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Articles 1 - 18 of 18
Full-Text Articles in Law
Carte Blanche For Cruelty: The Non-Enforcement Of The Animal Welfare Act, Katharine M. Swanson
Carte Blanche For Cruelty: The Non-Enforcement Of The Animal Welfare Act, Katharine M. Swanson
University of Michigan Journal of Law Reform
This Note explores both the judicial and administrative underenforcement of the Animal Welfare Act in protecting the welfare of laboratory animals used for purposes of experimentation. Specifically, the Note suggests that judicial underenforcement is borne as a result of the difficulties of lodging a private cause of action under the Act or gaining standing under the alternative statutory scheme of the Administrative Procedure Act. It further suggests administrative underenforcement in describing the promulgated regulations of the Act as inadequate and the lack of self-policing mechanisms. Finally, the Note suggests some ways that enforcement can be made more effective in these …
Man's Best Friend: Property Or Family Member - An Examination Of The Legal Classification Of Companion Animals And Its Impact On Damages Recoverable For Their Wrongful Death Or Injury, William C. Root
Villanova Law Review
No abstract provided.
Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett
Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett
Animal Law Review
Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.
Animal Law And Animal Rights On The Move In Sweden, Helena Striwing
Animal Law And Animal Rights On The Move In Sweden, Helena Striwing
Animal Law Review
Ms. Striwing, an attorney at law in Sweden, provides a glimpse into Swedish laws and practices affecting animals in that country. She discusses the development and characteristics of such laws and offers suggestions regarding implementation and enforcement that may also be utilized by other countries in their quests to afford animals greater legal protections.
No Rule Of Thumb: The Conflict Of Digital Palpation Under The Horse Protection Act, Clark Case
No Rule Of Thumb: The Conflict Of Digital Palpation Under The Horse Protection Act, Clark Case
Kentucky Law Journal
No abstract provided.
Trusts: Monkeying Around With Our Pets' Futures: Why Oklahoma Should Adopt A Pet-Trust Statute, Christine Cave
Trusts: Monkeying Around With Our Pets' Futures: Why Oklahoma Should Adopt A Pet-Trust Statute, Christine Cave
Oklahoma Law Review
No abstract provided.
Front Matter
Animal Law Review
Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 8, Issue 1.
Enforcing Existing Rights, Cass R. Sunstein
Political Ideology And The Legal Status Of Animals, Robert Garner
Political Ideology And The Legal Status Of Animals, Robert Garner
Animal Law Review
Mr. Garner challenges the traditional notion that significant improvements to animals’ well being cannot be achieved absent an abolition of their status as mere property. In so doing, Mr. Garner explores political factors affecting animal protection, including the current ideological climate and western notions of liberalism.
Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl
Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl
Animal Law Review
Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry’s First Amendment right to free expression.
2001 Legislative Review, Laurie Fulkerson
The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson
The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson
Animal Law Review
Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.
The Economic Value Of Companion Animals: A Legal And Anthropological Argument For Special Valuation, Geordie Duckler
The Economic Value Of Companion Animals: A Legal And Anthropological Argument For Special Valuation, Geordie Duckler
Animal Law Review
Mr. Duckler delves into valuation issues that arise in the context of recovery of non-economic damages for death and injury to companion animals. He argues that the special nature of companion animals in society necessitates an assigned monetary worth to such animals that is distinct from and exceeds mere market value. As support for this contention, Mr. Duckler provides relevant legal, sociological, and anthropological analyses.
Could A Chimpanzee Or Bonobo Take The Stand?, Angela Campbell
Could A Chimpanzee Or Bonobo Take The Stand?, Angela Campbell
Animal Law Review
No abstract provided.
Seeing Red: Gibbs V. Babbitt, Edward A. Fitzgerald
Seeing Red: Gibbs V. Babbitt, Edward A. Fitzgerald
Villanova Environmental Law Journal
No abstract provided.
Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland
Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland
Animal Law Review
Ms. Ireland explores the methodologies, ethics, and dangers of canned hunting and offers ways to challenge the practice through existing and proposed state and federal statutes. In so doing, Ms. Ireland examines statutory law as it relates to exotic animals, the definition of “animal,” the anti-cruelty exemptions, and husbandry practices. Finally, the feasability of statutory enforcement by agencies is examined.
The Legal Status Of Nonhuman Animals
The Legal Status Of Nonhuman Animals
Animal Law Review
On September 25, 1999, a distinguished group of legal scholars met in New York City at the 5th Annual Conference on Animals and the Law, hosted by the Committee on Legal Issues Pertaining to Animals of the Association of the Bar of the City of New York, to discuss how the law classifies nonhuman animals and whether the current legal framework is in accord with scientific understanding, public attitudes, and fundamental principles of justice. This conference took a monumental step in facilitating discussion about, and furthering the cause of, the legal protection and welfare of nonhuman animals.
Comments are included …
Alsea Valley Alliance V. Evans And The Meaning Of "Species" Under The Endangered Species Act: A Return To Congressional Intent, Leslie Marshall Lewallen, Russell C. Brooks
Alsea Valley Alliance V. Evans And The Meaning Of "Species" Under The Endangered Species Act: A Return To Congressional Intent, Leslie Marshall Lewallen, Russell C. Brooks
Seattle University Law Review
This article examines whether the Alsea decision's definition of species is consistent with the Endangered Species Act by examining the language of the ESA and Congressional intent. This article then examines some of the implications of the Alsea decision in the Northwest. Counting hatchery salmon would likely result in the removal of most salmon ESUs from the endangered or threatened list, ending many of the costly restrictions imposed by the ESA. In particular, Part I discusses the ESA provisions and congressional intent regarding the definition of species that is pertinent to understanding Alsea. Part II describes some of the …