Cats

Companion Animals: An Examination of Their Legal Classification in Italy and the Impact on their Welfare

Summary:

Italy's State-Regions Agreement on Companion Animal Welfare and Pet Therapy introduced important new measures aimed at reducing the numbers of stray animals, such as the use of microchips for an official dog identification system and the creation of a computerised data bank. The Author, after having analyzed the legal status of animals under the current system and discussed the idea of extending legal personhood to such animals, considers the law for the current valuation of companion animals. Finally, the Author promotes the idea that there is a legal/rational basis for changing the way that companion animals should be valued by the legal system (such as Agreement) and recommends the adoption of principles/guidelines for the care of pet evaluate these aspects of the Agreement.

Wills & Trusts - Pet Animals: What Happens When Their Humans Die?

Summary:

(From article) This article chronicles the evolution of enforcing after-death gifts for the benefit of pet animals. Part II reviews the common law background. Part III details the wide variety of approaches adopted by United States courts, legislatures, and commentators. These approaches treat after-death gifts for pets in three basic categories: (1) invalid; (2) tolerated, but not enforceable; and (3) valid and enforceable. After establishing the current milieu in which a pet owner must function, Part IV recommends the steps an owner may take to maximize the chances of the pet receiving the desired care after the owner's death.

Rescue Me: Legislating Cooperation Between Animal Control Authorities and Rescue Organizations

Summary:

Notwithstanding the overwhelming evidence that shows how important pets are to many people in the United States, the leading cause of death for dogs and cats in this country is euthanasia because of the lack of homes. Although progress has been made, conservative estimates are that between three and four million dogs and cats are euthanized each year. A successful program for implementing non-lethal strategies to control the pet population incorporates three prongs: (a) increasing adoptions, (b) increasing the number of animals sterilized and (c) increasing the number of animals retained in homes. This Article focuses on the legislative actions that should be taken immediately to implement these non-lethal strategies so that this needless euthanization can end.

A Public Policy Toward the Management of Feral Cats

Summary:

This paper examines the current wildlife laws, both federal and state, to determine what laws may apply to managing the feral cat population. It begins with a determination of how domestic cats are classified under these laws. Since many laws are vague, the intent of the legislatures is investigated to determine if domestic cats were meant to be defined as a non-indigenous species. The focus then shifts to indicate ways to control the feral domestic cat population.

Behind a Glass, Darkly

Summary:

As wild populations of big cats continue to decline precipitously, concerns about the ethical and environmental considerations of keeping cats for entertainment have increased exponentially. The plight of the big cat has been brought forcibly into the international media spotlight following high profile incidents like the tiger attack on Roy Horn at Las Vegas’ Mirage Casino. However, for every big cat whose instinct makes the national news, many suffer in silence, sacrificed to entertain the masses. Often, this cruelty to animals is rationalized under the wide net of “education,” since many people still believe there is valuable information to be gained from viewing animals trapped behind bars.

Protecting Cats and Dogs in Order to Protect Humans: Making the Case for a Felony Companion Animal Statute in Mississippi

Summary:

This Article proceeds in several parts. Part II discusses the reasons behind the enactment of both early and modern animal cruelty statutes, and part III identifies the common features of modern animal cruelty laws. Part IV details Mississippi's animal cruelty statutes and compares them to typical modern cruelty laws. Part V describes the provisions of Senate Bill No. 2623 in detail and explains why the Mississippi Farm Bureau Federation and others opposed Senate Bill No. 2623. Part VI argues that the objections to Senate Bill No. 2623 were frivolous and makes the case for a felony companion animal statute in Mississippi. Finally, part VII contends that a bill modeled on Senate Bill No. 2623 should be introduced during the 2011 legislative session and passed by the Mississippi legislature.

Fido Seeks Full Membership in the Family: Dismantling the Property Classification of Companion Animals by Statute

Summary:

This paper proposes that various state legislatures should progressively dismantle the property classification of companion animals by enacting statutes permitting animal guardians recovery for non-economic damages in torts, and requiring courts to apply the "best interests of the pet" standard in custody and visitation disputes. Section II of this paper sets forth the conflict between the social and legal views of companion animals, and the historical evidence supporting each. Section III analyzes court opinions that treat companion animals as property and illustrates how the conflicting views of companion animals are manifested in case law. Section IV identifies the current trend in court decisions and legislative actions suggesting that both judges and legislators acknowledge companion animals as more than property.

The Golden Retriever Rule: Alaska's Identity Privilege for Animal Adoption Agencies and for Adoptive Animal Owners

Summary:

In this Comment, the authors examine recent national and Alaskan developments regarding a limited testimonial privilege for animal adoption agencies and adoptive owners. Unlike most testimonial privileges, this new privilege e did not exist at common law and has only a limited foundation in statutes or rules of evidence. The authors conclude by noting the effect this privilege has on replevin and conversion cases involving lost animals that have been adopted by new owners.

Animals v. Animals: A False Choice

Summary:

This article examines the recent policy trend that pits animal against animal. In particular, the article focuses on the argument that feral cats are a major contributing factor to the demise of many wild bird species. The authors contend that human population growth and encroachment into wildlife habitat is the root cause of species loss, and our attempt to blame an adaptive species like the cat avoids responsibility. Further, the authors suggest that animal lawyers in particular must be aware of this "diversionary tactic" and attempt to refocus the policy debate on the real causes of animal death. (Reprinted with permission.)

Evading Extinction: A 21st Century Survey of the Legal Challenges to Wild Siberian Tiger Conservation

Summary:

The Amur tiger, like all tigers, is threatened by its high black market value as an ingredient in traditional Chinese medicine. In fact, the illegal wildlife generates up to ten billion United States dollars per year, trailing only the illegal narcotics and arms trade in annual revenue. The 1989 opening of the Russian-Chinese border exacerbated this illegal trade within the Russian Federation. The Amur tiger also suffers from a reduction of its prey base due to subsistence poaching of ungulate species and rampant logging. This reduction in wild prey has resulted in increased tiger-human conflicts such as livestock depredation, further reducing the locals’ incentive to protect tigers.