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State Spay and Neuter Laws Cynthia Hodges

Brief Summary of State Spay and Neuter Laws
Cynthia Hodges, J.D., LL.M., M.A. (2010)

Topical Introduction
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
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.

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The Canadian Commercial Seal Hunt: In Search Of International Legal Protection For Harp Seals Cynthia F. Hodges Animal Legal & Historical Center

This paper considers several sources of international law as potential candidates to protect harp seals from cruelty and over-exploitation. Part I of this paper discusses the Canadian Marine Mammal Regulations, which are the legal-regulatory structure under which the hunt takes place. Part II describes the range and status of the main species targeted in the commercial seal hunt, namely, the harp seals. Part III reviews several several sources of international law as potential candidates to protect and conserve the targeted harp seals. This paper concludes that the Convention on International Trade in Endangered Species of Wild Fauna and Flora(CITES) is the most likely candidate to protect harp seals from unsustainable trade, and that they should be listed as a protected species under Appendix II.

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Detailed Discussion of the Humane Methods of Slaughter Act Cynthia F. Hodges Animal Legal & Historical Center

The Humane Methods of Slaughter Act (HMSA) is federal legislation that requires that only humane methods of slaughtering and handling livestock in connection with slaughtering be used. Before being shackled, hoisted, thrown, cast, or cut, livestock animals must be rendered insensible to pain by being gassed, electrocuted, or shot in the head with a firearm or captive bolt stunner. HMSA does not apply to birds or animals killed in ritual slaughter, and lacks a general enforcement provision.

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Table of Humane Society Enforcement Powers Cynthia F. Hodges Animal Legal & Historical Center

This table outlines the powers granted to agents of humane societies in some states to enforce anti-cruelty statutes. Such powers include serving search warrants, seizing animals, and arresting offenders. Some states require that humane officers complete training and instruction related to investigating animal cruelty.

Topic Table
Animal Industry Interference (Ecoterrorism/Agroterrorism) Cynthia Hodges

Brief Summary of Animal Industry Interference ("Ag-Gag") Laws
Cynthia Hodges (2011)

Topical Introduction
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.

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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.

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Lacey Act Cynthia Hodges

Brief Summary of the Lacey Act
Cynthia Hodges, J.D., LL.M., M.A. (2010)

Topical Introduction

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