Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Brief Summary of Police Shooting Pets | Pamela L. Roudebush | Animal Legal & Historical Center |
The following is a brief summary of areas that will be covered for this topic. |
| Determining the Value of Companion Animals in Wrongful Harm or Death Claims: A Survey of U.S. Decisions and an Argument | Marcella S. Roukas | Animal Legal & Historical Center |
The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is oftentimes the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Some state court decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States concerning recovery of damages in cases involving harm to companion animals and the reasoning behind why courts should acknowledge such a recovery. |
| Determining the Value of Companion Animals in Wrongful Harm or Wrongful Death Claims: A Survey of U.S. Decisions and Legislative | Marcella Roukas | 3 J. Animal L. 45 (2007) |
The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is often times the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Needless to say, awarding damages at fair market value serves as little or no deterrence for the tortfeasor. This is especially true in cases where the companion animal lacks pedigree or special training. However, some decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States on companion animals and proposes legislative action in the state of Florida for the recovery of the “loss of companionship” for owners of companion animals. |
| Survey of Damages Measures Recognized in Negligence Cases Involving Animals | Alison M. Rowe | Kentucky Journal of Equine, Agriculture, & Natural Resources Law: Vol. 5 : Iss. 2 , Article 5. Available at: https://uknowledge.uky.edu/kjeanrl/vol5/iss2/5 | This article will first articulate the various ways in which courts and legislatures have resolved negligence cases involving plaintiffs seeking emotion-based damages for harm done to their companion animals. Second, this article will provide an overview of the public policy issues surrounding recovery for emotional damages in tort cases involving animals. Finally, this article will explain how allowing non-economic damages in companion animal cases involving mere negligence would be unsound public policy and an unwise departure from established law. |
| Detailed Discussion of the Migratory Bird Treaty Act | Kristina Rozan | Animal Legal & Historical Center | This paper summarizes the history of the MBTA. It describes the current version of the law, including administrative responsibilities, the criteria used to define the list of covered birds species, the types of behavior that trigger enforcement, and the penalties for violators. The paper covers the major legal controversies that characterize the split in the courts’ decisions and proposed amendments. It also highlights some of the MBTA issues making headlines today. The discussion concludes with questions about the Act’s future, and Part VII is a timeline of the important moments in the MBTA. |
| Brief Summary of the Migratory Bird Treaty Act | Kristina Rozan | Animal Legal & Historical Center |
The Migratory Bird Treaty Act (MBTA) was passed in 1918 to combat over-hunting and poaching that supplied the enormous demand for feathers to adorn women’s hats. State-level hunting laws were not working, and bird populations were being decimated. At first, the Act was based on a sing |
| Overview of the Migratory Bird Treaty Act | Kristina Rozan | Animal Legal & Historical Center |
The Migratory Bird Treaty Act (MBTA) was passed in 1918 to combat over-hunting and poaching that supplied the enormous demand for feathers to adorn women’s hats, when it was clear that the state-level hunting laws were insufficient and bird populations were being decimated. |
| Rock The Boat: The Plight of the Southern Bluefin Tuna | Alana R. Rubin | Animal Legal & Historical Center |
This paper examines what makes a Bluefin Tuna unique both scientifically and as an economic commodity. Further, the paper analyzes the current international laws and actions taken to address Southern Bluefin Tuna’s seemingly imminent extinction. The paper concludes by recognizing that while these efforts encouraged conservation, more government enforcement and leadership is needed to ensure the survival of Southern Bluefin Tuna. |
| Failure to Launch: The Lack of Implementation and Enforcement of the Animal Welfare Act | Leslie Rudloff | 67 Syracuse L. Rev. 173 (2017) | Failure to launch syndrome “is an increasingly popular way to describe the difficulties some young adults face when transitioning into the next phase of development—a stage which involves greater independence and responsibility.” One might say that the Animal Welfare Act suffers from failure to launch syndrome. The Animal Welfare Act was passed over fifty years ago and yet, it has not matured past its infancy in terms of effectively preventing unnecessary and inhumane animal experiments. This article will explore the failures of Congress, the United States Department of Agriculture (USDA), the Institutional Animal Care and Use Committees (IACUCs), research facilities, and funding agencies to implement and enforce the Animal Welfare Act. |
| Resurrecting the International Whaling Commission: Suggestions to Strengthen the Conservation Effort | Adrienne M. Ruffle | 27 Broklyn J. Int'L. 639 (2002) |
One of the failures of the IWC is the inability to punish infractions. The United States has unilaterally enacted two pieces of legislation intended to augment the enforcement power of the IWC through import and fishing sanctions against countries who violate the regulations set forth by the IWC. These unilateral amendments have failed in the protection of whales. |