Animal Law Review, Volume 6 (2000)
INTRODUCTION
WILDLIFE—OUR MOST VALUABLE PUBLIC RESOURCE
The Honorable Elizabeth Furse
ARTICLES
ENACTING AND ENFORCING FELONY ANIMAL CRUELTY LAWS TO PREVENT VIOLENCE AGAINST HUMANS
by Joseph G. Sauder
Felony animal anti-cruelty laws should be enacted and strictly enforced to protect animals and humans. Studies show that violence in the home, of any type, is self-perpetuating, creating generations of abusers and victims. Children who witness abuse are more likely to abuse animals and eventually humans; even minor acts of animal abuse are signs of a disturbed individual and should be taken seriously. Current animal anti-cruelty laws fail to prevent this violence. This article proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent this cycle of violence.
ANIMAL WELFARE LAW IN CANADA AND EUROPE
Elaine L. Hughes and Christiane Meyer
The idea that animals are entities that deserve protection, irrespective of their utility to man, is firmly grounded in the Enlightenment. The principle that a creature's need for considerate treatment did not depend on the possession of a soul or the ability to reason, but on the capacity to feel pain was formulated and debated at that time. The debate continues today-Canada is in the midst of examining its own ethical, philosophical and legal beliefs about animal welfare and cruelty. This article examines the current state of animal welfare and cruelty laws and recent attempts through federal legislation to modernize the animal welfare provisions of the Canadian Criminal Code. Comparisons are drawn with European animal welfare and cruelty laws, which tend to be more concerned with an animal's welfare than Canadian laws, which tend to be more concerned with the economic interests of humans.
ENVIRONMENTALLY FRIENDLY RANCHING? AN INTERVIEW ON THE HIGH DESERT
Lisa Johnson
The following is an interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef, a cooperative organization that his wife, Connie, helped start in 1986. Doc was on his cell phone while we talked, as he and Connie were on their way to Portland from their High Desert Ranch in Brothers, Oregon to give a talk to an agricultural group. Connie was driving while Doc and I spoke. They have a rule against driving and talking on the phone at the same time. I agreed that was probably a good policy.
FEEDLOTS—RURAL AMERICA'S SEWER
Marilyn Lee Nardo
Ms. Nardo reveals the problems of factory farming in the United States—its impacts on water, air, and animal welfare. Currently, there are no federal standards for the storage, application, or management of animal waste. The author proposes that new regulations and stricter enforcement of the current NPDES program under the Clean Water Act are needed to protect public and environmental health.
LEGAL PROTECTION FOR HORSES: CARE AND STEWARDSHIP OR HYPOCRISY AND NEGLECT?
Lafcadio H. Darling
Horses have a strong connection to America and Americans. They have played a pivotal role in our history, they have been a part of our work and our play, and we cherish them as companion animals. The legal system has made significant steps to protect horses in a number of ways. However, quite ironically, horse protection laws are often ineffective, unenforced, and sometimes non-existent. This article will explore America's relationship with the horse, horse protection laws-their strengths and their failures.
THROWING CAUTION TO THE WIND: THE GLOBAL BEAR PARTS TRADE
Adam M. Roberts and Nancy V. Perry
The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. The current approach of trying to regulate the legal bear parts trade on a state-by-state basis in the United States and on a country-by-country basis globally has failed, and has actually facilitated the illegal trade. It is time to recognize the usefulness, if not the necessity, for national legislation uniformly prohibiting commercialization of bear viscera. In addition, an international moratorium on global trade in bear parts and derivatives is long overdue and much needed.
LEGISLATIVE REVIEW
1999 LEGISLATIVE REVIEW
Katharine Keaton and Deborah Maas
ESSAYS
ANIMAL CUSTODY DISPUTES: A GROWING CRACK IN THE "LEGAL THINGHOOD" OF NONHUMAN ANIMALS
by Barbara Newell
Ms. Newell tracks the changes in case law, local ordinances, and popular attitudes about animals and their mental and emotional lives. People and the law are beginning to view animals as more than simply property, and the author argues the time has come to recognize a legal status for companion animals that reflects these changing social values.
NEW ZEALAND'S ANIMAL WELFARE ACT: WHAT IS ITS VALUE REGARDING NON-HUMAN HOMINIDS?
Paula Brosnahan
This essay offers a brief history of the non-human hominid provisions of New Zealand's Animal Welfare Act. Ms. Brosnahan argues that the background and breadth of New Zealand's protections must be understood before proponents of change employ them as precedent.
A HOUSE ON FIRE: LINKING THE BIOLOGICAL AND LINGUISTIC DIVERSITY CRISES
Kieran Suckling
Mr. Suckling connects the linguistic diversity crisis with the loss of biodiversity and argues that the loss of one necessarily means the loss of another.
COMMENTS
ASSET FORFEITURE AND ANIMAL CRUELTY: MAKING ONE OF THE MOST POWERFUL TOOLS IN THE LAW WORK FOR THE MOST POWERLESS MEMBERS OF SOCIETY
Amy A. Bryer
Ms. Bryer argues the law's current treatment of animals as property might be advantageous under criminal forfeiture provisions. Her comment discusses asset forfeiture and animal cruelty, and offers suggestions on how to combine these two areas of law in an effort to better protect animals from abuse.
GENETIC ENGINEERING OF DOMESTIC ANIMALS: HUMAN PREROGATIVE OR ANIMAL CRUELTY
Michelle K. Albrecht
Selective breeding and genetic engineering of domestic animals represent two of science's most manipulative advancements of the last century. One of the many questions raised by these procedures is whether the suffering produced violates state anti-cruelty laws. California's animal anti-cruelty statute is one of the most comprehensive and progressive in the country. This article examines whether selective breeding and genetic engineering violate California's anti-cruelty statute, highlighting recent California case law interpreting these statutes and outlining the standard to determine when a violation has occurred. Furthermore, the article seeks to articulate policy suggestions to further the protection afforded these animals affected by science.