A Response to the Primary Right

Jeff Pierce

In his post on the Primary Right, Carter Dillard equates the right to be let alone with the right to be alone, as in, utterly and completely alone.  Up Carter’s sleeve hides an unspoken premise resembling something like this: the influence of other human beings, however minor, spoils my inalienable right to be ruggedly individual.

I characterize his conception of freedom as rugged individualism because the right to be alone feels unmistakably American.  Thoreau is lurking there, skipping stones with Herbert Hoover and Paul Ryan.  To call the right “primary” suggests it’s universal.  But if a Tembu South African or a Tembé Brazilian failed to recognize herself in this concept, the right to be alone is neither universal nor primary.

The right to be alone is distinctly American for another reason: Carter extracts it from a dissenting opinion Justice Louis Brandeis wrote in 1928.  This is the same Louis Brandeis who, while yet an attorney in 1890, sowed within American jurisprudence an entirely novel right when he published, with Samuel Warren, “The Right to Privacy” in the Harvard Law Review.

The Animal Law Circus

David Cassuto

There’s a story about a Canadian farmer who won a $100 million tax-free, lump sum payment in the Canadian lottery.  When asked what he would do with the money, he replied “I guess I’ll just keep farming until the money’s gone.”

Now, let’s talk about animal law.

Asian elephants are endangered.  Elephants in circuses are brutally mistreated.  In 2000, a lawsuit was brought under the Endangered Species Act, claiming that the elephants’ treatment by Feld Entertainment (parent of Ringling Brothers) violated the “No Take” provision of the ESA and should be enjoined.  In late 2009, following a lengthy litigation, a judge threw out the case after deciding that the former circus worker who was the lead plaintiff  lacked credibility, was paid for his testimony, and that there was therefore no standing for the plaintiffs to sue.  The decision was a travesty on many levels (some of which I’ve blogged about elsewhere).  Perhaps most disturbing was the fact that the treatment of the elephants became wholly ancillary to a ridiculous debate about people. 

The Ag-Gag World — Where Victimizers are the Victims

David Cassuto

We’ve spent considerable blawgwidth here on Ag-Gag laws, with more doubtlessly to come.  Recently, I’ve been asked to speak and blog about the issue a fair bit and from that emerged the following post.  It is or will be posted in some places where people are less familiar with the issue.  (I’ll update with links)

Agricultural animals are not covered by the federal Animal Welfare Act.  Many states also exclude them from their anti-cruelty laws.  As a result, they have virtually no legal protections and spend their short lives in horrific misery before being turned into salable flesh (or, in the case of laying hens, into compost).  However, there are a few federal regulations that still apply and some states do not exempt them from cruelty protections. The most powerful force for animal protection, though, is public outrage.  Most people do not know how animals are treated in agriculture and are outraged when they learn.  Consequently, activists sometimes chronicle some of the more egregious abuses in undercover videos.  The videos themselves document everything from standard procedures in factory farms to deliberate, conscience-shocking acts of sadism.

Faced with these abuses, how have state legislatures reacted?  By turning the videographers into criminals.  People who expose the animal abuses now face draconian penalties and felony status.  So-called “Ag-Gag” bills have become law in a dozen states with several more poised to make the leap.  Under one proposed law, named the Animal and Ecological Terrorism Act  (you can’t make this stuff up), those convicted of documenting animal abuse at agricultural facilities would potentially face felony charges and have their name added to a “terrorist registry.” 

New Jersey Takes Steps Towards Stronger Animal Laws

Seth Victor

In a move to join Arizona, California, Colorado, Florida, Maine, Michigan, Ohio, Oregon, and Rhode Island, the New Jersey Assembly passed a bill 60-5 last Thursday to ban gestation crates for pigs. A similar bill already having passed in the state senate 35-1, the measure now awaits Gov. Chris Christie’s signature. Though a progressive step forward for animal protection, the bill, while giving a thorough definition of the kinds of confinement banned, still allows for the common exceptions. Gestating pigs can still be confined for “(1) medical research, (2) veterinary examination, testing, individual treatment, or an operation, (3) transportation of the animal, (4) an exhibition or educational program, (5) animal husbandry purposes, provided the confinement is temporary and for no more than six hours in any 24-hour period, (6) humanely slaughtering of the animal in accordance with the laws, and rules and regulations adopted pursuant thereto, concerning the slaughter of animals, and (7) proper care during the seven-day period prior to the expected date of the gestating sow giving birth.” While there is a rational basis for all of these exceptions, broad ones such as “veterinary examination” seem ripe for abuse (or at least a defense), and animal testing gets its typical pass with the “medical research” caveat. Still, there is a disorderly persons misdemeanor where once there was none, and groundwork to phase out a particularly thorny issue in CAFOs.

Veganism = Religion?

Spencer Lo

When one considers the idea of ‘veganism,’ the notion that it is a religion—one relevantly similar to traditional religions—may strike some not only as obviously false but also absurd. Isn’t veganism (obviously) a diet at the very least or a philosophy at best? What does it offer on the ‘big questions’ usually associated with religion, such as those pertaining to the origin of the universe, the after-life, supernatural beings, and the human soul? Most people I’m sure, including vegans, do not consider veganism to be a religion as such, even though it may be required or encouraged by certain religions.

However, as illustrated in a recent lawsuit in Ohio, it turns out that veganism could qualify as a religion under federal anti-discrimination law. Professor Sherry F. Colb explained the ongoing case in her recent piece. Sakile Chenzira, a former customer service representative at a hospital, refused a mandatory flu shot (produced in chicken eggs) because it conflicted with her convictions as an ethical vegan, which resulted in the termination of her employment. She then sued the hospital alleging that the firing constituted religious discrimination under Title VII of the 1964 Civil Rights Act (“It shall be an unlawful employment practice for an employer…to discharge any individual…because of such individual’s race, color, religion, sex, or national origin.”). In a ruling denying the hospital’s motion to dismiss, the federal district court judge held that Chenzira’s claim may actually have merit.

9th Circuit Continues to Rubber Stamp Illegal Whaling

Stephen O’Donohue

 On February 25th, the Court of Appeals for the 9th Circuit reversed a district court’s order denying the Japanese whaling fleet’s preliminary injunction and dismissing its piracy claims.  The Institute of Cetacean Research kills thousands of whales every year in the Southern Ocean under the pre-textual guise of “research,” despite the uncontested fact that the whale meat is sold for human consumption.  Despite a moratorium on whaling, the International Convention for the Regulation of Whaling allows its member nations to issue whaling permits for research purposes.  The Sea Shepherd Conservation Society, lead by ex-Greenpeace member Paul Watson, operates a number of vessels whose purpose is to disrupt the whaling efforts of the Japanese fleet.  Sea Shepherd employs tactics such as disabling boat propellers, firing smoke canisters at whaler decks, and ramming whaling vessels.  Sea Shepherd justifies its actions by arguing that no government will enforce the whaling moratorium, therefore they are doing so on behalf of the whales.  This struggle is the subject of the Discovery channel television show, Whale Wars.

Animal Blawg Links 3.15.13

Spencer Lo

One (unfortunate) reality of blogging, especially for a slow writer like myself, is that it’s impossible to write about everything one reads, and yet there is so much important information and valuable perspectives to share. So from time to time (perhaps weekly), in lieu of my regular manner of blogging, I’ll simply offer quick links of articles, podcasts, videos, etc., that I’ve found worth examining—and hope others will too. Enjoy!

Can Farming Rhinos Save the Species?

Seth Victor

Kevin Charles Redmon poses an interesting thought: can farming the horns of African rhinoceroses save the species? The horns of the rhinos are used throughout the world, from dagger handles to medicine. Though the animals are endangered, and protected under CITES, there is a lucrative black market business in poaching, especially when the horns fetch $65,000 a kilo; “demand for horn is inelastic and growing, so a trade ban (which restricts supply) only drives up prices, making the illicit good more valuable—and giving poachers greater incentive to slaughter the animal.” Poachers aren’t overly concerned with the long-term extinction risks of their prey. The focus is on the immediate value. Because the activity is illegal, timing is of the essence, and it’s apparently easier to kill and harvest the rhinos versus tranquilizing and waiting for them to go down. What if, Redmon wonders, we were to harvest the horns (they re-grow over time) by placing rhinos in captivity, guarding them well, and introducing a sustainable horn supply that doesn’t kill the rhinos?

Animals Are Biggest Losers in Sequestration

Seth Victor

As reported by Mother Jones, there is a lovely outcome to the government’s sequestering: “The Food Safety and Inspection Service’s budget would be slashed by $51 million. This would result in a furlough of as much as 15 days for all employees, including 8,400 meat inspectors, as well as a loss of 2 billion pounds of meat, between 2.8 and 3.3 billion pounds of poultry, and over 200 million pounds of egg products. Meat shortages may also lead to price increases, leading to a domino effect on restaurants, grocers, and small businesses. There are also concerns that food safety ‘could be compromised by the illegal selling and distribution of uninspected meat, poultry, and egg products.’”

Or, as author Lemony Snicket might phrase it, “The news reported that there was going to be a loss, a word that here means ’13 million cows and over a billion chickens were killed for no use at all, because a bunch of people were busy fighting over other things, like how much money they could spend on themselves.’”

Spectating at dogfights: Still legal thanks to…rodeo?

Kathleen Stachowski      Other Nations

Can you think of one animal species with whom you’d willingly trade places? Me neither. It’s a bum rap to be a nonhuman animal in a speciesist world, and here in Montana, brutality toward animals is a way of life. Just ask the bobcat thrashing in a trap, the calf viciously clotheslined by the neck in a rodeo roping event, or any coyote who’s the object of a killing contest. “We’re at your mercy,” they might tell us, “and mercy went missing a long time ago.”

On Valentine’s Day, the 200th wolf was killed in the state-sanctioned slaughter (track here), designed to reduce–by projectile and by trap–a population of 600-some animals–even along national park boundaries.  

Ag-Gag Panel at iV– Ivy League Vegan Conference

David Cassuto

For those of you in the New Haven area today, please join me at iV, the Ivy League Vegan Conference.  It looks like a very interesting day.  I am on a panel about Ag-Gag laws.

Legal Issues with California’s Foie Gras Ban

Seth Victor

Late last month PETA filed a suit against Hot’s Restaurant Group in Los Angeles County, CA, alleging that the defendant violated the California state law that went into effect earlier this year prohibiting the sale of foie gras. The essence of the complaint is that Hot’s Kitchen, the specific restaurant in question, has skirted the law by selling a hamburger for an increased price and including with the hamburger a “complimentary side of foie gras.” Being that foie gras is sold legally at gourmet restaurants around the country for a pretty penny, on its face Hot’s seems to be blatantly rebelling against California’s ban, taking a position common among many restaurant owners. Taking the ethical debate over foie gras (ahem) off the table for a moment, is what Hot’s Kitchen doing illegal?

Sheep (and ranchers) Find No Home on the Range

Seth Victor

From the tone of the NY Times article, John Bartmann doesn’t sound like a bad man. Though some readers might demonize him because he is involved in animal farming, this isn’t the CEO of a major industrial producer, and it would be inaccurate to lump him in under the same heading. I expect Mr. Bartmann knows a thing or two about sheep husbandry, and likely has his own grievances with the CAFO industry. Still, his plight is indicative of the complicated issues surrounding modern farming, and is not free from critique. The decline of the modern rancher, especially in the drought of 2012, highlights many of the problems with food in the United States, through both animal and environmental perspectives.

Michigan dog fighting penalty increases

Seth Victor

As reported by the Detroit News, the Michigan legislature recently voted to increase the penalty for dog fighting. By finding dog fighting to be an organized criminal enterprise, the legislature has made it possible for dog fighting violators to be charged with racketeering, punishable by up to 20 years in prison. Additionally, the property (real and personal) in question could also be confiscated as a nuisance if the House approves the bill. The racketeering classification amendment to the law is expected to be signed by Gov. Snyder soon. As the bill analysis reads:

Under the code, racketeering is defined as committing, attempting to commit, conspiring to commit, or aiding or abetting, soliciting, coercing, or intimidating a person to commit an offense for financial gain that includes any of the listed criminal acts. The bill would amend this list to include a violation of Section 49, concerning animal fighting.

 The bill proposal puts it bluntly; “Simply put, animal fighting is animal abuse on steroids.” By moving this crime into the same category as other criminal enterprises, Michigan is recognizing the vast infrastructure behind animal fighting rings. The amendment to the law will also allow prosecutors to go after repeat offenders in a more meaningful manner, rather than having to separately prosecute individual cases that carry less significant penalties. There is a concern that property seizure based simply on an allegation of such abuse might be extreme, and that is an aspect that certainlyshould  be  carefully considered in each case. Overall, this bill marks a considerable step towards greater penalties for animal abuse, and one that isn’t as particularly tailored as last year’s Schultz’s Law.

Animal Law Lecture at the Public Prosecutor’s Office in Santa Catarina, Brazil

David Cassuto

Our hero is lecturing on Animal Law next week at the Public Prosecutor’s Office (Ministerio Publico), Florianopolis, Brazil.   See you there?

Why International Trade is not Dolphin Safe

Seth Victor

You may have your own opinions about the World Trade Organization (WTO), whether positive or negative. Regardless, the WTO wields influence over imports and exports worldwide. As we have discussed at length on this blawg, animals are commodities, and thus the policies of the WTO are important when considering animal rights.

Over the last several months the WTO has taken issue with dolphin-safe tuna. To summarize what is a long and involved debate, since 1990 the United States has provided labels specifying whether dolphins were killed (though ”harmed” isn’t covered) through the harvesting of tuna to be sold in the U.S. market under the Dolphin Protection Consumer Information Act (originally the labels really meant that purse seine nets, the type that often harm dolphins, weren’t used). Mexico, via a complaint to the WTO, claimed that these dolphin safety measures unfairly impeded Mexico’s tuna trade. The WTO agreed, and ruled that the dolphin-safe labels are “unnecessarily restrictive on trade.”  This ruling comes out of one of the core principles of the WTO’s policy of non-discrimination. Under the doctrine of “the most favoured nation” all WTO countries must extend to each other the same trade advantages as the most prefered trading nation would receive. National equality also states that foreign traders must be treated the same way as domestic traders. When you consider the long history of violence and discrimination associated with international trade, including the United States’s own origins, this is sound policy. Yet as always, the devil is in the application.

Summer Intern Position w/Compassion Over Killing

David Cassuto

Heads up, law students:

From the email . . .

SUMMER LITIGATION INTERN POSITION

Compassion Over Killing (COK) is seeking Litigation Interns for Summer, 2013 (unpaid). Compassion Over Killing is a national nonprofit (501(c)(3)) animal advocacy organization. Working to end animal abuse since 1995, COK focuses on ending and preventing cruelty to animals in agriculture. The 2013 Summer Litigation Interns will work with COK’s Legal Advocacy Program in our West Coast office in Torrance, California.

The Summer Litigation Interns will work on litigation projects aimed at protecting farmed animals; most of these projects are plaintiffs’ litigation. These projects will likely employ a variety of legal theories, relating to areas such as state criminal cruelty laws, false advertising and unfair competition laws, tort liability, environmental protection laws, administrative law, tax, and corporate law. The interns will have opportunities to research new projects as well as assist heavily with ongoing projects. They will work closely with Compassion Over Killing’s general counsel.  

Talking Ethics and Factory Farming

David Cassuto

Great symposium at South Texas College of Law last week on animal law and ethics.  Many thanks to Professor Fran Ortiz for putting it together.  Here’s the full lineup and, if you want to stream my lecture, you can click below (although I don’t know how long the link will be live).

Cassuto: Environment, Ethics & the Factory Farm

North Dakota Votes Against Animals

Seth Victor

In what must be a move of Dakotan solidarity, the people of North Dakota voted last week against Proposition 5, which would have  made it a class C felony, punishable by incarceration, “to maliciously and intentionally harm a living dog, cat or horse.” There would have been the typical exceptions for veterinarians, hunters, scientists, and, of course, agriculture workers. This is a measure aimed at domestic pets, which would have enforced against instances akin to Michael Vick’s dog torture. Nevertheless, 65.4% of voters opted to have North Dakota remain with South Dakota as the only two states in the nation without animal cruelty felonies.

Interestingly, this comes in the same election when three states approved same-sex marriage, a measure in nearby Minnesota to outlaw same-sex marriage was voted down, and recreational marijuana was legalized in two states. Additionally, within North Dakota, voters opted to ban indoor smoking in the workplace by a 2-1 majority, but also voted 2-1 for a measure that bans any law that would abridge farmers and ranchers from employing their own industry practices. It seems that while we as a nation are in a piecemeal fashion expanding the liberties of our own species, animals are clearly still an “other” that do not receive the same considerations. The vote on the smoking measure in a state that is traditionally wary of government intervention shows that individuals do not have an absolute right to do what they want to the detriment of others, but efforts to extend that same logic to establish animals as something more than property remain trapped in our legal schizophrenia. I can grasp the reasoning behind the farmed animal vote; established industry, I expect, advertised, lobbied, and campaigned more effectively to keep the status quo. Why anyone in 2012 would want to keep torture to companion animals punishable only by a slap on the wrist, however, is beyond me.

NYC Legislation Passed: Restrictions on Tethering & Increased Dog License Fees

Matthew Paul

Local Law Amendment Int. No. 328-A and Int. No. 425-A where both passed into law on March 9^th, 2012.  Int. No 328-A: Increase in NYC Dog License Fee dictates that the dog licensing fees within the confines of New York City will be boosted increased from $11.50 to $34.  The additional fees will be transferred to the New York City Animal Population Control Fund, where the money will be used to alleviate the costs associated with spaying and neutering.  While, Int. No. 425-A: Tethering Dogs changes the tethering laws by implementing a ban on tethering animals outside for more than three hours per day.  The reasons sited for catalyzing the law include the aggressive behavior, depression, and anxiousness many dogs exhibit as an effect of long sessions of tethering.

Ag-Gag Laws: Terrorists, Extreme Vegetarians, Crazy Vegans and Our Right to Freedom of Expression

Ally Bernstein

 Terrorists, extreme vegetarians, crazy vegans… is that what they are calling us now? That is certainly what Senator David Hinkins, the Sponsor of Utah’s bill H.B. 187 that prohibits trespassing, photographing, or filming at agriculture operations said about the people opposing the bill. In defense of the bill, he argues the bill is aimed at “the vegetarian people” and “crazy vegans” who “are trying to kill the animal industry” referring to animal welfarists and those concerned with dredging out the truth about the agriculture industry as “terrorists.”

Sorry Senator Hinkins, but I don’t think that is what us “vegetarian people” are doing. Last time I checked, the vegetarian, vegan, and animal welfare movements were hinged on notions and principles such as cruelty free, environmentally friendly, and a reduction of harm and suffering for all species. The advancement of our movement has never been achieved by terrorist tactics such as fear inducing threats, punishment for exposing the truth, and suppressing people’s rights. It is a far stretch of the imagination to compare the animal welfare movement to a terrorist movement considering our mission is to end the suffering of species beyond our own.

Shark Week

Allen Shiu

 In August, Discovery Channel ran its 25^th Shark Week Special. This week-long television tribute to sharks has generated quite a cult following in recent years. Originally intended to raise awareness for sharks, it has now evolved into a video montage of Jaws’ Greatest Hits. While the hazards of tangling with “Bruce” certainly shouldn’t be trivialized, who is really doing the killing?

It’s estimated that as many as 73 million sharks are killed annually by long line fishermen for a bowl of soup. Long considered a delicacy in Chinese cooking, shark fin soup was once a dish reserved only for royalty. The soup itself tastes of nothing. Almost like plain rice noodles and while the broth is certainly good, the fin itself adds nothing. This symbol of status can now be bought for upwards of $400 in upscale restaurants making it one of the most expensive soups in the world. This strive for status has contributed to the decimation of 95 percent of the species since the 1970s. Unfortunately, the number of sharks being killed for what amounts to 3 percent of its body is not what is most appalling.  In probably one of the most barbaric and wasteful acts committed by human beings, hooked sharks have their fins sliced off, while they’re still alive. The actual meat of the shark however has little or no value to fisherman. What’s left of the shark, still wriggling in agony, is generally dumped back into the water where the shark will eventually drown.

Myths, More than Traditional Medicine, Driving Rhino Slaughter

 Andrew C. Revkin

x-post from Dot Earth

Rhino horns seized by Customs in Hong Kong

Rhinoceros populations from Asia through Africa are plummeting in the face of burgeoning illicit trade in their horns, much of it driven by myths promoted by criminal smuggling syndicates and targeting the new wealthy in China and Vietnam. The Green blog and Dot Earth have explored these issues, but it’s worth a slightly deeper dive, here provided in a “Your Dot” contribution from Matthew Wilkinson, the founder and editor of the informative Safaritalk blog.

Here’s an excerpt and link to the full essay by Wilkinson, which I’ve posted via Slideshare.net:

Matt Wilkinson: As someone who devotes his days to highlighting wildlife conservation in Africa, when I’m asked to name my greatest concern, without hesitation I say the poaching onslaught devastating rhinoceros populations. With so many pressing problems besetting wildlife and the environment, why this one issue over and above everything else? The answer is shaped by the shocking way in which the rhinos are killed and their horns removed, the widespread myths fueling the recent poaching escalation and the apparent inability of governments to tackle this massive problem with anything approaching competence.

When Carnivores Become Neighbors

David Cassuto

With apologies for the late notice, if you’re in Westchester this evening, please join us:

 

 

Examining the Legal Protections of Animals Used in Entertainment

David Cassuto

From the email — looks like a very interesting program:

On October 17, 2012, the DePaul University Center for Animal Law in Chicago, Illinois, will host “Examining the Legal Protections of Animals Used in Entertainment.” This daylong symposium will feature panels on the legal protections accorded to animals used for entertainment purposes, such as in movies, television, zoos, circuses, and racing. These areas will be examined through a filter of ethical responsibilities involved in using animals for entertainment, legal liability for the misuse of animals, the history of the field of animal law in entertainment and what happens to animals after they “retire.”

 Our lunchtime speaker Professor Gary Francione will deliver the keynote address, “Animals as Property: The Challenges of Animal Law.” One of the most well-known figures in the modern animal rights movement, he is the author of six books, most recently The Animal Rights Debate: Abolition or Regulation? Other speakers will include Christine Dorchak of GREY2K USA, Karen Rosa of the American Humane Association Film and Television Unit, Sheriff Matt Lutz of the Muskingum County Sheriff’s Office, and Will Travers of the Born Free Foundation. 

Ohio Exotic Animal Law

Matthew Paul

Just over a week ago, Ohio’s new exotic animal law went into effect.  The crux of the law bans Ohio citizens from the buying, the selling, and the transfer of ownership of all exotic animals.  The urgency of the new law was catalyzed by last year’s release of over 50 exotic animals many of which were extremely dangerous; the bill is directed specifically on curbing the ownership of aggressive animals including lions and tigers.  The new law – Senate Bill 310 – also prevents the deliberate release of exotic animals, the abstraction of microchips, and the amputation of both their teeth and claws.  While people who currently own exotic animals will be grandfathered in to the new law – and allowed to keep their animals – owners must registered any and all animals within the first two months of the bills adoption.  Current owners must also put up signs on their land to inform the community of the potential danger.

Employment & Scholarship Opportunities at ALDF

David Cassuto

From the email — opportunities for students and recent grads at ALDF:

The Animal Legal Defense Fund (ALDF) has some great opportunities available right now that I thought you might like to share with your students.

First, we are hiring a Litigation Fellow (JD required within last three years) to begin immediately. This position will last roughly one year. The application deadline is Oct. 15, 2012.

We are also hiring Litigation Fellows to begin in fall 2013, which means current third-year students can apply. These positions will last roughly two years, and the deadline to apply is Oct. 20, 2012.

Finally, we are awarding ALDF Advancement of Animal Law Scholarships to outstanding members of our Student Animal Legal Defense Fund (SALDF) chapters this fall. The application deadline is Oct. 15, 2012. Active SALDF members who are committed to animal protection and the field of animal law are encouraged to apply.

Bullfighting: Justifying Cruelty with Tradition

Spencer Lo

The judges on France’s Constitutional Council, a 9 member body, ruled yesterday that bullfighting does not contravene the constitution, rejecting a challenge by the animal-rights group CRAC who seeks to ban the practice nationwide. Although bullfighting is prohibited in certain parts of France, the tradition has remained popular in the south – particularly in the Nimes and Arles areas – for the past 150 years. Professor Diane Marie Amann offered a brief analysis of the Council’s ruling here. CRAC contended that an exception contained in the country’s criminal code which explicitly protected bullfighting—if it occurs in regions “where an uninterrupted local tradition can be invoked”—violates equal protection principles (“The law…must be the same for everyone, with respect to protection as well as to punishment”). In other words, because bullfighting is prohibited in some areas on animal cruelty grounds, the same practice should be prohibited everywhere, otherwise unequal treatment would result. Rejecting this argument, the judges affirmed the tradition exception as constitutionally permissible. But the decision raises the obvious question, what’s so special about tradition? Why should entrenched cultural traditions, however humanly significant, take precedent over the welfare-interests of animals?  

What to Do with the Doo Doo?

Brittany Taylor

Should we make a big stink about dog waste? The Citizen’s Committee for New York City sure thinks so. The organization has committed grant money towards composting stations that would turn New York City’s dog waste into a resource. According to the New York Post, there are 2 million dogs located in New York City producing about 275,000 tons of poop per year. This means that instead of being wasted in a landfill, the poop would be used as fertilizer for grass in multiple locations. The Citizen’s Committee for New York City was inspired by dog waste composting programs in Ithaca, New York and Cambridge, Massachusetts, where in one case the compost was used to produce electricity!

The Citizen’s Committee for New York City is creatively dealing with a problem that plagues many New York City residents, what to do with the doo doo. The composting program is both innovative and advantageous to New Yorkers. The amount of poop sent off to landfills will be decreased, as well as the plastic baggies that are used to pick the poop up. Dog waste left on NYC sidewalks is a common problem and poses health hazards. New York City passed the “Pooper Scooper Law” back in 1978, which proves difficult to enforce, as a police officer must be present at the scene of the crime. With any luck dog walkers will feel more inclined to scoop their dog’s poo, as it will now be a beneficial resource to the community. The Citizen’s Committee for New York City hopes to have some of the composting stations up and running by the end of the year.

Michael Vick, Five Years Later

Stephen O’Donohue

On August 24, 2007 Michael Vick plead guilty to one count of Conspiracy to Travel in Interstate Commerce in Aid of Unlawful Activities and to Sponsor a Dog in an Animal Fighting Venture, in violation of 18 U.S.C. 371.  U.S. District Judge Henry E. Hudson sentenced Vick to twenty-three months in prison.  Vick admitted to  organizing and running a dog fighting enterprise known as “Bad Newz Kennels,” where he oversaw not only the dog fights themselves (which often led to the death or maiming of at least one dog) but also admitted to directly participating in the killing of many dogs by hanging or drowning.  Vick served his sentence, and upon release performed a token amount of public service work and promptly returned to the NFL as a quarterback for the Philadelphia Eagles, where he is still so employed.

The initial widespread condemnation of Vick’s conduct was, I believe and hope, a reflection of our society’s heightened value for the well being of animals.  Sponsors dropped Vick immediately, as did his former team, the Atlanta Falcons.  There was no place for him in our accepted culture.  Currently in 2012, however, Vick is still controversial but not  

The Art of Killing–for Kids

Spencer Lo

In our culture, the moral divide between humans and animals is sharp in numerous areas, but perhaps most consciously so in one: the sport of hunting. Since the activity involves consciously deciding to kill another sentient, sensitive being, the issue of inflicting suffering and death cannot be avoided, at least for the hunter. At some point every hunter will inevitably confront unsettling questions: Is my having a good time an adequate moral reason to deliberately end an animal’s life? Should I be concerned about my prey’s suffering, as well as the resulting loss for his or her family? These reflective questions, and many others, will now be asked by New York youths (ages 14-15) this Columbus Day weekend during a special deer hunt planned just for them. Armed with either a firearm or crossbow, junior hunters will be permitted to “take 1 deer…during the youth deer hunt”—no doubt in the hope that the experience will enrich their lives. A hunting enthusiast once observed after a youth hunt, “I’ve never seen a [9-year old] kid happier…We were all the better for it.”  

The Lack of Ethics in Animal Ethics Committees

Spencer Lo

Like factory farming, animal experimentation is an entrenched practice, one which causes extensive suffering to millions of animals per year despite the poor justification in terms of human benefits. Bioethicist Dr. Andrew Knight, author of the book “The Costs and Benefits of Animal Experiments,” discussed the ethical problems of animal experimentation and related issues over at ARZone (see also here). Because of the problems with justification, a welcome development is the continuing search for alternatives to animal testing, and animal ethics committees (AECs) set up to scrutinize research proposals are required to consider such alternatives before granting approval, as part of their mandate to ensure compliance with the 3Rs—the principles of Reduction, Refinement, and Replacement. In Australia, for instance, a guiding principle in the Australian Code of Practice is to “promote the development and use of techniques that replace the use of animals in scientific and teaching activities.” The Replacement Principle gained further strength in 2008 with the following guideline: “if a viable alternative method exists that would partly or wholly replace the use of animals in a project, the Code requires investigators to use that alternative.” Thus, at face value, it appears that animal experimentation can be carefully scrutinized and suffering minimized, with animal use permitted only for the most important reasons.  

Kansas State Fair’s Restrictions on PETA are Upheld

Adonia David

It is state and county fair season.  Speaking as a born and bred Midwesterner, I can say that for many of us, there is a bit of magic associated with them. Fairs are hot summer days and evenings, cotton candy, roasted corn, and the sound of cicadas floating high above the tumult.  Fairs are ferris wheels and other scary looking rides set up by carnies overnight that look as though they may tumble to the ground any moment.  And fairs are animals.  Animals – the glory of a state fair: cows and calves and bunnies; goats and pigs; chickens of all shapes and sizes and plumage.   The animals are beautiful.  Many are gentle, hand-raised by children in 4H, and many of them are destined for slaughter.   Just what this death involves seems to be generally ignored by fair-goers.  It disturbs the magic.

Felony Conviction for Factory Farm Animal Abuse

Seth Victor

This week Brian Douglas was convicted of felony animal cruelty in Hoke County, North Carolina, and was sentenced to 30 days jail, and nearly four years probation. Mercy for Animals has hailed this conviction as “the first felony cruelty to animals conviction related to birds used for food production in US history.“ Other related defendants’ cases are pending. Since the investigation into the abuse commenced last December, Butterball has maintained that as an organization it does not condone animal cruelty. Although my search for “animal rights” or “felony” did not turn up any results on Butterball’s website, the self-described largest turkey supplier in the United States does have a slide show demonstrating the love and affection each and every bird receives. I particularly enjoy the image of a mother and son handling a poult with the text, “Our turkeys need the proper care and attention from the start. This concept of well-being is essential in order for the birds to grow and thrive.” It’s true. I’m sure the turkeys do need that care. Whether they actually get it is the question. Butterball also states that “Regular veterinary exams monitor for diseases and help to ensure the health of flocks.” Again, true, but would these be the same veterinarians that tip-off Butterball prior to a police raid? Some people are skeptical.

Third World Congress on Bioethics & Animal Rights

David Cassuto

Via the Lewis & Clark website (I’m blushing here):

Animal Law Authors Honored at World Animal Rights Conference

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On August 22 – 25, 2012, The Abolitionist Institute for Animals (IAA), in partnership with the Federal University of Pernambuco and Federal University of Bahia will hold the Third World Congress on Bioethics and Animal Rights.

The Congress, which will take place in Recife, Brazil, will feature scholars and activists from all over the world.  In addition, there will be a special panel and ceremony recognizing Professors David Cassuto, David Favre, and Steven Wise. These scholars will be awarded the title of Lifetime Member of the Institute in honor of their important work in the struggle for animal rights.  Favre, Cassuto and Wise will join the select group of lifetime members of the IAA, including Edna Dias Cardoso, Marly Winkler, and the founders of the IAA, Heron Gordilho, Luciano Santana and Laerte Lavai.

Animals Can Be Victims, Too

Seth Victor

Rather than regurgitate Scott Heiser’s words, I encourage you to read ALDF’s post about State v. Nix, in which the Oregon appellate court held that individual horses count as separate victims, reversing a trial court holding that multiple abused horses merged into a single count of animal abuse. As the post mentions, this is a very exciting case, and will be very useful persuasive law for cases across the country.

Foie Gras, with Hollande-aise Sauce

Seth Victor

Recently French President François Hollande pledged to fight California’s ban on foie gras. How he plans to do this, I am not sure, and the president himself has admitted that he cannot fight the law directly. Fearing that California’s legislation will encourage other states and, perhaps closer to home for the new leader, other EU countries to implement similar laws, he vows to use free trade treaties to continue to export this traditional French product while “bombard[ing] US political leaders with gifts of foie gras ‘for their own great enjoyment.’” How kind of him.

Hog Wild: Where Florida Hogs Can’t Catch a Break

Seth Victor

Population control is a powerful justification. If a species has outgrown its habitat, the population needs to be managed, lest the over-abundance of animals wreak havoc on the natural environment. And if that habitat wasn’t destroyed by the animals, but instead was converted into pools and condominiums, limiting the range of the animal, it seems that the solution remains the same.

I don’t intend to discuss the hypocrisy of population control as a whole just now. I bring it up, however, because the way in which it is done is of great concern. The problems with wolf hunts have been covered extensively in this blawg. Recently, their ranks of the persecuted have been joined by a perhaps unlikely bedfellow – hogs.

Taking the Teeth out of Animal Fighting

Seth Victor

Oh, Magoo, you’ve done it again. And by Magoo, I of course mean New York, which as a state is doing a fine job staying on the forefront of advances in animal law. Recently the state assembly passed this nice new bit of legislation, which makes it a class B misdemeanor to possess, with the intent to use, animal fighting paraphernalia. That’s up to 90 days in jail upon conviction. Certain items such as breaking sticks and fighting pits are specified and defined, but there is also a catch-all provision for “any other instrument commonly used in the furtherance of pitting an animal against another animal.”

I like the idea of going after the materials used in animal fighting. It’s one of the more preventative measures I’ve seen. Prosecuting dog fights is all very important, but those animals are often far too damaged at that point. With this kind of approach, the fighting rings can be shut down before they happen. The mens rea will prevent wanton application of the law. Hopefully showing intent will not be too big of a hurdle for the courts. Then again, I’m not sure what else a “cat mill” could be used to do.

Meat Animals, Humane Standards Other Legal Fictions

… is the title of my forthcoming essay in Law, Culture & the Humanities (a special issue on Law & Food).  Get it here.

Here’s the abstract:

Law and food are distinct concepts, though the discipline (Law and Food) implies a relationship worthy of study.  The conjunction (“and”) creates meaning.  However, its absence also conveys meaning.  For example, “meat animal” suggests that animals can be both meat and animal.  This conflation has powerful legal