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Displaying 21 - 30 of 30
Title Authorsort descending Citation Summary
Maximizing Scientific Integrity in Environmental Regulations: The Need for Congress to Provide Guidance When Scientific Methods Are Inadequate or When Data Is Inconclusive Mariyetta Meyers 12 Animal L. 99 (2005)

A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. Since agencies are given broad discretion in their decisions—even those based on science—this Comment argues for clear congressional guidelines in best science available directives, because only such guidelines would ensure greater agency compliance with congressional intent, give courts more direction in reviewing agency decisions under the APA, and, in the long run, maximize the scientific integrity of agency rules and decisions. In the environmental and wildlife protection contexts, this will ensure that agencies achieve Congress’s objectives, resulting in greater species protection.

Methods and Welfare Considerations for Behavioral Research Adrian R. Morrison, D.V.M., Ph.D., Hugh L. Evans, Ph.D., Nancy A. Ator, Ph.D., Richard K. Nakamura, Ph.D., and the editorial assistance of Deborah Faryna National Institute of Mental Health (2002). Methods and Welfare Considerations in Behavioral Research with Animals: Report of a National Institutes of Health Workshop. Morrison AR; Evans HL; Ator NA; Nakamura RK (eds). NIH Publication No. 02-5083. Washin Behavioral research has made significant contributions to the understanding, treatment, and prevention of behavioral disorders. Experimental animals play an essential role in this work. The National Institute of Mental Health (NIMH), together with other institutes of the National Institutes of Health (NIH) that have relevant research programs, prepared this handbook. The handbook provides a description of and references for commonly used behavioral research methods and associated animal welfare considerations in accordance with Federal laws governing animal research. It is intended to assist Institutional Animal Care and Use Committees (IACUCs) in their reviews of protocols involving animal behavior and animal cognition, particularly when expertise is not available on the committee, and to assist investigators in planning their experiments.
Keeping Bad Science Out of the Courtroom: Why Post-Daubert Courts Are Correct in Excluding Opinions Based on Animal Studies From Birth-Defects Cases Dije Ndreu 36 Golden Gate U. L. Rev. 459 (2006)

This Comment argues that courts should keep animal studies out of the courtroom in birth-defects toxic-torts cases. Part I sets forth the evidentiary standards used to determine the admissibility of evidence and then presents background information on birth defects and how they are studied. It also discusses the problems inherent with animal tests and the contrasting value of human data. Part II explores the admissibility of animal studies in post-Daubert birth-defects cases and argues that exclusion is warranted. Part II then urges redirection of resources to human studies and promising alternatives to animal tests, and it discusses the impact of excluding expert opinions based on animal tests from court cases. Part III concludes by summarizing the case against admission of animal studies and the positives that would result from exclusion.

Animal Research: Policy, Public Perception, and the Problems of Transparency Siobhan O'Sullivan Australia Animal Law Paper (2005)

This paper looks at the effects of the changes in the law dealing with decision making about animals in research. The author suggests that the transparency sought by some was not realized, but that such transparency may not be as important as originally thought.

Animal Reserach Policy in Australia Siobhan O'Sullivan Animal Legal & Historical Center (2006)

This paper looks at the effects of the changes in the law dealing with decision making about animals in research. The author suggests that the transparency sought by some was not realized, but that such transparency may not be as important as originally thought.

PRINCIPLES OF ANIMAL RESEARCH: REPLACEMENT, REDUCTION, REFINEMENT, AND RESPONSIBILITY Bryan D. Ogden 2 Animal L. 167 (1996) This article was adapted from remarks from Bryan D. Ogden at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.
Failure to Launch: The Lack of Implementation and Enforcement of the Animal Welfare Act Leslie Rudloff 67 Syracuse L. Rev. 173 (2017) Failure to launch syndrome “is an increasingly popular way to describe the difficulties some young adults face when transitioning into the next phase of development—a stage which involves greater independence and responsibility.” One might say that the Animal Welfare Act suffers from failure to launch syndrome. The Animal Welfare Act was passed over fifty years ago and yet, it has not matured past its infancy in terms of effectively preventing unnecessary and inhumane animal experiments. This article will explore the failures of Congress, the United States Department of Agriculture (USDA), the Institutional Animal Care and Use Committees (IACUCs), research facilities, and funding agencies to implement and enforce the Animal Welfare Act.
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.

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.
Antimony: The Use, Rights, And Regulation Of Laboratory Animals Brenda L. Thomas 13 PEPP. L. REV. 3

This law review examines the nature of the arguments between animal rights advocates and those in favor of the continued use of laboratory animals for research; the parties and their positions will be identified. Consideration will be given to (1) a brief overview of the historical and philosophical basis of the animal rights movement, (2) an examination of whether animals and their particular advocates have standing to bring suit in the courts, (3) an examination of current federal and state regulations concerning laboratory animals and the effect of these laws upon recent court decisions, and (4) a discussion of proposed changes in the law and proposed alternatives to the use of laboratory animals.

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