Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| 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. |
| 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. |
| 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. |
| 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. |
| Living Property: A New Status for Animals Within the Legal System | David Favre | 93 Marq. L. Rev. 1021 (2010) |
This Article develops the proposition that non-human animals can possess and exercise legal rights. This proposal is supported by the fact that our legal system already accommodates a number of animal interests within the criminal anti-cruelty laws and civil trust laws. To make a more coherent package of all animal-related public policy issues, it is useful to acknowledge the existence of a fourth category of property, living property. Once separated out from other property, a new area of jurisprudence will evolve, providing legal rights for at least some animals. This Article establishes why animals should receive consideration within the legal system, which animals should be focused upon, what some of the legal rights might be, and how the traditional rules of property law will be modified to accommodate the presence of this new category of property. |
| 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 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. |
| 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, |
| 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. |
| 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. |