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Animal Law Commons

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Lewis & Clark Law School

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Articles 301 - 330 of 412

Full-Text Articles in Animal Law

Origins Of Animal Law: Three Perspectives, Richard J. Katz, Michael C. Blumm, Holly Anne Gibbons Jan 2004

Origins Of Animal Law: Three Perspectives, Richard J. Katz, Michael C. Blumm, Holly Anne Gibbons

Animal Law Review

No abstract provided.


Front Matter Jan 2004

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 10, Issue 1.


On Redefining The Boundaries Of Animal Ownership: Burdens And Benefits Of Evidencing Animals' Personalities, Geordie Duckler Jan 2004

On Redefining The Boundaries Of Animal Ownership: Burdens And Benefits Of Evidencing Animals' Personalities, Geordie Duckler

Animal Law Review

Were animals as personalty appreciated in their fundamental distinctions from other personal properties, the law might be able to fashion a more sophisticated set of legal responsibilities for, and rewards of, such ownership. As evidence doctrines on character and propensity expand and contract to address boundaries for these concepts, a fuller potential for property law may be effectively promoted as a result.


The Day May Come: Legal Rights For Animals, Tom Regan Jan 2004

The Day May Come: Legal Rights For Animals, Tom Regan

Animal Law Review

This article examines the main arguments used for denying moral rights to nonhuman animals, the rights to life and bodily integrity in particular. Because these arguments are deficient, animals should not be denied legal rights on the basis of their presumed moral inferiority to humans.


Apes, Darwinian Continuity, And The Law, Roger S. Fouts Jan 2004

Apes, Darwinian Continuity, And The Law, Roger S. Fouts

Animal Law Review

This article proposes that the delusional worldview that “man” is outside and above the other “defective” organic beings in nature is completely without empirical scientific foundation. An alternative and harmonious way of being is presented that is derived from the acceptance of the biological reality of continuity.


False Advertising, Animals, And Ethical Consumption, Carter Dillard Jan 2004

False Advertising, Animals, And Ethical Consumption, Carter Dillard

Animal Law Review

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. This article investigates the ways that consumers can protect themselves from false advertising through the use of federal and state agencies, independant review, federal and state courts, and private attorneys general actions.


Integrating Animal Interests Into Our Legal System, David Favre Jan 2004

Integrating Animal Interests Into Our Legal System, David Favre

Animal Law Review

This article explores the obstacles to obtaining legal rights for animals both within the animal rights movement and within the broader political context. The author examines in which arena legal change might best be sought—the courts, the legislature, state governments, or the federal government. Finally, it makes a number of suggestions as to what type of laws would be the most successful in advancing the interests of animals.


Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon Jan 2004

Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon

Animal Law Review

The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.


Taxpayer Standing: A Step Toward Animal-Centric Litigation, Varu Chilakamarri Jan 2004

Taxpayer Standing: A Step Toward Animal-Centric Litigation, Varu Chilakamarri

Animal Law Review

This comment takes a novel approach in animal law jurisprudence by evaluating the taxpayer standing doctrine and how animal welfare proponents may utilize it. The doctrine can potentially be used for public interest litigation whenever a link can be found between a social harm and the use of public monies.


The Future Of Veterinary Malpractice Liability In The Care Of Companion Animals, Christopher Green Jan 2004

The Future Of Veterinary Malpractice Liability In The Care Of Companion Animals, Christopher Green

Animal Law Review

This comment investigates the factual bases of arguments from the veterinary community and of those that support increasing the malpractice liability of veterinarians. Combining law and economics theory with basic mathematics to evaluate the validity of these positions, it then suggests specific measures for legislatively addressing those parties’ concerns.


Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein Jan 2004

Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein

Animal Law Review

This comment examines breed specific legislation—the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.


2003 Legislative Review, Emilie Clermont Jan 2004

2003 Legislative Review, Emilie Clermont

Animal Law Review

No abstract provided.


Making The Change, One Conservative At A Time: A Review Of Dominion: The Power Of Man, The Suffering Of Animals, And The Call To Mercy By Michael Scully, Shennie Patel Jan 2003

Making The Change, One Conservative At A Time: A Review Of Dominion: The Power Of Man, The Suffering Of Animals, And The Call To Mercy By Michael Scully, Shennie Patel

Animal Law Review

No abstract provided.


The Historical And Contemporary Prosecution And Punishment Of Animals, Jen Girgen Jan 2003

The Historical And Contemporary Prosecution And Punishment Of Animals, Jen Girgen

Animal Law Review

This article analyzes the role of the animal “offender,” by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have ended (for the most part), we continue to punish animals for their “crimes” against human beings. She suggests that we do this primarily to achieve two ends: the restoration of order and the achievement of revenge, and concludes with a call for a renewed emphasis on “due process” for animals threatened with punishment for their offenses.


The Evolving Legal Status Of Chimpanzees Jan 2003

The Evolving Legal Status Of Chimpanzees

Animal Law Review

On September 30, 2002, Harvard Law School hosted a legal symposium sponsored by the Chimpanzee Collaboratory's Legal Committee. The symposium featured speakers with expertise on chimpanzees, as well as legal scholars and lawyers who discussed the possibility of obtaining legal rights for chimpanzees and other great apes. This symposium sought to advance the argument that chimpanzees are entitled to some degree of legal status, and the speakers presented a range of views about how far such legal rights should extend. These remarks reflect the connection between the growning scientific understanding of chimpanzees and the advances in related legal doctrines. This …


Restricting The Use Of Animal Traps In The United States: An Overview Of Laws And Strategy, Dena M. Jones, Sheila Hughes Rodriguez Jan 2003

Restricting The Use Of Animal Traps In The United States: An Overview Of Laws And Strategy, Dena M. Jones, Sheila Hughes Rodriguez

Animal Law Review

Enacting absolute bans on the use of trapping devices and on commerce in trapped animal products has been difficult. Nearly every state, however, has enacted some restrictions on who can trap, what animals can be trapped, where and when animals can be trapped, the type and size of permitted traps, and how often traps must be checked. This article summarizes past and potential approaches to curtail the use of traps in the U.S. at federal, state and local levels. The article also notes litigation related to trapping and trapping prohibitions.


2022 Legislative Review, Emilie Keturakis Jan 2003

2022 Legislative Review, Emilie Keturakis

Animal Law Review

No abstract provided.


Reaching For Justice: An Analysis Of Self-Help Prosecution For Animal Crimes, Jennifer H. Rackstraw Jan 2003

Reaching For Justice: An Analysis Of Self-Help Prosecution For Animal Crimes, Jennifer H. Rackstraw

Animal Law Review

Although prosecutorial discretion is a firmly entrenched legal doctrine in the United States, such unbridled discretion impedes the vigorous and consistent prosecution of animal crimes. With an overwhelming incidence of animal cruelty and neglect crimes perpetrated in the United States every year, documented cases should not be passed over for prosecution due to a lack of empathy on the part of the prosecutor, a misplaced understanding of the seriousness of animal cruelty crimes, or a dearth of resources. To ensure that animal crimes are more vigorously and consistently prosecuted, citizens should take advantage of existing mechanisms that allow for public …


Front Matter Jan 2003

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 9, Issue 1.


Hair Today, Gone Tomorrow: Equine Cosmetic Crimes And Other Tails Of Woe, Sandra Tozzini Jan 2003

Hair Today, Gone Tomorrow: Equine Cosmetic Crimes And Other Tails Of Woe, Sandra Tozzini

Animal Law Review

Many invasive procedures, including surgery, are performed on horses’ tails purely for cosmetic reasons. These procedures fall into a variety of categories from the arguably unethical to the undoubtedly criminal. Although criminal laws prohibiting certain cosmetic surgeries have been in existence for approximately one hundred years, they rarely have been enforced. This article reviews the current status of both American and international “anti-cosmetic” statutes, focusing on the constitutional problems that the current American statutes raise. The article proposes a model federal statute that is constitutionally sound, addresses all forms of cosmetic tail procedures, and provides a vehicle for enforcement.


A New Era In Humane Education: How Troubling Youth Trends And A Call For Character Education Are Breathing New Life Into Efforts To Educate Our Youth About The Value Of All Life, Lydia S. Antoncic Jan 2003

A New Era In Humane Education: How Troubling Youth Trends And A Call For Character Education Are Breathing New Life Into Efforts To Educate Our Youth About The Value Of All Life, Lydia S. Antoncic

Animal Law Review

The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. …


Valuing Companion Animals In Wrongful Death Cases: A Survey Of Current Court And Legislative Action And A Suggestion For Valuing Pecuniary Loss Of Companionship, Elaine T. Byszewski Jan 2003

Valuing Companion Animals In Wrongful Death Cases: A Survey Of Current Court And Legislative Action And A Suggestion For Valuing Pecuniary Loss Of Companionship, Elaine T. Byszewski

Animal Law Review

Because it is exceedingly difficult to measure the value of “companionship” in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward “investment approach” to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals.


In The Line Of Fire: Brown V. Muhlenberg Township And The Reality Of Police Seizures Of Companion Animals, Denee A. Diluigi Jan 2003

In The Line Of Fire: Brown V. Muhlenberg Township And The Reality Of Police Seizures Of Companion Animals, Denee A. Diluigi

Animal Law Review

Ms. DiLuigi addresses a companion animal owners’ rights under current law to bring and maintain an action for the unreasonable seizure of their companion animal by an officer as well as an action for the intentional infliction of emotional distress in light of the Third Circuit’s recent decision in Brown v. Muhlenberg Township. Applying various legal doctrines, Ms. DiLuigi also explores potential legal arguments for future litigation stemming from an officer’s execution of a companion animal.


A Review Of Minding Animals: Awareness, Emotions, And Heart By Dr. Mark Bekoff, Michael Tobias Jan 2003

A Review Of Minding Animals: Awareness, Emotions, And Heart By Dr. Mark Bekoff, Michael Tobias

Animal Law Review

No abstract provided.


Ten Years Of Animal Law At Lewis & Clark Law School, Nancy V. Perry Jan 2003

Ten Years Of Animal Law At Lewis & Clark Law School, Nancy V. Perry

Animal Law Review

This introduction is a summary and extension of remarks presented in the keynote address for the 10th Annual Animal Law Conference at Lewis & Clark Law School.


Enforcing Existing Rights, Cass R. Sunstein Jan 2002

Enforcing Existing Rights, Cass R. Sunstein

Animal Law Review

No abstract provided.


Political Ideology And The Legal Status Of Animals, Robert Garner Jan 2002

Political Ideology And The Legal Status Of Animals, Robert Garner

Animal Law Review

Mr. Garner challenges the traditional notion that significant improvements to animals’ well being cannot be achieved absent an abolition of their status as mere property. In so doing, Mr. Garner explores political factors affecting animal protection, including the current ideological climate and western notions of liberalism.


Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett Jan 2002

Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett

Animal Law Review

Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.


Animal Law And Animal Rights On The Move In Sweden, Helena Striwing Jan 2002

Animal Law And Animal Rights On The Move In Sweden, Helena Striwing

Animal Law Review

Ms. Striwing, an attorney at law in Sweden, provides a glimpse into Swedish laws and practices affecting animals in that country. She discusses the development and characteristics of such laws and offers suggestions regarding implementation and enforcement that may also be utilized by other countries in their quests to afford animals greater legal protections.


The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson Jan 2002

The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson

Animal Law Review

Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.