Animal Law
Syllabus
Spring 2015
Professor
Stacey Gordon
Office: LAW 167 (in the Law Library)
Phone: 243-6808 (office), 239-9024 (cell)
Email: stacey.gordon@umontana.edu
Course Information
Tuesday, 1:10pm-3:10pm
Location: Room 101
Credits: 2
Course Description
Animal Law is the body of law relating to animals and the interaction between people and animals.
Animal Law crosses into many areas of law including Property, Torts, Constitutional Law, Criminal Law,
Contracts, Family Law and Wills & Trusts. In many ways Animal Law issues are somewhat contradictory:
how can animals have rights but no standing to enforce those rights? Do animal laws protect animals or
people’s interest in animals? In this course, students will read, discuss, and think about Animal Law
issues.
GOALS.
This course will provide an overview of various topics in Animal Law. Upon completion of this course you
should:
1. Understand the major legal issues in animal law.
2. Be aware of some of the important animal law cases.
3. Be aware of the major federal and state animal law statutes.
METHODS.
1. Reading. Each student will read, think about, and be prepared to discuss assigned readings.
2. Writing. Each student will write a research paper on a selected issue in animal law.
3. Discussion. Students will participate in class discussions.
4. Legislative analysis. Each student will analyze and track an animal law bill in the current
Montana Legislature.
Required Texts & Readings
There is no required textbook for this course. All readings will be available on Lexis, Westlaw, HeinOnline
or the course Moodle page.
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Attendance
Attendance at all classes is required. Students who miss more than five hours of class (excused or
unexcused) must withdraw from the course as per the attendance policy in the Student Handbook.
Professionalism
Law school is a professional school. All your courses will prepare you for the practice of law in some
manner and all are equally important. I expect that you will adhere to professional standards in your
written work and that all your written work will be organized, neat, and carefully proofread. I also
expect that you will come to class prepared and your class participation will reflect the professionalism
expected of law practitioners. This includes limiting your use of laptops and other technologies (Twitter,
texting, email, Facebook, IM, etc.) in the classroom to class activities.
Academic Honesty
All students must practice academic honesty. Academic misconduct is subject to an academic penalty
by the course instructor and/or a disciplinary sanction by the University. All students need to be familiar
with the University of Montana Student Conduct Code and the Law School Honor Code, which is in the
Student Handbook.
Disability Services
The University of Montana assures equal access to instruction through collaboration between students
with disabilities, instructors, and Disability Services for Students (DSS). If you think you may have a
disability adversely affecting your academic performance, and you have not already registered with DSS,
please contact DSS in Lommasson 154. I will work with you, Dean Gagliardi, and DSS to provide an
appropriate accommodation.
Assignments & Grading
Legislative Analysis
Paper (2500-3000 words or AWR)
25%
75%
LEGISLATIVE ANALYSIS
Each student will select a bill that is being considered in the current Montana legislature to analyze and
track. Students will prepare a written report on the purpose, status, and legislative discussion of their
bills and briefly report on their bills in class. Grades will be based on the thoroughness and of the
written reports. A list of bills appears at the end of the syllabus.
PAPER
2500-3000 word, publishable-quality paper on an animal topic you select. Your paper must state a clear
thesis and provide a thorough legal analysis supporting that thesis-- your paper must be an analysis of
the issue and not just an explanation of it. Your paper must be footnoted using ALWD citation format.
There is a list of possible paper topics on the last page of this syllabus, but you are not limited to these
topics. Due dates and grade weights for the components of the paper are:
Assignment
Thesis Statement (10%)
Draft (30%)
Final Paper (60%)
Date
February 3
April 14
May 4
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AWR
Students have the option of completing the Advanced Writing Requirement (AWR) in this course.
Students electing to complete their AWR in this course will write a paper that fulfills the AWR
requirements in the Student Handbook. Your grade in the course will be based on the quality of the
paper, regardless of whether your paper meets the standards in the Student Handbook. In other words,
simply completing the course and the paper does not automatically mean I will certify your AWR; your
paper must meet the standards in the Student Handbook before I can certify the AWR. Due dates and
grade weights for the components of the AWR are:
Assignment
Thesis Statement (10%)
Outline & Annotated Bibliography (15%)
Draft (25%)
Presentation (10%)
Final Paper & Self Evaluation (40%)
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Date
February 3
March 24
April 14
April 21, 28
May 4
Course Schedule
 January 27
Course introduction, choosing paper topics, bill tracking, defining “animal”
Assignment
1. Mariann Sullivan, Consistently Inconsistent: The Constitution and Animals, 19 Animal L.
213 (2013).
2. McKinney v. Robbins, 892 S.W.2d 502 (Ark. 1995).
Discussion Questions
What is an animal?
What is animal law?
 February 3
Criminal law: animal cruelty, puppy mills, hoarding, animal fighting
Assignment
1. Mont. Code Ann. §§ 45-8-209 to 45-8-211, 45-8-217, 27-1-434 (2013).
2. Oregon v. Fessenden, 310 P.3d 1163 (Or. 2013).
3. Colin Berry, et al., Long-Term Outcomes in Animal Hoarding Cases, 11 Animal L. 167
(2005).
4. Montana v. Kapsa documents (available on the course Moodle page).
5. Montana v. Chilinski, 2014 MT 206, 367 Mont. 112, 330 P.3d 1169.
6. THESIS STATEMENTS DUE: SUBMIT VIA MOODLE BY 9:00 AM. AWR students must sign
up for a meeting with Prof. Gordon this week.
Discussion Questions
Who do animal cruelty statutes protect?
How can animal cruelty statutes be strengthened?

February 10: Class Cancelled
 Thursday, February 12: Guest Speaker, Noon-1:00
A Dog Named Gucci is a documentary film about a brave puppy who was set on fire and his determined
rescuer who fought for 16 years to finally change animal cruelty law. Join Gorman Bechard, director of A
Dog Named Gucci, and Stacey Gordon, animal law professor at the University of Montana School of Law,
for a panel discussion on Thursday, February 12, Noon-1:00 PM in Room 101 of the Law School. Mr.
Bechard will speak about the film and Prof. Gordon will talk about animal welfare bills before the
current Montana legislature. The event is being hosted by the Montana Law Review. It is free and open
to the public. A Dog Named Gucci will premier at the Big Sky Documentary Film Festival on Valentine's
Day, Saturday, February 14th at 3:30 PM. Tickets are available at this website.
Assignment
1. Linda Marx, Gucci the Dog, Whose Brutal Beating Led to a Stronger Cruelty Law, Dies at
16, People, http://www.peoplepets.com/people/pets/article/0,,20494061,00.html
(Mar. 26, 2010).
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2. Animal welfare bills (available on the course moodle page).
Discussion Questions
Come prepared to ask questions of the panel members.
 February 17
Family law, domestic violence, wills & estates
Assignment
1. Eric Kotloff, Note, All Dogs Go to Heaven…or Divorce Court: New Jersey Un”leashes” a
Subjective Value Consideration to Resolve pet Custody Litigation in Houseman v. Dare,
55 Vill. L. Rev. 447 (2010).
2. Raymond v. Lachman, 695 N.Y.S.2d 308 (N.Y. App. Div. 1999).
3. Gerry W. Beyer, Pet Animals: What Happens when Their Humans Die?, 40 Santa Clara L.
Rev. 617 (2000).
4. Jona McNamee, et al., Estate Planning Tools for Owners of Companion or Service
Animals and Pets, MSU Extension,
http://store.msuextension.org/publications/FamilyFinancialManagement/mt201405HR.
pdf (2014).
Discussion Questions
What would a “best interest of the companion animal” standard look like?
What should people with companion animals consider when planning their estates?
 February 24
Torts & insurance, emotional distress damages, breed specific legislation
Assignment
1. Marcella M. Roukas, Determining the Value of Companion Animals in Wrongful Harm or
Death Claims, An. Legal & Hist. Ctr., https://www.animallaw.info/article/determiningvalue-companion-animals-wrongful-harm-or-death-claims-survey-us-decisions-and
(2007).
2. Kristen A. Swann, Note, Irrationality Unleashed: The Pitfalls of Breed Specific Legislation,
78 UMKC L. Rev. 839 (2010).
3. Jay M. Zitter, Annotation, Recovery of Emotional Distress Due to Treatment of Pets and
Animals, 91 A.L.R.5th 545 (2001 & Supp. 2014).
4. Mont. Code Ann. § 27-1-222 (2013).
5. Strickland v. Medlen, 397 S.W.3d 184 (Tex. 2013).
Discussion Questions
Should courts award emotional distress damages for injuries to companion animals?
What are the best arguments supporting and opposing breed specific legislation?
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 March 3
Constitutional issues I
Assignment
1. Laurence H. Tribe, Ten Lessons Our Constitutional Experience Can Teach Us About the
Puzzle of Animal Rights: The Work of Steven M. Wise, 7 Animal L. 1 (2001).
2. Jessica Pitts, “Ag-Gag” Legislation and Public Choice Theory: Maintaining a Diffuse Public
by Limiting Information, 40 Am. J. Crim. L. 95 (2012).
3. U.S. v. Stevens, 559 U.S. 460 (2010).
4. PETA v. Sea World documents (available on the course Moodle page).
Discussion Questions
Where is the balance between free speech and animal cruelty advocacy? Are “ag-gag”
laws and crush videos constitutional?
Can the Constitution protect animals?
 March 10
Constitutional issues II: Standing
Assignment
1. Stacey L. Gordon, The Legal Rights of All Living Things: How Animal Law Can Extend the
Environmental Movement’s Quest for Legal Standing for Non-Human Lives, in What Can
Animal Law Learn from Environmental Law? (Randall S. Abate, ed. forthcoming 2015)
(draft available on the course Moodle page).
2. ACPCA v. Feld Entm’t, 659 F.3d 13 (D.C. Cir. 2011).
3. Personhood cases (available on the course Moodle page).
Discussion Questions
If animals don’t have standing, do they have rights?
What is the best legal status for animals?
 March 17
Federal statutes: Endangered Species Act, Animal Welfare Act, Americans with Disabilities Act, Animal
Enterprise Terrorism Act
Guest Speaker: Clay Miller
Assignment
1. J.B. Ruhl, The Endangered Species Act’s Fall from Grace in the Supreme Court, 36 Harv. Envtl.
L. Rev. 487 (2012).
Discussion Questions
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 March 24
International animal law
Assignment
1. Ingrid M. Gronstal Anderson, Jaws of Life: Developing International Shark Finning
Regulations Through Lessons Learned from the International Whaling Commission, 20
Transnat’l L. & Contemp. Probs. 511 (2011).
2. Each student will select a country and present a brief overview of that country’s animal
laws.
3. ANNOTATED BIBLIOGRAPHIS & OUTLINES DUE: SUBMIT VIA MOODLE PAGE BY 9:00 AM
(AWR ONLY). AWR students must sign up for a meeting with Prof. Gordon this week.
Discussion Questions
Discussion of foreign animal law.

March 31: Spring Break
 April 7:
Indigenous animal law, Federal statutes (cont’d)
1. Michael L. Chiropolous, Inupiat Subsistence and the Bowhead Whale: Can Indigenous
Hunting Cultures Coexist with Endangered Animal Species?, 5 Colo. J. Int’l Envtl. L. & Pol’y
213 (1994).
2. 18 U.S.C.A. §§ 43, 48-49 (West 2000 & Supp. 2014).
3. Michael Hill, Note, United States v. Fullmer and the Animal Enterprise Terrorism Act: “True
Threats” to Advocacy, 61 Case W. Res. L. Rev. 981 (2011).
4. Nondiscrimination on the Basis of Disability in State and Local Government Services, 75 Fed.
Reg. 56,164, 56,191-56,195 (Sept. 15, 2010).
5. Henry Cohen, Animal Welfare Act, 2 J. Animal L. 13 (2006).
Discussion Question
When does animal advocacy rise to the level of terrorism?
Should the definition of “service animal” be expanded to include other animals?
How could the Animal Welfare Act be strengthened?

April 14: Bill Presentations
Assignment
1. BILL ANALYSIS REPORT DUE
2. PAPER DRAFT DUE: SUBMIT VIA COURSE MOODLE PAGE BY 9:00AM. AWR students must
sign up for a meeting with Prof. Gordon this week.
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 April 21: Hot Topics
Elephants & Ivory, Bioengineering, Military Dogs, Animals in Entertainment
Assignment
1. Sharon Montazeri, Note, Protecting the Pachyderrm: The Significance of Ivory Trade
Regulation for African Elephant Conservation, 22 Cardozo J. Int'l & Comp. L. 121 (2013).
2. Lauren Tierney, Detailed Discussion of Laws Concerning Orcas in Captivity, An. Legal & Hist.
Ctr., https://www.a nimallaw.info/article/detailed-discussion-laws-concerning-orcascaptivity (2010).
3. Michael J. Kranzler, Note, Don't Let Slip the Dogs of War: An Argument for Reclassifying
Military Working Dogs as "Canine Members of the Armed Forces," 4 U. Miami Nat'l Sec. &
Armed Conflict L. Rev. 268 (2013).
Discussion Question
Bioengineering grab bag
 April 28: AWR Presentations
Course evaluations
Suggested Paper Topics
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Companion animal hoarding
Breed specific legislation
Animal fighting
Personhood status for great apes
Hunter Harassment/free speech
Dolphin/whale hunting
Naval use of sonar, taking of whales & dolphins
Animal testing
Zoos
Circuses
Factory farms/CAFOs
Puppy mill legislation
Horse slaughter
Feral cats
Animal Enterprise Terrorism Act, 18 U.S.C. § 43
Owning exotic animals
Patentability of animals
"Ag-gag' laws
Endangered species
Bills
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SB100: Generally revise laws related to the regulation of feral hogs
SB115: Generally revise laws related to boarding animals subject to court proceedings
SB120: Revise game damage laws
SB189: Clarify that wolf management funds may be used for public education
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HB106: Revise laws related to police horses
HB150: Generally revise fish, wildlife, and parks laws related to penalties (hunter harassment)
HB179: Revise farm animal and research facility protection laws
HB212: Reaffirm that trapping is a form of hunting protected under MT Constitution
HB278: Generally revise fish and game laws with respect to unmanned aerial vehicles
HB281: Generally revise laws related to game wardens
LC0120: Establish loss compensation fund for brucellosis quarantine herds in MT
LC0803: Revise laws related to managing bison as livestock
LC0509: Protect property rights of dog owners by prohibiting breed-specific ordinances
LC1827: Exempting trapping, sterilizing, and releasing feral cats from animal cruelty
Animal fighting
Commercial breeding
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