Open Access. Powered by Scholars. Published by Universities.®

Animal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in Animal Law

Time To Free The 'Evidence': Animal Cruelty Prosecutions, Pre-Conviction Forfeiture, And Brady Violations, Gary J. Patronek Jan 2024

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 …


Changing Humanity: Fifteen Years Of Progress In Animal Welfare And Protection, Earl Blumenauer Jan 2016

Changing Humanity: Fifteen Years Of Progress In Animal Welfare And Protection, Earl Blumenauer

Animal Law Review

This Introduction outlines policy and societal changes in animal welfare over the last fifteen years. Covering the areas of industrial meat production and the treatment of farm animals, domesticated animals and cruelty, animal testing and laboratory animals, and protection of native species here and around the world, the Introduction documents meaningful policy achievements in each area, as well as accompanying and continuing societal efforts to improve outcomes for animal welfare in the United States and across the world. In addition, the Introduction documents current and future opportunities in the U.S. Congress and in local, national, and international policy to continue …


No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker Jan 2012

No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker

Animal Law Review

As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders’ sentences only if they injure human victims. This Note considers the development of anti-cruelty laws and explores how sentencing guidelines, victim injury points, and other sentence enhancement mechanisms function in U.S. criminal justice systems. It examines how multiple states treat victim injury, focusing particularly on Florida where, in October 2011, a Florida Assistant State Attorney—in what was likely the …


Animal Violence Court: A Therapeutic Jurisprudence-Based Problem-Solving Court For The Adjudication Of Animal Cruelty Cases Involving Juvenile Offenders And Animal Hoarders, Debra L. Muller-Harris Jan 2011

Animal Violence Court: A Therapeutic Jurisprudence-Based Problem-Solving Court For The Adjudication Of Animal Cruelty Cases Involving Juvenile Offenders And Animal Hoarders, Debra L. Muller-Harris

Animal Law Review

Cases involving cruelty to animals are currently handled by the traditional criminal courts. These courts, however, are not effective at punishing animal abusers or protecting animal victims. Although all states have laws criminalizing various forms of animal cruelty, the reality is that most cruelty cases are not prosecuted; even when cruelty cases are successfully prosecuted, punishments are weak. This Comment proposes the creation of an Animal Violence Court, using juvenile animal abusers and adult hoarders as ideal candidates for a pilot animal cruelty justice system. The Animal Violence Court will provide for the ongoing safety and care of animal victims, …


The Connection Between Animal Abuse And Family Violence: A Selected Annotated Bibliography, Sharon L. Nelson Jan 2011

The Connection Between Animal Abuse And Family Violence: A Selected Annotated Bibliography, Sharon L. Nelson

Animal Law Review

This Selected Annotated Bibliography assembles legal and social literature that examines the link between domestic violence and animal abuse. Drawing from an ever-growing body of written works dedicated to the issue, the Bibliography presents the works that are most informative and useful to the legal community. These include case studies, current and proposed legislation, and social services guides that address the occurrence of and response to the animal cruelty-family violence correlation. In doing so, the Bibliography creates a resource that will prove helpful to a variety of legal practitioners, law makers, and professionals within the criminal justice system, and will …


Oceans In The Balance: As The Sharks Go, So Go We, Paula Walker Jan 2010

Oceans In The Balance: As The Sharks Go, So Go We, Paula Walker

Animal Law Review

Shark finning is amongst the most wasteful and cruel exploitation of animals currently practiced in the world today. The decimation of shark populations threatens the fragile balance of the oceans’ ecosystems and ultimately threatens the human population as well. This Article addresses the economic and cultural reasons for the continued practice and demand for shark finning. Many protections for sharks have been attempted, but nearly all fail due to inadequate restrictions and enforcement. Various international treaties and conventions have to some degree addressed the issue, including the Convention on International Trade in Endangered Species and the Convention on Migratory Species, …


A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell Jan 2009

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

Animal Law Review

No abstract provided.


2004 Legislative Review, Joshua D. Hodes Jan 2005

2004 Legislative Review, Joshua D. Hodes

Animal Law Review

No abstract provided.


Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman Jan 2005

Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman

Animal Law Review

Although all states outlaw cruelty to companion animals, most jurisdictions only prohibit causing unnecessary suffering as well as failure to provide food, water, and shelter. They do not address whether owners must obtain veterinary care. Even the few statutes that mention such treatment do not define exactly what kind and how much is required. This article highlights the deficiencies in these laws. It argues that keeping pets creates an obligation to get them medical treatment when they are sick or injured and also explains why such a duty is necessary. In addition, it proposes uniform legislation that creates an explicit …


A Review Of Minding Animals: Awareness, Emotions, And Heart By Dr. Mark Bekoff, Michael Tobias Jan 2003

A Review Of Minding Animals: Awareness, Emotions, And Heart By Dr. Mark Bekoff, Michael Tobias

Animal Law Review

No abstract provided.


Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett Jan 2002

Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett

Animal Law Review

Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.


2001 Legislative Review, Laurie Fulkerson Jan 2002

2001 Legislative Review, Laurie Fulkerson

Animal Law Review

No abstract provided.


Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland Jan 2002

Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland

Animal Law Review

Ms. Ireland explores the methodologies, ethics, and dangers of canned hunting and offers ways to challenge the practice through existing and proposed state and federal statutes. In so doing, Ms. Ireland examines statutory law as it relates to exotic animals, the definition of “animal,” the anti-cruelty exemptions, and husbandry practices. Finally, the feasability of statutory enforcement by agencies is examined.


"Cruelty To Police Dog" Laws Update, Craig Scheiner Jan 2001

"Cruelty To Police Dog" Laws Update, Craig Scheiner

Animal Law Review

Mr. Scheiner updates his article, Statutes with Four Legs to Stand On?: An Examination of "Cruelty to Police Dog" Laws, published in Volume 5 of Animal Law.