Committee on Animals and the Law Annual Meeting Program (2011)

Ethical Considerations and Legal Determinations in the Practice of Animal Law

Program Description
This program will provide an unprecedented panel and analysis into the ethical considerations and legal determinations involved in the Practice of Animal Law. Panelists will include practitioners who will address the ethical issues that arise in the everyday practice of animal law, as well as viewpoints from both prosecution and defense in dealing with the ethical considerations surrounding animal cruelty cases, and the judicial perspectives on the ethical and legal aspects and issues in rendering decisions in animal related matters.

Program Topics

Introduction and Overview
  Moderator: Prof. Monroe H. Freedman 

Establishing Ethical Guidance in Animal Law—Over the past 20 years, animal-related legislation has experienced significant growth at the state, federal, and international levels. Consequently, litigation has increased, as have the unique ethical dilemmas that arise in the practice of animal law. While a state’s model rules of professional responsibility guide a lawyer’s ethical conduct, the rules may fall short or direct the lawyer to an unacceptable outcome in animal law cases. This presentation focuses on ethical issues that arise in animal law – from their property status to patenting to euthanasia – and what should be done to provide clearer ethical guidance to an increasing number of lawyers and law students in the field.
  Speaker: Yolanda Eisenstein 

Ethical Considerations in the Criminal Prosecution of Animal Cruelty Cases—This presentation focuses on ethical difficulties in the application of inflexible and sometimes inadequate criminal laws to situations which require “equitable” resolutions. It also will touch on various issues raised when handling a prosecution involving living evidence, including the effects on plea bargaining, and ethical concerns over public disclosure of information in animal cruelty cases.
  Speakers: Jed L. Painter/ Bernadette K. Ford 

Revisiting People v. Garcia—The People of the State of New York v. Michael Garcia, 3 Misc. 3d 699 (2004), 777 N.Y.S.2d 846 (N.Y. 2004), aff’d 29 A.D.3d 255 (1st Dept.), lv. denied, 7 N.Y.S.3d 789 (2006), commonly known among animal law practitioners as the “Goldfish” case, is well-known and precedent-setting. Judge Kahn leads an in-depth discussion of the litigation of the Garcia case, including the many legal issues raised in Garcia involving the areas of criminal law, constitutional law, and animal law. This rare legal examination of a history making case by the Judge who rendered the decision is not to be missed.
  Speaker: Hon. Marcy L. Kahn 

Understanding Brousseau v. Rosenthal—For the first time ever, Hon. Margaret Taylor gives a detailed analysis of her famous and highly cited case among animal law practitioners regarding the wrongful death of a companion animal in the case of Brousseau v. Rosenthal, 443 N.Y.S.2d 285 (N.Y. City Civ. Ct. 1980). Brousseau is one of only a handful of cases in New York to attempt to make a plaintiff whole by assessing the actual value of the companion animal to the owner, including damages for loss of companionship. This presentation is a must for any law practitioner to get an inside look at a forward-thinking decision on the value of animals to their human companions.
  Speaker: Hon. Margaret Taylor (retired) 

Legal and Practical Considerations of Changes in the Legal Status of Animals— This presentation examines the impact of recognizing emotional changes in calculating the remedy of loss of a pet, and changing the legal terminology describing the relationship between animals and people.
  Speaker: Adrian Hochstadt 

Committee Chair
• James F. Gesualdi, Esq., Islip, NY New York, NY

Education Subcommittee Chair
• Carol M. Tempesta, Esq., New York, NY

Education Subcommittee Vice Chairs
• Safia Gray Hussain, Esq., New York, NY

• Amy M. Eisenberg, Esq., Pearl River, NY

• Marcie B. Kaplan, Esq., New York, NY

Panelists
• Yolanda Eisenstein, Esq., Eisenstein Law Office, Dallas, TX

• Prof. Monroe H. Freedman (Moderator), Hofstra University, Hempstead, NY

• Bernadette K. Ford, J.D., Nassau County District Attorney’s Office Mineola, NY

• Jed L. Painter, M.P.A., J.D., Nassau County District Attorney’s Office Mineola, NY

• Hon. Marcy L. Kahn, New York County Supreme Court Justice, New York, NY

• Hon. Margaret Taylor (Retired), New York, NY

• Adrian Hochstadt, J.D., American Veterinary Medical Association, Schaumberg, IL

MCLE Credits
4.0 MCLE credits
4.0 in ethics