Tuesday, May 2, 2017

ANIMAL LAW: STRONGER I & WEAKER

ANNOUNCEMENTS
  • The reading for Friday is optional.  There will be no quiz.
  • We will review for the final on Friday.


Last week:  Wise (Stronger II)

Cass Sunstein, "Can Animals Sue?" (Stronger I) -- annotated PDF

I.  Existing state and federal laws

  • their strengths
  • their weaknesses
  • they don't allow a "private cause of action" (i.e. nobody can sue when the laws aren't enforced)

II.  When could/should humans have standing to sue, in order to help animals?

(A)  Informational standing
National Geographic article on disappearance of AWA records (read "assessing the damage")
AWA Inspection Reports
(B) Competitive standing
(C) Aesthetic standing

III. Could/should animals have standing to sue?

Animals as plaintiffs in civil courts--not literally in court!
Animals in court as criminal defendants

IV.  Are you for or against Sunstein's proposal that animals should have standing to sue for failure to enforce existing animal protection laws?  Get into your presentation groups and discuss, prepare to present the group's views.





Ag Gag laws

The type of video these laws are trying to prevent:  2008 HSUS investigation

(1) Quick reporting laws

http://www.moga.mo.gov/mostatutes/stathtml/57800000131.html


(2) Laws against entering animal facility with intent to record


https://www.animallaw.info/statute/nd-ecoterrorism-chapter-121-211-animal-research-facility-damage

(3)  Laws that prohibit lying on an application to work at an agricultural operation with intent to record
https://le.utah.gov/xcode/Title76/Chapter6/76-6-S112.html






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