Center for Animal Law Studies Blog

The Challenge of Balancing Your Career & Caring for Companion Animals

2011-06-13T10:27:00.000-07:00

I was recently presented with an opportunity to work abroad with an attorney in India for several weeks this summer. As a busy law student pursuing a career in international animal law, I couldn’t have dreamed of a better chance to get hands-on experience at my dream job. My first reaction: Yes! I’ll do it! Perfect! Excited!

And then reality struck: What on earth will I do with my three companion animals while I’m gone for an entire summer?! Not only do I have two dogs and one cat (a large number by typical law student standards), but each has their own issues that may make him or her hard to place. My cat, Kitten, is FeLV positive. My dog, Ajay, has dog aggression issues. My other dog, Hershey, needs large amounts of exercise to keep her energy level under control. How will I ever find other people willing to take on less-than-perfect companions for the summer?

As I started to face the task of finding temporary foster homes, I realized that so many of us are faced with a similar challenge: how do we choose between our companion animals and our career?

Obviously for most of us, we’re in the animal law field (law students, attorneys, advocates, etc.) because we like animals. I’m sure a lot of us really love animals. For many of us, that love of animals extends to our own companion animals. We are tasked with dividing our time between working for the greater good of animals and maintaining healthy, positive relationships with our own.

Whether it’s deciding to put in extra hours at the office or traveling away from home for days, weeks, or months on end, finding balance is a challenge to which those of us with companion animals can relate.

Personally, I try to “make up” for lost quality time. If I know I’ll be putting in some extra hours at the law library in the coming week, I try to make an extra effort to take Ajay and Hershey on runs and car rides (their favorite activities) or spend some extra snuggle time with Kitten. Doing this helps me feel slightly less guilty when I head out the door for what is surely going to be a long day away from home.

I got incredibly lucky by finding three wonderful people to care for my animals while I’m gone. Kitten gets to stay in my apartment for the summer and live with the woman, Anne, subletting it. Ajay, the troublemaker, will be living in a large house with a series of gates keeping him separated from the other dogs in the home until he feels comfortable enough to make friends with them. Hershey, my bundle of energy, will be hanging out with two other energetic dogs and will enjoy daily trips to the dog park.

Through my search for caretakers, I realized that I couldn’t take care of my three animals without the help of my wonderful network of family and friends. They are the ones that help me find and maintain a balance between working for animals in general and caring for my own. There will hopefully be numerous times throughout my career when I have the opportunity to travel abroad and now I know that I’ll be able to take advantage of those opportunities thanks to my network of support.

So, to Anne, Lily, and Karen, the amazing people who will be caring for and loving my companion animals for the entire summer, I express to you my deepest gratitude. And to my friends and family who help me daily, whether by letting my dogs out if I can’t make it home or understanding if I need to leave an engagement early, I also send you big thanks.

I wrote this on the airplane on my way to India for a three month stay. I’ll send lots more updates of my travels and am looking forward to expanding my knowledge of international animal law.

Claire Czajkowski
J.D. Candidate 2013
Lewis & Clark Law School

Claire & Ajay

Just Ajay

Hershey & Kitten

Big ideas? and BIG ideas!

2011-05-26T14:21:00.001-07:00

I made a New Year’s resolution that I was going to blog once a month. Well, umm… it’s almost June and this is my first post. If I blog two times a month from now until January 2012, can I claim success? The real question is, will I blog even a second time? I’m usually too busy with day-to-day Center business or pestering others for postings to actually write any of my own. So for now, let’s just call this an experiment.

It is quiet at the Law School these days. Spring semester is over and summer classes have yet to start. I find it to be a good time for reflection. For me, not only upon the last year but the last three I’ve spent working at the Center.

I moved to Portland in June of 2008, leaving my beloved Sonoran Desert quite literally behind in the dust. It was a leap of faith to say the least. A random job posting on Craigslist of all places started the journey north. The first time I visited Portland was to interview for that random job posting. The second time I visited was when I rolled into town along with Foxi Roxi, She-Ra, Chavo, Jebediah, and all of my worldly possessions and dreams to make a difference for animals in tow.

Those first few weeks, okay maybe months, at Lewis & Clark now seem surreal. I remember looking out the window of my then office overlooking Tryon Creek State Park. I was in awe of the big, green trees and the beautiful green ivy decadently hanging from the canopy and hugging the trees’ trunks. I’d always jokingly referred to Arizona as The Land of AZ but here in Portland I found myself in a real-life Emerald City. One can imagine my dismay when I learned the ivy I’d been admiring for weeks was Hedara helix or English Ivy, a horribly invasive specie slowly strangling the forest, determined to bring it down and destroy the homes of the many animals depending on it for safe haven. Sigh…. So much to learn.

And learn I have! It was a steep learning curve indeed but I was up for the challenge. Not only did I have a new job in a new city but the goals of our team were BIG to say the least. 2008 marked the start of the historic collaboration between Lewis & Clark and the Animal Legal Defense Fund (ALDF) via the Center. Lewis & Clark already had a great animal law program and a tremendous reputation as a leading environmental law school and wonderfully unique institution of higher learning. But now, we were striving to take the program to the next level. I am very proud to say, and I make no apologies about my lack of modesty, that we have achieved that goal.

The Animal Law Program at Lewis & Clark now boasts of more animal law courses than some schools might offer in an entire decade. Courses are taught by some of the biggest names in the field, folks whose works I’d read, lectures I’d listened to, and who I had generally admired for years prior to my northbound trek. Our visiting professors, much like our students, sometimes travel thousands upon thousands of miles to contribute to the enduring synergy. Our biggest events, The Animal Law Conference at Lewis & Clark and the National Animal Law Competitions, grew even more in popularity.

At the same time, incredible projects took root such as the symposia and forthcoming works addressing the outmoded use of animals in the toxicity testing of chemicals. (Visit our symposium webpage.) We wrote op-eds, like that about the lasting effects of abuse on Rose-Tu and perhaps Samudra at the Oregon Zoo, and we authored items like the amicus curiae brief we submitted in the U.S. Supreme Court case, U.S. v. Stevens, outlining why preventing animal cruelty is a compelling governmental interest.

Assistant Dean/Executive Director Pamela Frasch and Animal Law Clinic Director Kathy Hessler traveled thousands upon thousands of miles too. They authored or co-authored - well – I’ve lost count of how many articles and books on animal law! All of this in pursuit of furthering the field of animal law and our mission to ensure the interests of animals are always considered.

I have watched the field of animal law continue to develop in splendor. I believe that as a society we are starting to come to terms with the need to change how we view animals and our duty towards them. The time is ripe for increased dialogue and many are seizing the opportunity. Not just at law schools either; additional animal studies programs have sprung up at colleges too! Take for example, the Forum on Animal Rights directed by the magnetic Dr. Patricia McEachern and started by Mr. Bob Barker at his alma mater, Drury University. Or, the brand new animal studies program started by determined Lewis & Clark alumnus Sam Edwards ('95) at Green Mountain College. While the legal profession as a whole struggles, careers in animal law are only growing. The opportunities are ample and are emerging all around us, not just in random Craigslist ads anymore.

As I look back on the last three years, I feel good. When I look to the next three years, I feel even better. Truthfully, I can only imagine what new developments in animal law will materialize at Lewis & Clark (Animal Law LL.M.?!), not to mention beyond our Emerald City. There is much work to be done. After all, the law is slow to catch up, sometimes even to long-accepted social norms. There is still much for me and all of us to learn and almost endless gains to be made for animals. The continued support of ALDF, incredible colleagues like those in our award-winning Environmental and Natural Resources Law Program, visionary administrators like Dean Robert Klonoff, and of course the amazing students for whom we work so hard will foster positive change. In this, I have no doubt.

Soon, I will label my surreal musings of still-to-come successes on behalf of animals and those providing them a much-needed voice as simply real. Hell, I might even write a blog post about it.

Laura Handzel, J.D.
Assistant Director,
Center for Animal Law Studies

Pictured left: Photo of She-Ra by Juliya Lezhen

Pictured below: Foxi Roxi & Jebediah, the ever-watchful Chavo behind

Our Hen House on Summer Animal Law

2011-04-19T11:08:00.001-07:00

Mariann Sullivan of Our Hen House blogs about the Summer Intensive Animal Law Program. Read Mariann's post.

Everything Happens for a Reason

2011-02-05T11:36:00.000-08:00

As Student Conference Coordinator for the 2011 Animal Law Conference at Lewis & Clark, I have been reading the newly published Animal Law in Nutshell, in an effort to gain a broader grasp of the myriad issues animal law encompasses. It leaves me wondering..."What do I want to focus on as an animal lawyer?"

The idea of becoming a lawyer is fairly new to me. I studied psychology and music in college, pretty set on becoming a music educator or music therapist. Through a story I refer to as, "The Best Disaster That Ever Happened," I found myself in Hong Kong for a summer, unable to volunteer at the organization I was scheduled to be at, and in need of a network of people with whom I could spend a few months. Animals Asia Foundation took me in, and I spent my summer helping with their moon bear campaign and teaching 'Professor Paws' courses. Professors Paws classes entailed bringing a certified therapy dog into a Chinese government-run classroom, and while teaching the children English, teaching the children to love and respect dogs and animals. At the end of four one-hour sessions over the course of four weeks, the children graduated as official "Pet Cadets," ready and able to stand and take a pledge to protect all animals.

Watching the children transform over the four weeks was so touching to me. I know how much my dog has meant to me growing up, and being able to share that love of an animal with children who formerly viewed them as dirty or scary - what a feeling being able to share something so important to me. Animals Asia's lawyer invited me back the following summer to work directly under her supervision, and well, the rest is history.

So here I am, in law school at Lewis & Clark, studying animal law, and wondering what I am actually going to DO once I pass the bar. I was inspired this morning by an email my dad sent me. I sent him a news article about a fox that accidentally stepped on the trigger of a gun, shooting the hunter that had been aiming to shoot him. My dad replied to my email with this little story:

Can you imagine the fox going back and telling his other fox friends what happened. He sits there with his bandaged wound telling the story: "So after I shot him, I told that hunter 'Don't you ever come back here again!' And then the hunter just ran away crying like a little baby."

They all laugh hysterically, emboldened for their own next encounter with a hunter. But suddenly, a small twig snaps in the bush. A hush goes over the crowd until they realize it was just an overweight squirrel. They go back to their laughing at the hunter, but perhaps a little bit more nervously than before.

Thanks for brightening up my day. I like to see the little guy win at least once in awhile.

Growing up with my parents, it would be impossible not to love animals. My favorite childhood story is from the time my parents let some squirrels live in our attic all winter, because despite the fact that they were eating our house, the squirrels had babies and my parents didn't want them to die in the cold. My mom used to come home with new companion animals it seemed like every week for a while - and every single one of them was the runt of the litter, or the bird that had plucked all its feathers out, or another animal that desperately NEEDED love and care. My parents gave me binoculars when I was little to watch the birds in the woods behind our home more closely. I could go on and on about all the ways in which my parents instilled in me a love and respect for animals, both companion and wild.

I was intrigued by the notion of studying animal law because it seemed that the law would be the most effective way to make change for the most animals. By changing the laws, and changing the infrastructure of our legal system as to not view animals as property, we can help an infinite number of animals. But as I re-read my dad's email this morning, and reflect on my experience teaching in Hong Kong, I am realizing that perhaps equally important as changing the law is campaigning for widespread humane education. If every child grew up hearing the values that my parents instilled in me, maybe we wouldn't need to have a law making it illegal to abuse a living being.

Maybe I will become an educator after all. As they say, everything happens for a reason.

Jaclyn Leeds J.D. Candidate 2013 Lewis & Clark Law School

Finding Balance

2011-01-18T17:06:00.000-08:00

Tonight I have forty pages of reading and legal writing work to complete. For the last few weeks I have been on a wild hunt for a summer job. Plus, I have to deal with life issues that do not stop just because I am in law school.

How am I supposed to keep up with all of this and still take the time to get involved in the many animal law opportunities available at Lewis & Clark Law School? Just keeping up with opportunities available through the Student Animal Legal Defense Fund and the Center for Animal Law Studies is tough. Plus, how am I supposed to do everything I want and keep current on animal protection issues? After all, like many of my peers in L&C's Animal Law Program, animals are the reason I am in law school. I am pretty sure I am not the only one who constantly thinks about the issue of finding some semblance of life balance while studying law (or at least I hope not).

I have been working hard trying to figure out how to balance it all. I don’t have any fabulously wise advice for anyone but what has been working for me is to get involved a little at a time. Add one straw to the camel’s back, feel it out, and then see if you can add another. After all, I'm pretty sure no one in the Animal Law Program wants a broken camel back literally or metaphorically.

Jokes aside, I think all law students should remind themselves everyday why they are studying law. Whether the goal is to run a successful business, become the world's greatest criminal defense lawyer or work in animal protection, we must stay focused and keep our eye on the prize. Otherwise, we risk getting too caught up fearing embarrassment in class should we say something wrong, or with what a particular torts case is about, or whatever the case may be. We are all here for a more important reason; we should remember that.

For me, I'm here with the ultimate goal of helping to better the lives of animals. I'm biased of course, but I think this is such a great goal that any of us here for the same purpose should stay laser-focused on it. While animal law is a growing field, it is still small and we are all needed if we want to make a real difference in the lives of animals. So, who cares if I get something wrong in class. I'm in class to learn and making mistakes is part of that process. What really matters is my ultimate goal.

This is my first-ever blog posting. I was told today blogging is the way of the future, so I decided to jump right into it. I hope to be back to share more thoughts but for now, I still have civil procedure waiting for me and I want to be able to get some much-needed rest.

Oh, and just in case you haven’t already heard, Dr. Ramona Ilea, Ph.D., of Pacific University will be speaking about “Philosophical Perspectives on Animals” at Lewis & Clark Law School on January 20^th from 12:00 to 1:00 p.m. in McCarty Classroom 1.

Michelle Pawliger J.D. Candidate 2013 Lewis & Clark Law School

Michelle with Rogue, a rescue she helped rehabilitate at Sanctuary One.

Michelle at the Oregon Coast.

2009-2010 Year in Review

2010-12-16T21:06:00.000-08:00

The Center for Animal Law Studies, in collaboration with the Animal Legal Defense Fund, wishes you and yours the best in 2011. We've put together a special year in review "movie" for you as an expression of our gratitude. We are proud to contribute to the field of animal law and remain dedicated to "Creating the Next Generation of Animal Law Attorneys." 2011 holds a lot of promise for us, our students, colleagues, friends, and the continued development of animal law. It's an exciting time and we look forward to many good things to come; new animal law courses, new Animal Law Clinic projects, new students, new opportunities, and amazing work on ALL fronts. Cheers, Center for Animal Law Studies at Lewis & Clark, in collaboration with the Animal Legal Defense Fund

Blog Post Update From Jaclyn

2010-12-13T18:10:00.001-08:00

As a quick update to my earlier post about the Truth in Fur Labeling Act - it just got passed by the Senate! Read more here. As soon as Obama signs it, it will become law, and all products containing real fur must be labeled as such, regardless of their market price. Way to go, Congress!

In other (almost as exciting) news, I have now officially completed my first law school final, and I survived (although perhaps I should wait till I receive my grades till I address whether I survived). Happy Holidays to everyone!

Jaclyn Leeds J.D. Candidate 2013 Lewis & Clark Law School

Why it Matters

2010-12-09T13:40:00.000-08:00

I don’t think I am unique when I say that my dog is my best friend, hence the age-old adage; however, there is a whole new meaning to that truism when your dog is your only friend. I am spoiled with a network of support that is big enough to encompass my needs wherever I go in the world. For many of the individuals I spoke with this past weekend, that support network consists only of their dog or cat. Portland Animal Welfare Team, “PAW Team,” runs clinics on the first Sunday of every month to provide basic veterinary care as well as essential supplies free to the companion animals of people who are homeless or in extreme poverty. The devoted guardians line up outside the clinic as early as 6 a.m. to assure their companion’s chance of receiving care. Each dog or cat receives a number, and once their number is called, a volunteer helps the guardian fill out medical intake forms and assess what the pet needs that day: vaccines, deworming, ear checks, flea meds, nail trimming, grooming, etc. After the forms are completed, a volunteer takes the animal and guardian to different stations to administer the needed care. When finished, the guardian picks out some food, toys and a blanket, and then the animal and their guardian head off until their next visit. As a volunteer, I am reminded at these clinics of how wonderfully special companion animals are. At the clinic this past weekend, one of the individuals I was helping looked to be a big, tough guy, covered in tattoos. He was at the clinic with his rescued pit bull. One look at this pit bull and I knew she was a lucky, lucky girl to have found a loving human. Her deep scars and distended nipples spoke volumes about the abuse she must have endured in her previous “home.” The gentleman only adopted her months ago, but as I watched this big, tough guy look into this dog’s eyes, it was clear the two are soulmates. They looked at each other and only saw one another. It seems to me the pair may have rescued each other. That PAW Team can help these animals in need is important for the animals themselves, for the people whose lives they so fully enrich, as well as for our greater community. Every dog or cat that gets vaccinated is one fewer dog on the street potentially spreading disease. The clinic also mandates that dogs and cats be spayed or neutered and provides coupons to do so for free with the help of Multnomah County Animal Services and the Animal Shelter Alliance of Portland. Every animal that gets spayed or neutered helps combat overpopulation and also helps ease some of the burden unwanted companion animals place on our community. The number of animals the clinic treats every month has climbed dramatically from 2009 to 2010 alone. In 2009, the clinic treated on average 70 pets; this year, that number has grown to 130+, in addition to having to turn some animals away. These are tough economic times. As this organization survives solely on donations, they are also struggling. I hope that PAW Team is able to push through and that they receive enough donations so that they can continue providing this essential service to the community.

Read more about this organization at www.portlandanimalwelfareteam.org. Jaclyn Leeds J.D. Candidate 2013 Lewis & Clark Law School

Repost - ALDF Blog by Matthew Liebman

2010-10-27T15:15:00.000-07:00

This year’s conference sold out a full month ahead of time, reflecting the rapidly growing interest in animal law. Next year’s conference promises to continue Lewis & Clark’s tradition of hosting engaging and productive forums for the development of animal law. Read more: http://aldf.org/article.php?id=1507

Lessons From the 18th Annual Animal Law Conference at Lewis & Clark

2010-10-19T10:22:00.001-07:00

Well, the 18th Annual Animal Law Conference at Lewis & Clark has come and gone, and what a weekend! I so enjoyed my first Lewis & Clark conference. I felt proud to be a member of this remarkable community and to share our school with people from around the world. I learned vast amounts about many different animal law issues and was both daunted by all the work that has to be done for the animals as well as inspired by all the groundbreaking achievements that have been done.

The most striking piece of information I learned this weekend was in a panel with Nancy Perry, vice president of government affairs at The Humane Society of the United States (HSUS). She was discussing the bills that she is hoping will get passed before the end of this congressional session, rapidly approaching on January 3rd. One of the bills being considered is The Truth in Fur Labeling Act (H.R. 2480). If passed, it would close the loophole left in the Fur Products Labeling Act of 1951 that exempts the labeling of fur products valued under $150.

According to Congressman Jim Moran, author of the bill and co-chair of the Congressional Animal Protection Caucus, 13% of the fur market falls beneath the $150 threshold. Additionally, recent investigations conducted by HSUS found “a proliferation of falsely labeled and falsely advertised fur on fashion clothing sold by some of the largest names in U.S. retailing.” Of the mislabeled (labeled as “faux fur”) and unlabeled fur-trimmed jackets tested by HSUS, 96% were found to be domestic dog, wolf, or raccoon.

Read the text of the bill at this link.

Read the Fur Products Labeling Act as it is currently.

Here is the text of the Act that desperately needs amendment:

(d) The term "fur product" means any article of wearing apparel made in whole or in part of fur or used fur; except that such term shall not include such articles, other than any dog or cat fur product to which section 308 of the Tariff Act of 1930 applies, as the Commission shall exempt by reason of the relatively small quantity or value of the fur or used fur contained therein.

I was both shocked and disgusted to learn this. I don’t know how many times I’ve bought boots with “fur” on the interior, assuming that since it wasn’t labeled as fur and the boots only cost $30, well then of course the fur wasn’t real! Was it? I certainly hope not. The realization of this possibility really drove home for me how significant each subtle word is in the law. Yikes. Every word counts. A single clause allows products containing dog fur to go unlabeled – unbelievable.

On a lighter note, I was so excited this morning to come to school and see all of my animal law peers. I feel like we all bonded this weekend. I was particularly struck by something L&C Animal Law Clinic Director Kathy Hessler said in the last panel, “Student Career Summit.” She advised us students to not consider our peers as competition, but rather as colleagues. The spirit of the conference really supported that notion - that everyone in this field needs to support each other.

Pamela Frasch and Joyce Tischler offered an engaging panel on social movements, examining the civil rights and women’s suffrage movements and using them to predict the future of the animal rights movement. A question that arose was, is it good or bad that the animal rights movement is so dispersive?

While I have mixed feelings on that, I do believe what is perhaps most important is not that we all agree on what is the “correct” way to go about securing rights for animals, but instead, that we all need to help each other help animals. I think for this field to really see wide success, we will all need to put our varying creative ideas together and support each other in our efforts.

That said, I am so excited to work with my peers at Lewis and Clark Law School, with my peers nationally who are passionate about making a difference for animals, and with the remarkable leaders already paving the way for present and future change.

Thanks to everyone for making this conference such an enriching experience!

Visit the conference website.

Jaclyn Leeds J.D. Candidate 2013 Lewis & Clark Law School Jaclyn Leeds & Fellow 1Ls, Kelly LaToza & Lora Dunn

Nancy Perry, Vice President of Government Affairs, The Humane Society of the United States ( L&C Alumna)

Kathy Hessler

Animal Law Clinic Director, Lewis & Clark Law School

Pamela Frasch Assistant Dean/Executive Director, Center for Animal Law Studies & Joyce Tischler Founder/General Counsel, Animal Legal Defense Fund

A Note From Incoming 1L Jaclyn Leeds

2010-08-27T11:58:00.000-07:00

A few shots from Jaclyn and Ebony's recent trip to the Oregon Coast. Although I have only been in Oregon for a couple of weeks, I already feel that this is home. Everyone has some measure that indicates when a house (or in this case apartment) becomes a home; for me, it is refrigerator magnets. Now that my fridge is covered, I am home. I just officially relinquished my New Hampshire driver’s license for an Oregon one. I never thought I would go to school on the West Coast, but when I flew out to visit Lewis and Clark, it was love at first sight. I got greeted by dogs! And their proud guardians! What better place to study animal law than at a school where most everyone loves dogs?! My dog whom I’ve had for almost 12 years sadly stayed at home with my family, but last week I welcomed Ebony into my home. Ebony is a gorgeous 10-month lab mix, and why anyone would not want this dog is completely befuddling to me, because she is the sweetest, most loving dog on the coast (I am not biased, of course). So now I have magnets on the fridge and a dog at my feet – I just need to join a choir and a synagogue, and my life will be complete. And, as at the beginning of every new season, I’ve made a list of goals that always seem hardest to fulfill: eat dinner at the kitchen table every night with nothing in front of me but my food, try at least one new recipe every month, go for a run with my dog every day, actually frequent the gym I just joined and maybe even join a fitness class to have some accountability, sing whenever I am stressed, read a few pages of something for pleasure every night before I sleep, and start each day with a smile. Jaclyn Leeds J.D. Candidate 2013 Lewis & Clark Law School

Scott Heiser of ALDF on Criminal Law & Animal Protection

2010-05-10T12:24:00.000-07:00

Scott Heiser, Director of Animal Legal Defense Fund's Criminal Justice Program, is one of the foremost experts on criminal prosecutions of an animal abuse cases. In a comment posted today on ALDF's blog, Heiser discusses caselaw on the subject of using veterinary records admitted under the "business records" exception to the rule against hearsay and how this affects the Confrontation Clause of the Sixth Amendment. Heiser's advice, "...one needs to be mindful of the collateral consequences of forming formal partnerships with law enforcement when it comes to Crawford issues." An interesting and prickly topic, that we suggest you read more about. Read Heiser's blog post.

Animal Law LL.M. - It's time!

2010-04-27T10:14:00.000-07:00

The Center for Animal Law Studies at Lewis & Clark Law School is currently gauging the interest in offering the first LL.M. in animal law. It is time! To help us in this pursuit, we'd love to hear from you. Would you be interested in such a program were it to be offered? Please leave a comment and let us know.

U.S. Supreme Court Rules in U.S. v. Stevens

2010-04-21T14:07:00.000-07:00

The Center for Animal Law Studies at Lewis & Clark Law School (the Center) was not surprised by the U.S. Supreme Court’s recent ruling in U.S. v. Stevens. The Court struck down as unconstitutional a federal statute (18 U.S.C. §48) criminalizing the behavior of anyone who knowingly “creates, sells or possesses a depiction of animal cruelty.” The statute’s target was “crush videos” sometimes referred to as animal “snuff” films.

The Court noted that the House Committee Report described these videos as “the intentional torture and killing of helpless animals,” which “appeal to persons with a very specific sexual fetish who find them sexually arousing.” The bill had significant support in Congress because animal cruelty is already illegal. Due to the difficulties in prosecuting this clandestine activity, Congress focused on criminalizing the creation and distribution, for commercial gain, of the resulting videos.

The Court’s majority, however, determined that the statute also potentially applied to activity that might be deemed cruel but is not illegal, such as hunting videos. Based on this finding, the Court overturned Mr. Stevens’ conviction for distributing videos of dogfighting, even though that behavior is illegal in all 50 states. In doing so, the Court supported the tradition of protecting First Amendment rights by refusing to uphold a conviction based upon a statute that it believed was not sufficiently narrowly tailored.

Importantly, the Court did not address whether preventing animal cruelty is a compelling governmental interest worthy of constitutional protection. Rather it determined that the statute in question was too broad and encroached on protected interests. Thus, the Court found the statute regulates speech protected by the First Amendment and therefore could not survive a constitutional challenge.

As noted in the Center for Animal Law Studies’ amicus curiae brief submitted in Stevens, American courts have long recognized that preventing animal cruelty ultimately serves human interests. One reason for this is the historical view that animal cruelty is abhorrent because the act of violence itself, regardless of the victim, dulls humanitarian feelings. One court in 1904 noted that constantly seeing disfigured and mutilated animals tends to corrupt the public morals. And as early as 1896, a court made clear that the legislative goal of anti-cruelty laws was “not only to protect these animals, but to conserve the public morals….”

The Center’s brief also references numerous studies explaining the connection between human and animal violence. These studies form the basis of many fundamental policy decisions. For instance:

· In the 1970’s, the FBI began using animal cruelty as one of the key factors to predict future violent behavior;

· The International Association of Chiefs of Police urges law enforcement to take animal cruelty reports seriously because violence against animals provides an early opportunity to prevent future violent crimes; and

· An article published in the Journal of American Veterinary Medical Association summarizes the importance of addressing animal cruelty, stating that “animal abuse and neglect do not occur in a vacuum but are part of a pattern of dangerous and antisocial behavior jeopardizing people, animals, and inanimate property.”

The cumulative strength of the evidence illustrates that violence knows no boundaries. This requires regulation of both the actual acts of violence and the depictions of those acts.

The Stevens Court suggests a path to achieve this goal. A new statute, one more narrowly tailored, could successfully prohibit the creation or sale of depictions of animal cruelty for commercial use. The Center for Animal Law Studies looks forward to the development of a new statute to protect all victims, animals and people alike, from the impact of senseless violence for commercial gain.

Read the Center's amicus curiae brief submitted in U.S. v. Stevens.

Read the U.S. Supreme Court's majority opinion and Alito's dissent.

This monkey died for you?

2010-04-09T09:01:00.000-07:00

The Willamette Week recently ran a story about OHSU's primate research center ("This Monkey Died for You - OHSU Animal Researchers Fire Back at Their Critics"). We'd love to hear your thoughts on the topic. Here's our response:
As attorneys and professors working in the field of animal law, we know the issues relating to animal testing are more complex than the interviewees in This Monkey Died for You would have readers believe. For the past few years, we have visited the Primate Center with our students who have benefited from thoughtful discussions with Dr. Doane. Although we appreciate her openness, it is our personal view that the article fails to address several important points.

For instance, there are a number of respected science-based organizations, such as the Center for Alternatives to Animal Testing at Johns Hopkins, that reject animal testing on scientific and ethical grounds.

Second, for every purported advancement there is a countervailing setback that shows animal testing is not an accurate predictor of outcomes in humans.

Third, if the ability to feel pain is one of the factors that triggers ethical consideration, then there should be no distinction in the protections available to an animal regardless of whether he or she is bred for research.

Fourth, Mr. Newman incorrectly portrays most animal rights activists as “extremists.” It should not be considered extreme to hope for and work toward solutions that address both advancements for human health and protections for animals.

To clarify one quote attributed to Dr. Doane, the law does not require the reduction of animals in experiments, although there is a government policy statement that encourages this outcome.

We welcome the opportunity to discuss these issues further with WW or with OHSU representatives.

Signed,

Pamela Frasch, J.D. Assistant Dean, Animal Law Program and Executive Director, Center for Animal Law Studies

Professor Kathy Hessler, J.D., LL.M. Director, Animal Law Clinic Center for Animal Law Studies

CALS on Twitter

2010-04-07T08:46:00.000-07:00

That's right. We've decided to join the masses and become tweeters. You can follow us at: https://twitter.com/CALSAnimalLaw

CALS Files Petition on Behalf of Farm Sanctuary to Extend Downed Animal Regulations

2010-03-16T13:02:00.000-07:00

In March of 2009, new rules from the USDA went into effect which ban “downed” cattle from being slaughtered for human consumption. The move was motivated by an effort to protect the human food supply from diseased animals, and to encourage the humane treatment of animals going to slaughter. Both Congress and the USDA have received significant and undeniable evidence that workers in slaughter facilities often do everything they can, including using forklifts, chains, and other cruel practices, to get downed animals all the way through the processing line. This is because downed animals that don’t make it to slaughter represent a financial loss to livestock producers. Animal Law Clinic Director Kathy Hessler said, “The downed cattle ban, however, is only one small step in the right direction. Now that the USDA has recognized cattle can and do suffer and human heath is seriously compromised by these practices, it’s time the USDA recognizes the same truths for pigs, goats, sheep, and other livestock.” For this reason, the Animal Law Clinic filed a petition on behalf of Farm Sanctuary, the nation's leading farm animal protection organization, to urge the USDA to extend the protections now offered to downed cattle to pigs, goats, sheep, and other livestock. Read more and find out how to contact Secretary of Agriculture Tom Vilsack to urge the expansion of downed animal protections.

Swiss to Vote on Animal Lawyer Referendum

2010-03-07T20:16:00.000-08:00

Will the Swiss give nonhuman animals a constitutional right to legal representation? Read more about the Swiss referendum.

2010 National Animal Law Competitions

2010-02-08T15:18:00.000-08:00

The 7th Annual National Animal Law Competitions (NALC) were held February 5-7, 2010, at Harvard Law School. The competitions are designed to test law students’ legal skills through exercises in appellate brief writing, oral and closing arguments, bill and factsheet construction, legal analysis, and lobbying. A total of 61 law students representing 22 law schools from around the country competed in another successful event. Find out the competition results and view photos from the event.

wildlife "at threat"

2009-09-30T18:11:00.000-07:00

http://www.commondreams.org/headline/2009/09/29-3

Climate change is not going to make the plight of wildlife any easier in the years to come.

NAS Symposium at Lewis & Clark

2009-08-27T16:32:00.000-07:00

Register now for our upcoming symposium on animals and toxicity testing. This daylong event: "The Science, Ethics, and Law of Animal Testing in the 21st Century - Are We on the Verge of a Paradigm Shift?" is free to the public (registration required) and will take place at Lewis & Clark Law School on Saturday, September 12, 2009. The panelists will present strategies for improving scientific outcomes using alternatives to animal testing outlined in the National Academy of Science's (NAS) National Research Council (NRC) Report on Toxicity Testing in the 21st Century. This groundbreaking event is not to be missed! For more information, please visit: http://www.lclark.edu/law/centers/animal_law_studies/nas_symposium/index.php. To register for the symposium, please send an email to lmulkani@aldf.org and include your first name, last name, and phone number in the body of the email.

Taking Action For Animals - Washington D.C.

2009-07-29T10:21:00.000-07:00

Conference Registration Open!

2009-07-06T19:36:00.000-07:00

I'm thrilled to announce that registration opened today for the 17th annual Animal Law Conference at Lewis & Clark! This year's conference is titled Animal Law: The Links and will focus on animal law and its link to other areas of the law and professional disciplines, philosophies, and social movements. Expect panel sessions on the link between animal law and: domestic violence, climate change, international trade, religion, the media, and many more exciting topics. And you won't want to miss keynote speakers: Nicholas D. Kristof, two-time Pulitzer Prize-winning author and New York Times columnist, and Jonathan R. Lovvorn, Vice President & Chief Counsel for Animal Protection Litigation & Research at the Humane Society of the United States! For more information and to register for the conference please visit our conference website at: www.alawconference.org. Questions? Please email us at alawconference@lclark.edu.

Amicus Curiae Brief in U.S. v. Stevens

2009-06-16T14:19:00.000-07:00

We are very pleased to report that CALS successfully spearheaded one of our most favorite projects to date. On behalf of a group of animal law professors from across the nation, we filed an amicus curiae brief for the U.S. Supreme Court in the animal cruelty case of U.S. v. Stevens. In this brief, we argued that preventing animal cruelty is a compelling governmental interest and should be held as such by the Court. If the Justices agree, their decision will have historic implications for animals throughout the United States. We filed our brief on behalf of a group of animal law professors to provide our expertise to the Court. We are happy to report that our List of Signatories included 45 professors representing 50 different law schools from across the country. Read this historic amicus curiae brief.

Our New Blog

2009-06-15T11:28:00.000-07:00

Today marks the birth of our new blog here at the Center for Animal Law Studies. We are very excited about this development and look forward to providing you with ongoing updates about our work. We also look forward to the opportunity to engage in online conversations with you about animal law and the consideration of animal interests. So, let the fun begin. We hope to hear from you soon.