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


Professor David Favre - Editor-in-Chief.

Rebecca Wisch - Associate Editor

Ann Schultz - Assistant Editor 

This site is approaching its seventh year since creation and we are pleased with our growth.  There are over 1000 full text cases (US, Historical and UK) and over 1100 U.S. statutes fully available on the site, with Michigan and California being very comprehensive. More importantly, we have over 50 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:

 

Customer Satisfaction Survey - will only take a minute or so. Please participate to help us improve the site and sign up for future newsletters.  Click here 


Pod cast of common issues

 

Vol. 5 - Journal of Animal Law (2009)

 


 

 


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

 

 

NEW!  QUESTION OF THE MONTH



 

Question of the month:

Which states have laws that prohibit or regulate the tethering or chaining of dogs? Click here to read the answer. 

Previous questions of the month topics:

Animal-related laws amended in 2008      Denver Breed Specific Legislation     

2008 Animal-related ballot measures        State laws on leaving pets unattended in vehicles

 

 



 

 

PRIOR ANIMAL LAW CASES



 

October, 2009:

Colorado Wild Horse and Burro Coalition, Inc. v. Salazar, --- F.Supp.2d ----, 2009 WL 2386140 (D.D.C.). Plaintiffs challenged the decision of the BLM to remove all the wild horses from the West Douglas Herd Area in Colorado.

 

Western Watersheds Project v. Dyer, 2009 WL 484438 (D.Idaho). Western Watersheds Project (WWP), an environmental group, brought this lawsuit to ban livestock grazing in certain areas of the Jarbidge Field Office (1.4 million acres of public land managed by the BLM in Idaho and northern Nevada). 

Luper v. City of Wasilla, --- P.3d ----, 2009 WL 2902504 (Alaska). The City of Wasilla, Alaska's denied plaintiff's application for a use permit in 2005 to run an eighteen-dog kennel. Plaintiff argued on appeal that Wasilla's former three-dog limit infringed on her property rights in both her land and her dog.

Youngstown v. Traylor, --- N.E.2d ----, 2009 WL 2634570 (Ohio). Defendant argued that YCO 505.19(b) (a Youngstown municipal oridnance regarding dangerous dogs) is unconstitutional and a violation of his procedural due process rights.

 

Previous Dog Law Case of the Month:

 

Gonzales v. Kissner , --- So.3d ----, 2009 WL 3029621 (La.App. 1 Cir.), 2008-2154 (La.App. 1 Cir. 9/11/09). Professional Rescuer's Doctrine does not bar recovery for animal control officer where dog owner's conduct was so "blameworthy" that court felt tort recovery was a necessary deterrence. 

 

Important Cases from 2008 - 2009

 



 

 

FREQUENTLY ASKED QUESTIONS ON DOG ISSUES*



 

Frequently Asked Questions About Dogs*

* 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.



 

 

DOG LAW CASE OF THE MONTH



 

Massachusetts court states that "knowledge of [a] breed and its propensities" may be a proper factor to consider in determining landlord's negligence. Nutt v. Florio, --- N.E.2d ----, 75 Mass.App.Ct. 482, 2009 WL 3321441 (Mass.App.Ct.). The dog, described as a pit bull terrier, was kept by a tenant of Florio's. Prior to the incident, the plaintiff's parents observed the dog's aggressive behavior and called the defendant on several occasions to complain. In applying common-law principles, the court found that recovery for the plaintiff is dependent upon evidence that the landlord knew or reasonably should have known that the dog had dangerous propensities. The court found that, while the defendants cannot be held strictly liable by virtue the dog's breed, "knowledge of that breed and its propensities may properly be a factor to be considered in determining whether the defendants were negligent under common-law principles." The order of summary judgment for defendant was reversed and the case was remanded.

 



 

 

AMAZING BUT TRUE ANIMAL LAWS




 

Florida has a unique program to nab wildlife offenders. Under the Endangered and Threatened Species Reward Program, the Commission posts rewards to persons responsible for providing information leading to the arrest and conviction of persons illegally killing or wounding or wrongfully possessing any of the endangered and threatened species listed on the official Florida list. In Maryland, it is a misdemeanor to give away a live animal as a prize or as an incentive to make a business agreement if the offer is to attract trade. Finally, a law still on the books in Vermont allows selectmen to offer a bounty of $5.00 for anyone killing a dog caught in the act of killing or worrying sheep. Check back frequently to read more of these laws!

 



 

 



NEW TOPICS AND CASES 
November 2009



 

USFWS removes the brown pelican from the Endangered Species List. The brown pelican, originally listed in 1970, has recovered due mainly to a ban on DDT and conservation efforts. Click here to read the USFWS press release.

MI and CA pass progressive agricultural laws. Michigan became the 7th state to ban the use of veal crates (by 2012), and gestation crates and battery cages (by 2019). The new law (pdf 87.63 KB) mandates that veal calves, breeding sows, and laying hens must be allowed to sit down, lie down, stand up, and extend their limbs. California amended § 597n of the Penal Code, prohibiting tail docking of horses, to now include cattle.

New Topic Area! Horse Laws by Craig M. Smith

New Topic Area! Canada's Dangerous Dog Laws by Jacquelyn Shaw.

New Topic Area! Topic Area Concerning the Custody of Pets in Divorce Proceedings by Tabby T. McLain.

New! Washington amends anti-cruelty laws with restrictions on ownership of similar animals for those convicted of animal cruelty. Click here to read the bill signed into law by the governor (pdf file - 26.96 KB). 

Arkansas amends anti-cruelty laws to make torturing a dog, cat, or horse aggravated cruelty - a felony. Click here to read Arkansas' amended anti-cruelty laws.

 New! Updated table showing laws that address commercial breeders, kennels, and "puppy mills."

 Maine legislature passes law to prohibit the cruel confinement of veal calves and sows during gestation. LB 1021 goes into effect in 2011. 

The U.S. Supreme Court considers the case of U.S. v. Stevens - the case that invalidated the federal law prohibiting depictions of animal cruelty. Click here to read many of the the pleadings/amicus briefs filed.

 The Ringling Brothers Circus trial (ASPCA et al. v. Feld Entertainment Inc.) decision now rests with the judge. To read the full collection of pleadings in the case, click here.

See the Map Page for the following maps:

Topics Added in 2008:

International Materials:

Recently Added Articles:

Strength in Numbers: Setting Quantitative Criteria for Listing Species Under the Endangered Species Act, 27 UCLA J. Envtl. L. & Pol'y 1 (2009).

 

Breed Specific Legislation: The Gap in Emergency Preparedness Provisions for Household Pets, Amy Cattafi, 32 Seton Hall Legis. J. 351 (2009).

 

Exporting Morality with Trade Restrictions: The Wrong Path to Animal Rights, Gary Miller, 34 Brook. J. Int'l L. 999 (2009).

 

Is “Recovered” Really Recovered?: “Recovered” Species under the Endangered Species Act, James L. Noles, Jr., 39 Cumb. L. Rev. 387 (2008-2009).

 

The Pervasive Nature of Animal Law: How the Law Impacts the Lives of People and Their Animal Companions, by Rebecca J. Huss, 43 Val. U. L. Rev. 1131 (Spring, 2009).

Book Review: An American Trilogy: Death, Slavery, and Dominion on the Banks of the Cape Fear River by Steven M. Wise  - Reviewed by Henry Cohen.

Recently Added Cases:   

Animal Welfare Institute v. Martin, --- F.Supp.2d ----, 2009 WL 3403128 (D.Me.). Plaintiffs filed motions for a preliminary injunction and a temporary restraining order to halt the commencement of the early coyote and fox trapping season in the state of Maine. Plaintiffs claim that the Maine Department of Inland Fisheries and Wildlife (DIFW) Commissioner violated the ESA by allowing trapping activities that “take” Canada lynx, a threatened species. In denying Plaintiffs' Motion for Preliminary Injunction and TRO, the Court found that Plaintiffs had not sustained their burden to justify the extraordinary remedy of an injunction.

 

U.S. v. Fullmer, --- F.3d ----, 2009 WL 3273955 (C.A.3 (N.J.)). In an issue of first impression, this Court considered whether the Animal Enterprise Protection Act (AEPA) was unconstitutional either on its face or as-applied to defendants. The defendants in this case were an animal rights organization ("SHAC") and six associated individuals. Defendants argued that the statute has a chilling effect on speech because protestors will refrain from all speech, even protected speech, due to the ambiguity of what the statute proscribes. The Court disagreed, finding that the statute contains an exclusion for legal protest activity.

 

State v. Nelson, --- P.3d ----, 2009 WL 3297806 (Wash.App. Div. 3). Defendants appeal their convictions of animal fighting and operating an unlicensed private kennel. They contend on appeal that the trial judge abused her discretion by allowing an expert from the Humane Society to render an opinion on whether the evidence showed that the defendants intended to engage in dogfighting exhibitions. The Court of Appeals held that the judge did not abuse her discretion in admitting the expert's opinion. The expert's opinion was proffered to rebut defendants' contention that the circumstantial evidence (the veterinary drugs, training equipment, tattoos, etc.) showed only defendants' intent to enter the dogs in legal weight-pulling contests.

 





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.