NYS Bar Association Animal Law Writing Competition

David Cassuto

Attention Law Students:

ANNOUNCEMENT OF THE 2014 NEW YORK STATE BAR ASSOCIATION COMMITTEE ON ANIMALS AND THE LAW STUDENT WRITING COMPETITION

The Committee on Animals and the Law of the New York State Bar Association is very pleased to announce the Seventh Annual Student Writing Competition.  The deadline for submission is July 1, 2015.

The Committee on Animals and the Law was established to provide information resources for the New York State Bar Association’s members and the public about non-human, animal related humane issues, which arise from and have an effect upon our legal system.  This competition seeks to foster legal scholarship among law students in the area of animals and the law.  This competition provides law students with an incentive and opportunity to learn more about this area of law.

Law students (which include J.D., L.L.M. Ph. D., and S.J.D. candidates) are invited to submit to the Committee on Animals and the Law an article concerning any area of Animal Law.  All submissions will be reviewed by a panel of attorneys and other professionals practicing or otherwise involved in animal law.  The winner will be chosen in accordance with the attached rules.  The first place winner will receive $1,000. and a certificate of achievement.  The second place winner will receive $500. and a certificate of achievement.

NY SALDF Symposium

Andrea Rodricks

2015NYSymposiumJoin us for the 2015 SALDF New York Animal Law Symposium! The symposium is presented by the SALDF chapters of Pace Law School, CUNY School of Law, Columbia Law School, Yale Law School, Brooklyn Law School, and NYU School of Law, and is sponsored by the Animal Legal Defense Fund (ALDF). Register at http://www.brownpapertickets.com/event/1364349.

When: Saturday, April 18th, 2015 from 8:00 AM to 7:00 PM.

Where: Pace Law School
78 North Broadway
White Plains, NY 10603

Please join us for the first regional symposium of the New York area SALDF chapters. The symposium’s main topic is ag gag laws and factory farming, with a bonus “Hot Topics in New York” panel, which will include issues relating to carriage horses and captive exotics.

Featuring many ALDF speakers, including Director of Legislative Affairs Chris Green, Litigation Fellow Jeff Pierce, Of Counsel Justin Marceau, and Manager of Investigations T.J. Tumasse, Professor David Cassuto, and many more esteemed speakers from animal law related fields. For a complete list of speakers and the most up to date panel information, please visit our Facebook page at https://www.facebook.com/events/343435589190374/.

Ringling Bros. Retires Circus Elephants

Seth Victor

As many of you may have already heard, Ringling Bros. is retiring elephants from its act and focusing on caring for elephants in a conservation center. Wayne Pacelles of HSUS described this move as a “Berlin Wall moment for animal protection,” and attributed the change to the evolving public opinion surrounding animal welfare, including the outcry that came on the heels of Blackfish and the treatment of orcas at Sea World. The termination of elephant performances has been long-sought by PETA.Photography-Elephant-Wallpapers

The media reaction, perhaps unsurprisingly, is a bit divided regarding Ringling Bros’s decision. An op-ed in the New York Post believes that the circus’s “craven capitulation to PETA will only embolden zealots to agitate for elimination of all circus animals — if not eventually to bestow upon all living creatures the same “inalienable rights” as humans,” and goes on to state that without exposure to animals via a circus, most people will not form a connection with the animals, and will thus not care to save them in the wild. The L.A. Times also notes that many people feel the elephants are an iconic part of the joy of the circus. Meanwhile op-eds in the New York Times range from echoing the Post to refuting the sentiments of the circus sympathizers. Continue reading

District Court Upholds the Right to Sell Foie Gras

gaggle-of-geeseSeth Victor

The blawg previously commented on the ongoing issues surrounding California’s ban on the sale of foie gras, particularly the idea of giving away foie gras as a “complimentary side” when selling some other food. Last week Animal Legal Defense Fund filed another suit in the battle, arguing that La Toque restaurant was illegally selling foie gras in violation of California’s Health and Safety Code § 25982.

The suit, however, is somewhat of a moot point. On January 7th the California District Court overturned the Health and Safety Code banning the sale of foie gras, granting partial summary judgment to the plaintiffs, among whom is Hot’s Restaurant Group, the aforementioned makers of the complimentary foie gras side. The District Court summarize the issue as “whether a sales ban on products containing a constituent that was produced in a particular manner is an “ingredient requirement” under Poultry Products Inspection Act (PPIA).” The plaintiffs argued that the PPIA preempts the Health and Safety Code. Judge Stephen V. Wilson agreed, and has enjoined the California Attorney General from enforcing the law. In summary, PPIA is a federal law that regulates the sale and distribution of birds and expressly prohibits states from imposing certain conditions on food and ingredients. Judge Wilson held that the Health and Safety Code, which is a state law, was in conflict with the federal law, and that the federal law must be held above state regulations. The “production” of including fatty liver in the sales of food is, apparently, an ingredient, and therefore must be regulated, with regards to foie gras, at the federal level.

Health and Safety Code § 25981, which bans the practice of force feeding a bird for the purpose of fattening the liver, was not before the District Court, and remains in effect. Also, there are several other facets of the plaintiff’s argument that were not granted summary judgment, including a Commerce Clause attack. The Commerce Clause argument and the remaining section banning “production” still presents an important argument, although the restaurants’ main challenge has now been overcome; Californian restaurants largely import all of their foie gras, thus the production bar will have a much smaller impact.

A Neologism For The Animal Advocacy World

Brad Landau

neologismThe coining of a new phrase, or a neologism, is a way of commanding the transformation of new and modern language. By commanding the transformation of language, and coining new words and phrases, one can bring society up to date in a rapidly changing world. In the animal advocacy world, neologisms are frequently formed for this very reason. For example, Donald Watson, founder of the Vegan Society, coined the term “vegan” to describe individuals who abstain from the consumption and use of animal products. Another example, Richard D. Ryder, a British psychologist, animal advocate, and author, coined the term “speciesism” in 1970 and “painism” 1985. Speciesism opposes the assignment of moral values and protections on the basis of species alone, and painism argues that all beings that are capable of feeling pain deserve rights. A last example of neologisms in the animal advocacy world comes from Gary L. Francione, an American Legal Scholar, and Distinguished Professor of Law & Nicholas deB. Katzenbach Scholar of Law and Philosophy at Rutgers School of Law–Newark. Francione coined the term “New Welfarist” in his 1996 Continue reading

Animal Welfare Trust Summer Grants

David Cassuto

From the email:

Animal Welfare Trust is currently seeking applicants for our 2015 Student Grant Program. The grant provides up to $5000 per recipient for graduate students to work on an independent research project under faculty supervision or for an unpaid position within an established organization. Internships can be for a summer, semester, or year-long duration. Applications are due on March 1, 2015. Animal Welfare Trust believes that we can make a meaningful contribution to animal welfare by encouraging students to work on projects that facilitate positive reform for animals. Details about the grant program, the application process, and information on past recipients can be found on our website.

Our particular areas of interest are farm animal welfare, humane education and pro-vegetarian/vegan campaigns (though by no means are we limited to these areas). Please pass this announcement on to any students you think may be interested and feel free to cross post as well.

If you have any questions, please contact me.
Thank you!

Ali Berman
Animal Welfare Trust
141 Halstead Avenue, Suite 301
Mamaroneck, NY 10543
914-589-6778
ali@animalwelfaretrust.org
www.animalwelfaretrust.org

Summer Internship with Compassion Over Killing

David Cassuto

From the email…

Compassion Over Killing (COK) is seeking legal interns for Summer 2015 (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.

COK’s Legal Advocacy Program is offering Litigation Internships out of its West Coast office in Torrance, California, as well as Policy Internships out of COK’s Washington, D.C. office.

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.

Policy Interns will work on diverse projects aimed at improving legislative, regulatory, industry, and corporate policies that impact farmed animals. All Summer 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 attorneys.

Excellent research and writing skills are required. In addition, Litigation & Policy Interns should be interested in exploring novel approaches to protecting animals through litigation. Candidates with a background and interest in animal protection are preferred, although it is not required. Interested law students should apply with cover letter, resume, writing sample, list of three references, and law school transcript to Compassion Over Killing’s Legal Advocacy Program at legal@cok.net. Please indicate whether you are applying for a Litigation Internship or Policy Internship in the email subject line. Applications are considered on a rolling basis.

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