Course Number 285.

62 – Animal Law
Fall 2017

Instructor Information
Instructor: Bruce A. Wagman
Email: bwagman@schiffhardin.com
Phone: 415 901-8762
Office: After class and by appointment
Office Hours: After class and by appointment

Course Information
Meetings: Tuesday, 8 a.m. – 9:50 a.m.
Location: TBA
Prerequisites or Co-requisites: None
Credit Hours: 2

Textbook/Course Materials
Waisman, et al., Animal Law Cases and Materials (Fifth Edition 2014) (Carolina Academic Press)

Course Description
This course presents a survey of the historical and current status of this rapidly developing
specialty. In brief, animal law encompasses all areas of the law in which nature – legal, social or
biological – of nonhuman animals is an important factor. It is an objective and logical specialization
of a challenging area – one with a growing numbers of cases and laws, increasing public and
practical interest, and significantly different historical, legal and philosophical foundations than
most other courses. Topics covered include animal cruelty, animals as property, tort claims
regarding animals, farm animals, animals in entertainment, and federal issues regarding animals.

Learning Outcomes
Students in the course will be expected to achieve the following Berkeley Law Learning Outcomes:
(a) Knowledge and understanding of substantive and procedural law pertaining to animals;
(b) Legal analysis and reasoning, problem-solving, and oral communication in the legal context;
(c) Examination and analysis of ethical and professional practice issues with respect to
representation in cases involving animals; and
(d) Using the law to solve real-world problems and to create a more just society.

Assignments/Exams/Experiential Exercises/Papers/Projects
Students will be evaluated in the following areas: final exam or paper.

1
Grading/Evaluation
Option of research paper or final exam that is 3-hour open book/no internet/computer access with
no page or word limit.

Course Policies
No internet use during class.
Student participation is encouraged.
Class attendance is mandatory.
Everyone is on call for potential questions each day, but if you’re ever unprepared or cannot
answer, just send me an e-mail ahead of class or state in class that you would like to pass on the
question. My sole goal is to diversify and liven up class participation, and give you an incentive to
share your thoughts, not to intimidate or humiliate anyone. You’re all encouraged to volunteer
answers when I seek volunteers, and to ask questions throughout class.

Course Schedule
The schedule below is a rough estimate, and will be adapted weekly by in-class announcements to
accommodate for discussion of other issues and current events in the field.

ANIMAL LAW – SAMPLE COURSE SCHEDULE

Reading
Class Date Topic Assignment/Other Relevant Learning Outcome
Assignment
Week 1 Introduction to Animal Law Pages xxxi – xxxiv; 3-16 Understand different
treatment of animals in
different judicial and
legislative settings
Week 2 Chapter 1 – What is An Pages 16-35 Be able to identify and
Animal? explain the way courts
Judicial and administrative interpret inclusion or
definitions, domestic vs. exclusion of animals in
companion vs. wild, coverage of statutes
statutory interpretations

Week 3 Chapter 2 – Property Pages 35-65 Identify similarities in

Comparing the path from treatment of animals and
property to protection for other living beings
humans, vs. animals classified as property

Week 4 Chapter 3 – Criminal Law 1 Pages 65-74; 80-96; Be able to identify

– historical perspectives 100-07 historical perspective of
animal cruelty and

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Class Date Topic
and affirmative cruelty and
failure to act
Week 5 Chapter 3 – Criminal Law 2
–hoarding, animals in
entertainment, other
issues
Week 6 Chapter 4 – Torts 1 (Causes Pages 171-86
of Action) – identifying the
claims
Week 7 Chapter 4 – Constitutional
Torts, Veterinary
Malpractice and Damages
Week 8 Chapter 4 – Damages
cont’d; Injuries Caused By
Animals – tort theories and
damages
Week 9 Chapter 5 – Standing
Week 10 Chapter 5 – Constitutional
issues – Due Process
(Breed Specific Legislation)
and Animal Cruelty vs. First
Amendment
Week 11 Chapter 6 – Commercial
Uses of Animals 1 – Farm
Animals
Week 12 Chapter 6 – Commercial
Uses of Animals 2
Slaughter
Reading
Assignment/Other Relevant Learning Outcome
Assignment
common problems in anti-
cruelty cases
Pages 111-22; 127-54 Identify modern day
treatment of specific
cruelty to animals
situations
Learn civil litigation
strategies with respect to
torts related to injuries to
animals.
Pages 186-93; 200-17 Identify issues with
respect to veterinary
malpractice and official
intervention
Pages 217-32; 254-62; Identify tort theories
262-75 available when animals
cause injuries
Pages 285-86; 289-330 Be able to evaluate
federal standing for
plaintiffs in cases seeking
to improve animal
welfare.
Pages 330-72 Identify issues related to
constitutional rights of
animal ownership,
religion, government
regulation
Pages 377-411 Identify major issues with
respect to agricultural use
of animals
Pages 418-33; Identify federal and state
theories with respect to
slaughter of animals for
Pages 443-73 food
3
 Reading
Class Date Topic Assignment/Other Relevant Learning Outcome
Assignment
Week 13 Chapter 6 – Research Pages 475-81; 497-501 Identify legal doctrines
governing research on
Chapter 7 – Pages 513-26; 539-56 animals, landlord-tenant
Landlord/Tenant and Pet issues, and pet custody
Custody

Week 14 Federal Statutes TBA Identify major federal

laws governing specific
species
Exam

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