Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Brief Summary of Dog Bite Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This brief overview examines the basic provisions of most state dog bite laws, including the traditional elements of negligence and principles of strict liability. |
| Detailed Discussion of Montana Great Ape Laws | Rebecca F. Wisch | Animal Legal & Historical Center | The following article discusses Great Apes law in Montana. Mississippi law directly regulates Great Apes by a law that bans the importation and possession of certain wild animals deemed "inherently dangerous." In addition, the state also addresses Great Apes in its general anti-cruelty law as well as its endangered species provisions. While the state of Montana controls possession and importation of “exotic wildlife” by law, great apes are not specifically identified or addressed. Instead, Montana regulates the possession of great apes by administrative regulation and reference to the federal endangered species list. In the regulations, great apes are specifically defined as a "prohibited species " meaning they “may not be possessed, sold, purchased, exchanged, or transported in Montana, except as provided. . .”. In addition, Montana law addresses the commercial use of great apes in what it terms, “roadside menageries,” where animals are kept in captivity for the purpose of exhibition or attracting trade. Like other states, Montana does not define Great Apes as "endangered," either under its own endangered species law or accompanying regulation. It does, however, cover them by reference to federal law. Finally, great apes are covered under the state’s anti-cruelty law. However, the law contains a number of exempt categories including scientific research and teaching. |
| 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. |
| Brief Summary of Local and State Dog Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This summary examines the nature and authority of state and local dog laws. It also describes the general subjects included in dog laws, such as loose dogs and impoundment procedures. The concept of preemption of local laws is also defined. |
| Frequently Asked Questions on Local Dog Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This article answers some typical questions relating to local dog laws. |
| Brief Introduction to Pet Damages | Rebecca F. Wisch | Animal Legal & Historical Center |
This article provides a brief overview of the issues relevant to damages associated with pet loss or injury. Included is a brief discussion of the traditional property status of pets and an examination of typical awards in cases involving injury to pets. |
| Summary of Emotional Support Animal Cases | Rebecca F. Wisch | Animal Legal & Historical Center | This document provides summaries of cases involving emotional support animals( ESAs). The specific issues decided by the courts range from breeds of dogs used for ESAs, the charging of fees or pet deposits, places an ESA can be taken, and use of an ESA in university housing, among many other topics. Links to the actual case are provided. |
| 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. |
| Detailed Discussion of Assistance Animal Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This discussion examines the federal service animal provisions under the Americans with Disabilities Act (ADA) and the relevant states. In doing so, states' equal access, criminal interference, and white cane laws are examined in addition to other laws. |
| 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. |