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Displaying 311 - 320 of 1104
Title Authorsort descending 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.

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

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.

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.
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.

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.

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.
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.

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.

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