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Animal Law Commons

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Articles 1 - 7 of 7

Full-Text Articles in Animal Law

The United States Of California: Ninth Circuit Tips The Dormant Commerce Clause Scales In Favor Of The Golden State's Animal Welfare Legislation, Tanner Hendershot Mar 2022

The United States Of California: Ninth Circuit Tips The Dormant Commerce Clause Scales In Favor Of The Golden State's Animal Welfare Legislation, Tanner Hendershot

Pepperdine Law Review

In November 2018, California voters overwhelmingly passed Proposition 12, the Prevention of Cruelty to Farm Animals Act. This law requires in-state and out-of-state farmers to provide additional living space for egg-laying hens, breeding pigs, and calves raised for veal by 2022 if the farmers wish to continue doing business within the state. In response, North American Meat Institute (NAMI), whose members account for approximately 95% of the country’s output of various meat products, filed a lawsuit in federal district court seeking a preliminary injunction against Proposition 12’s enforcement. NAMI contended Proposition 12 violated the Dormant Commerce Clause, a legal doctrine …


Federal Protection For "Fur-Babies": A Legislative Proposal, Rebecca Ferrari Jun 2020

Federal Protection For "Fur-Babies": A Legislative Proposal, Rebecca Ferrari

Pepperdine Law Review

Americans love their animals, but America doesn’t protect them. Across the country, animals continue to be classified as mere property, undeserving of any basic rights and unprotected by the animal welfare statutes that do exist, but often remain unenforced. This Article proposes a comprehensive animal protection system that includes the following components: (a) general prohibitions against animal crushing, cruelty, neglect, and abuse; (b) a civil action provision that will allow humane society officers to investigate violations of those prohibitions; (c) a provision establishing animal legal advocates to work alongside the officers and prosecute violations; and (d) an animal-suit provision to …


Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice May 2013

Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice

Pepperdine Law Review

Science is increasingly showing us that animals have many cognitive similarities with humans. In addition to calls for changes in our animal protection statutes, members of the legal community have begun debating over whether animals, or a certain category of animals, should be granted legal rights. This approach has the potential for drastic societal ramifications. David S. Favre has proposed a tort action for animals as a compromise to the animal rights debate. This Comment explores the different approaches to seeking improved conditions for animals, and proposes an adjusted tort cause of action in response to criticisms of Favre's tort.


Animal Law In California , William Mccarty Noall Jan 2013

Animal Law In California , William Mccarty Noall

Pepperdine Law Review

No abstract provided.


Antimony: The Use, Rights, And Regulation Of Laboratory Animals , Brenda L. Thomas Jan 2013

Antimony: The Use, Rights, And Regulation Of Laboratory Animals , Brenda L. Thomas

Pepperdine Law Review

No abstract provided.


Non-Economic Damages In Pet Litigation: The Serious Need To Preserve A Rational Rule, Victor E. Schwartz, Emily J. Laird Mar 2012

Non-Economic Damages In Pet Litigation: The Serious Need To Preserve A Rational Rule, Victor E. Schwartz, Emily J. Laird

Pepperdine Law Review

No abstract provided.


Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss Feb 2012

Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss

Pepperdine Law Review

This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.