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9th upload

Page history last edited by Benjamin Chapman 13 years, 5 months ago

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Link  Student  Comments 
http://www.youtube.com/watch?v=73Pbs8hKCEc   Kristina Wiltjer

This video is making fun of animals not sticking up for themselves. It’s a debate that argues that animals are not doing enough to support themselves in the war for their rights. It also goes on to make fun of PEATA. It’s quite funny.


http://www.usatoday.com/life/lifestyle/pets/2010-02-24-chain24_ST_N.htm
Jessica Furtado

This is a USA Today article on laws regarding outdoor dog chaining. There are states that restrict chaining by requiring certain chain lengths and a minimum amount of shelter, but there aren't really any laws regarding how long a dog can be tethered.  The focus of this piece is an Illinois law proposal that would require dogs to be visible to their owners at all times while they are tethered outdoors.

 

I became interested in this topic when I noticed that a person in my neighborhood leaves their dog chained to a tree for hours at a time. One day he was left there for 9 hours straight, but because he was shaded by a tree and left with a bowl of water there was nothing that could be done when I called local officials and humane societies to check on the little pug. I am interested to see how laws develop to prohibit this sort of treatment as more and more is understood about animal behavior.

http://www.animallaw.info/cases/causga236se2d689.htm  Samantha Ruminski 

The trial that I chose was Brackett vs. State, it was the state of Georgia. A group of people were spotted by an officer surrounding a cockpit. The observers were watching two cocks fighting with spurs on their feet to the death. There was one other fowl that had already been slain pushed to the side. After seeing this the officer arrested all the observers and charged them with animal cruelty. The charge went through for all of the people but was then shortly over turned. The case was overturned because there was no actual evidence that any of the people involved had actually harmed any of the animals, even though it was clear someone had set the fight up. It was also determined in this same court that fowl shall be included in the group of animals that if abused one must pay the consequences.

 

http://www.boston.com/news/world/latinamerica/articles/2010/11/17/

puerto_rico_debates_12_year_term_for_animal_abuse/ 

Kelley Irving 

 This article talks about a case in Puerto Rico where a man was convicted of animal abuse for dragging his horse behind his car and received a 12 year prison sentence. This sentence is being evaluated because many people think its excessive. The horse survived but has permanent physical and emotional damage. The man accused has a criminal record and openly states that the court should not be treating animals like they are humans. He goes on to say even second degree murder against humans receives a lighter sentence.  I think this says more about how Puerto Rico needs harsher second degree murder sentences, not lighter animal abuse sentences.

http://www.animallaw.info/cases/causca225calrptr531.htm

Katsaris v. Cook 

 

http://www.king5.com/news/local/Dog-Deemed-Dangerous-For-Killing-A-Chicken-95230809.html

"Bonnie Lake family's dog 'in jail' after killing chicken"

Asma Hussin 

I read about the Katsaris v. Cook case, where a livestock rancher shot two sheep dogs because they trespassed on his property. The owner of the two dogs sued the neighbor for emotional distress, however, the courts denied the claim on the basis of section 31102 which states that: "[A]ny person may kill any dog in any of the following cases: (a) The dog is found in the act of killing, wounding, or persistently pursuing or worrying livestock or poultry on land or premises which are not owned or possessed by the owner of the dog. (b) The person has such proof as conclusively shows that the dog has been recently engaged in killing or wounding livestock or poultry on land or premises which are not owned or possessed by the dog's owner. No action, civil or criminal, shall be maintained for the killing of any such dog." There is no way of knowing the intention of the dogs unless they actually acted out on killing a farm animal, so I don’t think it’s reasonable to allow for people with livestock to shoot a dog for trespassing.

 

I found an article that is somewhat similar to the Katsaris v, Cook case, where a dog, Meesha, had been impounded for trespassing into a neighbor’s lawn and killing a chicken. The family of the dog are very distressed over their loss and have “fenced their rural yard, contacted police, talked to a lawyer, attended a city council meeting, gone to a hearing, even picketed City Hall. But more than three months later, Meesha is still locked up in the pound.” The family has contended that the city law is too vague and “elevates the chicken’s status to that of a human”.

 
 http://www.aspca.org/fight-animal-cruelty/dog-fighting/breed-specific-legislation.html Alicia Robillon  This is the ASPCA’s page on BSL (Breed Specific Legislation). They give multiple alternatives to imposing such legislation and numerous reasons as to why the policy does not work. Normally, bans are put into place by specific counties/towns/cities or districts such as the outright ban on Pit Bulls in Miami-Dade county, FL and the restrictions imposed on owning certain breeds in other areas. This topic is of obvious interest to me since I own 2 Pit Bulls and have grown up with Dobermans, Rottweilers and other “Bully” breeds for my entire life. It is interesting to see where these laws are put into place and how they are enacted. Many different organizations oppose these laws, as well as the ASPCA.
http://www.dogbitelaw.com/PAGES/breedlaws.html#whatare
Aaron  Widell
This is a website describing dog bite laws divided by specific breeds in different countries. They have seperate laws for different dogs, depending on their viciousness.

http://www.nyshumane.org/manual/manual

HTML/X1CsLaw/PeoplevBunt.htm

 

Denise Belmonte
This link fully describes the case of People v. Bunt. I find his defense rather weak. One of his defenses is that the term "unjustifiably" makes the law too vague in describing a form of cruelty. However, the case is clear that the dog, Spunky, did not provoke nor harm the defendant in any way, meaning the attack by the defendant was not in self defense. Even if the dog was on his property, being a "trespasser", does that warrant being beaten to death by a baseball bat? Or would it better warrant a simple "Shoo"? Another stance of his argument states that he did not know what the word "animal" means, that is, which animals are included. However, once again, the statute clearly states "any animal, whether wild or tame" is the subject of this statute. I see no disambiguation, and I see nothing unconstitutional or ambiguous about this statute. My complaint with this is that he is guilty of only a misdemeanor, meaning a lesser punishment. Personally, I do not see why someone who did a crime as violent and disgusting as this spends less time in jail than someone who committed an unviolent felony such as embezzlement.
 

http://www.aspca.org/fight-animal-cruelty/advocacy-

center/state-animal-cruelty-laws/

http://www.straypetadvocacy.org/cruelty_laws.html

Jenna David  These two websites provide legal information on the criminal penalties and definitions for animal neglect, abuse, cruelty, and torture in each U.S. State.  For a quick comparison it is best to look at the straypetadvocacy.org website. To get a formal legal and in depth understanding, the aspca.org website is a really great resource.  I was shocked on how diverse the fines and prison terms were for each state. Oregon definitely has the toughest statutes. For aggravated animal abuse, a person could serve up to 5 years in prison and be given up to a $100,000 fine. Arkansas and South Dakota have the most lenient penalties. The maximum prison sentence and fine for any type of animal maltreatment is $1,000 and 1 year.

http://scholar.google.com/scholar_case?case=12577985541398778192&q=People+v.+Bunt&hl

=en&as_sdt=40000002&as_vis=1

"People v Blunt"

Sarah Chaulk

I read the case People v Blunt, a New York animal cruelty case from 1983. In the case the defendant brutally killed a dog with a baseball bat. He then claimed that the New York animal cruelty statute was unclear. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame…is guilty of a misdemeanor".  The statute is very clear. His defense is that the world animal is not clear as well as the rhetoric used in it. However, the state upheld the statute. The prohibited action, unjustifiably hurting an animal, is clear in the statute and also many other states have upheld the constitutionality of similar cases based on their own animal cruelty laws.


 http://www.theledger.com/article/20090101/NEWS/901010356?p=1&tc=pg Matthew Flynn  This article is about how animal cruelty is difficult to define because the value of the animal must be considered.  The article also argues how the value of the animal is not important and that violence is the main concern. 

part 1 http://www.youtube.com/watch?v=XjrDklgXYW8

Part 2 http://www.youtube.com/watch?v=La1FFPchmP0&feature=related

Heather McAtamney
This is a video on the People's Court. A summary of the trial is that a woman asked someone to babysit her pit bull, Bear, the babysitter soon brought the dog to the MSPCA where it was destroyed.  The dog was 2 years old, the  babysitter claims that she has been given the dog to keep and it was not a temporary situation.  The owner was suing for $5,000, for the price of the dog and the emotional suffering. In the end, the owner was awarded $1,000, the judge stated that it was a case of breach of contract and that was all she would be able to award her. The comments of the public at the end is interesting. Many people agreed that pets should not be considered property and should hold more value in a court of law.
http://today.msnbc.msn.com/id/35286379/ns/today-today_pets_and_animals   Theresa James
I read the article regarding Oberschlake v. Veterinary  Assoc. Animal Hospital.  It was about an animal being brought to the vets office to her teeth cleaned and somehow the vet decided to spay her even though she was already spayed.  The article and video I am posting is from a new segment from NBC.  It is about animals being misdiagnosed, wrong site surgeries and other forms of negligent care being performed by vets across the country.
http://articles.cnn.com/2010-04-20/justice/dog.fight.videos_1_animal-cruelty-dogfighting-supreme-court?_s=PM:CRIME
daniel Bauer

This article is about the Supreme Court striking down a law banning dog fighting videos and other videos of animal cruelty. It was an 8-1 decision saying that it was an unconstitutional violation of free speech. The depictions shown in court of pit bulls engaging in dog fighting weren’t sufficient enough to be considered an exception to the free speech amendment.


http://www.youtube.com/watch?v=H38y2ZkwHaw&feature=channel

 

Sam Erickson  This video is a panel's debate about animals rights and the movement that has happened in favor of non-human's legal rights and the view that they shouldn't be viewed as property or possession.  There is a full length version that lasts about an hour but I figured 9 minutes was more bearable.   
http://www.youtube.com/watch?v=fi_Lq47MQxY   Christina Petrone  This is a video about Pet Custody Disputes. This is a part of animal law that has always interested me. It's viewed in many different ways but in watching this video you'll notice that the lawyer really only speaks about the best emotional interest of the owners not the pet. I think it is very important to take pet custody disputes seriously as it can completely change the entire temperament of the animal and judges should do what is in the best interest of the animal. The pet should not be looked at as property of the owners but as a responsibility of the owners much like a child.  
http://www.wthr.com/story/13514161/comission-votes-in-favor-of-coyote-kill-pens
Mark Perry
this article is about a peta protest againts new dog training facilities. in a new law, hunters will be allowed to train their dogs by releasing coyotes and fox's in a fenced in property so the dogs can hunt. Many time the coyote's and fox's will be mauled and killed at the dog owners approval. under law, when the animals are confind to the area there are a few guidlines the facility must meet. there must be a certian amount of acerage, enough places for the coyotes to hide, and prohbits dogs from killing them.
http://www.animallawcoalition.com/animal-hoarding/article/251  richard ranlett 

The article briefly describes the problem of animal hoarding, and how hoarding becomes a problem within animal law. Animal hoarding is dangerous because it puts large amounts of animals in unsafe conditions, and makes them susceptible to disease or death. The person who is doing the hoarding obviously has issues that must be dealt with, and unless the law becomes involved to stop these people then animals will continue to be harmed in this fashion. Hoarding is not simply having a large number of animals, but instead is a fundamental problem because the owner does not have the means to care for so many animals and everyone involved suffers. States are slow to passing bills on animal hoarding but there is a little progress in this area right now. 

 
 http://www.animallaw.info/cases/caustx761sw2d847.htm Shannon Nelligan   Bell v. State was a case tried in Texas in 1988 about animal cruelty. The defendant had cut his dog’s ears off without anesthesia or proper medical aftercare claiming that veterinarians charged too much. The man was found guilty and was sentenced to six months in jail (which was probated for one year) and a $500 fine.
http://en.wikipedia.org/wiki/Church_of_Lukumi_Babalu_Aye_v._City_of_Hialeah Kevin bowers
 This is a case from the state of florida the church if Lukumi babalu aye V.The city of Hialeah. this is a case from the state of Florida involving an issue in which animals  are offered as sacrifice in the carribean religion of santeria in which the church ritually practiced.the city forbid "unnecessar[y]" killing of "an animal in a public or private ritual or ceremony not for the primary purpose of food consumption."the case made its way to the supreme court.
http://www.aolnews.com/surge-desk/article/925-pigs-on-pennsylvania-farm-found-dead-from-neglect/19720184 Jennifer Hader
This article is concerning the findings of 925 dead Pigs on a farm in Pennsylvania.  The were found packed together in small closed spaced and had seemed to be left there for several months, since the farmer had been going through a bitter divorce and neglected to care for the farm animals.  Different animal organizations are requesting that the be prosecuted to the fullest extent of the law for allowing the animals to be neglected  in such a way.  He did not consider the value of the lives of the pigs.
http://www.nbcphiladelphia.com/news/local-beat/Cat-Lady-Pulls-Gun-on-Cops-SPCA-102669464.html   Mario Boiardi  This woman in PA was evidently rather attached to her cats- so much so that she was arrested for making "terroristic threats." What is interesting is that none of the charges brought against the woman involve the fact that she was hoarding and mistreating many cats, (another news story about this woman goes into further detail about the conditions), and the initial news story doesn't really mention the cats much at all. This reminds me of the People v. Youngblood case in California's court of appeals. The cats don't seem to be what the real issue is. 

http://www.animallawcoalition.com/animals-and-politics/article/1467

 

Ben Anderson
This articles talks about the initiatives on the november 2 ballot relating to animals. It started with one about the number of breeding dogs a breeder can have and set the humane standards by which the dog must be treated and voters voted yes on it. The next one was was in arizona and it had to do with hunting and fishing game and it was not passed, it seemed simple enough, but really they were trying to take power away from the citizens.

CHANGING THE ANIMAL LEGAL PARADIGM USING
THE UNITED STATES TAX CODE

 

https://culsnet.law.capital.edu/LawReview/BackIssues/30-4/Pyc.pdf

Peter Baroud

An interesting article/essay about how the United States' tax code can be used to support Steven Wise's arguments for providing limited legal rights for Chimpanzee's. The United States Internal Revenue Code has the power to advance non-human animal's position from "property", to perhaps the same status of that of a young child.

 

The essay comes in several sections.

 

Section II : will discuss the history of the tax code as a tool to achieve social objectives

Section III delves into the changes occurring in animal law today and what is forecasted.

Section IV analyzes how the tax code can be used to further the changes in animal law through a system of tax incentives and disincentives, applied to both individuals and businesses at the federal level. 

 

"The IRC can be used in two ways: to encourage behavior and to
discourage it. Ways to encourage behavior include exemptions from
taxes, tax deductions, and tax credits. Ways to discourage behavior
include the imposition of taxes and the denial of deductions, exemptions,
and credits."

http://www.animallaw.info/cases/causga2009wl1299046.htm
Zachary Conroy
Huff v. Dyer was a recent animal law case from Georgia. The plaintiff was bitten by the defendants' dog, who was chained in their pickup truck. The plaintiff sued, citing negligence to warn people of the dog's dangerous nature. A jury found in favor in the defendants, at which point the plaintiff appealed before this court. The court found that the fact that the dog was restrained meant that the defendants had given sufficient warning about the dog's potentially vicious nature. Also, any ordinance about animal restraint does not protect someone who willingly approaches the animal as occurred in this case. The Georgia Supreme Court found that the lower court's ruling should be sustained.
http://www.aldf.org/section.php?id=4  Arian Alicea  This site is of an animal law NGO. I uploaded it because it shows the various ways that you can choose to protect animal rights. The Animal Legal Defense Fund uses the money that is donated to them in order to defend animals in the court system. They are like the ACLU for animals. They state on the page that they may be the only lawyers on earth whose clients are all innocent. 
http://www.examiner.com/dogs-in-national/pit-bull-ban-ontario-isn-t-working  Benjamin Chapman  I uploaded this earlier but my lock must have been stolen, This article is reviewing the legislation implemented in Ontario, Canada regulating aggresive breeds.  Since 2005 when this legislation was enacted there has been no reduction in dog bites.  Now the Toronto Humane Society is fighting to amend this regulation stating that it is the fault of the irresponsible owner, not the breed of the dog.  I agree wholeheartedly with this conclusion made by the THS, owners need to be responsible and realize the impact they are having on the behavior of their animals.
     
     

 

 

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