Animal Law Commons^™

Human Identity: The Question Presented By Human-Animal Hybridization, Jospeh Vining

Other Publications

What makes each of us, as individuals, human to one another, or, more generally, what makes an individual creature human? We have not often had to ask the question because of the species line based on reproductive capacity and incapacity, although "degrees of humanness" were explored in the various eugenic programs of the last century. Now the biotechnological possibility of fusing human and other forms of life is presenting the question in a new and serious way. If the traditional biological means of defining species are no longer reliable, what other criteria might determine what is "human" and what is …

The Mystery Of The Individual In Modern Law, Jospeh Vining

Articles

To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals. This was Telford Taylor, beginning the presentation of the "Medical Case" at the Nuremberg Trials. The "Medical Case" was not about genocide or war or the conduct of war. It was about experimentation on human beings, and it was this trial that produced the "Nuremberg Code," the first control of such treatment of human beings by one another, so surprisingly late in the history of modern scientific investigation, midtwentieth century, and so surprisingly absent everywhere before, despite the …

Recent Developments In Animal Law, Rebecca J. Huss

Law Faculty Publications

This article focuses on recent developments in litigation and legislation involving the injury or death of animals. The article first discusses recent veterinary malpractice cases where the central issue was not related to damages. Next, the article analyzes recent cases that have focused on the appropriate way to value animals that have been injured or killed due to the tortious acts of another. Finally, this article highlights recent legislative efforts that allow for civil suits based on the injury or death of an animal.

Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre

ExpressO

This article seeks to explore a simple but profound question. How should our legal system deal with the claims of animals for protection against harms inflicted by humans? Rather than a comparative rights analysis as used by some writers, this article will use the non-comparative approach based upon an interest analysis. The short answer is that our legal system can and should do what it always has done, balance the interests of competing individuals in a public policy context, always seeking to strike an ethically appropriate balance. It will be shown that the legislative branch of our government presently promotes …

Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss

Law Faculty Publications

This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.

The Least Of The Sentient Beings' And The Question Of Reduction, Refinement, And Replacement, Joseph Vining

Other Publications

The subject I was asked to think about with you today is raised by a very large change in the focus of biomedical research. In raw percentage terms, the animals involved in experimentation are now overwhelmingly rats and mice, and, perhaps because they are rats and mice, they are used in large numbers, numbers in thousands and tens of thousands at some institutions. Legal, ethical, and practical accommodation to this fact on the ground presents a host of questions. There are questions of the cost of care. There are questions of the training of veterinarians, principal investigators, and laboratory personnel. …

Man's Best Friend: Property Or Family Member - An Examination Of The Legal Classification Of Companion Animals And Its Impact On Damages Recoverable For Their Wrongful Death Or Injury, William C. Root

Villanova Law Review (1956 - )

No abstract provided.

Capture And Counteraction: Self- Help By Environmental Zealots (Allen Chair Symposium 1996: The Future Of Environmental And Land-Use Regulation), James E. Krier

Articles

Self-help is a largely neglected topic in American legal studies.1 With the exception of a survey by a group of law students published a dozen years ago,2 there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way.3 This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.

Prohibitive Policy: Implementing The Federal Endangered Species Act, Michigan Law Review

Michigan Law Review

A Review of Prohibitive Policy: Implementing the Federal Endangered Species Act by Steven Yaffee

The Changing Concept Of Animals As Property, Vincent P. Mccarthy

Attitudes Towards Animals Collection

Enforced and maintained by a legal superstructure that regulated every aspect of a black [slave's] social, political, economic, and religious life, his property status continued until the middle of the nineteenth century when Congress passed the 13th, 14th, and 15th Amendments to the Constitution, which overturned the Dred Scott decision and recognized that a black human being had legally protectible rights.

There are some signs in recent legal decisions that a similar evolution in the status of animals is taking place: judges are beginning to draw distinctions between animals and property.

But can we ever expect that the courts will …

The Limits Of Legislation In Achieving Social Change, Theodore S. Meth

Laws and Legislation Collection

This paper is about law, not laboratory animals or philosophical ethics. It proceeds from the premise that law is an appropriate, perhaps inevitable, instrument for dealing with ethical issues related to the use of research animals.

Federal And State Regulations Pertaining To Systematic Collections. I. A Case Of Inadvertent Violation Of Federal Regulations, Jerry R. Choate, Hugh H. Genoways

University of Nebraska State Museum: Mammalogy Papers

On 25 April 1975, at the twenty-second annual meeting of the Southwestern Association of Naturalists (SWAN), at the University of Oklahoma Biological Station, President Keith A. Arnold appointed Jerry Choate to investigate current regulations pertaining to collection and transport of scientific specimens in the region of representation (including Mexico) or SWAN. This charge involves both Federal and State laws, several of which are undergoing change and many of which doubtlessly are not familiar to the membership of SWAN. In order that SWAN members might be made aware of these regulations and not unwittingly commit violations, it was decided that SWANEWS …

Use Of The Legislative Process In Protecting Animals, Hugh Mcnamee

Laws and Legislation Collection

The statements that I shall make in this address are based upon experience gained by me as a lawyer, and as a member of the Ohio House of Representatives. That experience was applied to the successful pioneer attempt to enact the Ohio Rodeo Law of which I was the author and the pilot. Ohio is the first state in which a law has been passed to prohibit certain cruelty practices prevalent in rodeos and thus virtually eliminate them as a medium of public entertainment.

The origin of legislation is in some comprehension of a condition that needs correction by law. …

Torts--Wild Animals--Negligence As Basis Of Liability For Personal Injuries, Robert E. Stealey

West Virginia Law Review

No abstract provided.