Results
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| Living Property: A New Status for Animals Within the Legal System | David Favre | 93 Marq. L. Rev. 1021 (2010) |
This Article develops the proposition that non-human animals can possess and exercise legal rights. This proposal is supported by the fact that our legal system already accommodates a number of animal interests within the criminal anti-cruelty laws and civil trust laws. To make a more coherent package of all animal-related public policy issues, it is useful to acknowledge the existence of a fourth category of property, living property. Once separated out from other property, a new area of jurisprudence will evolve, providing legal rights for at least some animals. This Article establishes why animals should receive consideration within the legal system, which animals should be focused upon, what some of the legal rights might be, and how the traditional rules of property law will be modified to accommodate the presence of this new category of property. |
Article |
| American Wildlife Law - An Introduction | David Favre |
This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority. |
Article | |
| TWENTY YEARS AND CHANGE | David Favre | 20 Animal L. 7 (2013) |
This Introduction provides an overview of the evolution of animal law over the past twenty years, demonstrating how changes in the law, social awareness, and legal education have directly affected this field. This Introduction describes both the positive and negative changes that have taken place, from the banning of dogfighting and cockfighting by federal law and some state laws; a spread in voter-adopted legislation providing for the protection of agricultural animals; and movements to reduce the use of chimpanzees in animal research; to the limitations of the Animal Welfare Act; changes in the United States Department of Agriculture (USDA) policy lifting the ban on USDA inspection of horsemeat; discrimination of certain breeds of dogs through breed-specific legislation; and the weakening of a number of federal laws providing protection to wildlife. This Introduction also provides an overview of case law, discussing attempts to achieve standing for animals and differing approaches in calculating damages for harm to pets. With respect to legal institutions, there has been an increasing presence of animal law sections within the American Bar Association and state bar associations. Animal law has also expanded within legal education. This is evidenced by the emergence of animal law conferences, publications in animal focused law reviews and textbooks, animal law courses at prestigious law schools, and full-time professors specializing in the area of animal law. |
Article |
| Detailed Discussion of Dog Bite Laws | David S. Favre | Animal Legal & Historical Center |
This article provides a detailed discussion of dog bite law and liability. It includes an introduction to tort law as well as common torts involving dogs. An examination of strict liability and vicious propensity is also included. |
Article |
| Convention on Trade in Endangered Species (CITES) | David Favre |
Brief Summary of Convention on Trade in Endangered Species (CITES)
|
Topical Introduction | |
| Wildlife Jurisprudence | David Favre | 25 J. Envtl. L. & Litig. 459 | This article begins by briefly exploring the extent to which wildlife, historically and presently, have a place within our society, culture and legal system. Then, building upon the reality that wildlife, like humans, have personal interests in living their individual lives, suggests five principles for developing laws and programs to better accommodate wildlife interests in the legal system. Individuals, species and geographic groups are presented as focus points for thinking about wildlife interests. Additionally, the three possibilities of who should be the plaintiff for asserting wildlife rights are described: government, private parties, and the wildlife themselves. Finally, the article proposes new paths forward for our system’s wildlife with the goal that their interests in life and habitat can be more forthrightly balanced against competing human interests. | Article |
| Brief Summary of the US Animal Welfare Act | David Favre | Animal Legal & Historical Center |
This brief summary provides the main features of the US Animal Welfare Act (AWA) enacted in 1966, |
Article |
| Brief Summary of Convention on Trade in Endangered Species (CITES) | David Favre | Animal Legal & Historical Center |
This article provides an introduction to the operation and provisions of the international treaty CITES which has been signed by over 150 countries to control the trade of endangered species. |
Article |
| Debate Within the CITES Community: What Direction for the Future? | David Favre | 33 Natural Resources Journal 875 (1993) |
This article introduces the reader to the context and terms of the international treaty for the protection of endangered species (CITES) There is a focus on the attempt to deal with the concept of sustainable use as relates to wildlife by the various states of the world and nongovernmental organizations. |
Article |
| Integrating Animal Interests into Our Legal System | David Favre | 10 Animal L. 87 (2004) |
This article explores the obstacles to obtaining legal rights for animals both within the animal rights movement and within the broader political context. The author examines in which arena legal change might best be sought--the courts, the legislature, state governments, or the federal government. Finally, it makes a number of suggestions as to what type of laws would be the most successful in advancing the interests of animals. |
Article |
