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. Hot Topics

• Ag-gag legislation, • Large mammals in captivity, such as cetaceans, tigers, and elephants, • Puppy mills, • Intensive confinement of farmed animals, • Antibiotics and animal growth drugs in animal feed, • Foie gras, • NYC’s horse carriage industry, • Deceptive animal welfare food labeling, • Roadside zoos, • Breed specific legislation (such as pit bull bans), and • Horse slaughter. • For more, check out ALDF’s Litigation Program and their current casesand victories.

The Growth of Animal Law

The dynamic field of animal law is emerging and being taught at some of the most reputable and respected laws schools throughout the country. In 2000, 9 law schools had animal law courses. In 2014, 149 law schools offered the course. Check out the premier casebook on animal law, Animal Law Cases and Materials. Additionally, a growing number of student animal law groups are rapidly appearing across the country and around the world. In 2000, there were 12 Student Animal Legal Defense Fund (SALDF) chapters. In 2014, there are 200 chapters. Growth in the field is also reflected in legal publications and other career-focused news items. In 2008, ALDF launched the Center for Animal Law Studies (CALS) at Lewis and Clark Law School. CALS provides essential programs and services for law students under the guidance of experienced animal law professors and ALDF attorneys. For a good overview of animal law’s expansion, see “The Rise of Animal Law” in Science Magazine. What Do Animal Lawyers Do?

They can volunteer for national animal protection groups like ALDF or a local group or humane society, do pro bono work at a large firm, be a solo practitioner, government attorney, or staff attorney for a nonprofit organization.

Check out our resources on the subject:

• Career Advice for Aspiring Animal Attorneys • ALDF Attorney Member Spotlights • Law School Graduates: Where Are They Now?

What Other Ways Can Attorneys Get Involved?

Attorneys can join their regional or state animal law bar section or committee, or join or start an independent animal law group. Examples include Minnesota Voters for Animal Protection, Texas Humane Legislation Network, andAttorneys for Animals in Michigan. Attorneys can write articles for local bar journals, local papers, or animal law journals, and mentor students. What Does ALDF Do? For more than thirty years, ALDF has been fighting to protect the lives and advance the interests of animals through the legal system. There are several organizations dedicated to helping animals but ALDF is unique in that our main focus is using the law to improve the lives of animals. Watch This is Who We Are, a video that highlights the difference between how we would expect U.S. laws to work to protect animals vs. how the laws actually operate in practice. ALDF strives to meet its mission through its primary programs:

• The Legislative Affairs Program, which monitors and supports key legislation that impacts animals at the federal, state, and local levels. • The Criminal Justice Program, which works with law enforcement and prosecutors to seek maximum penalties for animal abusers. • The Animal Law Program, which fosters the field of animal law among legal professionals and in law schools nationwide. • The Litigation Program, which files lawsuits to stop the abuse of companion animals and animals abused in industries (including factory farming and the entertainment business.)

ALDF’s groundbreaking efforts to push the U.S. legal system to end the suffering of abused animals is supported by more than 1,600 dedicated volunteer attorneysand 110,000 members. What are Student Animal Legal Defense Fund (SALDF) Chapters and How Do They Help ALDF?

SALDF chapters are law student organizations that share ALDF’s mission to protect the lives and advance the interests of animals through the legal system. Many chapter members are ALDF law student members. They take on many different projects which are supported by ALDF throughproject grants. To see examples of the great work SALDF chapters do, check out the SALDF Spotlights. They also attend conferences and competitions, like theAnimal Law Conference and the National Animal Law Competitions, which are wonderful educational and networking opportunities for students. ALDF’s grants program provides support by helping with travel costs. SALDF chapters can spread their message widely to their law school by collaborating with other student organizations, such as:

• The Environmental Law Society, on issues like factory farming andwater/air pollution, • The National Lawyers Guild, on civil liberties, animal rights activism, andthe Animal Enterprise Terrorism Act, • The Women’s Law Society, on the link between domestic violence and animal cruelty, • The Human Rights/Immigration Law Society on slaughterhouses and human rights abuses, • The Criminal Law Society on prosecuting animal cruelty and activistdefense, and • The International Law Society on wildlife issues.

Every year, SALDF chapters take part in National Justice for Animals Week, a week that ALDF dedicates to raising awareness about how to report cases of animal abuse, and how to work locally to strengthen animal protection laws and enforcement. Law students have the opportunity to clerk in ALDF’s Litigation and Criminal Justice Programs. There are also Litigation Fellowships for graduates. ALDF also supports its student chapters through the Advancement of Animal Law Scholarships.

1. Lewis & Clark Law School – Located in the forests of Portland, Oregon, Lewis & Clark Law School offers the most extensive animal law studies program in the country. Students can specialize in Animal Law as a subset of the Environmental Law Program. Through a collaboration with the non-profit Animal Legal Defense Fund, Lewis & Clark also features the Center for Animal

Law Studies. The Center serves as a think tank and offers conferences, scholarships, and clinical opportunities.

2. University of Virginia – The Animal Law Program at the University of Virginia was established in 2009 through a $1 million grant from animal rights activist and former game show host Bob Barker. The Program offers one animal law class every year, helps students find internships and externships related to animal law, sponsors a writing competition for UVA graduate students, and hosts prominent speakers.

3. University of Pennsylvania – Penn Law prides itself as a leader in Animal Law. Penn offers an annual seminar class in Animal Law and Ethics, and students at Penn formed the Animal Law Project. ALP assists nonprofit organizations with research and analysis of animal law issues, allowing students to apply their classroom knowledge to real life problems. Study on Grockit for FREE! Try the free 3 day trial and see what everyone’s been talking about as the best social learning site around!

4. Georgetown – In 2007, Georgetown University Law Center partnered with The Humane Society of the United States (HSUS) to offer two new animal law initiatives. An animal protection litigation seminar allows students to earn academic credit while working with HSUS legal staff on animal cruelty cases. In addition, Georgetown added the first animal law fellowship, which provides Georgetown Law Centers with a one-year job with the Humane Society after graduation. 5. Harvard Law School – When Harvard, one on the nation’s top law schools, began offering an animal law course in 1999, it lent legitimacy to the newly-growing field. Last year, Harvard hosted the eighth annual inter-law school National Animal Law

Competition. An Animal Law course is taught once a year by Paul Waldau, and Harvard has an active Student Animal Legal Defense Fund chapter. 6. Stanford Law School – Stanford in one of the few schools in the country with a publication devoted to animal law, the online Stanford Journal of Animal Law and Policy. Stanford also has a Student Animal Legal Defense Fund chapter, and offers a course on Animal Law taught by Bruce Wagman. Wagman coauthored the comprehensive animal law casebook, and recently published a book on worldwide animal laws and practices.

7. University of California, Berkeley – For those who prefer the East Bay to the South Bay, Bruce Wagman also teaches an animal law course at Boalt Law School. Berkeley’s chapter of the Student Animal Legal Defense Fund hosts frequent potlucks, fundraisers, and speaking events.

8. Northwestern University – Northwestern University Law School was another recipient of Bob Barker’s animal law endowment. Thanks to his donation, Northwestern Law School regularly offers a course on animal law. The Student Animal Legal

Defense Fund at Northwestern is also extremely active; in 2010 it hosted an “Animal Law Week,” featuring lectures, film screenings, dinners, and a service event.

9. New York University – NYU offers an Animal Law Seminar every semester. The seminar, which may be taken for writing credit, is taught by David Wolfson, who has represented a number of animal protection groups like Farm Sanctuary and The Humane Society of the United States. NYU Law students can also sit in on classes in the undergraduate Animal Studies Initiative, which offers several classes for the Animal Studies Minor.

10. University of Michigan – Michigan Law offers an animal law course, and has a chapter of the Student Animal Legal Defense

Fund. In addition, the Michigan Law website features a page devoted to the practice area of animal law, which offers various school, state, and national resources for students interested in pursuing animal law.