“Envisioning an Animal Anti-Cruelty Agency

David Cassuto

The Shameless Self-Promotion Desk is back in business:  Herewith an article about an article by me and a former student of mine calling for the creation of federal animal protection agencies in the United States and Brazil.  You can find the original piece here.

Law, Animals, and Professors

TAGORE - WIN_20131209_213438

Tagore Trajano

In early September, I arrived in the U.S again with a new goal, “… pass through the bridge between being a student and being an international Professor”.

At a good teaching university, a professor is expected to be formal, and faraway from his students. However, I had learned that being a good University Professor is to be ready to share the opportunities, and show for his students that all of them have a great path in their lives.

This is one of the lessons that you can pick from David Cassuto’s Law Classes Continue reading

Rescue beagle dogs reopens the debate on Animal Experimentation Law in Brazil

Tagore Trajano

About a month ago, the rescue of approximately 178 dogs beagle of the Institute Royal research relumed the Brazilian Animal experimentation Law debate. In this week, some Brazilians representatives have discussed to install in the next few days a Parliamentary of Inquiry (CPI) to investigate all types of maltreatment of animals in Brazil.Brazilian Advocates

A Parliamentary Front in Defense of Animals have tried to approve projects prol-animals since 2003, but public policy about animal rights has always been treated as a joke in the House of Representatives. The debate involving the mistreatment of animals resurfaced after the invasion of the Royal Institute in São Paulo , by protesters opposed to animal testing .

In Brasília, activists have proposed to create a federal fund for animals, Welfare Animal Code, and a anticruelty tag in the products. Companies should inform the packaging of their products if they were or were not tested on animals.

Animals in research labs have since been protected under the Laboratory Animals Act –LAA (2008), legislation which set the rules about animal testing and research and revoked the Vivisection Act (1979). The LAA created the National Animal Experimentation Counsel (CONCEA), responsible for creating new rules about animal experimentation in Brazil. However, most of Brazilian Professors advocated that there are some incongruences with the Constitution that prohibits animal abuses.

Looks like it’s time to draw the path that Brazil wants to take in defense of animals, rethinking laws that allow to use of animals as food, entertainment, and experimentation.

Related articles

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?

Convite_Direito_Ambiental

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. Continue reading

Hot, Crowded & Legal

David Cassuto
Here’s a teaser from my forthcoming piece, “Hot, Crowded & Legal: A look at Industrial Agriculture in the United States and Brazil.”  The article is co authored with the fabulous Sarah Saville (Pace JD 2012) and will appear in the Animal Law Review.  The article is based on a talk I gave at the Review’s Inaugural Symposium in Fall 2011.

This essay examines the impact of industrial animal agriculture in the United States and Brazil.  It surveys the respective regulatory environments in the two countries and discusses how their regulatory regimes have enabled the spread of factory farming while taking little heed of its pernicious effects.  We focus on the United States and Brazil for several reasons.  First, they are the first and eight largest economies in the world, respectively.  Second, both countries have very large agricultural sectors and play significant roles internationally.  In addition, both countries have begun to address the issues raised by factory farming while yet having much work yet to do.  

Continue reading

Part 2 of the Brazilian Odyssey

David Cassuto

I flew Business Class on the way home.  Business Class is better than coach.  In fact, I’m seriously considering renaming my child Business Class.  I’ve also written several epic poems and elegies to Business Class and am thinking about getting a tattoo.

But I digress.

I’m back in the U.S. after a truly rich and useful swing through the Brazilian cities of Porto Alegre, Curitiba and Brasilia.  My thanks go out to the United States Department of State, particularly the good people in the consulate in Sao Paulo and the embassy in Brasilia for making my time so valuable and pleasant.  In each city I spoke about industrial agriculture and climate change (my lecture drew on the policy paper I recently wrote for the Animals and Society Institute).  I also gave several interviews for the press.  Both the reporters and the audiences met me where I was – engaging both the environmental issues and the animal ethics.  The Q&A sessions were routinely excellent.

Porto Alegre is the home of the Federal University of Rio Grande do Sul (URGS), where I have spoken several times over the years and whose law school has a long friendship with Pace. Professor Fabio Morosini was my host.  He comes at these issues via international law and his perspective and insights were enormously useful.  He’s also a terrifically nice guy.  The law school hosted a roundtable for students, faculty and interested members of the community prior to my lecture where we discussed climate change in the larger context as well as the role of meat consumption and industrial agriculture.  Both there and in the discussion following my lecture, we wrestled with the issue of national responsibility and collective action.  Given the U.S.’ status as one of the largest carbon emitters, the founder of factory-farming and voracious consumer of meat, it is always a challenge to go to other countries and discuss the idea of shared sacrifice and vigilance about industrial agriculture.  But even as one must accept and acknowledge the historic and continuing role of U.S. policies and consumption patterns, it is also important to acknowledge that this is an international dilemma requiring collective action at both the domestic and international levels.                 Continue reading

Powerful Final Day at the Second World Conference on Bioethics and Animal Rights

Elizabeth Bennett

The last day of the Second World Conference on Bioethics and Animal Rights began with a heartfelt lecture by conference organizer Heron Santana on climate change and animal rights. Professor Santana spoke about the fact that citizens of Brazil are beginning to eat more meat and the country exports an increasing amount of live animals, as they used to do with slaves.

He also discussed the health risks associated with eating meat and our ability to decrease meat production by decreasing consumption.  He explained that there is a wall of prejudice against other species that we must break down in order to abolish animal slavery.  Professor Santana concluded by stressing the importance of speaking out for animals and making changes in our daily lives to work toward an end to these violations against nonhuman animals.    Continue reading

Fresh Faced Student at Animal Law Conference in Brazil

Gloribelle Perez

Wednesday night (8.25.10), I had the honor of attending the opening reception of the Second World Conference on Bioethics and Animal Rights, which was held in the first capital of Brazil—Salvador, Bahia.  From a live band to Bahia’s movers and shakers of the political arena, the opening reception was superb.  Professor Cassuto, a Pace Law School professor, spoke at the opening reception, along with numerous scholars, all of which got the conference started on a wonderful note!

Hosted by the Federal University of Bahia, yesterday (8.26.10) was the first full day of the conference.  I had a jam-packed day of speaker after brilliant speaker.  As a rising law school 3L, I have not yet found an opportunity to take an Animal Law course.  However, after just one full day at this conference, I feel like I’ve gone to the academic edge and back.  By no means am I now an animal law expert, but I’m happy to have learned a little bit about a lot of different animal law issues.  I have always been concerned about the protection of animals (and other beings that can’t speak for themselves), and I am excited to hear from the world-renowned speakers that each seem to approach the same concern from different angles.        Continue reading

Brazil Anew– The Animal Law Tour

David Cassuto

Our hero heads back to Brazil next week.  First I’ll speak at the International Animal Law Conference in Salvador.   The conference also features a student forum where, I’m delighted to report, Pace 3L, Elizabeth Bennett, will present a paper on factory farming.          Continue reading

Teaching Animal Law in Brazil

David Cassuto

Our hero´s dance card is looking pretty full.  I will be teaching a short course on animal law here at FGV Direito Rio next week.  Tell all your friends. 

 Before I do that, however, I will go to Salvador tomorrow to spend a few days talking about animal and environmental law with the good people at the Federal University of Bahia — the same folks who are hosting an international conference on bioethics and animal rights this summer.

Looking Within and Without in the Amazon

David Cassuto

I’ve returned from the Amazon where a wonderful time was had by all.  This trip — part of the Pace Law School Comparative Environmental Law class — was a complete success.  We saw toucans, caimans, sloths, monkeys, and all kinds of other wonders, including the Meeting of the Waters.  We lived on a boat that took us up the Rio Negro, one of the major feeder rivers of the Amazon, swam in the coffee colored water, and reconnected with the reasons so many of us went into environmental law.

Of course, the less wonderful was never far from sight.  Our hotel in Manaus had a little “zoo” where animals (including jaguar, giant turtles and others) are imprisoned in small cages so guests can come by and gawk (few do).  The fish served on the boat and everywhere else came from industrial farms, which have arisen to meet growing demand for fish that once proliferated throughout the region.    Continue reading

What We Talk About When We Talk About Industrial Agriculture & Climate Change

David Cassuto

Santos was interesting.  First, who knew there was a significant mountain range between Rio & Sao Paulo?  Even having flown this route many times, I was surprised by the size and extent of the range which we drove over.

My talk on biofuels, industrial agriculture and climate change was well-received in an odd but increasingly common way.   Though I mentioned animal treatment only tangentially and concentrated on the massive pollution and climate change culpability of factory farming, 90% of the questions and comments I received dwelt on animal treatment and even animal rights.         Continue reading

Biofuels, Climate Change & Agriculture

David Cassuto

Our hero is off to Santos, south of Sao Paulo, to participate in a congress on biofuels.  I will speak about the tangled relationship between biofuels, climate change and factory-farming.  I’m interested to see the reactions.

Blogging from Brazil

David Cassuto

I’m live-blogging from the plane on my way to Rio.  Actually, that’s not true.  There’s no in-flight internet connection so by the time you read this, the time of writing will have long passed.  Indeed, this situation reifies the ongoing and insuperable challenge faced by all writers.  Time, a crucial component of all experience marches ever onward; the writer can only try to invoke through words that which can never come again.  Or, as Jean-François Lyotard puts it, “in description, writing tries to meet the challenge of being equal to its momentary absence.”  Upshot: even though I’m not live-blogging, I just like saying “live-blogging” so that’s what I did.

In any case, I’ll be in Brazil for the next several months, teaching at the Getulio Vargas Foundation School of Law in Rio (FGV Direito-Rio).  FGV is the only law school in Brazil that utilizes the Socratic method and is well on its way to developing a world class environmental law program under the direction of my former student now colleague, Romulo Sampaio.  My stay in Rio has been made possible through the good offices of the late great Senator Fulbright.  Continue reading

Habeas for Chimps

David Cassuto

I will soon be blogging from Brazil (Rio de Janeiro, to be precise).  More about that soon.  While in Rio, here‘s a case I’ll be following:

Jimmy is a 26 year old chimpanzee who has spent several years alone in a cage, where he’s on exhibit at a zoo in Niterói, Brazil, just outside of Rio de Janeiro.  Just last week, animal protection groups filed a motion to have Jimmy released on grounds of Habeas Corpus, arguing that he is being denied his rights to freedom of movement and to a decent life, in Rio’s Criminal Court.  Continue reading

Content Cows Come from Cariocas, not California

Whenever I talk to someone about becoming a vegetarian, I have to be very conscious of the argument I present. I usually start by letting people ask me questions about my own lifestyle, rather than come off as an agenda pusher.  But where we go from there is another matter. We can talk about environmental impact, moral rights, human health problems, or even if said person approves of the food system we have. I do not think, however, that I have ever had a productive conversation with someone unacquainted with animal rights about the emotional injustice of factory farms, and that is unfortunate.

Emotions are tricky, even restricted to humans. We find it difficult at times to emphasize with our friends during trying periods, let alone with millions of other humans continents away, whose plights make most of our troubles trivial. Perhaps it is no wonder that many people cannot understand the emotions of farmed animals. An inability to understand these emotions, however, is no excuse not to try, or more egregiously, to dismiss them as nonexistent.

Earlier this month, I was able to travel to Brazil as part of the Comparative Environmental Law class here at Pace Law School.  The class is team-taught taught by Professor Cassuto at Pace and via teleconference with Professor Romulo Sampaio (Pace LLM ’06, SJD expected ’09) of the Getulio Vargas Foundation School of Law in Rio de Janeiro.  We spent the first three months of the semester learning about water law and other environmental concerns shared by, and unique to both countries.

During the trip, we spent time in the Pantanal, the world’s largest wetland. While I was there, I had the opportunity to see Brazilian cattle in several settings. Brazilian cows, with their marked humps, looked a bit alien to me on first impression. I met a few while in Campo Grande, at a rodeo. Walking around the fair grounds, I came across a pavilion where about a dozen cows were standing, some sitting, and some lying down. Some mothers even had their calves with them. I come from a rural New Jersey county, so seeing cows up close is nothing new. Still, it was refreshing to see an animal that many Americans never meet, save for meat. True, these cows were to be sold, and most of them would face a similar fate as their American cousins, but at least these cows had breathed in air that was not contaminated with their own waste and the smell of disease. They were standing in hay, some with their children, and though some backed away from me when I approached, others were inclined to give my hair an authentic “cow-lick”.

I hesitate to say these cows were happy. They certainly looked more content than the tragic faces I have seen in factory farm documentaries. Still, I am not an animal behaviorist, and I do not know if what I observe is true. I recently finished Jeffrey Moussaieff Masson’s The Pig Who Sang to the Moon: The Emotional World of Farm Animals. While I enjoyed the various stories about animal behavior, Masson reaches too many conclusions about animal personalities that are over-romanticized and unsupported, and I do not want to come across in the same manner. That is the danger of the emotional argument. Many of us who empathize with animals and experience spontaneous discomfort with, and moral outrage towards factory farms have difficultly marshalling those impressions into an effective argument for someone who does not. Moral rights and atrocious conditions arguments can be explained, but saying that a cow should be let outside because she will be happier will not convince doubters, either to the veracity or the relevance of the position.

While we were out in the heart of the Pantanal, I took a morning to explore several of the fields surrounding our lodgings. I say “fields,” but this being the Pantanal, there were not just wide grasslands, but also thick groves of trees, marshes, and terrain of unparalleled beauty. In one field, I came upon a herd of cows grazing along the road. They also saw me, and immediately, without a sound save for their hooves, the formed a line across my path several meters ahead of me. The calves peaked out between the adults’ legs, while they all stared at me. I took a circuitous path around them; cows in numbers, no matter how benign, are intimidating. As I rounded them, they shifted almost imperceptivity so the herd remained facing me. On my way back through the field, the same proceeding unfolded. Feeling bolder, this time I took a step towards the herd. Several dozen eyes watched me. I took another step, and then as one, they all bolted in a hasty retreat until they were a hundred yards away. I’m not sure what I expected them to do, but I didn’t want to give chase, and I walked on. Looking back, I saw a bull I had not noticed before come out of the trees. He watched me walk, and when I had gone down the path, he bellowed towards the herd, which then casually made its way back to where I had been, and resumed grazing. Relating this experience back to Prof. Sampaio, he stated simply, “Oh yes. The cows here are very curious.”

I do believe that animals have emotions, and I think they are more similar to humans’ than they are foreign. Curiosity, enjoyment of what one is doing, and fear are all emotions we understand, and all of these were expressed in those animal’s faces. I believe that the cows I saw in the Pantanal and in Campo Grande were happier and lived a fuller life than the cows in American CAFOs, enough so that when I saw the meat served to my classmates at lunch in Rio, it seemed a little less like a badge of societal excess. This is not to say that Brazil isn’t in danger of going the way of the United States; I am writing a paper on that very issue. Yet no matter how I address animal protection laws and meat export rates, there is very little room in a sustainability argument for an appreciation of happy cows. Thus I leave my musings here, in a less structured format, where I am free to believe that the Pantanal’s roaming cattle are content; if nothing else, they made me smile.

Seth Victor