Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| 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. |
| 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. |
| Detailed Discussion of Dog Bite Laws | David S. Favre | Animal Legal & Historical Center |
This article provides a detailed discussion of dog bite law and liability. It includes an introduction to tort law as well as common torts involving dogs. An examination of strict liability and vicious propensity is also included. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |