Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Horse Laws | Craig M. Smith |
Brief Summary of Horse Laws
|
Topical Introduction | ||
| Horse Racing and Trainer Liability | Cynthia Hodges |
Brief Summary of Trainer Responsibility for Racehorse Breakdowns in New York
|
Topical Introduction | ||
| Horse Slaughter for Human Consumption | Christen Wiser |
Brief Summary of Horse Slaughter for Human Consumption
|
Topical Introduction | ||
| Horton v. State | Horton v. State, 27 So. 468 (Ala. 1900). |
The defendant was charged under the Alabama cruelty to animal statute killing a dog. The trial court found the defendant guilty of cruelly killing the dog. The defendant appealed the descision to the Supreme Court for the determination if the killing of the dog with a rifle was cruel. The Supreme Court found that the killing of a dog without the showing of cruelty to the animal was not a punishable offence under the cruelty to animal statute. The Supreme Court reversed the lower court's descision and remanded it. |
Case | ||
| Horton v. U.S. Dept. of Agriculture | 559 Fed.Appx. 527 (6th Cir. 2014) | Petitioner sold dogs and puppies without an Animal Welfare Act (“AWA”) dealer license. An Administrative Law Judge (“ALJ”) found the Petitioner violated the AWA and issued a cease and desist order to prevent further violations of the Act and ordered Petitioner to pay $14,430 in civil penalties. Both Petitioner and Respondent, the Administrator of the Animal and Plant Health Inspection Service (“APHIS”), appealed the ALJ's decision to a judicial officer (“JO”), acting for the Secretary of the Department of Agriculture, who increased the civil penalties amount from $14,430 to $191,200. Petitioner appealed this decision, alleging that (1) the ALJ and JO erred by failing to determine the willfulness of his actions, and (2) the JO improperly applied the Department's criteria for assessing civil penalties. The 6th Circuit found that since the AWA did not contain a willfulness requirement, the JO's failure to make a willfulness determination was not an abuse of discretion. Further, the 6th Circuit held that the JO's factual findings regarding Petitioner's dog sales were supported by substantial evidence. Lastly, the 6th Circuit held the size of the civil penalty assessed against Petitioner was warranted by law. The court denied the petition for review and affirmed the Secretary's Decision and Order. | Case | ||
| HOT, CROWDED, AND LEGAL: A LOOK AT INDUSTRIAL AGRICULTURE IN THE UNITED STATES AND BRAZIL | David N. Cassuto & Sarah Saville Cassuto & Sarah Saville | 18 Animal L. 185 (2012) | Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price to the U.S. and Brazil of remedying these impacts are high, the costs to humans, animals, and the environment by failing to do so is immeasurable. | Article | |
| Houk v. State | 316 So. 3d 788 (Fla. Dist. Ct. App. 2021) | 2021 WL 1685627 (Fla. Dist. Ct. App. Apr. 29, 2021) | Appellant Crystal Houk challenges her convictions and sentences for animal cruelty and aggravated animal cruelty on several grounds. Appellant contends her dual convictions for those crimes violate double jeopardy because animal cruelty and aggravated animal cruelty are degree variants under section 775.021(4)(b)2. The conviction stems from Houk leaving her dog Gracie May in a car in a Walmart parking lot with the windows closed on a hot, humid day in Florida for over an hour. Apparently, Appellant had pressed a PVC pipe against the accelerator to keep the car accelerating since there was something wrong with the air conditioner. When employees gained entry to her vehicle, they discovered the A/C was actually blowing hot air and the dog was in great distress. Gracie died soon thereafter from heat stroke. A postmortem examination revealed her internal temperature was above 109.9 degrees. Houk was charged with aggravated animal cruelty and animal cruelty, tried by jury, and convicted. She was sentenced to concurrent terms of thirty-six months of probation on Count 1 and twelve months of probation on Count 2, each with a condition that she serve thirty days in jail. On appeal here, this court first found that the offenses of animal cruelty and aggravated animal cruelty satisfy the Blockburger same elements test and do not fall under the identical elements of proof or subsumed-within exceptions. However, as to the degree variant exception, the court agreed with Appellant that the offense of animal cruelty and aggravated animal cruelty are not based on entirely different conduct and a violation of one subsection would also constitute a violation of the other. Additionally, while another statutory section allows the charging of separate offenses for multiple acts or acts against more than one animal, the section does not authorize "the charging of separate offenses or the imposition of multiple punishments when a single act against one animal satisfies both subsections." Accordingly, the court agreed with Appellant and reversed her conviction for animal cruelty (while keeping the higher degree conviction of aggravated cruelty). | Case | |
| Houseman v. Dare | 966 A.2d 24 (N.J. Super. Ct. App. Div. 2009) | 405 N.J.Super. 538 (2009) |
An engaged, live-in couple purchased a dog together and listed both of their names on the American Kennel Club registration. While speaking to his girlfriend about ending the relationship, the boyfriend promised her that she could keep the dog, but failed to fulfill that promise; the court required specific enforcement of that promise. In addition, the court found that dogs possess special subjective value similar to "heirlooms, family treasures, and works of art." |
Case | |
| Housing Authority of the City of New London v. Tarrant | 1997 WL 30320 (Conn. 1997) |
A mother renting housing alleged that her son was "mentally challenged" and required the companionship of a dog pursuant to Section 504 of the Rehabilitation Act. The court rejected the tenant's allegations that her son had a qualifying mental disability, reasoning that the son received high marks in school prior to the commencing of the eviction proceedings. The court held that without evidence of a mental or physical disability, no reasonable accommodation is required. |
Case | ||
| How Can I Report Animal Abuse Shown on Social Media? | Rebecca F. Wisch | Animal Legal & Historical Center | This FAQ discusses the issue of reporting animal cruelty witnessed on a social media website. | Article |
