INTRODUCTION
FREE SPEECH, ANIMAL LAW, AND FOOD ACTIVISM
by Howard F. Lyman, LL.D.
ARTICLES
DON’T FENCE ME IN—APPLICATION OF THE UNLAWFUL ENCLOSURES OF PUBLIC LANDS ACT TO BENEFIT WILDLIFE
by Chandra Rosenthal & Kara Gillon
Ms. Rosenthal and Ms. Gillon discuss the effect of the Unlawful Enclosures Act on movement of wildlife on public lands. The authors propose that access protections preserved for other wildlife should be extended to the Sonoran pronghorn antelope in the southwestern United States.
McLIBEL
by David J. Wolfson
Mr. Wolfson discusses the background and holding of the English “McLibel” case in relation to cruel common farming practices, its unique legal context, and the impact of the holding on animal law in general and state anti-cruelty laws in the United States. In addition, he explores the contradiction that McLibel exposes: the fact that a common farming practice can be found cruel in the view of a reasonable person, yet legal pursuant to an anti-cruelty statute.
ESSAYS
ANIMAL THING TO ANIMAL PERSON—THOUGHTS ON TIME, PLACE, AND THEORIES
by Steven M. Wise
Mr. Wise challenges the rule that “animals are property” and argues that animals deserve the legal rights afforded to humans. He offers seven strategic considerations for attorneys who wish to have an impact on animal rights and overcome the Great Legal Wall in the animal law field.
STATE ANIMAL ANTI-CRUELTY STATUTES: AN OVERVIEW
by Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, and Paul A. Ernest
These authors introduce the current status of animal anti-cruelty laws in the United States. This essay is intended to serve as a resource for research and statistical purposes, and as a guide to determine which anti-cruelty statutes need improvement.
ANIMAL CRUELTY AND VIOLENCE AGAINST HUMANS: MAKING THE CONNECTION
by Randall Lockwood
This essay focuses on the theory relating repeated, intentional abuse of animals to a variety of violent, antisocial behaviors including child abuse, domestic violence, and violent criminal activities. Mr. Lockwood argues that the public became aware of this connection long before most law enforcement or mental health officials did. He emphasizes that animal abuse should be used as an indicator of violence in the home, and as a warning for future violent acts against people.
LEGISLATIVE REVIEW
1998 LEGISLATIVE REVIEW
by Aaron Lake
COMMENTS
EQUITY AS A PARADIGM FOR SUSTAINABILITY: EVOLVING THE PROCESS TOWARD INTERSPECIES EQUITY
by Gwendellyn Io Earnshaw
Ms. Earnshaw discusses the concept of resource sustainability and argues that the only way to reach a truly sustainable system is to embody interspecies equity. She believes that consideration of non-human animals based upon their own inherent self-interests is the true test of sustainability. The comment explores the negative impacts of suppressing interspecies equity and presents examples of how to incorporate the ideals of equity into sustainability theory.
EXAMINING THE VIABILITY OF ANOTHER LORD OF YESTERDAY: OPEN RANGE LAWS AND LIVESTOCK DOMINANCE IN THE MODERN WEST
by Coby Dolan
Mr. Dolan focuses on the recent case of Dr. Patrick Shipsey, an Oregon landowner convicted of shooting cattle that wandered onto his land, to demonstrate the development of open range laws in Oregon and the West. The comment also provides policy alternatives that reflect modern demographic changes and re-balancing of the economic and environmental burdens of ranching practices.
STATUTES WITH FOUR LEGS TO STAND ON? AN EXAMINATION OF “CRUELTY TO POLICE DOG” LAWS
by Craig Ian Scheiner
This Comment reviews police dog laws of forty states and one territory of the United States. Mr. Scheiner explores the policy considerations of using police dogs and the laws that protect them. He concludes that police departments have the sole discretion of deployment and therefore are the only ones who can truly protect police dogs.
