Animal Law Review, Volume 4 (1998)
INTRODUCTION
THE CONFLICT BETWEEN SPECIES IN AN EVER MORE CROWDED WORLD
Dr. Jane Goodall
ARTICLES
ANOTHER WEAPON FOR COMBATING FAMILY VIOLENCE: PREVENTION OF ANIMAL ABUSE
Charlotte Lacroix
In this article, the author postulates that there is more than a mere coincidence between various forms of family violence. Furthermore, that acts of cruelty towards family pets are a form of family violence that has been largely unrecognized by the legal community. Admitting that much research still needs to be done to establish that there is a link between abuse towards people and abuse towards animals, the author invites the reader to consider this multi-victim approach to family violence and offers the strengthening of animal cruelty laws as a solution to this grave societal problem.
RECOVERY OF COMMON LAW DAMAGES FOR EMOTIONAL DISTRESS AND LOSS OF SOCIETY FOR THE WRONGFUL DEATH OF A COMPANION ANIMAL
Steven M. Wise
Mr. Wise analyzes experiential recognition of the bond that exists between human companions and companion animals in the context of possible recovery of tort damages for the wrongful death of a companion animal. He demonstrates that companion animals are often seen by their human companions as members of the family (holding much the same status as children). He discusses historical aspects of the common law as they relate to current tort law in such cases and examines the tension that exists between principle and policy.
OREGON DOG CONTROL LAWS AND DUE PROCESS: A CASE STUDY
Christopher C. Eck & Robert E. Bovett
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.
DOLPHIN-SAFE TUNA: THE TIDE IS CHANGING
by Kristin L. Stewart
Ms. Stewart reviews the history of the tuna-dolphin controversy in the Eastern Pacific Ocean. She explores international agreements and U.S. law that mandate dolphin-safe tuna fishing practices. Finally, Ms. Stewart reviews the steps taken by the United States, including embargoes against other countries' tuna, to force tuna-fishing nations to use dolphin-safe practices.
ESSAYS
THE FRUITS OF OUR LABOR: RESULTS FROM THE FIRST SESSION OF THE 105TH CONGRESS: 1997 FEDERAL LEGISLATIVE SUMMARY
by Nancy Perry
Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legislative agenda in is this area. She also provides a current legislative update for each bill involved.
COMMENTS
"SAVE THE WHALES" V. "SAVE THE MAKAH": THE MAKAH AND THE STRUGGLE FOR NATIVE WHALING
by Richard Kirk Eichstaedt
In 1997, the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneuvering by all of the concerned parties. Mr. Eichstaedt examines the history of the Makah whaling rights from the Tribe’s treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Americans reasserting a centuries-old custom.
CAN NONHUMAN ANIMALS FIND TORT PROTECTION IN A HUMAN-CENTERED COMMON LAW?
by Enger McCartney-Smith
The question of 'Rights allocation" typically hinges on society's distinction between legal and moral entitlement. Although many rights find support in both categories, not all rights grounded in societal morality are likewise accorded legal status. The animal rights movement, particularly in the last three decades, has advanced the recognition of nonhuman animals' moral entitlements, but corresponding legal rights have been slow to follow. This Comment explores this gap in nonhuman animals' rights allocation with an eye toward establishing a basis for a private right of intentional tort action. Through appeal to predominant tort jurisprudential theories, in conjunction with an examination of our scientifically and experientially grounded understanding of nonhuman animals, the Comment concludes that there is room in our current legal system for direct recognition of, and compensation for, intentional injurious behavior aimed at nonhuman animals.
IF ANIMAL RIGHTS ACTIVISTS COULD WRITE FEDERAL RESEARCH POLICY
by Vasanth R. Shenai
Mr. Shenai examines animal rights in the context of federal animal testing. After discussing current federal research policy and the positions held by animal rights advocates, he proposes a new statute to accommodate all interests in society as well as the rights of the animals being considered for testing.