Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| 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. |
| Summary of State Lost Property Statutes | Rebecca F. Wisch | Animal Legal & Historical Center |
This summary provides links to the twenty or so states that have enacted lost and found property statutes. These statutes outline a procedure finders must follow when finding lost property, which supplement traditional property laws. |
| Detailed Discussion of Wyoming Great Ape Laws | Rebecca F. Wisch | Animal Legal & Historical Center | The following article discusses Wyoming Great Ape law. Wyoming has no law that restricts or otherwise mentions great apes. In fact, Wyoming does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only possible reference that could include great apes is the definition for “exotic species” under the general fish and game code definitions. However, there are no accompanying restrictions on possession or importation of those exotic species. The state’s cruelty law is broad enough to include great apes. There are no exceptions under the cruelty for scientific research or testing. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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 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. |