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Animal Law, Volume 13 Number One 2006-2007 (links to articles in .pdf format)

 

 

Introduction

 

 

CONFRONTING BARRIERS TO THE COURTROOM FOR ANIMAL ADVOCATES

 

by Delcianna J. Winders

 

1

 

 

SYMPOSIUM: CONFRONTING BARRIERS TO THE COURTROOM FOR ANIMAL ADVOCATES


Sponsored by the Student Animal Legal Defense Fund of New York University School of Law

 

On April 14, 2006, the Student Animal Legal Defense Fund of New York University School of Law hosted a symposium on how to overcome some common courtroom barriers faced by animal advocates. Panelists discussed cultural and legal transitions, legal standing for nonhuman animals, and potential causes of action. Symposium participants included prominent attorneys, authors, philosophers, and professors specializing in the field of animal protection law. The following articles have been adapted from transcripts of the symposium.

 

 

 

 

 

 

 

INTRODUCTION

 

by Clayton Gillette and Joyce Tischler

 

 

13 

LINKING CULTURAL AND LEGAL TRANSITIONS

PANELISTS: Taimie Bryant, Una Chaudhuri, and Dale Jamieson

MODERATORS: Laura Ireland Moore and David J. Wolfson

 

 

29

 

 

LEGAL STANDING FOR ANIMALS AND ADVOCATES

PANELISTS: David Cassuto, Jonathan Lovvorn, and Katherine Meyer

MODERATOR: Joyce Tischler

 

 

 

61

 

 

ANIMAL ADVOCACY AND CAUSES OF ACTION


PANELISTS: Carter Dillard, David Favre,Eric Glitzenstein, Mariann Sullivan, and Sonia Waisman

MODERATOR: Leonard Egert

 

 

 87

 

CONCLUSION

BY: David J. Wolfson

 

 

123

 

Articles

 

THERE ARE NO BAD DOGS, ONLY BAD OWNERS: REPLACING STRICT LIABILITY WITH A NEGLIGENCE STANDARD IN DOG BITE CASES

by Lynn A. Epstein

Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a childís torts, and property owner liability for injuries caused by his property. The Author concludes by proposing a negligence standard to be applied in dog bite cases.

 

129

 

THE ETHICAL CASE FOR EUROPEAN LEGISLATION AGAINST FUR FARMING

by Andrew Linzey

In recent years, several member states in the European Union enacted legislation to regulate or prohibit fur farming. This article calls for further action to ban the practice throughout the European Union. The Author notes animalsí inabilities to protect their own interests and the role of law to protect these vulnerable interests. The Author concludes by responding to the objections of fur farming proponents, ultimately finding no legitimate justification for the documented suffering of animals raised on fur farms.

 

147

 

Comment

 

TO WHAT EXTENT DOES WEALTH MAXIMIZATION BENEFIT FARMED ANIMALS? A LAW AND ECONOMICS APPROACH TO A BAN ON GESTATION CRATES IN PIG PRODUCTION

by Geoffrey C. Evans

A law and economics approach in the current animals-as-property realm could be the most efficient way to gain protections for the billions of farmed animals that need them now. The wealth maximization theory allows for this because it recognizes human valuation of nonhuman interests. However, evidence shows that a market failure exists because of the discord between public will and animal industry practices. Where human valuation of nonhuman interests is underrepresented in the market and, therefore, a market fix is needed through legislation, animal advocates should evaluate the legislationís economic impacts. In the case of a ban on gestation crates, as may be the case elsewhere, legislation may actually prove to be economically efficient, and thus gain the support of those who would not otherwise back such legislation. Even when the economic impact is negative, several arguments still weigh in favor of doing a detailed economic analysis. The more immediate positive effects likely to result from this approach outweigh possible negative effects. The sheer magnitude of farmed animal suffering requires that animal advocates begin a direct, offensive approach to the economics of animal welfare measures today.

 

 

167