Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Canada's Legal System in a Nutshell | Jacquelyn A. Shaw | Animal Legal & Historical Center |
This document gives a brief summary of the structure of the Canadian legal system. |
| 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. |
| Overview of Dangerous Dogs in the Laws of Canada | Jacquelyn A. Shaw | Animal Legal & Historical Center |
This brief summary talks about the Canadian legal approach to dog-related injuries. It discusses the common law approach and the statutory response to dog-related injuries in Canada's provinces and territories. |
| Dangerous Dogs in Canadian Law | Jacquelyn A. Shaw | Animal Legal & Historical Center |
This detailed legal discussion focuses on the Canadian legal approaches to dog-related injuries. The traditional common law doctrines of scienter and negligence are discussed, and compared with the legislative approaches of Canada's provinces and territories as well as Canadian federal criminal law. The article also discusses the similarities and differences between Canada's and the United States' incidence of dog-related injuries and some possible reasons for the differences. |
| Animal Welfare: Its Place in Legislation | Congressman Christopher Shays | 12 Animal L. 1 (2005) |
Comments by Congressman Christopher Shays: Animal welfare will continue to be a challenge. By advocating animal welfare legislation at the federal level, states, the private sector, and individuals can follow clearer, more humane guideline regarding the safety of all animals. As co-chairs of the Congressional Friends of Animals Caucus, Congressman Lantos and I will continue to educate lawmakers about the importance of animal welfare initiatives at all levels. |
| "Live Animals": Towards Protection for Pets and Livestock in Contracts for Carriage | Erin Sheley | 3 J. Animal L. 59 (2007) |
This article maps the current legal and logistical circumstances of animals in transportation, with a focus on commercial airlines and meat industry trucking practices, and proposes novel ways of utilizing the existing common law of contract adjudication to win stronger protections for such animals, even absent the fulfilled dream of statutory reform. In particular, it argues that courts should utilize two well-established doctrines of contractual interpretation--unconscionability and unenforceability as against public policy--to arrive at more humane results for animals. |
| IF ANIMAL RIGHTS ACTIVISTS COULD WRITE FEDERAL RESEARCH POLICY | Vasanth R. Shenai | 4 Animal L. 211 (1998) | Mr. Shenai examines animal rights in the context of federal animal testing. After discussing current federal research policy and the positions held by animal rights advocates, he proposes a new statute to accommodate all interests in society as well as the rights of the animals being considered for testing. |
| THE LIZARD, THE SCIENTIST, & THE LAWMAKER: AN ANALYSIS OF THE TRENDING FIGHT OVER THE USE OF SCIENCE UNDER THE ENDANGERED SPECIES ACT AND HOW TO ADDRESS IT | Brie D. Sherwin | 20 Animal L. 357 (2014) | Recently in Texas, the dunes sagebrush lizard—a tiny, little-known reptile living in the sparse brush and dunes of the oil and gas fields—sparked a heated discussion and criticism over the listing process under the Endangered Species Act (ESA). This six-year battle ended with the withdrawal of a proposed rule to list the lizard and resulted in numerous criticisms about the role and use of scientific data throughout the process. Under the ESA, the United States Fish & Wildlife Service (FWS) is required to consider the best available scientific data when deciding whether to list a species. However, there is no direct legislative history explaining this standard. Because existing scientific data on “stressors” in the environment is typically limited and inadequate, this data gap leads to uncertainty, which unquestionably leads to difficult decision making by the regulatory agencies. Although a review of past listing designations confirms that FWS is not only utilizing sound science, but more often than not, is making sound decisions based on that science, many policy makers are still criticizing the use of science in decision-making processes and are pitting science against economics. This Article advocates for a more systematic, transparent application of science in the decision-making process: a well-defined “weight of evidence” approach that will foster structured deliberations, hypothesis testing, and the necessary clarity and transparency that will benefit all parties involved. |
| Cujo Goes to College: On the Use of Animals by Individuals with Disabilities in Postsecondary Institutions | Dawinder S. Sidhu | 38 U. Balt. L. Rev. 267 (Winter, 2009) |
This Article examines the extent to which animals may be used by individuals with disabilities in a particular setting--postsecondary institutions. Part I of this Article provides an introduction to Section 504, Title II, and Title III. It also summarizes the OCR guidance, which adopts the Title III service animal standards for Title II and Section 504 purposes. Part II analyzes the text and purpose of Title II and Section 504, as well as the practical realities associated with the postsecondary setting, and argues that all animals, not just the service animals of Title III, may be permissibly used by individuals with disabilities under Title II and Section 504. |
| Detailed Discussion of the Exotic Pet Trade | Asia Siev | Animal Legal & Historical Center |
I. IntroductionThe term ‘exotic pet’ is vague and nebulous. It contains anything from the common parakeet to a Bengal tiger. They are undomesticated, their genetics and traits have not been selectively chosen by humans for millennia like dogs or cats. |