Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Overview of the Migratory Bird Treaty Reform Act (MBTRA) | Rebecca F. Wisch | Animal Legal & Historical Center |
This overview discusses the recent amendment to the Migratory Bird Treaty Act (MBTA). Under a bill introduced in May of 2004, all bird species not considered "native" to the United States would be excluded from protection. This new law, known as the Migratory Bird Treaty Reform Act, has been the center of much controversy, especially as it concerns the cause of mute swans in the U.S. It became law on December 8, 2004, as part of the Consolidated Appropriations Act of 2005. |
| Species at Risk Act (SARA) Summary and Press Release | Rebecca F. Wisch | Animal Legal & Historical Center |
This page provides a summary of the recent Species at Risk Act legislation passed in Canada in December of 2002. The act, set to come into force in 2003, seeks to protect those species deemed to be endangered, threatened or "at risk" from extinction or extirpation as well as habitat critical to the survival of those species. |
| How to Search for Your Municipality's Animal-Related Ordinances | Rebecca F. Wisch | Animal Legal & Historical Center |
This document briefly explains how one may search for electronic versions of his or her municipality's animal control ordinances over the Interent. |
| Overview of Municipal Animal Control Ordinances | Rebecca F. Wisch | Animal Legal & Historical Center |
This overview discusses the power of municipalities to enact ordinances. It then highlights some common subjects for animal care and control within municipal codes. |
| 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. |
| 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. |
| Brief Summary of Veterinary Malpractice | Rebecca F. Wisch | Animal Legal & Historical Center |
This article provides an overview of the elements of a veterinary malpractice case, possible defenses to such an action, and issues related to professional licensing of veterinarians. |
| 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. |
| 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. |
| 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. |