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Title Author Citation Alternate Citation Agency Citation Summary
Natural Behavior Jeffrey Moussaieff Masson 16 Animal L. 1 (2009)

This introduction to Volume 16 is provided by Jeffrey Moussaieff Masson, author of such book as When Elephants Weep, and The Pig Who Sang. to the Moon.

Nelson v. State Board of Veterinary Medicine: The Commonwealth Court Carves A Sharper Definition of Veterinary Malpractice Kim Eileen Bell 16 Widener L.J. 473 (2007)

This survey provides a foundation of some basic animal law doctrine, as well as the current state of the law of veterinary malpractice in the United States and, more narrowly, in Pennsylvania. It then examines the Nelson case and how the Commonwealth Court came to its conclusion that rude behavior toward a human client does not constitute malpractice of the animal patient. This survey then renders an evaluation and critique of the Commonwealth Court's decision from the viewpoint of administrative law.

Never Enough: Animal Hoarding Law Courtney G. Lee 47 U. Balt. L. Rev. 23 (2017) ABSTRACT Animal hoarding, a disorder that causes sufferers to acquire animals compulsively despite the inability or unwillingness to provide them with adequate care, is a widespread, costly, often underestimated problem that causes more animal suffering than all acts of intentional cruelty combined. Not only are animals harmed, but humans are as well, from dependents that live with hoarders to members of the surrounding communities to the hoarders themselves. Current laws do not address the issue effectively, and recidivism rates are close to 100%. This Article seeks to increase awareness of the animal hoarding problem and offers suggestions as to how the law might evolve to better manage and resolve these complex cases.
New Law to Ensure the Protection of Animals in Spain Teresa Gimenez-Candela Animal Legal & Historical Center Law 32/2007, of 7th November for the care of animals during their exploitation, transport, experimentation and sacrifice. The law is composed of a Preamble and is structured in three titles, and is completed by an additional provision and six final provisions. This Act provides, in compliance with the European Community mandate, a set of principles on the care of animals and a schedule of offences and penalties that gives legal effect to the obligations under current regulations. The Act also provides the foundation for the system of penalties. This is accomplished by establishing a common denominator policy under which the autonomous local communities may exercise their powers. That common denominator guarantees the consistency necessary for the operation of the applicable rules and ensures a minimum proportionality in the sanctions.
New Law to Ensure the Protection of Animals in Spain Teresa Gimenez-Candela Animal Legal & Historical Web Center

This articles give an over view of the 2007 Spanish law for the protection of animals - In English.

NEW ZEALAND’S ANIMAL WELFARE ACT: WHAT IS ITS VALUE REGARDING NON-HUMAN HOMINIDS? Paula Brosnahan 6 Animal L. 185 (2000) New Zealand's Animal Welfare Act has been touted as a world first in great ape protection, and that may be true. However, it has also been depicted as an act conferring basic legal rights on great apes, and that is an exaggeration. Challenging the legal status of great apes in any jurisdiction requires sound, factual propositions. Therefore, the background and breadth of New Zealand's protections must be understood before proponents of change employ them as precedent. This essay offers a brief history of the non-human hominid provisions of New Zealand's Animal Welfare Act.
No Pets Allowed: Housing Issues and Companion Animals Rebecca J. Huss 11 Animal L. 69 (2005)

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.

No Shelter from the Storm: How the Execution of Pets by Law Enforcement at Beauregard Middle School in St. Bernard Parish in the Aftermath of Katrina Violated the Constitutional Rights of Pet Owners Kelly A. Jenkins Animal Legal & Historical Center

This paper explores the Fourth Amendment rights of a dog owner when law enforcement executes his/her canine companion. This paper is framed around the experiences of St. Bernard Parish, Louisiana residents who evacuated to Beauregard Middle School during Hurricane Katrina.

NO WAY TO TREAT MAN’S BEST FRIENDS: THE UNCOUNTED INJURIES OF ANIMAL CRUELTY VICTIMS Samantha D.E. Tucker 19 Animal L. 151 (2012) As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders’ sentences only if they injure human victims. This Note considers the development of anti-cruelty laws and explores how sentencing guidelines, victim injury points, and other sentence enhancement mechanisms function in U.S. criminal justice systems. It examines how multiple states treat victim injury, focusing particularly on Florida where, in October 2011, a Florida Assistant State Attorney—in what was likely the first attempt of its kind—sought to score victim injury points against an offender who brutally stabbed a dog. By looking at legislative intent, and other persuasive authority, this Note argues that courts can and should enhance the sentences of offenders who victimize animals. It contends that legislatures should clear up any statutory ambiguity by making it explicitly clear that the criminal justice system should treat animals as victims. Using history and current trends for support, this Note argues that we should award the same number of victim injury points for animals as people. It also looks at several other facets of practical application, such as which animals would qualify as victims for the purpose of victim injury points and how we can make animal victims and victim injury points a priority in the criminal justice system.
Non-Economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule Victor E. Schwartz and Emily J. Laird 33 PEPP. L. REV. 227-273 (2006)

This article argues that allowing non-economic damages in pet cases is unsound public policy and contravenes traditional tort rules of damages. Further, the authors suggest that legislative attempts to cap non-economic damages in pet cases are not a helpful compromise. Allowing non-economic damages ignores established common law principles in tort law and will potentially harm animals by raising the cost of veterinary care.

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