Results
Title | Author | Citation | Summary | Type |
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THE ENDANGERED SPECIES ACT AT FORTY: THE GOOD, THE BAD, AND THE UGLY | Daniel J. Rohlf | 20 Animal L. 251 (2014) |
This article provides the introduction for Volume 20, Part 2 of the Animal Law Review. |
Article |
It's Eleven O'Clock, Do You Know Where Your Chicken Is? The Controversy Surrounding the National Animal Idenitifiaction System and Its Application to Small and Organic Farmers | Matthew E. Rohrbaugh | 32 Vt. L. Rev. 407 (2007) |
Parts I and II track the history and development of the NAIS. Part III introduces the opposition of small and organic farmers to the NAIS, and Part IV explores that opposition. Part V explores legal challenges to the NAIS, and Part VI explores the policy challenges. Part VII examines the USDA's response to small and organic farmers' concerns with the NAIS. Finally, Part VIII suggests possible solutions to small and organic farmers' issues raised by the NAIS. |
Article |
Animal Ethics and the Law | Bernard Rollin | 106 Mich. L. Rev. First Impressions 143 (2008). | Concerned with the lack of legal protection for farm animals in the United States, Bernard Rollin argues for the enfranchisment of farm animals. In this article, Rollin also identifies five factors that have called forth new ethics and new laws regarding animals. | Article |
"Man's Best Friend:" Property or Family Member? An Examination of the Legal Classification of Companion Animals and its Impact | William C. Root | 47 Vill. L. Rev. 423 (2002) |
This article examines the historical treatment of companion animals (pets) under the law as property or chattel, despite the degree of importance most Americans place upon their relationship with their pets. In cases of willful or negligent injury or death to these animals, courts have typically awarded market value damages, which, in most cases are nominal. The author proposes that the characterization of animals as mere property should change to reflect societal views, and punitive damages should be assessed by court where injury to the animal is willful, wanton or reckless. |
Article |
Police Shooting Pets | Pamela L. Roudebush |
Brief Summary of Police Shooting Pets
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Topical Introduction | |
Overview of Police Shooting Pets | Pamela L. Roudebush | Animal Legal and Historical Center |
The following is a quick overview of the issues relating to cases involving police shooting of pets. |
Article |
Detailed Discussion of Police Shooting Pets | Pamela L. Roudebush | Animal Legal and Historical Center |
The following is a detailed analysis of current case law on the topic of police shooting pets. |
Article |
Brief Summary of Police Shooting Pets | Pamela L. Roudebush | Animal Legal & Historical Center |
The following is a brief summary of areas that will be covered for this topic. |
Article |
A Factual Account of Immi's Shooting | Pamela L. Roudebush | Animal Legal & Historical Center |
The following excerpt from an appellate court opinion contains the actual facts that occurred when a 3-year old Rotweiller named Immi was unreasonably shot to death by a police officer. |
Article |
Determining the Value of Companion Animals in Wrongful Harm or Death Claims: A Survey of U.S. Decisions and an Argument | Marcella S. Roukas | Animal Legal & Historical Center |
The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is oftentimes the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Some state court decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States concerning recovery of damages in cases involving harm to companion animals and the reasoning behind why courts should acknowledge such a recovery. |
Article |