Results
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| Overview of CAFOs and Animal Welfare Measures | Elizabeth A Overcash | Animal Legal & Historical Center |
This overview of CAFOs and animal welfare measures introduces CAFOs and the agricultural industry. Briefly, the overview notes the animal welfare, environmental, and human health concerns that have arisen with CAFOs. Finally, the overview notes the legislation and ballot initiatives that have been enacted to address these concerns. |
Article |
| Detailed Discussion of Concentrated Animal Feeding Operations | Elizabeth Overcash | Animal Legal & Historical Center |
This discussion of CAFOs and animal welfare measures introduces CAFOs and the agricultural industry. It then examines the animal welfare, environmental, and human health concerns that have arisen with CAFOs. Finally, the article notes the legislation and ballot initiatives that have been enacted to address these concerns. |
Article |
| Critical Habitat and the Challenge of Regulating Small Harms | Dave Owen | 64 Fla. L. Rev. 141 (2012) |
This Article investigates how the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are implementing the Endangered Species Act's prohibition on “adverse modification” of “critical habitat.” That prohibition appears to be one of environmental law's most ambitious mandates, but its actual meaning and effect are contested. Using a database of over 4,000 “biological opinions,” interviews with agency staff, and a review of judicial decisions considering the adverse modification prohibition, this Article assesses the extent to which the Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are relying on the adverse modification prohibition to provide habitat protection. |
Article |
| 2009 LEGISLATIVE REVIEW | Jennifer O’Brien & Randall Szabo | 16 Animal L. 371 (2010) |
This article provides an overview of important legislative changes concerning animal law in 2009. |
Article |
| Law and Public Policy: Future Directions for the Animal Protection Movement | Wayne Pacelle | 11 Animal L. 1 (2005) |
This article presents an overview by Wayne Pacelle of the future of the animal protection movement. |
Article |
| Fido Seeks Full Membership in the Family: Dismantling the Property Classification of Companion Animals by Statute | Elizabeth Paek | 25 U. Hawai’i L. Rev. 481 (2003) |
This paper proposes that various state legislatures should progressively dismantle the property classification of companion animals by enacting statutes permitting animal guardians recovery for non-economic damages in torts, and requiring courts to apply the "best interests of the pet" standard in custody and visitation disputes. Section II of this paper sets forth the conflict between the social and legal views of companion animals, and the historical evidence supporting each. Section III analyzes court opinions that treat companion animals as property and illustrates how the conflicting views of companion animals are manifested in case law. Section IV identifies the current trend in court decisions and legislative actions suggesting that both judges and legislators acknowledge companion animals as more than property. |
Article |
| Every Dog Can Have Its Day: Extending Liability Beyond the Seller by Defining Pets as Products Under Products LIiability Theory | Jason Parent | 12 Animal L. 241 (2005) |
Is a pet a “product”? A pet is a product for purposes of products liability law in some states, and as this article will show, the remaining states should follow suit. Every year, thousands of “domesticated” animals are sold to consumers who are uninformed as to the animal’s propensities or to the proper method of animal care. In some instances, these animals are unreasonably dangerous in that they spread disease to humans or attack, and possibly kill, unwitting victims. Improper breeding and training techniques and negligence in sales have led to horrific injury. This comment will demonstrate how merely considering pets as products opens up new theories of liability for the plaintiff’s lawyer, offering a deeper base of defendants who are both morally and legally at fault. From the standpoint of a consumer advocate and with concern for both human and animal welfare, the author proposes employing products liability theory to the sale of domesticated animals. By making sellers of “defective” animals accountable for personal injury that these animals cause, the quality of the animals bred and sold will likely improve. Where it does not improve and injury results, the victim may have recourse beyond the confines of contract remedies. Products liability theory is a lawful and needed method for preventing future harm and providing for a healthier human and animal kingdom. |
Article |
| Overview of the Laws Regulating Rescue and Foster Care Programs for Companion Animals | Kristen Pariser | Animal Legal & Historical Center | This overview examines how states deal with foster care and other non-profit rescue organizations. It details how states define such organizations and what laws may affect their operations. The paper also discusses potential legal issues that arise with pet rescue and fostering. | Article |
| Laws Regulating Rescue and Foster Care Programs for Companion Animals | Kristen Pariser |
Brief Summary of the Laws Regulating Rescue and Foster Care Programs for Companion Animals
|
Topical Introduction | |
| Brief Summary of the Laws Regulating Rescue and Foster Care Programs for Companion Animals | Kristen Pariser | Animal Legal & Historical Center | This summary briefly examines laws relating to foster-care and non-profit rescue organizations. It discusses concerns that arise relating to contractual liability, local ordinances, and tort claims. | Article |
