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Displaying 851 - 860 of 1098
Title Author Citation Alternate Citation Agency Citation Summary
RECOVERY OF COMMON LAW DAMAGES FOR EMOTIONAL DISTRESS, LOSS OF SOCIETY, AND LOSS OF COMPANIONSHIP FOR THE WRONGFUL DEATH OF A COMPANION ANIMAL Steven M. Wise 4 Animal L. 33 (1998) Mr. Wise analyzes experiential recognition of the bond that exists between human companions and companion animals in the context of possible recovery of tort damages for the wrongful death of a companion animal. He demonstrates that companion animals are often seen by their human companions as members of the family (holding much the same status as children). He discusses historical aspects of the common law as they relate to current tort law in such cases and examines the tension that exists between principle and policy.
Redefining The Modern Circus: A Comparative Look At The Regulations Governing Circus Animal Treatment And America's Neglect Of Circus Animal Welfare Jacqueline Neumann 36 Whittier L. Rev. 167 First, this article explains how animals have entertained people for centuries. Next, the article addresses how animals are treated in the modern circus industry. Then, this article discusses the laws governing the circus industry both in the United States and in other countries. Lastly, this article explains where the animals may retire if the circus industry is prohibited from holding animals captive.
Regulating the Military's Survival Skills Training Under the Animal Welfare Act Salma Mavany 29 BCEALR 45 (2001)

The United States Military tortuously kills farm animals when teaching soldiers survival skills. Presently, there is no law that specifically protects these farm animals. This Note analyzes whether the Military's animal cruelty can be regulated under the Animal Welfare Act (AWA).

Regulation for Nonessential Experimental Populations of the Western Distinct Population Segment (DPS) of the Gray Wo Krista Cotter Michigan State University College of Law

This overview compares the proposed regulation (68 FR 15879) and the changes made in the recent final rule (70 F.R. 1286) that concerns the Western Distinct Population Segment for the Gray Wolf (Canis lupus).

Religious Exemptions -- Applicability to Vegetarian Beliefs Caroline L. Kraus 30 Hofstra L. Rev. 197-224 (2001)

This Note analyzes the likelihood that vegetarian beliefs will satisfy the requirements necessary to secure a religious exemption under the backdrop of New York's mandatory vaccination law, Public Health Law section 2164, and the accompanying case law. The author then presents a hypothetical challenge to 2164 by vegetarian parents, outlining arguments that might be brought by both sides. In the end, the author determines that the most practical approach for the courts to follow would be to adopt a broad definition of religion encompassing vegetarian beliefs, while stressing the sincerity of belief inquiry to weed out individuals not truly deserving of exemption.

Reparations as a Basis for the Makahs Right to Whale Russell C. D’Costa 12 Animal L. 71 (2005)

The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United Stated government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts by the federal government to compensate Native Americans for past wrongs. Next, an examination of the history and culture of the Makah tribe provides a greater understanding of the significance of whaling to the Makah. The essay then expounds on why permitting the tribe to engage in whaling is an acceptable form of reparations. Finally, arguments against the Makah’s whaling are also examined and critiqued.

Reporting Animal Cruelty Animal Rescue League Reporting Animal Cruelty (2018) The Reporting Animal Cruelty: The Role of the Veterinarian manual for Massachusetts is possible due to the collaborative efforts of Animal Folks, the Animal Rescue League of Boston, and the Cummings School of Veterinary Medicine at Tufts University, with funding by these organizations and the American Society for the Prevention of Cruelty to Animals (ASPCA). The purpose of this manual is to provide explanations of law and supporting materials so, as a veterinarian, you can develop protocols for your clinic or practice which can guide your actions should you or others face a suspected or known case of animal neglect, cruelty, or abuse. In addition to establishing protocols, information within the manual can also be used by veterinarians when assisting law enforcement in the investigation of animal cruelty cases. This manual is slanted more to smaller companion animals, though many of the principles and procedures described are applicable to horses, farmed animals, exotic animals, and wildlife.
Rescue Me: Legislating Cooperation Between Animal Control Authorities and Rescue Organizations Rebecca J. Huss 39 Conn. L. Rev. 2059 (2007)

Notwithstanding the overwhelming evidence that shows how important pets are to many people in the United States, the leading cause of death for dogs and cats in this country is euthanasia because of the lack of homes. Although progress has been made, conservative estimates are that between three and four million dogs and cats are euthanized each year. A successful program for implementing non-lethal strategies to control the pet population incorporates three prongs: (a) increasing adoptions, (b) increasing the number of animals sterilized and (c) increasing the number of animals retained in homes. This Article focuses on the legislative actions that should be taken immediately to implement these non-lethal strategies so that this needless euthanization can end.

Resolving Confusion in Pet Owner Tort Cases: Recognizing Pets' Anthropomorphic Qualities Under a Property Classification Lynn A. Epstein 26 SILULJ 31 (Fall, 2001)

The author examines the important role pets play in our lives in contrast with their nominal assessed market value by courts. The author then provides a uniform suggestion that will enable courts to standardize an owner's pet loss claim. Courts should continue to classify pets as property, yet relax the classification standard to permit a flexible market value analysis that includes the right to assert a punitive damage claim as a means of providing adequate and fair recompense to the grieving pet owner.

Responsibility in the "Sport of Kings": Imposing an Affirmative Duty of Care on the Primary Financial Beneficiaries of the Thoroughbred Horseracing Industry Caroline L. Mayberger 4 Stan. J. Animal L. & Pol'y 64 (2011) Horseracing industry participants must be held accountable for the wellbeing of retired racehorses. In Part I of this article, I explore the historic role of the horse in American society, and explain how “unwanted horses” become neglected, abused, abandoned, or shipped across U.S. borders to be slaughtered. In Part II, I address the unique susceptibility of thoroughbred racehorses to becoming unwanted horses, and how the wealth and glamour associated with horseracing serves to mask the problem. In Part III, I outline the legislation pertaining to horseracing, arguing that it does not adequately ensure the welfare of ex-racehorses. In Part IV, I explain that the burden for caring for these horses falls to under-funded private horse Rescue/Adoption/Retraining facilities (hereinafter “RAR facilities”). In Parts V and VI, I employ a loss-spreading rationale and the reasoning behind the “special relationship” doctrine, contending that the cost of providing adequate funds to RAR facilities should be imposed on the Primary Financial Beneficiaries (hereinafter “PFBs”) of the horseracing industry. In Part VII, I argue that this financial burden should be placed on PFBs in the form of “Participation Fees” proportional to the PFB’s level of investment in the industry. In Part VIII, I contend that this mandate could be carried out by either private state racing associations, the National Thoroughbred Racing Association, state governments, or the federal government. In Part IX, I further explore the logistics of implementing such a scheme.
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