Volume Six, 1999-2000

INTRODUCTION

WILDLIFE—OUR MOST VALUABLE PUBLIC RESOURCE
by The Honorable Elizabeth Furse

ARTICLES

ENACTING AND ENFORCING FELONY ANIMAL CRUELTY LAWS TO PREVENT VIOLENCE AGAINST HUMANS
by Joseph G. Sauder

Mr. Sauder proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent a cycle of violence between human and animal abuse. The author explores the effects of violence in the home on the abused as well as those who witness abuse.

ANIMAL WELFARE LAW IN CANADA AND EUROPE
by Elaine L. Hughes and Christiane Meyer

Ms. Hughes and Ms. Meyer discuss Canada’s animal welfare protections, and compare them to animal welfare laws found in Europe. This article examines the current state of animal welfare and cruelty laws and recent attempts through federal legislation to modernize the animal welfare provisions of the Canadian Criminal Code.

ENVIRONMENTALLY FRIENDLY RANCHING? AN INTERVIEW ON THE HIGH DESERT
by Lisa Johnson

An interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef. Frustrated with the typical ranching system, Doc and Connie Hatfield moved to Oregon and started a cooperation as an alternative to the horrors of mass produced beef.

FEEDLOTS—RURAL AMERICA’S SEWER
by Marilyn Lee Nardo

Ms. Nardo reveals the problems of factory farming in the United States—its impacts on water, air, and animal welfare. Currently, there are no federal standards for the storage, application, or management of animal waste. The author proposes that new regulations and stricter enforcement of the current NPDES program under the Clean Water Act are needed to protect public and environmental health.

LEGAL PROTECTION FOR HORSES: CARE AND STEWARDSHIP OR HYPOCRISY AND NEGLECT?
by Lafcadio H. Darling

Mr. Darling writes about the relationship American’s have with horses, and argues that our laws do not reflect our love of these magnificent animals. He does this through looking at the Wild Free-Roaming Horses and Burros Act, the Horse Protection Act, and the Premarin Industry.

THROWING CAUTION TO THE WIND: THE GLOBAL BEAR PARTS TRADE
by Adam M. Roberts and Nancy V. Perry

Mr. Roberts and Ms. Perry explore the international trade of bear parts—examining the cultural, legal, and animal welfare aspects of this growing practice. The authors discuss the strengths and weaknesses of existing laws, and point out gaps in current enforcement and legal protections.

LEGISLATIVE REVIEW

1999 LEGISLATIVE REVIEW
by Katharine Keaton and Deborah Maas

ESSAYS

ANIMAL CUSTODY DISPUTES: A GROWING CRACK IN THE “LEGAL THINGHOOD” OF NONHUMAN ANIMALS
by Barbara Newell

Ms. Newell tracks the changes in case law, local ordinances, and popular attitudes about animals and their mental and emotional lives. People and the law are beginning to view animals as more than simply property, and the author argues the time has come to recognize a legal status for companion animals that reflects these changing social values.

NEW ZEALAND’S ANIMAL WELFARE ACT: WHAT IS ITS VALUE REGARDING NON-HUMAN HOMINIDS?
by Paula Brosnahan

This essay offers a brief history of the non-human hominid provisions of New Zealand’s Animal Welfare Act. Ms. Brosnahan argues that the background and breadth of New Zealand’s protections must be understood before proponents of change employ them as precedent.

A HOUSE ON FIRE: LINKING THE BIOLOGICAL AND LINGUISTIC DIVERSITY CRISES
by Kieran Suckling

Mr. Suckling connects the linguistic diversity crisis with the loss of biodiversity and argues that the loss of one necessarily means the loss of another.

COMMENTS

ASSET FORFEITURE AND ANIMAL CRUELTY: MAKING ONE OF THE MOST POWERFUL TOOLS IN THE LAW WORK FOR THE MOST POWERLESS MEMBERS OF SOCIETY
by Amy A. Bryer

Ms. Bryer argues the law’s current treatment of animals as property might be advantageous under criminal forfeiture provisions. Her comment discusses asset forfeiture and animal cruelty, and offers suggestions on how to combine these two areas of law in an effort to better protect animals from abuse.

GENETIC ENGINEERING OF DOMESTIC ANIMALS: HUMAN PREROGATIVE OR ANIMAL CRUELTY
by Michelle K. Albrecht

This Comment discusses selective breeding and genetic engineering of domestic animals, arguably two of science’s most manipulative advancements of the last century. The comment examines whether selective breeding and genetic engineering violate California’s anti-cruelty statute, highlighting recent California case law interpreting these statutes and outlining the standard to determine when a violation has occurred. Furthermore, the comment seeks to articulate policy suggestions to further the protection afforded these animals affected by science.

BOOK REVIEWS

ANIMAL LAW—THE CASEBOOK
by Steven M. Wise

STEVEN M. WISE: RATTLING THE CAGE—TOWARD LEGAL RIGHTS FOR ANIMALS
by David J. Wolfson

Animal Law Review is located in Wood Hall on the Law Campus.
MSC: 51

Editor in Chief
Melissa Baines Keipper
eic-animallaw@lclark.edu

Managing Editor
Emily Boden Torres
me-animallaw@lclark.edu

Executive Editors
Betsy Randolph
Justin Gabel
ee-animallaw@lclark.edu

Animal Law Review
Lewis & Clark Law School
10101 S. Terwilliger Boulevard MSC 51
Portland OR 97219