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Title Authorsort descending Citation Summary
YOU DON’T OWN ME: FERAL DOGS AND THE QUESTION OF OWNERSHIP Stacy A. Nowicki 21 Animal L. 1 (2014) Feral dogs occupy an ambiguous position, challenging standard categories of domestication, wildness, and property ownership. This ambiguity, in turn, complicates the legal status of feral dogs. Feral dogs’ property status is particularly critical, as whether a feral dog is owned by someone, or no one at all, hold implications not only for civil and criminal liability in incidents involving feral dogs, but also the legal ability of animal rescue organizations to intervene in the lives of feral dogs. Part II of this Article summarizes the application of property law to animals, particularly highlighting the role played by an animal’s status as wild or domestic; Part III explores the factors distinguishing feral dogs from other canines, determining that feral dogs should properly be situated as domestic animals; Part IV discusses the legal landscape relevant to feral dogs, focusing particularly on ownership and liability; and Part V examines the ways in which the property status of feral dogs may impact an animal rescue organization’s ability to care for those animals.
When Fido is Family: How Landlord-Imposed Pet Bans Restrict Access to Housing Kate O'Reilly-Jones 52 Colum. J.L. & Soc. Probs. 427 (Spring, 2019) Renters today face widespread landlord-imposed pet restrictions. At the same time, Americans increasingly view their pets as family members, and many do not see giving up their animals as an option when looking for housing. Consequently, pet-owning renters often struggle to find suitable places to live and end up compromising on quality, location, and safety. As homeownership drops and renting becomes more prevalent across the United States, landlord-imposed pet restrictions increasingly constrain choices, effectively reducing access to housing for many Americans. These policies particularly impact low-income families and those with socially-maligned dog breeds.

This Note analyzes how landlord-imposed pet restrictions burden renters with dogs, with a particular focus on renters in the Los Angeles area. Parts II and III explain how legal and cultural attitudes toward pets are evolving, and how public and private restrictions constrain pet ownership. Part IV discusses the impact of landlord-imposed pet restrictions on renters and compares the situation to non-rental contexts in which people have sacrificed their own well-being to protect their pets. Part V asserts that the Fourteenth Amendment Due Process Clause and the penumbral right to privacy can be interpreted to protect pet-owning families from government-imposed pet restrictions. It argues that while these constitutional protections do not apply in the private rental context, they do suggest that landlords unreasonably infringe on renters' privacy interests and that legislators should act to constrain landlord control.
Animal Research: Policy, Public Perception, and the Problems of Transparency Siobhan O'Sullivan Australia Animal Law Paper (2005)

This paper looks at the effects of the changes in the law dealing with decision making about animals in research. The author suggests that the transparency sought by some was not realized, but that such transparency may not be as important as originally thought.

Animal Reserach Policy in Australia Siobhan O'Sullivan Animal Legal & Historical Center (2006)

This paper looks at the effects of the changes in the law dealing with decision making about animals in research. The author suggests that the transparency sought by some was not realized, but that such transparency may not be as important as originally thought.

PRINCIPLES OF ANIMAL RESEARCH: REPLACEMENT, REDUCTION, REFINEMENT, AND RESPONSIBILITY Bryan D. Ogden 2 Animal L. 167 (1996) This article was adapted from remarks from Bryan D. Ogden at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.
LUKUMI AT TWENTY: A LEGACY OF UNCERTAINTY FOR RELIGIOUS LIBERTY AND ANIMAL WELFARE LAWS James M. Oleske, Jr. 19 Animal L. 295 (2013) Twenty years after the United States Supreme Court’s decision in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, uncertainty reigns in the lower courts and among commentators over the issue of constitutionally compelled religious exemptions. Despite the Court’s general disavowal of such exemptions in Employment Division v. Smith, Lukumi appeared to breathe life into a potentially significant exception to Smith. Under that exception—which this Article calls the “selective-exemption rule”—the Free Exercise Clause may still require religious exemptions from a law when the government selectively makes available other exemptions from that law. This Article addresses the key unresolved questions about the scope of the selective-exemption rule and challenges the broad interpretation of the rule that leading religious-liberty advocates have been pressing in courts around the country. That broad interpretation, which played a prominent role in the recent animal-sacrifice case of Merced v. Kasson and has been further developed in the ongoing Stormans, Inc. v. Selecky litigation over emergency contraception, would go a long way to achieving a de facto reversal of Smith. But while there are credible arguments for reconsidering Smith and its “equal protection” interpretation of the Free Exercise Clause, those arguments should not be advanced through the backdoor of the selective-exemption rule. That rule was adopted as part of the Smith paradigm, and it only makes sense to interpret it within that paradigm. Accordingly, this Article makes the case for a more appropriately tailored reading of the selective-exemption rule—a reading grounded in the rule’s origins as a tool to prevent intentional discrimination, and a reading that would enable the government to enforce animal welfare laws that have only an incidental effect of limiting religious animal sacrifice.
Protecting Equine Rescue From Being Put Out To Pasture: Whether Ranches Dedicated To Abused, Abandoned, And Aging Horses May Qua Michael T. Olexa, Katherine Smallwoods, and J.A. Cossey 16 Drake J. Agric. L. 69 (2011)

This law review argues that the use of property to board, train, and graze abused, abandoned and aging (rescue) horses should fall under the Florida Greenbelt Law’s “agricultural” tax classification. The authors of this law review contend that the use of property for rescue horse ranches is consistent with the purpose of the Greenbelt Law, and the rescue horse ranches provide other benefits to Florida's communities.

Model National Animal Welfare Legislation: Commentary Jaime K. Olin Animal Legal & Historical Center

This paper examines the necessary components for drafting model animal law legislation in any country. It begins with a discussion on the general standards of conduct for legislation that views animals as sentient beings. The paper then delves into issues that should be addressed in any animal welfare legislation, such as specific concerns of companion animals and food animals, as well as the legal aspects of imposing criminal regulations among other issues.

Detailed Discussion of Divorce and Pets Kelly Olszuk Animal Legal & Historical Center

I. Introduction

The unfortunate reality is that our beloved pets sometimes outlive our relationships. Despite the fact that a couple’s love for each other may come to an end, the love for our pets will not change.
Brief Summary of Pet Custody During Divorce Kelly Olszuk Animal Legal & Historical Center This is a brief summary of the emerging issues involved in pet custody during divorce. The summary explains how case law is slowly evolving to consider the unique challenges in awarding ownership of pets during a divorce. The handful of recent statutes that allow judges to consider a modified "best interests" model when awarding pet custody are also discussed.

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