Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Overview of Brazil's Legal Structure for Animal Issues | Lane Azevedo Clayton | Animal Legal & Historical Center |
This essay contains an overview of the laws that deal with both wildlife and domestic animals in Brazil. |
| BETWEEN THE FLOOD AND THE RAINBOW: OUR COVENANT TO PROTECT THE WHOLE OF CREATION | Bruce Babbitt | 2 Animal L. 1 (1995) | As Congress weighs the interests of landowners against the environment, the future of the Endangered Species Act May be in peril. Secretary Babbitt discusses the success of our environmental laws and urges recognition of the moral, ethical, and religious values underlying the Endangered Species Act. These values manifest themselves in a wolfs green eyes, a sacred blue mountain, the words from Genesis, and the answers of children. These considerations should lead us to the conclusion that we are responsible for the whole of creation. |
| British Game Law | Matthew Bacon | Bouvier's Edition |
A full explaination of the laws of game for the British. 1800-1850 with notes from US experience. |
| Hear Me Roar: Should Universities Use Live Animals as Mascots | Jessica Baranko | 21 Marq. Sports L. Rev. 599 (2011) |
This article will argue that the recent regulation of universities' use of Native American mascots has paved the way for criticism of universities' use of live animals as mascots. Part II will examine the federal law governing the treatment of nonhuman animals, the Animal Welfare Act (AWA), and examples of cases based on the AWA. Part III will examine the state laws and provide examples of state animal anti-cruelty statutes and cases. Part IV will explain why both the AWA and the state anti-cruelty laws apply to universities. Then, Part V will argue why universities should be proactive and create guidelines and restrictions on the use of live, nonhuman animals as mascots in light of animal rights activists protesting the use of nonhuman animals for entertainment, including in circuses, shows, and movies. |
| NONECONOMIC DAMAGE AWARDS IN VETERINARY MALPRACTICE: USING THE HUMAN MEDICAL EXPERIENCE AS A MODEL TO PREDICT THE EFFECT OF NONECONOMIC DAMAGE AWARDS ON THE PRACTICE OF COMPANION ANIMAL VETERINARY MEDICINE | Steve Barghusen | 17 Animal L. 13 (2010) |
Many scholars have argued for and against the recovery of noneconomic damages in cases of veterinary malpractice involving companion animals. However, scholarship has not focused on the results that allowing noneconomic damages may have on the structure of companion animal veterinary practices. This Article uses the human medical field as a predictive model to explore the potential effects of granting noneconomic damages in veterinary malpractice cases. The author argues that awarding damages substantial enough to encourage increased litigation will result in significant changes in the field of veterinary medicine. Allowing for recovery of noneconomic damages will make veterinary care more expensive and will not significantly deter negligent malpractice. Individuals will pay more for veterinary care or companion animals will receive less care if high noneconomic damage awards become the norm in veterinary malpractice cases. Although these changes will affect all veterinary facilities, ironically, high quality veterinary facilities may be more likely to be sued than their lower quality counterparts. The author concludes by discussing alternatives to malpractice litigation, the human-animal bond, and the possible factors contributing to the high cost of human medicine in the United States. |
| Detailed Discussion of Commercial Breeders and Puppy Mills | Kimberly Barnes | Animal Legal & Historical Center | This paper gives an overview of the commercial breeding industry in the United States, beginning with a discussion of the industry’s various market forms, including brick and mortar pet stores, Internet websites, and foreign breeders. The paper then examines the underlying federal law and administrative regulations that provide minimum care standards for certain breeders. What follows is information on various state laws and recent legislation, including an examination of the increasing prevalence of local laws that address the puppy mill industry. The paper then explains the enforcement of puppy mill laws, which is criticized as insufficient to address the problem, and concludes with the observation that local laws and consumer education appear to be the most feasible solutions to combatting the prevalence of commercial breeding. |
| Brief Summary of Commercial Breeders and Puppy Mills | Kimberly Barnes | Animal Legal & Historical Center | This provides a brief overview of the commercial breeding industry in the United States. |
| The Post-Conviction Remedy for Pit Bulls: What Today’s Science Tells Us About Breed-Specific Legislation | Katie Barnett | 67 Syracuse L. Rev. 241 (2017) | This Article examines the pseudo-science used in the past, the science we have today, and how “pit bulls” are among the more popular breeds adopted from animal shelters safely living in communities nationwide, yet are targeted with specific legislation in many municipalities. Distinguished from criminal eyewitness identification cases, this Article looks at the breed-specific legislation issue in terms of the entire breed being convicted on eyewitness testimony, not on a case-by-case basis like we see in criminal cases. Because breed-specific legislation targets an entire population of family pets based on breed, this Article argues for a better examination of the reliability of breed identification and the science used to uphold the constitutionality of the legislation. |
| Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks | Steven J. Bartlett | 8 Animal L. 143 (2002) | Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection. |
| Brief Summary: The Licensing and Regulation of Pet Shops (U.K.) | Alan Bates | Animal Legal and Historical Center |
This document provides an overview of the UK's Pet Animals Act of 1951. The Act establishes a regulatory regime for “pet shops” under which local authorities (district and borough councils) are responsible for inspecting and licensing premises. |