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October 14th, 2009


Why Animal Suffering Matters, by Andrew Linzey. Reviewed by Professor Henry Mark Holzer


 
Andrew Linzey is a warhorse of the animal rights movement, and one of its leading intellectuals. He is Director of the Oxford Centre for Animal Ethics and a member of the Faculty of Theology at Oxford University in England.

Dr. Linzey’s newest book, of some twenty, is published by Oxford University Press and is important for at least four reasons.

First, in his own words, “[t]his book attempts to provide a clear, introductory text accessible for high school and university students. * * * This volume is also intended to meet the specific needs occasioned by the increasing number of university courses in animal welfare, animal rights, human-animal studies, animal ethics, animals and philosophy, animals and religion, animal law, and even animal theology at the university level in both Europe and the United States. This is in addition to the many pre-university, advanced-level, and high school courses in the United Kingdom and the United States in liberal arts, humanities, philosophy, religious studies, and ethics that now increasingly include normative questions about our treatment of animals within their fields of study.” Few tasks are more important than this for the animal protection movement, for it is the future generations that will be responsible for making another quantum leap in the understanding of the human-animal relationship, and the protection of the latter. In that respect, Dr. Linzey’s book is more than a welcome addition to the literature; it is an indispensable one.

Second, the structure of Why Animal Suffering Matters well serves the case it makes. Part I is entitled “Making the Rational Case,” and consists of two chapters. Of them, the first—“Why animal suffering matters morally” (Chapter 2 is entitled “How we minimize animal suffering and how we can change”—sets the tone for everything that follows. At the end of Chapter 1 Dr. Linzey provides a summary of its main points, a useful tool for his intended audience. Most important is his central point that whatever differences exist between humans and animals, they are not necessarily morally different. This emphasis on the moral, though not overly theological, aspects of human treatment of animals suffuses Dr. Linzey’s book in a welcome departure from some other works in this genre which minimize the moral case if they address it at all. The reason the book’s structure serves the case it makes is because Part I is an essential predicate to Part II, which examines “Three Practical Critiques”: hunting with dogs, fur farming and commercial sealing. In Dr. Linzey’s discussion of each of these topics omnipresent is always the moral calculus, the litmus test by which these, and other animal-destructive, activities must always be judged.

Third, is the content of the moral calculus itself, too important and serious to be facilely summarized here. Suffice to say that despite the author’s life-long association with theology, his moral case does not rest entirely by an appeal to a “higher being” which somehow bespeaks of the need for humans to be kind to animals. For example—one of many—Dr. Linzey makes the point that if the principle of medical informed consent “is morally sound, the absence of the capacity to give consent [by animals], informed or otherwise, must logically tell against [emphasis in original] the abuse of animals. It makes the infliction of injury not easier, but equally difficult, if not harder, to justify. At Tom Regan extols when weighing the relative risks and harms involved in experimentation: ‘Risks are not morally transferable to those who do not voluntarily choose to take them’.”

Fourth, in Why Animal Suffering Matters Dr. Linzey takes on Peter Singer, a utilitarian considered by many to be the father of the animal rights movement (which, by his own admission, he is not). Among other indefensible ideas, Singer believes it is permissible for “society,” which is nothing more than an aggregation of individuals, to murder disabled newborn babies up to a month old—a “logical” corollary of his view that even partial-birth abortion is morally acceptable, and should be legally as well. If for no other reason—and there are many—Andrew Linzey’s book should be read is because of his critique of Singer’s views, which, for whatever good they may have done years ago for the animal protection movement, have lately allowed our critics to point to his unsavory position on infanticide in an effort to discredit his defensible arguments for animal liberation.

In the end, the first paragraph of Dr. Linzey’s conclusion, sums up much of his book: “Concern for animal suffering, like concern for the suffering of young children, ought reasonably to arise from the following considerations: their inability to give or withhold their consent, their inability to verbalize or represent their interests, their inability to comprehend, their moral innocence or blamelessness, and, not least of all, their relative defencelessness and vulnerability. These considerations, and the sheer volume of animal suffering, are masked, minimized, or obfuscated by a range of powerful psychological and linguistic mechanisms that prevent us from directly confronting our treatment of animals as a moral issue” (emphasis supplied).

Dr. Linzey’s invoking the parallel between young children and animals comes at a coincidental time. On October 6, 2009, the Supreme Court of the United States heard oral argument in the case of United States v. Stevens, which presented the question of whether the government can suppress the creation, possession and sale of depictions of cruelty to animals just as it has been held to possess the constitutional power to suppress depictions of child pornography (a copy of ISAR’s brief in that case can be viewed HERE). There is indeed a correlation, and in each situation the principle which binds the treatment of young children and animals and should protect both is morality.

October 8th, 2009


Two days ago the United States Supreme Court heard oral arguments in United States v. Stevens, the notorious case involving the constitutionality of a federal statute criminalizing the creation, possession or sale of depictions of certain forms of cruelty to animals. Stevens was convicted of the “sale” prong of the statute.

Commentary in the print, broadcast and electronic media has it that the statute is in deep trouble and may be ruled an unconstitutional abridgement of the First Amendment’s guarantee of free speech.

Maybe.

But then again, maybe not.

The Popular Wisdom is apparently based on three things that happened at oral argument.

One was the less than sterling performance of the Deputy Solicitor General of the United States, but that does not matter because few appellate cases are won or lost on oral argument. The justices know the law, read the briefs and are assisted by four law clerks.

I have left oral argument believing I’ve won, but lost. And believed I’ve lost, but won.

Second, Justice Scalia adamantly conveyed his displeasure with the statute, as an infringement of free speech. He is, however, but one of nine justices.

Finally, as usual, Justice Thomas asked no question. He rarely does, but nonetheless well understands the core issue in the case and in the past has written opinions which could augur well for the statute’s constitutionality.

However, questions and comments by Chief Justice Roberts and Associate Justices Kennedy, Breyer and Alito could suggest a decision which would save the statute’s constitutionality.

Almost simultaneously with the publication of this blog on Thursday morning I will be giving a Skype presentation elaborating on these observations and, going out on a long limb, making a prediction of what the Court will decide in this most important case.

ISAR's Skype presentation will be available for download from ISAR's website at www.isaronline.org.

September 16th, 2009

Profit Trumped Principle

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Nationally, ISAR had taken the anti-Vick lead by obtaining numerous signatures in our petition campaign in support of our effort to deny Vick economic and other benefits which he might enjoy as a result of the "celebrity" he acquired from his criminal acts.

To this day, ISAR continues collecting many signatures from supporters.

When in May 2009, ISAR received an e-bulletin from the Humane Society of the United States (HSUS) stating that it was going to "provide an opportunity for Michael Vick to get involved in some of their anti-dogfighting outreach programs." ISAR immediately sent not
one letter, but two letters to HSUS President Wayne Pacelle questioning the humane society's latest move to paper over what Vick had done.

When it became apparent to ISAR that Vick and his handlers were engaged in a sophisticated campaign to have him reinstated and re-employed in the NFL, we wrote to league Commissioner Goodell registering in the strongest terms our disapproval. Our letter can be found
here.

Lest any of ISAR's supporters, let alone Vick, think that we're finished with him, here's what happens next.

ISAR has designed a striking poster displaying the slogan "Profit Trumped Principle" for our supporters to have printed and distributed at events such as NFL games where Michael Vick and the Philadelphia Eagles will be present.

Simply click on the poster image below to obtain a larger file for higher printing quality. Next right click your mouse on the larger image. You will be offered options to save, email or print the image. For best quality results ISAR recommends saving the art file to a flash drive and taking it to your local print shop. There you can have the poster printed in color on a thicker stock of paper. Some printing companies may accept the file via email or if you have access to a color printer feel free to print ISAR's "Profit Trumped Principle" poster at your convenience.

Please help ISAR--in public, and in his face--keep fighting Michael Vick!!

 


January 13th, 2009


FREE SPEECH AND CRUELTY TO ANIMALS

 
It has been said that the enshrinement of free speech and press in the First Amendment gives those civil liberties a “preferred position” in the constitutional pantheon because they make possible all other rights of Americans.

Although the “preferred position” notion has never commanded a majority decision of the Supreme Court of the United States, still, First Amendment rights have long been considered of paramount importance even though several exceptions have been carved into them by the Supreme Court of the United States. For example, so-called “fighting words,” obscenity and defamation are unprotected. “Commercial speech,” is sometimes protected, sometimes unprotected.

Not often do constitutional rights of free speech or religion clash in the Supreme Court of the United States with those of animal rights. They did, however, in the case of Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, Florida, 508 U.S. 520 (1993). The case involved an ordinance of the City of Hialeah, Florida, which prohibited the Santeria cult from sacrificing animals as part of its barbaric “religious” ceremony. (Professor Henry Mark Holzer, ISAR’s chairman, in behalf of ISAR and eleven other animal protection organizations filed amicus curiae (friend-of-the-court) briefs in the Supreme Court in support of the City of Hialeah. For copies of both briefs, CLICK HERE.)

The Hialeah Court unanimously (9-0) ruled the ordinance unconstitutional, as an infringement of the Santerians freedom of religion.

Now, another case is headed for the Supreme Court which also raises First Amendment (speech) and animal rights (cruelty) issues.

A 1999 federal law made it a crime to “create, sell, or possess” depictions of illegal cruelty to animals, especially so-called “crush videos,” the nature of which I leave to the reader’s imagination.

It’s important to understand that the law did not criminalize the illegal cruelty itself, which was and is a crime under the laws of all fifty states. It criminalized, in essence, dissemination of the depictions of illegal cruelty. To the extent that dissemination of videos, DVDs, movies, books, magazines and other graphic materials are exercises of speech (and often press) rights, the federal felony statute seemingly created another exception to First Amendment protections.

A legal search of the home of a Virginia man, Robert J. Stevens, turned up three videos depicting illegal cruelty to animals which were introduced, narrated and commented on by him, together with accompanying printed material of which he was the author.

Stevens was indicted on three counts of violating the statute, convicted, and sentenced to 37 months in prison and three years of supervised release.

On appeal, the United States Court of Appeals for the Third Circuit (in a 10-3 vote) ruled the law to be an unconstitutional abridgment of Steven’s First Amendment right of free speech, and threw out his conviction.

The court majority’s decision turned on whether the First Amendment’s free speech guaranty was outweighed by the federal government’s interest in prohibiting dissemination of depictions of illegal animal cruelty. As the dissenting three judges wrote:

The majority today declares that that the Government can have no compelling interest in protecting animals from intentional and wanton acts of physical harm, and in doing so invalidates as unconstitutional a federal statute targeting the distribution and trafficking of depictions of these senseless acts of animal cruelty. Because we cannot agree, in light of the overwhelming body of law across the nation aimed at eradicating animal abuse, that the Government’s interest in ensuring the humane treatment of animals is anything less than of paramount importance, and because we conclude that the speech prohibited by [the statute] to be of such minimal redeeming social value that its restriction may be affected consistent with the First Amendment, we respectfully dissent.

Thus, what separated the majority and the dissent—what separated the statute’s unconstitutionality from its constitutionality—was application of the test employed by the Supreme Court of the United States when “fundamental rights” such as free speech are restricted by legislation: does the law serve a “compelling government interest and, if it does, is the law “narrowly tailored” to achieve the sought goal? If it does and is, the law will be upheld; if not, not.

United States v. Stevens is headed for the Supreme Court of the United States, the government having filed a Petition for Writ of Certiorari on December 15, 2008.

It is common knowledge that few cases seeking Supreme Court review obtain it. Less well known is that the government’s score card is between fifty and seventy percent, odds which substantially increase when a federal court of appeals has held a federal statute unconstitutional.

If the Court grants review, International Society for Animal Rights will seek permission to submit an amicus curiae (“Friend-of-the-Court”) brief. If permission to file ISAR’s brief is granted, it will be prepared by our chairman, Henry Mark Holzer, Professor Emeritus at Brooklyn Law School.

ISAR’s position will be that, accepting as law of the land the Court’s “compelling interest/narrowly tailored” test, the federal statute declared unconstitutional by the Third Circuit in the Stevens case satisfied those requirements.

While the Solicitor General representing the United States (and doubtless various amici curiae) will appropriately focus on the government interest in prohibiting the dissemination of depiction of cruelty to animals per se, ISAR’s brief will address the philosophic and moral premises for animal rights, making arguments which are at the foundation for the anti-cruelty laws’ very existence.

ISAR extends an invitation to other animal protection organizations to join our brief, per the following procedure:

When a draft of ISAR’s brief is ready, it will be posted on our website.

Organizations interested in joining the brief, at no cost to themselves, will be able to do so by downloading a pdf letter of agreement, having it executed by the proper party, and returning it to ISAR. (There will be no negotiation as to the brief’s contents.)

Any organization wishing to be kept abreast of developments in this case, and to be notified that the draft brief has been posted, can do so only by signing up to receive ISAR's E-Newsletter (please include the word "brief" in the comments box.)

November 10th, 2008

Half a Loaf

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The animal rights/welfare movement here and abroad is awash in proposed legislation (see ISAR's Model Mandatory Spay/Neuter statute), much of which will never be enacted or, if enacted, never enforced.

So the question is whether it is cause for rejoicing when pro-animal legislation actually becomes law.

We have seen three examples in as many months.

The Swiss have enacted a sweeping animal protection law. It includes handling guidelines for cats, dogs, sheep, goats and horses. There is a six-hour time limit for the transportation of livestock. Piglets cannot be castrated without anaesthesia.

Massachusetts has banned greyhound racing throughout the Commonwealth.

A California ballot initiative has just been approved that seeks to provide more living space to animals raised for human food: "Certain farm animals [shall] be allowed, for the majority of every day, to fully extend their limbs or wings, lie down, stand up and turn around."

However, the Swiss law allows dairy farmers to keep their cattle tied up in stalls for 240 days of the year. Tie-stalls for horses are to be phased out over five years. Zoo animals, like rhinos, can be confined in small winter quarters. Wild animals in circuses are still permitted (though banned in neighboring Austria).

The Massachusetts greyhound ban does not become effective until 2010.

California's "living space" initiative gives farmers until 2015 to shift to more humane animal production systems.

Yet, for some in the animal rights/welfare movement these measures are not only not enough (and they aren't!), but the laws are to be disdained because they don't go far enough.

These folks believe that when laws like this are proposed they should be fought, because passage of these useful but wholly inadequate enactiments give opponents the ability to argue that "enough is enough"--that the movement clamored for these laws, they were enacted, and that's all the affected animals are entitled to, at least for years to come.

This absolutist position is defensible, making for a hard choice: wait for perfection, while countless animals continue to suffer, or take what can be had when possible, but continue fighting for perfection?

In other words, is half-a-loaf better than none?

Much better--particularly, if you're a veal calf spending your entire life in a crate.


www.isaronline.org
www.isaronline.blogspot.com

August 5th, 2008

WE CAN!!!

http://www.isaronline.org/billboard_campaign.html

Check out ISAR's new Sponsor-A-Billboard Campaign to find out how you can promote spay/neuter and your organization/company at the same time!

July 24th, 2008

Websites Providing Information About Animal Law

As a service to the animal law legal community, for general informational purposes, and to demonstrate how much animal law has permeated the American legal culture, ISAR is pleased to provide the names of organizations whose websites provide useful information about that subject.

American Bar Association, Blawg Directory: Animal Law
http://abajournal.com/blawgs/animal+law
Lists the most popular Animal Law Blogs, based on access by ABA members.

American Bar Association, Tort Trial & Insurance Practice Section, Animal Law Committee http://www.abanet.org/tips/animal/home.html
List of American Bar Association programs relating to animal law, and projects of the committee. Also contains archive of committee newsletters.

Animal Law Blog
http://animallawonline.blogspot.com/
Posts news stories pertaining to animal law cases, as well as other animal-related news. Also lists names and links for animal law attorneys nationwide, and state bar associations with animal law sections.

The Animal Law Center
http://www.theanimallawcenter.com/
Animal law firm whose site provides several links to national and international statutes, and other animal law sites.

Animal Law Coalition
http://www.animallawcoalition.com/
Posts breaking animal law news as well as the state of the law, grouped into several different animal law issues. Also contains message board for member and visitor discussion.

Animal Law Resources
http://www.animallawresource.com/
Links to California Animal Law Enforcement Guide. Enforcement The Guide is a .pdf, requiring Adobe Acrobat, and details California animal laws and enforcement powers of officials.

Animal Law Review
http://www.lclark.edu/org/animalaw/
Contains abstracts from past and current animal law articles featured in the Review, as well as links to other animal law organizations.

Animal Legal Defense Fund
http://www.aldf.org/
Contains recent animal law cases and incidences of publicized animal abuse. Also contains information for the general public (abuse statistics and assistance finding animal law attorneys), lay professionals (books, periodicals, and courses), and attorneys (case law, statutes, and legal forms).

Animal Legal Reports Services
http://www.animallegalreports.com/
Subscription service, providing in-depth analysis and commentary on animal law court decisions and their impact.

Animal Links: Animal Legislation
http://www.animalinks.net/links/legal.html
Basic page with links to Animal Law Attorneys, Animal Law programs, and Animal Law Legislation resources.

Animal Pet Doctor, Animal Laws and Regulations, http://animalpetdoctor.homestead.com/laws.html
Basic site with a few animal-related laws, as well as a few links to other sites. Unprofessional writing tone and page composition, and images make the bottom third hard to read.

Animal Protection of New Mexico
http://www.apnm.org/publications/animal_law/index.php
Comprehensive list of New Mexico animal laws by city and county, as well as some state resources and links for understanding and interpreting statutes.

Animal Rights Legal Advocacy Network
http://www.arlan.org.nz/Homepage.html
New Zealand site, with snapshots of pending legislation, animal law conferences, and links to other websites.

Animal Welfare Institute
http://www.awionline.org/Default.htm
Has links under the “Government and Legal Affairs” tab to current and pending federal legislation relating to animal issues.

Animallaw.com
http://www.animallaw.com/
Contains numerous animal law statutes and cases, as well as model laws for legislative use. Also contains a searchable bibliography of animal law-related publications, including books, journal and newspaper articles, and government documents.

Anne Arundel County, Maryland, County Code Provisions Relating to Animal Control http://www.co.anne-arundel.md.us/AnimalControl/laws.cfm
Lists local animal law provisions.

Association of Lawyers for Animal Welfare
http://www.alaw.org.uk/
United Kingdom site, containing animal law articles including an international news feed.

Best Friends, Animals and the Law http://www.bestfriends.org/theanimals/pdfs/allpets/animallaw.pdf.
A basic primer on the state of legal rights of animals, the process of finding an animal law attorney, and online resources. The .pdf file, requires Adobe Acrobat.

Best Friends, The Legal Animal
http://network.bestfriends.org/animallawcoalition/news/
News, forums, blogs, and online resources for an online community, some containing multimedia including video. (Still in “beta” mode, so format may change).

Born Free U.S.A.
http://www.api4animals.org/
Includes some current legislation pertaining to animal protection.

California Western School of Law, San Diego, Animal Rights and Welfare http://www.cwsl.edu/main/default.asp?nav=electronic_resources.asp&body=electronic_resources/animal_rights.asp
A research guide containing sources available at the library, as well as miscellaneous electronic sources.

Center for Wildlife Law
http://ipl.unm.edu/cwl/
Contains information on various Center Wildlife Law projects. Also links to Wildlife Law publications, though does not contain much information on the site itself.

Defenders of Wildlife
http://www.defenders.org/index.php
Under “In the Courts” tab, lists issues Defenders of Wildlife pursues in the courts, as well as statutes relevant to animal and environmental.

Dog Bite Law
http://www.dogbitelaw.com/
A collection of national dog bite laws, with links for legal professionals, dog owners, bite victims, and more.

Dog Law
http://doglaw.hugpug.com/index.html
Lists legal resources relating only to dogs, organized by canine activities.

Doris Day Animal League
http://www.ddal.org/
Under “Legislative Update” tab, has links to current animal protection bills. Also has “Resources and Links” tab listing legislative research search engines and tools.

Equine Legal Solutions
http://www.equinelegalsolutions.com/
A collection of legal (and insurance) issues faced by horse-owners.

Estate Planning for Pets Foundation
http://estateplanningforpets.org/
Answers Frequently-asked questions about estate planning for pets, as well as providing links to assist with that issue.

Florida Animal Law
http://www.floridaanimallaw.com/
Comprehensive list of Florida animal laws, federal animal laws, and animal organizations. Also includes recent news stories regarding animal law topics.

Florida Animal Laws
http://www.floridaanimallaws.org/
Lists Florida animal laws, as well as links to other state animal legislation. (Very basic site, which appears to be expanding.

Florida State University College of Law Research Center Blog, Animal Law and Welfare http://fsulawlibraryblog.typepad.com/fsu_college_of_law_librar/animal_law_and_welfare/index.html
Basic news feed of animal law developments. (Does not appear to be updated very often.)

Free Information on Pet, Dog, Cat, & Horse Laws
http://petcaretips.net/pet_law.html
Basic compilation of links relating to animal laws, divided by species.

George Washington University Law School, Animal Law
http://www.law.gwu.edu/academics/animal+law+at+gw/overview
Outline of University’s programs, annual conferences, and an animal law news archive.

Georgetown Law Library Animal Law Research Guide
http://www.ll.georgetown.edu/guides/AnimalLaw.cfm
Lists of books, periodicals, and websites dealing with animal law, both United States and International. Also includes suggestions for conducting additional research on the topic.

Gonzaga University School of Law Library Animal Law, http://www.law.gonzaga.edu/Library-and-Technology/Files/Reference-and-Research/Research-Guides/Chastek-Pathfinders/AnimalLaw.pdf
A .pdf file explaining animal law concepts, and good bibliography of cases, books, periodicals, and electronic sites.

Great Ape Project
http://www.greatapeproject.org/
Organization working to give great apes the status of personhood under laws, rather than property. Has a basic “news and information” tab for additional information.

Great Ape Standing and Personhood
http://www.personhood.org/index.html
Site promoting the treatment of great apes as persons for the sake of legal statute enforcement, and promotion of this treatment, eventually, for other animals. Also includes a news feed on the international progress of this movement.

Hounded, Cowed, and Badgered
http://hcb.typepad.com/hounded_cowed_badgered/
An animal law blog from an animal rights perspective. Has posts of animal law related news and commentary. (Does not appear to have been updated since March 2008, though a summer “relaunch” is promised.)

Humane Animal Law Organization
http://www.haloofwi.org/
Contains information about animal laws and ordinances, particularly in Wisconsin. Also links to pet guides on a variety of topics.

Humane Society of the United States, Animal Protection Litigation Section http://www.hsus.org/in_the_courts/
Lists active cases pursued by the organization, legal news, and pro bono opportunities for attorneys.

International Institute for Animal Law
http://www.animallawintl.org/
Links to databases of animal law statutes, animal law lectures, and research projects. Site promises to contain recent animal law news “soon.”

International Society for Animal Rights
http://www.isaronline.org/index.html
Contains substantial information about animal law, including the first state and federal case ever to mention “animal rights.” Extensive site map.

Johnson County Humane Society
http://johnsoncountyhumane.org/law.html
Lists applicable animal law statutes for Iowa, broken down by county. Also has additional links for federal laws and animal law organizations.

Journal of International Wildlife Law & Policy
http://www.jiwlp.com/index.html
List of journal’s articles and instructions for submission, as well as a database search engine focused on international animal law treaties.

King County Law Library Animal Legal Research Guide http://www.kcll.org/researchhelp/researchguides/animallaw.html
Lists animal law sources with an emphasis on Washington State Law. Divides sources into primary and secondary sources, as well as providing additional research tips.

L.A. County Online, Animal Laws and Ordinances
http://animalcare.lacounty.gov/LawsOrdinances.asp#Breeder
Bare-bones listing of Los Angeles County laws relating to animals.

Lawyers.com, Animal Law
http://animal-law.lawyers.com/
Links to some basic animal-law related articles, message boards, and a directory for finding local animal law attorneys.

Louisiana Pet Lawyer
http://www.lapetlawyer.com/
Posts news and advice beyond typical “animal law,” including estate planning, pet custody, and other pet trends in the law.

Louisiana State Bar Association, Animal Law Section
http://www.animallawla.org/index.htm
Very basic site, with information about attorney members of the section and listing of state animal law provisions.

Maryland Pet, Animal Welfare Organizations, Laws and Legislation http://www.marylandpet.com/animal_welfare_laws_legislation.htm
Lists national animal law sites, as well as regional and national animal welfare organizations.

Maryland State Bar Association, Animal Law Section, http://www.msba.org/sec_comm/sections/animallaw/index.htm
Limited website, with section ethics opinions, legislative testimony, and meeting minutes.

Massachusetts Trial Court Law Library
http://www.lawlib.state.ma.us/animals.html
Lists Massachusetts animal laws, regulations, and case law, as well as a few additional web resources.

Medlibrary.org
http://medlibrary.org/medwiki/Animal_law
Article explaining basics of animal law, as well as links to animal law organizations and a handful of statutes.

MegaLaw.com Animal Rights and Pet Law
http://www.megalaw.com/top/animal.php
Basic listing of anti-cruelty statutes, case law, and related websites. (Lacks any accompanying context or commentary.)

Michigan State University College of Law: Animals Legal & Historical Web Center http://www.animallaw.info/
Database with over 800 full-text animal law cases, and 1,000 animal law statutes. Most are U.S., but some international law as well. Comprehensive “Frequently Asked Questions” section for attorneys and non-attorneys, as well as detailed search engine.

Minnesota State Bar Association, Animal Law Section http://www2.mnbar.org/sections/animal-law/index.asp
Basic site with a few practice links and basic information about members of the organization.

Mississippi Canine Coalition, Inc.
http://www.mississippi-canine-coalition.org/home
Lists Mississippi state animal law legislation, with a focus on dog ownership.

National Anti-Vivisection Society
http://www.navs.org/site/PageServer?pagename=index
Lists recent and pending legislation regarding animal rights and other developments in the area of animal law.

National Association for Biomedical Research, Animal Law Section http://www.nabr.org/AnimalLaw/index.htm
Definitions and summary of anti-cruelty laws and other laws affecting animal-based research. Clearly slanted towards pro-biomedical research.

National Center for Animal Law
http://www.lclark.edu/org/ncal/
Contains information about NCAL, different components of the law that make up “animal law,” and career links for animal law-based careers. It also contains information about Lewis and Clark Law School’s animal law curriculum, animal law-based extra curricular activities, and the group’s annual Animal Law Conference

National Institute for Animal Advocacy
http://www.nifaa.org/index.html
Details training program for effective lobbying on behalf of pro-animal legislation.

New Hampshire Animal Law and Animal Rights
http://www.nhanimallaw.com/
Contains New Hampshire animal laws and statutes, web links, and New Hampshire animal news.

New York State Bar Association, Special Committee on Animals and the Law http://www.nysba.org/AM/Template.cfm?Section=Special_Committee_on_Animals_and_the_Law_Home
Lists education programs, relevant statutes, electronic sources and publications relating to animal law, with an emphasis on New York State animal laws.

Oklahoma Animal Laws
http://www.mypetnanny.info/pd/Laws/OK.htm
Basic list of animal laws for Oklahoma, as well as animal law websites. Additional links relating to animal cruelty, puppy mills and pet store violations.

Open Directory, Society: Issues: Animal Welfare: Legal http://www.dmoz.org/Society/Issues/Animal_Welfare/Legal/
A very basic collection of animal law sites, with no real overall theme to provide context.

Orange County Community Resources, Orange County Animal Care http://www.ocpetinfo.com/animfield_laws.htm
Basic listing of Orange County, California animal laws.

Pet-Abuse.com,
http://www.pet-abuse.com/
Tracks upcoming animal abuse cases, and other animal-related cases, on dockets nationwide. Also contains chart of animal abuse laws state-by-state.

PetGuardian Pet Trust Plans http://www.petguardian.com/common.php?v_section=1&flash=yes
Contains information about creating a pet trust for care of pets whose owners predecease them.

Santa Clara Law, Guide to Animal Law
http://www.scu.edu/law/library/guide-to-animal-law.cfm
Links to monographs, journal articles, and electronic resources relating to animal law.

Species Survival Network
http://www.ssn.org/index.htm
Website run by an international coalition of non-governmental organizations (NGOs) committed to the promotion, enhancement, and strict enforcement of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Contains information about CITES and other Animal Treaties, as well as recent news.

State Bar of Michigan, Animal Law Section
http://www.michbar.org/animal/
Variety of information, including a listserv, events, and newletters in addition to news, legislation, and legal resources.

State Bar of Texas, Animal Law Section
http://www.animallawsection.org/
Lists animal law treatises and papers featured in the Section’s Continuing Legal Education presentations. Contains little else.

Suffolk University Law Library: Animal Law
http://www.law.suffolk.edu/library/research/a-z/resguides/animal.cfm
Has links to federal and state law links, books, periodicals, law review articles, and major websites.

United States Department of Agriculture, National Agricultural Library, Animal Welfare Information Center, Government and Professional Resources http://awic.nal.usda.gov/nal_display/index.php?tax_level=1&info_center=3&tax_subject=182
Roundup of federal animal law statutes and regulations. Also has links to state and international statues and regulations.

University of Chicago Law Library, Animal Law and Animal Rights: An Introductory Guide to Selected Resources
http://www.lib.uchicago.edu/e/law/news/AnimalLaw.pdf
Lists a handful of publications and electronic resources. Also includes search tips to find additional sources.

University of Tennessee, Knoxville Law Library
http://www.law.utk.edu/library/petlaw.htm
Lists research guides, journal articles, treatises, and other sources pertaining to animal law. Most concern Tennessee state laws, though some are national.

Washington State Bar Association, Animal Law Section
http://www.wsba.org/lawyers/groups/animallaw/default1.htm
Links to information relating to animal law practice in Washington State, including events and newsletters.

Wisconsin State Law Library, Animal Law
http://wsll.state.wi.us/topic/animal.html
Lists Wisconsin local and state statutes and ordinances regulating animal abuse and sales. Also lists national and state agencies engaged in the advocacy and protection of animals.

World Animal Net, Animal Protection Law
http://worldanimal.net/protect.html
Good primers on the usefulness of animal law legislation, both national and international, and links to books and electronic resources.

Young Williams Animal Center
http://www.knoxpets.org/animallaw.asp
Outlines animal laws for various governmental levels, including federal, state (Kentucky), county (Knox), and city (Knoxville) levels.

July 14th, 2008

Overview of ISAR’s Revolutionary Model Mandatory Spay/Neuter Statute

ISAR is pleased to announce that its new monograph, ISAR’s Revolutionary Model Mandatory Spay/Neuter Statute is now available at its website, http://www.isaronline.org/, under Site Map/LAW/Monographs. (See our blog of Wednesday, July 2, 2008, for the Table of Contents). We encourage constructive comments.

Counting the six appendices—which provide extensive bibliographies of books, articles and statutes relating to mandatory spay/neuter, legal cases directly and indirectly on that subject, and a lengthy resource explaining the legislative process generally and how animal advocates can use it to achieve their goals—the monograph is 125 pages long. Interested persons are encouraged to download and/or print it, and they may reproduce the monograph in accordance with the permission conditions that appear on the copyright page.

The Introduction explains the context in which the monograph has been written, which is that mandatory spay/neuter “laws must be grounded not in hope, sentiment, or a benevolent opinion of mankind, but rather in the world as we find it—a real world where companion animals are too often thought of as virtually inanimate objects, mere property to be used and abused by humans.”

Part A, “The Policy Component of the Companion Animal Overpopulation Problem,” establishes the foundation premises upon which rest the remainder of the monograph: that there is today a huge national problem of companion animal overpopulation (Chapter I), that at present the only way to ameliorate it is through spay/neuter (Chapter II), and that these medical procedures must be made mandatory (Chapter III).

Part B, “The Legal Component of the Companion Animal Overpopulation Problem,” is necessarily the next consideration because if spay/neuter is to be mandatory, statutes of state-wide application will have to be enacted. To understand fully ISAR’s Revolutionary Model Mandatory Spay/Neuter Statute and the philosophy that underlies it, an analysis is necessary of existing spay/neuter statutes (Chapter IV). Only against that background can ISAR’s model statute be understood and appreciated (Chapter V). Once one is talking statutes, inevitably the question of constitutionality or unconstitutionality arises, a crucial consideration for mandatory spay/neuter legislation (Chapter VI). Finally, once the constitutional hurdle is surmounted, other related issues arise (Chapter VII): For purposes of enforcement and otherwise, how to identify all companion animals; low-cost spay/neuter for the indigent; early-age spay/neuter; Departments of Animal Affairs.

Part C, “The Legislative Component of the Companion Animal Overpopulation Problem,” reveals how even the worst alleged “mandatory spay/neuter” statutes can be subverted by politicians, as recently occurred in California (Chapter VIII). As an antidote to fruitless lobbying and craven legislators, ISAR presents a powerful resource for animal advocates who seek to maximize their chance of getting legislation introduced and enacted (Chapter IX).

Part D, “Morality and Spay Neuter” (Chapter X) makes the case that animal protection, and mandatory spay/neuter as one element in accomplishing that task, is at root a moral issue. The chapter concludes with the thought that “[a]s ISAR’s national billboards beseech the public: “Spay/Neuter: It Reduces the Killing.”

July 8th, 2008

The Case Against Zoos

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 There are many arguments against the existence of zoos, and there are many articles and some books that make a convincing case for their closure. (Among the latter is Peter Batten’s Living Trophies.) Some, but by no means all, of those arguments are:

· Zoo animals are often acquired from dealers who, in turn, have obtained them by brutal means.

· They are transported to their destinations, often over great distances, in a primitive manner with little, if any, regard to what kind of treatment their species requires.

· They are subject to attacks by vandals, and even psychopaths.

· They are often held in sterile cells or cages, suffering the debilitating effects of solitary confinement.

· They receive inadequate nutrition, eating unpalatable synthetic food, and inadequate medical care, suffering illness and disease, because of zoos’ financial constraints and zookeepers’ indifference.

· They are traded like baseball cards among zoos and other animal exhibitors, to satisfy perceived display needs.

· They are cross-bred, creating animals called “tigons” or “ligers,” that are, Frankenstein-like, neither tigers or lions.

· They are denied the life dictated by their genes and nature.

These are but a few of the reasons zoos should cease to exist, and each of them have been elaborated at great length elsewhere.

But the most fundamental objection to zoos, understood and expressed by only a small segment of today’s animal rights movement, is that zoos are an immoral enterprise because they exploit and abuse living creatures for the entertainment of the crowd, and in so doing so cause and perpetuate immeasurable suffering.

Zoos are an outrageous affront to the nature and dignity of the animals imprisoned there. The humans who gawk at zoo inhabitants are co-conspirators in the crime perpetrated against the captive animals.

Why, then, do they exist?

Geordie Duckler has written incisively at 3 Animal Law 189 (1997) that:

Zoo animals are currently regarded as objects by the state and federal courts and are perceived as manifesting the legal attributes of amusement parks. The few tort [civil wrong] liability cases directly involving zoos tend to view them as markets rather than as preserves; the park animals are viewed as dangerous recreational machinery more akin to roller coasters or Ferris wheels than to living creatures. Courts typically treat zoo keepers and owners as mechanics and manual laborers responsible for the maintenance of these dangerous instrumentalities. Disputes concerning the possession, sale and care of exotic animals, as well as the administration of the habitats in which such animals are housed, have also been treated by the courts in terms of control of materials for public exhibit and entertainment.

Note the words that I have italicized, chosen carefully by Duckler to describe captive animals imprisoned in zoos: objects, machinery, instrumentalities, materials.

In other words, zoo animals, though living creatures, are nothing more than inanimate objects.

Consider that. Primates, large cats, the magnificent elephants are no different from chairs, cars, xrays, yarn.

How, one may ask, is this possible conceptually? How can animals, that breathe, eat, drink, sleep, walk, climb, run, copulate, fear, nurture, reproduce, be considered mere inanimate objects?

Putting aside bloody biblical texts, Greco-Roman barbarity, and the influential anti-animal views of Thomas Aquinas, the father of current prevailing attitudes about animals was renowned Christian philosopher-mathematician Rene Descartes. He held that animals were automa­tons—literally. Decartes asserted that lacking a Christian “soul,” they pos­sessed no consciousness. Lacking a consciousness, he concluded, they experienced neither pleasure nor pain.

Decartes’s belief was a con­venient one because it allowed him to rationalize the dissection of unanes­thetized living creatures—all in the name of advancing the knowledge of anatomy.

If “advancing knowledge” as a rationale sounds familiar, let’s look at some of the major excuses, but certainly not legitimate justifications, for the existence of zoos today.

They supposedly “teach people about animals”—as the captive creatures pace interminably in cages, often in solitary confinement, or inhabit the same indoor/outdoor enclosure for life while humans throw them Cracker Jacks.

They allegedly “provide scientists an opportunity to study them”—while they no longer act as their genes and instinct drive them, neither seeking food nor roaming through natural habitats.

They presumably support “breeding programs,” especially of endangered species, both as an end in itself and to use the animals as barter with other zoos.

Even if these and other “practical” rationalizations for the existence of zoos were defensible, and they are not, none of them should be allowed to trump the fact that zoos are an immoral enterprise because they exploit and abuse living creatures for the entertainment of the crowd, and in so doing so cause and perpetuate immeasurable suffering.

Zoos are an outrageous affront to the nature and dignity of the animals imprisoned there. The humans who gawk at zoo inhabitants are co-conspirators in the crime perpetrated against the captive animals.

It is in the name of moral principle that zoos should be abolished, for the benefit of the captive “living trophies” and in the name of humane principle.

 www.isaronline.org  

2008 VIGILS
International Homeless Animals' Day August 16, 2008

Event Schedule for International Homeless Animals' Day: August 16, 2008

Check back frequently for updates.

 

 UNITED STATES

 

Arkansas

Sponsor(s): Murphy Dog Park
Vigil Site: Murphy Dog Park, Rogers, AR
Date & Time: August 16, 2008 - 7:00PM - 9:30PM
Contact: Toni Carter, Phone: 479-426-3640, Email: tocarter@sbcglobal.net
Event: Blessing of the Animals, live music, awards, candlelight vigil

 

 

California

Sponsor(s): From the Heart Animal Behavior and Dog Training
Vigil Site: 561-I Brunken Avenue, Salinas, CA 93901
Date & Time: August 16, 2008 - 1:00PM - 5:00PM
Contact: Barbara DeGroodt, Phone: 831-783-0818, Fax: 831-783-0657,
Email: k9tootr@fromtheheart.info, Website: www.fromtheheart.info
Event: Mardi Gras theme, adoptions, food, silent auction, games, candlelight vigil

 

 

Connecticut

Sponsor(s): The Queenie Foundation, Inc.
Vigil Site: East Hartford Town Green
Date & Time: August 16, 2008 - 4:00PM - 8:00PM
Contact: Enid Breakstone, Founder and Exec. Director, Phone: 860-649-4488,
Email: queeniefound@hotmail.com, Website: www.queeniefoundation.org
Event: Meet 'n Greet, Blessing of the Animals, Candlelight Vigil 

 

 

Indiana

Sponsor(s): Knox County Humane Society
Vigil Site: Gregg Park's Band Shell
Date & Time: August 16, 2008 - 3:00PM - 6:00PM (Dog Swim) 6:00PM Vigil
Contact: Kathy Dotson, Phone: 812-886-0403, Email: jkdot@vincennes.net,

Website: www.kchumanesociety.com
Event: Dog Swim, Vendors, Candlelight Vigil

 

 

Pennsylvania

Sponsor(s): Hope - Hounds of Prison Education
Vigil Site: Borders Books & Music, Camp Hill, PA
Date & Time: August 16, 2008 - 11:00AM - 2:00PM
Contact: Kelly McGinley, Email: hopedogs@comcast.net,

Website: http://www.hopedogs.org/events.htm
Event: Meet & Greet

 

 

Rhode Island

Sponsor(s): Defenders of Animals
Vigil Site: Rose Larisa Park (across from the Crescent Park Carousel), Riverside, RI
Date & Time: August 16, 2008 - 6:00PM - 9:00PM
Contact: Dennis Tabella, Phone: 401-738-3710, Email: defendersanimals@aol.com,

Website: www.defendersofanimals.org
Event: Awards, Musical Entertainment, Candlelight Vigil

 

 

Virginia

Sponsor(s): Holly Help Spay Neuter Fund with Believe in Bristol
Vigil Site: Cumberland Street Park, Downtown Bristol
Date & Time: August 14, 2008 - 6:00PM
Contact: Sue Williams, Phone: 276-466-5375, Email: jshelli856@earthlink.net,
Website: www.hollyhelp.org
Event: Bark in the Park, Rescue Groups, Candlelight Vigil

AND
Vigil Site: State Street, Bristol, VA/TN
Date & Time: August 15, 2008, 5:00PM - 10:00PM
Contact: Sue Williams, Phone: 276-466-5375, Email: jshelli856@earthlink.net,
Website: www.hollyhelp.org
Event: Border Bash, Candlelight Vigil (Please bring own candle)

June 25th, 2008

2008 VIGILS
International Homeless Animals' Day August 16, 2008

Event Schedule for International Homeless Animals' Day: August 16, 2008

Check back frequently for updates.

 

 UNITED STATES

 

California

Sponsor(s): From the Heart Animal Behavior and Dog Training
Vigil Site: 561-I Brunken Avenue, Salinas, CA 93901
Date & Time: August 16, 2008 - 1:00PM - 5:00PM
Contact: Barbara DeGroodt, Phone: 831-783-0818, Fax: 831-783-0657, Email: k9tootr@fromtheheart.info, Website: www.fromtheheart.info
Event: Mardi Gras theme, adoptions, food, silent auction, games, candlelight vigil

 

 

Connecticut

Sponsor(s): The Queenie Foundation, Inc.
Vigil Site: East Hartford Town Green
Date & Time: August 16, 2008 - 4:00PM - 8:00PM
Contact: Enid Breakstone, Founder and Exec. Director, Phone: 860-649-4488,
Email: queeniefound@hotmail.com, Website: www.queeniefoundation.org
Event: Meet 'n Greet, Blessing of the Animals, Candlelight Vigil 

 

 

Indiana

Sponsor(s): Knox County Humane Society
Vigil Site: Gregg Park's Band Shell
Date & Time: August 16, 2008 - 3:00PM - 6:00PM (Dog Swim) 6:00PM Vigil
Contact: Kathy Dotson, Phone: 812-886-0403, Email: jkdot@vincennes.net,

Website: www.kchumanesociety.com
Event: Dog Swim, Vendors, Candlelight Vigil

 

 

Rhode Island

Sponsor(s): Defenders of Animals
Vigil Site: Rose Larisa Park (across from the Crescent Park Carousel), Riverside, RI
Date & Time: August 16, 2008 - 6:00PM - 9:00PM
Contact: Dennis Tabella, Phone: 401-738-3710, Email: defendersanimals@aol.com,

Website: www.defendersofanimals.org
Event: Awards, Musical Entertainment, Candlelight Vigil

 

 

Virginia

Sponsor(s): Holly Help Spay Neuter Fund with Believe in Bristol
Vigil Site: Cumberland Street Park, Downtown Bristol
Date & Time: August 14, 2008 - 6:00PM
Contact: Sue Williams, Phone: 276-466-5375, Email: jshelli856@earthlink.net,
Website: www.hollyhelp.org
Event: Bark in the Park, Rescue Groups, Candlelight Vigil

AND
Vigil Site: State Street, Bristol, VA/TN
Date & Time: August 15, 2008, 5:00PM - 10:00PM
Contact: Sue Williams, Phone: 276-466-5375, Email: jshelli856@earthlink.net,
Website: www.hollyhelp.org
Event: Border Bash, Candlelight Vigil (Please bring own candle)

 

June 6th, 2008

Dear Friends, 

     As you may already know, in 1992, ISAR introduced National Homeless Animals’ Day as an innovative educational vehicle with a purpose of informing society of an American tragedy that overwhelms animal shelters each year – pet overpopulation. Since the conception of National Homeless Animals’ Day, ISAR has reserved the third Saturday of August, commemorating the Day annually, to promote new campaigns, programs, and ideas on the solution to the pet overpopulation epidemic: spay/neuter.  

 

    In 2007, for the 16th consecutive year, ISAR is pleased to have assisted animal rights/welfare organizations in 35 states and 11 foreign countries in making their National Homeless Animals’ Day events a success.

 

     Now, because of the ever-growing, successful international participation in National Homeless Animals’ Day by foreign animal protection organizations, ISAR will in the future formally acknowledge this global participation by officially entitling our crusade “International Homeless Animals’ Day.”

 

   We are asking all animal organizations and interested individuals to assist ISAR in enlightening others about the pet overpopulation epidemic and increase spay/neuter awareness by joining us in commemorating our 17th annual observance on August 16, 2008.

 

     Individuals or organizations wishing to take part in this year’s International Homeless Animals’ Day on August 16, 2008, can receive a free vigil packet by submitting a request to ISAR via mail, phone, fax, or email. Our vigil packets include guidelines for organizing a successful vigil with tips on site selection, reaching target audiences, suggestions for speakers and vigil events, poems, songs, sample press releases, and proclamations are but a few of the items included in our packet. To save our printing costs, vigil packets are only sent upon request.

 

     We have appreciated everyone’s participation in the past year’s events and look forward to working with those interested in participating in International Homeless Animals’ Day 2008. Please email me (colleen@isaronline.org) if you plan on having an observance for International Homeless Animals’ Day.

 

     If you do plan on hosting an International Homeless Animals’ Day Candlelight Vigil/Observance, we will add you to the list to receive a vigil/event planning kit as soon as they are ready. Please send us your name, organization name, and mailing address so we know where to ship the vigil packet to.

 

     I look forward to hearing from you and wish you the best with all of your projects and programs!

 

     Sincerely,

     Colleen Gedrich

     ISAR Program Coordinator

 

INTERNATIONAL SOCIETY FOR ANIMAL RIGHTS (ISAR)

Law and Education Serving Animals

965 Griffin Pond Road

Clarks Summit, PA 18411

 

Phone: 570-586-2200

Fax: 570-586-9580

Email: Colleen@isaronline.org  

Website: www.isaronline.org

Blog: www.isaronline.blogspot.com

MySpace: www.myspace.com/i_s_a_r

 

 

“INTERNATIONAL HOMELESS ANIMALS’ DAY is a registered trademark of the International Society for Animal Rights and NATIONAL HOMELESS ANIMALS’ DAY is a trademark of the International Society for Animal Rights

 

May 30th, 2008

CONNECTICUT

WHO: The Queenie Foundation, Inc.
WHERE: East Hartford Community Cultural Center (EHCCC) and East Hartford Town Green, 50 Chapman Place, East Hartford
WHEN: Saturday, August 16, 2008
WHAT: Meet & Greet 4:00PM - 7:00PM, Blessing of the Animals 6:30PM, Presentation/Candlelight Vigil 7:00PM - 8:00PM
MORE INFO: http://www.queeniefoundation.org/ihad.html
Tags:

May 8th, 2008

Last March, this Blog made brief mention of a monograph that ISAR has prepared for complimentary distribution, Harming Companion Animals: Liability and Damages. Because of the importance of the subject, we’re going to expand on that mention today.

Too often, especially with the advent of the Internet, advice is sought from ISAR by the custodians of companion animals about harm done to them by veterinarians through misdiagnosis, prescribing the wrong medicine, operating unnecessarily or not at all when they should, and committing every other kind of malpractice imaginable. We also receive heartbreaking reports of intentional acts of cruelty perpetrated against companion animals: dogs shot by neighbors, cats stoned by teenagers, horses maimed by sadists.

The media exposure now being given to the harm being visited upon companion animals understandably causes nightmares for their custodians, who live in fear their animals may be the next victims.

Given what is now known about the emotional aspects of the human animal bond, and how the millions of companion animal caretakers experience that bond, it’s not surprising that when harm is caused the custodian seeks some kind of recourse.

Often a complaint is made to prosecutors, the licensing authorities, or the Better Business Bureau. Sometimes newspaper announcements are placed, reporting what the wrongdoer did, or failed to do. Mostly, however, the reaction of choice is a lawsuit—usually not to recover damages for their own sake, but to expose the wrongdoer’s conduct, to prevent him from harming any animals in the future, and/or, sometimes, to punish him financially.

Once virtually unheard of, in the past two decades the number of civil lawsuits arising out of harm to companion animals has soared. Various reasons have been given for this phenomenon, among them the information explosion, a more litigious culture, a burgeoning literature on the subject, more lawyers willing to take such cases, the development of new theories on which to sue, a greater awareness of the importance of companion animals to their caretakers’ quality of life, and a greater willingness on the part of legislatures and courts to treat seriously the harm done to companion animals.

But to say that “the number of civil lawsuits arising out of harm to companion animals has soared,” is not to say that the litigation is succeeding. In fact, despite the occasional anecdotal story that makes the news-papers and a sound bite on local TV news, much of the litigation is not succeeding—not if success is measured by achieving the lawsuits’ primary goal: imposing a financial penalty on the wrongdoer so that his conduct will be deterred.

This is especially true of litigation triggered by veterinary malpractice, which is without question the source of most harm to companion animals.

Tactically, suing for veterinary malpractice is a good idea. But even if a veterinarian is found liable in a civil action, the damages are usually inconsequential because of the legal status of companion animals and the judicial system’s indifference to the value companion animals have to their custodians. Because of these two disabilities—animals as mere property, and their worth akin to inanimate objects—the cost to those who harm
companion animals is virtually nil.

In a malpractice case, if the veterinarian has the usual professional liability coverage, the insurance company, not the veterinarian, will pay the costs of the defense. If the plaintiff proves liability, the insurance company will pay, not the veterinarian.

But even if there is no insurance, or liability is imposed for conduct that the insurance does not cover (e.g., an intentional act), the damages the veterinarian has to pay will be relatively small. And to the extent that damages for harm to companion animals is minimal, there is less an incentive for a veterinarian and his staff to exercise the appropriate level of care.

It is a truism that generally people exercise care in direct proportion to their assessment of, and their willingness to incur, risk.

Most lawyers will be careful and not wait until the last day to file a notice of appeal. They appreciate the risk of disastrous consequences from a malpractice suit, if the notice of appeal is “out of time.” If the lawyer has malpractice insurance that has to pay a claim arising out of failure to timely file a notice of appeal, if he can even get malpractice insurance afterwards the company will likely raise his premium and his deductible.

But this disincentive to sloppy professional work because of either non-renewed coverage, or coverage at a higher cost, does not affect veterinarians. If their malpractice policies are not renewed and they are later found liable in a later case, the damages will usually be modest.

If veterinarians do have coverage and lose a malpractice case, the insurance company will pay the judgment and the increased premium, just as the initial premium, will be negligible.

Why is veterinary malpractice insurance so inexpensive?

The answer is obvious: The handful of awards in companion animal veterinary malpractice cases have been nowhere near the available policy liability limits because, since companion animals are considered mere “property,” their custodians cannot recover damages for their emotional loss, and pain and suffering, caused by the negligence or intentional harm.

Thus, as a practical matter, the insurance companies have little or no financial risk—especially if the award is within the policy’s deductible limit, which the insured veterinarian will invariably pay himself.

Damage awards will be nowhere near the available policy limits until our culture, legal and social alike, changes its basic attitude toward the nature of companion animals and their value to their human caretakers—an attitude rooted in outdated notions about both.

In the meantime, because the necessary change in values has not yet occurred, ISAR frequently receives reports of veterinary malpractice and intentional harm done to companion animals. Because these requests for information about what can be done to right these wrongs have so grown in number, it is no longer efficient for the ISAR to respond to them individually. Accordingly, ISAR has prepared Harming Companion Animals: Liability and Damages, an extensive monograph for complimentary distribution.

ISAR’s monograph is intended to be, and should be understood as, only educational in nature. It is not intended to constitute, and should not be considered, legal advice generally or for any individual situation in particular. When confronted with a legal problem regarding negligent or intentional harm to a companion animal, there is no substitute for face-to-face, fact-specific advice obtained from one’s own attorney. Accordingly, ISAR urges anyone with a potential or actual problem of this kind to consult a lawyer.

Moreover, Harming Companion Animals: Liability and Damages is not intended to be a comprehensive statement of the law on that subject. Its modest goal is to present merely general statements of the principal legal categories, using a single example to illustrate each.

Specifically, Harming Companion Animals: Liability and Damages focuses on the nature and scope of wrongdoers’ liability and the damages that may be recoverable from them. The monograph’s methodology is to present brief but thorough explanations of the applicable principles of liability and damages, and then to illustrate them by the use of extensive quotations from actual cases.

Although the monograph has not been written primarily for lawyers, the information contained in it should be of considerable value to them, especially our use of actual cases and our extensive bibliography, which includes:

• Law review articles.
• Law review notes.
• Book reviews.
• Books.
• International resources.
• Journals.
• Magazine articles.
• Miscellaneous resources.
• Newspaper articles.
• Online resources.
• Pending legislation.
• Unsuccessful bills.
• Currently existing statutes.
• Recently reported cases.

Complimentary copies of Harming Companion Animals: Liability and Damages may be obtained through our website, www.isaronline.org.

The monograph consists of two major parts. Part I deals with “liability” resulting from wrongful conduct. Someone must have done something either negligently or intentionally (or even through breach of contract) to cause harm to a companion animal. If there is liability, the second question, dealt with in Part II, is: what are the “damages”?

A final point: Even though most of the harm to companion animals results from
veterinary malpractice, Harming Companion Animals: Liability and Damages
should not be taken as a criticism (let alone a condemnation) of all veterinarians.

On the contrary.

Although among the thousands and thousands of veterinarians in the United States there are some bad apples—just as in the medical, legal, and all other professions—the vast majority of veterinarians and their staffs are caring, dedicated, competent, healers who feel deeply about the animals they treat. For them, all of us who share our lives with companion animals are eternally grateful. 

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