Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| State and Municipal Regulation of Dogs | Rebecca F. Wisch | Animal Legal & Historical Center |
This paper overviews the general police power local municipalities have over the regulation of dogs. In doing so, the paper touches upon the subjects of local dog regulation and the associated caselaw. The paper also discusses preemption of local dog laws by overriding state laws. |
| Detailed Discussion of State Dog Impound Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This paper explores state and municipal dog impound laws, focusing specifically on loose dog laws, dogs chasing livestock laws, and public health laws. In doing so, the paper examines grants of police power to seize and destroy dog and what due process requirements constrain these state actions. |
| FAQ: Dogs in Restaurants | Rebecca F. Wisch | Animal Legal & Historical Center | This FAQ explores what states have laws concerning dogs in outdoor dining area of restaurants. As of 2023, 23 states have laws or administrative regulations that allow patrons to bring pet dogs to outdoor dining spaces in restaurants. Some laws require that the local unit of government first enact an ordinance allowing the activity. |
| Detailed Discussion of West Virginia Great Ape Laws | Rebecca F. Wisch | Animal Legal & Historical Center | The following article discusses West Virginia Great Ape law. West Virginia has no law that restricts or otherwise mentions great apes. In fact, West Virginia does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only law to address great apes because it covers all animals is the state’s anti-cruelty provision. The law does except the humane use of animals or activities regulated under the Animal Welfare Act, and the law’s accompanying regulations. This would include scientific research and animal exhibitors licensed under the Animal Welfare Act. |
| Pet Sale Cases | Rebecca F. Wisch | Animal Legal & Historical Center |
This outline provides links to the cases that relate to the sale of companion animals. While not an exhaustive list, it does provide a sampling of the case law in the area. |
| Overview of Pet Number Restrictions in Municipal Ordinances | Rebecca F. Wisch | Michigan State University College of Law |
This legal discussion overviews the typical elements in municipal ordinances that restrict the number of pets a person can own. It analyzes the relevant cases and provides examples ordinances that limit the number of dogs a person can own. Both nuisance regulations and zoning regulations are discussed, as well as the broad police powers municipalities enjoy. |
| Detailed Discussion of the Bald and Golden Eagle Protection Act | Rebecca F. Wisch | Animal Law Legal and Historical Center |
This article explores the history and text of the BGEPA. It further examines the relevant legal issues spawned by the Act, including free exercise challenges by Native Americans, the abrogation of treaty rights, commerce in eagle parts, and requisite intent for criminal prosecution under the Act. |
| Detailed Discussion of Wisconsin Great Ape Laws | Rebecca F. Wisch | Animal Legal & Historical Center | The following article discusses Wisconsin Great Ape law. Wisconsin does not have a specific law that prohibits the possession of apes or otherwise addresses their care. The state has a chapter on captive wildlife with a number of provisions related to the possession of captive live wild animals, which would generally include great apes.The state’s endangered species law also prohibits the taking, transport, and possession of endangered or threatened species, including federally-listed species. It is unclear based on a reading of the law whether it requires state permits for foreign endangered species. The law specifically exempts zoological societies or municipal zoos from its reach. Finally, apes are covered generally under the state’s anti-cruelty laws as warm-blooded, non-human animals. The law prohibits treating animals in a cruel manner, which includes causing unnecessary and excessive pain, suffering, or unjustifiable death. Additionally, all animals kept in captivity must have adequate food, water, and shelter. |
| Overview of Companion Animal Sales | Rebecca F. Wisch | Animal Legal & Historical Center |
This overview provides the answer to the question of what a purchaser of an ill dog or defective dog can do. Included is a summary of contract law affecting pet sales, the relevant provisions under the UCC's sale of goods, and state pet purchaser protection laws. |
| Detailed Discussion of Virginia Great Ape Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This discussion analyzes the laws relevant to the possession of great apes in Virginia. The paper examines categories of individuals who possess great apes including persons using them as pets, exhibitors, zoos, sanctuaries, and research facilities. |