Law Commons^™

Incorporating Animal Law Into Private Practice, Holly Anne Gibbons

Animal Law Review

No abstract provided.

The Nature And Effects Of Constitutional State Objectives: Assessing The German Basic Law's Animal Protection Clause, Claudia E. Haupt

Animal Law Review

In 2002, an animal protection clause was added to Article 20a of the German Constitution. Designed as a state objective, the nature of the animal protection clause decidedly influences its application. As a state objective, it is directed at all three branches of government, and each branch must ensure within its sphere of competence the realization of the stated goal. The Federal Constitutional Court has yet to address the precise scope of the provision.

This Article examines the likely future effects of the animal protection clause. With respect to the legislative branch, this Article addresses the question of whether the …

Front Matter

Animal Law Review

No abstract provided.

Oceans In The Balance: As The Sharks Go, So Go We, Paula Walker

Animal Law Review

Shark finning is amongst the most wasteful and cruel exploitation of animals currently practiced in the world today. The decimation of shark populations threatens the fragile balance of the oceans’ ecosystems and ultimately threatens the human population as well. This Article addresses the economic and cultural reasons for the continued practice and demand for shark finning. Many protections for sharks have been attempted, but nearly all fail due to inadequate restrictions and enforcement. Various international treaties and conventions have to some degree addressed the issue, including the Convention on International Trade in Endangered Species and the Convention on Migratory Species, …

Legal Personhood And The Nonhuman Rights Project, Steven A. Wise

Animal Law Review

No abstract provided.

2009 Legislative Review, Jennifer O'Brien, Randall Szabo

Animal Law Review

No abstract provided.

Noneconomic Damage Awards In Veterinary Malpractice: Using The Human Medical Experience As A Model To Predict The Effect Of Noneconomic Damage Awards On The Practice Of Companion Animal Veterinary Medicine, Steve Barghusen

Animal Law Review

Many scholars have argued for and against the recovery of noneconomic damages in cases of veterinary malpractice involving companion animals. However, scholarship has not focused on the results that allowing noneconomic damages may have on the structure of companion animal veterinary practices. This Article uses the human medical field as a predictive model to explore the potential effects of granting noneconomic damages in veterinary malpractice cases. The author argues that awarding damages substantial enough to encourage increased litigation will result in significant changes in the field of veterinary medicine. Allowing for recovery of noneconomic damages will make veterinary care more …

Companion Animal, Sebastien Gay

Animal Law Review

This Article presents a theory of the economic value of companion animal life. Under the existing United States torts regime, the standard damages award available to an owner for an action arising from a companion animal death is its fair market value. This approach implicitly assumes that pet owners are irrational, given that they generally invest more in their pets than the animal’s fair market value. This Article suggests that, based on an economic model that conceptualizes companion animals as an employee-investment hybrid, the value of a companion animal is higher than its fair market value. This model has implications …

Should They Go The Way Of The Horse And Buggy? How The New York City Horse-Drawn Carriage Industry Has Survived Thirty Years Of Opposition, Katherine Hutchison

Animal Law Review

This Comment reviews the history of the horse-drawn carriage industry in New York City and details legislative efforts to regulate the business. Many cities in the United States feature horse-drawn carriages as a tourist attraction, but they are most associated with New York. The long-standing controversy over the working and living conditions of the horses that pull the cabs has garnered less national attention than other animal welfare issues, despite the fatalities and injuries suffered by the equines on traffic-choked Manhattan streets. Supporters of the industry defend it as an important contributor to the local economy, an iconic symbol of …

Front Matter

Animal Law Review

Front Matter includes title page, advisors, and table of contents for Animal Law Review Volume 16, Issue 1.

The Regulation Of Kosher Slaughter In The United States: How To Supplement Religious Law So As To Ensure The Humane Treatment Of Animals, Melissa Lewis

Animal Law Review

It is often argued that one of the most humane methods of killing an animal is through the performance of kosher slaughter. Indeed, the Humane Methods of Livestock Slaughter Act (HMLSA) of 1978 goes so far as to define kosher slaughter, and handling in connection with such slaughter, as humane, and consequently fails to provide any regulation over this method of killing. It is thus concerning that a number of kosher slaughterhouses have, in recent years, been discovered to be using blatantly inhumane practices, which the relevant religious authorities have insisted are completely kosher.

This Article examines the Jewish law …

Teaching Posthumanist Ethics In Law School: The Race, Culture, And Gender Dimensions Of Student Resistance, Maneesha Deckha

Animal Law Review

This Essay challenges laws’ hegemonic humanist boundaries by analyzing the challenges involved in mainstreaming posthumanist subjects into the legal curricula. Posthumanist subjects in legal education are perceived as marginal and unworthy of serious discussion and scholarship. The author identifies the problems that can arise in introducing posthumanist critical content through her experience of teaching animal law as an optional course and as a part of a compulsory first-year course on property law and in advising on an upper-year student-led conference. She argues that the biases related to gendered, racialized, and otherwise differentiated norms inherited by the legal education system as …

Habitat-Based Conservation Legislation: A New Direction For Sea Turtle Conservation, Tara Zuardo

Animal Law Review

This Comment explores various agreements designed to protect sea turtles at international and local levels as migratory species. Traditional approaches have been unsuccessful at addressing the myriad threats that face sea turtles. The effectiveness of international agreements could be greatly increased through government enforcement of national and local laws that protect species and through increased cooperation and coordination. This Comment concludes that regional legislation in the European Community mandating habitat protection for listed species and local involvement in sea turtle protection offers direction for future agreements seeking to protect sea turtles.

Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism, Kevin R. Grubbs

Animal Law Review

Much debate has surfaced surrounding so-called “eco-terrorism.” Some commentators argue that such activity is not and should not be called terrorism. This Comment analyzes these extremist activities through the lens of federal terrorism laws and argues that, while these activists’ goals are laudable, their methods are often terroristic. Consequently, those activities that go too far are-and should be-classified as terrorism.

Liberating Animal Law: Breaking Free From Human-Use Typologies, Jessica Eisen

Animal Law Review

Animal protection laws have traditionally categorized animals according to the manner in which humans use them. Animals have been categorized as companion animals, animals used in medical testing, animals raised for slaughter, and wildlife, and the protection afforded to animals has been ostensibly commensurate to their use categorization.

This Article focuses on two alternative strategies that provide legal protection for animals without relying on human use as their primary mode of categorization. First, the Article looks at protecting animals as a single category, in particular through the use of constitutional provisions. The Article then looks at a species-based model that …

Live Free Or Die: On Their Own Terms: Bringing Animal-Rights Philosophy Down To Earth By Lee Hall, Joel Marks

Animal Law Review

This book review examines Lee Hall’s new book, which presents an innovative animal rights theory: wild animals, due to their autonomous nature, are endowed with rights, but domesticated animals lack rights because they are not autonomous. With that theory in mind, Hall outlines ideas about how humans are obligated to treat both wild and domestic animals. Hall first argues that the rights of wild animals require that humans let them alone. Yet, despite the fact that domestic animals lack rights under Hall’s theory, Hall argues that humans are required to care for them because it is humans who brought them …