ALLUNY Annual MeetingOctober 1, 2010

Matt Morrison, Cornell Law School Library

Animal Law Defined Animal Categories and Areas of Law Legal History Developments Sources

The National Anti-Vivisection Society defines animal law as: “any legal issue that involves animals.”

They further state, “it is a combination of statutory and case law in which the nature of non-human animals, whether legal, social or biological, is an important factor.”

Agricultural—Livestock

Companion—Pets Wildlife—Roaming

the environment

Entertainment animals

Laboratory animals

With Examples

LIVESTOCK: Cattle, Horses, Sheep, Chickens, etc

COMPANION: Dogs, Cats, Horses, Gerbils, etc

WILDLIFE: Lions, and Tigers, and Bears (oh my..)

Entertainment Laboratory

Rodeo Racing Zoos and Exhibitions Circuses Staged Fights Hunting

Research, Testing, Experimentation

Cosmetics, Medicine Toxicity testing,

Dissection

Animal Law intersects with:◦ Torts◦ Property/Estates and Trusts◦ Commercial Law◦ Family Law◦ Criminal Law◦ Environmental Law◦ Sports & Entertainment Law◦ Constitutional Law

TortsProperty/Estates and Trusts

Dog bites Nuisance and property

damage Vet malpractice

Ownership and transfer of ownership

Patents Pet trusts

Commercial Law Family Law

Contract disputes◦ Buyers/Sellers◦ Performance Animals

Dealings with vets, kennels, etc (bailment)

Agriculture and food production

Product testing

Pet custody battles Pets involved in pre-

nups and divorce settlements

Criminal Law Environmental Law

Anti-cruelty statutes◦ Abuse, dog fighting,

vivisection Protective orders Defense of animal

advocates

Endangered species protection

Protection of habitat—clean water

Public lands management (wild horses, etc)

Sports & Entertainment Law Constitutional Law

Racing Animal Welfare—

circuses and exhibitions

Hunting—regulation of methods, species hunted, places where hunting occurs.

First Amendment protection of animal rights activists

Freedom of Religion—animal sacrifice, vegan diets of prisoners or workers.

Fourth Amendment issues when police shoot or confiscate pets.

Deep Roots Nuisance—the hog farm Strict Liability: for trespass by livestock, esp

onto crop fields Livestock Auctions and Sales Slaughter Regulation: Slaughtering was

done just off Wall St in NYC, but then ordered outside of city in 1676!

Early laws addressed cruelty First recorded prohibition of cruelty was in

1641 in the Massachusetts Bay Colony◦ Body of Liberties: “No man shall exercise any

tirranny or crueltie towards any bruite creature…”◦ Evolved from old English malicious mischief laws,

or perhaps public nuisance law 1800 saw attempts in England to ban bull-

baiting In 1822, the Ill Treatment of Horses and

Cattle Bill was approved in England.

Hunting and Property: Pierson v Post ◦ Famous 1805 property case from NY in which rights to

a hunted fox were in dispute. Court ruled that giving chase was insufficient to bestow right. But dissent disagreed saying hunters should be encouraged to rid countryside of “noxious beast[s]”

In late 1800’s Supreme Court upheld CT law regulating transport of game birds against Commerce Clause challenge.

In 1900, Congress passed Lacey Act prohibiting interstate trafficking in birds killed/captured in violation of state law.

Federal-State Tension

Hunting: English laws date to the 1300s and were geared toward maintaining privilege and prevention of depletion

American hunting law came later, although Virginia est’d a deer season in 1646.

Circuses/exhibitions were largely unregulated until the Animal Welfare Act of 1970. Rodeos and livestock are excluded from the AWA.

Bull-baiting was banned in England in 1822. Racing: exempt from the AWA; wagering regulated

starting in 1870s.

Began in 1870s England A physiologist’s lab assistant was disturbed

by what he saw and publicized the conditions.

Royal Commission on Vivisection was established with Queen’s backing.

Cruelty to Animals Act of 1876 was passed regulating vivisection and licensing labs.

Americans took note, states began regulating.

Where we came from…

Animals have been, and still are, regarded as property.

This notion intertwined with agrarian societies to benefit humans, and the law reflected this.

Bolstered by philosophy, tradition, and pragmatism:◦“Animals have no souls or minds”◦“We’ve always used them”◦“And using them works”

Views began to change…

Property rights shaped both the legal context of animals and human attitudes.

But, English jurist Jeremy Bentham was a catalyst for change in the 19th century.

He wrote: “The question is not, Can they reason? Can they talk? But can they suffer?”

The Ill Treatment of Horses and Cattle Bill of 1822

The Cruelty to Animals Act of 1876

In 1824, the Society for the Prevention of Cruelty to Animals was founded

In 1840, Queen Victoria allowed the SPCA to use the prefix “Royal.”

Some changes

In the 1800s, Britain still had significant intellectual influence in the States.

New York’s original anti-cruelty statute was in 1828.

In 1866, the American Society for the Prevention of Cruelty to Animals was founded.

The National Anti-Vivisection Society states it this way:◦ “the underlying philosophy of the law is this: that

animals merit the protection of the law only if and to the extent that such protection will not interfere with the interests of humans, which are considered to have more importance than the interests of animals.”

Humans: Unconditional protection Animals: Conditional protection based on

human needs and desires

The 20th century saw significant increase in anti-cruelty and animal welfare laws at the state and federal level.

There are significant federal laws aimed at wildlife and the regulation of slaughter and the movement of animals in interstate commerce.

While some underlying ideas have changed since 1800, many have not.

Law Schools:◦ Increasing number

of animal law courses and seminars

◦ Increasing animal law clinics: Duke has a good one

Practitioners:◦ More state and local

bars have animal law sections

◦ More attorneys are working on animal cases

ASPCA National Anti-Vivisection Society Animal Legal Defense Fund American Humane Association Animal Welfare Institute Humane Society of the United States—their

site provides solid coverage of federal and state statutes.

World Wildlife Fund

Animallaw.com Animal Blawg Animal Rights: The Abolitionist Approach Animal Legal and Historical Web Center

(Michigan State) Animal Ethics Blog Center for Wildlife Law (UNM) Center for Animal Law Studies (Lewis &

Clark) Pet-Abuse.com

Animals and the Law: A Sourcebook, by Jordan Curnutt

Animal Law: Cases and Materials, 4th ed., by Bruce A. Wagman, et al.

Animal Law: Welfare, Interests, and Rights, by David Favre

People, Property, or Pets?, by Marc D. Hauser, et al.

ANIMAL LAW REVIEW (Lewis and Clark) JOURNAL FOR CRITICAL ANIMAL STUDIES JOURNAL OF ANIMAL LAW (Mich. St.) JOURNAL OF ANIMAL LAW AND ETHICS (Penn) STANFORD JOURNAL OF ANIMAL LAW AND

POLICY