Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| 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. |
| 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. |
| Brief Summary of Convention on Trade in Endangered Species (CITES) | David Favre | Animal Legal & Historical Center |
This article provides an introduction to the operation and provisions of the international treaty CITES which has been signed by over 150 countries to control the trade of endangered species. |
| 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. |
| Overview of Damages for Injury to Animals - Pet losses | David Favre | Animal Legal & Historical Center |
This overview describes the state of law with regard to damages for injury or loss of pets. Included in the discussion is an examination of the traditional market valuation of pets, punitive damages, consequential damages, and damages related to emotional distress. |
| 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. |
| 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. |
| American Wildlife Law - An Introduction | David Favre |
This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority. |
|
| 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. |