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Title Authorsort descending Citation Summary
Overview of U.S. Animal Welfare Act David Favre Animal Legal & Historical Center

This article provides a detailed consideration of the nature and scope the United States Animal Welfare Act.

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

The Gathering Momentum David Favre 1 Journal of Animal Law 1 (2005)

This article provides introductory remarks to the Journal of Animal Law by Professor David Favre.

Brief Summary of the US Animal Welfare Act David Favre Animal Legal & Historical Center

This brief summary provides the main features of the US Animal Welfare Act (AWA) enacted in 1966,

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.
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.
Integrating Animal Interests into Our Legal System David Favre 10 Animal L. 87 (2004)

This article explores the obstacles to obtaining legal rights for animals both within the animal rights movement and within the broader political context. The author examines in which arena legal change might best be sought--the courts, the legislature, state governments, or the federal government. Finally, it makes a number of suggestions as to what type of laws would be the most successful in advancing the interests of 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.

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.

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