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SENIOR WRITING SEMINAR: ANIMAL LAW Syllabus for Spring 2015 Professor Valery C

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SENIOR WRITING SEMINAR: ANIMAL LAW Syllabus for Spring 2015 Professor Valery C SENIOR WRITING SEMINAR: ANIMAL LAW Syllabus for Spring 2015 Professor Valery C. Behan [email protected] Tues & Thurs. 10:00- 11:15 am; Room 103 1. Course Overview: Welcome to Animal Law! This is the third time this course has been offered at SIU, but is the first time it is being taught as a writing seminar. Accordingly your main goal for this course is to research an animal law topic and write a 25-30 page scholarly article suitable for publication. (As for choosing a topic the possibilities are endless. You will soon see that the law of animals spills into almost every other legal field…criminal law, property law, trusts and estates, torts, contracts, environmental law, intellectual property, agricultural law, the U.C.C., etc. You may already even have an idea of what you’d like to write about. A secondary goal is to learn about this diverse, new, and expanding area of the law. To this end I encourage lively in-class discussions about the readings and current events/recent developments in animal law. In addition, you will be teaching each other through presentations on your paper topic. Animal law it is a diverse, exciting and rapidly expanding area of the law. Although we will examine established law that deals with animals, because there is not much out there, much of our emphasis will be on public policy— what the law should be, and what place animals should have in it. Topics covered this semester will include: the use of animals as food, for entertainment, and as companions; animal ownership and the treatment of animals as property (we will be drafting a pet trust during this section); veterinarian malpractice; damages for harm to and from pets; anti-cruelty laws; the treatment of agricultural animals; animal use in research; access to courts/standing; the Federal Animal Welfare Act; constitutional issues involving animals, and the history of the humane movement. Your individual areas of interest will affect the topics we will cover. At the start of our second class you will each give a presentation to the class about yourself, your pets, and the animal law topics that most interest you. You should start thinking about the topic you would like to write on and to present to/teach the class later in the semester. Our schedule may be altered according to your interests, as well as to accommodate guest speakers and field trips. 2. Course Materials: The text is Animal Law: Welfare, Interests, and Rights by David Favre (2nd ed. 2011. Aspen Publishers). This is not a typical casebook (as you may have gathered by the colorful picture on its cover). I chose it for its readability and its relevance. While it does cover key cases and statutory law, it also includes non-legal materials such as news clippings, real-life stories and thought provoking questions. David Favre is one of the foremost authorities in Animal Law. In addition to these readings, students should keep abreast of current developments in Animal Law. Any news sources are acceptable but two suggested starting places are: www.animallaw.info and www.animallaw.com . Each week you should post a link to a current animal law related news story along with a brief 1-2 sentence summary on our TWEN “Current Developments in Animal Law” Forum 3. Audio visual Materials. By nature, animal law is a very visual topic. There are some issues that cannot be understood without actually seeing some animals hurt. This is a prime example of how a picture says more than a thousand words. The first movie we will view is quite disturbing, but I feel that it is important to see--it is the seminal work on how mankind deals with the other creatures on our planet. I will not bombard you with gory pictures or excessive violence. but some of you may still be uncomfortable with things that we may see or talk about in class. If you feel that you need to avert your eyes or leave the room during a particular video/discussion, that is perfectly fine. However, as our author notes in the introduction to the teacher’s manual, “Some exposure to animals in negative situations is essential for many students to begin to understand the nature of the issues. There is a moral and emotional component to this topic which should be recognized and dealt with directly.” 4. Attendance You may miss two classes without providing a reason. Beyond that, you may miss an additional class, for good cause, if you have advance permission from me. Any student who misses more than 3 class periods (equivalent to 9 class hours) OR who misses their final in-class project session will fail the course. However, I strongly encourage you to come to class every week. Most of the learning in this course will come via our discussions--your presence is required so you can learn from others and so others can learn from you. 5. Grading: [200 Points Possible] Everyone this semester is taking this class for a grade. Due to our small class , there is no mandatory median grade. Everyone who puts forth the effort can receive a high grade ! You will be evaluated on your preparation and participation in class discussions and exercises; various short written assignments; two in class presentations; and a paper on your presentation topic. I expect everyone to have read BEFORE class. These are fairly quick reads, and you will need to know the concepts to fully participate. If I find that you have come to class unprepared, you will be counted absent for that day. a. Preparation & Participation (20%-- 40 Points) (1) Pre-class preparation. After reading the assignment, and before class each week, please post a paragraph with your reasoned reaction to and/or your thoughts about the readings. Also post one current news story related to animal law that you have found. Provide the link to the story and a short summary. (+1 point for each day’s submission on the readings, and +1 point for each day’s current event submission x 13 classes=26 points Preparation). (2) Participation in class discussion and exercises. You will receive +1 points each day you attend class, if during class you offer concise, meaningful comments voluntarily or when called upon; you participate in group exercises; and YOU RESPECT THE OPINION OF OTHERS. (14 points Participation). b) Other Written Assignments. (30%-- 60 points) (1) Pet Trust (15 points total). Instructions given during class. (2) Barking Law (5 points total). In class exercise. (3) Reflection Papers (1 pg). (10 points each x 3= 30 points total) a. On Earthlings b. On Food Inc. c. On Temple Grandin **(Or on another film of your choice if you wish or miss an in class viewing) (4) Critique on presentations. (2 points each x 5 =10 points total). **Change= (2.5 pts each x 4 highest grades= 10 total) After others’ presentations hand in a sheet of paper that has the following: a) your name/date, b) the presenter’s name/topic, (c)something(s) new you learned from the presentation, d) what you liked about the presentation, e) areas he or she could improve, and (f) any other thoughts about the subject. (Hand in at the end of the class). c). In-class presentations/Paper (50%-- 100 points) (1) Personal Presentation (10 points). The second week of class you are required to present a 5 -10 minute Power Point presentation about YOU (some background introduction to help us get to know you), your pets (past or present), what interests you most about animal law, etc. (2) Final Presentation & Paper (45 points each= 90 Total). Each of you will pick a day to deliver a 60-75 minute presentation to the class on a (pre-approved) topic of your choice. You will teach us this topic and are encouraged to use power-point, white or blackboard, video clips, handouts, lead a discussion, answer questions, etc. (Grades for presentations will not be given until after the last presentation is given). Rubrics will be given for the presentations later on. More information on Final Paper TBA. 6. Computer Use. We won’t be using computers very much. During lectures/discussions you are permitted to use your computers to take notes. I only ask that you respect me and each other and not surf the net or send/receive email. During some exercises, you will need to use them and for others you must put them away. 7. TENTATIVE Schedule (This will be adjusted as we finalize speakers & trips). Introduction for this Teachers Manual. For courses which will not be able to cover all the materials of the book, the essential Chapters would be: • Chapter 2 - Animal Ownership • Chapter 4 - Harm to Pets – A Valuation • Chapter 5 - State Regulation • Chapter 6 - Cruelty - Intentional Acts • Chapter 7 - Cruelty - Duty of Care • Chapter 9 – Standing (only for a law school course) • Chapter 10 - AWA • Chapter 11 - Animal Rights – Jurisprudence -------ALDF Animal Law 101 What is Animal Law? It’s a combination of statutory and case law in which the nature – legal, social or biological – of nonhuman animals is an important factor. It encompassescompanion animals, wildlife, and animals used in entertainment, research, andraised for food. It permeates and affects most traditional areas of the law – including tort, contract, criminal, trust/estates, family, environmental, administrative, and constitutional law. Examples of this intersection include: animal custody disputes in divorces and separations, veterinary malpractice cases, housing disputes: “no pets” policies and discrimination laws, damages cases involving the wrongful death or injury to a companion animal, enforceable trusts for companion animals, andcriminal law issues, encompassing domestic violence and anti-cruelty laws.
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