Animal Law Commons^™

Michael Vick, Robert Byrd, And The Case For Redemption, Vinay Harpalani

Faculty Scholarship

At the 2020 Pro Bowl, former NFL quarterback Michael Vick will be honored as one of the legends captains. Vick’s selection has sparked controversy, because in 2007, he was convicted of operating a dog fighting ring. Vick has served his prison sentence, and beyond that, he has sought redemption. We should extend forgiveness and let the NFL honor Michael Vick.

Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff

Faculty Scholarship

The Trump Administration recently changed Endangered Species Act regulations affecting how species are removed from endangered status and streamlining permits for the oil and gas and ranching industries. Environmentalists say the rules weaken protections. How could the new rules change industry and conservation in New Mexico?

Law's Halo And The Moral Machine, Bert I. Huang

Faculty Scholarship

How will we assess the morality of decisions made by artificial intelli­gence – and will our judgments be swayed by what the law says? Focusing on a moral dilemma in which a driverless car chooses to sacrifice its passenger to save more people, this study offers evidence that our moral intuitions can be influenced by the presence of the law.

Veterinary Lien Laws: Hypocrisy In A Healing Profession, Mark I. Weinstein

Faculty Scholarship

This Article discusses the problem of veterinary lien laws that treat companion animals as inanimate objects, in a modern society that often views pets as members of the family. Historically, pets, like automobiles, were subject to possessory liens. If an automobile owner couldn't pay the repair bill, the mechanic could keep possession of the car or sell the car to recoup costs. Veterinary lien laws treat companion animals in a similar fashion. If the owner cannot not pay the veterinary bill in full, the veterinarian is often permitted to keep possession of the companion animal until the bill is paid. …

Recovery Of “Intrinsic Value” Damages In Case Of Negligently Killed Pet Dog, William A. Reppy Jr., Calley Gerber

Faculty Scholarship

The North Carolina Court of Appeals, in a case where negligent killing of a pet dog with no market value was admitted, has denied recovery of “intrinsic” damages (also called “actual” damages). Shera v. NC State University Veterinary Teaching Hospital, 723 S.E.2d 352 (N.C. App. 2012). Because the holding is narrow and the type of damages denied are not the same as emotional damages, a close look at the decision is warranted.

What Is The Scope Of The Duty To Provide Veterinary Care?, Susan J. Hankin

Faculty Scholarship

State criminal laws prohibiting cruelty to animals -- which includes both abuse and neglect -- have provided the primary means through which our legal system has protected animals. In some states, including Maryland, Virginia, and the District of Columbia, these laws include explicit provisions that require owners to provide their animals with veterinary care. In other jurisdictions, such a duty has been implied from more general anti-cruelty language. None of these laws, however, make clear what level of care is required. They also leave unanswered the question of whether the treatment choices of owners who do seek care for an …

With A Little Help From My Friends: The Attorney's Role In Assisting Pro Se Litigants In Negotiations, Lynn A. Epstein

Faculty Scholarship

In these difficult economic times, more litigants are attempting to handle their lawsuits without hiring attorneys. Even without seeking formal representation, these pro se litigants may want some assistance from attorneys. This advice seeking may be especially prevalent in the area ofnegotiation where no formalized procedures are in place but where the consequences of an inadequate settlement are disastrous for the self-represented Attorneys may want to assist pro se litigants in their negotiations but feel reluctant to do soforfear of triggering an attorney-client relationship and its accompanying malpractice exposure. Attorneys who are reluctant to give informal advice to pro se …

The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson

Faculty Scholarship

No abstract provided.

Making Decisions About Our Animals' Health Care: Does It Matter Whether We Are Owners Or Guardians?, Susan J. Hankin

Faculty Scholarship

A great deal of opposition has been mounted against legislation that changes the language describing the relationship between people and their animals from “owner” to “guardian.” One of the primary arguments focuses on the claim that pet “guardians” might be faced with more limited health care choices for their pets. Behind these arguments is the premise that no one should interfere with an owner’s authority to make decisions for her animal’s health care. However, state and local laws that change the designation from pet “owner” to “guardian” will not, as opponents have argued, affect in any way our ability to …

Note To Athletes, Nfl, And Nba: Dog Fighting Is A Crime, Not A Sport, Phyllis G. Coleman

Faculty Scholarship

Americans were finally forced to face the issue of animal abuse and professional athletes when investigators discovered 66 pit bulls, in addition to dog fighting equipment, at a home owned by "pro football's most electrifying quarterback." Although Michael Vick insisted he did not live in the house, and initially denied knowledge of any such activity on his Virginia property, stories of his involvement continued to swirl around the Atlanta Falcons' franchise player. On July 17, 2007, Vick and three others were indicted by a federal grand jury for competitive dog fighting, procuring and training pit bulls for fighting, and conducting …

Do State Anti-Cruelty Laws Apply To Animals Used In Scientific Research?, William A. Reppy Jr.

Faculty Scholarship

Animals & Bioengineering - A Consideration of Law, Ethics and Science Conference (November 9, 2007)

Not A Living Room Sofa: Changing The Legal Status Of Companion Animals, Susan J. Hankin

Faculty Scholarship

Although the law has traditionally treated non-human animals as property, public attitudes and many of our current laws already are beginning to reflect many ways in which animals, and especially companion animals, are fundamentally different from inanimate property. Despite these trends, the differences between animals and inanimate property need to be more clearly reflected in our laws, because there are still too many cases where the results under current laws are inconsistent with this understanding of companion animals.

This article proposes the legislative creation of a new status that formally recognizes companion animals as a distinct legal category: “companion animal …

Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

The Complex Links Between Governance And Biodiversity, C. Barrett, C. Gibson, B. Hoffman, Mathew D. Mccubbins

Faculty Scholarship

We argue that two problems weaken the claims of those who link corruption and the exploitation of natural resources. The first is conceptual. Studies that use national level indicators of corruption fail to note that corruption comes in many forms, at multiple levels, and may or may not affect resource use. Without a clear causal model of the mechanism by which corruption affects resources, one should treat with caution any estimated relationship between corruption and the state of natural resources. The second problem is methodological: Simple models linking corruption measures and natural resource use typically do not account for other …

Searching For A Sense Of Control: The Challenge Presented By Community Conflicts Over Concentrated Animal Feeding Operations, Nancy A. Welsh, Barbara Gray

Faculty Scholarship

The growth in the number of concentrated animal feeding operations ("CAFOs"), particularly those involved in swine production, has brought with it increased community concern and outright conflict in many communities across the United States.' Most commentators have focused upon anticipated outcomes to explain the contentiousness of CAFO-related disputes.2 Meanwhile, even though the social dynamics that contribute to the development and escalation of conflicts over CAFOs parallel those exhibited in other kinds of community conflicts, little research has systematically examined the social dynamics associated with CAFO conflicts. One exception to this deficiency is recent work conducted by a team of researchers …

The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt

Faculty Scholarship

When people hold religious views that have implications for moral choices and for the desirable uses of law, may they properly rely on those religious views in our liberal democracy? The commonly expressed ideas that church and state are separate and that no group should impose its religious views on others may seem to suggest that political dialogue and bases for political decisions should be wholly nonreligious. This position, which is the main target of this Article, receives articulate defense among prominent social philosophers. This Article urges a different position: that no commonly shared ground of decision is available for …

Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe

Faculty Scholarship

Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.