity crisis with the loss of biodiversity and argues that the loss of one necessarily means the loss of another.
Elizabeth R. Springsteen A Proposal to Regulate Farm Animal Confinement in the United States and an Overview of Current and Proposed Laws on the Subject

This article will outline the farm animal confinement laws that have passed, the ones that have been brought in front of various legislatures but not passed, and give examples of the ones pending in front of state legislatures across the country. It will then discuss how animal agriculture can inform the public on these issues so that a regulatory system may be adopted that considers the health and welfare of the animals, but also allows for flexibility due to changing scientific developments and accepted animal husbandry practices.