Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Legal Research Guide for Canadian Animal Law | Annie Belanger | Animal Legal & Historical Center |
This article sets out for the reader how to research the full variety of animal issues for the Canadian legal system, with a focus on Ontario. |
| Nelson v. State Board of Veterinary Medicine: The Commonwealth Court Carves A Sharper Definition of Veterinary Malpractice | Kim Eileen Bell | 16 Widener L.J. 473 (2007) |
This survey provides a foundation of some basic animal law doctrine, as well as the current state of the law of veterinary malpractice in the United States and, more narrowly, in Pennsylvania. It then examines the Nelson case and how the Commonwealth Court came to its conclusion that rude behavior toward a human client does not constitute malpractice of the animal patient. This survey then renders an evaluation and critique of the Commonwealth Court's decision from the viewpoint of administrative law. |
| Crime Victims Rights: Critical Concepts for Animal Rights | Douglas E. Beloof | 7 Animal L. 19 (2001) |
This essay is written by a legal advocate in a socio-legal movement, the crime victims' rights movement, to legal advocates in the animal rights movement. It addresses three issues from the perspective of an outsider to the animal rights movement. First, the essay addresses the problems in the relationship between rights philosophy and successful legal rights advocacy; second, the essay reviews two animal rights legal advocate strategies of incrementalism and the common law coup; finally, the essay concludes with three practical suggestions for the animal rights movement about joining a part of the victims' rights movement to reach mutually identified goals. |
| 2006 Legislative Review | Marjorie A. Berger | 13 Animal Law 299 (2007) |
This document provides a link to Animal Law's 2006 Legislative Review. |
| Lost Pet FAQ | Christopher A. Berry | Animal Legal and Historical Center |
This lost pet FAQ gives general guidance for people who are in a conflict over a lost pet or want to avoid losing their pet in the first place. |
| Overview of Law in Lost Pet Disputes | Christopher A. Berry | Animal Legal and Historical Center |
This summary provides a concise overview of the law governing lost pet disputes that occur when a lost pet is adopted or injured by someone other than the original owner. |
| Detailed Discussion of Legal Rights and Duties in Lost Pet Disputes | Christopher A. Berry | Animal Legal and Historical Center |
This article contains a discussion of the legal issues that arise when someone loses a pet: When does the original owner lose the right to possess the pet? What actions are the finder of a lost pet permitted or required to take? How do these rights differ under different circumstances and jurisdictions? |
| Long-Term Outcomes in Animal Hoarding Cases | Colin Berry, M.S., Gary Patronek, V.M.D., Ph.D., and Randall Lockwood, Ph.D. | 11 Animal L. 167 (2005) | Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarder, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports. The results showed a disparity between the ways different jurisdictions handled hoarding cases, as well as a lack of communication between agencies. Cases generally lacked follow-up, and it was difficult to determine compliance with court-ordered psychological evaluations and counseling. Additionally, none of the shelters that were ordered to receive restitution has yet received it. Shortcomings in state anti-cruelty statutes contributed to poor outcomes, and current prosecutorial approaches often left officials struggling between the conflicting goals of aggressively prosecuting hoarders and avoiding further institutionalization of the animals. Unfortunately, lenient treatment of hoarders in exchange for immediate custody of the animals appeared to contribute to recidivism. More rapid identification of offenders as hoarders and more creative sentencing involving long-term monitoring could simultaneously speed resolution of cases and avoid extending the suffering of animal victims. |
| Wills & Trusts - Pet Animals: What Happens When Their Humans Die? | Gerry W. Beyer | 40 SANCLR 617 (2000) |
(From article) This article chronicles the evolution of enforcing after-death gifts for the benefit of pet animals. Part II reviews the common law background. Part III details the wide variety of approaches adopted by United States courts, legislatures, and commentators. These approaches treat after-death gifts for pets in three basic categories: (1) invalid; (2) tolerated, but not enforceable; and (3) valid and enforceable. After establishing the current milieu in which a pet owner must function, Part IV recommends the steps an owner may take to maximize the chances of the pet receiving the desired care after the owner's death. |
| ANIMAL OPPRESSION AND THE PRAGMATIST | Lesli Bisgould | 3 Animal L. 39 (1997) | A pragmatist can be thought of as someone concerned about the practical consequences of her actions or beliefs. It is likely that all animal rights activists, whose common goal might be framed as the eradication of animal oppression, consider themselves pragmatists. Theirs is a lofty goal. Oppression which has been thousands of years in the making could reasonably be anticipated to be a long time in the unmaking. In the intervening years, different ideas have emerged about the practical consequences of different actions or beliefs. These differences (sometimes categorized under the broad headings of'rights" or 'welfare'" have transformed, or been transformed, into a pernicious conflict between advocates. It is essential, if meaningful change is to be achieved, that this conflict be resolved and not casually remanded to the realm where all opinions are seen to be equally valid, and to each her own. Gary Francione, lawyer, professor and author, has recently attempted an analysis of this discord in his book Rain Without Thunder: The Ideology of the Animal Rights Movement. The following commentary briefly considers some of the observations and conclusions Francione makes and some of the backlash his thoughts have engendered. |