Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| 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 |
| 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. |
| Overview of the U.S. Endangered Species Act | David Favre | Animal Legal & Historical Center |
A summary of the key provisions of the US Endangered Species Act. |
| AN INTERNATIONAL TREATY FOR ANIMAL WELFARE | David Favre | 18 Animal L. 237 | This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This Article argues that this is the best way to successfully pursue international protection by reconciling the conflicting goals of making a treaty enticing to as many countries as possible without eliminating enforcement mechanisms. This Article also suggests four companion protocols that would further delineate specific animal welfare standards and requirements. |
| 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. |
| Wildlife Jurisprudence | David Favre | 25 J. Envtl. L. & Litig. 459 | This article begins by briefly exploring the extent to which wildlife, historically and presently, have a place within our society, culture and legal system. Then, building upon the reality that wildlife, like humans, have personal interests in living their individual lives, suggests five principles for developing laws and programs to better accommodate wildlife interests in the legal system. Individuals, species and geographic groups are presented as focus points for thinking about wildlife interests. Additionally, the three possibilities of who should be the plaintiff for asserting wildlife rights are described: government, private parties, and the wildlife themselves. Finally, the article proposes new paths forward for our system’s wildlife with the goal that their interests in life and habitat can be more forthrightly balanced against competing human interests. |
| Time for a Sharper Legal Focus | David Favre | 1 Animal L. 1 (1995) | This article provides an introduction into premiere issue of Animal Law. |
| Detailed Discussion of Veterinarian Malpractice | David S. Favre | Animal Legal & Historical Center |
This article provides a short history of the development of veterinary malpractice as a cause of action and also explores the elements of a malpractice suit. It further delineates the concepts of standard of care, proximate cause, and res ipsa loquitur. Defenses to malpractice actions are also discussed. |