Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| 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. |
| 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. |
| 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. |
| 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. |
|
| 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. |
| 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. |
| 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. |
| 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. |