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Articles 1 - 30 of 42
Full-Text Articles in Animal Law
Asset Forfeiture As An Animal Welfare Law: A Case Study On South Carolina's Bond-Or-Forfeit Statute, Morgan Mercer
Asset Forfeiture As An Animal Welfare Law: A Case Study On South Carolina's Bond-Or-Forfeit Statute, Morgan Mercer
Animal Law Review
This Comment examines South Carolina’s 2024 bond-or-forfeit statute (H.B. 3682) as a case study in the growing trend of extending existing legal frameworks to promote animal welfare. Traditionally, asset forfeiture treats animals purely as property subject to seizure. However, by shifting the costs of caring for seized animals from public agencies to the animals’ owners, H.B. 3682 embeds a concern for animal well-being into a framework historically focused on economic and property interests. This Comment argues that bond-or-forfeit statutes are part of a broader trend toward recognizing animals as sentient beings with welfare interests distinct from their owners’ property rights. …
Protecting Our Pups At All Costs: Why Dogfighting Cases Require A Mandatory Restitution Assessment, Ayah Ighneim
Protecting Our Pups At All Costs: Why Dogfighting Cases Require A Mandatory Restitution Assessment, Ayah Ighneim
Cleveland State Law Review
This Note recommends that Congress acknowledge the dangers behind dogfighting by updating the federal mandatory restitution statute to include “animals” within the definition of a “victim” eligible to receive restitution and by updating federal animal-cruelty laws. This recommendation stems from the popularization of dogfighting in the twenty-first century. Specifically, this Note articulates the link between the prevalence of dogfighting in America and the lack of deterrence targeted toward dogfighting in America. This Note then argues that this lack of deterrence is a result of the lack of Congressional guidance within both the federal restitution statute and within federal animal-cruelty laws. …
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 …
Chewing The Welfare Cud: A Digested Analysis Of A Consumer Versus Producer-Defined Standard Of Welfare Practices In Animals Raised For Human Consumption, Caitlin C. Robb
Chewing The Welfare Cud: A Digested Analysis Of A Consumer Versus Producer-Defined Standard Of Welfare Practices In Animals Raised For Human Consumption, Caitlin C. Robb
Journal of Food Law & Policy
Since the eighteenth century, animal well-being remains a concern for American citizens. Yet, underlying this concern is the thought that while humans should not be cruel to animals, animals are still private property subject to human ownership. Therefore, multi-faceted questions of what constitutes “animal welfare” find a place in modern American debate. One such question becomes: should the producer or the consumer define welfare practice standards of animals raised for human consumption?7 This note provides an answer to this question by first analyzing the robust history of animal welfare in the United States, along with the domestic and international impact …
Global Risks Of Intensive Animal Farming And The Wildlife Trade, Deborah Cao
Global Risks Of Intensive Animal Farming And The Wildlife Trade, Deborah Cao
Animal Sentience
This commentary discusses two issues highlighted by Wiebers & Feigin in the context of the current and future global health crisis: the wildlife trade and factory farming. Both are instances of globalized animal cruelty – in China as well as worldwide -- that require global solutions for the well-being of both humans and nonhumans.
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 …
Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto
Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation--agricultural animals--is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries approach agricultural animal welfare differently, they arrive at the same outcome: institutionalized indifference to animal suffering. To remedy the current regulatory structure, this …
Idaho Gag Law Hides Horrors Of Ag Industry, Lauren Carasik
Idaho Gag Law Hides Horrors Of Ag Industry, Lauren Carasik
Media Presence
No abstract provided.
Health And Welfare Preempted: How National Meat Association V. Harris Undermines Federalism, Food Safety, And Animal Protection, Marya Torrez
Journal of Food Law & Policy
In 2008, the Humane Society of the United States (HSUS) released an undercover video filmed at the Hallmark Meat Packing Company and Westland Meat Company (Hallmark/Westland) in Chino, California. "The footage depicted nonambulatory cows being kicked, dragged, electrocuted, jammed with forklifts and sprayed in the nostrils with water to simulate drowning - in an effort to get them to stand up and walk to their slaughter." At least five inspectors from the U.S. Department of Agriculture (USDA) - the federal agency tasked with ensuring that food safety and animal welfare guidelines are followed - were present at the time. The …
United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto
United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
Robert J. Stevens, proprietor of “Dogs of Velvet and Steel,” was indicted for marketing dog-fighting videos in violation of 18 U.S.C. §48, a law criminalizing visual or auditory depictions of animals being “intentionally mutilated, tortured, wounded, or killed” if such conduct violated federal or state law where “the creation, sale, or possession [of such materials]” takes place.” The law aimed principally at makers and distributors of “crush videos” wherein women wearing high heels and depicted from the waist down, grind small animals to death. However, the language of 18 U.S.C. §48 extended to dog-fighting as well. Stevens challenged the law …
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 …
The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes
The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes
LLM Theses
Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on …
Animal Law In Nevada: All Bark And No Bite, Kathleen Wilde
Animal Law In Nevada: All Bark And No Bite, Kathleen Wilde
Nevada Law Journal
No abstract provided.
What Is The Scope Of The Duty To Provide Veterinary Care?, Susan J. Hankin
What Is The Scope Of The Duty To Provide Veterinary Care?, Susan J. Hankin
Faculty Scholarship
State criminal laws prohibiting cruelty to animals -- which includes both abuse and neglect -- have provided the primary means through which our legal system has protected animals. In some states, including Maryland, Virginia, and the District of Columbia, these laws include explicit provisions that require owners to provide their animals with veterinary care. In other jurisdictions, such a duty has been implied from more general anti-cruelty language. None of these laws, however, make clear what level of care is required. They also leave unanswered the question of whether the treatment choices of owners who do seek care for an …
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, …
Note To Athletes, Nfl, And Nba: Dog Fighting Is A Crime, Not A Sport, Phyllis G. Coleman
Note To Athletes, Nfl, And Nba: Dog Fighting Is A Crime, Not A Sport, Phyllis G. Coleman
Faculty Scholarship
Americans were finally forced to face the issue of animal abuse and professional athletes when investigators discovered 66 pit bulls, in addition to dog fighting equipment, at a home owned by "pro football's most electrifying quarterback." Although Michael Vick insisted he did not live in the house, and initially denied knowledge of any such activity on his Virginia property, stories of his involvement continued to swirl around the Atlanta Falcons' franchise player. On July 17, 2007, Vick and three others were indicted by a federal grand jury for competitive dog fighting, procuring and training pit bulls for fighting, and conducting …
The New Jersey Supreme Court Distinguishes The Humane Treatment Of Animals And Routine Husbandry Practices In New Jersey Society For The Prevention Of Cruelty To Animals V. New Jersey Department Of Agriculture, Julie M. Mcgill
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
No Cracks In The Wall: The Standing Barrier And The Need For Restructuring Animal Protection Laws, Kristen Stuber Snyder
No Cracks In The Wall: The Standing Barrier And The Need For Restructuring Animal Protection Laws, Kristen Stuber Snyder
Cleveland State Law Review
American society's perception of animals has come a long way since the country was founded over 200 years ago. However, the court system has been slow to evolve along with these views, and the standing requirement maintains a barrier for those wishing to enforce protection through litigation. While protective legislation currently exists, it does not provide the necessary means of enforcement to accomplish its objectives. Thus, the enactment of new legislation is necessary to ensure animals in this country exist under decent and humane conditions.
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.
Animal Ethics And The Law, Bernard Rollin
Animal Ethics And The Law, Bernard Rollin
Michigan Law Review First Impressions
Everyone reading this Article is doubtless aware of the woeful lack of legal protection for farm animals in the United States. Not only do the laws fail to assure even a minimally decent life for the majority of these animals, they do not provide protection against the most egregious treatment. As both a philosopher who has helped articulate new emerging societal ethics for animals, and as one who has successfully developed laws embodying that ethic—notably the 1985 federal laws protecting laboratory animals—I will stress the direction we need to move in the future to enfranchise farm animals. I have seen …
The Environmental Effects Of Cruelty To Agricultural Animals, Kyle H. Landis-Marinello
The Environmental Effects Of Cruelty To Agricultural Animals, Kyle H. Landis-Marinello
Michigan Law Review First Impressions
Laws criminalizing animal abuse should apply to the agricultural industry. When we exempt the agricultural industry from these laws, factory farms increase production to unnaturally high levels. This increased production causes devastating environmental effects, such as climate change, water shortages, and the loss of topsoil. In light of these effects, the law needs to do much more to regulate the agricultural industry, and the first step should be to criminalize cruelty to agricultural animals. This would force the industry to slow down production to more natural levels that are much less harmful to the environment.
An Argument For The Basic Legal Rights Of Farmed Animals, Steven M. Wise
An Argument For The Basic Legal Rights Of Farmed Animals, Steven M. Wise
Michigan Law Review First Impressions
The most abused beings in the United States are those whom we raise and kill for food. The numbers of dead are staggering. Most are victims of the severe and almost entirely unregulated practices that Americans permit on their factory farms. According to the United States Department of Agriculture’s National Agricultural Statistics Service, in 2007, a total of 10.4 billion land-based animals were killed by the American food industry. These included 9.4 billion broiler chickens, 450 million laying hens, 317 million turkeys, 121 million pigs, 39 million bovines, 28 million ducks, 10 million rabbits, and 4 million sheep and goats—fifty …
Animal Cruelty Laws And Factory Farming, Joseph Vining
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 …
A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt
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 …
The Mystery Of The Individual In Modern Law, Jospeh Vining
The Mystery Of The Individual In Modern Law, Jospeh Vining
Articles
To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals. This was Telford Taylor, beginning the presentation of the "Medical Case" at the Nuremberg Trials. The "Medical Case" was not about genocide or war or the conduct of war. It was about experimentation on human beings, and it was this trial that produced the "Nuremberg Code," the first control of such treatment of human beings by one another, so surprisingly late in the history of modern scientific investigation, midtwentieth century, and so surprisingly absent everywhere before, despite the …
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 …
2004 Legislative Review, Joshua D. Hodes
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.