Results
Title | Author | Citation | Summary | Type |
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Brief Summary of the Equine Activity Liability Act | Cynthia F. Hodges | Animal Legal & Historical Center |
Many states have enacted EALA, which limits equine professionals’ liability for injury or death to equestrian participants. EALA only limits liability if the injury or death had been due to an inherent risk involved with interacting with horses. EALA does not limit liability if the injury or death had been caused by a non-inherent risk or caused by the equine professional’s own negligence. |
Article |
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. |
Article |
Brief Summary of State Animal Enterprise Interference Laws | Cynthia F. Hodges | Animal Legal & Historical Center |
State animal terrorism laws have been enacted to protect agricultural research and production using animals. 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. |
Article |
The Link: Cruelty to Animals and Violence Towards People | Cynthia Hodges | Animal Legal & Historical Center |
The article explores the connection between cruelty to animals and human violence. In particular, it examines animal abuse perpetrated by adolescents as a predictor of later human violence. |
Article |
Animal Industry Interference (Ecoterrorism/Agroterrorism) | Cynthia Hodges |
Brief Summary of Animal Industry Interference ("Ag-Gag") Laws |
Topical Introduction | |
Brief Overview of Trainer Responsibility for Racehorse Breakdowns in New York | Cynthia F. Hodges | The Animal Legal and Historical Center |
This brief summary presents reasons why 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. |
Article |
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. |
Article |
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. |
Article |
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. |
Article |
Brief Summary of State Spay and Neuter Laws | Cynthia F. Hodges | Animal Legal and Historical Center |
A majority of states have enacted laws requiring releasing agencies to sterilize cats and dogs they adopt out in an effort to reduce the number of unwanted animals. Exceptions to the mandatory sterilization laws are often made for owners and for medically unfit animals. Violations are punishable both civilly and criminally. |
Article |