Results
| Title | Author | Citation | Alternate Citation | Agency Citation | Summary |
|---|---|---|---|---|---|
| CAN NONHUMAN ANIMALS FIND TORT PROTECTION IN A HUMAN-CENTERED COMMON LAW? | Enger McCartney-Smith | 4 Animal L. 173 (1998) | 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 | ||
| Can the Injured Pet Owner Look to Liability Insurance for Satisfaction of a Judgment? The Coverage Implications of Damages for the Injury or Death of a Companion Animal | Mark Sadler | 11 Animal L. 283 (2005) | Much has been written in recent years regarding the important role pets play in our society and the legal consequences that have developed from that relationship. Both our courts and legislatures have recognized, in certain circumstances, the ability of a pet owner to recover from a wrongdoer in the event of negligent or intentional conduct that results in the death or injury of a companion animal. However, securing a damages award and recovering on a judgment secured may present the aggrieved pet owner with two entirely different challenges. Liability insurance coverage is critical to the latter concern. Although results can vary considerably by jurisdiction, questions such as the definition of covered damages and the operation of the intentional acts exclusion are likely to play a key role in any analysis. This paper provides a broad overview of some of the larger issues regarding coverage applicability, and illustrates the possible application of these principals by applying them to the facts of cases which have found damages for pet owners where their animals have been injured or killed as a result of negligent, reckless or intentional conduct. | ||
| Can We Stand for It? Amending the Endangered Species Act with an Animal-Suit Provision | Katherine A. Burke | 75 U. Colo. L. Rev. 633 (2004) | This article argues that the intent of the ESA would be realized if the standing requirements under the act were expanded to include an animal-suit provision in addition to the citizen-suit provision. The article begins with a brief discussion of the legislative history and the statutory requirements of the ESA, and then delineates the doctrine of standing generally. It concludes that the enactment of an animal-suit provision in the ESA would be consistent with the intent behind the ESA, would be a valid exercise of congressional power, would satisfy the principles inherent in the Court's approach to standing, and could be comfortably realized through next friend representation of qualified animal plaintiffs. |
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| Canada - Welfare - Dog Breeding | Amy Morris | Dog breeding is an unregulated industry in British Columbia and most of Canada, resulting in poor outcomes in some dogs’ welfare: genetic make-up, physical health, and mental health. This suffering in dogs results in subsequent costs to taxpayers and dog guardians. This study explores the question: How can British Columbia overcome the negative externalities surrounding the welfare and socialization of dogs in the dog breeding industry? Policies in five countries are reviewed, informed by legislation, publicly available data, and confidential interviews with key informants. Three policy options emerge from the findings: regulation, regulation with licensing and permissible inspection, or regulation, licensing, and mandatory inspection. Approaches are evaluated using a multi-criteria approach. The study recommends a comprehensive, measurable, and equitable regulation with licensing and permissible inspection. To be effective, this regulation should be implemented with adequate consultation, training, and public education. | |||
| Canada's Legal System in a Nutshell | Jacquelyn A. Shaw | Animal Legal & Historical Center | This document gives a brief summary of the structure of the Canadian legal system. |
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| Canadian Animal Anti-Cruelty Legislation | Charles Hall | Animal Legal & Historical Center | This paper examines the substance and history of animal anti-cruelty law in Canada. In doing so, it discusses the controversy surrounding the last amendments to the existing law (Bill C-50) introduced in parliament last year. |
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| Canadian Animal Law | Annie Belanger | Animal Legal & Historical Center | This article sets out for the reader how to research the full variety of animal issues for the Canadian legal system, with a focus on Ontario. |
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| Canned Hunts: The Other Side of the Fence | Fund for Animals | http://fund.org/library/documentViewer.asp?ID=42&table=documents | This article, reprinted with permission from The Fund for Animals' website, explains the activity referred to as 'canned hunting.' |
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| Canned Hunts: Unfair at Any Price | Fund for Animals | http://fund.org/library/documentViewer.asp?ID=338&table=documents | This article explores the issues surrounding "canned hunts." Section I provides an introduction and overview; explores the ethical objections to canned hunts based on standards generally accepted by the sport hunting community; raises questions about the appropriate legal analogy that should be applied to canned hunts; and discusses the serious animal health and public health issues raised by canned hunts. Section II catalogs the relevant statutes and regulations of each state with an example of a model ordinance relating to the regulation of canned hunts. |
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| Canning Canned Hunts: Using State and Federal Legislation to Eliminate the Unethical Practice of Canned "Hunting" | Laura J. Ireland | 8 Animal L. 223 (2001) | Ms. Ireland explores the methodologies, ethics, and dangers of canned hunting and offers ways to challenge the practice through existing and proposed state and federal statutes. In so doing, Ms. Ireland examines statutory law as it relates to exotic animals, the definition of "animal," anti-cruelty exemptions, and husbandry practices. Finally, the feasibility of statutory enforcement by agencies is examined. |