Open Access. Powered by Scholars. Published by Universities.®

Animal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

969 Full-Text Articles 866 Authors 384,303 Downloads 99 Institutions

All Articles in Animal Law

Faceted Search

969 full-text articles. Page 23 of 23.

Protecting Cats And Dogs In Order To Protect Humans: Making The Case For A Felony Companion Animal Statute In Mississippi, Deborah Challener 2010 Mississippi College School of Law

Protecting Cats And Dogs In Order To Protect Humans: Making The Case For A Felony Companion Animal Statute In Mississippi, Deborah Challener

Journal Articles

During the 2010 session of the Mississippi legislature, Senator Billy Hewes (R-Gulfport) introduced Senate Bill No. 2623 which, inter alia, made it a felony to "with malice torture, mutilate, maim, burn, starve, disfigure or kill any domesticated dog or cat." The penalty for a conviction under the proposed companion animal statute was one to five years in prison and a fine of $1500 to $10,000. Senate Bill No. 2623 passed the Senate but failed in the House, largely because the Mississippi Farm Bureau Federation argued that it would be harmful to Mississippi's farming industry. This objection, along with ...


A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale D. Goble 2010 University of Idaho, College of Law

A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale D. Goble

Articles

No abstract provided.


The Consequence Of Human Differences, Jospeh Vining 2010 University of Michigan Law School

The Consequence Of Human Differences, Jospeh Vining

Articles

This essay explores the ways in which the recognition of individual and person in the legal form of thought distinguishes it from forms of thought in evolutionary biology and mathematics that are put forward as means to a complete picture of the world. The essay observes that the legal form of thought is in fact deeply involved in our modern understanding of Nature itself.


Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel 2010 Golden Gate University School of Law

Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel

Publications

In Simpson v. City of Los Angeles, resident taxpayers who owned licensed dogs who had recently gone astray sought to restrain the enforcement of a city ordinance. Los Angeles Municipal Code section 53.11 (h) allowed the city to surrender for medical research dogs that had been impounded for a period of at least five days. Subsection (h) of the ordinance did not contain any provision for notice to the owner of the impounded dog. As a result, plaintiffs contended that the ordinance was invalid because it constituted an unlawful taking of private property.


The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman 2010 Indiana University Maurer School of Law

The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman

Articles by Maurer Faculty

Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of ...


Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima 2010 University of Texas at El Paso

Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima

Great Plains Quarterly

In North America, building fences was an essential part of life for the English settlers from the beginning. Departing from the English common law rule that required owners to fence in their cattle, nearly all the colonial legislatures and courts imposed upon landowners a duty to fence their property against trespassing cattle.l The reasons were partly to increase the meager supply of livestock by permitting cattle to wander about in order to breed faster and partly to make full use of the vast virgin forest and grassland. Gradually, however, in New England and in much of New York and ...


Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass 2010 St. Thomas University School of Law

Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass

West Virginia Law Review

No abstract provided.


Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder 2009 Embry Riddle Aeronautical University - Daytona Beach

Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss 2009 Selected Works

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

Rebecca J. Huss

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.Note from Author: After the publication of this article, in July 2010, final regulations for the ADA were released. These final regulations can be found at 75 Fed. Reg. 56164 (Sept. 15, 2010) (applying to state ...


Procreation, Harm, And The Constitution, Carter Dillard 2009 Emory University

Procreation, Harm, And The Constitution, Carter Dillard

Carter Dillard

This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances? Second, can the state justify a legal prohibition on procreation in those circumstances using that moral reasoning, so that the law would likely be constitutional?

These questions are not new, but my answers to them are and add to the existing literature in several ways. First, I offer a possible resolution to a recent debate among legal scholars regarding what ...


Airport Wildlife Hazard Control, Paul F. Eschenfelder 2009 Embry Riddle Aeronautical University - Daytona Beach

Airport Wildlife Hazard Control, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell 2009 University of Oregon

What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell

Caroline A Forell

In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on ...


Digital Commons powered by bepress