Animal Law Commons^™

The Animal Companion Puzzle: A Worth Unknown Though Height Taken, Ronald B. Lansing

Animal Law Review

A tort occurs where one individual breaches a duty allegedly owed to another. When the damage necessitates a judicial rem­edy, it is up to the courts to fix the appropriate level of compen­sation. The law distinguishes between two categories of compensatory awards and labels them ''economic'' and ''noneconomic'' remedies. When a loss falls into the latter cate­gory-that is, the damages suffered lack an ascertainable mar­ket value-judges have struggled to put a price on the harm.

This jurisprudential puzzle is particularly apparent in the pet loss context. Companion animals are defined as property under the law in all fifty states. Thus, …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 17, Issue 2, 2011.

The Endangered Species Act V. The United States Department Of Justice: How The Department Of Justice Derailed Criminal Prosecutions Under The Endangered Species Act, Ed Newcomer, Marie Palladini, Leah Jones

Animal Law Review

Historically, in prosecutions under the Endangered Species Act (ESA), to prove the element “knowingly” the government only had to prove that a defendant intentionally killed an animal that turned out to be endangered or threatened, not that the defendant knew the identity of the species or the endangered or threatened status of the animal when it was killed. Jury instructions to this effect were repeatedly upheld. Then, in a brief filed with the U.S. Supreme Court for McKittrick v. U.S., the federal government, unprompted, unnecessarily, and without explanation, said that it would not use this jury instruction in the future …

Human Drama, Animal Trials: What The Medieval Animal Trials Can Teach Us About Justice For Animals, Katie Sykes

Animal Law Review

The legal system generally does little to protect animals, and one aspect of its inadequacy is a matter of formal structure: under United States and Canadian law, animals are not legal “persons” with an independent right to the protections of the legal system. There are calls to expand the status of animals in the law by providing them with legal standing, the right to be represented by a lawyer, and other formal protections. But, in a way, some of this has happened before. There is a long history, primarily from the medieval and early modern periods, of animals being tried …

Animal Violence Court: A Therapeutic Jurisprudence-Based Problem-Solving Court For The Adjudication Of Animal Cruelty Cases Involving Juvenile Offenders And Animal Hoarders, Debra L. Muller-Harris

Animal Law Review

Cases involving cruelty to animals are currently handled by the traditional criminal courts. These courts, however, are not effective at punishing animal abusers or protecting animal victims. Although all states have laws criminalizing various forms of animal cruelty, the reality is that most cruelty cases are not prosecuted; even when cruelty cases are successfully prosecuted, punishments are weak. This Comment proposes the creation of an Animal Violence Court, using juvenile animal abusers and adult hoarders as ideal candidates for a pilot animal cruelty justice system. The Animal Violence Court will provide for the ongoing safety and care of animal victims, …

Welfare Improvements For Organic Animals: Closing Loopholes In The Regulation Of Organic Animal Husbandry, Aurora Paulsen

Animal Law Review

For many consumers, farm animal welfare matters. To ensure the well-being of farm animals, consumers often pay premium prices for animal products with humane labels. Because “organic” is an example of a label presumed to convey information about animal husbandry practices, animal products with this label may offer an alternative to products from animals that were raised “conventionally” on large, industrialized farms with minimal welfare protections. The Organic Foods Production Act of 1990 and enacting regulations require that organic animals be able to engage in natural behaviors. However, many of the requirements are general and thus result in significant variations …

United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr

Journal of Food Law & Policy

This edition of the Food Law Update explores four legal issues arising in the first half of 2010 reflective of the diverse nature of the food law specialist. As the national debate surrounding the merits of health care reform dominated the legislative agenda, this article first will discuss the food labeling rules embedded within section 4205 of the Patient Protection and Affordable Care Act of 2010. The authors then analyze the preemptive reach of the Federal Food, Drug, and Cosmetic Act and the Meat Inspection Act with respect to three separate California statutes regarding animal welfare standards, retail labels on …

The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook

William & Mary Bill of Rights Journal

No abstract provided.

Animal Law In Nevada: All Bark And No Bite, Kathleen Wilde

Nevada Law Journal

No abstract provided.

Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum

Journal of Food Law & Policy

Like other environmental resources subject to public use, various interest groups struggle over joint management of scarce fisheries resources. Further, differing goals for resource management, such as financial goals versus conservation goals, frequently pit regional groups against one another. In some cases, regional interests may conflict with overall national interests. As goes the water and the air, so go the fish.

Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor

Pell Scholars and Senior Theses

Poaching and animal trafficking is a global issue in the areas of biology, morality and politics. This paper will discuss the different areas of impact as well as consider options for the prevention and alleviation of this issue.

Whales: Their Emerging Right To Life, Anthony D'Amato, Sudhir K. Chopra

Faculty Working Papers

We have contended in this article that the evolution of the opinio juris of nations has encompassed five, and perhaps six, inexorable qualitative stages: free resource, regulation, conservation, protection, preservation and entitlement. We have argued that assigning whales an entitlement to life is the consequence of an emerging humanist right in international law — an example of the merging of the "is" and the "ought" of the law in the process of legitimization

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 …

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

Articles

The objective of the Endangered Species Act is to "recover" imperiled species and thus to render the Act's conservation tools unnecessary To achieve this goal, the drafters of the Act crafted a linear process that begins with an assessment of the threats facing the species and moves through the elimination of those threats to the recovery and delisting of the species. It has become increasingly apparent over the past decade that few species fit this model- most species face threats-altered habitats and competition with invasive species-that cannot be eliminated. These species are "conservation reliant" because they will require ongoing conservation …

Conservation-Reliant Species And The Future Of Conservation, Dale Goble

Articles

Species threatened with extinction are the focus of mounting conservation concerns throughout the world. Thirty-seven years after passage of the U.S. Endangered Species Act in 1973, we conclude that the Act’s underlying assumption—that once the recovery goals for a species are met it will no longer require continuing management—is false. Even when management actions succeed in achieving biological recovery goals, maintenance of viable populations of many species will require continuing, species-specific intervention. Such species are “conservation reliant.” To assess the scope of this problem, we reviewed all recovery plans for species listed as endangered or threatened under the Act. Our …

The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes

UIC Law Review

No abstract provided.

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 …

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

West Virginia Law Review

No abstract provided.

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

Great Plains Quarterly (through 2013)

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 New …

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.