Sonia S. Waisman - Animal Law in a Nutshell

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Animal Law

In a nutshell

Third Edition

SONIA S. WAISMAN

Partner, McCloskey, Waring,
Waisman & Drury LLP

PAMELA D. FRASCH

Professor of Law and Associate Dean
Brooks McCormick Jr. Scholar of
Animal Law and Policy
Founder, Center for Animal Law Studies
Lewis & Clark Law School

KATHERINE M. HESSLER

Clinical Professor of Law,
Director, Animal Law Clinic
Director, Aquatic Animal Law Institute
Center for Animal Law Studies
Lewis & Clark Law School

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ISBN: 978-1-68467-885-3

For Pablo and Lola,
and in loving memory of
Wilma, Fred and Mooki
SSW

For Victor and Elizabeth
and in loving memory of all the animals who have graced our lives

PDF

For John and Kele and my mother, Gale
KMH

Acknowledgments

This third edition would not have been possible without the assistance of our law clerk, Karen Martens. We also want to acknowledge Professors Rajesh Reddy and David Rosengard. They provided invaluable insight and expertise adding immensely to the project.

We would also like to thank those who have supported us in this project from the very beginning and without whom it might not have been completed. We are sincerely grateful to former Dean Robert Klonoff for his support of this work and that of the Center for Animal Law Studies at the Lewis & Clark Law School. Additionally, it is not possible to engage in serious animal law work without owing a large debt of gratitude to Joyce Tischler, whose foundational work has created a path for so many to follow, and whose continued dedication and gracious assistance to so many of us inures to the growth of the field of animal law as well as to the benefit of the animals on whose behalf we work.

Without the assistance and forbearance of our wonderful families and friends we could not have completed this third edition of the Nutshell. We are exceedingly grateful to all of them.

Outline

C. Statutory Provisions Recognizing the
Link Between Human and Animal Violence

E. Motions to Merge Multiple
Convictions

II. Intentional Infliction of Emotional
Distress

III. Negligent Infliction of Emotional
Distress

IV. Loss of Companionship and Wrongful
Death

A. Compensatory Damages and
Valuation

Special Damages and Intrinsic
Value

III. Federal Statutory Provisions for
Damages

C. The Best for All Concerned
Standard

. Selected Federal Wildlife
Laws

Designating Critical Habitat Under
the ESA

B. The Two Essential Elements of Lacey
Act Prosecutions

Violation of State or Foreign
Hunting or Wildlife-Related Laws

Application of State Anti-Cruelty
Laws to Farmed Animals

Causes of Action Relating to
Slaughter, Meat Sales, and
Disposal

Challenges to Government
Regulation of Farmed Animals

Nuisance and Environmental
Claims

III. Federal Laws Impacting Farmed
Animals

Humane Methods of Slaughter
Act

National Environmental Policy
Act

Resource Conservation and
Recovery Act

Standards for Care and
Treatment

Non-AWA Challenges to Methods
and Standards of Animal Research Facilities

. Hunting, Trapping, and
Fishing

A. General Limitations on First
Amendment Freedom of Speech

IV. Federal Animal Enterprise Terrorism
Act

III. International Agreements Affecting
Animals

Country-of-Origin Labeling for
Meat

Potential Future Effects of WTO
Rules

Table of Cases

References are to Pages

1700 York Assoc. v. Kaskel, 200

2,507 Live Canary Winged Parakeets, United States v., 329

A.H. Bogardus, State v., 435

Aegis Sec. Ins. Co. v. Pennsylvania Ins. Dept, 220

Akers v. Sellers, 192

Alabama-Tombigbee Rivers Coal. v. Kempthorne, 292

Albright v. Oliver, 51

ALDF v. Reynolds, 394, 474

Allen v. Pennsylvania Society for Prevention of Cruelty to Animals, 351

Allen, People v., 60, 351

Alliance for the Wild Rockies v. Salazar, 291

Alma, City of v. Furnas Cnty. Farms, 366

Alternative Research & Dev. Found. v. Veneman, 407

Alternatives Research & Dev. Found. v. Glickman, 407

Alvarado, People v., 72

Amburgey v. Sauder, 150

American Bald Eagle v. Bhatti, 299

American Canine Found. v. City of Aurora, 232

American Dog Owners Assn v. City of Des Moines, 230

American Dog Owners Assn v. City of Lynn, 235

American Dog Owners Assn v. City of Yakima, 235

American Horse Prot. Assn v. U.S. Dept of Interior, 319

American Society for the Prevention of Cruelty to Animals v. Feld Entertainment, Inc., 265

American Society for the Prevention of Cruelty to Animals v. Ringling Brothers and Barnum & Bailey Circus, 264

Americanus v. Wildlife Servs., 333

Ammon v. Welty, 133

Amory v. Flyn, 13

Anderson v. Christopherson, 155

Anderson v. Evans, 308

Animal Legal Defense Fund Boston v. Provimi Veal Corp., 277, 358, 360, 391