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Articles 1 - 22 of 22

Full-Text Articles in Animal Law

Legislating Components Of A Humane City: The Economic Impacts Of The Austin, Texas "No Kill" Resolution (City Of Austin Resolution 20091105-040), Sloane Hawes, Devrim Ikizler, Katy Loughney, Philip Tedeschi, Kevin Morris Oct 2017

Legislating Components Of A Humane City: The Economic Impacts Of The Austin, Texas "No Kill" Resolution (City Of Austin Resolution 20091105-040), Sloane Hawes, Devrim Ikizler, Katy Loughney, Philip Tedeschi, Kevin Morris

Animal Law and Legislation

This report investigates and measures the economic impacts of the City of Austin Resolution 20091105-040, commonly referred to as the “No Kill” resolution, utilizing standard impact assessment methodology. Resolution 20091105-040 resulted in the implementation of a series of recommendations that included achieving and maintaining a 90% Live Release Rate for all companion animals housed at the City of Austin’s municipal animal shelter.

In addition to exploring the specific economic impacts of Resolution 20091105- 040, this report also outlines, but does not quantify, the potential broader impacts of the Resolution on human, animal, and environmental health. These areas of impact ...


Sensitizing Humans To Fish Sentience, Kelly Levenda Jan 2017

Sensitizing Humans To Fish Sentience, Kelly Levenda

Animal Sentience

Although fish can feel pain and suffer, they are not often protected legally. Jonathan Balcombe’s What a Fish Knows provides a timely and important contribution to the literature on animal cognition and sentience. By explaining their personalities and capabilities, Balcombe brings much needed public attention to fish and advances the principle that they need and deserve protection.


Refining The Precautionary Framework, Jonathan Birch Jan 2017

Refining The Precautionary Framework, Jonathan Birch

Animal Sentience

Most of the commentators so far agree that the precautionary principle can be usefully applied to the question of animal sentience. I consider various ways of refining my proposals in light of the suggestions. I amend BAR to implement C. Brown’s suggestion that the scope of animal welfare law should be extensible by phylogenetic inference from orders in which credible indicators of sentience are found. In response to C. Brown, Mallatt, and Woodruff, I amend ACT to allow that a single credible indicator may sometimes call for urgent further investigation rather than immediate protection. In response to Paez, I ...


Animal Sentience And The Precautionary Principle, Jonathan Birch Jan 2017

Animal Sentience And The Precautionary Principle, Jonathan Birch

Animal Sentience

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof for animal sentience. Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a ...


An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn Feb 2016

An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn

Animal Sentience

Legislation throughout the U.S. recognizes animal sentience and the importance of veterinary reporting to combat the ongoing suffering of these animal victims: All 50 states have felony penalties available for animal cruelty crimes, and veterinary reporting is permitted or required in the majority of states. The remaining minority of U.S. states should take action to require veterinarians to report animal cruelty and render veterinarians immune for good faith reporting.


Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance Jan 2016

Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance

Animal Sentience

Animals, like children and disabled elders, are not only the subjects of abuse, but they are unable to report and protect themselves from it. Veterinarians, like human physicians, are often the ones to become aware of the abuse and the only ones in a position to report it when their human clients are unwilling to do so. This creates a conflict between professional confidentiality to the client and the duty to protect the victim and facilitate prosecution when the law has been broken. I accordingly recommend that veterinarian associations make reporting of abuse mandatory.


Animal Mourning: Précis Of How Animals Grieve (King 2013), Barbara J. King Jan 2016

Animal Mourning: Précis Of How Animals Grieve (King 2013), Barbara J. King

Animal Sentience

Abstract: When an animal dies, that individual’s mate, relatives, or friends may express grief. Changes in the survivor’s patterns of social behavior, eating, sleeping, and/or of expression of affect are the key criteria for defining grief. Based on this understanding of grief, it is not only big-brained mammals like elephants, apes, and cetaceans who can be said to mourn, but also a wide variety of other animals, including domestic companions like cats, dogs, and rabbits; horses and farm animals; and some birds. With keen attention placed on seeking where grief is found to occur and where it ...


Animal Sentience: The Other-Minds Problem, Stevan Harnad Jan 2016

Animal Sentience: The Other-Minds Problem, Stevan Harnad

Animal Sentience

The only feelings we can feel are our own. When it comes to the feelings of others, we can only infer them, based on their behavior — unless they tell us. This is the “other-minds problem.” Within our own species, thanks to language, this problem arises only for states in which people cannot speak (infancy, aphasia, sleep, anaesthesia, coma). Our species also has a uniquely powerful empathic or “mind-reading” capacity: We can (sometimes) perceive from the behavior of others when they are in states like our own. Our inferences have also been systematized and operationalized in biobehavioral science and supplemented by ...


Chimpanzee Personhood: Supporting Scientific Documentation, Jonathan Balcombe Mar 2012

Chimpanzee Personhood: Supporting Scientific Documentation, Jonathan Balcombe

SENTIENCE

The aim of this document is to provide scientific support for granting chimpanzees and bonobos the legal status of persons. The studies summarized here have been selected because they show these species to have levels of awareness, cognition, emotionality and virtue that rivals that of their hominid cousins, Homo sapiens. Chimps, like other great apes, have long-term relationships, grieve the loss of a loved-one, can solve complex puzzles, display a sense of justice, and can learn hundreds of signs and put them together in logical sentences.


Enforcing Wildlife Protection In China, Peter J. Li Jan 2007

Enforcing Wildlife Protection In China, Peter J. Li

ANIMAL WELFARE

Since China enacted the Wildlife Protection Law in 1988, its wildlife has been threatened with the most serious survival crisis. In the prereform era, wildlife was a neglected policy area. Serving the objective of reform, the Wildlife Protection Law upholds the “protection, domestication, and utilization” norm inherited from past policies. It establishes rules for wildlife management and protection. This law provides for penalties against violations. Yet, its ambiguous objectives, limited protection scope, and decentralized responsibilities have made its enforcement difficult. Political factors such as institutional constraints, national obsession with economic growth, shortage of funding, and local protectionism have made the ...


International Animal Law, With A Concentration On Latin America, Asia, And Africa, Neil Trent, Stephanie Edwards, Jennifer Felt, Kelly O'Meara Jan 2005

International Animal Law, With A Concentration On Latin America, Asia, And Africa, Neil Trent, Stephanie Edwards, Jennifer Felt, Kelly O'Meara

SOTA 2005

The status of domestic animal protection laws in Asia, Africa, and Latin America varies, as one might imagine, from country to country. Countries with high per capita incomes are more likely to have a large number of animal protection organizations, whose existence normally leads to the passage of protective legislation.1 The sociopolitical, cultural, and religious backgrounds of each country, as well as previous colonization, also influence whether it has animal protection legislation and whether these laws are enforced. Previous colonization is the case in many former British colonies, which often have very good laws but neither the means nor ...


Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen Jan 2005

Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen

SOTA 2005

As the animal movement has gained more political authority and public acceptance, it needs better ways to assess and follow its progress—or lack thereof—towards its goals. In this era, in which nonprofits and funding agencies are demanding better measures of effectiveness, the animal movement needs to examine how it looks at the progress it is (or is not) making in gaining better legal protection for animals.


The Evolution Of Animal Law Since 1950, Steven M. Wise Jan 2003

The Evolution Of Animal Law Since 1950, Steven M. Wise

SOTA 2003

Over the last half century, the law has assumed an increasingly important place in animal protection even as it has begun to point in the direction of true legal rights for at least some nonhuman animals. In this chapter I briefly discuss five aspects of the law: anti-cruelty statutes; the necessity of obtaining standing to litigate on behalf of the interests of nonhuman animals; evolving protections for great apes; the movement toward legal rights for at least some nonhuman animals; and the state of legal education concerning animal protection.


Do Animal Protection Laws Dupe The Public?, Henry Spira Jan 1995

Do Animal Protection Laws Dupe The Public?, Henry Spira

Farm Animal Campaign

As outlined by Wolfson, laws give the perception of protecting farm animals but, in reality, provide little or no protection. Federal law fails to provide any protection to farm animals on the farm. Moreover, while many state cruelty laws still cover farm animals in theory, they are rarely if ever applied. And most disconcerting is the trend of farm animals being increasingly excluded from the reach of state cruelty laws.


Does Wildlife Have Legal Standing? - The Penguin Case In Patagonia, Pedro Tarak Jan 1983

Does Wildlife Have Legal Standing? - The Penguin Case In Patagonia, Pedro Tarak

LAWS AND LEGISLATION

The Magellan penguin populations in the Patagonian province of Argentina were recently threatened by a proposed joint Japanese-Argentine venture to exploit them on a massive scale. The firm, Hinode Penguin Argentina, wished to begin slaughtering what it termed "excess" penguins, and to process the dead birds into skins for the world market; the carcasses were to be converted to a protein extract for local consumption.

Upon learning about this venture, Argentine conservation groups mobilized their forces quickly- formulating and implementing media campaigns, soliciting scientific opinions from local and worldwide experts, and concocting legal strategies. The legal tactics alone, although initially ...


Some Preliminary Thoughts On Permitting Animals To Sue In Contract And Tort, Henry Cohen Jan 1983

Some Preliminary Thoughts On Permitting Animals To Sue In Contract And Tort, Henry Cohen

LAWS AND LEGISLATION

Animal protection statutes are of course extremely valuable, and they might be made even more so if they were formulated to give private rights of action to their beneficiaries--the animals themselves. But what I would like to explore here is the idea of extending common law rights of action to animals. Admittedly, permitting animals to sue in contract and tort now seems fanciful, but my hope is that this article will provide an initial step toward bringing it about.


The Changing Concept Of Animals As Property, Vincent P. Mccarthy Jan 1982

The Changing Concept Of Animals As Property, Vincent P. Mccarthy

ATTITUDES TOWARD ANIMALS

Enforced and maintained by a legal superstructure that regulated every aspect of a black [slave's] social, political, economic, and religious life, his property status continued until the middle of the nineteenth century when Congress passed the 13th, 14th, and 15th Amendments to the Constitution, which overturned the Dred Scott decision and recognized that a black human being had legally protectible rights.

There are some signs in recent legal decisions that a similar evolution in the status of animals is taking place: judges are beginning to draw distinctions between animals and property.

But can we ever expect that the courts ...


Updating The British Cruelty To Animals Act Of 1876: Can The Center Hold?, Judith E. Hampson Jan 1982

Updating The British Cruelty To Animals Act Of 1876: Can The Center Hold?, Judith E. Hampson

LAWS AND LEGISLATION

Long experience with unsuccessful attempts by British animal welfare groups to promote private members' bills for reform or rep I a cement of the 1876 Cruelty to Animals Act (Viet. C. 77, 1876) has convinced reformists that achieving this kind of change by lobbying Parliament may be impossible. It was for this reason that a small reformist group- spearheaded by the ex-chairman of the Labour Party, Lord Houghton, and an eminent surgeon, the late Lord Platt- was formed and drafted reform proposals in a document widely known as the Houghton/Piatt Memorandum (paper submitted to the Home Secretary, 1976). This ...


The Limits Of Legislation In Achieving Social Change, Theodore S. Meth Jan 1981

The Limits Of Legislation In Achieving Social Change, Theodore S. Meth

LAWS AND LEGISLATION

This paper is about law, not laboratory animals or philosophical ethics. It proceeds from the premise that law is an appropriate, perhaps inevitable, instrument for dealing with ethical issues related to the use of research animals.


The Ministry Of Agriculture's Involvement With Animal Welfare, Roy Moss Jan 1980

The Ministry Of Agriculture's Involvement With Animal Welfare, Roy Moss

AGRIBUSINESS

Keeping livestock healthy is primarily the responsibility of owners. Indeed, if they did not do so they would certainly not make a profit. Advice on the prevention, treatment and possible cure of disease is the responsibility of the veterinary surgeon. Prevention of physical damage to animals and their adoption of abnormal behavior caused by confinement which prevents them from exercising their inherited behavioral patterns is the joint responsibility of the ethologist, the technologist who designs the confinement system and ancillary equipment, the livestock husbandry specialist, the veterinary surgeon and the owner. If society also decides that there is a need ...


History And Development Of Federal Animal Welfare Regulations, Pierre A. Chaloux, Max B. Heppner Jan 1980

History And Development Of Federal Animal Welfare Regulations, Pierre A. Chaloux, Max B. Heppner

LAWS AND LEGISLATION

In recent years, Congress has passed a number of laws that direct various government agencies to safeguard animal welfare. Our own agency has been involved principally in enforcing the Animal Welfare Act and the Horse Protection Act, and therefore we will limit this discussion to these two laws.

The Animal Welfare Act was passed in 1966 and amended in 1970 and 1976. The Act uses a system of licensing and registration to regulate a number of nonfarm businesses and organizations. These groups are required to provide humane care and treatment to regulated animals, which include hamsters, guinea pigs, rabbits, dogs ...


Use Of The Legislative Process In Protecting Animals, Hugh Mcnamee Jan 1966

Use Of The Legislative Process In Protecting Animals, Hugh Mcnamee

LAWS AND LEGISLATION

The statements that I shall make in this address are based upon experience gained by me as a lawyer, and as a member of the Ohio House of Representatives. That experience was applied to the successful pioneer attempt to enact the Ohio Rodeo Law of which I was the author and the pilot. Ohio is the first state in which a law has been passed to prohibit certain cruelty practices prevalent in rodeos and thus virtually eliminate them as a medium of public entertainment.

The origin of legislation is in some comprehension of a condition that needs correction by law ...