Animal Law Commons^™

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 …

Not A Living Room Sofa: Changing The Legal Status Of Companion Animals, Susan J. Hankin

Faculty Scholarship

Although the law has traditionally treated non-human animals as property, public attitudes and many of our current laws already are beginning to reflect many ways in which animals, and especially companion animals, are fundamentally different from inanimate property. Despite these trends, the differences between animals and inanimate property need to be more clearly reflected in our laws, because there are still too many cases where the results under current laws are inconsistent with this understanding of companion animals.

This article proposes the legislative creation of a new status that formally recognizes companion animals as a distinct legal category: “companion animal …

The Animal Question: The Key To Coming To Terms With Nature, Jim Mason

Animal Law Review

No abstract provided.

Front Matter

Animal Law Review

Front Matter includes Title Page, masthead, advisors, and Table of Contents for Animal Law Review Vol. 13, Issue 2.

Why "Managing" Biodiversity Will Fail: An Alternative Approach To Sustainable Exploitation For International Law, Kyle Ash

Animal Law Review

The role of humans in mass extinctions necessitates an assessment of the collective human psychology responsible for the degradation of Earth’s life support systems. In this paper, the Author will cite instruments and discourse relevant to international environmental law to illustrate how an antiquated conception of biological hierarchies is condoned whenever other species are mentioned. As reflected in the law, humans do not just believe we are existentially unconnected with the rest of life, but that we have more right to live on the planet. This, ironically, allows us to rationalize activities that destroy the planet, even for ourselves. Nature …

Front Matter

Animal Law Review

Front Matter includes title page, masthead, advisors, and table of contents for Animal Law Review Volume 14, Issue 1.

A Contractarian View Of Animal Rights: Insuring Against The Possibility Of Being A Non-Human Animal, Julie Hilden

Animal Law Review

Contemporary research results regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggest the need for a sweeping re-evaluation of their legal status as mere property. In this essay, the author will contend that the contractarian theory of philosopher John Rawls provides an ideal basis for this re-evaluation. Rawls’ theory holds that the just rules for a given real-world society are those that would rationally be chosen behind an imaginary “veil of ignorance,” where the deciding parties are placed in an “original position” in which they have no idea of their personal qualities or the positions they will …

Animal Testing In Cosmetics: Recent Developments In The European Union And The United States, Laura Donnellan

Animal Law Review

Animal welfare has become a recent issue in the policy of the European Union. Since the creation of the European Economic Community (EEC) in 1957, the welfare of animals was only considered in relation to the proper functioning of the common market. Animals were seen as commodities whose interests were intertwined with agricultural and environmental policy. Over the years, the position has changed somewhat. Although a Treaty basis exists for animal welfare, the protection of animals has not yet been recognized as an important policy area of its own, and thus worthy of legal protection. As a positive step in …

Finding Our Voice: Challenges And Opportunitites For The Animal Law Community, Pamela Frasch

Animal Law Review

No abstract provided.

Animal Experimentation: Lessons From Human Experimentation, Arthur Birmingham Lafrance

Animal Law Review

This article is adapted from the author's presentation during the panel discussion Animals in Research: Pet Cloning, Patents, and Bioethics at the 14th Annual Animal Law Conference of Lewis & Clark Law School on October 14, 2006.

Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to be more reliable, however, casts substantial doubt on the necessity and appropriateness of experimentation on animals. The federal government and medical community, since World War II, has used the Nuremberg Code and the “common rule” to determine how to ethically conduct human experimentation. …

Humane Education, Dissection, And The Law, Marcia Goodman Kramer

Animal Law Review

Students regularly encounter animal dissection in education, yet humane education receives little attention in animal law. This article analyzes the status of humane education laws in the United States. It discusses the range of statutory protections, from student choice laws to bans on vivisection. The article then analyzes the litigation options for students who do not wish to dissect, including constitutional claims and claims arising under student choice laws. The article concludes by calling for additional legislation to protect students who have ethical objections to dissection.

Pets In The Eye Of The Storm: Hurricane Katrina Floods The Courts With Pet Custody Disputes, Megan Mcnabb

Animal Law Review

The story of King Solomon includes the often-told tale of two women, both claiming ownership of one baby, who come before the king’s court in order to resolve their quarrel as to which of them is the true mother. This article recounts a modern-day King Solomon story: the “baby” is the animals left behind during Hurricane Katrina; the two mothers claiming ownership of the “baby” are the original owners of the animals and those who adopted the animals after the hurricane; and the role of King Solomon is played by judges in the custody dispute cases that arose after the …

2006 Legislative Review, Marjorie A. Berger

Animal Law Review

No abstract provided.

2006 Animal-Law Related Articles, Brett Cattani

Animal Law Review

Animal Law is pleased to introduce as a new annual feature a bibliography of animal law-related articles published in law reviews and law journals during the previous year. For ease of reference, each article has been placed into a relevant category and each category provides a non-exhaustive list of potential topic examples. Some articles may appear in more than one category. Although we have made every effort to be as comprehensive as possible and present a complete listing of 2006 articles, this list may not be all-inclusive. We hope this compilation will serve as a useful resource in exploring contemporary …

Subverting Justice: An Indictment Of The Animal Enterprise Terrorism Act, Kim Mccoy

Animal Law Review

The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals. The author notes the AETA targets individuals based solely on their political ideology and can deter these individuals from exercising their right to free speech due to the threat of being permanently branded as a terrorist. It is this infringement on First Amendment rights, coupled with the AETA’s overbreadth and vagueness, that lead the author to conclude the AETA is unconstitutional. The author also notes …

At A Complex Crossroads: Animal Law In Indian Country, Rob Roy Smith

Animal Law Review

Animals play an especially important role in Indian history and culture. The value of animals to the tribes is reflected in every aspect of their culture, from song and dance to land use and treaty terms. Tribes today are still dependent on fish and wildlife for ceremonies and everyday living. The tribes have translated their value for animals into creative ways to protect domestic animals and manage animal populations, including working with state and federal governments to co-manage fish and wildlife populations. This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a …

Bred Meat--The Cultural Foundation Of The Factory Farm, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

This article argues that the ability of large-scale industrial farms to commodify animals in the face of strong countervailing social forces stems in large part from the legal system’s embrace of a secularized but nonetheless deeply religious vision of human ascendancy. Within this belief system, animals comprise beings through whom we define ourselves by contrast and to whom we deny ingress to the legal system. The impulse to increase protections for nonhuman animals is offset by institutionally privileged categories of behavior that commodify nonhumans and strip them of legal defenses. The resulting lattice of laws purports to safeguard animals while …

Mediating Animal Law Matters, Kathy M. Hessler

ExpressO

Animal law matters are slowly making their way through our court system, resulting in some changes in the way we, as a society, view our relationships with non-human animals. Courts are increasingly struggling to reconcile two opposing constructs: the idea that non-human animals are property under the law, and the reality that non-human animals are different from other forms of property. Progress in resolving this tension within the courts is, and will continue to be, slow. The question then arises, what alternative exists?

Mediation is a method increasingly turned to in this country as an alternative to traditional litigation. It …

Legal Standing For Animals And Advocates, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal's interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish standing? In this panel, experts in animal litigation discuss the concept …

To What Extent Does Wealth Maximization Benefit Farmed Animals? A Law And Economics Approach To A Ban On Gestation Crates In Pig Production, Geoffrey C. Evans

Animal Law Review

A law and economics approach in the current animals-as-property realm could be the most efficient way to gain protections for the billions of farmed animals that need them now. The wealth maximization theory allows for this because it recognizes human valuation of nonhuman interests. However, evidence shows that a market failure exists because of the discord between public will and animal industry practices. Where human valuation of nonhuman interests is underrepresented in the market and, therefore, a market fix is needed through legislation, animal advocates should evaluate the legislation’s economic impacts. In the case of a ban on gestation crates, …

Confronting Barriers To The Courtroom For Animal Advocates: Conclusion, David J. Wolfson

Animal Law Review

No abstract provided.

Dog-Focused Law's Impact On Disability Rights: Ontario's Pit Bull Legislation As A Case In Point, Barbara Hanson

Animal Law Review

Legislation that affects dogs also affects persons with disabilities to some extent. This link shows up in statutory definitions, is justified by social construction theory, and has been reified in case law. Thus, it is important to examine statutes like Ontario’s pit bull legislation in terms of their potential impact on persons with disabilities. Upon close examination, it appears that the legislation suffers from vague definitions, conflicting onus of proof, absence of fair process, and severe penalties, including imprisonment. Further, it contains no reference to dogs used by persons with disabilities. This means that there is potential for persons with …

Confronting Barriers To The Courtroom For Animal Advocates: Legal Standing For Animals And Advocates, David Cassuto, Jonathan Lovvorn, Katherine Meyer, Joyce Tischler

Animal Law Review

Panelists: David Cassuto, Jonathan Lovvorn, and Katherine Meyer

Moderator: Joyce Tischler

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal’s interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish …

Confronting Barriers To The Courtroom For Animal Advocates, Delcianna J. Winders

Animal Law Review

On April 14, 2006, the Student Animal Legal Defense Fund of New York University School of Law hosted a symposium on how to overcome some common courtroom barriers faced by animal advocates. Panelists discussed cultural and legal transitions, legal standing for nonhuman animals, and potential causes of action. Symposium participants included prominent attorneys, authors, philosophers, and professors specializing in the field of animal protection law. The following articles have been adapted from transcripts of the symposium.

There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability With A Negligence Standard In Dog Bite Cases, Lynn A. Epstein

Animal Law Review

Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a child’s torts, and property owner liability for injuries caused by his property. The …

Animal Law In Action: The Law, Public Perception, And The Limits Of Animal Rights Theory As A Basis For Legal Reform, Jonathan R. Lovvorn

Animal Law Review

No abstract provided.

Just Say Neigh: A Call For Federal Regulation Of By-Product Disposal By The Equine Industry, Mary W. Craig

Animal Law Review

This article discusses the thousands of foals born each year that are bred for industrial purposes. These foals must then be disposed of as unwanted by-products of the equine industry. PMU mares are bred to collect urine rich with hormones used in the production of a drug to treat menopausal symptoms. Nurse mares are bred to produce milk to feed foals other than their own. If adoptive homes cannot be found quickly, both industries dispose of their equine by-products by slaughtering the foals, and sometimes the mares, for profit or convenience. This paper calls for an amendment to the Animal …

Think Or Be Damned: The Problematic Case Of Higher Cognition In Animals And Legislation For Animal Welfare, Lesley J. Rogers, Gisela Kaplan

Animal Law Review

Recent discoveries of higher cognitive abilities in some species of birds and mammals are bringing about radical changes in our attitudes towards animals and will lead to changes in legislation for the protection of animals. We fully support these developments, but at the same time we recognize that the scientific study of higher cognition in animals has touched on only a small number of vertebrate species. Accordingly, we warn that calls to extend rights, or to at least better welfare protection, for the handful of species that have revealed their intelligence to us may be counterproductive. While this would improve …

Every Dog Can Have Its Day: Extending Liability Beyond The Seller By Defining Pets As "Products" Under Products Liability Theory, Jason Parent

Animal Law Review

Is a pet a “product”? A pet is a product for purposes of products liability law in some states, and, as this article will show, the remaining states should follow suit. Every year, thousands of “domesticated” animals are sold to consumers who are uninformed as to the animals’ propensities or to the proper method of animal care. In some instances, these animals are unreasonably dangerous in that they spread disease to humans or attack, and possibly kill, unwitting victims. Improper breeding and training techniques and negligence in sales have led to horrific injury. This comment will demonstrate how merely considering …

2005-2006 Legislative Review, Sunrise Cox

Animal Law Review

No abstract provided.