Results
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| Overview of Damages for Injury to Animals - Pet losses | David Favre | Animal Legal & Historical Center |
This overview describes the state of law with regard to damages for injury or loss of pets. Included in the discussion is an examination of the traditional market valuation of pets, punitive damages, consequential damages, and damages related to emotional distress. |
Article |
| AN INTERNATIONAL TREATY FOR ANIMAL WELFARE | David Favre | 18 Animal L. 237 | 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. | Article |
| Debate Within the CITES Community: What Direction for the Future? | David Favre | 33 Natural Resources Journal 875 (1993) |
This article introduces the reader to the context and terms of the international treaty for the protection of endangered species (CITES) There is a focus on the attempt to deal with the concept of sustainable use as relates to wildlife by the various states of the world and nongovernmental organizations. |
Article |
| Time for a Sharper Legal Focus | David Favre | 1 Animal L. 1 (1995) | This article provides an introduction into premiere issue of Animal Law. | Article |
| Detailed Discussion Landowner and Landlord Liability for Dangerous Animals | David S. Favre | Michigan State University College of Law |
This overview explores the liability for both landowners and landlords for injuries to third parties caused by tenant's animals. As a general proposition, liability is imputed only where the landowner or landlord has a duty to a third party, which is usually based on knowledge of the vicious propensity of the animal. Further, the injury must be reasonably foreseeable under the circumstances. The paper sets forth the level of duty owed to different classes of third party visitors (licensees, invitees, and trespassers) as well as how the location of an attack affects landlord liability. |
Article |
| Pet Trusts and Other Estate Issues | David S. Favre | Animal Legal & Historical Center |
This overview explores the recent changes in probate law related to wills and trusts for the continuing care of animals. |
Article |
| The Development of the Anti-Cruelty Laws During the 1800's | David Favre & Vivien Tsang | 1993 Det. C.L. Rev. 1 (1993) |
Article explains how the laws which deal with protection of animals from inappropriate human acts developed during the 1800's. The key focus is on Henry Bergh's efforts in the adoption of the 1867 New York Act. |
Article |
| ANIMAL CONSORTIUM | David S. Favre and Thomas Dickinson | 84 Tenn. L. Rev. 893 (2017) | This article will show that sufficient relational interest can exist between a human and companion animal and that this interest is widely accepted in our culture; therefore, financial recovery for the disruption of this relationship is a fair burden to place upon actors in today's world. This proposal does not seek to give any legal rights to companion animals; instead, this is a proposal to allow the law to acknowledge the depth and reality of the bond between humans and animals that exists in millions of families across the country. First, this article sets out the existing categories of damage for recovery when a defendant's tortious actions result in the death of a companion animal. Integral to this discussion is the reality that companion animals are considered property. Courts most often are unwilling to extend financial recovery to include the emotional loss of the owner of an animal. Second, this article will examine the history of the concept of consortium to show how the legal system has come to accept that the compensable harm is not limited to economic consequences, nor is it limited to husband and wife relationships. Third, this article will present information to support the position that companion animals are emotionally and psychologically important to the human members of many families. Fourth, this article will show that animals have already jumped out of the property box in a number of fact patterns, and therefore, it is appropriate to raise their status in this context as well. Fifth, this article will consider the application of the concept of animal consortium in detail as an extension of the common law cause of action. Finally, acknowledging some of the difficulties that courts may have in implementing this proposal, a legislative draft is proposed to accomplish the recovery sought by this article. | Article |
| Veterinary Malpractice: Questions for the Owner | Favre David S. | Animal Legal & Historical Center |
This article provides several key questions a pet owner must ask him or herself prior to initiating a veterinary malpractice lawsuit. |
Article |
| Examining the Veterinary Client-Patient Relationship in the United States: Why the Abolition of the In-Person Examination Requirement is Warranted | Jeffrey P. Feldmann | 56 Suffolk U. L. Rev. 91 (2023) | This Note examines the development of VCPR law, the incorporation - or lack thereof - of telehealth into VCPR law across the United States, and considers VCPR effect on access to care. After discussing the state of the veterinary industry and the regulatory scheme of veterinary medicine, Part II assesses VCPR laws across the United States, establishing that there is general uniformity from state to state. In Part II, the Note juxtaposes human medicine's widespread acceptance of telehealth to establish valid doctor-patient relationships with relative absence of such acceptance of telehealth in veterinary medicine to establish valid VCPRs. Part III then discusses and analyzes existing litigation concerning VCPR law and telehealth measures in the Fifth Circuit and in California. The Note concludes by proposing more widespread adoption of telemedicine as a means to establish a VCPR in order to improve access to quality care for veterinarians, clients, and patients more closely aligned with human medicine. | Article |