Results

The Supreme Court has recognized the uniquely non-intrusive nature of a canine sniff means that using dogs in certain situations does not involve a search. This has encouraged the use of detection dogs in law enforcement, and limited the costs associated with producing evidence of canine alerts in court. Nevertheless, the Supreme Court’s decisions do not mean that any claim that a dog may have alerted can justify a further search, and courts have recognized that a dog must be reliable for an alert to have this consequence. Thus, a high level of reliability must be expected of a canine team, and a failure to conduct adequate training or maintain complete records to establish that reliability will not exclude the possibility that a called alert may actually have been cued, precluding the use of the alert at trial.

The author examines the important role pets play in our lives in contrast with their nominal assessed market value by courts. The author then provides a uniform suggestion that will enable courts to standardize an owner's pet loss claim. Courts should continue to classify pets as property, yet relax the classification standard to permit a flexible market value analysis that includes the right to assert a punitive damage claim as a means of providing adequate and fair recompense to the grieving pet owner.

Currently there is no international agreement that ensures the welfare and protection of animals. Nor is there any international standard that regulates and defines the acceptable treatment of animals. This lack of international consensus leads to the current disparate treatment of animals around the world, echoing the need for an international framework addressing the issue. This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This Article argues that this is the best way to successfully pursue international protection by reconciling the conflicting goals of making a treaty enticing to as many countries as possible, without eliminating enforcement mechanisms. This Article also suggests four companion protocols that would further delineate specific animal welfare standards and requirements. With the present economic climate, it may be difficult to convince countries to pass such a treaty. However, the ICPA could make it possible to begin the process of enacting groundbreaking international animal protection.

This article provides introductory remarks to the Journal of Animal Law by Professor David Favre.