United States

Protecting Equine Rescue From Being Put Out To Pasture: Whether Ranches Dedicated To Abused, Abandoned, And Aging Horses May Qua

Summary:

This law review argues that the use of property to board, train, and graze abused, abandoned and aging (rescue) horses should fall under the Florida Greenbelt Law’s “agricultural” tax classification. The authors of this law review contend that the use of property for rescue horse ranches is consistent with the purpose of the Greenbelt Law, and the rescue horse ranches provide other benefits to Florida's communities.

Symposium: Confronting Barriers To The Courtroom For Animal Advocates - Animal Advocacy And Causes of Action

Summary:

In the third panel of the NYU Symposium, distinguished animal law professionals discuss various causes of action which may be used on behalf of animals in the courtroom. Panelists talk about traditional forms of standing, make suggestions for innovation using existing laws, and discuss visions of how they would like to see the law develop as it pertains to standing for animals.

Symposium: Confronting Barriers To The Courtroom For Animal Advocates - Linking Cultural And Legal Transitions

Summary:

In this discussion, panelists explore the many viewpoints society holds with respect to nonhuman animals. The discussion broadly covers ethics and what constitutes ethical behavior in this regard. The question dealt with is, largely, what is the appropriate ethical model to use when arguing that animals deserve better treatment and expanded rights? Unlike parallel movements for human civil rights or women’s equality, the animal rights movement has much greater hurdles to overcome when it comes to arguing that animals deserve equal treatment under the law. In an attempt to address this question, the dialogue touches upon many areas of human thought. The panelists take on diverse fields such as philosophy, science, anthropology, environmentalism, and feminism and use them to understand the past and present state of animal law. The analytical tools of these several disciplines are also applied to animal law in an attempt to develop a better model for the future.

Animal Testing in Cosmetics: Recent Developments in the European Union and the United States

Summary:

Animal welfare has become a recent issue in the policy of the European Union. As a positive step in recognizing the unnecessary suffering of animals, the Cosmetics Directive will be the focus in the first part of this article. The amendments to the Cosmetics Directive to prohibit the testing of animals in cosmetics culminated in the case of France v. European Parliament and the Council of the European Union. Similar measures were adopted in California, which will be discussed in the second half the article.

Symposium: Confronting Barriers To The Courtroom For Animal Advocates - Introduction

Summary:

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.

Swan Song? Giving a Voice to Mute Swans in the Chesapeake Bay

Summary:

This article discusses the decision by the United States District Court to grant an injunction filed by the Fund for Animals to stop the killing of the federally protected mute swan. The authors suggest that more research needs to be conducted with regard to alleged harm the swans cause in the Chesapeake Bay. Moreover, alternatives to culling the population must be explored as this is required by multiple federal laws. Further, the authors suggest that we should not not blame the very species we introduced centuries ago or artificially arrest the natural progression of the various species in an ecosystem, be they native or exotic.

No Pets Allowed: Housing Issues and Companion Animals

Summary:

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.

Detailed Discussion of Michigan Anti-animal Cruelty Law

Summary:

This article details Michigan's animal anti-cruelty law. Included in the discussion is an examination of the intentional infliction of pain and suffering law, the duty to provide care law, the animal anti-fighting provision, among other topics. The article also examines the relevant constitutional provisions such as notice requirements, search and seizure law, and the "plain view" exception.