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Displaying 951 - 960 of 1100
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Brief Summary of Pet Damages | Angie Vega | Animal Legal & Historical Center | This brief summary explores the issue of damages for loss or injury to pets. Despite the value most people assign to pets in their families, the legal system considers pets as personal property. The scope of damages available is also affected by this legal classification, as noneconomic or emotional damages such as pain and suffering, emotional distress, and loss of companionship are usually not recoverable for harm or destruction of property. As it stands in most states, fair market value is the approach used by most courts. |
| Overview of Pet/Companion Animal Damages | Angie Vega | Animal Legal & Historical Center | This overview examines compensation for loss of pets, typically known as "pet damages." When a companion animal is injured or killed, it is commonly accepted that the injury suffered by the family members transcends a monetary value. In fact, the majority of pets are of mixed breed and therefore, have a very low commercial value. When a companion animals owner decides to pursue the legal route, it is usually the sentimental value of that companion animal that drives the pet owner to pursue litigation. However, fair market value is still the governing view in most states. There is a patchwork of different approaches addressing the type of damages and extent of recovery available across the country. |
| Detailed Discussion of Dog Auctions and Retail Rescue | Kayla Venckauskas | Animal Legal & Historical Center | This paper first describes a typical dog auction. Next, the paper details the factors that have led to dog auctions being fueled by well-intentioned rescue groups, relevant law that applies to dog auctions and what other legislative factors impact this trend. Finally, the paper offers potential solutions to shore up this growing problem. |
| Brief Summary of Dog Auctions and Retail Rescue | Kayla Venckauskas | Animal Legal & Historical Center | This brief summary explores the recent changes with respect to dog auctions and the role of rescues. The limited federal and state oversight is discussed as well as new retail pet store bans that have inadvertently fueled "retail rescue" phenomenon. |
| Overview of Dog Auctions and Retail Rescue | Kayla Venckauskas | Animal Legal & Historical Center |
Rescue groups and animal welfare advocates alike are at the forefront of speaking out against the puppy mill and commercial breeding industries. They are often natural enemies yet recently have found themselves in the same room doing business together. |
| CONFINED TO A PROCESS: THE PREEMPTIVE STRIKE OF LIVESTOCK CARE STANDARDS BOARDS IN FARM ANIMAL WELFARE REGULATION | Lindsay Vick | 18 Animal L. 151 (2011) | In recent years, livestock care standards boards have emerged as an innovative way for state agencies to regulate farm animal welfare. Far from improving farm animal welfare, however, these boards are frequently a way to codify existing industry standards. The Ohio Livestock Care Standards Board, for example, had a nominal mission to establish regulations governing the care and well-being of livestock and poultry. Other states have created similar mechanisms for regulating farm animal welfare. This Comment maintains that the Ohio Livestock Care Standards Board regulations merely codify the existing status quo on Ohio factory farms rather than improving the health and welfare of animals. This Comment also discusses the successes and failures of other livestock care standards boards. This Comment then considers ways that livestock care standards boards, or alternative methods, could improve farm animal welfare. |
| Human Identity: The Question Presented by Human-Animal Hybridization | Joseph Vining | 1 Stan. J. Animal L. & Pol'y 50 (2008) | What makes each of us, as individuals, human to one another, or, more generally, what makes an individual creature human? We have not often had to ask the question because of the species line based on reproductive capacity and incapacity, although “degrees of humanness” were explored in the various eugenic programs of the last century. Now the biotechnological possibility of fusing human and other forms of life is presenting the question in a new and serious way. If the traditional biological means of defining species are no longer reliable, what other criteria might determine what is “human” and what is “nonhuman”? The issue is not just how to conceive of an individual hybrid presented to us, but how to act toward the creature, at the most basic level. Drawing on animal law and theory as well as the history of human eugenics in law and policy, Vining identifies criteria that may one day be used to gauge relative humanness, qualitative and quantitative. He observes that ultimately the difficulty of deciding or agreeing upon what identifies us as human will make even more problematic the current treatment of creatures deemed purely “animal.” In the end he suggests that what the human distinctively brings to the sentient world is general responsibility itself, and that wider contemplation of the real possibility of human-animal hybridization may lead to new ways of thinking about animals, in law and beyond. Human Identity was presented recently as a talk to a longstanding interdisciplinary faculty seminar at the University of Michigan. It is presented largely in its original form here, with footnotes added. |
| The Least of the Sentient Beings' and the Question of Reduction, Refinement, and Replacement | Joseph Vining | Vining, Joseph. "'The Least of the Sentient Beings' and the Question of Reduction, Refinement, and Replacement." Law Quad. Notes 46, no. 2 (2003): 82-8. | The subjects of this article are biomedical research and animals. In raw percentage terms, the animals involved in experimentation are now overwhelmingly rats and mice, and, perhaps because they are rats and mice, they are used in large numbers, numbers in thousands and tens of thousands at some institutions. Legal, ethical, and practical accommodation to this fact on the ground presents a host of questions. There are questions of the cost of care. There are questions of the training of veterinarians, principal investigators, and laboratory personnel. With mice particularly, there are questions about the creation of conditions in an animal that do not yet exist, a future animal, by knocking out a gene and, as we say, "seeing what happens": new questions, really, that move us away from the traditional focus on the details of how an investigator treats a living animal. Then there are the central questions of weighing costs and benefits, of justification and the application of the three R's of reduction, refinement, and replacement, where it is not dogs or primates or marine mammals that are concerned, but rats and mice - for many, the least on the scale of concern for animals. Rats, mice, and birds have of course been recently exempted from the Animal Welfare Act. But that may be viewed as making the questions only that much more difficult, thrown back into the laps of researchers themselves and review boards, veterinarians, laboratory assistants, and university and corporate administrators, who for the moment can expect to have that much less outside guidance or mandate in deciding what to do. The overarching problem, which is how to think about rats and mice, not a new problem at all, but newly pressing. |
| Comprised of Love: Latin American Legal Perspectives on the Multispecies Family | Catarina Viselli | Comprised of Love: Latin American Legal Perspectives on the Multispecies Family, Viselli, 2024 | This paper will discuss the emergence of the concept of the “multispecies family” in Latin American courts. The paper begins first by taking a broad overview of animal law in Latin America, giving a brief understanding of the fundamental information that gave rise to the concept of the recognition of the multispecies family. It then covers the basis of a multispecies family and its ties to both national and universal human rights. This paper then discusses and analyzes a compilation of some of the most landmark cases regarding multispecies families and their importance to animal welfare, natural protection, and human rights. It then provides a brief overview of several other landmark cases for further reading. Finally, it concludes with closing remarks regarding the overall impact of multispecies families’ legal recognition and its impact on up-and-coming animal law, as well as provides several sources for further information. |
| Overview of the Multispecies Family in Latin America | Catarina Viselli |
In more recent years, Latin America has become a true catalyst for progressive expansion in the animal and environmental law fields. |