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Full-Text Articles in Law

Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre Mar 2004

Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre

ExpressO

This article seeks to explore a simple but profound question. How should our legal system deal with the claims of animals for protection against harms inflicted by humans? Rather than a comparative rights analysis as used by some writers, this article will use the non-comparative approach based upon an interest analysis. The short answer is that our legal system can and should do what it always has done, balance the interests of competing individuals in a public policy context, always seeking to strike an ethically appropriate balance. It will be shown that the legislative branch of our government presently promotes …


Valuation In Veterinary Malpractice, Rebecca J. Huss Jan 2004

Valuation In Veterinary Malpractice, Rebecca J. Huss

Rebecca J. Huss

This article begins with a description of veterinarians and the status of veterinary malpractice. Next, the article considers the elements and key issues involved in veterinary malpractice. The article then analyzes the current law relating to damages available in veterinary malpractice suits. Finally this paper considers whether the way current damage calculations are being made is apprpriate and advocates the the adoption of statutory provisions allowing capped non-economic damages in these cases.


Valuation In Veterinary Malpractice, Rebecca J. Huss Jan 2004

Valuation In Veterinary Malpractice, Rebecca J. Huss

Law Faculty Publications

This article begins with a description of veterinarians and the status of veterinary malpractice. Next, the article considers the elements and key issues involved in veterinary malpractice. The article then analyzes the current law relating to damages available in veterinary malpractice suits. Finally this paper considers whether the way current damage calculations are being made is apprpriate and advocates the the adoption of statutory provisions allowing capped non-economic damages in these cases.