Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| 907 Whitehead Street, Inc. v. Secretary of U.S. Dept. of Agriculture | 701 F.3d 1345 (C.A.11 (Fla.)) | 2012 WL 6061706 (C.A.11 (Fla.)) |
The appellant in this case, the Ernest Hemingway Home and Museum in Key West, Florida ("Museum"), appeals the lower court's determination that it is an animal exhibitor for purposes of the Animal Welfare Act ("AWA"). Appellant contends that while admission is charged for the Museum, it does not exhibit the Hemingway cats to the public for compensation; thus, the cats are not distributed through interstate commerce. The court, however, found that since the AWA itself is ambiguous on the question of whether "distribution" includes the fixed-site commercial display of animals, the USDA's broader interpretation of "distribution" and "exhibitor" are entitled to legal deference. While the court sympathized with the museum's frustrations, it affirmed the district court's findings of law and held that Museum is an AWA animal exhibitor subject to USDA regulation |
Case | |
| A 'HARE' RAISING LAPSE IN MEAT INDUSTRY REGULATION: HOW REGULATORY REFORM WILL PULL THE MEAT RABBIT OUT FROM WELFARE NEGLECT | Taylor Budnick | 21 Animal L. 329 (2015) | 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. | Article | |
| A Brief History of Animal Law, Part II (1985 – 2011) | Joyce Tischler | 5 Stan. J. Animal L. & Pol'y 27 (2012) | 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. | Article | |
| A Call to Action: Concrete Proposals for Reducing Widespread Animal Suffering | Dana M. Campbell | 15 Animal L. 141 (2008) |
This article details the legal work currently being done to prevent animal cruelty as well as suggestions for future goals. |
Article | |
| A Contractarian View of Animal Rights: Insuring Against the Possibility of Being a Non-Human Animal | Julie Hilden | 14 Animal Law 5 (2007) |
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. |
Article | |
| A Cover-Girl Face does not have to Begin with Animal Cruelty: Chapter 476 Gives Legal Force to Alternative Testing Methods | Stacy E. Gillespie | 32 MCGLR 461 (2001) |
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. |
Article | |
| A Dubious Grail: Seeking Tort Law Expansion and Limited Personhood as Stepping Stones Toward Abolishing Animals' Property Status | Richard L. Jr. Cupp | 60 SMU L. Rev. 3 (2007) |
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. |
Article | |
| A Factual Account of Immi's Shooting | Pamela L. Roudebush | Animal Legal & Historical Center |
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. |
Article | |
| A HOUSE ON FIRE: LINKING THE BIOLOGICAL AND LINGUISTIC DIVERSITY CRISES | Kieran Suckling | 6 Animal L. 193 (2000) | 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. | Article | |
| A night monkey in a soiled cage looking out from plastic hideout | Slideshow Images |