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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 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. 4 - Journal of Animal Law (2008)


 


 


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:

Were any laws amended or passed in 2008 that changed any state law animal-related provisions? What were some of the major changes last year?  Click here to read the answer.

Previous question of the month:

I live in Denver, Colorado and have some questions over the City's breed-specific ban of pit bull dogs.  Can you give me some information about challenges that have been raised against BSL (breed specific legislation)?  Click here to read the answer.  Click here to read the Denver District Court opinion that upheld the City's breed-specific ordinance that bans pit bulls under the legal doctrine of "home rule authority."




 

 

PRIOR ANIMAL LAW CASES



 

June, 2009:

Previous Dog Law Case of the Month Dias v. City and County of Denver, --- F.3d ----, 2009 WL 1490359 (C.A.10 (Colo.)). (Substantive due process challenge to Denver's BSL survives federal district court dismissal - case remanded to consider the merits of the challenge.) 

Important Cases from 2008 - 2009

 



 

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.



 

 

DOG LAW CASE OF THE MONTH



 

Dog chained to a pickup truck is not "running at large" to fall within ambit of Georgia state strict liability law. Huff v. Dyer, --- S.E.2d ----, 2009 WL 1299046 (Ga.App.). In this Georgia case, the plaintiff was injured from being bitten by defendants' dog who was chained to the bed of their pickup truck. Plaintiff sued defendants, claiming that they failed to warn her of their dog's dangerous propensities and that they committed negligence per se by violating the state's strict liability statute (OCGA § 51-2-7) and the Hall County Animal Control Ordinance. The court noted that OCGA § 51-2-7 relieves a plaintiff from producing evidence of a dog's vicious propensity based on evidence of a violation of an ordinance that restricts dogs from running at large. In this case, there was no evidence that the Dyers' dog was “running at large” where it was chained up and thus complied with the local ordinance.  

 



 

 

AMAZING BUT TRUE ANIMAL LAWS




 

In New York, it is a misdemeanor punishable by up to one year imprisonment/$500 fine, or by both, to run a horse on a public highway. Likewise, it is also a misdemeanor in Oklahoma to deposit any live dog, cat, or other domestic animal along any private or public roadway with the intention of abandoning it. Finally, in Arkansas, it is a misdemeanor to transport in or upon any vehicle or boat any creature in a cruel or inhuman manner. This law, dating back to 1879 also provides that an officer may take charge of the vehicle used in the transporting. Check back frequently to read more of these laws!

 



 



NEW TOPICS AND CASES 
July 2009



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

New! Certiorari granted by U.S. Supreme Court in 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 filed.

New! Vermont Supreme Court aligns itself with majority of jurisdictions in holding that a plaintiff cannot recover noneconomic damages for the loss of a pet. Click here to read the case.

 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.

 The European Union (EU) parliament voted in early May to ban the importation of seal products into the 27 nations comprising the union. To read more about the Canada seal hunt, see The Canadian Commercial Seal Hunt: In Search of International Legal Protection for Harp Seals, by Cynthia Hodges, J.D., LL.M., M.A (2008). 

 Evolving Functions of Service and Therapy Animals and the Implications for Public Accommodation Access Rules, by John Ensminger and Frances Breitkopf (2008).

 

See the Map Page for the following maps:

Topics Added in 2008:

International Materials:

Interesting Links:

Virginia creates Web-based dangerous dog registry. 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. So far, VA is the only state with an on-line version. Click here to see it in action. 

Recently Added Articles:

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.

Avoiding a Triple Frown: The Need for a National Horse Racing Commission, Anthony Russolello, Animal Legal & Historical Center (2009).

Why is it a Crime to Stomp a Goldfish?--Harm, Victimhood and the Structure of Anti-Cruelty Offenses, Luis E. Chiesa, 78 Miss. L.J. 1 (Fall 2008).

Anti-Horse Slaughter Legislation: Bad for Horses, Bad for Society, Laura Jane Durfee, 84 Ind. L.J. 353 (Winter, 2009).

Justice for Dusty: Implementing Mandatory Minimum Sentences for Animal Abusers, Kirsten E. Brimer, 113 Penn St. L. Rev. 649 (Fall 2008).

Don't Feed the Animals: Queso's Law and How the Texas Legislature Abandoned Stray Animals, A Comment on H.B. 2328 and the New Tex. Penal Code § 42.092, Jeremy Masten, 60 Baylor L. Rev. 964 (Fall 2008).

Legal Aspects of Animal Sacrifice within the Context of Afro-Caribbean Religions, Jose A. Lammoglia, 20 St. Thomas L. Rev. 710-720 (2008)

Rescue Me: Legislating Cooperation Between Animal Control Authorities and Rescue Organizations, Rebecca J. Huss, 39 Conn. L. Rev. 2059 (2007).

Pit Bull Bans and the Human Factors Affecting Canine Behavior, Jamey Medlin, 56 DePaul L. Rev. 1285 (2007). 

 

Recently Added Cases - Jessica Salomon, Case Editor:       

Maldonado v. Fontanes, --- F.3d ----, 2009 WL 1547737 (C.A.1 (Puerto Rico)). At issue is the interlocutory appeal of the Mayor of Barceloneta, Puerto Rico based on the district court's denial of his motion to dismiss on the basis of qualified immunity. During raids at public housing complexes, plaintiffs' pets were seized and then killed by either being slammed against the side of a van or thrown off a 50-foot bridge. The court rejected the Mayor's contention that he is entitled to immunity because the substantive due process “shock the conscience” caselaw does not apply in situations of deprivation of property (here, pets). The court stated: "We see no reason to read the word “property” out of the Amendment. . .” Ultimately, the court determined the alleged liability of the Mayor for substantive due process violations did not involve a policy of the Municipality for which the Mayor was responsible, nor involved his personal conduct.

Utah Animal Rights Coalition v. Salt Lake County, 566 F.3d 1236 (C.A.10 (Utah),2009). The plaintiffs filed this 42 U.S.C. § 1983 claim for alleged violations of their First Amendment rights to free speech and to peaceably assemble after the individual plaintiffs attempted to protest a circus in South Jordan, Utah. The district court entered summary judgment against the plaintiffs. On appeal, this court held that, without a showing of harm, the UARC did not meet its burden to demonstrate an injury in fact. With regard to the § 1983 action, this court ruled that the district court correctly determined that county officials were entitled to judgment as a matter of law.

 

Humane Soc. of U.S., Inc. v. Brennan, --- N.Y.S.2d ----, 2009 WL 1687735 (N.Y.A.D. 3 Dept.). In this New York case, the petitioners, various organizations and individuals generally opposed to the production of foie gras submitted a petition to respondent Department of Agriculture and Markets seeking a declaration that foie gras is an adulterated food product by law. The respondent Commissioner of Agriculture and Markets refused to issue a statement to the requested declaration. This court held that petitioners lacked standing because they did not suffer an injury within the zone of interests protected by State Administrative Procedure Act §§ 204.

 





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.