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Displaying 511 - 520 of 1098
Title Author Citation Alternate Citation Agency Citation Summary
Endangered Species Act Split-Listing Chart for Chimpanzees Hanna Coate Animal Legal & Historical Center This split chart details the legal status of chimpanzees based on whether they were born or imported in the US or in foreign countries.
Ensure Your Pet's Future: Estate Planning for Owners and Their Animal Companions Rachel Hirschfeld 9 Marq. Elder's Advisor 155 (2007)

This article discusses the increased desire among pet owners to provide care for their pets during life and even after death. Pet owners can now create enforceable legal instruments to provide care for their pets in the event of disability or death. The article alerts practitioners to specific considerations in drafting such agreements including arrangements for specific care and possible tax ramifications.

ENVIRONMENTALLY FRIENDLY RANCHING? AN INTERVIEW ON THE HIGH DESERT Lisa Johnson 6 Animal L. 77 (2000) The following is an interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef, a cooperative organization that his wife, Connie, helped start in 1986. Doc was on his cell phone while we talked, as he and Connie were on their way to Portland from their High Desert Ranch in Brothers, Oregon to give a talk to an agricultural group. Connie was driving while Doc and I spoke. They have a rule against driving and talking on the phone at the same time. I agreed that was probably a good policy.
Equitable Self-Ownership for Animals David Favre 50 Duke Law Jour. 473 (2000)

This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggests that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal.

EQUITY AS A PARADIGM FOR SUSTAINABILITY: EVOLVING THE PROCESS TOWARD INTERSPECIES EQUITY Gwendellyn Io Earnshaw 5 Animal L. 113 (1999) The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent self-interests-as the embodiment and ultimate test of a truly sustainable system. By identifying the negative impacts of suppressing interspecies equity and citing examples of how to incorporate the sustainable ideal of interspecies equity, this article points the way toward a truly equity-based ethic of sustainability.
Ethical Management of Invasive Species The Burmese Python Kaela S. Sculthorpe Animal Legal & Historical Center Burmese pythons and other invasive species wreak havoc on local environments and threaten biodiversity globally. Beginning with an overview of the unique challenges posed by the Burmese python in Florida, this article addresses invasive species laws and management that currently exist both in the United States as well as across the globe. The current method for addressing the complications created by the pythons is to capture and destroy them. This process is not the most effective means of addressing biodiversity loss as Burmese python populations are now declining in its native habitat due to overexploitation. The following discussion proposes that these pythons not be captured and killed, but rather humanely captured then released back into its native habitat. This is a logical alternative because (1) capture and release is a more ethical solution and (2) capture and release promotes biodiversity. In addition to managing the current threat of these invasive species, countries must also work to prevent the future growth of unwanted populations. In order to successfully rid South Florida of the Burmese python, while preventing the future spread of invasive species, the laws that allow these invasions to happen must change. This article will explore state and federal controls regarding the management of invasive species as well as offer solutions to strengthening these protections.
European Union Legislation on the Welfare of Farm Animals Peter Stevenson Compassion in World Farming

European Union (EU) law contains a range of helpful provisions designed to protect farm animals on-farm, during transport and at slaughter. The Treaty on the Functioning of the European Union recognises animals as “sentient beings” and requires the EU and its Member States, when formulating and implementing their policies in certain key areas to pay “full regard to the welfare requirements of animals”. EU law has prohibited some of the worst aspects of industrial livestock production: veal crates have been prohibited from 2007, barren battery cages for egg-laying hens from 2012 and sow stalls (gestation crates) are prohibited (except during the first four weeks of pregnancy) from 2013. This article describes and evaluates the above legislation and indicates the scientific research on which it is based. Nonetheless, EU law has to date only gone part way; substantial and far-reaching fresh legislation is needed before the EU can claim to have a body of law which properly ends the suffering inherent in industrial farming and legislates for a positive state of well-being for farm animals.

Evading Extinction: A 21st Century Survey of the Legal Challenges to Wild Siberian Tiger Conservation Julie Santagelo 1 Journal of Animal Law 109 (2005)

The Amur tiger, like all tigers, is threatened by its high black market value as an ingredient in traditional Chinese medicine. In fact, the illegal wildlife generates up to ten billion United States dollars per year, trailing only the illegal narcotics and arms trade in annual revenue. The 1989 opening of the Russian-Chinese border exacerbated this illegal trade within the Russian Federation. The Amur tiger also suffers from a reduction of its prey base due to subsistence poaching of ungulate species and rampant logging. This reduction in wild prey has resulted in increased tiger-human conflicts such as livestock depredation, further reducing the locals’ incentive to protect tigers.

Every Dog Can Have Its Day: Extending Liability Beyond the Seller by Defining Pets as “Products” Under Products LIiability Theory Jason Parent 12 Animal L. 241 (2005)

Is a pet a “product”? A pet is a product for purposes of products liability law in some states, and as this article will show, the remaining states should follow suit. Every year, thousands of “domesticated” animals are sold to consumers who are uninformed as to the animal’s propensities or to the proper method of animal care. In some instances, these animals are unreasonably dangerous in that they spread disease to humans or attack, and possibly kill, unwitting victims. Improper breeding and training techniques and negligence in sales have led to horrific injury. This comment will demonstrate how merely considering pets as products opens up new theories of liability for the plaintiff’s lawyer, offering a deeper base of defendants who are both morally and legally at fault. From the standpoint of a consumer advocate and with concern for both human and animal welfare, the author proposes employing products liability theory to the sale of domesticated animals. By making sellers of “defective” animals accountable for personal injury that these animals cause, the quality of the animals bred and sold will likely improve. Where it does not improve and injury results, the victim may have recourse beyond the confines of contract remedies. Products liability theory is a lawful and needed method for preventing future harm and providing for a healthier human and animal kingdom.

Evolving Functions of Service and Therapy Animals and the Implications for Public Accommodation Access Rules John Ensminger and Frances Breitkopf Animal Legal & Historical Center

This in-depth article presents the various categories of service animals and the functions they perform. It then examines the federal and state laws and regulations that control access to public accommodation and transportation. The authors conclude by suggesting that a uniform system of licensing and tagging would alleviate the confusion presented by current laws.

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