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Displaying 1021 - 1030 of 1098
Title Author Citation Alternate Citation Agency Citation Summary
THE THIRSTY COW AND AN IMPORTANT DISTINCTION Priscilla Cohn 3 Animal L. 31 (1997) "In Rain Without Thunder Gary Francione makes a number of very interesting and original points. Space will not permit a full discussion of all these points, but I would like to mention at least two points regarding his after-the-fact analysis of PETA's campaigns and the danger of using -other types of exploitation, such as sexism, to further the animal rights movement I will then discuss in more detail a third point involving a distinction Francione makes that clarifies a number of problems and has great significance for the animal rights movement."
THE UNIVERSAL DECLARATION OF ANIMAL RIGHTS OR THE CREATION OF A NEW EQUILIBRIUM BETWEEN SPECIES Jean-Marc Neumann 19 Animal L. 63 (2012) This Essay is a translation of the author’s original French text. It examines the Universal Declaration of Animal Rights of 1978, which lays out fundamental rights for animals in fourteen articles. This Essay explores the origins of and influences behind the original Declaration, as well as details the changes which were brought to it in a revised version in 1989. It then examines the scope of the Declaration and why it has not had the far-reaching implications its authors once hoped for. Finally, this Essay questions what the Declaration means for the future of animal rights and whether the document will have any lasting impact.
The welfare of greyhounds in Australian racing: has the industry run its course? Alexandra McEwan and Krishna Skandakumar 6 AAPLJ 53 Australia’s greyhound racing industry is reportedly the third largest in the world. Over fifty racetracks operate across the country, with the majority located in New South Wales. In 2009 the total 'stake money,' that is, the amount put at risk by punters, was $73,773 million nationwide. This article explores welfare issues in the greyhound industry, arguing that, despite recent regulatory reforms and industry efforts to improve welfare standards, there is sufficient evidence available to conclude Australia should follow the lead set by the USA and begin dismantling a sporting industry which has run its course. In short, this form of animal use can no longer be justified as 'necessary.'
The World Trade Organisation Rules: A Legal Analysis of Their Adverse Impact on Animal Welfare Peter Stevenson Journal of Animal Law

An in-depth analysis of the language of WTO's GATT treaty requirements as they relate to state's attempts to provide for the welfare of animals.

The World Trade Organization Rules: A Legal Analysis of their Adverse Impact on Animal Welfare Peter Stevenson 8 Animal L. 107 (2001)

Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.

There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability With A Negligence Standard In Dog Bite Cases Lynn A. Epstein 13 Animal Law 129 (2006)

Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a child’s torts, and property owner liability for injuries caused by his property. The Author concludes by proposing a negligence standard to be applied in dog bite cases.

Think or be Damned: The Problematic Case of Higher Cognition in Animals and Legislation for Animal Welfare Lesley J. Rogers and Gisela Kaplan 12 Animal L. 151 (2005)

Recent discoveries of higher cognitive abilities in some species of birds and mammals are bringing about radical changes in our attitudes to animals and will lead to changes in legislation for the protection of animals. We fully support these developments, but at the same time we recognize that the scientific study of higher cognition in animals has touched on only a small number of vertebrate species. Accordingly, we warn that calls to extend rights, or to at least better welfare protection, for the handful of species that have revealed their intelligence to us may be counterproductive. While this would improve the treatment of the selected few, be they birds or mammals, a vast majority of species, even closely related ones, will be left out. This may not be a particular problem if being left out is only a temporary state that can be changed as new information becomes available. But, in practice, those protected and not protected are separated by a barrier that can be more difficult to remove than it was to erect in the first place. We summarize the recent research on higher cognition from the position of active researchers in animal behavior and neuroscience.

Throwing Caution to the Wind: The Global Bear Parts Trade Adam M.; Perry Nancy V. Roberts 6 Animal L. 129 (2000)

A discussion of the scope of the bear parts trade around the world, and threats to bears caused by the demand for their gallbladders for use in traditional Chinese medicine. Discusses the failure of both international and domestic law to accurately address the problem, and the need for additional legislation.

THROWING CAUTION TO THE WIND: THE GLOBAL BEAR PARTS TRADE Adam M. Roberts and Nancy V. Perry 6 Animal L. 129 (2000) The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. The current approach of trying to regulate the legal bear parts trade on a state-by-state basis in the United States and on a country-by-country basis globally has failed, and has actually facilitated the illegal trade. It is time to recognize the usefulness, if not the necessity, for national legislation uniformly prohibiting commercialization of bear viscera. In addition, an international moratorium on global trade in bear parts and derivatives is long overdue and much needed.
THUNDER WITHOUT RAIN: A REVIEW/COMMENTARY OF GARY L. FRANCIONE'S RAIN WITHOUT THUNDER: THE IDEOLOGY OF THE ANIMAL RIGHTS MOVEMENT Steven M. Wise 3 Animal L. 45 (1997) In Rain Without Thunder: The Ideology of the Animal Rights Movement, Professor Gary L. Francione argues that the modern animal rights movement is propelled similarly like the American abolitionist movement. "New Welfarists," he claims, fruitlessly pursue the goal of ending the exploitation of nonhuman animals through measures that better their welfare but cannot result in what matters most, the abolition of their legal status as property. In this essay, Steven Wise argues that New Welfarism does not contain a "structural defect," but a "structural inconsistency" that is necessary to achieve Gary Francione's goal of abolishing the property status of nonhuman animals in a manner consistent with the moral rights of nonhuman animals.
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