Results
Title |
Author![]() |
Citation | Summary |
---|---|---|---|
The Cracking Facade of the International Whaling Commission as an Institution of International Law: Norwegian Small-Type Whaling | Brian T. Hodges | 15 J. Envtl. L. & Litig. 295 |
This article discusses the fact that the International Whaling Commission has not expressly recognized the Makah tribe's aboriginal subsistence need, and instead has intentionally left the issue ambiguous. The only viable reason for the IWC to deny the Norwegians a quota under the same exemption is the "aboriginal" requirement. The IWC should clarify the legal ambiguities regarding the right to harvest whales, and it should grant subsistence right to Norwegian coastal fishermen. |
Brief Summary of the Humane Methods of Slaughter Act (HMSA) | Cynthia Hodges | Animal Legal & Historical Center |
This article gives a quick summary of the Humane Methods of Slaughter Act (HMSA). The Act requires that humane methods of slaughtering and handling livestock in connection with slaughter be used. Livestock animals, such as cattle, calves, horses, mules, sheep, swine, and goats, must be rendered insensible to pain before being shackled, hoisted, thrown, cast, or cut. |
Brief Summary of Laws on Assistance Animals | Cynthia F. Hodges | Animal Legal & Historical Center |
State and federal laws prohibit discrimination against disabled people who rely on service animals. Such laws try to protect the rights of disabled people and safeguard their service animals from harm. The penalties for violating these laws include fines, restitution, and imprisonment. |
2010 Significant Animal Law Cases | Cynthia F. Hodges | Animal Legal & Historical Center |
This table provides a summary of the significant animal law cases (state and federal) from 2010. The cases are listed alphabetically by case name. |
Brief Summary of State Cat Laws | Cynthia F. Hodges | Animal Legal & Historical Center |
Most state cat laws deal with anti-cruelty and health concerns, such as requiring rabies vaccinations. A majority of states address over-population by requiring shelters to sterilize animals they adopt out, but otherwise consider free-roaming and feral cats to be a local issue. Local governments deal with the problems associated with these cats, such as nuisance, trespass, property damage, and destruction of native wildlife. |
Overview of Trainer Responsibility for Racehorse Breakdowns in New York | Cynthia F. Hodges | Animal Legal and Historical Center |
This legal summary contends that trainers should be held criminally liable when racehorses break down under the New York anti-cruelty statute, Agriculture and Markets Law § 353. This section prohibits anyone from unjustifiably overdriving, torturing, injuring, or killing animals. By racing unfit horses, the trainers are not only withholding medical care, but are causing pain and further injury to the horses, which is cruel under the statute. Knowingly racing an unfit horse meets the definition of “cruelty” under § 353, and a guilty trainer should be held to account. |
Brief Summary of the Lacey Act | Cynthia F. Hodges | Animal Legal & Historical Center |
The Lacey Act prohibits international and domestic wildlife trafficking. The Act makes it a separate crime to trade in wildlife, fish, and plants that have been taken in violation of other federal, state, or foreign laws. The Act also prohibits falsifying documents used for wildlife shipments and failing to mark wildlife shipments. Violators are subject to civil and criminal penalties. |
Overview of State Emergency Planning Laws for Animals | Cynthia F. Hodges | Animal Legal & Historical Center |
Since 2005, major changes have been made to federal and state emergency planning laws with respect to animals. State laws require emergency plans to include steps to be taken during a disaster, including evacuation, rescue and recovery, shelters and tracking. |
Trainer Responsibility for Racehorse Breakdowns in New York | Cynthia F. Hodges | The Animal Legal and Historical Center |
Trainers should be held criminally liable when racehorses break down under the New York anti-cruelty statute, Agriculture and Markets Law § 353. This section prohibits anyone from unjustifiably overdriving, torturing, injuring, or killing animals. By racing unfit horses, the trainers are not only withholding medical care, but are causing pain and further injury to the horses, which is cruel under the statute. Knowingly racing an unfit horse meets the definition of “cruelty” under § 353, and a guilty trainer should be held to account. |
Brief Summary of Ordinances for Pet Number Restrictions | Cynthia F. Hodges | Animal Legal & Historical Center |
Some cities and towns have attempted to address pet nuisance issues by limiting the number of pets a person can own. These laws are sometimes challenged by pet owners because the laws impact pet owners’ property rights. However, courts usually uphold the laws if they are rationally related to protecting the public health, safety, and welfare. |