This Note explores both the judicial and administrative underenforcement of the Animal Welfare Act in protecting the welfare of laboratory animals used for purposes of experimentation. Specifically, the Note suggests that judicial underenforcement is borne as a result of the difficulties of lodging a private cause of action under the Act or gaining standing under the alternative statutory scheme of the Administrative Procedure Act. It further suggests administrative underenforcement in describing the promulgated regulations of the Act as inadequate and the lack of self-policing mechanisms. Finally, the Note suggests some ways that enforcement can be made more effective in these two areas.
Katharine M. Swanson,
Carte Blanche For Cruelty: The Non-Enforcement of the Animal Welfare Act,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol35/iss4/7