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Title Authorsort descending Citation Summary
Overview of Pet Custody in Divorce Tabby T. McLain Animal Legal and Historical Center

A legal overview discussing the state of the law concerning disposition of pets in divorce. Includes steps in general property allocation during divorce and new ideas emerging in the field of pet custody.

Detailed Discussion: Knick-Knack, Paddy-Whack, Give the Dog a Home?: Custody Determination of Companion Animals Upon Guardian Divorce Tabby T. McLain The Animal Legal and Historical Center

An article discussing the current state of the law and new directions in companion animal custody cases in divorce. Includes overview of the steps generally taken in property distribution upon divorce, and how companion animals might fit into that analysis.

Pets in the eye of the storm: Hurricane Katrina Floods The Courts With Pet Custody Disputes Megan McNabb 14 Animal Law 71 (2007)

This article recounts a modern-day King Solomon story: the baby is the animals left behind during Hurricane Katrina; the two mothers claiming ownership of the “baby” are the original owners of the animals and those who adopted the animals after the hurricane; and the role of King Solomon is played by judges in the custody cases that arose after the storm. This article provides a summary of those custody disputes while examining the question of whether those who left their pets behind during Hurricane Katrina have the right to reclaim them from the animals’ new adoptive family. The animals of Hurricane Katrina became trapped in the middle of an unfortunate and complicated situation largely because of defects in our national policies and laws regarding animals and disasters. Therefore, this article also reviews legislative changes that have and should occur concerning pets and disasters, pet adoption, and animals as property.

Dangerous Dog Laws: Failing to Give Man’s Best Friend a Fair Shake at Justice Cynthia A. McNeely & Sarah A. Lindquist 3 J. Animal L. 99 (2007)

Compared to other non-human animals, dogs generally share a privileged relationship with humans. Recent government trends have been to classify dogs “dangerous” to force “irresponsible owners” to better control their dogs. While some “owners” are undeniably irresponsible and deserve to be held accountable, a fair analysis of some of the factual situations underlying dangerous dog classifications indicates that too many local governments declare dogs dangerous who are not truly dangerous. With the United States human population now at more than 300 million, it is foreseeable that this trend is only going to continue as developable land decreases, forcing humans to live closer together and to come into greater contact with neighbors' dogs.

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

This Comment examines the reasons for breed-specific legislation and looks at some of the human factors behind the “breed” problem. It argues that instead of targeting specific breeds, municipalities should enforce existing animal control laws and punish the human behavior that leads to dog attacks. This Comment concludes that laws addressing human behavior, rather than breed bans, are a better long-term solution to further public safety and animal welfare.

Got Organic Milk? "Pasture"-Ize it!: An Analysis of the UDSA's Pasture Regulations for Organic Dairy Animals Fatema Merchant 14 Animal Law 237 (2007) This article discusses the “access to pasture” issue and analyzes the ambiguity that has lead to widely varied farming practices and finished products. The vague language undermines the goals of the National Organic Program and threatens the integrity of the organic seal. This article suggests ways to clarify the standards and offers alternative solutions to the problems facing consumers, organic food advocates, and farmers because of the vague regulations
Bucking the Trend: Why Maryland Does Not Need an Equine Activity Statute and Why It May Be Time to Put All of These Statutes Out to Pasture Jennifer D. Merryman 36 U. Balt. L.F. 133 (Spring 2006)

Part I of this comment shows the impetus behind equine activity statutes. Part II shows why the need for equine statutes no longer exists based on the doctrine of primary implied assumption of risk. Lastly, Part III surveys Maryland law to show that Maryland will not benefit from an equine activity statute and therefore should not adopt one.

Maximizing Scientific Integrity in Environmental Regulations: The Need for Congress to Provide Guidance When Scientific Methods Are Inadequate or When Data Is Inconclusive Mariyetta Meyers 12 Animal L. 99 (2005)

A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. Since agencies are given broad discretion in their decisions—even those based on science—this Comment argues for clear congressional guidelines in best science available directives, because only such guidelines would ensure greater agency compliance with congressional intent, give courts more direction in reviewing agency decisions under the APA, and, in the long run, maximize the scientific integrity of agency rules and decisions. In the environmental and wildlife protection contexts, this will ensure that agencies achieve Congress’s objectives, resulting in greater species protection.

Biological Information on the Bald Eagle Jody Gustitus Millar 64 FR 36453 (July 6, 1999)

This article provides a short summary of the bald eagle's (Haliaeetus leucocephals) pertinent biological information. Included in this summary are the facts about the eagle's breeding behavior, habitat, diet, and geographic range in the United States.

Exporting Morality with Trade Restrictions: The Wrong Path to Animal Rights Gary Miller 34 Brook. J. Int'l L. 999 (2009)

Part I of this Note will critique normative moral theory with respect to its fundamental role in animal welfare proselytizing, its applicability to legal theory, and its usefulness as a basis for legal decision making. Part II will discuss international trade disputes arising over morality-based domestic import restrictions in order to examine why the GATT has consistently been interpreted to err on the side of free trade and consumer choice. Finally, Part III will argue that the DCPA is not only an ineffective and unenforceable law but also potentially counterproductive to the goals of the Western animal welfare movement and overly costly to global trade infrastructure in light of more effective alternatives.

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