Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Can We Stand for It? Amending the Endangered Species Act with an Animal-Suit Provision | Katherine A. Burke | 75 U. Colo. L. Rev. 633 (2004) |
This article argues that the intent of the ESA would be realized if the standing requirements under the act were expanded to include an animal-suit provision in addition to the citizen-suit provision. The article begins with a brief discussion of the legislative history and the statutory requirements of the ESA, and then delineates the doctrine of standing generally. It concludes that the enactment of an animal-suit provision in the ESA would be consistent with the intent behind the ESA, would be a valid exercise of congressional power, would satisfy the principles inherent in the Court's approach to standing, and could be comfortably realized through next friend representation of qualified animal plaintiffs. |
| Looking for a Nexus Between Trust Compassion, and Regulation: Colorados Search for Standards of Care for Private, Non-Profit Wildlife Sanctuaries | Katherine A. Burke | 12 Animal L. 39 (2005) | In 2004, the Colorado legislature amended its wildlife statutes, formally recognizing the existence of private, non-profit wildlife sanctuaries under the jurisdiction of the Colorado Division of Wildlife (CDOW). Opponents to the 2004 amendments and CDOW staff have repeatedly expressed concerns that private sanctuaries should not be authorized in the absence of regulations and enforcement mechanisms sufficient to protect the animals and the people who come into contact with them. In implementing the sanctuary statute, CDOW has followed a familiar pattern, relying on the accreditation program of the American Association of Zoological Parks and Aquariums (AZA) to provide the basis of its regulations. In doing so, CDOW has failed to understand that the AZA standards are wholly inappropriate for sanctuaries; they are inadequate to protect the safety of animals and humans; and they are overly burdensome and even diametrically opposed to the status and goals of private, non-profit wildlife sanctuaries. Instead, CDOW could have acknowledged the stringent, comprehensive, extensive standards promulgated by The Association of Sanctuaries (TAOS), which are carefully tailored to the operations of sanctuaries. This article considers the plight of Colorado wildlife sanctuaries, which is by no means peculiar to the state of Colorado, and carefully examines the standards promulgated by the AZA and by TAOS. The article concludes that the TAOS accreditation program would have provided a significantly better basis for sanctuary regulation, and that by failing to take advantage of this, CDOW has missed an important opportunity to create a nexus between trust, compassion, and regulation. |
| Breed Specific Legislation: Unfair Prejudice and Ineffective Policy | Devin Burstein | 10 Animal L. 313 (2004) |
This comment examines breed specific legislation--the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur. |
| Valuing Companion Animals in Wrongful Death Cases: A Survey of Current Court and Legislative Actions and a Suggestion for Valuing Pecuniary Loss of Companionship | Elaine T. Byszewski | 9 Animal L. 215 (2003) |
Because it is exceedingly difficult to measure the value of “companionship” in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward “investment approach” to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals. |
| Fifteen Volumes of Animal Law | Laura Cadiz | 15 Animal L. 1 (2008) |
This article celebrates the fifteenth volume of the Animal Law Review based at Lewis & Clark Law School by discussing the journal's history and development. |
| Could a Chimpanzee or Bonobo Take the Stand? | Angela Campbell | 8 Animal L. 243 (2001) |
Ms. Campbell analyzes the federal witness competency standards and applies them to the current scientific knowledge of chimpanzees and bonobos. Such comparisons indicate that chimpanzees and bonobos could potentially meet these standards and therefore be legally competent witnesses in certain circumstances. The federal competency standards for witnesses testifying on the stand are fairly liberal. Witnesses must be able to distinguish right from wrong, understand the concept of punishment, perceive events, and remember those events to communicate them in the future. Chimpanzees and bonobos are able to do all of these things to some degree, and therefore, arguably satisfy the federal competency standards. In some situations, this indicates that these nonhuman apes should be allowed to testify in court, subject to the federal competency and interpreter rules. |
| A Call to Action: Concrete Proposals for Reducing Widespread Animal Suffering | Dana M. Campbell | 15 Animal L. 141 (2008) |
This article details the legal work currently being done to prevent animal cruelty as well as suggestions for future goals. |
| The Paradox of Animal Hoarding and The Limits of Canadian Criminal Law | Kathryn M. Campbell | Animal Legal & Historical Center |
The focus of this paper will be on an examination of these many challenges. The paper will begin with an overview of animal hoarding, how it is defined and the impact that hoarding has on the animals kept. The psychological implications of this behaviour will be examined, followed by the legal challenges prosecutors face in pursuing animal hoarders in court. The limits of Canadian criminal law to address animal hoarding will illustrate the difficulties in charging animal hoarders in this country. Finally, the paper will focus on the need for a more concerted approach to this problem by integrating legal, municipal and public health services in an attempt to better address the serious consequences for animals that result from this behavior. |
| Animal Law in the West | Deborah Cao |
This is the introduction for a full book in Chinese which explains many of the Western thoughts about animal welfare, animal rights to the Chinese. |
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| Casting Aside the Myth: Why Science is Never the Sole Factor in ESA Delisting | Andrea Carrillo | Animal Legal & Historical Center |
This paper illustrates the need and importance for this shift in understanding, and suggest corresponding revisions to the ESA. It gives an overview of the recovery plan provisions and delisting process of the ESA. The paper gives an overview of a recently delisted species, the Western Great Lakes Distinct Population Segment (“WGL DPS”) of the gray wolf, which serves to illustrate in detail the more general analysis of ESA implementation. The paper also provides a framework for the importance behind identifying policy decisions and having greater accountability and consistency in decision-making. |