Law Commons^™

Speaking For The Modern Prometheus: The Significance Of Animal Suffering To The Abolition Movement, Elizabeth L. Decoux

Animal Law Review

There is a great divide in animal advocacy between Abolition and Welfare. Abolitionists seek to end the property status of animals. Welfarists, while acquiescing in the categorization of animals as property, seek to improve the conditions in which those animals live and die. Abolitionists have worked toward their goal for decades, and Welfarists toward theirs for centuries, but animals continue to suffer and die in ever-increasing numbers. This Article reviews the theories and methods of Abolitionists and Welfarists and suggests one reason that they have failed to relieve animal suffering and death: Welfarists use the right tool in the service …

The Alaskan Wolf War: The Public Trust Doctrine Missing In Action, Edward A. Fitzgerald

Animal Law Review

Wolf killing in Alaska is authorized by the Board of Game (BOG), an agency captured by hunting and trapping interests. The BOG’s wolf killing policies have generally been supported by state legislatures and governors. Alaskan courts have not halted the wolf killing. The courts have viewed wolf killing as an issue of administrative law and deferred to BOG expertise. This article argues that the courts should have invoked Alaska’s public trust doctrine, which prevents the granting of preferences over state natural resources. The courts should have also rigorously examined the BOG’s wolf killing policies and protected the wolf as a …

California Proposition 2: A Watershed Moment For Animal Law, Jonathan R. Lovvorn, Nancy V. Perry

Animal Law Review

This essay explores the legislative and legal campaign to enact California Proposition 2: The Prevention of Farm Animal Cruelty Act, approved by California voters on November 4, 2008. The authors direct the legislation and litigation programs for The Humane Society of the United States, and, along with many other individuals and organizations, were centrally involved in the drafting, campaigning, and litigation efforts in support of the measure.

Ringling Brothers On Trial: Circus Elephants And The Endangered Species Act, Mark Eichelman

Animal Law Review

In February 2009, the case of American Society for the Prevention of Cruelty to Animals, et al. v. Feld Entertainment, Inc. was heard in the United States District Court for the District of Columbia. The plaintiffs, four animal rights organizations and one former elephant handler for Ringling Brothers and Barnum & Bailey Circus, brought a citizen suit against Feld Entertainment, Inc. (FEI), owner of Ringling Brothers, alleging that the Circus’ use of bullhooks and leg tethers on its endangered Asian elephants constituted illegal “takings” under the Endangered Species Act (ESA). FEI argued that the plaintiffs did not have standing to …

Front Matter

Animal Law Review

Front Matter includes title page, masthead, advisors, and Table of Contents for Animal Law Review Volume 15, Issue 2.

A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell

Animal Law Review

No abstract provided.

Using Dogs For Emotional Support Of Testifying Victims Of Crime, Marianne Dellinger

Animal Law Review

Courts and prosecutorial offices around the nation have started using service dogs to support emotionally frail child witnesses who are unwilling to testify but for the calming presence of a dog. Proponents claim that this new type of therapeutic jurisprudence helps bring criminal defendants to justice in cases where the testimony of the complaining witness is crucial to the prosecution’s case. Opponents fear the infringement of the defendants’ rights to a fair trial because of the dogs’ potential to prejudice a jury to come out in favor of the witnesses.

This article analyzes the legal foundations supporting the use of …

Caring For Dolphins, Otters, And Octopuses: Speciesism In The Regulation Of Zoos And Aquariums, Marla K. Conley

Animal Law Review

Current regulations for zoos and aquariums rely heavily on standards established by industry associations, and the government increasingly expects public display facilities to self-monitor. Unfortunately, the industry associations charged with policing zoos and aquariums lack the enforcement authority necessary to ensure that animals kept in these facilities receive adequate attention or resources. This article argues that marine animals kept in public display facilities, such as zoos and aquariums, should benefit from the same level of regulatory protection as their land-bound counterparts. Even though marine animals demonstrate intellectual abilities equivalent or superior to those of land-bound animals, federal regulations allow facilities …

2007-2008 Legislative Review, Nancy R. Hoffman, Robin C. Mcginnis

Animal Law Review

No abstract provided.

Natural Behavior, Jeffrey Moussaieff Masson

Animal Law Review

No abstract provided.

Animals As Vulnerable Subjects: Beyond Interest-Convergence, Hierarchy, And Property, Ani B. Satz

Animal Law Review

This Article presents a new paradigm, premised on the equal protection principle, for the legal regulation of human interactions with domestic animals: Equal Protection of Animals (EPA). EPA combines the insights of vulnerability theorists with the equal protection principle and capability theory to create a mechanism for recognizing the equal claims of human and nonhuman animals to protections against suffering. Under such an approach, domestic animals—like humans—have claims to food, hydration, shelter, bodily integrity (including avoiding pain), companionship, and the ability to exercise and to engage in natural behaviors of movement.

Existing animal welfare and anti-cruelty laws, despite their stated …

Oats, Water, Hay, And Everything Else: The Regulation Of Anabolic Steroids In Thoroughbred Horse Racing, Bradley S. Friedman

Animal Law Review

In May 2008, a horse named Big Brown won the Kentucky Derby, narrowly beating a filly named Eight Belles. Just as Eight Belles crossed the finish line, she collapsed and was put to her death in front of millions of viewers as a result of her two broken legs. As the world tried to make sense of the tragedy, the prominent trainer of Big Brown casually announced that he administered anabolic steroids before the race to enhance Big Brown’s performance and that he would continue to give steroids before every other race for the same reason. Thus, the issue of …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 16, Issue 1, 2009.

Son Of Sam And Dog Of Sam: Regulating Depictions Of Animal Cruelty Through The Use Of Criminal Anti-Profit Statutes, Emma Ricaurte

Animal Law Review

In 1991, Congress enacted 18 U.S.C. § 48, which prohibits the interstate sale and distribution of depictions of animal cruelty, in response to the proliferation of animal “crush videos” on the Internet. In 2008, the Third Circuit, in United States v. Stevens, a case involving dog fighting, held that the law was an unconstitutional restriction on free speech. In April of 2009, the Supreme Court of the United States granted certiorari. Discussions about the regulation of depictions of animal cruelty have largely focused on whether the child pornography or obscenity exceptions to the First Amendment should be extended to include …