Research Animals

Summary:

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.

Summary:

The article examines animal testing by providing detailed background information on toxicity testing, product injury and consumer safety, and alternative testing. In addition, the article provides information regarding the agencies that oversee animal testing. Finally, the article analyzes federal and state laws that exist to monitor animal testing, specifically focusing on California legislation.

Summary:

Despite the increased availability of alternatives to the animal test model, laws and policies continue to be used as shields to justify the scientific use of animals in jurisdictions across the world. This article examines the legislative framework for animal research in Australia with a specific focus on the state of New South Wales. It also examines emerging international principles for the use of animals in scientific research.

Summary:

Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to protect human subjects, however, raise serious questions as to the safety and appropriateness of experimentation on animals. The federal government and medical community, since World War II, have used the Nuremberg Code and the federal “Common Rule” to determine how to conduct human experimentation ethically. Due to political or economic factors, government entities, hospitals, researchers, and pharmaceutical companies have continued to conduct human experimentation without the informed consent of their subjects. These human experiments have often achieved meaningless—or worse—devastating results. Because safeguards have failed with human experimentation, the federal and local governments, in conjunction with animal advocacy organizations, should take a series of concrete steps to eliminate an experimenter’s ability to cause pain, suffering, and unnecessary death to animals.

Summary:

This law review examines the nature of the arguments between animal rights advocates and those in favor of the continued use of laboratory animals for research; the parties and their positions will be identified. Consideration will be given to (1) a brief overview of the historical and philosophical basis of the animal rights movement, (2) an examination of whether animals and their particular advocates have standing to bring suit in the courts, (3) an examination of current federal and state regulations concerning laboratory animals and the effect of these laws upon recent court decisions, and (4) a discussion of proposed changes in the law and proposed alternatives to the use of laboratory animals.

Summary:

Students regularly encounter animal dissection in education, yet humane education receives little attention in animal law. This article analyzes the status of humane education laws in the United States. It discusses the range of statutory protections, from student choice laws to bans on vivisection. The article then analyzes the litigation options for students who do not wish to dissect, including constitutional claims and claims arising under student choice laws. The article concludes by calling for additional legislation to protect students who have ethical objections to dissection.

Summary:

Animal welfare has become a recent issue in the policy of the European Union. As a positive step in recognizing the unnecessary suffering of animals, the Cosmetics Directive will be the focus in the first part of this article. The amendments to the Cosmetics Directive to prohibit the testing of animals in cosmetics culminated in the case of France v. European Parliament and the Council of the European Union. Similar measures were adopted in California, which will be discussed in the second half the article.

Summary:

A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. Since agencies are given broad discretion in their decisions—even those based on science—this Comment argues for clear congressional guidelines in best science available directives, because only such guidelines would ensure greater agency compliance with congressional intent, give courts more direction in reviewing agency decisions under the APA, and, in the long run, maximize the scientific integrity of agency rules and decisions. In the environmental and wildlife protection contexts, this will ensure that agencies achieve Congress’s objectives, resulting in greater species protection.

Summary:

In light of the fact that today's consumers often want their products to be created in the most environmentally-, globally-, and animal-friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. This article investigates the ways that consumers can protect themselves from false advertising through the use of federal and state agencies, independent review, federal and state courts, and private attorneys general actions.

Summary:

This article develops a quick context for discussing the use of animals in scientific research.