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Full-Text Articles in Animal Law

Animal Law, Cleveland-Marshall College Of Law Library Jan 2014

Animal Law, Cleveland-Marshall College Of Law Library

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What Is Animal Law?, Jerrold Tannenbaum Jan 2013

What Is Animal Law?, Jerrold Tannenbaum

Cleveland State Law Review

This Article considers a critically important issue facing the new field of animal law: how to define animal law itself. Two sharply different general approaches to defining the area currently vie for support. One defines animal law as committed to advocacy on behalf of animals, including, for many proponents of this approach, promotion of animal rights. The competing approach defines animal law in a purely descriptive manner, as (roughly) the area of law that relates to animals, whatever substantive principles regarding animals the law may adopt. The Article demonstrates that advocacy-oriented definitions violate fundamental standards of definition and conflict with ...


The Market Value Rule Of Damages And The Death Of Irreparable Injury, Patrick Luff Jan 2011

The Market Value Rule Of Damages And The Death Of Irreparable Injury, Patrick Luff

Cleveland State Law Review

A fundamental principle of remedies is that the remedy should be sufficient to place the injured party in the position he would have occupied but for the wrong suffered. But law and equity come to very different conclusions about what remedy is sufficient to restore a plaintiff to his status quo ante when real property, rare property, and property with high sentimental but low market value are involved. Equity treats the loss of these items as irreparable injury, meaning that damages are not adequate to compensate the victim for their loss. But if the real property is seized in eminent ...


No Cracks In The Wall: The Standing Barrier And The Need For Restructuring Animal Protection Laws, Kristen Stuber Snyder Jan 2009

No Cracks In The Wall: The Standing Barrier And The Need For Restructuring Animal Protection Laws, Kristen Stuber Snyder

Cleveland State Law Review

American society's perception of animals has come a long way since the country was founded over 200 years ago. However, the court system has been slow to evolve along with these views, and the standing requirement maintains a barrier for those wishing to enforce protection through litigation. While protective legislation currently exists, it does not provide the necessary means of enforcement to accomplish its objectives. Thus, the enactment of new legislation is necessary to ensure animals in this country exist under decent and humane conditions.


Catching The Unique Rabbit: Why Pets Should Be Reclassified As Inimitable Property Under The Law, Kelly Wilson Jan 2008

Catching The Unique Rabbit: Why Pets Should Be Reclassified As Inimitable Property Under The Law, Kelly Wilson

Cleveland State Law Review

This Note introduces a new approach for resolving the issue of inadequate compensation for pet loss by arguing for the adoption of a new classification of personal property called inimitable property. The new categorization takes into consideration the live, conscious, and unique qualities of pets that distinguish them from other sorts of inanimate property.


Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale Jan 1989

Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale

Cleveland State Law Review

This article discusses Ohio’s vicious dog statute, ORC 955.11, signed into law in July 1987. Section II provides background information on pit bulls and their general reputation in society. Section III explains how dogs and dog ownership were regulated under the old law, and then Section IV delves into how the new law operates to regulate dogs. Section V moves into issues of Constitutionality, and Sections VI and VII discuss alternative options and proposes changes to the new law.


Malpractice By Veterinarians, Martin J. Strobel Jan 1966

Malpractice By Veterinarians, Martin J. Strobel

Cleveland State Law Review

The veterinarian's liability is measured by the same basic standards applicable to physicians and surgeons. In both fields the technical nature of the malpractice action creates special problems. To determine the issue of liability the jury must identify both the historical facts and the standard of care. Attempting to resolve issues of medical fact may be difficult for a lay jury; such resolution demanding as it does, not merely an appraisal of the witnesses' demeanor and character, but an evaluation of their stories in the context of the situation giving rise to the cause of action.