Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Animal Law in South Africa | Amy P. Wilson | Derecho Animal (Forum of Animal Law Studies) 10/1 (2019) - DOI https://doi.org/10.5565/rev/da.399 | Despite the importance of animals to South Africa, animal law is not yet recognized a separate distinct area of law. In an attempt to rectify this, the article provides a high level introduction to this highly complex field. By providing background and context into historical and current injustices regarding humans and animals, it alleges that the current legal system has failed to provide adequate protection to either group. By analyzing the existing regulatory framework and case law, it lays out the realities of obtaining better protection for animals in law. It then argues why it is particularly critical for the country to consider animal interests both individually and collectively with human interests by providing examples of how these interests intersect in practice. It suggests an approach for future protection efforts and concludes by providing some opportunities going forward for animal law reform in South Africa. |
| Catching the Unique Rabbit: Why Pets Should Be Reclassified as Inimitable Property under the Law | Kelly Wilson | 57 Clev. St. L. Rev. 167 (2009) |
This Note introduces a new approach for resolving the issue of inadequate compensation for pet loss by arguing for the adoption of a new classification of personal property called inimitable property. The new categorization takes into consideration the live, conscious, and unique qualities of pets that distinguish them from other sorts of inanimate property. Part II outlines the historical origins and subsequent shifts in the importance of domestic animals and their status in the law. Part III highlights the existing arguments and suggestions for change and addresses why they ultimately fail. Part IV introduces the requirements and characteristics of “inimitable property” and explains why it could work if applied to domestic pets by courts or the legislature. Finally, Section V briefly reviews and concludes the Note. |
| SHOCKED, HORRIFIED, SICKENED: HOW CIGARETTES (AND THE LESSONS FROM THE TOBACCO LITIGATION) CAN TAKE YEARS OFF ANIMAL-BASED FOOD INDUSTRIES | Amanda Winalski | 20 Animal L. 167 (2013) | Animal-based food industries—meat, egg, and dairy—have a history of opposing even relatively minor attempts to reduce human consumption of animal-based foods. In the face of growing evidence that eating meat, eggs, and dairy is detrimental to human health, these industries and their supporters maintain the opposite: that these foods are essential for a healthy diet and have no negative impact as normally consumed. Recognizing parallels between animal-based food industries and another industry heavily invested in maintaining the notion that its product was benign as normally consumed, this Article argues the tobacco litigation saga holds instructive lessons for combatting the current animal-based food industries. This Article, using the Hallmark slaughterhouse suit as a case study, illustrates how plaintiffs can deploy key strategies that prevailed against the tobacco industry—whistleblowing, fraud claims, government involvement in litigation, and identification of negatively impacted children. Finally, this Article outlines the potential developments that would deepen the parallels between the animal-based food and tobacco industries, suggesting conditions under which the litigation strategies used against the tobacco industry would become increasingly applicable and valuable. |
| Law Review - Cruelty - Cosmetics | DELCIANNA J. WINDERS | 81 NYU L REV 254 | "Cruelty-free" labeling claims are presently unregulated, resulting in market failure. Consumers make purchasing decisions with incomplete and misleading information and are therefore unable to encourage manufacturers to follow consumer preferences and alter their animal testing practices. Building on scholarship in reflexive law, this Note outlines a strategy for remedying the proliferation of misleading "cruelty-free" claims through standardization. Winders argues that standardization can most effectively and efficiently be achieved through a voluntary third-party certification program that sets a labeling claims, buttressed by traditional false advertising law. |
| Confronting Barriers to the Courtroom for Animal Advocates | Delcianna J. Winders | 13 Animal Law 1 (2006) |
This article explores the historic and current barriers animal law advocates face in pursuing litigation on behalf of animal interests. |
| Detailed Discussion of Utah Great Ape Laws | Rebecca F. Wisch | Animal Legal & Historical Center | The following article discusses Great Ape law in Utah.Utah does not have a law dealing with great apes, but addresses use and possession through regulations issued under the authority of the state’s Wildlife Resources Code. Additionally, only some great apes are protected under Utah’s anti-cruelty laws. The law prohibits both affirmative acts of cruelty such as torture or unjustified killing, and the failure to provide necessary food, water, care, or shelter for an animal in the person's custody. Exceptions to the definition of “animal” exclude those animals owned or kept by a AZAA accredited zoological park or temporarily in the state as part of a circus or traveling exhibitor licensed by the USDA. |
| FAQ on Service Animals and Air Travel | Rebecca F. Wisch | This FAQ provides a short explanation of the law and regulations related to service animals on U.S. commercial airlines. | |
| Table of State Humane Slaughter Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This table presents an overview of state humane slaughter acts. It includes an examination of the legal methods of slaughter, religious/ritual exemptions, the animals covered, and the penalties for violation. |
| Breed Specific Legislation (BSL) Table of Related Cases | Rebecca F. Wisch | Animal Legal & Historical Center |
This table provides links to cases involving BSL (breed-specific legislation). |
| Detailed Discussion of the Bald and Golden Eagle Protection Act | Rebecca F. Wisch | Animal Law Legal and Historical Center |
This article explores the history and text of the BGEPA. It further examines the relevant legal issues spawned by the Act, including free exercise challenges by Native Americans, the abrogation of treaty rights, commerce in eagle parts, and requisite intent for criminal prosecution under the Act. |