University of Technology Sydney

78218 Animal Law and Policy in Australia

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (70106 Principles of Public International Law AND 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76033 Animal Law and Policy in Australia AND 78219 Animal Law and Policy in Australia

Description

This subject examines the effectiveness of animal welfare regulation in Australia, as it applies to companion animals, farm animals, wild animals, animals in entertainment and animals in experimentation. Students also evaluate Australia's regulatory regime alongside selected topics from international and comparative perspectives. The subject focuses on the legal status of animals and the law’s role in preventing cruelty. This provides the foundation for evaluating whether regimes in Australia, or internationally, foster accountability and ethical standards. A consistent theme that weaves through the subject is the animal welfare versus animal rights debates that are presented against the historical influences of philosophy, morality and science. Students are encouraged to question and strengthen their ethical stance, building on their research skills to delve deeply into ethical and justice issues underpinning animal law. Students also apply and evaluate Martha Nussbaum’s “capabilities approach”, as an alternative to the traditional welfare/rights dichotomy in order to develop a more complex understanding of ethical considerations and a deeper appreciation of professional responsibility. The subject takes a practice-oriented approach to student learning, by including interactions with a rich array of expert speakers. It also provides students with practical assessments, including writing case notes that are collated into an animal law case book, freely available in the public domain.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Analyse, synthesise and evaluate principles of animal law and policy in Australia, the European Union, and the rules of international trade law; and engage with theoretical frameworks of animal welfare/animal rights to respond to deficiencies in animal protection.
2. Synthesise and critically evaluate, the historical, strategic and theoretical differences between animal welfare, animal rights and Nussbaum’s capabilities approaches to animal law and policy and the impact of these approaches on animal laws and professional practice.
3. Identify and analyse the implications of ethics in decision-making involving animal law and policy.
4. Formulate and justify a viable research question and execute a clear and persuasively argued research project drawing on both legal and interdisciplinary sources.
5. Reflect critically on personal communication and collaboration skills and apply strategies to facilitate teamwork, synthesise discussions and improve group and class outcomes.
6. To use effective communication and research skills to justify and interpret theoretical propositions and conclusions, including how these conclusions apply to law and policy, to specialist and non-specialist audiences.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Ethics and Professional Responsibility
    An advanced and integrated capacity to value and promote honesty, integrity, cultural respect, accountability, public service and ethical standards including:
    a. An understanding of approaches to ethical decision making;
    b. An understanding of the rules of professional responsibility;
    c. An ability to reflect upon and respond to ethical challenges in practice;
    d. A developing ability to engage in the profession of law and to exercise professional judgment; and
    e. An ability to reflect on and engage constructively with diversity in practice. (2.1)
  • Research Skills
    Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
    a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
    b. Apply ethical research practices. (4.1)
  • Communication
    Well-developed professional and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
    e. An ability to respond respectfully. (5.1)

Teaching and learning strategies

Strategy 1: Preparation for Learning

To prepare for the interactive seminars it is essential that students complete the weekly readings and watch the assigned video clips. All learning materials, such as, journal articles, book chapters, video clips, podcasts, hypotheticals and problem questions can be accessed from CANVAS; and are conveniently assembled into an electronic workbook (available on CANVAS). The questions and hypothetical scenarios are used to stimulate class discussions, raise awareness and engagement with ethical and justice issues relevant to animal law and policy. These materials are also used for a range of other class activities, including collaborative work, the research activities and the preparation of case notes. Sound preparation is vital to facilitating students being able to work collaboratively in class; it also enables student to build their understanding and monitor their progress through continuous feedback provided to them and their peers during class discussions. Being able to participate actively, in informed and meaningful discussion, hones individual understanding though collaborative development of analytical skills that evaluate the development of theoretical frameworks and underpinnings of animal law and policy.

Strategy 2: Collaborative Learning.

Students work collaboratively in the same group (assigned by the subject coordinator) throughout the subject. This strategy encourages social cohesion of the groups. The collaborative process will be scaffolded (supported) in stages over the course of the seminars. Students are assigned into groups and work together on an ice-breaker, leading to engaging with hypotheticals, problem solving and presentations within their groups. Students will draw on their developing knowledge and understanding of theoretical frameworks, law and policy to consider hypothetical scenarios and give presentations, on topics and issues that are typical of those that lawyers and policy-makers will encounter in the practice of animal law. Questions and hypotheticals undertaken as collaborative work are designed to allow students to evaluate Australia’s regulatory regime and also to undertake comparative evaluations of animal law and policy developed by the European Union as well as the impact of international trade on animal protection. Students will also collaboratively evaluate and synthesise the historical, strategic and theoretical differences between animal welfare and animal rights and the consequence of Nussbaum’s “capabilities approach” on the rights/welfare debate.

Strategy 3: Developing research skills

Research skills are essential for every lawyer. The learning materials for this subject include a range of law, policy and theory relevant to animal welfare and animal rights. The theoretical materials weave throughout the course and together with other learning materials available from CANVAS, provide tools and opportunities for students to practise their research skills by: researching and preparing for their class presentation; researching and writing the case note; formulating the essay topic, and researching and writing the essay. Students will obtain formative feedback on their essay topic.

Strategy 4: Practical Learning

The seminars will include a range of practical learning opportunities, such as, discussions, debates and practice problems that involve explaining and applying complex policy and statutory provisions. In addition, the writing of a case note is an authentic assessment where students identify and analyse the law, demonstrating their ability to distil legal issues, reasons for a decision, and the wider implications of the decision.

Strategy 5: Online Learning Activities

Students will undertake readings made available through CANVAS and will contribute to online discussion via CANVAS. Students are expected to engage with the learning materials, make initial comments and post their analysis to questions that will be provided at the beginning of the teaching session. Students also engage critically with responses from two other students by replying to initial postings via CANVAS. The questions and answers are designed to provide students with practice in critical analysis, articulation of ideas and synthesis of research material.

Strategy 6: Ongoing Feedback

Opportunities are provided for formal and informal feedback throughout this subject, starting from the first seminar. Two of the seminar days are scheduled before the census date providing students with opportunities to gauge their performance early in the subject. Students will receive informal feedback on their oral skills, knowledge of the law and quality of analysis of legal, theoretical and ethical issues. This includes informal peer feedback on presentations as well as self-assessment by students on their class participation. Detailed criteria for the feedback and self-assessment are available from CANVAS. Students are given the opportunity to obtain feedback from their teacher on their class participation half-way through the teaching session. Formal feedback is provided for the written assessments and the online discussion, including students’ ability to critique, articulate ideas, formulate an essay topic and synthesise research material.

Subject Delivery: The subject will be delivered in a blended learning block mode with extended seminar sessions over 4 Saturdays complemented with online studies and activities. Students are expected to attend and participate in the seminar sessions unless prevented by extenuating circumstances.

Content (topics)

Topic 1 - Animals: Morality, Science and Justice

  • Philosophical Approaches to the Moral Status of Animals
  • Scientific Basis for Animal Welfare
  • Animal Welfare as a Matter of Justice

Topic 2 - Historical Development of Animal Law

  • Animals and Early History
  • Liability for Harm Done by Animals
  • Early Animal Cruelty Laws
  • Animal Emancipation

Topic 3 - Legal Status of Animals

  • Property Status of Animals
  • Domestic and Wild Animals
  • Issues with the Property Status of Animals
  • Animal Welfare or Animal Rights?

Topic 4 - Overview of Animal Law in Australia

  • The Nature of Animal Law; Federal Responsibilities/laws and strategies, State Animal Welfare Laws and Codes of Practice
  • What is an Animal?
  • Concept of Animal Welfare in Legislation and Policy
  • Criminal Liability
  • Defences

Topic 5 - Regulation of the Treatment of Companion Animals

  • Defining a Companion Animal
  • Significance of Companion Animals
  • Companion Animals in Custody Disputes
  • Companion Animals and Estate Planning
  • Can Animal Welfare Regimes Protect the Welfare of Companion Animals in an Effective Way?

Topic 6 - Regulation of the Treatment of Farm Animals

  • What is a Farm Animal?
  • Who is Responsible for Farm Animal Welfare?
  • Evaluation of the Australian Regime; Notion of cruelty and Barriers to effective enforcement of law and policy

Topic 7 - Regulation of Wild Animals

  • What is a Wild Animal; Wild animals as property
  • Welfare of Wild Animals
  • Wild Animals and Environmental Regulation
  • Captive Wild Animals – Zoos and Circuses

Topic 8 - Regulation of Animal Testing

  • Regulatory Framework in Australia
  • What is a Research Animal?
  • Codes and Ethics Committees
  • State and Territory Laws

Topic 9 - International Context

  • Comparison of the Approach of the European Union with the Approach in Australia. What lessons can Australia Learn?
  • Rules of the WTO (product/process). Do the Rules of the WTO Stand in the Way of Effective Regulation for Animal Welfare?

Assessment

Assessment task 1: Collaboration and Class Participation

Intent:

Students demonstrate their application of essential knowledge and skills whilst collaborating with colleagues in circumstances that closely relate to professional practice, including “thinking on one’s feet”.

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 5 and 6

This task contributes specifically to the development of the following graduate attributes:

2.1, 4.1 and 5.1

Weight: 25%
Length:

Word Equivalent is 1,050 words.

Assessment task 2: Assessment Task 2: Choice 1: Case note and extended discussion on the importance of the case, or Choice 2: Annotated Abstract and Essay

Intent:

This task contains substantial components of authentic assessment that allow students to perform a real-world task applying legal knowledge and skills gained in this subject to prepare a case note.

Objective(s):

This task addresses the following subject learning objectives:

1, 3, 5 and 6

This task contributes specifically to the development of the following graduate attributes:

2.1, 4.1 and 5.1

Weight: 25%
Length:

850 words

Assessment task 3: Assessment Task 2: Choice 1: Case note and extended discussion on the importance of the case

Intent:

This task contains substantial components of authentic assessment that allow students to perform a real-world task applying legal knowledge and skills gained in this subject to prepare a case note

Weight: Mandatory task that does not contribute to subject mark
Criteria:
  • Accurately summarises facts and decisions of the case (SLO 1, 6 and GA 2,4,5)
  • Accurately identifies the ratio decidendi of the case (SLO 1, 6 and GA 4,5) Critically analyses the decision (SLO 1, 3, 5, 7 and GA 2,3,6)
  • Explains the significance of the case in the wider context of animal protection (SLO 1, 3, 5, 6 and GA 4, 5)
  • Uses plain English understandable by non-lawyers (SLO 1,6 and GA 4,5)

Assessment task 4: Assessment Task 2: Choice 2: Annotated Abstract and Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4, 5 and 6

This task contributes specifically to the development of the following graduate attributes:

2.1 and 4.1

Weight: Mandatory task that does not contribute to subject mark
Criteria:
  • Choice of essay topic that can be researched and written in one session.
  • Title for the essay that lets the reader know what the essay is about
  • The abstract provides a summary of the essay and should include: the purpose of the essay, the methodology (one sentence is enough), the arguments and a conclusion
  • Development of a preliminary logical and persuasive written argument Identification of relevant literature
  • Annotated bibliography of five sources
  • Relevance of sources to the arguments of the essay is evaluated
  • Sources should be set out in accordance with the AGLC

Assessment task 5: Assessment Task 3: Choice 1: Extended Case note, or Choice 2: Essay

Weight: 50%
Length:

3000 words

Assessment task 6: Assessment Task 3: Choice 1 Extended Case note

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

2.1, 4.1 and 5.1

Weight: Mandatory task that does not contribute to subject mark
Length:

3000 words

Criteria:
  • The extended evaluation will reflect on the significance of the case to animal law and policy.
  • In undertaking this evaluation, students must discuss one or two of the theoretical foundations of animal law (eg animal welfare, animal rights, Nussbaum’s capabilities approach, anti-cruelty regulation, utilitarianism, Steven Wise and animal personhood, animals as property).
  • Students must also discuss the relevance of the case in the broader context of animal law and policy.
  • Location, evaluation and use of primary and secondary research materials
  • Development of a logical and persuasive written argument
  • Students may draw examples from other cases or areas of animal law and policy for comparison and contrast.
  • The discussion must be at an advanced level, demonstrated by high quality arguments and extensive research.
  • Effective communication and research skills that justify and interpret theoretical propositions including how these conclusions apply to law and policy
  • Critical analysis, synthesis and individual insight or originality
  • Appropriate and proper referencing using the AGCL

Assessment task 7: Assessment Task 3: Choice 2 Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

2.1, 4.1 and 5.1

Weight: Mandatory task that does not contribute to subject mark
Length:

3000 words

Criteria:
  • Formulation of a topic that the student is able to plan and write in the course of one teaching Session (SLO 1, 2, 3, 4, 5, 6 and GA 2, 4)
  • Understanding of the topic at an advanced level demonstrated by a clear introduction, effective organization of the essay, and high quality of arguments (SLO 1, 2, 3, 4, 5, 6 and GA 2, 4)
  • Location, evaluation and use of primary and secondary research materials (SLO 1, 2, 3, 5, 7 and GA 2, 4,6)
  • Critical analysis, synthesis and individual insight or originality (SLO 1, 2, 3, 5, 6 and GA 2, 4, 5)
  • Development of a logical and persuasive written argument (SLO 1, 2, 3, 4, 5, 6 and GA 2, 5)
  • Logical organisation and structure of writing (SLO 1, 2, 3, 4, 5, 6 and GA 2, 5)
  • Effective communication and research skills that justify and interpret theoretical propositions including how these conclusions apply to law and policy (SLO 1, 2, 3, 4, 5, 6 and GA 1, 2, 5)
  • Engagement of reader through the use of appropriate and accurate language (SLO 1, 2, 3, 4,5, 6 and GA 2, 5)
  • Appropriate and proper referencing using the AGLC (SLO 1, 4, 6 and GA 4, 5)

Required texts

Alex Bruce, Animal Law in Australia, an Integrated Approach LexisNexis (2018)

An online workbook that contains additional readings and which will be available electronically from CANVAS.

Recommended texts

Deborah Cao Animal Law in Australia, LawBook Co (2010)

Peter Sankoff and Steven White, (eds) Animal Law in Australasia, The Federation Press (2009) (Highly Recommended)

Peter Sankoff, Steven White, Celeste Black (eds) Animal Law in Australasia 2nd edition, The Federation Press (2013). Highly recommended. This has different content from the first edition

References

4.3 References and Additional Materials: Reports, Journals and General References

The reference texts and supplementary materials are based on lists prepared by Voiceless, The Animal Law Toolkit (December 2009)

4.3.1 Journals Focusing on Animal Law

Australian

Australian Animal Protection Law Journal

This is Australia’s first law journal dedicated solely to animal law. It is a peer-reviewed, biannual publication

which was launched in 2008.

International

Journal of Animal Law and Ethics

Published by the University of Pennsylvania Law School, Philadelphia, USA.

Animal Law Review

Published by the National Centre for Animal Law, Lewis & Clark Law School, Portland, Oregon, USA.

Journal of Animal Law

Published by Michigan State University College of Law, Michigan, USA.

Journal of Animal Law and Policy

Published by Stanford University, Stanford, USA.

Journal of Animal and Environmental Law

Forthcoming publication of The University of Louisville Brandeis School of Law, Kentucky, USA.

4.3.2 Australian Legislation

The following table provides a non-exhaustive list of relevant Australian animal law Acts.

New South Wales

Prevention of Cruelty to Animals Act 1979 (NSW)

Animal Research Act 1985 (NSW)

Companion Animals Act 1998 (NSW)

Exhibited Animals Protection Act 1986 (NSW)

Game and Feral Animal Control Act 2002 (NSW)

National Parks and Wildlife Act 1974 (NSW)

Rural Lands Protection Act 1989 (NSW)

Threatened Species Conservation Act 1995 (NSW)

Australian Capital Territory

Animal Welfare Act 1992 (ACT)

Domestic Animals Act 2000 (ACT)

Pest Plants and Animals Act 2005 (ACT)

Nature Conservation Act 1980 (ACT)

Northern Territory

Animal Welfare Act (NT)

Territory Parks and Wildlife Conservation Act 1977 (NT)

Queensland

Animal Care and Protection Act 2001 (QLD)

Exotic Diseases in Animals Act 1981 (QLD)

Racing Act 2002 (QLD)

Stock Act 1915 (QLD)

Fauna Conservation Act 1974 (QLD)

Nature Conservation Act 1992 (QLD)

South Australia

Animal Welfare Act 1985 (SA)

National Parks and Wildlife Act 1972 (SA)

Wilderness Protection 1992 (SA)

Tasmania

Animal Welfare Act 1993 (TAS)

Threatened Species Protection Act 1995 (TAS)

Nature Conservation Act 2002 (TAS)

National Parks and Wildlife Act 1970 (TAS)

Victoria

Prevention of Cruelty to Animals Act 1986 (VIC)

Domestic Animals Act 1994 (Vic) Wildlife Act 1975 (VIC)

Western Australia

Animal Welfare Act 2002 (WA)

Dog Act 1976 (WA)

Wildlife Conservation Act 1950 (WA)

Conservation and Land Management Act 1984 (WA)

Commonwealth

Australian Meat and Livestock Industry Act 1997 (CTH)

Environment Protection and Biodiversity Conservation Act

1999 (CTH)

Export Control Act 1982 (CTH)

4.3.3 Federal Model Codes of Practice for Animal Welfare

Australian Codes are available from DAFF, but are in the process of being re-assessed in the light of the Australian Animal Welfare Strategy.

4.3.4 Books and Journal Articles

The following table provides a non-exhaustive list of relevant books and journal articles. Book titles appear in bold and publications are categorised by subject matter.

Text Books

Bryant, Taimie L; Huss, Rebecca J and Cassuto, David N, (eds), Animal Law and the Courts: A Reader (Thomson, 2008).

Favre, David S, Animal Law: Welfare, Interests and Rights (2008, Aspen Publishers Inc).

Frasch, Pamela D; Waisman, Sonia S and Wagman, Bruce A, Animal Law (4th edition, 2009, Carolina Academic Press).

Gandhi, Maneka; Husain, Ozair and Panjwani, Raj, Animal Laws of India (3rd edition, 2006, Universal Law Publishing Co. Pty Ltd).

Sankoff, Peter and White, Steven, Animal Law in Australasia: A New Dialogue (2009), The Federation Press).

Sunstein, CR and Nussbaum, MC (eds), Animal Rights: Current Debates and New Directions, (2004, Oxford University Press)

Access to Justice

Nussbaum, Martha C, Frontiers of Justice: Disability, Nationality, Species Membership(2006), The Belknap Press of Harvard University Press).

Pollard, Ruth, ‘Animals, Guardianship and the Local Courts: Towards a Practical Model For Advocacy’ (Summer 2007/08) 91 Reform 48.

Seymour, George, ‘Animals and the Law: Towards a Guardianship Model’ (2004) 29(4) Alternative Law Journal 183.

Winders, Delcianna J, ‘Confronting Barriers to the Courtroom for Animal Advocates’ (2006) 13(1) Animal Law 1.

Animals in Agriculture

Akers, Keith and Bagaric Mirko, ‘No Absence of Malice Towards the Gallus’ (2001) 18(5) Environmental and Planning Law Journal 505.

Caulfield, Malcolm, ‘The Law and Pig Farming’ (Summer 2007/08) 91 Reform 25.

Ibrahim, Darian M, ‘A Return to Descartes: Property, Profit, and the Corporate Ownership of Animals’ (2007) 70 Law and Contemporary Problems 87.

Pearson, Alan; Plowman, Kathleen and Topfer, John, ‘Animals and the Law in Australia: A Livestock Industry Perspective’ (Summer 2007/08) 91 Reform 25.

Sharman, Katrina, ‘Lifting the Veil of Secrecy on Animal-Derived Food Products’ (Summer 2007/08) 91

Reform 40.

Wolfson, David, ‘McLibel’(1999) 5 Animal Law 121.

Animals in Entertainment

Allars, Margaret, ‘To Breed or To Exhibit: The Asian Elephants Case and Reasons For Regulatory Failure’ (2007) 24(5) Environmental and Planning Law Journal 329.

Animal Experimentation

Dandie, Geoff, ‘Research, Animal Biotechnology and Regulation in Australia’ (2008) 16(8) Australian Health

Law Bulletin 129.

Donnellan, Laura, ‘Animal Testing in Cosmetics: Recent

Donnellan, Laura, ‘Animal Testing in Cosmetics: Recent Developments in theDevelopments in the European Union and the United States’ (2007) 13(2) Animal Law 251.

Gjerris, Mickey and Sandoe, Peter, ‘Ethical Perspectives in Animal Biotechnology’ (Summer 2007/08) 91 Reform 37.

Kramer, Marcia Goodman, ‘Humane Education, Dissection, and the Law’ (2007) 13(2) Animal Law 281.

LaFrance, Arthur Birmingham, ‘Animal Experimentation: Lessons from Human Experimentation’ (2007) 14(1) Animal Law 29.

Ludlow, Karinne, ‘A Clone with Your Fries? The Regulation of Cloned Farm Animals in Australia’ (2006)

23(3) Environmental and Planning Law Journal 185.

Sharman, Katrina, ‘Opening the Laboratory Door: National and International Legal Responsibilities for the

Use of Animals in Scientific Research - An Australian Perspective’ (2006) 2 Journal of Animal Law 67.

Animal Rights

Bagaric, M, ‘Humanising Animals - Civilising People’ (2008) 4(1) Original Law Review 1.

Bartlett, Steven J, ‘Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks’ (2002) 8 Animal Law 143.

Donovan, Nichola, ‘Is Common Law the Key to Upholding an Animal’s Right Not to Suffer?’ (Summer 2007/08) 91 Reform 43.

Francione, Gary L, Animals, Property, and the Law (1995, Temple University Press).

Francione, Gary L, Rain Without Thunder: The Ideology of the Animal Rights Movement (1996, Temple University Press).

Francione, Gary L, Introduction to Animal Rights: Your Child or the Dog? (2000, Temple University Press).

Hilden, Julie, ‘Contractarian View of Animal Rights: Insuring against the Possibility of Being a Non-Human

Animal’ (2007) 14(1) Animal Law 5.

Regan, Tom, ‘The Day May Come: Legal Rights for Animals’ (2004) 10 Animal Law 11.

Wise, Steven M, ‘Dismantling the Barriers to Legal Rights for Nonhuman Animals’ (2001) 7 Animal Law 9.

Wise, Steven M, Rattling the Cage: Toward Legal Rights For Animals (2000, Perseus Publishing).

Wise, Steven M, Drawing the Line: Science and the Case for Animal Rights (2002, Perseus Publishing).

Wise, Steven M, An American Trilogy: Death, Slavery, and Dominion on the Banks of the Cape Fear River (2009, Da Capo Press).

Wise, Steven M, ‘The Basic Rights of Some Non-Human Animals Under the Common Law’ (Summer 2007/08) 91 Reform 11.

Animal Welfare Laws

Caulfield, Malcolm, Handbook of Australian Animal Cruelty Law (2008, Animals Australia).

Jamieson, P, ‘The Legal Status of Animals Under Animal Welfare Law’ (1992) 9 Environmental and Planning Law

Journal 20.

Sankoff, Peter, ‘Flawed Logic Impedes Animal Welfare Act Sentencing’ (2004) New Zealand Law Journal 357.

Sharman, Katrina, ‘Sentencing Under Our Anti-Cruelty Statutes: Why Our Leniency Will Come Back to Bite Us’ (2002) 13(3) Current Issues In Criminal Justice 333.

White, Steven, ‘Legislating For Animal Welfare: Making the Interests of Animals Count’ (2003) 28(6) Alternative Law Journal 277.

International Perspectives

Adam, Rachelle, ‘The Japanese Dolphin Hunts: In Quest of International Legal Protection for Small Cetaceans’ (2007) 14(2) Animal Law 133.

Araújo, Fernando, ‘Recent Development of Portuguese Law in the Field of Animal Rights’ (2005) 1 Journal of Animal Law 61.

Cook, Kristin, ‘Inhumanity of Foie Gras Production - Perhaps California and Chicago Have the Right Idea’ (2007) 2 Journal of Animal Law and Ethics 263.

Dillard, Carter, ‘False Advertising, Animals, and Ethical Consumption’ (2004) 10 Animal Law 25.

Favre, David, ‘Integrating Animal Interests into Our Legal System’ (2004) 10 Animal Law 87.

Hughes, Elaine L and Meyer, Christiane, ‘Animal Welfare Law in Canada and Europe’ (2000) 6 Animal Law 23.

Kim, Rakhyun E, ‘Dog Meat in Korea: A Socio-Legal Challenge’ (2007) 14(2) Animal Law 201.

Linzey, Andrew, ‘The Ethical Case for European Legislation Against Fur Farming’ (2006) 13(1) Animal Law 147.

Linzey, Andrew, ‘Ethical Critique of the Canadian Seal Hunt and an Examination of the Case for Import Controls on Seal Products’ (2006) 2 Journal of Animal Law 87.

McNabb, Megan, ‘Pets in the Eye of the Storm: Hurricane Katrina Floods the Courts with Pet Custody Disputes’ (2007) 14(1) Animal Law 79.

Nattrass, Kate M, ‘“Und Die Tiere” Constitutional Protection for Germany’s Animals’ (2004) 10 Animal Law 283.

Sankoff, Peter, ‘Five Years of the “New” Animal Welfare Regime: Lessons Learned from New Zealand’s Decision to Modernise Its Animal Welfare Legislation’ (2005) 11 Animal Law 7.

Sharma, Charu, ‘Chinese Endangered Species at the Brink of Extinction: A Critical Look at the Current Law and Policy in China’ (2005) 11 Animal Law 215.

Smith, Rob Roy, ‘At a Complex Crossroads: Animal Law in Indian Country’ (2007) 14(1) Animal Law 109.

Stevenson, Peter, ‘The World Trade Organization Rules: A Legal Analysis of their Adverse Impact on Animal Welfare’ (2002) 8 Animal Law 107.

Striwing, Helena, ‘Animal Law and Animal Rights on the Move in Sweden’ (2002) 8 Animal Law 93.

Pet Custody

Bogdanoski, Tony, ‘The Marriage of Family Law and Animal Rights: How Should Australian Family Law Approach the Rise of ‘Pet Custody’ Disputes?’ (2006) 31(4) Alternative Law Journal 216.

Newell, Barbara, ‘Animal Custody Disputes: A Growing Crack in the “Legal Thinghood” of Nonhuman Animals’ (2000) 6 Animal Law 179.

Stroh, Heidi, ‘Puppy Love: Providing for the Legal Protection of Animals When Their Owners Get Divorced’ (2007) 2 Journal of Animal Law and Ethics 231.

Property Status of Animals

Bearup, Brooke J, ‘Pets: Property and the Paradigm of Protection’ (2007) 3 Journal of Animal Law 173.

Francione, Gary L, Animals, Property, and theLaw (1995, Temple University Press).

Nosworthy, Jane, ‘The Koko Dilemma: A Challenge to Legal Personality’ (1998) 2 Southern Cross University

Law Review 1.31 32

St.Pierre, Derek W, ‘The Transition From Property to People: The Road to the Recognition of Rights for Non-Human Animals’ (1998) 9 Hastings Women’s Law Journal 255.

Wise, Steven, M ‘The Entitlement of Chimpanzees to the Common Law Writs of Habeas Corpus and De Homine Replegiando’ (2007) 37 Golden Gate University Law Review 219.

The Animal Law Movement

Bryant, Taimie L, ‘Trauma, Law and Advocacy for Animals’ (2006) Journal of Animal Law and Ethics 61.

Cao, Deborah, Animal Law in the West (2007) The China Law Press).

Favre, David, ‘The Gathering Momentum’ (2005) 1 Journal of Animal Law 1.

Frasch, Pamela D, ‘Finding our Voice: Challenges and Opportunities for the Animal Law Community’ (2007) 14(1) Animal Law 1.

Glasgow, David, ‘The Law of the Jungle: Advocating For Animals in Australia (2008) 13(1) Deakin Law Review 181.

Katz, Richard J; Blumm, Michael C and Gibbons, Holly Anne, ‘Origins of Animal Law: Three Perspectives’ (2004) 10 Animal Law 1.

Ogle, Greg ‘Beating a SLAPP Suit’ (2007) 32(2) Alternative Law Journal 71.

Pacelle, Wayne, ‘Law and Public Policy: Future Directions for the Animal Protection Movement’ (2005) 11 Animal Law 1.

Sharman, Katrina, ‘An Emerging Field’ (2006) 31(4) Alternative Law Journal 227.

Sherman, Brian, ‘Animal law: Peering Over the Gap or Daring to Close It?’ (2006) 31(4) Alternative Law Journal 226.

White, Steven, ‘The Emergence of Animal Law in Australian Universities’ (Summer 2007/08) 91 Reform 51.

Sankoff, Peter ‘Charting the Growth of Animal Law in Education’ (2008) 4 Journal of Animal Law 105.

Wild Animals

McEwen, Graeme, ‘The Challenge Posed by Feral Animals’ (Summer 2007/08) 91 Reform 30.

Shah, Anuj and Miller, Alyce, ‘Invented Cages: The Plight of Wild Animals in Captivity’ (2005) 1 Journal of Animal

Law 23.

Thiriet, Dominique, ‘In the Spotlight: The Welfare of Introduced Wild Animals in Australia’ (2007) 24(6) Environmental and Planning Law Journal 417.

Thiriet, Dominique, ‘Out of the ‘Too Hard Basket’: Traditional Hunting and Animal Welfare’ (2007) 24(1)

Environmental and Planning Law Journal 59.

Thiriet, Dominique, ‘Traditional Hunting: Cultural Rights v Animal Welfare’ (2006) 31(2) Alternative Law

Journal 57.

Thiriet, Dominique, ‘Tradition and Change – Avenues for Improving Animal Welfare in Indigenous Hunting’

(2004) 11 James Cook University Law Review 159.

4.3.5 Useful Websites

Animal Liberation (ACT)

www.al-act.org

Animal Liberation (NSW)

www.animal-lib.org.au

Animal Liberation (QLD)

www.animalliberationqld.org.au

Animal Liberation (SA)

www.animalliberation.org.au

Animal Liberation (VIC)

www.alv.org.au

Animal Welfare Community Legal Centre

www.animalwelfareclc.org.au

Animal Welfare League

www.animalwelfareleague.com.au

Animals Australia

www.animalsaustralia.org

Brisbane Lawyers Educating and Advocating for Tougher Sentences

www.bleats.com.au

Humane Society International

www.hsi.org.au

International Fund for Animal Welfare

www.ifaw.org

Lawyers for Animals

www.lawyersforanimals.org.au

NSW Young Lawyers Animal Law Committee

www.lawsociety.com.au/page.asp?partid=6153

RSPCA Australia

www.rspca.org.au

Barristers Animal Welfare Panel

www.vicbar.com.au/e.1.12.asp

Voiceless, the animal protection institute

www.voiceless.org.au

Wires

www.wires.org.au

World Society for the Protection of Animals

www.wspa.org.au