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Full-Text Articles in Law
Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff
Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff
Animal Law Review
In 1999, New Zealand took an ambitious step to update its animal welfare legislation. The new law included a limited provision to protect Great Apes from scientific experimentation that was heralded internationally as a huge step forward for animals. The Author suggests, however, that New Zealand’s other animals have not fared nearly as well under the new law, and that the notion of New Zealand as the “animal friendly” nation implied by its treatment of primates is more about perception than reality. This article explores the New Zealand experience, and suggests lessons that can be drawn from the modernization of …
Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.
Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.
Animal Law Review
North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.
Can The Injured Pet Owner Look To Liability Insurance For Satisfaction Of A Judgment? The Coverage Implications Of Damages For The Injury Or Death Of A Companion Animal, Mark Sadler
Animal Law Review
Much has been written in recent years regarding the important role pets play in our society and the legal consequences that have developed from that relationship. Both our courts and legislatures have recognized, in certain circumstances, the ability of a pet owner to recover from a wrongdoer in the event of negligent or intentional conduct that results in the death or injury of a companion animal. However, securing a damages award and recovering on a judgment secured may present the aggrieved pet owner with two entirely different challenges. Liability insurance coverage is critical to the latter concern. This paper provides …
A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore
A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore
Animal Law Review
No abstract provided.
Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood
Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood
Animal Law Review
Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarder, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports.
Maximizing Scientific Integrity In Environmental Regulations: The Need For Congress To Provide Guidance When Scientific Methods Are Inadequate Or When Data Is Inconclusive, Mariyetta Meyers
Animal Law Review
A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. The courts’ review of the agency decisions based on such science largely depends on the various ways in which the “best science available” directive is written in the particular statute. That is, the more specific the congressional mandate, the less latitude the agency has in implementing congressional will; the broader the statutory language, the more breathing space the …
Looking For A Nexus Between Trust, Compassion, And Regulation: Colorado's Search For Standards Of Care For Private, Non-Profit Wildlife Sanctuaries, Katherine A. Burke
Looking For A Nexus Between Trust, Compassion, And Regulation: Colorado's Search For Standards Of Care For Private, Non-Profit Wildlife Sanctuaries, Katherine A. Burke
Animal Law Review
In 2004, the Colorado legislature amended its wildlife statutes, formally recognizing the existence of private, nonprofit wildlife sanctuaries under the jurisdiction of the Colorado Division of Wildlife (CDOW). Opponents to the 2004 amendments and CDOW staff have repeatedly expressed concerns that private sanctuaries should not be authorized in the absence of regulations and enforcement mechanisms sufficient to protect the animals and the people who come into contact with them. In implementing the sanctuary statute, CDOW has followed a familiar pattern, relying on the accreditation program of the American Association of Zoological Parks and Aquariums (AZA) to provide the basis of …
Law And Public Policy: Future Directions For The Animal Protection Movement, Wayne Pacelle
Law And Public Policy: Future Directions For The Animal Protection Movement, Wayne Pacelle
Animal Law Review
No abstract provided.
No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss
No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss
Animal Law Review
Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.
State Animal Protection Laws -- The Next Generation, Stephan K. Otto
State Animal Protection Laws -- The Next Generation, Stephan K. Otto
Animal Law Review
A vast increase in animal protection laws during the past decade has changed the legal landscape of animal law. The current generation of such laws includes more inventive and effective provisions, but more could be done. This article reviews the current laws of states across the country and proposes a number of specific provisions that would improve the force and effect of animal protection legislation. The Author’s goal is to identify pragmatic ways in which to make animals the most statutorily protected type of property in our country.
International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash
International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash
Animal Law Review
The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving …
Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma
Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma
Animal Law Review
The People’s Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China’s legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.
Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore
Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore
Animal Law Review
The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.
2004 Legislative Review, Joshua D. Hodes
Front Matter
Animal Law Review
Front Matter includes Title Page, Masthead, Table of Contents, and advisors for Animal Law Review Vol. 12, Issue 1.
Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman
Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman
Animal Law Review
Although all states outlaw cruelty to companion animals, most jurisdictions only prohibit causing unnecessary suffering as well as failure to provide food, water, and shelter. They do not address whether owners must obtain veterinary care. Even the few statutes that mention such treatment do not define exactly what kind and how much is required. This article highlights the deficiencies in these laws. It argues that keeping pets creates an obligation to get them medical treatment when they are sick or injured and also explains why such a duty is necessary. In addition, it proposes uniform legislation that creates an explicit …
Reparations As A Basis For The Makah's Right To Whale, Russell C. D'Costa
Reparations As A Basis For The Makah's Right To Whale, Russell C. D'Costa
Animal Law Review
The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United States government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts by the federal government to compensate Native Americans for past wrongs. Next, an examination of the history and culture of the Makah tribe provides a greater understanding of the significance of whaling to the Makah. The essay then expounds on why permitting …
Animal Welfare: Its Place In Legislation, Christopher Shays
Animal Welfare: Its Place In Legislation, Christopher Shays
Animal Law Review
No abstract provided.