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Title Authorsort descending Citation Summary Type
CAN NONHUMAN ANIMALS FIND TORT PROTECTION IN A HUMAN-CENTERED COMMON LAW? Enger McCartney-Smith 4 Animal L. 173 (1998) The question of 'Rights allocation" typically hinges on society's distinction between legal and moral entitlement. Although many rights find support in both categories, not all rights grounded in societal morality are likewise accorded legal status. The animal rights movement, particularly in the last three decades, has advanced the recognition of nonhuman animals' moral entitlements, but corresponding legal rights have been slow to follow. This Comment explores this gap in nonhuman animals' rights allocation with an eye toward establishing a basis for a private right of intentional tort action. Through appeal to predominant tort jurisprudential theories, in conjunction with an examination of our scientifically and experientially grounded understanding of nonhuman animals, the Comment concludes that there is room in our current legal system for direct recognition of, and compensation for, intentional injurious behavior aimed at nonhuman animals Article
Animal Law in California William McCarty Noall 12 PEPP. L. REV. 2 (1985)

This law review provides a summary of the California animal law in the early 1980s. Topics that are discussed include: acquisition of title to animals; ownership rights; statutory criminal restrictions on owners; and indirect regulation by civil case law via actions in trespass, strict liability and negligence.

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Subverting Justice: An Indictment Of The Animal Enterprise Terrorism Act Kimberly E. McCoy 14 Animal Law 53 (2007)

The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals. The author notes the AETA targets individuals based solely on their political ideology and can deter these individuals from exercising their right to free speech due to the threat of being permanently branded as a terrorist. It is this infringement on First Amendment rights, coupled with the AETA’s overbreadth and vagueness, that lead the author to conclude the AETA is unconstitutional. The author also notes the many social policy flaws within the AETA and finds that the AETA is unnecessary, as existing laws cover every crime encompassed in its language. These defects lead the author to call for the AETA’s repeal and to suggest that individuals look to the judiciary for change.

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2007 Legislative Review Blair E. McCrory 14 Animal Law 265 (2007)

This document provides a link to Animal Law's 2007 Legislative Review.

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Legal Protection Only For Those Who Are Most Like "Us"? Camden J. McDaris 2 Journal of Animal Law 159 (2006)

This note analyzes the challenges that the animal rights movement faces in reforming society’s relationship to animals--particularly in regard to farmed animals--by tracking a similar evolution of the concepts of “dominion” and “civilization” within the early feminist movement. Specific focus is on nineteenth-century white middle-class women, who viewed themselves as models of civilized, liberated womanhood, while asserting maternalistic dominion over their “primitive” and underprivileged sisters. Acknowledging the way in which nineteenth-century America--which, for socio-political and legal purposes, was composed almost exclusively of Protestant white men--was willing to gradually “grant” one class of women a voice in society, based on well-established perceptions of “true womanhood,” is important in considering the way in which modern society seems poised to acknowledge some degree of rights for companion animals, while ignoring the legally-sanctioned misery to which billions of farmed animals are subjected annually.

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Modern Trends in Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine Mary Margaret McEachern Nunalee & G. Robert Weedon 10 Animal L. 125 (2004)

The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.

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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 welfare of greyhounds in Australian racing: has the industry run its course? Alexandra McEwan and Krishna Skandakumar 6 AAPLJ 53 Australia’s greyhound racing industry is reportedly the third largest in the world. Over fifty racetracks operate across the country, with the majority located in New South Wales. In 2009 the total 'stake money,' that is, the amount put at risk by punters, was $73,773 million nationwide. This article explores welfare issues in the greyhound industry, arguing that, despite recent regulatory reforms and industry efforts to improve welfare standards, there is sufficient evidence available to conclude Australia should follow the lead set by the USA and begin dismantling a sporting industry which has run its course. In short, this form of animal use can no longer be justified as 'necessary.' Article
Brief Overview of Veterinary Client Issues Akisha R. N. McGee The Animal Legal and Historical Center

This is a brief view of the boundaries of a person's relationship with his or her veterinarian.

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