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Michigan State University College of Law: Animal Legal & Historical Web Center


Professor David Favre - Editor-in-Chief.

Rebecca Wisch - Assistant Editor 

This site is approaching its sixth year since creation and we are pleased with our growth.  There are over 800 full text cases (US, Historical and UK) and over 1000 U.S. statutes fully available on the site, with Michigan and California being very comprehensive. More importantly, we have over 46 topics that give the viewer directions and comprehensive explanations on some of the more interesting issues of the animal area. We also have a number of legal articles addressing a wide variety of animal topics. This is the best way for non-lawyers to access the information. The international collection continues to expand. The navigation bar to the left allows access to all of our content; please review the categories available to click into the site 

 

It is now apparent that this will be an endless process, requiring the efforts of many individuals. A tax-deductible donation will help us expand and support the collection on this site. Your comments and suggestions are welcome.




New Release:


Pod cast of common issues

 

Vol. 3 - Journal of Animal Law (2007)

Info




Books Available:


Wanda Nash editor, Michigan Animal Law
David Favre editor, Federal Wildlife Laws (a reference book)
Conference Proceedings International Animal Welfare
David Favre, Animal Law: Welfare, Interests, and Rights


 

 

FREQUENTLY ASKED QUESTIONS ON DOG ISSUES*



 

* The links to the above questions are provided to give readers more information on general dog-related subjects and are not intended as legal advice.  All individuals are urged to contact licensed attorneys in their states regarding specific legal issues.



 

 

 

NEW!  DOG LAW CASE OF THE MONTH



 

City not liable for vicious dog attack even after prior complaints reported. In City of Delray Beach v. St. Juste, --- So.2d ----, 2008 WL 2261598 (Fla.App. 4 Dist.), the city of Delray Beach appeals a judgment for damages in favor of  plaintiff, who was injured by two loose dogs. Plaintiff was attacked and severely injured by two large dogs owned by a resident of Delray Beach, when the dogs escaped from the resident's fenced yard. The theory of liability was based on the city's knowledge, from prior complaints and an actual visit by an animal control officer, that these dogs were loose from time to time and dangerous. The city argued that the decision of the animal control officer to impound dogs is indistinguishable from the decision of a police officer to make an arrest, and a governmental body is not liable for such a decision by a police officer. This court agreed with the city, finding that the prior caselaw was controlling, and reversed the lower court's decision. The dissent, however, found that the prior case relied upon by the majority left room where compelling circumstances could subject a municipality to liability. As stated by Judge Hazouri, "This case in my judgment constitutes such compelling circumstances."

 



 

 

NEW!  AMAZING BUT TRUE ANIMAL LAWS



 

Did you know it's illegal to wrestle a bear in Arkansas? Or that you can't dye a baby chick in South Carolina or Massachusetts for a spring surprise? These animal laws may seem unusual, but they serve to protect some of the most vulnerable victims in our legal system. While most people are aware of major state and federal laws that protect various animal species, this new section will highlight some of the lesser-known or even bizarre laws across the country. Check back frequently to read more of these laws!

 



 

 

FREQUENTLY ASKED QUESTIONS FOR ATTORNEYS*



 

* The links to the above questions are provided to give readers more information on general dog-related subjects and are not intended as legal advice.  All individuals are urged to contact licensed attorneys in their states regarding specific legal issues.



 

 



NEW TOPICS AND CASES 
June 2008



 

New to the Web Center:

  • Polar Bears Declared "Threatened." Sec. Kempthorne issued a press release (pdf - 109.27 KB)  May 14th listing the polar bear as a threatened species under the ESA. This announcement follows the agency's protracted consideration process that was at issue in litigation. (Click here to read the case). To read more about threats facing polar bears, click here.
  • Indiana leads the way by officially making "domestic violence animal cruelty" a Class D felony.  It joins other states that have recognized the disturbing connection between animal abuse and domestic violence.  Read the Indiana law here.
  • The HSUS challenges the USDA's "regulatory loophole" that may allow downed cattle into the food system. This action was sparked by the national Hallmark/Westland recall, where the USDA recalled 143 million pounds of meat, some of which was used in school lunch programs. To read the HSUS's complaint, click here (pdf file 496.38 KB). To read the USDA regulation, click here.
  • Coyotes gain ground in Indiana. The Indiana DNR is proposing a change to its coyote hunting rules aimed at reducing the trapping of live coyotes to be used as "bait" for dog training. The DNR has prepared a pdf version of its proposed rule changes. (11.26 KB). According HSUS, lax regulations in Indiana have made the state a major live coyote export source for neighboring states. Click here to read the HSUS press release.

 

See the Map Page for the following maps:

Topics Added in 2007:

International Materials:

Interesting Links:

Virginia creates Web-based dangerous dog registry. In July, the Virginia Department of Agriculture & Consumer Services (VDACS) launched an interactive dangerous dog registry that enables people to check if dangerous dogs reside in their area. Legislation enacted in 2006 mandated the creation of this online registry in addition to other restrictions on owners. Click here to see it in action. 

Recently Added Articles:

The Price of Fame: CITES Regulation and Efforts Towards International Protection of the Great White Shark, Julie B. Martin, 39 Geo. Wash. Int'l L. Rev. 199 (2007).

Dysfunctional Downlisting Defeated: Defenders Of Wildlife V. Secretary, U.S. Department Of The Interior, Edward A. Fitzgerald, 34 B.C. Envtl. Aff. L. Rev. 37 (2007).

Veterinary Medicine: External Pressures on an Insular Profession and How Those Pressures Threaten to Change Current Malpractice Jurisprudence, by Gerald L. Eichinger, 67 Mont. L. Rev. 231 (Summer, 2006).

No Shelter from the Storm: How the execution of pets by law enforcement at Beauregard Middle School in St. Bernard Parish in the aftermath of Katrina violated the constitutional rights of pet owners, by Kelly A. Jenkins (2007).

In the Valley of the Dry Bones: Reuniting the Word "Standing" with its Meaning in Animal Cases, Elizabeth L. DeCoux, 29 Wm. & Mary Envtl. L. Pol'y Rev. 681 (Spring, 2005).

Death to Poochy: A Comparison of Historical and Modern Frustrations Faced by Owners of Injured or Killed Pet Dogs, by Jason R. Scott, 75 UMKC L. Rev. 569 (Winter, 2006).

The Salience of Species Difference for Feminist Theory, by Maneesha Deckha, 17 Hastings Women's L.J. 1 (Winter, 2006).

 

The Future of the African Rhinoceros: It's Anything But Black and White, by Robert Saxton, Animal Legal & Historical Center (2007).

 

Recently Added Cases - Rachel Kristol, Case Editor:       

 

Humane Soc. of U.S. v. Dirk Kempthorne, --- F.3d ----, 2008 WL 2245321 (C.A.D.C.). The Humane Society of the United States sought an injunction to prevent the lethal depredation of gray wolves. The district court granted the injunction but, while the case was on appeal, the United States Department of the Interior removed the gray wolf from the Endangered Species List.  After the gray wolf was removed, all parties agreed that the delisting of the gray wolf rendered the appeal moot. 

Lacy v. U.S., 2008 WL 2178099 (C.A. 6). The owner of a horse tried to enter his horse into the 64th Annual Tennessee Walking Horse National Celebration. Experts determined the horse was "sore," meaning the horse had an injury to or sensitization of its legs that induced a high stepping gait for which Tennessee Walkers are known. While the horse's owner contended that the soreness occurred as a result of  the West Nile Virus, he was eventually convicted with a violation of the Horse Protection Act, (15 U.S.C. §§ 1821-1831). This Court affirmed Lacy's conviction, finding that that substantial evidence supported the JO's conclusion that Lacy failed to rebut the statutory presumption of soreness.

Ocean Mammal Inst. v. Gates, Slip Copy, 2008 WL 2185180 (D.Hawai'i). Plaintiffs sued the Navy over the use of sonar; the Plaintiffs feared that the sonar would kill whales and other marine life.  This case dealt with the required production of documents the Defendant claimed were privileged and or work product material.  The Court found that the Defendant must hand over the material to the Plaintiffs because the documents were not in fact privileged.

 

U.S. v. Friday, --- F.3d ----, 2008 WL 1971504 (C.A.10 (Wyo.)). The Defendant, a member of the Northern Arapaho Tribe of Wyoming, was charged with violating the Eagle Act after he illegally shot a bald eagle for an important religious ritual. The Defendant claimed that prosecution was prevented by the Religious Freedom Restoration Act (RFRA). Friday claimed that the government failed to protect eagles killed when they strike power lines. The Court of Appeals held that the permitting process did not facially violate the RFRA and any difference in government's treatment of Native Americans taking eagles for religious purposes and power companies did not indicate that government failed to protect eagles in least restrictive manner. 

 

In re Knippling, 183 P.3d 365 (Wash.App. Div. 3,2008). The Defendant was convicted in the Superior Court in Spokane County, Washington of second degree assault and first degree animal cruelty.  The Defendant requested that he receive credit against his term of community custody for the extra 24 months' confinement time he served before he was re-sentenced.  The Court of Appeals held that the Defendant was entitled to 24 months credit against his term of community custody.

  





For the foreseeable future we do not expect to cover proposed legislation or international agreements relating to the ocean.

SITE DISCLAIMER: Opinions expressed on this site are solely those of the authors of the materials. Neither the College of Law nor Michigan State University endorses any of the opinions expressed on this site. Just as neither institution would be considered to endorse a view because the institution included in its library a book which contained a distinct viewpoint, likewise neither institution has adopted any position on the animal issues discussed on this site. The site is provided as an electronic library containing materials expressing a diversity of opinions.