United States

ANIMAL CUSTODY DISPUTES: A GROWING CRACK IN THE “LEGAL THINGHOOD” OF NONHUMAN ANIMALS

Summary: Despite the traditional view of animals as mere chattels, courts are increasingly viewing animals as more than "things," recognizing the intrinsic value of animal companions. With the help of organizations such as the Animal Legal Defense Fund, case law, local ordinances, and popular attitudes are changing, reflecting the understanding that animals have the capacity to live full mental and emotional lives. This essay tracks these changes, arguing that the time has come to recognize a different legal status for companion animals.

THROWING CAUTION TO THE WIND: THE GLOBAL BEAR PARTS TRADE

Summary: The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. The current approach of trying to regulate the legal bear parts trade on a state-by-state basis in the United States and on a country-by-country basis globally has failed, and has actually facilitated the illegal trade. It is time to recognize the usefulness, if not the necessity, for national legislation uniformly prohibiting commercialization of bear viscera. In addition, an international moratorium on global trade in bear parts and derivatives is long overdue and much needed.

LEGAL PROTECTION FOR HORSES: CARE AND STEWARDSHIP OR HYPOCRISY AND NEGLECT?

Summary: Horses have a strong connection to America and Americans. They have played a pivotal role in our history, they have been a part of our work and our play, and we cherish them as companion animals. The legal system has made significant steps to protect horses in a number of ways. However, quite ironically, horse protection laws are often ineffective, unenforced, and sometimes non-existent. This article will explore America's relationship with the horse, horse protection laws-their strengths and their failures.

FEEDLOTS—RURAL AMERICA’S SEWER

Summary: Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act and proposes that new regulations and stricter enforcement of the current NPDES program are necessary to protect public and environmental health from manure contamination.

FEEDLOTS-RURAL AMERICA'S SEWER

Summary: Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act and proposes that new regulations and stricter enforcement of the current NPDES program are necessary to protect public and environmental health from manure contamination.

ENVIRONMENTALLY FRIENDLY RANCHING? AN INTERVIEW ON THE HIGH DESERT

Summary: The following is an interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef, a cooperative organization that his wife, Connie, helped start in 1986. Doc was on his cell phone while we talked, as he and Connie were on their way to Portland from their High Desert Ranch in Brothers, Oregon to give a talk to an agricultural group. Connie was driving while Doc and I spoke. They have a rule against driving and talking on the phone at the same time. I agreed that was probably a good policy.

ANIMAL WELFARE LAW IN CANADA AND EUROPE

Summary: The idea that animals are entities that deserve protection, irrespective of their utility to man, is firmly grounded in the Enlightenment. The principle that a creature's need for considerate treatment did not depend on the possession of a soul or the ability to reason, but on the capacity to feel pain was formulated and debated at that time. The debate continues today-Canada is in the midst of examining its own ethical, philosophical and legal beliefs about animal welfare and cruelty. This article examines the current state of animal welfare and cruelty laws and recent attempts through federal legislation to modernize the animal welfare provisions of the Canadian Criminal Code. Comparisons are drawn with European animal welfare and cruelty laws, which tend to be more concerned with an animal's welfare than Canadian laws, which tend to be more concerned with the economic interests of humans.

ENACTING AND ENFORCING FELONY ANIMAL CRUELTY LAWS TO PREVENT VIOLENCE AGAINST HUMANS

Summary: Felony animal anti-cruelty laws should be enacted and strictly enforced to protect animals and humans. Studies show that violence in the home, of any type, is self-perpetuating, creating generations of abusers and victims. Children who witness abuse are more likely to abuse animals and eventually humans; even minor acts of animal abuse are signs of a disturbed individual and should be taken seriously. Current animal anti-cruelty laws fail to prevent this violence. This article proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent this cycle of violence.