Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Animal welfare protection laws in the world | Sabine Brels | This is a index of laws around the world relating to animal welfare. | |
| ASSET FORFEITURE AND ANIMAL CRUELTY: MAKING ONE OF THE MOST POWERFUL TOOLS IN THE LAW WORK FOR THE MOST POWERLESS | Amy Breyer | 6 Animal L. 203 (2000) | Animals have historically been one of the most vulnerable segments of society to crime due both to their status as property and their inability to advocate for themselves. While this has long worked to their disadvantage, developments in an area of jurisprudence where criminal and property law merge now offer an unprecedented possibility. Forfeiture laws have become one of the most powerful and effective tools in the war against crime. The principles and precedents that have emerged from asset forfeiture are aptly suited to application in the animal cruelty context as well. This article discusses asset forfeiture and animal cruelty, offering suggestions on how to combine these two areas of law in an effort to better protect animals from abuse. |
| Justice for Dusty: Implementing Mandatory Minimum Sentences for Animal Abusers | Kirsten E. Brimer | 113 Penn St. L. Rev. 649 (Fall 2008) |
This Comment discusses the problem with the current punishments for animal abuse violations and analyzes why states should adopt statutes that require mandatory minimums in animal brutality convictions. Part II focuses on the psychological problems associated with animal cruelty, including the relationship between animal cruelty and violence toward humans. Part III examines the structure of current animal abuse legislation. Part IV concentrates on the advantages of applying mandatory minimum sentences to the anticruelty provisions of animal abuse statutes. |
| Cropping and Docking: A Discussion of the Controversy and the Role of Law in Preventing Unnecessary Cosmetic Surgery on Dogs | Amy L. Broughton | Animal Legal & Historical Center |
This article describes the procedures of tail docking and ear cropping, the history of the procedures, their place in modern veterinary care, and discuss the positions of advocates both for, and against these procedures. Additionally, this article explains the ways in which the law is being used internationally in preventing these unnecessary procedures, and the ways that current and future American anti-cruelty laws can be used to put a stop to this epidemic. |
| STEVENS, R.A.V., AND ANIMAL CRUELTY SPEECH: WHY CONGRESS'S NEW STATUTE REMAINS CONSTITUTIONALLY PROBLEMATIC | J. Alexandra Bruce | 51 Gonz. L. Rev. 481 (2015-2016) | Abstract: The constitutionality of restrictions on speech depicting actual cruelty to animals is a question that continues to divide courts and commentators. In U.S. v. Stevens, the Supreme Court struck down a 1999 ban on depictions of animal cruelty. The Court invalidated the ban on its face because, as written, the statute extended beyond acts of actual animal cruelty to other forms of unlawful animal harm, such as hunting out of season. Thus, the Court did not resolve the core question presented. Congress responded by drafting a new statute, one narrowed to “crush” videos--obscene depictions of animal cruelty--in an effort to avoid constitutional problems. This new statute, however, continues to raise constitutional and public policy concerns--despite its recent upholding in the Fifth Circuit in United States v. Richards. This article is the first to analyze the constitutional and public policy issues presented by Congress's new animal cruelty speech regulation. This article contends that the modified statute is poor public policy and remains constitutionally problematic. First, as a policy matter, the statute is ineffective because it fails to criminalize the most widespread and troubling form of animal cruelty speech: animal fighting videos. Second, the statute's overly narrow reach--limited to obscene depictions of animal cruelty--in fact increases its constitutional problems by triggering the “virulence” doctrine first articulated in R.A.V. Since courts are unlikely to view obscene depictions of animal cruelty as virulently “prurient” obscenity, as opposed to the kind of “morbidly” violent speech entitled to the protections of strict scrutiny as established in Brown, the statute will likely be invalidated. The article concludes with an exploration of possible new legislation, which could effectively prevent animal cruelty, while also preserving free speech rights. |
| Project on American Animal Welfare Legislation (Spain) | Oriol Caudevilla Parellada | Animal Legal & Historical Center |
This paper examines US animal welfare legislation as viewed from a student in Spain. The paper concludes that while the US has some of the most progressive legislation, there are still topics that need to be addressed. |
| PROTECÇÃO DOS ANIMAIS NA CONSTITUIÇÃO DA REPÚBLICA PORTUGUESA | CENTRO DE ÉTICA E DIREITO DOS ANIMAIS | CENTRO DE ÉTICA E DIREITO DOS ANIMAIS |
Considerando a actual Constituição da República Portuguesa, de acordo com a última Revisão Constitucional, feita em 2001, propõe-se a introdução da seguinte disposição na Constituição, devendo a mesma ser incluída na |
| Protecting Cats and Dogs in Order to Protect Humans: Making the Case for a Felony Companion Animal Statute in Mississippi | Deborah J. Challener | 29 Miss. C. L. Rev. 499 (2010) |
This Article proceeds in several parts. Part II discusses the reasons behind the enactment of both early and modern animal cruelty statutes, and part III identifies the common features of modern animal cruelty laws. Part IV details Mississippi's animal cruelty statutes and compares them to typical modern cruelty laws. Part V describes the provisions of Senate Bill No. 2623 in detail and explains why the Mississippi Farm Bureau Federation and others opposed Senate Bill No. 2623. Part VI argues that the objections to Senate Bill No. 2623 were frivolous and makes the case for a felony companion animal statute in Mississippi. Finally, part VII contends that a bill modeled on Senate Bill No. 2623 should be introduced during the 2011 legislative session and passed by the Mississippi legislature. |
| ANIMAL CRUELTY LEGISLATION: THE PASADO LAW AND ITS LEGACY | Steve Ann Chambers | 2 Animal L. 193 (1996) | This article was adapted from remarks from Steve Chambers at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals. |
| Chartered Institute of Environmental Health Guidance on the Interpretation of the Pet Animals Act 1951 | Chartered Institute of Environmental Health | Chartered Institute of Environmental Health |
Guidance to local authorities from the Chartered Institute of Environmental Health on the interpretation of the Pet Animals Act 1951 and, in particular, the legality of temporary pet fairs |