Animal Law Commons^™

Noneconomic Damage Awards In Veterinary Malpractice: Using The Human Medical Experience As A Model To Predict The Effect Of Noneconomic Damage Awards On The Practice Of Companion Animal Veterinary Medicine, Steve Barghusen

Animal Law Review

Many scholars have argued for and against the recovery of noneconomic damages in cases of veterinary malpractice involving companion animals. However, scholarship has not focused on the results that allowing noneconomic damages may have on the structure of companion animal veterinary practices. This Article uses the human medical field as a predictive model to explore the potential effects of granting noneconomic damages in veterinary malpractice cases. The author argues that awarding damages substantial enough to encourage increased litigation will result in significant changes in the field of veterinary medicine. Allowing for recovery of noneconomic damages will make veterinary care more …

Liberating Animal Law: Breaking Free From Human-Use Typologies, Jessica Eisen

Animal Law Review

Animal protection laws have traditionally categorized animals according to the manner in which humans use them. Animals have been categorized as companion animals, animals used in medical testing, animals raised for slaughter, and wildlife, and the protection afforded to animals has been ostensibly commensurate to their use categorization.

This Article focuses on two alternative strategies that provide legal protection for animals without relying on human use as their primary mode of categorization. First, the Article looks at protecting animals as a single category, in particular through the use of constitutional provisions. The Article then looks at a species-based model that …

Should They Go The Way Of The Horse And Buggy? How The New York City Horse-Drawn Carriage Industry Has Survived Thirty Years Of Opposition, Katherine Hutchison

Animal Law Review

This Comment reviews the history of the horse-drawn carriage industry in New York City and details legislative efforts to regulate the business. Many cities in the United States feature horse-drawn carriages as a tourist attraction, but they are most associated with New York. The long-standing controversy over the working and living conditions of the horses that pull the cabs has garnered less national attention than other animal welfare issues, despite the fatalities and injuries suffered by the equines on traffic-choked Manhattan streets. Supporters of the industry defend it as an important contributor to the local economy, an iconic symbol of …

Legal Personhood And The Nonhuman Rights Project, Steven A. Wise

Animal Law Review

No abstract provided.

Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate

Journal Publications

or several decades, and in a variety of contexts, national security and environmental protection interests have clashed. Balancing these competing concerns is a challenging task. However, in the wake of the tragic events of September 11, 2001, the U.S. government “drastically changed its approach to how it handled important environmental concerns in relation to national
defense issues."

The most common manifestation of the tensions between national security and environmental protection objectives is the Navy’s use of sonar in U.S. waters. The oceans that surround the United States on both coasts provide the U.S. Navy with an indispensable buffer zone in …

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

Law Faculty Publications

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 …

Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Abuse Under The Big Top: Seeking Legal Protection For Circus Elephants After Aspca V. Ringling Brothers, Emily A. Beverage

Vanderbilt Journal of Entertainment & Technology Law

The Asian elephants featured in the Ringling Brothers and Barnum & Bailey Circus are theoretically guaranteed humane treatment by the Animal Welfare Act, which ostensibly protects animals in exhibition, and by the Endangered Species Act, which covers the treatment of animals designated endangered species, including Asian elephants. Nevertheless, circus elephants have suffered extensive abuse because the agencies responsible for implementing the laws--the United States Departments of Agriculture and the Interior, respectively--have not done so aggressively, and because animal advocates have been unable to compel their enforcement or to establish standing to sue private parties. In 2000, animal welfare organizations, including …

All Dogs Go To Heaven... Or Divorce Court: New Jersey Unleashes A Subjective Value Consideration To Resolve Pet Custody Litigation In Houseman V. Dare, Eric Kotloff

Villanova Law Review (1956 - )

No abstract provided.

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.