Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Non-Economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule | Victor E. Schwartz and Emily J. Laird | 33 PEPP. L. REV. 227-273 (2006) |
This article argues that allowing non-economic damages in pet cases is unsound public policy and contravenes traditional tort rules of damages. Further, the authors suggest that legislative attempts to cap non-economic damages in pet cases are not a helpful compromise. Allowing non-economic damages ignores established common law principles in tort law and will potentially harm animals by raising the cost of veterinary care. |
| Bailment and Veterinary Malpractice: Doctrinal Exclusivity, of Not? | Katie J.L. Scott | 55 Hastings L.J. 1009 (March, 2004) |
This Note argues that treating bailment and veterinary malpractice as mutually exclusive is neither necessary nor desirable. In doing so, it first gives an overview of animals' status as property, the doctrine of bailment, and veterinary malpractice. Second, the seminal case discrediting bailment in favor of veterinary malpractice, Price v. Brown, [FN6] is discussed. Finally, this Note explores the reasons why bailment and veterinary malpractice should not be treated as mutually exclusive, and why pet owners should be able to recover for negligence by a veterinarian under the doctrine of bailment. |
| Death to Poochy: A Comparison of Historical and Modern Frustrations Faced by Owners of Injured or Killed Pet Dogs | Jason R. Scott | 75 UMKC L. Rev. 569 (Winter, 2006) |
This article explores the various methods courts have used to determine value when assessing damages in pet injury or death cases. In doing so, it focuses on the conflicts that exist between opinions of older courts and more modern courts in determining damages, and how these conflicts have highlighted the transition of a dog's role in society. Finally, the article discusses solutions to these problems, including exploring exemplary statutes in Illinois and Kentucky, along with other solutions that would significantly reduce the stress faced by pet owners and courts when placed in these positions. |
| The Jaws That Bite, The Claws That Snatch | Joseph K. Scott | 62 LALR 303 (Fall, 2001) |
This article explores the incongruity between the recent Louisiana decision in State v. Michels that allowed for the presence of a seemingly vicious dog to sustain the element of "dangerous weapon" in an aggravated sexual battery conviction. Louisiana traditionally only allows inanimate objects to be construed as weapons for dangerous weapons charges. The author suggests the Louisiana judiciary should align itself with the national jurisprudence to allow animate objects be viewed as dangerous weapons for the purpose of criminal prosecutions. |
| Ethical Management of Invasive Species The Burmese Python | Kaela S. Sculthorpe | Animal Legal & Historical Center | Burmese pythons and other invasive species wreak havoc on local environments and threaten biodiversity globally. Beginning with an overview of the unique challenges posed by the Burmese python in Florida, this article addresses invasive species laws and management that currently exist both in the United States as well as across the globe. The current method for addressing the complications created by the pythons is to capture and destroy them. This process is not the most effective means of addressing biodiversity loss as Burmese python populations are now declining in its native habitat due to overexploitation. The following discussion proposes that these pythons not be captured and killed, but rather humanely captured then released back into its native habitat. This is a logical alternative because (1) capture and release is a more ethical solution and (2) capture and release promotes biodiversity. In addition to managing the current threat of these invasive species, countries must also work to prevent the future growth of unwanted populations. In order to successfully rid South Florida of the Burmese python, while preventing the future spread of invasive species, the laws that allow these invasions to happen must change. This article will explore state and federal controls regarding the management of invasive species as well as offer solutions to strengthening these protections. |
| Perplexing Precedent: United States v. Stevens Confounds a Century of Supreme Court Conventionalism and Redefines the Limits of "Entertainment" | Meredith L. Shafer | 19 Vill. Sports & Ent. L.J. 281 (2012) |
The purpose of this Note is to consider the widespread implications of United States v. Stevens. Specifically, this Note will consider the likelihood of future findings of a compelling governmental interest, the level of harm required when balancing competing interests, Congress's ability to supplement ineffective laws, and the Court's ability to recognize new categories of speech unworthy of even basic First Amendment protection. |
| Chinese Endangered Species at the Brink of Extinction: A Critical Look at the Current Law and Policy in China | Charu Sharma | 11 Animal L. 215 (2005) |
The People's Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China's legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China. |
| Animal Law in Australia | Katrina Sharman |
This article provides a overview of the national and regional laws which deal with animals. |
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| Opening The Laboratory Door: National and International Legal Responsibilities for the Use of Animals in Scientific Research--An | Katrina Sharman | 2 Journal of Animal Law 67 (2006) |
Despite the increased availability of alternatives to the animal test model, laws and policies continue to be used as shields to justify the scientific use of animals in jurisdictions across the world. This article examines the legislative framework for animal research in Australia with a specific focus on the state of New South Wales. It also examines emerging international principles for the use of animals in scientific research. |
| Brief Summary of Dangerous Dogs in the Laws of Canada | Jacquelyn A. Shaw | Animal Legal & Historical Center |
This legal overview analyzes the Canadian legal approach to dog-related injuries. It discusses the common law approach under negligence and scienter. It then examines the statutory response to dog-related injuries in Canada's provinces and territories. |