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Articles 1 - 6 of 6
Full-Text Articles in Law
Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre
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 …
Invasion Of The Clones: Animal Cloning And The Potential Implications On The Future Of Human Cloning And Cloning Legislation In The United States, The United Kingdom, And Internationally, Adrienne N. Calhoun
Invasion Of The Clones: Animal Cloning And The Potential Implications On The Future Of Human Cloning And Cloning Legislation In The United States, The United Kingdom, And Internationally, Adrienne N. Calhoun
ExpressO
Cloning is an area of science that changes daily; with advances being made constantly. This technology has caused great controversy in the United States and across the world. The issue has raised religious, ethical, technical and legal concerns. This paper is broken into four parts in order to best address the complex area of cloning technology. Part one will be a review of the history of the science of cloning and the history of animal cloning. Part two will be a discussion of the risks and benefits of cloning. Part three will address ethical and religious concerns surrounding human cloning. …
Animals--Property Or Persons?, Gary L. Francione
Animals--Property Or Persons?, Gary L. Francione
Rutgers Law School (Newark) Faculty Papers
When it comes to our moral and legal obligations to nonhuman animals, we suffer from “moral schizophrenia.” We claim to recognize that animals have morally significant interests in not suffering and that it is morally wrong to inflict “unnecessary” suffering on animals. Although we have laws that purport to reflect these moral sentiments, the overwhelming portion of the pain, suffering, and death that we impose on animals cannot be regarded as necessary in any sense. Our moral schizophrenia is related to the status of animals as property, which means that, as a practical matter, animal suffering will be regarded as …
False Advertising, Animals, And Ethical Consumption, Carter Dillard
False Advertising, Animals, And Ethical Consumption, Carter Dillard
Carter Dillard
In light of the fact that today's consumers often want their products to be created in the most environmentally, globally, and animal friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. False advertising law represents a rare, albeit roundabout, legal opening for animal advocates to deal with issues of animal mistreatment, regardless of legislative and executive branch disregard of the importance of animal protection. Whether there is a beneficial change in the law or not, current opportunities in the market for these cases should be sought …
Valuation In Veterinary Malpractice, Rebecca J. Huss
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
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.