Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| A Contractarian View of Animal Rights: Insuring Against the Possibility of Being a Non-Human Animal | Julie Hilden | 14 Animal Law 5 (2007) |
Contemporary research regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggests the need for a sweeping re-evaluation of their legal status as mere property. In this essay, the author will contend that the contractarian theory of philosopher John Rawls provides an ideal basis for this re-evaluation. |
| CONTRADICTIONS WILL OUT: ANIMAL RIGHTS VS. ANIMAL SACRIFICE IN THE SUPREME COURT | Henry Mark Holzer | 1 Animal L. 83 (1995) | A professor of law at Brooklyn Law School explains why, in the controversial Lukumi case, the Supreme Court ruled that the religious sacrifice of animals falls under the protective umbrella of the Free Exercise Clause. The author criticizes the court for abandoning the belief-action dichotomy in Free Exercise jurisprudence and places blame on the lack of protection given to animals by current laws. |
| Animal Rights Law Reporter | Henry Mark Holzer (Editor) | Animal Rights Law Reporter | The Animal Rights Law Reporter was published from 1980 - 1983 by the Society for Animal Rights, Inc. The Reporter was edited by Professor Henry Mark Holzer. Each issue begins with a segment entitled, "In the Courts," which outlines significant court cases involving animals. The issues also contain sections for "In the Legislatures," where recent animal-related legislation is discussed. "In the Legal Literature" gives updates on pertinent law reviews in the field. Finally, the Reporter provides a quarterly "Bulletin Board," "Available Resources," and "Editor's Comment" from Professor Holzer. |
| Fuzzy Toys and Fuzzy Feelings: How the “Disney” Culture Provides the Necessary Psychological Link to Improving Animal Welfare | Lindsay Schafer Hurt | 10 J. Animal & Nat. Resource L. 253 | The connection between pop culture's psychological influences on society and on people's ability to empathize helps explain the legal shift to address practices of animal testing, animal fighting, and other abuse or torturous practices. The media helps cultivate increased sentiment for animal welfare, which is the first hurdle to overcome when advocating for a change regarding animals in the law. This Note discusses specifically how Disney movies featuring animal characters have furthered an interest in animal welfare. This Note further proposes that courts' realization that scientific evidence of suffering is inadequate to measure or identify cruelty is essential to sufficiently provide legal protections to animals. |
| Valuing Man's and Woman's Best Friend: The Moral and Legal Status of Companion Animals | Rebecca J. Huss | 86 Marq. L. Rev. 47 (2002) |
This Article first provides an overview of the philosophical basis of the allocation (or non-allocation) of moral status to nonhuman animals considering historical and modern views of animals. Second, it analyzes the legal status of animals under the current system and discusses the idea of extending legal 'personhood' to such animals. Next, it considers the common law and statutory basis for the current valuation of companion animals. Finally, this Article supports and promotes the idea that there is a rational basis for changing the way that companion animals should be valued by the legal system and recommends the adoption of statutory provisions to promote consistency and certainty in these cases. |
| The Pervasive Nature of Animal Law: How the Law Impacts the Lives of People and Their Animal Companions | Rebecca J. Huss | 43 Val. U. L. Rev. 1131 (Spring, 2009) |
This Article begins in Part II by distinguishing between “animal law,” “animal rights,” and “animal welfare” and discussing the growth of the field of animal law. It continues in Part III by setting forth the statistics on the number of companion animals in the United States (“U.S.”) and information about the households who have companion animals. Part IV is the longest as it relates to issues that everyone with companion animals must deal with-housing issues. Next, in Part V, the Article analyzes issues relating to the disputes arising when an animal is separated from his or her caretaker either by becoming lost or through dissolution. Veterinary issues are then briefly covered in Part VI, leading to a section on valuation issues in Part VII. The Article concludes in Part VIII with a section on estate planning issues focusing on the increasing number of states with enforceable pet trust statutes. |
| A Review of Animal Rights: Current Debates and New Directions | Laura Ireland Moore | 11 Animal L. 311 (2005) |
In this article, Ms. Ireland Moore reviews the book, A Review of Animal Rights: Current Debates and Directions. |
| Caging Animal Advocates Political Freedoms: The Unconstitutionality of the Animal and Ecological Terrorism Act | Andrew Ireland Moore | 11 Animal L. 255 (2005) |
The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness. |
| Animal Rights Cause Gains Credibility | Al Johnson | 1 Animal L. 11 (1995) | The author compares John Stuart Mill's social movement theory to the animal rights movement. |
| Norweyian (Norwegian) Animal Law - On Its Way to Rightfulness for Animals? | Live Kleveland Karlsrud | Animal Legal and Historical Web Center |
This article provides an overview of the current laws of Norway for the protection of animals. |