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Animal Law Commons™

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2008

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Articles 31 - 55 of 55

Full-Text Articles in Animal Law

Animal Cruelty Laws And Factory Farming, Joseph Vining Jan 2008

Animal Cruelty Laws And Factory Farming, Joseph Vining

Michigan Law Review First Impressions

“Should laws criminalizing animal abuse apply to animals raised for food?” The answer is yes, and yes especially because farm animals are generally now under the control of business corporations. State and federal criminal law have proved critical in modifying corporate policy and practice in other areas, a current example being worker safety. Criminal liability today would include criminal liability of the corporate entity itself, and would thus also introduce the most effective regulation of individual handling of farm animals—regulation by the corporation, which has methods and resources public agencies cannot match. We have a background public policy of humane …


One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton Jan 2008

One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton

Michigan Law Review First Impressions

The lawsuit pitting the New Jersey Society for the Prevention of Cruelty to Animals against the New Jersey Department of Agriculture brings into sharp focus the issue of animal rights versus animal welfare that has been dividing animal activists, farmers, and society for decades. On one side are proponents of animal rights—a set of rights articulated by humans but granted to animals to govern how we treat them. For many believers this includes the right not to be owned and certainly not to be eaten. On the other side are proponents of animal welfare—also a set of human derived standards …


A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt Jan 2008

A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt

Michigan Law Review First Impressions

“I need the public to understand that my office takes all cases involving animal cruelty very seriously . . . [and i]t doesn’t matter whether the mistreated animal is a beloved family pet or a cow at a slaughterhouse. Unnecessary cruelty will not be tolerated and will be prosecuted to the fullest extent allowed by law.” San Bernardino County District Attorney Michael A. Ramos (February 15, 2008) One morning in January 2008, images of horrific animal cruelty were blasted by Internet, television, and print media throughout the country. The story was all the more shocking in that the animals at …


Outside The Box: Expanding The Scope Of Animal Law, William R. Cook Jan 2008

Outside The Box: Expanding The Scope Of Animal Law, William R. Cook

Animal Law Review

No abstract provided.


Building Our Future, Joyce Tischler Jan 2008

Building Our Future, Joyce Tischler

Animal Law Review

No abstract provided.


Statute Of Anne-Imals: Should Copyright Protect Sentient Non-Human Creators?, Dane E. Johnson Jan 2008

Statute Of Anne-Imals: Should Copyright Protect Sentient Non-Human Creators?, Dane E. Johnson

Animal Law Review

This article explores questions of whether copyright protection can and should extend to works created by captive animals such as gorillas, chimpanzees, and elephants. Commentators have considered similar questions in the artificial intelligence context and generally rejected the notion that computers can create works sufficiently free of human involvement to merit copyright protection. As our understanding of animal intelligence increases, however, the case for reconsideration of copyright’s constitutional and statutory boundaries becomes stronger. This article examines those boundaries and offers a proposal for granting limited copyrights to animals under a theory along the lines of David Favre’s equitable self-ownership concept.


The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans, Rachelle Adam Jan 2008

The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans, Rachelle Adam

Animal Law Review

This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over two thousand five hundred small cetaceans—dolphins, porpoises and small whales—will be killed as a result, out of a total of over twenty thousand killed annually in Japan by direct catch. It is argued that since we have literally pushed them to the brink of extinction, we have an ethical duty towards dolphins, to stop the cruelty perpetrated against them by man and to ensure the survival of their species. And our ethical duty towards them should …


See Spot Eat, See Spot Die: The Pet Food Recall Of 2007, Kate Paulman Jan 2008

See Spot Eat, See Spot Die: The Pet Food Recall Of 2007, Kate Paulman

Animal Law Review

When dogs and cats across the country fell inexplicably ill in March of 2007, their human companions became sick with worry. Veterinarians eventually determined contaminated pet food was the source of these illnesses. Melamine, an industrial chemical used in cookware, furniture, and industrial fertilizers, contaminated wheat gluten manufactured in China and utilized in many pet food brands in the United States and Canada. This contamination led to a recall of more than 200 brands of pet food - the largest in American history. This comment explores the reasons behind the contamination and the ensuing recall. The author identifies inadequate domestic …


Do State Anti-Cruelty Laws Apply To Animals Used In Scientific Research?, William A. Reppy Jr. Jan 2008

Do State Anti-Cruelty Laws Apply To Animals Used In Scientific Research?, William A. Reppy Jr.

Faculty Scholarship

Animals & Bioengineering - A Consideration of Law, Ethics and Science Conference (November 9, 2007)


State Regulation Of Complementary And Alternative Veterinary Therapies: Defining The Practice Of Veterinary Medicine In The 21st Century, Milton C. Toby Jan 2008

State Regulation Of Complementary And Alternative Veterinary Therapies: Defining The Practice Of Veterinary Medicine In The 21st Century, Milton C. Toby

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Reining In The Horse Racing Industry: A Proposal For Federal Regulation Of Steroid Use In Racehorses, Jennifer M. Jabroski Jan 2008

Reining In The Horse Racing Industry: A Proposal For Federal Regulation Of Steroid Use In Racehorses, Jennifer M. Jabroski

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Front Matter Jan 2008

Front Matter

Animal Law Review

Front Matter includes title page, advisors, and table of contents for Animal Law Review Volume 14, Issue 2.


Front Matter Jan 2008

Front Matter

Animal Law Review

Front Matter includes title page, masthead, advisors, and table of contents for Animal Law Review Volume 15, Issue 1.


Two Major Flaws Of The Animal Rights Movement, Geordie Duckler Jan 2008

Two Major Flaws Of The Animal Rights Movement, Geordie Duckler

Animal Law Review

In its current guise, animal rights advocacy imposes few intellectual demands on its proponents, usually requiring little more than a colorful Web site and a college dictionary, the former to construct an audience, and the latter to provide the emotion-laden phrases needed to inflame that audience into supporting stringent penalties for animal-related crimes. Hard thought is not really essential for animal rights advocates to be able to proclaim an end to animal abuse or an allegiance to easing animal suffering, and the standard advocate toolkit simply need not include “rational legal analysis” among the apparatus utilized to rail against mistreatment, …


Fifteen Volumes Of Animal Law, Laura Cadiz Jan 2008

Fifteen Volumes Of Animal Law, Laura Cadiz

Animal Law Review

No abstract provided.


Catching The Unique Rabbit: Why Pets Should Be Reclassified As Inimitable Property Under The Law, Kelly Wilson Jan 2008

Catching The Unique Rabbit: Why Pets Should Be Reclassified As Inimitable Property Under The Law, Kelly Wilson

Cleveland State Law Review

This Note introduces a new approach for resolving the issue of inadequate compensation for pet loss by arguing for the adoption of a new classification of personal property called inimitable property. The new categorization takes into consideration the live, conscious, and unique qualities of pets that distinguish them from other sorts of inanimate property.


Got Organic Milk? "Pasture"-Ize It! An Analysis Of The Usda's Pasture Regulations For Organic Dairy Animals, Fatema Merchant Jan 2008

Got Organic Milk? "Pasture"-Ize It! An Analysis Of The Usda's Pasture Regulations For Organic Dairy Animals, Fatema Merchant

Animal Law Review

Trouble brews, on the other hand, for those advocates who aim farther afield, who demand that animals be granted formal legal rights. Graphics and adjectives alone are vastly insufficient to validate just how that project would operate under the law or how science and logic would support a formal position on animals as “rights-holders.” Unhappily, the animal rights movement, as it takes such aim, has shown that it is weaker, not stronger, for the effort. Separate from its vulnerability to criticism by those politically opposed, a call for legal rights for animals is without justification on the very two pillars …


2007-2008 Legislative Review, Blair Mcrory Jan 2008

2007-2008 Legislative Review, Blair Mcrory

Animal Law Review

No abstract provided.


Dog Meat In Korea: A Socio-Legal Challenge, Rakhyun E. Kim Jan 2008

Dog Meat In Korea: A Socio-Legal Challenge, Rakhyun E. Kim

Animal Law Review

This article explores the dog meat debate in Korea from a socio-legal perspective. It first examines the legal status of dogs and dog meat, and the legal protection for dogs under the old and new legislative frameworks. It then discusses socio-legal challenges to banning dog meat in the Korean context, employing examples of both legal approaches taken by other countries and the politics of dog meat in Korea, specifically. The article argues that the controversy over dog meat must be reframed and dog meat be socially redefined in order to protect dogs, which are currently caught in the conflict over …


Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell Jan 2008

Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell

Animal Law Review

No abstract provided.


Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss Jan 2008

Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss

Animal Law Review

The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff’s Department seized fifty-three pit bulls from Vick’s home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether …


Using Special Masters To Advance The Goals Of Animal Protection Laws, Alexis C. Fox Jan 2008

Using Special Masters To Advance The Goals Of Animal Protection Laws, Alexis C. Fox

Animal Law Review

This article suggests that courts should appoint special masters to large-scale animal abuse cases. The work of special masters in two recent high profile cases, Sarah v. PPI and Vick, demonstrate that special masters can help advance the goals of the animal protection movement in three ways. First, special masters can ensure that individual animal victims are cared for once they are rescued from large-scale abuse situations. Second, court orders that appoint special masters to large-scale animal abuse cases insert a best-interest-of-the-animal analysis into formal court proceeding. Finally, court appointed special masters may encourage better enforcement of animal protection laws …


Factory Farms Muck Up Rural America, Susan Poll-Klaessy Jan 2008

Factory Farms Muck Up Rural America, Susan Poll-Klaessy

Public Interest Law Reporter

No abstract provided.


Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss Jan 2008

Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss

Law Faculty Publications

The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff's Department seized fifty-three pit bulls from Vick's home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether …


Human Identity: The Question Presented By Human-Animal Hybridization, Jospeh Vining Jan 2008

Human Identity: The Question Presented By Human-Animal Hybridization, Jospeh Vining

Other Publications

What makes each of us, as individuals, human to one another, or, more generally, what makes an individual creature human? We have not often had to ask the question because of the species line based on reproductive capacity and incapacity, although "degrees of humanness" were explored in the various eugenic programs of the last century. Now the biotechnological possibility of fusing human and other forms of life is presenting the question in a new and serious way. If the traditional biological means of defining species are no longer reliable, what other criteria might determine what is "human" and what is …