On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss the bearing witness movement, constitutional issues that can come up when advocates clash with the industry, “Good Samaritan” laws, Ag-Gag laws, and open rescues.
Resources referenced in this episode along with additional relevant articles are listed below:
NPR: Animal Rights Activist on Trial in Canada for Giving Water to Pigs
Animal Studies Journal: Bodily Encounter, Bearing Witness and the Engaged Activism of the Global Save Movement by Alex Lockwood
USDA National Agricultural Library: Twenty-Eight Hour Law
Animal Legal Defense Fund: Defending Animal Activists’ First Amendment Rights
Animal Legal Defense Fund: Animal Advocates Win Free Speech Case, Judge Dismisses Meritless Trespassing Suit Intended to Silence Critics
Reporters Committee: Understanding Anti-SLAPP Laws
Animal Legal & Historical Center: Maps of States that Have to Protect Animals in Parked Cars
Animal Legal Defense Fund: Oregon Becomes 11th State to Pass “Good Samaritan Law” to Protect Dogs Left in Hot Cars by Nicole Pallotta
Medium: Yes, I Broke into a Mercedes with My Car Jack by Shawna Harch
GOV.UK: Pet Abduction to be Made New Criminal Offence in Crackdown on Pet Theft
Time: Lady Gaga Got Her Dogs Back, but as Criminals Capitalize on the Demand for Pandemic Pups, Others Aren’t So Lucky by Melissa Chan
Office of the Governor Doug Ducey: Governor Ducey Signs “Matthew’s Law” to Protect Pets, Families
Animal Legal Defense Fund: Ag-Gag Laws
Seattle University Law Review: Ag Gag Past, Present, and Future by Justin F. Marceau
First Amendment Watch: Ag-Gag Laws Face the First Amendment
USDA Economic Research Service: Market Failures: When the Invisible Hand Gets Shaky
Animal Legal Defense Fund: Challenging Judy’s Family Farm Organic Eggs’ Deceptive Advertising
Center for Constitutional Rights: The Animal Enterprise Terrorism Act (AETA)
FindLaw: United States v. Fullmer, 584 F.3d 132, 164 (3d Cir. 2009)
Case Western Reserve Law Review: United States v. Fullmer and the Animal Enterprise Terrorism Act: “True Threats” to Advocacy
The Intercept: How the Prosecution of Animal Rights Activists as Terrorists Foretold Today’s Criminalization of Dissent by Natasha Lennard
MSU Journal of Animal & Natural Resource Law: Justifying Force Against Animal Cruelty by Ross Campbell
Spolin Law: Can “Defense of Others” Apply in Animal Abuse Cases
The Dodo: Open Rescue: How UPC Introduced This Strategy to U.S. Activists by Karen Davis
Unbound Project: Fierce and Fearless: Patty Mark’s Unique Approach to Animal Liberation by Keri Cronin
United Poultry Concerns: Terrorists or Freedom Fighters? Reflections on the Liberation of Animals
On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss default sentencing options, diversion programs, restitution, protective orders, and restorative justice.
Resources referenced in this episode along with additional relevant articles are listed below:
FindLaw: The Differences Between a Criminal Case and a Civil Case
The Law of the Land: The O.J. Simpson Trial: Distinctions Between Criminal and Civil Law by Ember Milstead
Sage Journals: The Goals of Corrections: Perspectives from the Line by Misty Kifer et al.
Springer Link: Punishment Goals of Crime Victims by Uli Orth
Animal Legal Defense Fund: Animals as Crime Victims: Development of a New Legal Status
Animal Legal Defense Fund: Victim Impact Statements in Cases of Animal Cruelty
American Bar Association: Cruel & Unusual Punishment – Conversation Starter
Cornell Law School: Sentencing
Vera: Diversion Programs, Explained by Akhi Johnson and Mustafa Ali-Smith
Verdugo: Mental Health Diversion: An Overview of the Legal Guidelines and Requirements by Emin Gharibian
Animal Legal Defense Fund: Laws in Favor of Court-Ordered Psych Evaluations
National Library of Medicine: Animal Cruelty and Psychiatric Disorders by Roman Gleyzer et al.
Animal Legal Defense Fund: Laws Supporting Post-Conviction Possession Bans
On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss how the laws against bestiality have evolved throughout history, how bestiality is distinct from other animal cruelty laws, and recent court cases that have also tackled these questions.
Resources referenced in this episode along with additional relevant articles are listed below:
On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss how states define “animal,” the legal implications for animals categorized as wildlife, companion animal, livestock, scientific experiment, or “vermin,” and the resulting instability.
Resources referenced in this episode along with additional relevant articles are listed below:
Animal Legal Defense Fund: Animal Cruelty Charges Dropped Because Fish Are Not “Animals” Under North Carolina Law by Nicole Pallotta
Animal Legal & Historical Center: North Carolina General Statutes § 14-360
Hakai Magazine: Fish Feel Pain. Now What? by Ferris Jabr
Compassion in World Farming: Why Fish Welfare Matters: The Evidence for Fish Sentience
Animal Legal & Historical Center: New Mexico Statutes Annotated § 30-18-1
Animal Legal & Historical Center: Utah Code Annotated § 76-9-301
Animal Legal Defense Fund: Friend or Food? Companion Pigs Challenge Legal Distinctions by Nicole Pallotta
Sports Illustrated Vault: The Lost Pets that Stray to the Labs by Coles Phinizy
BARk: The Dog Who Sparked an Animal Rights Movement by JoAnna Lou
Animal Legal Defense Fund: Animals Used in Research
Nebraska Law Review: The Animal Welfare Act at Fifty: Problems and Possibilities in Animal Testing Regulation by Courtney G. Lee
Institute for Laboratory Animal Research: Gaps in US Animal Welfare for Laboratory Animals: Perspectives from an Animal Law Attorney by Pamela Frasch
Animal Legal & Historical Center: Detailed Discussion of the Humane Methods of Slaughter Act by Cynthia F. Hodges
Vox: The “Humanewashing” of America’s Meat and Dairy, Explained by Jessica Scott-Reid
National Library of Medicine: Are They Buying It? United States Consumers’ Changing Attitudes toward More Humanely Raised Meat, Eggs, and Dairy
Animal Welfare Institute: A Consumer’s Guide to Food Labels and Animal Welfare
Animal Welfare Institute: Legal Protections for Animals on Farms
Frontiers: Nonhuman and Nonhuman-Human Communication: Some Issues and Questions
Science in the News: River Dolphins Have a Surprisingly Large Vocabulary
The Washington Post: Coyote-killing Contests Face Growing Outrage, State Bans
Outdoor Life: Coyote Hunting Contests Would Be Banned on Federal Land if Congress Passes the Bill It Introduced This Week
Animal Legal & Historical Center: Texas Penal Code § 42.092
Animal Legal Defense Fund: Fighting to Bring Kristen Lindsey to Justice
American Veterinary Medical Association: AVMA Guidelines for the Euthanasia of Animals
Public News Service: Lobster and Crab Cruelty in Maine? by Mark Scheerer
Animal Legal Defense Fund: Switzerland Bans Practice of Boiling Lobsters Alive Without Stunning First by Nicole Pallotta
On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss sentience, the legal status of nonhumans, the “Oregon trilogy” (State v. Nix, State v. Fessenden, and State v. Newcomb), and animal rights victories across the United States and globally.
Resources referenced in this episode along with additional relevant articles are listed below:
Animal Legal Defense Fund: Critical Caselaw: Judicial Recognition of Animal Sentience (webinar featuring Jamie Contreras & David Rosengard)
Animal Legal Defense Fund: Animals’ Legal Status
Animal Legal Defense Fund: How Animals Differ from Other Types of “Property” Under the Law
Animal Legal & Historical Center: State v. Nix , 334 P.3d 437 (2014), vacated, 356 Or. 768, 345 P.3d 416 (2015)
Casetext: State of Oregon v. Hess, 273 Or. App. 26 (2015)
Casetext: People v. Harris, 405 P.3d 361, 2016 COA 159 (Colo. App. 2016)
Animal Legal Defense Fund: Charging Considerations in Criminal Animal Abuse Cases
Oregon Live: Animals Can Be Victims of Crime, Oregon Court of Appeals Says
FBI: Tracking Animal Cruelty: FBI Collecting Data on Crimes Against Animals
FBI: 2019 National Incident Reporting System
Animal Legal & Historical Center: State of Oregon v. Fessenden, 310 P.3d 1163 (Or. App., 2013), review allowed, 354 Or. 597, 318 P.3d 749 (2013) and aff'd, 355 Or. 759 (2014)
Animal Legal Defense Fund: Two Great Legal Victories for Animals in Oregon
Oregon Live: Oregon Supreme Court Rules in Favor of Deputy Who Entered Private Property to Rescue Starving Horse
Animal Legal & Historical Center: State of Oregon v. Newcomb, 359 Or 756 (2016)
Oregon Live: Pets not ‘mere’ property: Oregon Supreme Court upholds dog-starvation conviction
FBI Law Enforcement Bulletin: The Emergency Aid Exception to the Fourth Amendment’s Warrant Requirement
Animal Legal & Historical Center: State v. Davidson, Slip Copy, 2006 WL 763082 (Ohio App. 11 Dist.), 2006-Ohio-1458
Animal Legal Defense Fund: 34 Horses in Limbo: Pre-Trial Forfeiture
Animal Legal Defense Fund: Delhi High Court Rules that Community Dogs Have the Right to Food by Nicole Pallotta
Animal Legal Defense Fund: Islamabad High Court Holds that Animals Have Legal Rights by Nicole Pallotta
On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss the history of animal protection and animal cruelty laws, the link between domestic violence and animal abuse, courtroom animal advocate programs (CAAP), and the stories behind Desmond’s Law and Franky’s Law.
Resources referenced in this episode along with additional relevant articles are listed below:
Desmond’s Law: CT Gen Stat § 54-86n (2018)
Animal Legal Defense Fund: Courtroom Animal Advocate Rights (CAAP)
Animal Legal Defense Fund: Short Film Released with Actress Anjelica Huston in Support of States Adopting Courtroom Animal Advocate Programs
Animal Legal Defense Fund: Unique Connecticut Law Allows Court-Appointed Advocates to Represent Animals by Nicole Pallotta
The Washington Post: A second chance by Emily Giambalvo
Animal Legal Defense Fund: Case Study: Animal Fighting – Michael Vick
Animal Legal & Historical Center: Lessons Learned: Acting as Guardian/Special Master in the Bad Newz Kennels Case by Rebecca J. Huss
Animal Legal & Historical Center: United States v. Gideon, 1 Minn. 292 (1856)
Animal Legal & Historical Center: The Development of the Anti-Cruelty Laws During the 1800’s by David Favre & Vivien Tsang
Animal Legal Defense Fund: Laws that Protect Animals
Animal Legal Defense Fund: The Link Between Cruelty to Animals and Violence Toward Humans (includes the fact sheet mentioned in this episode)
Animal Welfare Institute: Safe Havens Mapping Project
Battered Women’s Justice Project: Understanding Animal Abuse as Intimate Partner Violence
Pamela Carlisle-Frank, Joshua M. Frank & Lindsey Nielsen (2004) Selective battering of the family pet, Anthrozoös, 17:1, 26-42, DOI: 10.2752/089279304786991864
UConnToday: Desmond’s Law 5 Years Later: UConn Animal Law Clinic Leader Conducting Study, Crafting Manual, Developing Diversionary Program
SSRN: Desmond’s Law: Early Impressions of Connecticut’s Court Advocate Program for Animal Cruelty Cases by Jessica Rubin
Animal Legal Defense Fund: Model Animal Protection Laws
