Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Ecuador - Rights of nature - Environmental Code of Ecuador | Código Orgánico del Ambiente (COA) | The Environmental Code was published in 2018. It aims to “guarantee the right of people to live in a healthy and ecologically balanced environment, as well as protect the rights of nature for the realization of good living.” This code was the base for reforming the Criminal Code, which increased the punishment for animal cruelty. This law contains administrative sanctions, including fines, animal confiscation, community service, prohibition to acquire or keep animals temporarily or permanently, and payment of veterinary, food, and maintenance costs required for the animal’s recovery, among others. The environmental code contains environmental management provisions, including wildlife, urban fauna, climate change, waste management, etc. Under this code, the welfare of domestic animals and wildlife is a duty. It establishes the obligations and responsibilities related to animals. Regulations, control management, and coordination of the parameters outlined in this law lay on the Autonomous decentralized Municipal or Metropolitan Governments. For instance, cities have the power to regulate animal welfare concerning the ownership of animals and during the rearing, commercialization, breeding, transportation, and euthanasia of animals. Another example of this power vested in the cities and municipalities is the responsibility to establish plans and programs to prevent, manage, and control animal populations. This includes informative and educational campaigns on animal welfare, sterilization, and responsible adoption. | Statute | ||
| Ecuador - Stray animals - Ley 67, 2006 | Ley 67, 2006, Ecuador | The excerpt from the organic law for health corresponds to the treatment of companion and stray animals. Article 123 establishes that domestic animal owners must vaccinate their animals against rabies and other diseases the health authority considers a risk to human health. Owners are also responsible for keeping their animals in conditions that do not risk human health and environmental hygiene. Under the same article, municipalities, in coordination with the health authority, control and handle stray animals. | Statute | ||
| Eddleman v. U.S. | 729 F.Supp. 81 (D.Mont.,1989) |
An action was brought against the BLM under the Federal Tort Claims Act claiming that the government was negligent in failing to inform the adopters that they would not be eligible to receive title if they intended to sell the horses to slaughter. The court dismissed the claim for lack of jurisdiction, characterizing the issue as one sounding in contract, based upon the PMCA, and one that therefore should be brought before the U.S. Claims Court. |
Case | ||
| Edmonds v. Cailloux | 2006 WL 398033 (Tex.App.-San Antonio) (Not Reported in S.W.3d) | Not Reported in S.W.3d, 2006 WL 398033 (Tex.App.-San Antonio) |
An in-home caretaker of a sick, elderly woman sued the woman, her trust, and her son after the son’s dog knocked her down causing injury. The court of appeals remanded the case because it found a genuine issue as to whether the dog had dangerous propensities and whether the son knew of the dog’s dangerous propensities to justify strict liability. The court did, however, affirm the order of summary judgment as to the negligence claim, where the son was not the caretaker’s employer and thus did not owe her a duty to exercise reasonable care. |
Case | |
| Edmondson v. Oklahoma | 91 P.3d 605 (Okla. 2004) | 2004 OK 23 (2004) |
Petitioners sought relief from a temporary injunction for the Respondents, which prevented petitioners from enforcing the statute banning cockfighting. The Supreme Court assumed original jurisdiction and held that the statute did not violate the Oklahoma State Constitution, and was not unconstitutionally overbroad. Relief granted for petitioners. |
Case | |
| Edwards v. Shanley | 666 F.3d 1289 (C.A.11 (Fla.)) | 2012 WL 89193 (C.A.11 (Fla.)) |
Automobile driver fled scene of a traffic stop and sustained serious injuries when he was attacked by a police dog, which was allowed to continue for 5 - 7 minutes. Plaintiff brought § 1983 action, alleging that the use of the police dog constituted excessive force, and that the other officer failed to intervene and stop the attack, both of which violated plaintiff’s Fourth Amendment rights. The Court of Appeals held that the use of the police dog to help track and initially subdue the driver was constitutional, but permitting the dog to continue to attack the driver constituted excessive force. |
Case | |
| EFFECTIVE VOIR DIRE IN ANIMAL CASES | Larry Weiss | 2 Animal L. 187 (1996) | This article was adapted from remarks from Larry Weiss 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. | Article | |
| EG - Animal Development - Chapter 1 on Animal Development and Protection | Subchapter II, arts. 108, 109, 117, 118, 119 |
This chapter of laws from Egypt contains five articles that concern the treatment of animals. Among the provisions is an article that allows the Minister of Agriculture to regulate the import and export of live animals and birds. Article 119 states: "It is forbidden to exercise cruelty to animals. The Minister of Agriculture shall, by decree, specify the cases to which this ban shall apply." |
Statute | ||
| El caso del Festival Gastronómico del Gato, 2014 (Peru) | El Festival de Currunao era una celebración anual que se celebraba en el sur de Lima, Perú. Este festival estaba dedicado a la celebración de Santa Efigenia de Etiopía. Tradicionalmente, este evento incluía prácticas controvertidas, como el consumo de gatos y carreras en las que se les lanzaban fuegos artificiales. En 2013, un grupo de activistas presentó una demanda de amparo solicitando la suspensión inmediata de estas prácticas, argumentando que eran crueles según la antigua ley peruana contra la crueldad animal, No. 2725. Además, argumentaron que los animales son seres sintientes, capaces de experimentar dolor y sufrimiento. Ese mismo año, el Juez Civil de Cañete emitió una medida cautelar, suspendiendo dichas actividades. En 2014, la Corte Superior de Justicia de Cañete prohibió permanentemente estas prácticas, concluyendo que violaban el derecho a un ambiente equilibrado y saludable, fomentaban la violencia y representaban graves riesgos para la salud pública y el bienestar social. | Case | |||
| Eldorado Community Improvement Association Inc. v. Billings | 374 P.3d 737 (N.M. Ct. App., 2016) | 2016 WL 1213269 (N.M. Ct. App., 2016) | In this case, Eldorado Subdivision sued some residents who kept hens as pets at their homes. The subdivision had a covenant (Section 11) that disallowed “animals, birds, or poultry” on residents' lots unless kept as “recognized household pets." The defendant-residents claimed that their hens were pets and thus met the household pet exception in the covenant. The lower court agreed with the subdivision and ordered the owners to remove the hens. On appeal, this court looked at the actual language of the covenant, which the court did find to be "unclear and ambiguous." However, the court found that if the residents did not want poultry as household pets, it is reasonable to assume the residents would have removed language that anticipates poultry as household pets. The court here found that the lower court applied the wrong precedent and should have applied a case that favored free use of the land because the covenant is ambiguous. The ruling should not be based on what the developer of the subdivision may have had in mind in writing Section 11 or how community members would interpret its meaning. Instead, the court found that the Section 11 does not disallow hens as pets and rebuffed plaintiffs' "Chicken Little-esque view" that "the sky will fall" if chickens were permitted as pets. In fact, the court observed that if the lot owners want a different result, they must change Section 11 through the election process set out in the covenants. The judgment of the lower court was reversed. | Case |