VOL. II 2006 JOURNAL OF ANIMAL LAW Michigan State University College of Law J O U R N A L O F A N I M A L L A W VOL. II 2006 TABLE OF CONTENTS INTRODUCTION MYTHIC NON-VIOLENCE …………………………………………………………………. 1 Taimie L. Bryant ARTICLES THE ANIMAL WELFARE ACT ……………………………………………………………... 13 Henry Cohen The Animal Welfare Act is a federal statute that directs the Secretary of the United States Department of Agriculture to "promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors." This article summarizes the original 1966 act, all its amendments, and bills to amend it that are pending in the 109th Congress. WHO LET THE DANGEROUS DOGS OUT?……………………………….............................. 27 Claudia E. Haupt The article examines the legislative measures taken at the state and federal level in Germany to address the issue of dangerous dogs and the related decision of the Federal Constitutional Court which upheld an import ban on dangerous dogs while striking down a breeding ban and parts of a newly introduced section to the Criminal Code. ANTI-SPECIESISM………………………………………………………………………….. 49 Jeff Perz Joan Dunayer's Speciesism appropriates and misrepresents the animal rights theory of Gary L. Francione. Dunayer's objections to Francione's highly qualified suggestion that a prohibition against confining hens to battery cages could be consistent with animal rights theory are specious. If the exploitation of non- human animals is to be completely abolished, those who bring about this result will have necessary been informed by a consistent, well-supported theoretical framework. J O U R N A L O F A N I M A L L A W VOL. II 2006 TABLE OF CONTENTS OPENING THE LABORATORY DOOR………………………………………………………... 67 By Katrina Sharman Despite the increased availability of alternatives to the animal test model, laws and policies continue to be used as shields to justify the scientific use of animals in jurisdictions across the world. This article examines the legislative framework for animal research in Australia with a specific focus on the state of New South Wales. It also examines emerging international principles for the use of animals in scientific research. AN ETHICIAL CRITIQUE OF THE CANADIAN SEAL HUNT……………………………...…… 87 By Andrew Linzey The Canadian seal hunt has been the subject of criticism since the middle of the ninteeth century, but it is only since the 1960s that it has become a focus of international controversy. This document examines the putative justifications for the hunt and provides an ethical assessment. NOTES & COMMENTS FREE EXERCISE DOES NOT PROTECT ANIMAL SACRIFICE………………………………… 121 Shannon L. Doheny (Florida State University College of Law) BEHIND A GLASS, DARKLY……….………………………………………………………. 143 Jennifer Tilden (Michigan State University College of Law) LEGAL PROTECTION ONLY FOR THOSE WHO ARE MOST LIKE “US”?................................. 159 Camden J. McDaris (Cardozo School of Law) 2005-2006 CASE LAW REVIEW…………………………………………………………. 179 Adam Cefai 2005-2006 FEATURED ANIMAL LAW CASE……………………………………………... 183 Trans. by Carlos de Paula J O U R N A L O F A N I M A L L A W VOL. II 2006 EDITORIAL BOARD 2005-2006 Editor-in-Chief MICHELLE D. HODKIN Managing Editor CHARLES F. HALL, IV Articles Editor TRACY E. VANDENBERGH Executive Editor JENNIFER LOGAN TILDEN Associate Editors BROOKE BEARUP ADAM CEFAI ASHLEY DUNCAN TANYA IRWIN CAMILLE KAM ELIZABETH KOSKI KIM KRAFT JORDAN PLENER Faculty Advisor DAVID FAVRE J O U R N A L O F A N I M A L L A W VOL. II 2006 PEER REVIEW COMMITTEE 2005-2006 FERNANDO ARAÚJO 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, The Michigan State University Council of Graduate Students, the Detroit & MSU College of Law Alumni Association, and the Student Bar Association of Michigan State University College of Law. Without their generous support, the Journal would not have been able to publish and host its inaugural speaker series. The Journal also is funded by subscription revenues. Subscription requests and article submissions may be sent to: Professor Favre, Journal of Animal Law, Michigan State University College of Law, 368 Law College Building, 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 $25.00 in the U.S. and current yearly Internet subscription rates are $15.00. Subscriptions are renewed automatically unless a request for discontinuance is received. Back issues may be obtained from: William S. Hein & Co., Inc., 1285 Main Street, Buffalo, New York 14209. The Journal welcomes the submission of articles, book reviews, and notes & comments. Each manuscript must be double spaced, in 12 point, Times New Roman; footnotes must 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 18th edition of The Bluebook: A Uniform System of Citation. Authors should provide photocopies of the title pages of all sources used and photocopies of the phrases and sentences quoted from the original sources. All articles contain a 2006 author copyright unless otherwise noted at beginning of article. Copyright © 2006 by the Journal of Animal Law. J O U R N A L O F A N I M A L L A W VOL. II 2006 PEER REVIEW COMMITTEE Fernando Araújo is a professor of law at the University of Lisbon Faculty of Law, where he teaches Law and Economics, Philosophy of Law, and Bioethics. He is the author of the first Portuguese book on animal rights. Taimie L. Bryant teaches Property Law, Japanese Law, Comparative Japanese Family Law, Animals and the Law, and Nonprofit Organizations. 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. Professor Bryant earned a Ph.D. in anthropology from UCLA, where she focused on the substantive fields of legal and psychological anthropology while pursuing various research topics in Japan. Her principal scholarly focus has been contemporary Japanese family law. David Cassuto is Associate 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 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. J O U R N A L O F A N I M A L L A W VOL. II 2006 PEER REVIEW COMMITTEE 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 law review publications include: No Pets Allowed: Housing Issues and Companion Animals; Valuation in Veterinary Malpractice; Separation, Custody, and Estate Planning Issues Relating to Companion Animals; and Valuing Man’s and Woman’s Best Friend: The Moral and Legal Status of Companion Animals. Her primary focus in research and writing is on the changing nature of the relationship between humans and their companion animals and whether the law adequately reflects the importance of that relationship. Peter Sankoff is Lecturer at the University of Auckland (New Zealand) Faculty of Law, teaching in the areas of criminal law and evidence. Peter graduated with a B.A. in broadcast journalism from Concordia University in 1992, a J.D. from the University of Toronto in 1996, and a LL.M. from Osgoode Hall Law School at York University in 2005. Upon completion of his J.D., he attained a clerkship under Madame Justice Claire L’Heureux-Dubé of the Supreme Court of Canada. He is the co-author of Witnesses, a Canadian text on evidence and procedure, and numerous articles on human rights, criminal procedure and evidence. Since May 2002, Peter has been the Co-Chair of the Executive Committee of the Animal Rights Legal Advocacy Network (ARLAN). He is also Editor of the ARLAN Report, which discusses topics relating to animals and the law, and he regularly gives seminars and writes articles on animal law issues. Steven M. Wise is President of the Center for the Expansion of Fundamental Rights, Inc. and author of Rattling the Cage - Toward Legal Rights for Animals (2000); Drawing the Line - Science and The Case for Animal Rights (2002), Though the Heavens May Fall - The Landmark Trial That Led to the End of Human Slavery (2005), as well as numerous law review articles. He has taught Animal Rights Law at the Vermont Law School since 1990, and at the Harvard Law School, John Marshall Law School, and will begin teaching at the St. Thomas Law School. He has practiced animal protection law for twenty-five years. MYTHIC NON-VIOLENCE TAIMIE L. BRYANT† All societies have myths by which they define and inspire themselves.