Results
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| The Alaskan Wolf War: The Public Trust Doctrine Missing In Action | Edward A. Fitzgerald | 15 Animal L. 193 (2008) |
This article argues that the courts should have invoked Alaska’s public trust doctrine, which prevents the granting of preferences over state natural resources. The courts should have also rigorously examined the BOG’s wolf killing policies and protected the wolf as a valuable public trust resource. The BOG’s wolf killing policies have not been supported by the public, leading to ballot initiatives to protect the wolf. Congress is currently considering the Protect America’s Wildlife Act, which will prevent the same day airborne hunting of Alaska’s wolves. |
Article |
| Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse | Caroline Forell | 15 Animal L. 53 (2008) |
In this essay, the author discusses using Susan Glaspell’s 1917 short story A Jury of Her Peers to teach about the connection between domestic violence and animal abuse. |
Article |
| Apes, Darwinian Continuity, and the Law | Roger S. Fouts | 10 Animal L. 99 (2004) |
This article proposes that the delusional worldview that "man" is outside and above the other "defective" organic beings in nature is completely without empirical scientific foundation. An alternative and harmonious way of being is presented that is derived from the acceptance of the biological reality of continuity. |
Article |
| The Inadequate Protection of ANnimals Against Cruel Animal Husbandry Practices Under United States Law | Nicole Fox | 17 Whittier L. Rev. 145 |
This article looks at available legal protections for all farmed animals, and recommends that Congress enact stricter animal welfare laws. |
Article |
| Using Special Masters To Advance The Goals Of Animal Protection Laws | Alexis C. Fox | 15 Animal L. 87 (2008) |
This article suggests that courts should appoint special masters to large-scale animal abuse cases. The work of special masters in two recent high profile cases, Sarah v. PPI and Vick, demonstrate that special masters can help advance the goals of the animal protection movement in three ways. First, special masters can ensure that individual animal victims are cared for once they are rescued from large-scale abuse situations. Second, court orders that appoint special masters to large-scale animal abuse cases insert a best-interest-of-the-animal analysis into formal court proceeding. Finally, court appointed special masters may encourage better enforcement of animal protection laws by taking responsibility for animal victims from local officials. In addition to advocating for special master appointments in large-scale animal abuse cases, this article discusses some of the possible barriers courts and advocates might face when appointing special masters to large-scale animal abuse cases. |
Article |
| ON THE "NECESSARY SUFFERING" OF NONHUMAN ANIMALS | Michael Allen Fox | 3 Animal L. 25 (1997) | This article extends Gary Francione's analysis of these concepts from Rain without Thunder within the context of animal experimentation. Michael argues that Francione's work leads us to the conclusion that the notions of necessary and unnecessary suffering are empty of meaning, and no significant difference exists between them. That humans cause animals to suffer in abundance is reality. That their suffering is necessary in order to fulfill human purposes is fantasy. | Article |
| Animal Rights Theory and Utilitarianism: Relative Normative Guidance | Gary L. Francione | 3 Animal L. 75 (1997) (html version) |
Animal “rights” is of course not the only philosophical basis for extending legal protections to animals. Another, competing, basis is based on the theory of utilitarianism – the outright rejection of rights for all species and instead advocacy for equal consideration. This is the view espoused by Peter Singer, author of Animal Liberation. In this article, Professor Francione compares animal rights with utilitarianism, discussing the pros and cons of each |
Article |
| Animals as Property | Gary L. Francione | 2 Animal L. I (1996) (html version) |
Animals are property, not persons. And yet, at the same time, they are treated differently than other forms of property such as cars, toasters, and crops. Professor Francione discusses the legal status of animals and argues that, given the law as it now stands, before any real gains can be made in animal rights, either theory or in practice, the legal classification of animals must change from that of good to something more closely resembling personhood. |
Article |
| Animals as Property | Gary L. Francione | 2 Animal L. i (1996) (pdf version) | This article gives a brief introduction of the social attitudes regarding animals as property. | Article |
| ANIMAL RIGHTS THEORY AND UTILITARIANISM: RELATIVE NORMATIVE GUIDANCE | Gary L. Francione | 3 Animal L. 75 (1997) (pdf version) | Mr. Francione examines the philosophies of Peter Singer and Tom Regan and concludes, in part, that there is nothing in rights theory that necessarily precludes the animal advocate from pursuing incremental legislative or judicial change; however, he asserts that we cannot speak meaningfully of legal rights for animals as long as animals are regarded as property. | Article |