Results
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| 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 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 |
| The Cracking Facade of the International Whaling Commission as an Institution of International Law: Norwegian Small-Type Whaling | Brian T. Hodges | 15 J. Envtl. L. & Litig. 295 |
This article discusses the fact that the International Whaling Commission has not expressly recognized the Makah tribe's aboriginal subsistence need, and instead has intentionally left the issue ambiguous. The only viable reason for the IWC to deny the Norwegians a quota under the same exemption is the "aboriginal" requirement. The IWC should clarify the legal ambiguities regarding the right to harvest whales, and it should grant subsistence right to Norwegian coastal fishermen. |
Article |
| Animal Industry Interference (Ecoterrorism/Agroterrorism) | Cynthia Hodges |
Brief Summary of Animal Industry Interference ("Ag-Gag") Laws |
Topical Introduction | |
| 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 |
| 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 |
| Lacey Act | Cynthia Hodges |
Brief Summary of the Lacey Act
|
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. |
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. |
Article |
| Brief Summary of Laws on Assistance Animals | Cynthia F. Hodges | Animal Legal & Historical Center |
State and federal laws prohibit discrimination against disabled people who rely on service animals. Such laws try to protect the rights of disabled people and safeguard their service animals from harm. The penalties for violating these laws include fines, restitution, and imprisonment. |
Article |
