Summary:
This article provides a short history of the development of veterinary malpractice as a cause of action and also explores the elements of a malpractice suit. It further delineates the concepts of standard of care, proximate cause, and res ipsa loquitur. Defenses to malpractice actions are also discussed.
Summary:
This in-depth article presents the various categories of service animals and the functions they perform. It then examines the federal and state laws and regulations that control access to public accommodation and transportation. The authors conclude by suggesting that a uniform system of licensing and tagging would alleviate the confusion presented by current laws.
Summary:
This Article develops the proposition that non-human animals can possess and exercise legal rights. This proposal is supported by the fact that our legal system already accommodates a number of animal interests within the criminal anti-cruelty laws and civil trust laws. To make a more coherent package of all animal-related public policy issues, it is useful to acknowledge the existence of a fourth category of property, living property. Once separated out from other property, a new area of jurisprudence will evolve, providing legal rights for at least some animals. This Article establishes why animals should receive consideration within the legal system, which animals should be focused upon, what some of the legal rights might be, and how the traditional rules of property law will be modified to accommodate the presence of this new category of property.
Summary:
On September 25, 1999, a distinguished group of legal scholars met in New York City at the 5th Annual Conference on Animals and the Law, hosted by the Committee on Legal Issues Pertaining to Animals of the Association of the Bar of the City of New York, to discuss how the law classifies nonhuman animals and whether the current legal framework is in accord with scientific understanding, public attitudes, and fundamental principles of justice. This conference took a monumental step in facilitating discussion about, and furthering the cause of, the legal protection and welfare of nonhuman animals.
Summary:
The article considers the role of companion animals in today's family in the United States. It explores the legal aspect of pets as it relates to their status as property, as well as the issues of separation and estate planning for such animals.
Summary:
This article examines the gap in the legislation and explore how this dilemma has come to pass. First it explores what breed-specific legislation actually is, and how it has developed in modern society. Next, this article addresses the scope of current emergency preparedness statutes. Finally, this article attempts to address the issues that are bound to arise in the future.
Summary:
This paper examines the current wildlife laws, both federal and state, to determine what laws may apply to managing the feral cat population. It begins with a determination of how domestic cats are classified under these laws. Since many laws are vague, the intent of the legislatures is investigated to determine if domestic cats were meant to be defined as a non-indigenous species. The focus then shifts to indicate ways to control the feral domestic cat population.
Summary:
The article explores the connection between cruelty to animals and human violence. In particular, it examines animal abuse perpetrated by adolescents as a predictor of later human violence.
Summary:
The rate of private possession of wild animals in the United States has escalated in recent years. Laws at the federal, state, and local levels remain woefully inadequate to the task of addressing the treatment and welfare of the animals themselves and many animals “slip through the cracks,” resulting in abuse, neglect, and often death. This article explores numerous facets of problems inherent in the private possession of exotic animals.
Summary:
Part I of this article discusses the scope of the illegal wildlife trade and the various federal statutes addressing that problem. Part II discusses the legislative history of the Lacey Act and its companion statute, the Black Bass Act, including their ultimate combination into one law in 1981 and the Lacey Act's latest amendments in 1988. Part III discusses the elements necessary to prove a Lacey Act trafficking violation, analyzes judicial interpretations of the Act's statutory language, and considers available sanctions. Part IV discusses issues that may arise in Lacey Act litigation, including specific requirements of the underlying "predicate" law.
