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Vol. 1 - Journal of Animal Law (2005)


Published by the students of Michigan State University College of Law

 

 

November 1, 2005 – the Vol. 1, Journal of Animal Law (2005) is now available. The table of contents is provided below with links to individual articles (in pdf).  Copies are available in two forms:

 

Download the .pdf file for free. (1,380Kb)

Or

Order a hard copy ($18)

 

Information about the Journal

 

Table of Contents

 

Introduction

The Gathering Momentum………………………………………………………….            1

David Favre

 

Articles & Essays

Non-Economic Damages: Where does it get us and how do we get there? …….....…..        7

Sonia Waisman

A new movement in tort law seeks to provide money damages to persons losing a companion animal.  These non-compensatory damages are highly controversial, and spark a debate as to whether such awards are the best thing for the animals—or for the lawyers.  Would a change in the property status of companion animals better solve this important and emotional legal question?

 

Invented Cages: The Plight of Wild Animals in Captivity ………………………...                23

Anuj Shah & Alyce Miller

The rate of private possession of wild animals in the United States has escalated in recent years.  Laws at the federal, state, and local levels remain woefully inadequate to the task of addressing the treatment and welfare of the animals themselves and many animals “slip through the cracks,” resulting in abuse, neglect, and often death.  This article explores numerous facets of problems inherent in the private possession of exotic animals.

 

The Recent Development of Portugese Law in the Field of Animal Rights ……….........       61     

Professor Fernando Arajϊo

Portugal has had a long and bloody tradition of violence against animals, not the least of which includes Spanish-style bullfighting that has shown itself to be quite resistant to legal, cultural, and social reforms that would respect the right of animals to be free from suffering.  While Portugal’s evolution towards respecting animal rights and welfare has been a slow and painful process, Portugal has nevertheless made some remarkable strides towards eradicating the suffering of animals, most notably with the passage of the Law of 1995.  Portuguese scholars and activists have been instrumental in forcing the Portuguese government and citizenry to come to terms with the inhumane treatment of animals. 

 

 

A Survey of Agreements and Federal Legislation Protecting Polar Bears in the

United States ……………………………………………………………………….       73

Jamie Woolsey

Throughout the past few decades, international concern for polar bear welfare has increased dramatically.  The multinational agreements forged for their conservation require significant policing, cooperation, and understanding of the complex ecological and economic considerations surrounding these predators.  Woolsey’s article explores the international agreements and measures designed to save both the bears and their critical habitat.

 

Defining Animals as CrimeVictims…………………………………………….............     91

Andrew N. Ireland Moore

Animals who are victims of abuse and neglect should be afforded protections similar to those granted to human victims of crime, and as such, a reformulation of the classification of abused animals from property to crime victims is needed.  Defining animals as victims of crime, rather than mere property will aid in providing animals with the additional safeguards and protections of the criminal justice system that they deserve.

 

 

 

Notes & Comments

“Evading Extinction: A 21st Century Survey of Legal Challenges to Wild Siberian Tiger Conservation” …………………...……      109

Julie Santangelo (University of California at Hastings Law School)

 

When Ritual Slaughter Isn’t Kosher: An Examination of Shechita and the Humane Methods of Slaughter Act………………...................................................................…………….....……       129

Michelle Hodkin (Michigan State University College of Law)

 

 

 

Book Review

I Fought the Law: A Review of Terrorists or Freedom Fighters? Reflections on the Liberation of Animals, Edited by Steven Best and Anthony J. Nocella II ….….......…..      151

Matthew Liebman (Stanford Law School)

 

 

 

2004-2005 Case Law Review………………………….…………....……………      169

Sara Chisnell Voigt and Anna Sloan

 

 

Policy Info