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Journal of Animal Law Journal of animal law Michigan State University College of Law MAY 2010 Volume VI J o u r n a l o f a n i m a l l a w Vol. VI 2010 Editorial Board 2009-2010 Editor-in-Chief Jane C. Li Managing Editor eriCa a. armstrong Articles Editor tabby mCLain Executive Editor DanieL aLbahary Notes & Comments Editor Kathryn e. austin Business Editor maria m. gLanCy Associate Editors anDrea L. DomorsKy John F. hiLKin JuDson Katz Kristina m. maCionsKi ogeChi o. onyeani robert m. stone aKisha townsenD KathLeen P. wiCKett Faculty Advisor DaviD Favre J o u r n a l o f a n i m a l l a w Vol. VI 2010 PEEr rEviEw CommittEE 2009-2010 taimie L. bryant DaviD Cassuto DaviD Favre, Chair rebeCCa J. huss Peter sanKoff steven m. wise The Journal of Animal Law received generous support from the Animal Legal Defense Fund and the Michigan State University College of Law. Without their generous support, the Journal would not have been able to publish and host its second speaker series. The Journal also is funded by subscription revenues. Subscription requests and article submissions may be sent to: Professor David Favre, Journal of Animal Law, Michigan State University College of Law, 368 Law College Building, East Lansing MI 48824. The Journal of Animal Law is published annually by law students at ABA accredited law schools. Membership is open to any law student attending an ABA accredited law college. Qualified candidates are encouraged to apply. Current yearly subscription rates are $27.00 in the U.S. and current yearly Internet subscription rates o u r n a l o f n i m a l a w are $27.00. Subscriptions are renewed automatically unless a request for discontinuance is received. J a l Back issues may be obtained from: William S. Hein & Co., Inc., 1285 Main Street, Buffalo, New Vol. VI 2010 York 14209. The Journal of Animal Law welcomes the submission of articles, book reviews, and notes & comments. Each manuscript must be double spaced, in 12 point, Times New Roman; footnotes must PEEr rEviEw CommittEE be single spaced, 10 point, Times New Roman. Submissions should be sent to [email protected] using Microsoft Word (or saved as “rich text format”). Submissions should conform closely to the Taimie L. Bryant is Professor Law at UCLA School Of Law where 18th edition of The Bluebook: A Uniform System of Citation. Authors should provide photocopies she teaches Property and Nonprofit Organizations in addition to of the title pages of all sources used and photocopies of the phrases and sentences quoted from the original sources. All articles contain a 2010 author copyright unless otherwise noted at beginning teaching different courses on animal law. Prior to receiving her of article. Copyright © 2010 by the Journal of Animal Law. J.D. from Harvard Law School, Professor Bryant earned a Ph.D. in anthropology from UCLA. Since 1995, she has turned her attention to animal rights, focusing both on the theoretical issues of conceptualizing such rights and on legislative and other legal regulations of human treatment of animals. Recent publications include Similarity or Difference as a Basis for Justice: Must Animals be Like Humans to be Legally Protected from Humans?, False Conflicts between Animal Species, and Transgenic Bioart, Animals and the Law. David Cassuto is a Professor of Law at Pace University School of Law where he teaches Animal Law, Environmental Law, Property Law, and Professional Responsibility. Professor Cassuto has published and lectured widely on issues in legal and environmental studies, including animal law. He is also the Director of the Brazil- American Institute for Law & Environment. He holds a B.A. from Wesleyan University, an M.A. & Ph.D. from Indiana University, and a J.D. from the University of California, Berkeley, Boalt Hall School of Law. David Favre is a professor of law at Michigan State University College of Law. He is Faculty Advisor to the Journal of Animal Law and Chair of the Peer Review Committee of the Journal. As Editor- in-Chief of the Animal Legal and Historical Web Center, he has published several books on animal issues. He teaches Animal Law, Wildlife Law, and International Environmental Law. Rebecca J. Huss is a professor of law at Valparaiso University School of Law in Valparaiso, Indiana. She has a LL.M. in international and comparative law from the University of Iowa School of Law and graduated magna cum laude from the University of Richmond School of Law. Recent publications include Companion Animals and Housing in Animal Law and the Courts: A Reader; Rescue Me: Legislating Cooperation between Animal Control Authorities and Rescue Organizations; Valuation in Veterinary Malpractice; J o u r n a l o f a n i m a l l a w and Separation, Custody, and Estate Planning Issues Relating to Companion Animals. Her primary focus in research and writing is on the changing nature of the relationship between humans and Vol. VI 2010 their companion animals and whether the law adequately reflects the importance of that relationship. taBlE of ContEnts Peter Sankoff is a Senior Lecturer at the University of Auckland, Faculty of Law, where he has taught animal law, criminal law ARTIClEs and evidence since 2001. Peter graduated with a B.A. (Broadcast Journalism) from Concordia University in 1992, a J.D. from the Evolving funCtions of sErviCE and thEraPy animals University of Toronto in 1996, and an LL.M. from Osgoode Hall and thE imPliCations for PuBliC aCCommodation aCCEss rulEs Law School in 2005. Peter has also worked as a law clerk for John Ensminger and Frances Breitkopf. ..........................................1 Madame Justice Claire L’Heureux-Dubé at the Supreme Court of Canada and for the Canadian federal government as an advisor on The proliferation of service dog types, beyond dogs serving people who are human rights matters involving criminal justice. blind, deaf, or mobility impaired, has necessarily resulted in added complexity in the interpretation of the statutes and regulations that apply to these dogs and From 2002-2006, Peter was the Co-Chair of the Executive Committee their handlers. The Departments of Justice, Transportation, and Housing and of the Animal Rights Legal Advocacy Network (ARLAN), a New Urban Development, along with some states, have in recent years also issued Zealand group of lawyers and law students working on animal or proposed rules taking into account dogs whose services relate to autism, welfare issues, and also the editor of the ARLAN Report, a short post-traumatic stress disorder, cognitive disabilities, and other conditions, journal discussing topics relating to animals and the law. In 2007, yet the rules of the various agencies and states are increasingly inconsistent, Peter won a $15,000 grant from Voiceless, the fund for animals and the same terms may have different meanings for businesses, airlines, and (with Steven White of Griffith Law School) to produce a workshop for different kinds of housing accommodations. The authors describe the entitled Animal Law in Australasia: A New Dialogue. From this issues and recommend ways to reduce the confusion. workshop will emerge the first book on animal law ever written in the Southern Hemisphere, expected in late 2008. To learn more a CasE study of afriCan ElEPhants’ JournEy from swaziland to about this and other aspects of Peter’s work, visit: www.lawstaff. us zoos in 2003: a QuEstion of CommErCE and a talE of BrinkmanshiP auckland.ac.nz/~psan009 Lisa Kane .......................................................................................51 Steven M. Wise is President of the Center for the Expansion of African and Asian elephants are subjected to a variety of human threats to Fundamental Rights, Inc. and author of Rattling the Cage - Toward their survival, including the international trade in live elephants. The United Legal Rights for Animals (2000); Drawing the Line - Science and The States zoo industry, committed to displaying live elephants, has been largely Case for Animal Rights (2002), Though the Heavens May Fall - The unsuccessful in maintaining and breeding elephants in captivity. This suggests Landmark Trial That Led to the End of Human Slavery (2005), as continued resort to importation of wild-caught animals is inevitable. Elephants, well as numerous law review articles. He has taught Animal Rights designated Appendix-I species, may not be lawfully imported under CITES Law at the Vermont Law School since 1990, and at the Harvard Law unless the purpose of the importation is non-commercial. Examination of a School, John Marshall Law School, and will begin teaching at the recent legal challenge to the zoo industry’s importation of wild-caught wild- St. Thomas Law School. He has practiced animal protection law for caught elephants permits analysis of whether zoos’ display and captive breeding twenty-five years of elephants are non-commercial activities under CITES. Specifically, this article examines the argument: that determining that an import has a non- commercial purpose turns on the importing party’s actions rather that its status as a charitable or educational institution; the article also examines influence of threats by the exporting nation to cull on the US federal court. i Brazilian animal law ovErviEw: notEs & CommEnts BalanCing human and non-human intErEsts Tagore Trajano de Almeida Silva ...................................................81 thE finE linE BEtwEEn animal advoCaCy This paper offers a conceptual analysis of the state of Animal Law in the and EntErPrisE tErrorism Brazilian system. It discusses how the Brazilian judiciary respond to the Daniel Albahary ...........................................................................131 animal rights debate. It also asks how the Brazilian courts have developed the debate and decided in some of the cases pro interest of animals such as This Note briefly canvasses a few of the important social and legal issues Festival of Oxen, cockfighting, and principally habeas corpus for animals.
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