Results
Title |
Author | Citation | Summary | Type |
|---|---|---|---|---|
| The Restatement of Torts and Recovery for Loss of the Human-Pet Bond After an Intentional Tort | Merle H. Weiner | 55 U. Mem. L. Rev. 525 (2025) | This Article seeks to explain why some courts refuse to allow recovery for loss of the human-pet bond even in cases involving intentional torts, such as conversion or trespass to chattels. Much of the explanation rests with the Restatement of Torts. The first and second iterations of the Restatement of Torts increased the obstacles pet owners encountered when they sought recovery for emotional harm after an intentional tort. This fact contradicts the common understanding that tort law was expanding during much of the twentieth century, and that tort law affords make-whole relief to achieve corrective justice. While a recent provision in the Restatement (Third) of Torts: Remedies makes clear that such recovery is in fact permissible, this Article explains why the new section may have little effect and what should be done to further clarify the law in this area. | Article |
| THE RISE OF EQUINE ACTIVITY LIABILITY ACTS | Sharlene McEvoy | 3 Animal L. 201 (1997) | The law regarding animals can also affect those who own, use, or enjoy them. In recent years, the equine industry has become more vulnerable to liability as a result of recent court decisions undermining the traditional view that persons who participate in horseback riding assume the risk of injuries they incur. This paper examines six significant cases, as well as statutes passed by state legislatures to meet the challenges posed by these decisions. The legislative history and debate over the passage of a Connecticut bill are examined to illustrate the policy behind equine liability acts. | Article |
| THE RISE OF EQUINE ACTIVITY LIABILITY ACTS | Sharlene A. McEvoy | 3 Animal L. 201 (1997) | In recent years, the equine industry has become concerned by court decisions which undermine the traditional view that persons who participate in horseback riding activities assume the risk of any injury they incur. Ms. McEvoy examines significant cases and state statutes designed to meet the challenges posed by these decisions, as well as the legislative history behind a Connecticut statute. | Article |
| The Role of Animals in Livable Communities | Laurence H. Tribe | 7 Animal L. 1 (2001) |
This article contains remarks by Laurence Tribe on the work of Steven M. Wise. |
Article |
| The Salience of Species Difference For Feminist Theory | Maneesha Deckha | 17 Hastings Women's L.J. 1 (Winter 2006) |
The article begins in Part I of by examining species difference as a social construction similar to race, gender and other identity and hierarchy markers historically understood as biological. In Part II, while not claiming identicalness in the trajectories of different oppressions, the author discusses how the discursive construction of species difference bears a close resemblance to that of gender and race narratives. The article concludes by calling upon our affective responses to imagine animals as possible candidates for personhood and rights, and, further, to question why being human should be a qualification for justice. |
Article |
| The South African Predator Breeders Association v. The Minister of Environmental Affairs and Tourism | South African Predator Breeders Association and Others v Minister of Environmental Affairs and Tourism (1900/2007) [2009] ZAFSHC 68 (11 June 2009) | This application is about the validity of regulations designed to regulate the hunting of lions that were bred in captivity. | Case | |
| THE SPIRIT OF THE BUFFALO: THE PAST AND FUTURE OF AN AMERICAN PLAINS ICON | William Holland | 21 Animal L. 151 (2014) | Though bison are iconically associated with the United States, their historical fortunes have often been opposite those of the U.S. As the nation expanded westward, government policy, demand for bison products, and changing land use perilously reduced bison numbers. Efforts to restore bison have been complicated by overlapping legal concerns: state, federal, tribal, and constitutional. This Article examines the legal context surrounding bison restoration, focusing particularly on the critical herd connected with Yellowstone National Park. Former members of the Yellowstone herd, in turn, are the subjects of the Montana Supreme Court’s 2013 ruling in Citizens for Balanced Use v. Maurier, which this Article examines closely, arguing it will significantly improve the legal landscape in which Native American bison restoration efforts function. Finally, this Article ends on a hopeful note: suggesting that federal and tribal efforts, combined with economic and environmental interests may presage the resurgence of bison herds. | Article |
| The staff is performing a procedure on a scared night monkey being held down on an unclean table | Slideshow Images | |||
| THE STATUTORY PET TRUST : RECOMMENDATIONS FOR A NEW UNIFORM LAW BASED ON THE PAST TWENTY-ONE YEARS | Shidon Aflatooni | 18 Animal L. 1 (2011) |
Nearly three-fourths of American households include pets. Often, these pets are considered to be members of the family and are cared for as such. When a pet owner dies, however, questions often arise as to who will be responsible for continuing to care for the animals. Previously, probate and trust laws did not allow pet owners to provide for the care of their pets after death. In 1990, the National Conference of Commissioners on Uniform State Laws (NCCUSL) enacted the first pet trust statute in the Uniform Probate Code. |
Article |
| THE THIRSTY COW AND AN IMPORTANT DISTINCTION | Priscilla Cohn | 3 Animal L. 31 (1997) | "In Rain Without Thunder Gary Francione makes a number of very interesting and original points. Space will not permit a full discussion of all these points, but I would like to mention at least two points regarding his after-the-fact analysis of PETA's campaigns and the danger of using -other types of exploitation, such as sexism, to further the animal rights movement I will then discuss in more detail a third point involving a distinction Francione makes that clarifies a number of problems and has great significance for the animal rights movement." | Article |