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Displaying 21 - 30 of 69
Titlesort descending Author Citation Alternate Citation Summary Type
Caging Animal Advocates Political Freedoms: The Unconstitutionality of the Animal and Ecological Terrorism Act Andrew Ireland Moore 11 Animal L. 255 (2005)

The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.

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Detailed Discussion of Ag-gag Laws Alicia Prygoski Animal Legal & Historical Center This paper examines ag-gag laws and how they affect farmed animals, farming employees, industrialized farming operations, and individual rights. It will look at the history of ag-gag laws and how they have changed since becoming more prominent in 2011. It will also explore the constitutionality of these laws and whether the various types hold up to constitutional scrutiny. Article
Detailed Discussion of State Animal "Terrorism"/Animal Enterprise Interference Laws Cynthia F. Hodges Animal Legal & Historical Center

State animal terrorism laws have been enacted to protect agricultural research and production. The laws prohibit acts that obstruct, impede, or disrupt agricultural operations, research, or experimentation conducted at an animal facility. A person who violates a state animal terrorism law may be charged with a misdemeanor or a felony, face a stiff fine and prison term, and may be required to pay restitution. Opponents of such laws argue that they may violate state and federal constitutional rights.

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Detailed Discussion: The Rise of Ecoterrorism Renada R. Rutmanis Animal Legal & Historical Center

This paper examines laws enacted in response to what some politicians see as a trend toward extremism in the name of protecting animals, Congress and several states have passed, or are currently considering passing, legislation setting harsher penalties for those involved in what has now been coined “ecoterrorism” or “agroterrorism.” This paper will examine some of the recently passed laws and legislation and the cases which have interpreted these laws. It will then analyze some of the constitutional issues raised by critics of the new legislation.

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Eco-Terrorism in the Southern Ocean: A Dangerous Byproduct of the Tangled Web of International Whaling Conventions and Treaties Alana Preston 34 Whittier L. Rev. 117 Utilizing a research exception granted under the international moratorium on commercial whaling imposed by the International Whaling Commission, Japanese whalers have been harvesting endangered whales in the Southern Ocean. The anti-whaling activist group, Sea Shepherd Conservation Society, also operates in the Southern Ocean by locating Japanese whaling vessels in order to bring an immediate halt to all whaling activities, often employing violent tactics designed to injure whaling vessels and property. Sea Shepherd operates under an apparent mandate of the United Nations World Charter for Nature allowing individuals to “[i]mplement the applicable international legal provisions for the conservation of nature and the protection of the environment.” The multitude of vague international conventions and treaties governing the Southern Ocean have therefore created a tangled and confusing web of authority where both Japanese whalers and Sea Shepherd have arguable claims of operating under legitimate legal mandates. In this note, Alana Preston argues that individual countries should enforce their domestic laws to prevent the Japanese from whaling, so private entities, like Sea Shepherd, will not. Article
FL - Ecoterrorism - Florida Animal Enterprise Protection Act West's F. S. A. § 828.40 - 43 FL ST § 828.40 - 43 This set of laws comprises the Florida Animal Enterprise Protection Act. Under the Act, a person who intentionally causes physical disruption to the property, personnel, or operations of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property, including animals or records, used by the animal enterprise, and thereby causes economic damage, commits a felony of the third degree. Statute
GA - Ecoterrorism - Article 2. Georgia Farm Animal, Crop, and Research Facilities Protection Act Ga. Code Ann., § 4-11-30 to 35 GA ST § 4-11-30 to 35 This article is known as the Georgia Farm Animal, Crop, and Research Facilities Protection Act. A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of such facility, animal, or property and to disrupt or damage the enterprise conducted at the animal facility. Other prohibited actions also include gaining entry where a person knows entry is forbidden. In the definition of "consent," the act states that the term does not include assent that is induced by force, threat, false pretenses or fraud. It also excludes assent given by a person that the actor knows is not authorized by the owner, or given by a person who the actor knows is unable to make reasonable decisions (e.g., because of youth, intoxication, or mental disease or defect). Violations that involve exercising control over a facility are felonies; those that involve illegal entry or damage less than $500 are misdemeanors. Statute
Gregg and Linda Schumacher, and Gregg Schumacher Furs, LLC dba as Schumacher Furs and Outerwear, Plaintiffs v. City of Portland, In this Opinion, the judge granted the defendants a total of $96,870.85 in attorneys fees. The action stemmed from a lawsuit filed by the Schumachers for $ 6.6 million dollars against the City of Portland and the named defendants seeking damages for alleged illegal protest activities in front of their fur store. The defendants all prevailed on their Motion to Strike. The court observed that awarding of attorney fees is mandatory under Oregon law when a party prevails in an anti-SLAPP (Strategic Lawsuit Against Public Participation) lawsuit. Thus, the issue at hand was the amount of the attorney fees. The court went through the factors under Oregon law in analyzing the reasonableness of the requested attorney fees. When examining each factor, the court determined that the evidence either was in favor of defendants or was neutral. Notably, the court found that the plaintiffs' claims against defendants were not objectively reasonable because the plaintiffs did not produce any evidence that the prevailing defendants did anything illegal. Pleading
Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty 71 A.D.3d 734 (N.Y.A.D. 2 Dept.,2010) 2010 WL 818490 (N.Y.A.D. 2 Dept.); 896 N.Y.S.2d 440

Animal rights protestors appealed the decision of the Supreme Court, Westchester County that permanently enjoined the protestors from engaging in protest activity that constituted a private nuisance (to wit, participating in targeted protest at the home of the plaintiff Mark L. Bibi). This court found that the protestors failed to refute the evidence from the lower court that showed the plaintiffs were entitled to a permanent injunction as a matter of law (including evidence of the appellant's federal conviction conspiracy to violate the Animal Enterprise Protection Act of 1992). While the court did find that the appellant-protestor's incarceration did not render the appeal academic, imposition of the injunction was a reasonable and constitutional restriction on protest activity.

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I Fought the Law: A Review of Terrorists or Freedom Fighters?: Reflections on the Liberation of Animals, Edited By Steven Best & Anthony J. Nocella II Matthew Liebman 1 Journal of Animal Law 151 (2005)

This book review seeks to introduce the major issues raised by the authors of the essays in "Terrorists or Freedom Fighters?" and to commend Best and Nocella for their valuable contribution to the body of animal rights theory and practice.

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