Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Judicial Recognition of The Interests of Animals - A New Tort | David Favre | 2005 Mich. St. L. Rev. 333 |
The article examines how the interest of humans are represented in the legal system and how the interests of animals might better be brought into the legal system with the creation of a new tort for the benefit of animals. |
| Debate Within the CITES Community: What Direction for the Future? | David Favre | 33 Natural Resources Journal 875 (1993) |
This article introduces the reader to the context and terms of the international treaty for the protection of endangered species (CITES) There is a focus on the attempt to deal with the concept of sustainable use as relates to wildlife by the various states of the world and nongovernmental organizations. |
| Equitable Self-Ownership for Animals | David Favre | 50 Duke Law Jour. 473 (2000) |
This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggests that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal. |
| TWENTY YEARS AND CHANGE | David Favre | 20 Animal L. 7 (2013) |
This Introduction provides an overview of the evolution of animal law over the past twenty years, demonstrating how changes in the law, social awareness, and legal education have directly affected this field. This Introduction describes both the positive and negative changes that have taken place, from the banning of dogfighting and cockfighting by federal law and some state laws; a spread in voter-adopted legislation providing for the protection of agricultural animals; and movements to reduce the use of chimpanzees in animal research; to the limitations of the Animal Welfare Act; changes in the United States Department of Agriculture (USDA) policy lifting the ban on USDA inspection of horsemeat; discrimination of certain breeds of dogs through breed-specific legislation; and the weakening of a number of federal laws providing protection to wildlife. This Introduction also provides an overview of case law, discussing attempts to achieve standing for animals and differing approaches in calculating damages for harm to pets. With respect to legal institutions, there has been an increasing presence of animal law sections within the American Bar Association and state bar associations. Animal law has also expanded within legal education. This is evidenced by the emergence of animal law conferences, publications in animal focused law reviews and textbooks, animal law courses at prestigious law schools, and full-time professors specializing in the area of animal law. |
| Living Property: A New Status for Animals Within the Legal System | David Favre | 93 Marq. L. Rev. 1021 (2010) |
This Article develops the proposition that non-human animals can possess and exercise legal rights. This proposal is supported by the fact that our legal system already accommodates a number of animal interests within the criminal anti-cruelty laws and civil trust laws. To make a more coherent package of all animal-related public policy issues, it is useful to acknowledge the existence of a fourth category of property, living property. Once separated out from other property, a new area of jurisprudence will evolve, providing legal rights for at least some animals. This Article establishes why animals should receive consideration within the legal system, which animals should be focused upon, what some of the legal rights might be, and how the traditional rules of property law will be modified to accommodate the presence of this new category of property. |
| Overview of Historical Materials | David Favre | Animal Legal & Historical Center |
This article provides a quick overview of the historical materials available through the Web Center |
| SOME THOUGHTS ON ANIMAL EXPERIMENTATION | David Favre | 2 Animal L. 161 (1996) (pdf version) | This article was adapted from remarks from David Favre at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals. |
| Detailed Discussion Landowner and Landlord Liability for Dangerous Animals | David S. Favre | Michigan State University College of Law |
This overview explores the liability for both landowners and landlords for injuries to third parties caused by tenant's animals. As a general proposition, liability is imputed only where the landowner or landlord has a duty to a third party, which is usually based on knowledge of the vicious propensity of the animal. Further, the injury must be reasonably foreseeable under the circumstances. The paper sets forth the level of duty owed to different classes of third party visitors (licensees, invitees, and trespassers) as well as how the location of an attack affects landlord liability. |
| Pet Trusts and Other Estate Issues | David S. Favre | Animal Legal & Historical Center |
This overview explores the recent changes in probate law related to wills and trusts for the continuing care of animals. |
| The Nature of Treaties | David Favre | Animal Legal & Historical Center |
This article provides a brief overview of the types of treaties, the treaty process (e.g., creation, ratification, etc.), as well as problems derived from a given sample treaty. |