Standing

In the Valley of the Dry Bones: Reuniting the Word Standing with Its Meaning in Animal Cases

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Summary:

This Article addresses the failure of the legal system's efforts to protect animals and suggests an effective solution: an action brought in the animal's name by a guardian ad litem. The article documents the failure of HMSA and AWA, exploring the connection between those failed statutes and the law of standing in relation to animals. It then moves beyond the law regarding standing and identifies some of the larger philosophical, ethical, and scientific issues that arise when serious consideration is given to the standing of animals, concluding that there is error in viewing them as the “other” whose interests and rights need not be considered.

This Article addresses the failure of the legal system's efforts to protect animals and suggests an effective solution: an action brought in the animal's name by a guardian ad litem. The article documents the failure of HMSA and AWA, exploring the connection between those failed statutes and the law of standing in relation to animals. It then moves beyond the law regarding standing and identifies some of the larger philosophical, ethical, and scientific issues that arise when serious consideration is given to the standing of animals, concluding that there is error in viewing them as the “other” whose interests and rights need not be considered.

Citizen Standing to Enforce Anti-Cruelty Laws by Obtaining Injunctions: The North Carolina Experience

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Summary:

North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.

North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.

Taxpayer Standing: A Step Toward Animalcentric Litigation

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Summary:

This comment takes a novel approach in animal law jurisprudence by evaluating the taxpayer standing doctrine and how animal welfare proponents may utilize it. The doctrine can potentially be used for public interest litigation whenever a link can be found between a social harm and the use of public monies.

This comment takes a novel approach in animal law jurisprudence by evaluating the taxpayer standing doctrine and how animal welfare proponents may utilize it. The doctrine can potentially be used for public interest litigation whenever a link can be found between a social harm and the use of public monies.