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2016 LEGISLATIVE UPDATES:
Act No. 618 (previously SB 337) - Prohibits pet stores from selling dogs that do not come from USDA licensed breeders with clear inspections 3 years prior. Read Act No. 618
Act No. 381 (previously SB 216) - Requires municipal animal shelters to register with the Louisiana Animal Welfare Commission by February 1st of each year. Read Act No. 381
Act No. 585 (previously SB 435) - Provides for penalties relative to the theft of a pet. Read Act No. 585
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NOTABLE CASES AND STATUTES
(see also Louisiana Law Compilation at the
end of this page)
Court allows for Mental
Anguish in Car Accident which Kills Family
Dog
Pet owners are awarded $10,000 for the
death of their dog after a driver negligently
kills the family dog. The 4th Circuit takes
Judicial Notice that pets are "clearly
not inanimate objects" and allows for
mental anguish under the 4th prong of the
relief for damage of property: when an owner
is nearby or present and suffers psychic
trauma as a result. Barrios v. Safeway
Insurance, Co. 97 So.3d 1019
(La.App. 4 Cir., 3/ /2012); --- So.3d ----,
2012 WL 1000864 (La.App. 4 Cir.,2012).
Louisiana Criminal
statute allows for value stolen pet to be
determined, among other things, by the strength
of the bond between the owner and
the animal and the emotional attachment
between the animal and the owner or person
with whom the animal is attached:
Theft of Animals:
§67.2. Theft of animals
A. Theft of animals is the misappropriation,
killing, or taking of any animal which belongs
to another, either without consent of the
other to the misappropriation or taking,
or by means of fraudulent conduct, practices,
or representations. An intent to deprive
the other permanently of the animal or an
intent to ransom it for the purpose of extorting
money or favor is essential.
B.(1) Whoever commits the crime of theft
of animals, when the misappropriation or
taking amounts to a value of one thousand
five hundred dollars or more, shall be imprisoned,
with or without hard labor, for not more
than ten years, or may be fined not more
than three thousand dollars, or both.
(2) When the misappropriation or taking
amounts to a value of five hundred dollars
or more, but less than a value of one thousand
five hundred dollars, the offender shall
be imprisoned, with or without hard labor,
for not more than five years or may be fined
not more than two thousand dollars, or both.
(3) When the misappropriation or taking
amounts to less than a value of five hundred
dollars, the offender shall be imprisoned
for not more than six months or may be fined
not more than five hundred dollars, or both.
If the offender in such a case has been
convicted of misdemeanor theft of an animal
two or more times previously, upon any subsequent
conviction he shall be imprisoned, with
or without hard labor, for not more than
two years or may be fined not more than
one thousand dollars, or both.
(4) In addition to the foregoing penalties,
a person convicted under this Section who
killed an animal may be ordered to make
full restitution to the owner of the animal.
Restitution shall be in an amount not less
than the value of the animal as determined
by Subsection C of this Section. If a person
ordered to make restitution pursuant to
this Section is found to be indigent and
therefore unable to make restitution in
full at the time of conviction, the court
shall order a periodic payment plan consistent
with the person's financial ability.
C. The value of the animal which was
misappropriated, killed, or taken shall
be decided by the court, or the jury in
a jury trial, based upon the evidence establishing
the value beyond a reasonable doubt, including
but not limited to the following:
(1) The amount of money which was acquired
from the sale, use, or other disposal of
the animal.
(2) Expert testimony as to the amount of
money which may be acquired from the sale,
use, or other disposal of the animal.
(3) In cases of a pet, testimony by the
owner as to the strength of the bond
between the owner and the animal and the
emotional attachment between the animal
and the owner or person with whom the animal
is attached.
D. The provisions of Subsection C of this
Section do not apply when the state proves
beyond a reasonable doubt that the animal
is a dog and a pet, and the theft of such
animal shall be punishable as provided in
Paragraph B(1) of this Section.
E. For the purposes of this Section, "animal"
means any non-human living creature except
for livestock as defined in R.S. 14:67.1.
Added by Acts 1962, No. 290, §1; Acts
1995, No. 1183, §1; Acts 2004, No.
749, §1; Acts 2006, No. 143, §1;
Acts 2010, No. 585, §1.
VET LIABLE FOR NONPECUNIARY
LOSS UNDER CONTRACT OF DEPOSIT
Trial court ruled that the plaintiffs were
entitled to emotional distress damages under
La. Civ.C. art. 1998, titled Damages
for Nonpecuniary Loss, after the Clinic
lost the Smiths' pet cat. The Third Circuit
affirmed, finding that the Smiths were entitled
to recover emotional distress damages under
the theory of breach of contract of deposit.
Smith v. University Animal Clinic, Inc.,
09-745 (La.App. 3 Cir. 2/10/10), ___ So.3d
___.
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Compilation
of new and notable Animal Law legal resources
Selected
Excerpt ---- Ken
Strutin, Published on February
20, 2012 in the Law and Technology Resources
for Legal Professionals
LAW
COLLECTIONS
- Animal Law Caucus (AALL)
"The AALL Animal Law Caucus was formed
in 2010 to support the efforts of law
librarians, academics and practitioners
in the research, teaching, scholarship,
and practice of animal law. Its purpose
is to recognize and further the ongoing
work of AALL members in this growing area
of law. The Animal Law Caucus is a legal
resource for non-human, animal related
humane issues, which arise from and have
an effect upon our legal system."
- Animal Protection Laws of the United States of America and Canada (ALDF)
"Now more than 4,000 pages in length,
the sixth edition of the compendium contains
a detailed survey of the general animal
protection and related statutes for all
of the states, principal districts and
territories of the United States of America,
and for all of Canada; up-to-date versions
of each jurisdiction's laws; easy, clickable
navigation; and fully searchable content."
- Animal Welfare Act: Background and Selected Legislation (CRS 2010)
"In 1966, Congress passed the Laboratory
Animal Welfare Act (P.L. 89-54) to prevent
pets from being stolen for sale to research
laboratories, and to regulate the humane
care and handling of dogs, cats, and other
laboratory animals. The law was amended
in 1970 (P.L. 91-579), changing the name
to the Animal Welfare Act (AWA). Congress
periodically has amended the act to strengthen
enforcement, expand coverage to more animals
and activities, or curtail practices viewed
as cruel, among other things."
- Brief Summaries of Federal Animal Protection Statutes (CRS 2010)
"This report contains brief summaries
of federal animal protection statutes,
listed alphabetically. It includes statutes
enacted to implement certain treaties,
but it does not include treaties. Additionally,
this report includes statutes that concern
animals but that are not necessarily animal
protection statutes. For example, it discusses
a statute authorizing the eradication
of predators, because one of the statute's
purposes is to protect domestic and 'game'
animals; and it includes statutes to conserve
fish even though the ultimate purpose
of such statutes may not be for the benefit
of the fish. This report also includes
statutes that allow the disabled to use
service animals and statutes aimed at
acts of animal rights advocates—i.e.,
the Animal Enterprise Protection Act of
1992, and the Recreational Hunting Safety
and Preservation Act of 1994"
- Model Animal Protection Laws Collection (ALDF)
This is "the latest edition of the
complete ALDF Model Animal Protection
Laws Collection (PDF). Developed and edited
by Director of Legislative Affairs, Stephan
Otto, Esq."
- State Animal Cruelty Laws
(ASPCA)
"Laws relating to animals can vary
widely from state to state. To enable
you to find your state's laws quickly
and easily, the ASPCA has partnered with
the Michigan State University College
of Law's Animal Legal & Historical
Center to share its online database of
animal-related laws, and their penalties,
from all 50 states and the District of
Columbia. This database is updated and
expanded on a regular basis."
- U.S. Animal Protection Laws Rankings
"Animal Legal Defense Fund Annual
Study Ranks Laws Across the Country."
See Illinois Remains on
Top, Mississippi Shows Most Improvement, ALDF Cases & Campaigns, Dec. 13, 2011. "A new in-depth
survey of the animal protection laws of
each state and territory in the U.S. confirms
that there remain considerable differences
in the strength and comprehensiveness
of each jurisdiction's laws. The Animal
Legal Defense Fund's (ALDF) sixth annual
report, 2011 U.S. Animal Protection Laws
Rankings – the longest-running and most
authoritative report of its kind – is
based on a detailed comparative analysis
of the animal protection laws of each
jurisdiction, researching fourteen broad
categories of provisions throughout more
than 4,000 pages of statutes. Each jurisdiction
received a numerical ranking based upon
its combined score and was grouped into
a top, middle or bottom tier. The ranking
also highlights the best five and worst
five states overall."
MANUALS,
GUIDES AND HANDBOOKS
- Handbook of Organizations Focused on Animals (AZA 2009)
"The landscape of organizations focusing
on animals is constantly changing. Therefore,
the content of this handbook should be
viewed as dynamic information. This is
a 'living document,' which will be updated
periodically as the information changes
and groups come and go. The Handbook resides
on AZA's website as an interactive document.
The information about each organization
listed in the Handbook was derived directly
from their individual websites. The Handbook
is most useful as an online tool because it contains
hyperlinks to each organization's website
and numerous other sites related to animals."
See Organizations/Schools with Focus on
Animal Law and Legislation at p. 66.
- How to Investigate Animal Cruelty in New York State - A Manual of
Procedures
(NYS Humane Ass'n 1996)
This "is a comprehensive document
which includes chapters on how to be prepared
ahead of time - before you actually receive
a cruelty complaint, how to receive and
investigate a complaint, examples covering
many situations, all NYS laws pertinent
to animals - annotated with explanations,
case law relevant to animal cases, basic
animal care standards, appendices containing
forms to use in cruelty investigations,
handouts on various animal care topics,
and articles pertinent to various animal
issues."
- Humane Treatment of Farm Animals: Overview and Issues (CRS 2010)
"Animal protection activists in the
United States have long sought legislation
to modify or curtail some practices considered
by U.S. agriculture to be acceptable or
even necessary to animal health. Members
of Congress over the years have offered
various bills that would affect animal
care on the farm, during transport, or
at slaughter; several proposals have been
introduced in the111th Congress. Members
of the House and Senate Agriculture Committees
generally have expressed a preference
for voluntary rather than regulatory approaches
to humane care. Meanwhile, animal activists
have won initiatives in several states
to impose some care requirements on animal
producers."
- Prosecuting Animal Fighting and Live Animal Cruelty Depictions: Legal
Issues Under New York & Federal Law (NYC Bar 2012)
"This manual has been prepared by
the Committee on Legal Issues Pertaining
to Animals. It is designed primarily for
use by persons and agencies with responsibilities
regarding animal fighting and animal cruelty
in New York. This manual provides general
information only and is not intended to
advocate or to provide specific legal
advice."
ARTICLES
- Confronting Barriers to the Courtroom for Animal Advocates: Animal
Advocacy and Causes of Action,
13 Animal L. 87 (2006)
"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."
- Future for All: A Blueprint for Strengthening the Endangered Species
Act
(Ctr for Biological Diversity 2011)
"The U.S. Fish and Wildlife Service
and National Marine Fisheries Service
have announced an effort to develop new
implementing regulations for the Endangered
Species Act to ensure that these regulations
are 'up-to-date, clear, and effective.'
To date, the details of the changes under
consideration have not been released.
In an effort to help the Obama administration
develop a proposal that truly strengthens
implementation of the Endangered Species
Act, the strongest and most effective
law for protecting biodiversity passed
by any nation, the Center for Biological
Diversity has developed the following
set of recommendations for key programs."
- PETA Lawsuit Seeks to Expand Animal Rights, Atlanta Journal-Constitution, Oct. 25, 2011
"A federal court is being asked to
grant constitutional rights to five killer
whales who perform at marine parks — an
unprecedented and perhaps quixotic legal
action that is nonetheless likely to stoke
an ongoing, intense debate at America's
law schools over expansion of animal rights."
- Protection for the Powerless: Political Economy History Lessons for
the Animal Welfare Movement,
5 Stan. J. Animal L. & Pol'y 1 (2011)
"In the last several decades, animal
agriculture has experienced a dramatic
shift in production methods, from family
farms to concentrated industrial operations,
with societal consequences comparable
to the Industrial Revolution of the nineteenth
century. The new confinement operations
raise significant moral questions regarding
the humane treatment of animals subject
to modern methods that emphasize economics
over animal welfare. The success of the
animal welfare movement, however, hinges
on whether society will adopt regulations,
based on moral considerations, that are
directly opposed to its economic self-interest.
The situation is remarkably similar to
the plight of child laborers caught in
the transformation of manufacturing methods
during the Industrial Revolution. This
article uses the history of child labor
reform to construct a model for how society
enacts protections for politically powerless
groups, such as children and animals.
Using the insights of new social movement
theory, the article concludes that animal
welfare reform will require a complex
mixture of resources, including the difficult
task of norm development. While the path
to such reform is long, the child labor
history shows that success is possible."
ORGANIZATIONS
- Animal Legal & Historical Center (Mich. St. U. Coll. L.)
"On this site you will find a comprehensive
repository of information about animal
law, including: over 1000 full text cases
(US, historical, and UK) over 1000 US
statutes over 50 topics and comprehensive
explanations legal articles on a variety
of animal topics an international collection."
- Animal Legal Defense Fund
"For more than three decades, the
Animal Legal Defense Fund has been fighting
to protect the lives and advance the interests
of animals through the legal system. Founded
in 1979 by attorneys active in shaping
the emerging field of animal law, ALDF
has blazed the trail for stronger enforcement
of anti-cruelty laws and more humane treatment
of animals in every corner of American
life. Today, ALDF's groundbreaking efforts
to push the U.S. legal system to end the
suffering of abused animals are supported
by hundreds of dedicated attorneys and
more than 100,000 members."
- Animal Protection Institute
"Born Free USA is a national animal
advocacy nonprofit 501(c)(3) organization,
contributions to which are tax-deductible.
Our mission is to end the suffering of
wild animals in captivity, rescue individual
animals in need, protect wildlife — including
highly endangered species — in their natural
habitats, and encourage compassionate
conservation globally."
- Center for Animal Law (DePaul
U. Coll. L.)
"The Center for Animal Law focuses
on teaching, research and analysis of
state, national and international legislative
and legal matters relating to the rights
and welfare of animals, including animal
cruelty, animal control, animals in entertainment
and tort valuation of animals. Within
the Center, the Dr. Florence Wissig Dunbar
Program in Animal Law, created with the
support of a law alumna, trains and supports
law students and lawyers in the field
of animal law, including sponsoring training
and education of humane investigators,
animal welfare advocates, and others working
in the animal protection field."
- Humane Society of the United States (HSUS)
"The Humane Society of the United
States is the nation's largest and most
effective animal protection organization,
backed by 11 million Americans. We work
to reduce suffering and improve the lives
of all animals by advocating for better
laws; investigating animal cruelty;
conducting campaigns to reform industries;
providing animal rescue and emergency
response; and caring for animals through
our sanctuaries, emergency shelters, wildlife
rehabilitation centers, and clinics."
- International Institute for Animal Law (AnimalLaw.com)
"AnimalLaw.com provides access to
legislation and legal matters pertaining
to the rights and welfare of animals.
AnimalLaw.com supports information concerning
animal cruelty, animal control, laboratory
animal welfare, the use of animals in
education, product testing and in the
laboratory, animal control issues, and
general animal welfare. Presented by the
International Institute for Animal Law,
AnimalLaw.com is intended to serve as
a clearinghouse for animal-related legal information, from pending legislation through relevant case law digests. AnimalLaw.com strives to present both objective
and authoritative commentary, as well
as guidance for individuals who wish to
become advocates for animal issues. AnimalLaw.com
utilizes information contained on state
and federal websites to link directly
to official public access sources for
law and legislation."
- National Center for Animal Law (Lewis & Clark L. Sch.)
"The Center for Animal Law Studies
(CALS), in collaboration with the Animal
Legal Defense Fund, is an animal law think
tank and the umbrella organization of
the nation's premier animal law program.
We work to ensure the interests of animals
are considered in the legal realm and
provide the best education to the next
generation of animal law attorneys."
- Nonhuman Rights Project
"The Nonhuman Rights Project is unlike
any other organization in the world. Why?
Because we're the only group fighting
for actual LEGAL rights for members of
species other than our own. The way our
law currently categorizes animals is wrong;
it's time for that to change. The NHRP
was created in 2007 by attorney Steven
M. Wise. Today this groundbreaking group
is made up of dozens of smart, committed,
and hard workers from many backgrounds.
All have come together for one purpose:
to break through the legal wall that separates
humans from nonhumans, thereby gaining
legal 'personhood' for nonhuman animals,
beginning with some of the most intelligent
animals on earth, like chimpanzees, elephants
and dolphins."
- People for the Ethical Treatment of Animals (PETA)
"PETA focuses its attention on the
four areas in which the largest numbers
of animals suffer the most intensely for
the longest periods of time: on factory
farms, in the clothing trade, in laboratories,
and in the entertainment industry. We
also work on a variety of other issues,
including the cruel killing of beavers,
birds, and other 'pests' as well as cruelty
to domesticated animals. PETA works through
public education, cruelty investigations,
research, animal rescue, legislation,
special events, celebrity involvement,
and protest campaigns."
SECONDARY
RESOURCES
- Admissibility of Opinion
Evidence of Lay Witnesses as to Diseases
and Physical Condition of Animals, 49 A.L.R.2d 932
"It is the purpose of this annotation
to present the cases which have considered
the admissibility of opinion evidence
of witnesses other than those who are
members of a profession or holders of
special and official positions having
to do with animal diseases, husbandry,
care, and treatment. Such witnesses may
or may not have qualifications in those
fields which make their opinions of more
value to a finder of fact than those of
mere observers."
- Applicability of State
Animal Cruelty Statute to Medical or Scientific
Experimentation Employing Animals,
42 A.L.R.4th 860
"This annotation collects and analyzes
the cases in which the courts have considered
or determined the applicability of a state
animal cruelty statute to medical or scientific
experiments using live animals as subjects."
- Construction and Application
of Ordinances Relating to Unrestrained
Dogs, Cats, or Other Domesticated Animals,
1 A.L.R.4th 994
"This annotation collects and analyzes
those state and federal cases dealing
with prosecutions for offenses under municipal
ordinances relating to unrestrained dogs,
cats, or other domesticated animals in
which the courts have construed and applied
such ordinances."
- Construction of Provisions
of Statute or Ordinance Governing Occasion,
Time, or Manner of Summary Destruction
of Domestic Animals by Public Authorities, 42 A.L.R.4th 839
"This annotation collects and analyzes
those cases, both state and federal, in
which the courts construed provisions
of statutes or ordinances governing the
occasion, time, or manner of summary destruction
of domestic animals by public authorities."
- Designation of "Critical
Habitat" Under Endangered Species
Act, 176 A.L.R. Fed. 405
"In 1973, Congress enacted the Endangered
Species Act (ESA), 16 U.S.C.A. SS 1531–1544,
to provide a program for the conservation
of endangered and threatened species,
and for the preservation of their ecosystems.
Accordingly, ESA: (1) mandated a listing
procedure for threatened and endangered
species; (2) prohibited actions—both in
the public and private sector—that resulted
in a "taking" of a listed species;
(3) established procedures for land acquisition;
and (4) provided for federal cooperation
with the states and interagency consultation.
During the congressional debate on ESA,
the importance of habitat for species
survival was emphasized. After the United
States Supreme Court's decision in Tennessee
Valley Authority v. Hill, 437 U.S. 153,
98 S. Ct. 2279, 57 L. Ed. 2d 117, 11 Env't.
Rep. Cas. (BNA) 1705, 8 Envtl. L. Rep.
20513 (1978), tested ESA's critical habitat
provision in 1978, Congress quickly amended
ESA to define critical habitat as a specific
geographical area occupied by a species,
and to provide the Secretary of the Interior
with criteria for determining critical
habitat, in which economic considerations
played a role. In Sierra Club v. U.S.
Fish and Wildlife Service, 245 F.3d 434,
31 Envtl. L. Rep. 20504, 176 A.L.R. Fed.
733 (5th Cir. 2001), the court concluded
that the agencies' decision that it would
not be prudent to designate a critical
habitat for the threatened Gulf sturgeon
was arbitrary and capricious where made
in reliance on an invalid regulation.
Sierra Club and other decisions that have
addressed the designation of a critical
habitat under ESA are collected in the
following annotation."
- Propriety, Measure,
and Elements of Restitution to Which Victim
is Entitled Under State Criminal Statute—Cruelty
to, Killing, or Abandonment of, Animals, 45 A.L.R.6th 435
"In certain jurisdictions, animal
abuse laws contain provisions authorizing
awards of restitution to organizations
or persons providing care and treatment
to abused or abandoned animals. For example,
in Com. v. Lee, 2008 PA Super 56, 947
A.2d 199, 45 A.L.R.6th 817 (2008), the
court held that the trial court had statutory
authority to require the defendant, convicted
of cruelty to animals, to pay restitution
to the shelter that had provided medical
care to the defendant's dog, as the section
of the crimes code governing cruelty to
animals permitted the authority imposing
sentence upon conviction to require that
the owner pay the cost of keeping, care
and destruction of the animal. Other jurisdictions
hold that a humane society is not a victim
as defined under a general restitution
statute and therefore is not entitled
to restitution for the boarding and care
of mistreated animals. This annotation
collects and discusses all of the cases
which have considered restitution under
various state statutes due to animal cruelty
or animal abandonment, as well as killing
an animal, including the authority of
the court to award restitution under a
particular or general statute, restitution
for particular costs and expenses, elements
factored in the determination of the restitution
award, and the reasonableness of the award."
- Recovery of Damages
for Emotional Distress Due to Treatment
of Pets and Animals, 91 A.L.R.5th 545
"Many people are extremely close
to their pets, so much so that injury
to, or the death of, their pet, will be
a traumatic experience for them. Emotional
distress will certainly result where the
owner sees or even hears about reckless
or negligent behavior causing injury to
or the death of a beloved animal friend.
Nevertheless, the courts have reached
opposite conclusions as to whether such
injuries should be compensable, and if
so, under what circumstances. For example,
in Burgess v. Taylor, 44 S.W.3d 806, 91
A.L.R.5th 749 (Ky. Ct. App. 2001), the
court ruled that a finding of intentional
infliction of emotional distress or punitive
damages is not precluded simply because
the facts giving rise to the claim involve
an animal. The court then held that the
conduct of the boarders of horses who
sold pet horses owned by another for slaughter
was reckless, which thus supported the
owner's claim for the tort of outrage
or the intentional infliction of emotional
distress. However, other courts have reached
a variety of conclusions, both in general
and under the specific circumstances,
as the following annotation illustrates."
- Validity, Construction,
and Application of Animal Welfare Act
(7 U.S.C.A. SS 2131 et seq.),
36 A.L.R. Fed. 627
"This annotation collects and analyzes
the decisions of the federal courts which
have construed, applied, or determined
the validity of the Animal Welfare Act
(7 U.S.C.A. SS 2131 et seq.), enacted
by Congress in 1970, as amended by the
Animal Welfare Act Amendments of 1976
(P. L. 94-279, 90 Stat. 417, April 22,
1976). Included in the annotation are
cases decided under the predecessor statute
known as the Federal Laboratory Animals
Welfare Act, which was enacted in 1966."
- Validity, Construction,
and Application of Endangered Species
Act of 1973 (16 U.S.C.A. SS 1531-1543),
32 A.L.R. Fed. 332
"This annotation collects and analyzes
cases construing, applying, or considering
the validity of the Endangered Species
Act of 1973 (16 U.S.C.A. SS 1531 et seq.)and
its predecessor statutes, the Endangered
Species Preservation Act of 1966 (16 U.S.C.A.
SS 668aa et seq.)and the Endangered Species
Conservation Act of 1969 (16 U.S.C.A.
SS 668aa et seq.). Cases decided under
the predecessor statutes are included
because they are helpful in interpreting
the 1973 Act, under which there has as
yet been little litigation; all three
statutes were designed to preserve various
species threatened with extinction, and
the 1973 Act is largely an expansion of
the practical means available to implement
the purposes which were embodied in the
1966 and 1969 Acts."
- Veterinarian's Liability
for Malpractice,
71 A.L.R.4th 811
"This annotation collects and discusses
the cases in which the courts have considered
whether, and under what circumstances,
a veterinarian, veterinary surgeon, veterinary
clinic, or veterinary hospital is liable
for malpractice."
- What Constitutes Offense
of Cruelty to Animals—Modern Cases, 6 A.L.R.5th 733
"Prosecutions for the offense of
cruelty to animals have been instituted
for shooting, burning, or beating an animal,
failure to provide necessary care to an
animal, and for acts relating to organized
fights between animals. Whether a conviction
results may turn on a variety of factors—evidence
presented by the prosecution that the
alleged act occurred; evidence presented
by the defendant that the alleged act
was a necessary act of discipline or was
in protection of a person or of property;
and the court's ruling on the statutory
wording as to the degree of intent with
which the defendant must have acted. In
the recent case of Regalado v United States
(1990, Dist Col App) 572 A2d 416, 6 ALR5th
1178, a prosecution for beating a puppy,
the court held that the evidence supported
an inference of discipline crossing over
the line to cruelty and held that the
statute under which the plaintiff was
charged did not require proof of specific
intent to injure or abuse an animal but
required only proof of general intent
with malice. This annotation collects
and analyzes the cases decided in or after
1950 that discuss what constitutes the
offense of cruelty to animals."
BIBLIOGRAPHIES
CURRENT
AWARENESS
- Animal Law (ABAJ Law News
Now)
This site posts synopses about news and
legal developments related to animal law
from current news and legal publishing
sources.
- Animal Law Blog
"This site features one practitioner's
observations and analysis of animal law
news, litigation in her state of Illinois
and around the country, criminal cases
as time permits, as well as links to legislation
and other animal law resources."
Includes extensive list of blogs, legislative
tracking, bar association committees and
other current awareness links.
- Animal Law Blogs (ABA Blawg
Directory)
This is a collection of annotated blogs
and online news services related to animal
rights and welfare.
- Animals (Change.org)
"Change.org is an online advocacy
platform that empowers anyone, anywhere
to start, join, and win campaigns for
social change. Millions of people sign
petitions on Change.org each month on
thousands of issues, winning campaigns
every day to advance change locally and
globally."
- Companion Animal Blog
"As animal law continues to develop,
more and more laws are geared towards
companion animals. This includes everything
from pet trust and dangerous dog statutes
to zoning and land use laws for the expanding
businesses of high class boarding kennels
and doggie daycares. The goal of this
blog is to serve as a place for everyone
who lives, works and plays with pets to
come together to discuss how the law can
better our relationships with animals,
and with each other."
- Top 45 Animal Advocacy Blogs
(Veterinarian Colleges)
"Advocacy for animal rights has been
in existence for a while, but with the
growth of the internet, activism has sky
rocketed immensely. While many people
are unaware of the animal cruelties present
in today's society, bloggers have used
the internet as an outlet to create awareness.
Charles Darwin once said, 'The love for
all living creatures is the most noble
attribute of man,' and many of these top
45 bloggers would agree. These 45 blogs
are well versed in this realm, and most
of all, are passionate about animal advocacy.
Animal advocates believe that animals
have their own rights, just as humans
do, and these top 45 blogs have set out
to create awareness, reform, and change."
1 See generally Steven M. Wise, Legal Personhood
and the Nonhuman Rights Project, 717
Animal L. 1, 1-2 (2010)("The defining
moment for the eighteenth century slave
James Somerset was when he became legally
visible. He was a legal thing when he landed
in England in 1769, having been captured
as a boy in Africa, then sold to a merchant
in Virginia, Charles Steuart, for whom he
slaved for two decades. As a legal thing,
James Somerset existed in law for the sake
of Charles Steuart, for legal things, living
and inanimate, exist in law solely for the
sakes of legal persons. They are invisible
to civil judges in their own rights. Only
legal persons count in courtrooms, or can
be legally seen, for only they exist in
law for their own benefits. Legal personhood
is the capacity to possess at least one
legal right; accordingly, one who possesses
at least one legal right is a legal person.
James Somerset's legal transubstantiation
from thing to person at the hands of Lord
Mansfield in 1772 marked the beginning of
the end of human slavery. Persuading an
American state high court to similarly transform
a nonhuman animal is a primary objective
of the Nonhuman Rights Project.").
2 The resources appearing in this article fall under the
rubric of animal law
See Animal
Law Program
(ALDF)(Animal law is a combination of statutory
and case law in which the nature – legal,
social or biological – of nonhuman animals
is an important factor. Animal law encompasses
companion animals, wildlife, animals used
in entertainment and animals raised for
food and used in research. Animal law permeates
and affects most traditional areas of the
law – including tort, contract, criminal
and constitutional law."). Michael
Schau, Animal Law Research Guide,
2 Barry L. Rev. 147, 148 (2001)(describing
difference between animal rights, concern
the limits of using animals and their inherent
rights as sentient beings, and animal welfare,
focusing on the treatment and care of animals).
3 2 Barry L. Rev. at 147 ("The body of law governing
our use of and relationship to animals is
one of the fastest growing areas of legal
studies. Despite the existence of federal
statutes concerning animals, animal law
did not gain significant notice in legal
education programs until the 1980's. Today
the subject is taught in several law schools,
and leading animal law experts have published
a casebook. Animals affect many areas of
American life, from the food we eat to the
clothes we wear. Animals participate in
many aspects of human life, including our
entertainment, gaming, hunting, fishing,
medical research, farming and companionship.
Law regulates much of this participation;
for example, migratory bird statutes and
local gaming laws probably cover the wild
birds we see in our backyard. Animal law
is a combination of statutory and decisional
law in which the legal, social or biological
issues concerning animals are an important
factor.")
See
generally
Animal
Law Issue,
N.J. Law. Mag., Aug. 2005.
4 See Kathy Rudy, A
Change of Heart,
Chron. Higher Ed.., Nov. 27, 2011 (discussing
the complex views of animal rights advocacy
and the need for recognizing the affects
of humanity in the interconnectedness between
humans and animals).
5 See, e.g., Shapiro v. City of Glen Cove, 2005
U.S. Dist. LEXIS 43276 (E.D.N.Y. May 5,
2005)("Shapiro has suggested no 'reasonable
legal alternative' to the de minimis trespass
committed by Horvath, and the court finds
none. She believed that an animal might
be in need of immediate help, and looked
in the building to see if that was the case.
She did not exacerbate the trespass by entering
the building, but immediately turned to
the reasonable legal alternative of calling
the Animal League and the police. Under
these circumstances, the court finds that
the trespass was justified as a matter of
law.").
6 See, e.g., Bill
Expands Animal Cruelty Offenses,
LaCrosse Tribune, Oct. 30, 2011 ("A
Republican legislator has introduced a bill
that would allow prosecutors to charge anyone
who causes great bodily harm to an animal
with a felony. Under current Wisconsin law,
anyone who mutilates, disfigures or kills
an animal in a cruel manner is guilty of
a Class I felony punishable by up to three-and-a-half
years in prison and $10,000 in fines.");
Calif
Animal Welfare Laws Evolve, Face Challenge, Seattle Post-Intelligencer, Nov. 13, 2011 ("[T]he
California legislature has passed or altered
30 laws to improve the lives of animals
— from sharks to dairy cattle, even animals
hunted for sport. And it has banned the
butchering of downer livestock — animals
too sick or too weak to walk — a measure
the justices seem inclined to overturn.")
But
see
Denise Lavoie, Animal Rights Activists
Challenge 2006 Federal Law, Salon, Dec.
15, 2011 ("Five activists represented
by the Center for Constitutional Rights
filed the lawsuit in federal court in Boston,
asking that the Animal
Enterprise Terrorism Act
be struck down as unconstitutional because
it has a chilling effect on lawful protest
activities.").
7 See, e.g., John Caher, Novel
Settlement Expected to Benefit County, SPCA , N.Y.L.J., Oct. 31, 2011 ("An upstate SPCA has
apparently worked out a unique settlement
in which an animal-loving attorney who showed
up on the doorstep of the county jail with
25 cats becomes a ticket-writing special
deputy sheriff, and the SPCA collects half
the ticket revenue."); Debra Cassens
Weiss, Yes,
the Government Is Forcibly Implanting Microchips;
6th Circuit Allows 'Dog-gonest' Suit, ABA Journal Law News Now, Nov. 8, 2011.
8 See Animal CSI (ASPCA Animal Lessons)(includes list of resources);
Kristen Gelineau, Use
of Animal Forensics on the Rise,
USA Today, May 28, 2007.
9 See John Kass, Boomers
Plan on Long-Term Care -- for Pets,
Chi. Trib., Dec. 19, 2002 ("New York
veterinarian Robert Reisman is involved
in animal abuse cases, and works closely
with the American Society for the Prevention
of Cruelty to Animals. When does keeping
an aging pet alive become cruelty to animals?
'If you're saying it's abusive for an animal
to live in that state, to some extent you
have to think it's abusive for a person
to have to live in that state,' he said.
'I mean, there's a national debate about
that.' It was stunning because he wasn't
being flip. The vet sincerely, calmly expressed
his belief, equating the life of an animal
to the life of a human being. I'm sure he's
not alone."); Debra Cassens Weiss,
NY
Animal Lovers Can Once Again Be Buried with
Pets, Thanks to Lawyer's Effort, ABAJ Law News Now, Dec. 20, 2011.
10 See Steve Yoder, Tracking
Animal Abuse (and Abusers) on the Web, Crime Rep., Jan. 16, 2011 ("The growth of on-line public registries
and tracking sites of animal abusers could
reduce the number of crime victims—both
human and animal—say activists. But researchers
who examine sex-offender and other similar
criminal registries aren't so sure. Shon
Rahrig once left a cat with a broken jaw
and several broken bones. But thanks to
a website called Pet-Abuse.com, he will
find it hard to get away with abusing an
animal elsewhere in the U.S. ever again.")
See,
e.g.,
Samantha Brix, Suffolk
Approves Animal Abuse Registry Bill,
Riverhead News-Review, Oct. 12, 2010 ("The
Suffolk County Legislature unanimously approved
a bill Tuesday to create a law establishing
a county registry for animal abuse offenders,
the first of its kind in the nation. The
new law allows the county to create a public
registry of convicted animal abusers, in
which the names, aliases, addresses and
photographs of animal abusers would compiled
in a searchable database, much like the
state's sex offender registry. The convicted
abusers would pay a $50 annual fee for upkeep
of the registry, and those who fail to register
would be charged $1,000 or face jail time.").
11 See, e.g., Nuclear
Accidents and the Impact on Animals
(IFAW 2011); Jenny Marder, What's
the Fallout for Dogs Near Fukushima?,
PBS Newshour, Nov. 10, 2011.
12 See Courthouse Dogs; Marianne Dellinger, Using
Dogs for Emotional Support of Testifying
Victims of Crime, 15 Animal L. 171 (2009).
13 See Animal-Assisted
Therapy
(Wikipedia).
14 See, e.g., World's
First Advanced Degree in Animal Law
(Lewis & Clark Law School).
15 See, e.g., DOJ
Challenges Ruling That Restricted FDA Enforcement
Authority, Blog of Legal Times, Nov. 11, 2011("The U.S. Justice
Department's consumer protection branch
will ask a federal appeals court to overturn
a judge's ruling in Florida that restricted
the enforcement power of food and drug regulators
to punish pharmacies that compound animal
medication. The department's legal team
filed a notice of appeal Thursday in U.S.
District Court for the Middle District of
Florida, where a judge in September rejected
the government's effort to shut down Franck's
Lab, Inc. over allegations the pharmacy
was skirting food and drug laws in manufacturing
new animal drugs.").
16 See Stephen A. Plass, Exploring Animal
Rights as an Imperative for Human Welfare, 112 W. Va. L. Rev. 403 (2010).
17 See Bueckner v. Hamel, 886 S.W.2d 368, 377-378
(Tex. App. Houston 1st Dist. 1994) (Andell,
J., concurring) ("Scientific research
has provided a wealth of understanding to
us that we cannot rightly ignore. We now
know that mammals share with us a great
many emotive and cognitive characteristics,
and that the higher primates are very similar
to humans neurologically and genetically.
It is not simplistic, ill-informed sentiment
that has led our society to observe with
compassion the occasionally televised plights
of stranded whales and dolphins. It is,
on the contrary, a recognition of a kinship
that reaches across species boundaries.
The law must be informed by evolving knowledge
and attitudes. Otherwise, it risks becoming
irrelevant as a means of resolving conflicts.
Society has long since moved beyond the
untenable Cartesian view that animals are
unfeeling automatons and, hence, mere property.
The law should reflect society's recognition
that animals are sentient and emotive beings
that are capable of providing companionship
to the humans with whom they live."
(footnotes omitted)).
18 See, e.g., Frank R. Ascione, Animal Abuse and
Youth Violence
(2001); The
Animal Abuse-Human Violence Connection
(PAWS).
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