Animal Law
ANIMAL LAW
I. DEFINING ANIMAL II. PROPERTY III. CRIMINAL LAW IV. TORTS V. CONSTITUTIONAL LAW VI. ANIMAL WELFARE ACT VII. ENDANGERED SPECIES ACT VIII. MISC.
I) DEFINING ANIMAL: Arbitrary delineation. Answer often crucial to outcome of cases. Holdings are unpredictable and often counterintuitive. Animals = property. The cuter the animal the more protection they get.
1) Roosters (and Cockfighting: States all over the place) a) NM: yes b) OK: no 2) Goldfish a) MA: yes b) NY: yes 3) Deer a) NM: no (wild ones) 4) Bird, Aquatic Animals Rats and Mice a) Research Facilities (Federal): No (Animal Welfare Act 1970) b) CA & most states: Yes
Add in Statutory Definitions on 20-22
A) Reasonable Person Standard: Would average Joe know this was an animal? Lock (OK 1963) (p. 35): Rooster not animal because average person wouldn’t consider it so.
B) Domestic and Companion Animals and Livestock 1) Livestock a) Levine v Conner, US District Ct, ND Cal, 2008. The court uses the Chevron two part test to determine that poultry is excluded from livestock: i) Look to the statute’s language to determine whether or not Congress’s intention is clear with regard to the precise question at issue. If it is, that’s the end of the matter. If not, go to Step Two. ← Plain Language – ordinary and natural meaning
ii) Look at the legislative history. Did the administrative agency do what Congress said to do? b) United States v Park, US Ct of Appeals, 9th Circuit 2008 i) Def of livestock is too ambiguous to determine whether a dog kennel business is included. 1) Livestock generally considered to be farm animals, though some definitions could be construed to include cats and dogs. a. Greyhounds: NO (FL) b. Domestic Dogs: NO
I. DEFINING ANIMAL II. PROPERTY III. CRIMINAL LAW IV. TORTS V. CONSTITUTIONAL LAW VI. ANIMAL WELFARE ACT VII. ENDANGERED SPECIES ACT VIII. MISC.
I) DEFINING ANIMAL: Arbitrary delineation. Answer often crucial to outcome of cases. Holdings are unpredictable and often counterintuitive. Animals = property. The cuter the animal the more protection they get.
1) Roosters (and Cockfighting: States all over the place) a) NM: yes b) OK: no 2) Goldfish a) MA: yes b) NY: yes 3) Deer a) NM: no (wild ones) 4) Bird, Aquatic Animals Rats and Mice a) Research Facilities (Federal): No (Animal Welfare Act 1970) b) CA & most states: Yes
Add in Statutory Definitions on 20-22
A) Reasonable Person Standard: Would average Joe know this was an animal? Lock (OK 1963) (p. 35): Rooster not animal because average person wouldn’t consider it so.
B) Domestic and Companion Animals and Livestock 1) Livestock a) Levine v Conner, US District Ct, ND Cal, 2008. The court uses the Chevron two part test to determine that poultry is excluded from livestock: i) Look to the statute’s language to determine whether or not Congress’s intention is clear with regard to the precise question at issue. If it is, that’s the end of the matter. If not, go to Step Two. ← Plain Language – ordinary and natural meaning
ii) Look at the legislative history. Did the administrative agency do what Congress said to do? b) United States v Park, US Ct of Appeals, 9th Circuit 2008 i) Def of livestock is too ambiguous to determine whether a dog kennel business is included. 1) Livestock generally considered to be farm animals, though some definitions could be construed to include cats and dogs. a. Greyhounds: NO (FL) b. Domestic Dogs: NO