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Displaying 611 - 620 of 1098
Title Author Citation Alternate Citation Agency Citation Summary
Judicial Recognition of The Interests of Animals - A New Tort David Favre 2005 Mich. St. L. Rev. 333

The article examines how the interest of humans are represented in the legal system and how the interests of animals might better be brought into the legal system with the creation of a new tort for the benefit of animals.

Just Say Neigh: A Call for Federal Regulation of Byproduct Disposal By the Equine Industry Mary W. Craig 12 Animal L. 193 (2005)

This article discusses the thousands of foals born each year that are bred for industrial purposes. These foals must then be disposed of as unwanted byproducts of the equine industry. PMU mares are bred to collect urine rich with hormones used in the production of a drug to treat menopausal symptoms. Nurse mares are bred to produce milk to feed foals other than their own. If adoptive homes cannot be found quickly, both industries dispose of their equine byproducts by slaughtering the foals, and sometimes the mares, for profit or convenience. This paper calls for an amendment to the Animal Welfare Act enabling the Department of Agriculture to regulate the PMU and nurse mare farms, and requiring both industries to responsibly dispose of these horses.

Justice for Dusty: Implementing Mandatory Minimum Sentences for Animal Abusers Kirsten E. Brimer 113 Penn St. L. Rev. 649 (Fall 2008)

This Comment discusses the problem with the current punishments for animal abuse violations and analyzes why states should adopt statutes that require mandatory minimums in animal brutality convictions. Part II focuses on the psychological problems associated with animal cruelty, including the relationship between animal cruelty and violence toward humans. Part III examines the structure of current animal abuse legislation. Part IV concentrates on the advantages of applying mandatory minimum sentences to the anticruelty provisions of animal abuse statutes.

Keeping Bad Science Out of the Courtroom: Why Post-Daubert Courts Are Correct in Excluding Opinions Based on Animal Studies From Birth-Defects Cases Dije Ndreu 36 Golden Gate U. L. Rev. 459 (2006)

This Comment argues that courts should keep animal studies out of the courtroom in birth-defects toxic-torts cases. Part I sets forth the evidentiary standards used to determine the admissibility of evidence and then presents background information on birth defects and how they are studied. It also discusses the problems inherent with animal tests and the contrasting value of human data. Part II explores the admissibility of animal studies in post-Daubert birth-defects cases and argues that exclusion is warranted. Part II then urges redirection of resources to human studies and promising alternatives to animal tests, and it discusses the impact of excluding expert opinions based on animal tests from court cases. Part III concludes by summarizing the case against admission of animal studies and the positives that would result from exclusion.

La Protection De L’Animal En Droit Francais Stephanie Van Oosterom Animal Legal & Historical Center

Summary of the approach of the French legal system to the consideration of Animals. In French only.

Lab-Grown Meat: Ban or Buy? Alexis Andrews Animal Legal & Historical Center This article concerns the recent technological advancement of the lab-grown meat industry and subsequent backlash from some states that have enacted bans on lab-grown meat products. Florida and Alabama have enacted bans, and some states have proposed special labeling laws for lab-grown meat products. This article discusses the controversy that led to these laws, some of the pros and cons of lab-grown animal products, and viability of replacing animal agriculture with lab-grown meat in the long term.
Law and Public Policy: Future Directions for the Animal Protection Movement Wayne Pacelle 11 Animal L. 1 (2005)

This article presents an overview by Wayne Pacelle of the future of the animal protection movement.

Law Review - Cruelty - Cosmetics DELCIANNA J. WINDERS 81 NYU L REV 254 "Cruelty-free" labeling claims are presently unregulated, resulting in market failure. Consumers make purchasing decisions with incomplete and misleading information and are therefore unable to encourage manufacturers to follow consumer preferences and alter their animal testing practices. Building on scholarship in reflexive law, this Note outlines a strategy for remedying the proliferation of misleading "cruelty-free" claims through standardization. Winders argues that standardization can most effectively and efficiently be achieved through a voluntary third-party certification program that sets a labeling claims, buttressed by traditional false advertising law.
Law Review - Non Economic Pet Damages - Torts Victor E. Schwartz and Emily J. Laird 33 PEPP. L. REV. 227-273 (2006) For more than two hundred years, the traditional rule in pet law has been to limit damages to the market value of the animal that has been injured or killed.This system has worked well, resulting in low and predictable costs of veterinary services. Yet, some have regarded the system as overly harsh because of the very strong emotions pet owners may feel when a pet is injured or dies because of another’s negligence. As a result, advocates of change to the traditional damage rules in animal cases encourage courts and legislatures to award non-economic damages in pet cases. This article will describe these potential changes and the public policy implications of changing the rules of damages in animal law.
Laws and Regulations Concerning Equine Transport Rebecca F. Wisch Animal Legal & Historical Center

This document provides an overview of the 11 states that have laws or regulations concerning the transportation of horses that specifically prohibit the use of double-deck trailers.

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