Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
Volume 9, 2003
TEN YEARS OF ANIMAL LAW AT LEWIS & CLARK LAW SCHOOL
Nancy V. Perry
THE EVOLVING LEGAL STATUS OF CHIMPANZEES
THE HISTORICAL AND CONTEMPORARY PROSECUTION AND PUNISHMENT OF ANIMALS
This article analyzes the role of the animal "offender," by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have ended (for the most part), we continue to punish animals for their "crimes" against human beings. She suggests that we do this primarily to achieve two ends: the restoration of order and the achievement of revenge, and concludes with a call for a renewed emphasis on "due process" for animals threatened with punishment for their offenses.
RESTRICTING THE USE OF ANIMAL TRAPS IN THE UNITED STATES: AN OVERVIEW OF LAWS AND STRATEGY
Dena M. Jones & Sheila Hughes Rodriguez
Enacting absolute bans on the use of trapping devices and on commerce in trapped animal products has been difficult. Nearly every state, however, has enacted some restrictions on who can trap, what animals can be trapped, where and when animals can be trapped, the type and size of permitted traps, and how often traps must be checked. This article summarizes past and potential approaches to curtail the use of traps in the U.S. at federal, state, and local levels. The article also notes litigation related to trapping and trapping prohibitions.
HAIR TODAY, GONE TOMORROW: EQUINE COSMETIC CRIMES AND OTHER TAILS OF WOE
Many invasive procedures, including surgery, are performed on horses' tails purely for cosmetic reasons. These procedures fall into a variety of categories from the arguably unethical to the undoubtedly criminal. Although criminal laws prohibiting certain cosmetic surgeries have been in existence for approximately one hundred years, they rarely have been enforced. This article reviews the current status of both American and international "anti-cosmetic" statutes, focusing on the constitutional problems that the current American statutes raise. The article proposes a model federal statute that is constitutionally sound, addresses all forms of cosmetic tail procedures, and provides a vehicle for enforcement.
A NEW ERA IN HUMANE EDUCATION: HOW TROUBLING YOUTH TRENDS AND A CALL FOR CHARACTER EDUCATION ARE BREATHING NEW LIFE INTO EFFORTS TO EDUCATE OUR YOUTH ABOUT THE VALUE OF ALL LIFE
Lydia S. Antoncic
The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. If a society succeeds in this, that society is about to perish. The obligation of anyone who thinks of himself as responsible is to examine society and try to change it and to fight it—at no matter what risk. This is the only hope society has. This is the only way societies change.
VALUING COMPANION ANIMALS IN WRONGFUL DEATH CASES: A SURVEY OF CURRENT COURT AND LEGISLATIVE ACTION AND A SUGGESTION FOR VALUING PECUNIARY LOSS OF COMPANIONSHIP
Elaine T. Byszewski
Because it is exceedingly difficult to measure the value of "companionship" in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward "investment approach" to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals.
REACHING FOR JUSTICE: AN ANALYSIS OF SELF-HELP PROSECUTION FOR ANIMAL CRIMES
Jennifer H. Rackstraw
Although prosecutorial discretion is a firmly entrenched legal doctrine in the United States, such unbridled discretion impedes the vigorous and consistent prosecution of animal crimes. With an overwhelming incidence of animal cruelty and neglect crimes perpetrated in the United States every year, documented cases should not be passed over for prosecution due to a lack of empathy on the part of the prosecutor, a misplaced understanding of the seriousness of animal cruelty crimes, or a dearth of resources. To ensure that animal crimes are more vigorously and consistently prosecuted, citizens should take advantage of existing mechanisms that allow for public participation in the prosecutorial process, and strive to enact new legislative schemes to further facilitate the prosecution of animal crimes.
IN THE LINE OF FIRE: BROWN v. MUHLENBERG TOWNSHIP AND THE REALITY OF POLICE SEIZURES OF COMPANION ANIMALS
Denee A. DiLuigi
Ms. DiLuigi addresses a companion animal owners' rights under current law to bring and maintain an action for the unreasonable seizure of their companion animal by an officer as well as an action for the intentional infliction of emotional distress in light of the Third Circuit's recent decision in Brown v. Muhlenberg Township. Applying various legal doctrines, Ms. DiLuigi also explores potential legal arguments for future litigation stemming from an officer's execution of a companion animal.
MAKING THE CHANGE, ONE CONSERVATIVE AT A TIME: A REVIEW OF DOMINION: THE POWER OF MAN, THE SUFFERING OF ANIMALS, AND THE CALL TO MERCY BY MICHAEL SCULLY
A REVIEW OF MINDING ANIMALS: AWARENESS, EMOTIONS, AND HEART BY DR. MARC BEKOFF
2002 LEGISLATIVE REVIEW
Our fifth Legislative Review addresses the passage and defeat of federal legislative action in 2002 and highlights various proposed legislative action. Mr. Ryan Sudbury discusses the Farm Security Act, captive animal protections, an Act seeking to eliminate antibiotics in healthy farm animals, and the American Horse Slaughter Prevention Act. This section also includes a report from the Association of the Bar of the City of New York proposing an amendment to the Animal Welfare Act.