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Full-Text Articles in Law
Time To Free The 'Evidence': Animal Cruelty Prosecutions, Pre-Conviction Forfeiture, And Brady Violations, Gary J. Patronek
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
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
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
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
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
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
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
Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman
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
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
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
Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland
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
"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.
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. Breyer
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. Breyer
Animal Law Review
Animals have historically been one of the most vulnerable segments of society to crime due both to their status as property and their inability to aduocate for themselves. While this has long worked to their disadvantage, developments in an area ofjurisprudence where criminal and property law merge now offer an unprecedented possibility. Forfeiture laws have become one of the most powerful and effective tools in the war against crime. The principles and precedents that have emerged from asset forfeiture are aptly suited to application in the animal cruelty context as well. This article discusses asset forfeiture and animal cruelty, offering …
Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood
Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood
Animal Law Review
The idea that there is a connection between the way individuals treat animals and human beings has a long history in Western popular culture, but a shorter history as the subject of scientific research. Recently, a growing body of evidence has confirmed an association between repeated, intentional abuse of animals and a variety of violent antisocial behaviors including child abuse, domestic violence, and violent criminal activities. The public made this connection before most law-enforcement or menial health officials. Public sentiment for tougher and better-enforced animal cruelty laws is strong, and there has been a dramatic response to recent high-profile animal …
Mclibel, David J. Wolfson
Mclibel, David J. Wolfson
Animal Law Review
In 1991, McDonald's sued two pro se defendants in England for defamation in relation to, among other things, allegations that McDonald's was culpably responsible for cruel common farming practices. The case took seven years and the appeals still continue, Though McDonald's spent over $16 million on legal representation and had significant legal advantages, it lost major portions of the case, including the issue of animal cruelty. Mr. Molfson discusses the background and holding of "MeLibel" in relation to cruel common farming practices, its unique legal context, and the impact of the holding on animal law in general and state anti-cruelty …
The Thirsty Cow And And Important Distinction, Priscilla Cohn
The Thirsty Cow And And Important Distinction, Priscilla Cohn
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …
Animal Oppression And The Pragmatist, Lesli Bisgould
Animal Oppression And The Pragmatist, Lesli Bisgould
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …