International Animal Law News

David Cassuto

From the email:

[T]his email is being sent to you to update you with some of the key news and events of the last few months that have been posted on the website of International Animal Law.

ANIMALS, WELFARE AND THE LAW

Animals, welfare and the law is an essential book for all those that have direct and indirect dealings/interests with animals. It’s now the course book for a couple of online courses including Vet Scholar and the Global Animal Welfare Authority.

Remember, the format of the book is intentionally designed to be thought provoking and interactive. For example, there are questions at the front of the book, and at the end of each chapter, that assist readers in examining their own knowledge (and attitudes) concerning animal welfare and the rules that currently govern it. Additionally, all proceeds from the sale of the book go to the registered charity Animal Welfare Law Matters.

NEWS PICKS

I am always grateful to those who continue to contribute to the array of topics, articles and news of interest on the website of International Animal Law (“IAL”). A few picks shown on IAL over the last few months include:

  1. A new International Research Consortium for Animal Health (IRC) has been created to coordinate global research and ultimately lead to new methods of controlling animal diseases. Given the competing attitudes, agendas and interests between different stakeholders on many of the issues involving animals and the welfare of animals and people, it is encouraging to see continued efforts towards harmonisation in the international market place.
  2. On the subject of initiatives which seek to implement consistency on issues of animal welfare internationally, a proposed model of animal welfare has been published. Its authors propose that can be used as a guide and information source for countries seeking to introduce or improve their animal welfare legislation.
  3. Do you know how enforcement actually works? For example, what are the criteria for determining whether or not a prosecution proceeds. These considerations were raised following notification of a complaint against the SPCA.
  4. And do you recall seeing the public response and outcry at the shooting of a lion organised by trophy hunting safari operations in South Africa last year? Change is fostered when public opinion is supported by commercial decisions that have an economic impact, so the cancellation of a hunting expo by the Holiday Inn is interesting to note. It also raises questions about how many of the other voices that criticised the slaying of the lion and wider trophy hunting safari operations, have implemented similar initiatives for change?
  5. Opinions regarding the use of animals for human use obviously vary. The Greyhound racing industry is one of the animal use activities that has come under the spotlight in recent times, and the imprisonment of Greyhound trainers in Australia is a reminder of how far the law has progressed in that people can and to go to prison for animal welfare offences.

Continue reading

Don’t Be Cruel (Anymore): A Look at the Animal Cruelty Regimes of the United States and Brazil with a Call for a New Animal Welfare Agency

David Cassuto

The shameless self-promotion desk is back and shilling a new article.  The title is as above and you can find the full text here.  Worth noting is that it appears in the Boston College Environmental Affairs Law Review and that both articles in the current issue of one of the country’s leading environmental law journals are on animal law.  Big plaudits to the journal.  Get it, read it, tell your friends.

Abstract:

In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation—agricultural animals—is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries Continue reading

The AWA at 50 — Call for Papers

David Cassuto

From the email: 

The Animal Welfare Act at Fifty Conference

 
Harvard Law School
1585 Massachusetts Ave – Cambridge

Date/Time
Date(s) – Thursday, September 22, 2016 – Sunday, September 25, 2016
All Day

Location
Harvard Law School

Overview

The Animal Law & Policy Program at Harvard Law School is pleased to announce The Animal Welfare Act at Fifty, a conference that will bring experts together to assess the first fifty years of the Animal Welfare Act (AWA) and consider recommendations for the future. The event will include conference presentations as well as a separate academic workshop component.

We welcome submissions on both broad and specific law and policy issues. In an effort to encourage interdisciplinary dialogue, we encourage submissions from legal scholars and lawyers; government officials and staff; academics in disciplines outside of law, such as sociology, anthropology, political science, and economics; international scholars and regulators; veterinarians and animal behaviorists; and others with perspectives on the AWA. We also encourage submissions from experts in other areas of legislation and regulation who can bring a comparative approach to the study of the AWA. We encourage submissions from advocacy organizations, industry representatives, think tanks, and others outside academia, but emphasize that this is a scholarly conference and abstracts will be judged by academic standards.

Individuals can submit proposals for both conference presentations and the workshop if desired.

Conference Presentations

Those interested in presenting at the conference are invited to submit an abstract of up to 400 words describing their proposed presentation along with a CV. All abstracts and CVs should be submitted together to ALPP@law.harvard.edu with “AWA Conference Presentation Proposal” in the subject line no later than April 5, 2016. Conference presentations will be approximately 20 minutes in length.

Workshop Papers

Those interested in participating in the academic workshop are invited to submit an abstract of up to 400 words describing their proposed paper along with a CV. All abstracts and CVs should be submitted together to ALPP@law.harvard.edu with “AWA Workshop Proposal” in the subject line no later than April 5, 2016.

Those selected as workshop participants must submit their final papers by August 15, 2016, so that they can be circulated and read by the other workshop participants in advance of the workshop. The final workshop papers should be approximately 10,000 words (including footnotes). Each paper should be an unpublished work in progress. We will consider papers that have been accepted for publication, as long as they have not yet been published and the author will still have an opportunity to incorporate feedback from the workshop.

Potential Topics

We welcome submissions on both broad and specific law and policy issues. Potential topics include, but are not limited to:

Agency compliance strategies

Efficacy of different types of standards, such as engineering vs. performance, general vs. species-specific, etc.

Which categories of animals are/should be afforded legal protections

Agency licensing practices

Agency restructuring proposals

Agency culture

Differential treatment of research facilities and other regulated entities

Education vs. enforcement

Regulatory vs non-regulatory approaches

AWA intersections with other laws

Agency inspections

Agency administrative hearing practices and due process

Agency collaboration with the Department of Justice

Settlements and discounting administrative penalties

Agency use of warnings

Assessing the adequacy of veterinary care

Judicial review of agency action

Citizen suit provision proposals

Impact of public opinion on the law and its implementation, media narratives, and social movement advocacy

Animal confiscation under the AWA

Transparency in implementation

Alternatives to use of animals in research

The role and efficacy of Institutional Animal Care and Use Committees

The role of undercover investigations at regulated facilities

Comparative analyses of the AWA and other animal protection regimes

Contact

For additional information, please contact alpp@law.harvard.edu.

 

Voiceless’ Animal Law Toolkit

David Cassuto

Voiceless, the fabulous Australian Animal Law NGO, has published its Animal Law Toolkit, a highly readable, very useful publication for anyone practicing or interested in animal law.  Get it; read it; tell your friends.

Equestrian Sports and Doping

Charles T. Jordan

Much like any competitive sport there is a risk of doping. Because competition in professional sports is so intense, there is always the temptation to take shortcuts to achieve success. Sports like cycling and baseball are generally most associated with doping scandals; however equestrian sports (such as show jumping, dressage, eventing, hunters, etc.) has needed to address doping. Equestrian sports are one of the only major competitive sports where one of the athletes competing is a non-human. This creates an important distinction, unlike in cycling and baseball where the “doper” is the competitor with the decision making power, in equestrian sports the “doper” is the horse (which is not who makes the decision to dope). This makes it difficult to determine who should be punished in doping scandals. Recently the United States Equestrian Federation (USEF), the governing body of equestrian sports in America, has clarified and extended the responsible parties in doping situations. Previously those responsible when the horse tested positive for performance enhancing drugs was just the trainer. Under the new rule those responsible would also include the rider, owner of the horse, and support personnel (including grooms, handlers, and veterinarians). Furthermore the presumption is that these individuals are responsible absent a showing of “substantial evidence to the contrary.”

Guerdat        The enforcement of these rules has been taken to court when one of the biggest names in the sport was involved in a doping scandal. Tori Colvin’s mother, Brigid, was suspended and fined by a USEF hearing committee as the trainer when the horse Tori rode tested positive for higher than usual levels of gamma-aminobutyric acid (GABA). Colvin challenged the suspension in New York Supreme Court, claiming that the punishment was Continue reading

Are Lab Animals Necessary?

Raghav Patel

For centuries animals have been used for experiments in the name of science. Scientists have urged the general public that these experiments are necessary, for the advancement of medical and scientific discovery. These scientists believe that without using nonhumans, there wouldLab Animal - Monkey be no way for us to know if the drugs or research discovered, would work or be safe for human use. This argument is flawed in many respects, but none more than the fact that nonhumans simply are not humans. Many of the experiments that bring desired results on animals does not necessarily bring the same results for humans. Actually this is the case way more often than not, with a vast majority of experiments that bring desired results in animals, but resulting in either adverse or no effect on humans. This then bears the question; why do we still use animals in scientific experiments and medical research? There really isn’t a good reason based on the facts. Researches and certain companies want us to believe that these experiments are necessary for our safety, but in reality these experiments are used by companies and researchers to hedge their liability, so that if anything does actually go wrong on the humans that use their products, they can show the results from the animal Continue reading

Humane Slaughterhouses: Fact or Fiction

Jeshica Patel

A couple  of days ago, a member of Compassion Over Killing, revealed footage that he recorded during the time he worked undercover at a Quality Pork Processors Inc. plant in Minnesota. The video depicted graphic and disturbing images of how pigs are treated during the slaughter process. While the video is not for the fainted hearted, it does shed220px-Pig_in_a_bucket.jpg light on a very real issue in factory farming, and serves as a way to educate the public about what really goes on behind closed doors.

The current Federal Meat Inspection Act regulates a broad range of activities at slaughterhouses to ensure both the safety of meat and the Continue reading

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