Results
Title |
Author![]() |
Citation | Summary | Type |
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On Redefining the Boundaries of Animal Ownership: Burdens and Benefits of Evidencing Animals' Personalities | Geordie Duckler | 10 Animal L. 63 (2004) | What is it about the law’s archaic perception of animals that makes it falter on the brink of constructing a modern concept of animal ownership? Were animals as personalty appreciated in their fundamental distinctions from other personal properties, the law might be able to fashion a more sophisticated set of legal responsibilities for, and rewards of, such ownership. Progress toward achieving that refinement requires the law to embrace a set of related concepts: that animals can and do have personalities, as well as that evidence rules allow those personalities to be manifested through testimony in civil actions concerning an animal’s intent. As evidence doctrines on character and propensity expand and contract to address boundaries for these concepts, a fuller potential for property law may be effectively promoted as a result. Burdens (such as the new tort of negligent confinement) and benefits (such as a more reasoned acceptance of animal expression) await. | Article |
Detailed Discussion of Retail Pet Stores | Ashley Duncan | Animal Legal & Historical Center |
With such a large number of animals being housed and sold at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper examines the laws pertaining to the welfare of animals in retail pet stores at the federal and state level and comments on the welfare issues that still need to be addressed. |
Article |
Sale of Pets at Retail Pet Stores | Ashley Duncan |
Brief Summary of Laws Affecting Retail Pet Stores
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Topical Introduction | |
Overview of Retail Pet Stores | Ashley Duncan | Animal Legal & Historical Center |
Over half of all households in America have at least one pet. While some of these animals are available for adoption at local humane societies, most people buy their pets from retail pet stores. Since there are so many animals being housed at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper addresses what federal and state laws are in place to regulate these welfare issues. |
Article |
Brief Overview of Retail Pet Stores | Ashley Duncan | Animal Legal & Historical Center |
This brief overview discusses the welfare issues that arise at retail pet establishments. It also outlines the types of laws that cover such pet shops. |
Article |
Anti-Horse Slaughter Legislation: Bad for Horses, Bad for Society | Laura Jane Durfee | 84 Ind. L.J. 353 (Winter, 2009) |
Part I of this Note will discuss the domestic horse slaughter industry. It will examine what types of horses are sent to slaughterhouses and by whom, as well as how slaughterhouses operate. Part II will discuss the current state of horse slaughter legislation and the legislative histories that led to the current situation. Part III will discuss the forecast for equine welfare and will explain why the closure of the U.S. equine slaughter industry is detrimental to equine welfare, and Part IV will discuss the negative economic effects that will be felt by the abolition of the domestic slaughter industry. This Note concludes by calling for the repeal of state laws criminalizing the slaughter of horses for human consumption, the reopening of equine slaughterhouses in the United States, and the rejection of the proposed Prevention of Equine Cruelty Act of 2008. |
Article |
Banning Canned Hunts For The Greater Protection Of Animal Rights And Welfare And For the Preservation Of Hunters' Rights | Patrick Dykstra | Animal Legal & Historical Center |
This paper considers the issue of "canned hunts" and how the legal system deals with them. |
Article |
Reparations as a Basis for the Makahs Right to Whale | Russell C. DCosta | 12 Animal L. 71 (2005) |
The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United Stated government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts by the federal government to compensate Native Americans for past wrongs. Next, an examination of the history and culture of the Makah tribe provides a greater understanding of the significance of whaling to the Makah. The essay then expounds on why permitting the tribe to engage in whaling is an acceptable form of reparations. Finally, arguments against the Makah’s whaling are also examined and critiqued. |
Article |
EQUITY AS A PARADIGM FOR SUSTAINABILITY: EVOLVING THE PROCESS TOWARD INTERSPECIES EQUITY | Gwendellyn Io Earnshaw | 5 Animal L. 113 (1999) | The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent self-interests-as the embodiment and ultimate test of a truly sustainable system. By identifying the negative impacts of suppressing interspecies equity and citing examples of how to incorporate the sustainable ideal of interspecies equity, this article points the way toward a truly equity-based ethic of sustainability. | Article |
OREGON DOG CONTROL LAWS AND DUE PROCESS: A CASE STUDY | Christopher C. Eck and Robert E. Bovett | 4 Animal L. 95 (1998) | Mr. Eck and Mr. Bovett examine the inequities and inconsistencies in Oregon dog control laws and due process concerns arising from them. The authors outline constitutional requirements that need to be enforced to ensure protection against unreasonable government actions in cases involving these laws. | Article |