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Front Matter

Animal Law Review

Front Matter includes Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 30, Issue 2, 2024.

Fda Modernization Act 2.0: The Beginning Of The End For Animal Testing In Drug Development, Julia Williams

Animal Law Review

Historical drug testing protocols utilized animal testing to determine whether drugs were safe and effective for use in humans. However, recognizing that testing drugs on other species is potentially dangerous for humans, troubled by failures, unnecessarily expensive, and time consuming, the FDA Modernization Act 2.0, passed in December 2022, removed animal testing as a requirement for new drug applications. While this was an important step forward, a notable failure of that Act is that it did not go far enough to end animal testing. Accordingly, this Article proposes an FDA Modernization Act 3.0.

The FDA Modernization Act 3.0 would ensure …

Animal Sentience Should Be The Key For Future Legislation, Margaret Landi, Lida Anestidou

Animal Law Review

This Article posits that changes in U.S. laws and policies regarding animal experimentation depend on the recognition of animal sentience. Sentience—distinct from cognition and self-awareness—is the ability of an animal to experience pain, pleasure, and other emotions. First, this Article reviews the reasons animals are still used in biomedical research and the relevant characteristics of U.S. law. This is followed by a discussion of sentience and the concepts of cognition and self-awareness, and a discourse on societal interests. The Article concludes with an analysis of six bioethical principles considered central to the future of animal experimentation. Overall, conferring sentience would …

Saving Species Or Sacrificing Science?: Navigating The Legal Labyrinth Of Research And Conservation Through The Case Of The Long-Tailed Macaque, Maliat Chowdhury

Animal Law Review

For decades, long-tailed macaques have served an instrumental role in advancing biomedical research. However, due to the recent primate shortage in U.S. laboratories, these macaques have become coveted targets for poachers. In 2022, the International Union for Conservation of Nature (IUCN) elevated the long-tailed macaque’s threat level from “Vulnerable” to “Endangered,” citing research-related capture as a critical factor contributing to their decline. Under this new status, long-tailed macaques are at risk of being categorized under Appendix I of CITES, a designation that will subject them to stricter trade regulations. Alarmed by the potential obstacles this reclassification may pose to scientific …

Neither Covered Nor Excluded: Impacts Of Speciesism On Aquatic Animal Experimentation Under The Animal Welfare Act, Sophia Pastorini

Animal Law Review

Despite significant scientific evidence affirming their capacity for pain and pleasure, aquatic animals in laboratory settings receive limited federal protection. The Animal Welfare Act leaves aquatic animals entirely adrift; they are neither included in the list of protected animals nor explicitly excluded. They inhabit a realm so marginalized that they are not even mentioned in the Act. The urgency of safeguarding aquatic animal welfare is a matter of moral imperative, scientific integrity, and justice. By employing a multifaceted approach that combines ethical considerations and legal frameworks, this Article seeks to catalyze change in the treatment of aquatic animals in research …

Alchemizing The Bar: An Examination Of Global Ethical Considerations For Using Alternatives To Animals In Research, Testing, And Education, Lenore M. Montanaro

Animal Law Review

Countries regulate scientific research in various ways. Such structures are the result of input from scientists, attorneys, physicians, advocates, and others. These schemes may also derive from outcomes of the research itself. Some countries do not incorporate or require the ethical use of an animal—or an alternative to the use of an animal—to be considered. Others do incorporate, and even require, the ethical use of animals in research. In alignment with The Three Rs—replacement, reduction, and refinement of animals used in science—technological capabilities now allow scientists to increasingly use alternatives, such as microphysiological systems, rather than animal models. This Article …

The 3rs And Non-Human Animals In Biomedical Research: The Next 65 Years, Paul Locke, Richelle Romanchik, Breanne Kincaid, Emily Golden

Animal Law Review

It has been 65 years since the publication of Russell and Burch’s “The Principles of Humane Experimental Technique,” which established the ‘3Rs’—refinement, reduction, and replacement—as the key principles applicable to decision making about, and the use of, non-human animals in laboratory settings. The 3Rs are universally accepted by responsible scientists throughout the world and form the basis for many national legal and regulatory systems governing animal use in laboratories. This Article will discuss broadly how the 3Rs have evolved over the past seven decades since the publication of Russell and Burch’s seminal work, and examine the 3Rs in light of …

De-Myth-Ifying Laboratory Animal Law: The Truth Behind Four Commonly Misunderstood Facts In Laboratory Animal Welfare Law, Rebecca Critser

Animal Law Review

The subspeciality of laboratory animal law presents unique difficulties because it requires familiarity with two highly specialized fields: law and science. Consequently, it is not surprising that some aspects of laboratory animal law have been misunderstood. This Article highlights four such misunderstandings surrounding laboratory animal law and provides an explanation of the truth behind each myth. The myths discussed include: (1) the AWA is the only federal law applicable to laboratory animals; (2) states are preempted from regulating the laboratory animal space; (3) birds, rats, and mice are not covered under federal law; and (4) the 3Rs are explicitly required …

Environmental Enrichment For Farmed Animals, Alexandra Schauer

Animal Law Review

Environmental enrichment standards are set in many animal welfare laws, but such protections are generally withheld from farmed animals. Instead, farmed animals are subject to substandard enclosures that are under-stimulating and inappropriate for their species-specific behavioral needs. Scientific studies have shown that the inclusion of environmental enrichment in an animal’s enclosure balances their production of stress hormones, which has beneficial implications for the overall health and wellbeing of the animal. Establishing enclosure standards for farmed animals that include provisions relating to environmental enrichment would improve farmed animal well-being and, subsequently, the health of the humans who consume products deriving from …

Striking A Balance: Why Federal And State Laws Should Be Revised To Effectively Deter Puppy Mills, Kaitlyn Cameron

Animal Law Review

The Animal Welfare Act (AWA) was passed in 1966 with the purpose of ensuring the humane care and treatment of animals. The AWA delegates licensing responsibilities to the United States Department of Agriculture (USDA) and the Animal Plant and Health Inspection Services (APHIS), who have the authority to investigate violations of the AWA and penalize relevant organizations, such as puppy mills, when necessary. Unfortunately, the AWA sets forth minimum standards for the humane care and treatment of these animals and the USDA has exercised its own discretion in penalizing violations of the AWA. The AWA establishes standards for compliance, but …

Time To Free The 'Evidence': Animal Cruelty Prosecutions, Pre-Conviction Forfeiture, And Brady Violations, Gary J. Patronek

Animal Law Review

This Article presents empirical research to investigate the traditional practice of holding seized animal victims of maltreatment in protective custody until their disposition is resolved pursuant to a criminal proceeding. This is of particular concern because protective custody usually entails confinement in an animal shelter or similar institutional setting. Extended confinement under these circumstances is undesirable–especially when dealing with large numbers of animals–because such confinement causes stress that may inadvertently result in secondary victimization of the animals. Furthermore, institutional confinement poses substantial logistical challenges and imposes substantial economic costs for those tasked with caring for the animals. The impetus for …

Front Matter

Animal Law Review

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A Critical Assessment Of Bill S-203, Ending The Captivity Of Whales And Dolphins Act: Challenging The Exclusivity Of Anthropocentrism And Science-Based Justifications, Rachel De Graaf

Animal Law Review

Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) became Canadian law in 2019, banning the captivity of cetaceans. This Article critically examines Bill S-203, arguing that it is underpinned by anthropocentric and science-based justifications that will work as exclusionary forces against many animals in need of legal protection. Instead, the Article advocates for an empathetic and multi-jural approach that accounts for human-animal interconnectedness and the unique cultures of animals. This argument is theoretically rooted in vegan ecofeminism’s empathic and non-binaristic perspective. As such, this Article scrutinizes the reasoning behind …

Exploited: The Unexpected Victims Of Animal Agriculture, Caitlin Kelly

Animal Law Review

Awareness of how nonhuman animals suffer in animal agriculture has been growing for years. But are they the only victims? Selling the products and parts of hundreds of millions of animals in the United States every year requires someone to manage those animals. It requires someone to kill those animals. And it requires someone to dismember those animals long before they ever reach the neat rows of plastic wrapped packaging at the grocery store. To accomplish this process at an industrial scale means hundreds to thousands of animals are together in barns which reek of their waste and create biohazards …

What Comes After Defund? Lessons From Police And Prison Abolition For The Animal Movement, Michael Swistara

Animal Law Review

As the mass incarceration crisis skyrocketed, the animal protection movement adopted many of the mechanisms of the carceral state. Improving the status of animals was equated with pushing for lengthier sentences for those who caused harm to animals, placing more people into cages for longer periods of time. This disproportionally harmed Black, Indigenous, and People of the Global Majority (BIPGM) communities who are the most heavily policed, surveilled, and imprisoned. Allying with the carceral state has also harmed animals-advocates are labeled terrorists, potential allies are dissuaded from action, and companion animals are killed by officers of the state. This approach …

Fur-Ever Homes After Divorce: The Future Of Pet Custody, Sara Mićković

Animal Law Review

More than ever, Americans are considering their companion animals to be members of their families. However, the majority of states plainly consider companion animals to be personal property under the law in custody disputes. Therefore, when a pet custody dispute emerges in these states' courts, separated couples proceed to divide companion animals the same way they would other material belongings. At the same time, married couples in the United States are divorcing at increasing rates making these types of pet custody disputes an increasing issue in family courts around the country. Despite most states adopting this approach where companion animals …

Piglet Castration And Pain Relief Drugs: Revamping "Safety Drug Approval Requirements To Address "Efficacy" Requirements For Nsaids, Zoë Sigle

Animal Law Review

This Article investigates the U.S. pork industry's routine practice of piglet castration without pain relief and why no nonsteroidal anti-inflammatory drugs (NSAIDs) have received approval from the United States Food and Drug Administration (FDA) for use in piglets to relieve pain associated with surgical castration. Some countries have approved and even require the use of NSAIDs for surgical castration in piglets. However, the U.S. veterinary pharmaceutical community claims to lack validated scientific methodology to quantify pain in piglets, leading to a lack of substantial evidence to demonstrate NSAID effectiveness and thereby barring FDA-approval of NSAIDs for pain relief in piglets …

The (Symbolic) Legislative Recognition Of Animal Sentience, M.B. Rodriguez Ferrere

Animal Law Review

This Article will draw conclusions from the legislative recognition of animal sentience in animal welfare legislation of Oregon, New Zealand and Quebec. A range of jurisdictions have, in recent times, amended their animal welfare legislation to recognize that animals are "sentient." While seemingly a progressive and welcome advance, there are a range of reasons to doubt the actual impact of such amendments. The limited impact of the amendments within animal welfare case law in these jurisdictions appear to confirm these doubts. This Article questions whether such symbolic amendments are benign or have a damaging effect on the attempt to reform …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 28, Issue 1, 2022.

Not For Human Consumption: How To Alleviate The Cruelty Plaguing The Pet Food Industry In The United States, Bailey Frank

Animal Law Review

More than 37 billion dollars of pet food was sold in 2019, a sum that increased to approximately 42 billion dollars in 2020. In fact, forty-two of the fifty states have pet food facilities producing more than 3 million tons of animal-based pet food ingredients. Yet, in the last decade, multiple pet food brands have been found to contain trace amounts of euthanasia ‘death drugs’ and are made from 3D or 4D animals — those that are dead, dying, diseased, or disabled. While this can often cause sickness or death in companion animals, an equally urgent issue is the welfare …

Can Sentience Recognition Protect Animals? Lessons From Québec's Animal Law Reform, Michael Lessard

Animal Law Review

Academic literature needs to provide a better understanding of the legal recognition of animal sentience. This Article aims to help fill out this gap by diving into Que ́bec’s legal recognition of animal sentience in 2015. This Article draws three lessons from Que ́bec law’s recognition of animal sentience and biological needs. First, it argues that legal sentience recognition’s fate is to become more than symbolic and to receive normative force. Second, it contends that considering sentience protection as the sole instrument to prevent animal killing and exploitation is a mistake. This is so because respect for sentience is reduced …

2020 Foreign And International Legislative Review, Brittany Rowe

Animal Law Review

This Legislative Review highlights the animal law related legislative victories 2020 brought about on foreign and international fronts.

2020 Litigation Review, Isaac Conzatti

Animal Law Review

This Litigation Review covers a varied selection of animal law related litigation that occurred in the year 2020. The coronavirus pandemic did not slow down the offenses or injustices committed against animals nor the litigation initiated on behalf of animals. While some animal-centered litigation experienced some setbacks in 2020, others sparked legislative initiatives to further protect the interests of animals. Some recent litigation highlights the need for more advocacy and legislation in order to overcome barriers imposed by lobbyists and other special interest groups. Other sections expose how pro-animal legislation has received challenges from opponents who seek to cripple protections …

Nonhuman Rights Or Protections: A Discussion Of The Functional Difference, If Any, Between Laws Providing Either Biocentric Rights Or Anthropocentric Protections For Nonhumans, Joel W. Glazer

Animal Law Review

This article will review examples of laws and judicial opinions that have granted rights to nonhumans, including the examples listed above, as well as a judicial opinion that grants protections, but not rights, to nonhumans. The analysis of these laws and judicial opinions is meant to answer the question of whether using the enchanted word "rights," as opposed to anthropocentric protections, confers a substantive benefit to nonhumans. Part II forms an analytical framework defining the procedural and substantive aspects of non-human rights. Part III applies that framework to judicial opinions from Argentina and the United States and analyzes whether there …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 27, Issue 1, 2021.

Exploring The Role Of Nonhuman Animal Victims In Federal Environmental Crime Prosecutions, Melissa L. Jarrell, Joshua Ozmy

Animal Law Review

While nonhuman animals in the United States are often victimized directly or as a consequence of environmental crimes, little is known about them or the role their victimization plays in federal environmental crime prosecutions. Through content analysis of 2,588 of the Environmental Protection Agency's criminal prosecutions from 1983-2019, we identified cases where identifiable nonhuman animal victims play a central role in the prosecution. We developed a typology of victims and the consequences of their victimization, and we explored the geography, charging statutes, and penalties. Results suggest that victimization is infrequent, acute, and clusters around toxic discharges and pesticide abuse stemming …

Cetacean Cultural Rights: A Third Generation Of Rights At Sea, David Peña-Guzmán

Animal Law Review

This Article discusses the cultural rights of cetaceans, as articulated in the 2010 Declaration on the Rights of Cetaceans. It argues that these rights qualify as "third-generation rights," meaning groups of cetaceans -- as opposed to individuals -- have the right to the protection of their respective cultures. The Article begins with an account of the history of third-generation rights in international human rights law. It then examines how the concept of third-generation rights can carry over into the animal rights movement. The article proposes three criteria for determining whether a group qualifies for third-generation rights. Then, it demonstrates that …

2020 Domestic Legislative Review, Tara Cooley

Animal Law Review

The 116th Congress, second session, began January 3, 2020, and ended January 3, 2021. While Congress voted on key animal-related legislation, such as the Big Cat Public Safety Act, the COVID-19 pandemic slowed -- or even halted -- proposed legislation at the federal and state levels. Despite the slowdown, local voters proposed and enacted several key initiatives, including the California Ecosystems Protection Act and Orange County, Florida's Right to Clean Water initiative.9 In addition, federally enacted COVID-19-related legislation, such as the Coronavirus Aid, Relief, and Economic Security (CARES) Act, also addressed animalrelated issues. The World Health Organization (WHO) labeled COVID-19 …

A Taxonomy Of Class Actions For Animals In The United States, Tess Vickery

Animal Law Review

Class actions are commonly used to redress mass wrongs against humans— but what about mass wrongs against animals? This Article provides a comprehensive overview of the types of animal-related class actions that have been filed in the United States, predominantly in the field of consumer law, and explores how these actions can be used as a strategic tool to advance protections for animals within the confines of their legal status as property. This Article also highlights the challenges that have been faced by these animal-related class actions in obtaining class certification pursuant to Rule 23 and offers some practical strategies …

A Quantitative Study Of Denver's Breed-Specific Legislation, Sloane M. Hawes, Devrim Ikizler, Katy Loughney, Aurora Temple Barnes Esq., Justin F. Marceau, Philip Tedeschi, Kevin N. Morris

Animal Law Review

In August of 1989, the City and County of Denver, Colorado enacted legislation that prohibits the presence of all ‘pit bull-type dogs’ (PBTDs) within the city limits. In Denver, PBTDs are defined as: American pit bull terrier, American Staffordshire terrier, or Staffordshire bull terrier. In the thirty years the ‘pit bull ban’ has been in place, the City and County of Denver and its animal control agency, Denver Animal Protection, have committed substantial resources to removing PBTDs from the community, including patrolling communities and responding to complaints made by neighbors, conducting thorough breed evaluations of suspected PBTDs, and kenneling PBTDs …