Results
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| Comparative National Animal Welfare Laws | Charles F. Hall and David S. Favre | Michigan State University College of Law - Animal Legal & Historical Center |
This paper compares the strengths and weaknesses of the animal welfare legislation in four countries: Portugal, the Philippines, Switzerland, and Taiwan. Following the discussion is a chart that illustrates the main components of each piece of legislation, showing how each defines terms and to which animals the requisite legislation applies. |
Article |
| Tiger Conservation in a "Globalized" World: Tying Humans, Forests, and Tigers Together | Ross Hammersley | Animal Legal & Historical Center |
This Paper will discuss the current trends in tiger conservation and management. Part I will discuss the statutory protections afforded to tigers in India’s Wildlife Protection Act and the operation of CITES. Part II will cover the primary reasons for renewed concern over the fate of the tiger, focusing on the demand for Asian medicines and other tiger derivatives. This Part will also discuss the current state of conservation efforts in India, focusing on how nearby rural villages have been affected by the establishment of the tiger reserves and wildlife conservation areas in India. Finally, Part III will propose some ways to begin to curb some of the demand in the international tiger derivative market and to improve community involvement and enforcement of India’s current regulations, as well as exploring potential avenues for strengthening aid efforts from and within the United States. |
Article |
| Making Decisions About Our Animals' Health Care: Does it Matter Whether We Are Owners or Guardians? | Susan J. Hankin | 2 Stan. J. Animal L. & Pol'y 1 (2009) |
This Article explores whether legislating a language change from “owner” to “guardian” has any real impact on the way we make health care decisions for our animal companions. Part I of this Article addresses the arguments that have been mounted against the campaign to change pet “owners” into pet “guardians,” particularly those arguments that center around making choices regarding an animal's medical care. Part II of this Article looks at medical care decision-making in human medicine as a background for exploring these questions in veterinary medicine. Part III looks more generally at the extent to which the legal framework for clinical decision-making in human medicine can be imported into veterinary medicine and through what mechanisms. |
Article |
| Survey of Illinois Law: Liability for Animal-Inflicted Injury | Harold W. Hannah | 24 S. Ill. U. L.J. 693 (2000) |
This article attempts to explain how Illinois law affects the liability of people who are owners or are in control of animals at the time that an injury occurs, as a consequence of that animal’s actions. The section of this article that is related to equine law discusses how there has been a growing concern of stable owners as a result of increased litigation and insurance costs with respect to equine activity injuries. Furthermore, the article mentions that the purpose of the Illinois Equine Activity Liability Act is to alleviate some risk of liability from those involved in equine activities. |
Article |
| Dog-Focused Law's Impact on Disability Rights: Ontario's Pit Bull Legislation as a Case in Point | Barbara Hanson | 12 Animal L. 217 (2005) |
Legislation that affects dogs also affects persons with disabilities to some extent. This link shows up in statutory definitions, is justified by social construction theory, and has been reified in case law. Thus, it is important to examine statutes like Ontario’s pit bull legislation (OPBL) in terms of their potential impact on persons with disabilities. Upon close examination, it appears that the legislation suffers from vague definitions, conflicting onus of proof, absence of fair process, and severe penalties, including imprisonment. Further, it contains no reference to dogs used by persons with disabilities. This means that there is potential for persons with disabilities to suffer negative consequences and a need to consider disability rights in dog-focused legislation. |
Article |
| US - Horse Slaughter- APHIS 2010 audit | Gil H. Harden /s/ Assistant Inspector General | OIG, USDA APHIS Administration Horse Protection Program , Audit Rep. 33601-2-KC, 32 (2010) | This report presents the results of the Office of Inspector General’s Animal and Plant Health Inspection Service Administration of the Horse Protection Program and the Slaughter Horse Transport Program. The September 20, 2010, written response to the official draft report is included with excerpts and the Office of Inspector General’s position incorporated into the relevant sections of the report | Article |
| From Microbe to Man | Mark O. Hatfield | 1 Animal L. 5 (1995) | This article discusses federal policy towards animal patenting, including the Senator's introduction of legislation to establish a National Ethics Advisory Board, and current issues in bioethics. | Article |
| Feral Cat Colonies in Florida: The Fur and Feathers are Flying | Pamela Jo Hatley | 18 J. Land Use & Envtl. L. 441 (2003) |
An enormous and growing population of free-roaming cats exists in Florida, posing a threat to the state's native animal species, and creating a serious public health concern. Proponents of trap-neuter-release (TNR) and maintenance of cat colonies have been pressing local governments to enact ordinances to permit establishment and registration of cat colonies in local jurisdictions. But TNR and managing large numbers of cats in colonies does not effectively control cat overpopulation. Additionally, federal and state wildlife laws designed to protect endangered and threatened species conflict with the practice of releasing non-indigenous predators into the wild. An intense public education campaign, together with licensing incentives, animal control laws that enforce high penalties against violators, and other methods of reducing the flow of non-indigenous species into the wild, are essential components to a long-term solution to pet over-population in general, and particularly to cat over-population and the resulting predation on wildlife. |
Article |
| Who Let the Dangerous Dogs Out? The German State's Hasty Legislative Action, the Federal Law on Dangerous Dogs and the "Kampfhunde" Decision of the Federal Constitutional Court | Claudia E. Haupt | 2 Journal of Animal Law 27 (2006) |
The article examines the legislative measures taken at the state and federal level in Germany to address the issue of dangerous dogs and the related decision of the Federal Constitutional Court which upheld an import ban on dangerous dogs while striking down a breeding ban and parts of a newly introduced section to the Criminal Code. |
Article |
| THE NATURE AND EFFECTS OF CONSTITUTIONAL STATE OBJECTIVES: ASSESSING THE GERMAN BASIC LAW’S ANIMAL PROTECTION CLAUSE | Claudia E. Haupt | 16 Animal L. 213 (2010) |
In 2002, an animal protection clause was added to Article 20a of the German Constitution. Designed as a state objective, the nature of the animal protection clause decidedly influences its application. As a state objective, it is directed at all three branches of government, and each branch must ensure within its sphere of competence the realization of the stated goal. The Federal Constitutional Court has yet to address the precise scope of the provision. This Article examines the likely future effects of the animal protection clause. With respect to the legislative branch, this Article addresses the question of whether the state objective demands that a standing provision be created for animal protection groups. With respect to the judicial and executive branches, this Article focuses on three fundamental rights that are most likely to come into conflict with animal protection: freedom of religion; freedom of teaching, science, and research; and freedom of artistic expression. Seismic shifts in constitutional adjudication are not likely to be expected. The provision does not give rights to animals. However, at a minimum, it prohibits circumventing the Animal Protection Act by construing that statute in light of the Constitution. The animal protection clause removed the disproportionality between certain fundamental rights and the interest in animal protection. It mandates a balancing of constitutional interests and eliminates doubts regarding the constitutionality of the Animal Protection Act, especially with respect to the fundamental rights discussed. |
Article |