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Title:Animal Legal & Historical Center
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Animal Law Legal Center home page
Animal Legal and Historical Center Web site
On this site you will find a comprehensive repository of information about animal law, including: over 1200 full text cases (US, historical, and UK), over 1400 US statutes, over 60 topics and comprehensive explanations, legal articles on a variety of animal topics and an international collection.
Read more about Animal Legal and Historical Center Web site
February News South Carolina legislators introduce bill requiring owners of unaltered pit bulls to register and microchip their dogs. H.3709 proposes new Article 17 on "Pit Bull Dogs" under Title 47. Under the bill, a "pit bull" is defined as "a dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, a dog displaying the physical traits of one or more of the above breeds, or a dog exhibiting the distinguishing characteristics that conform to the standards established by the American Kennel Club for any of the above breeds." A person is not allowed to keep a "fertile pit bull dog" without first registering the dog with local animal control and paying a fee of $500 (absent certain listed exceptions). Registration is not required for an altered pit bull (defined as a dog that has been sterilized and microchipped). Violation of the registration law is a misdemeanor with a possible fine up to $1,000 and/or imprisonment of up to one year, or both. According to the preamble of the bill, the legislation is needed because "the pit bull dog is the most desired breed for dogfighting and is dying at a higher rate in local animal shelters than any other breed of dog in South Carolina," and "[m]ost dog bite fatalities are committed by dogs that were not altered." The bill was referred to Committee on Agriculture, Natural Resources and Environmental Affairs in late January. Two more states aim to protect pets in "hot" cars. Georgia Senate Bill 32 was introduced in January and would provide civil damage immunity for any person who, in good faith, rescues or attempts to rescue an incapacitated or endangered animal from a locked motor vehicle. Similarly, Idaho, another state without a "hot car" law has one legislator again pushing the "Dog and Cat Rescue Act," which failed in 2018 (2018 Senate Bill 1244-aa). Currently, 30 states have some sort of law on pets in locked cars. But, in much of the country right now, people may be asking, what about pets in cold cars? Ten states actually mention both extreme hot or extreme cold in their laws, while other states say conditions that endanger an animal or present "imminent danger." Either way, it's clear that the laws protect animals under both conditions even though these laws are typically known as "hot car" laws. See our Map of Laws for more. Hawaii's new service dog fraud law effective January 1, 2019. Hawaii's law makes it unlawful to misrepresent a pet as a service animal with a potential fine of not less than $100 and not more than $250 for the first violation, and not less than $500 for a second violation and each violation thereafter. According to KITV and the Hawaii Tribune-Herald, state Senator Russell Ruderman of Puna analogizes it to a "littering law" because it is unclear how and when enforcement may occur. In recent years, many other states have enacted such laws. To date, almost half of all states have adopted these service dog fraud laws. To see these states, visit our updated Map of Laws. News archives
CasesAgreement to transfer gorilla from The Gorilla Foundation to Cincinnati Zoo upheld despite concerns for gorilla's health. ZOOLOGICAL SOCIETY OF CINCINNATI, Plaintiff, v. THE GORILLA FOUNDATION, et al., Defendants, Slip Copy, 2019 WL 414971 (N.D. Cal. Feb. 1, 2019). The Plaintiff, Zoological Society of Cincinnati, entered into an agreement with The Gorilla Foundation (TGF) for the purpose of transferring a gorilla, Ndume, to TGF in the hopes that the gorilla would mate with a gorilla already living at TGF. The gorilla was transferred, but the mating never happened. In 2015 the Zoo and TGF entered into a new agreement that stated if KoKo, the gorilla Ndume was supposed to mate with, predeceased him, Ndume would be transferred to an AZA accredited institution. TGF failed to make arrangements to transfer the gorilla after Koko died. The Zoo brought this action to enforce the agreement and for summary judgment. The Court ultimately granted the Zoo鈥檚 motion for summary judgment and held that the Ndume was to be transferred back to the zoo. Failure of USDA to promulgate bird-specific regulations not arbitrary and capricious because not required by AWA. Am. Anti-Vivisection Soc'y v. United States Dept. of Agric., --- F.Supp.3d ----, 2018 WL 6448635 (D.D.C. Dec. 10, 2018). The American Anti-Vivisection Society and the Avian Welfare Coalition sued the Department of Agriculture and its Secretary alleging that the Department's failure to promulgate bird-specific regulations is unreasonable, unlawful, and arbitrary and capricious in violation of the APA. The Department moved to dismiss the Plaintiff's claims arguing that the Plaintiffs lack standing to sue, that it is not required by law to promulgate regulations for birds, and that it has not taken a final action reviewable by the court. The District Court ultimately held that, although the Plaintiffs have standing to sue, their claims fail. The Department is not required by the Animal Welfare Act to issue avian-specific standards; rather, it must to issue welfare standards that are generally applicable to animals. Secondly, although the Department has not taken any action to develop avian-specific standards, that does not mean that will not do so in the future. The District Court granted the department's motion to dismiss.State has legitimate interest in banning bestiality, regardless that adults engaged in activity were consenting. Warren v. Commonwealth, 822 S.E.2d 395 (Va. Ct. App., 2019). Defendant Warren videotaped on his cell phone sexual encounters he had with K.H. and her dog. In March of 2017, a deputy spoke to Warren about an unrelated matter, and then Warren asked the deputy if "bestiality type stuff" was "legal or illegal," described the cellphone videos, and offered to show them to Reynolds. Subsequently, law enforcement obtained a search warrant and removed the videos from Warren's cellphone. Warren was indicted and moved to dismiss the indictment arguing that Code 搂 18.2-361(A) is facially unconstitutional and unconstitutional as applied to him. He further argued that the conduct depicted in the videos could not be subject to criminal sanction because it amounted to nothing more than consensual conduct involving adults. The trial court denied Warren's motion to dismiss. On appeal, this court reasoned that although 搂 18.2-361(A) cannot criminalize sodomy between consenting adults, it can continue to regulate other forms of sodomy, like bestiality. The only right the statute could possibly infringe on would be the right to engage in bestiality. The Commonwealth has a legitimate interest in banning sex with animals. The Court rejected Warren's challenge to the constitutionality of the statute and affirmed the judgment of the trial court.Case ArchivesArticlesNever Enough: Animal Hoarding Law, Courtney G. Lee, 47 U. Balt. L. Rev. 23 (2017).Animal Consortium, David S. Favre and Thomas Dickinson, 84 Tenn. L. Rev. 893 (2017).The Animal Welfare Act at Fifty: Problems and Possibilities in Animal Testing Regulation, Courtney G. Lee, 95 Neb. L. Rev. 194-247 (2016).From Inside the Cage to Outside the Box: Natural Resources as a Platform for Nonhuman Animal Personhood in the U.S. and Australia, Randall S. Abate amp; Jonathan Crowe, 5 Global J. Animal L. 54 (2017).Zuchtvieh-Export Gmbh v. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation and Territorial Sovereignty, David Mahoney, 40 B.C. Int'l amp; Comp. L. Rev. 363 (2017).
Site introductionIn August 2018, the Animal Legal amp; Historical Center celebrated its 16th anniversary. Over the years, with the help of many individuals, we've added thousands of files that are accessed across the globe. We believe this site is the largest legal website devoted to animal issues in the world. Unsurprisingly, the website's most sought after materials relate to the many issues that dogs provide our society.Our peak usage day (Monday) has well over 6,000 unique visitors. Yet unlike a physical library, we are unable to have casual conversations with our users. So to gain feedback, please share your comments at animallaw@law.msu.edu. Tell us about your use of the site. What could we add to the site? How could the site be easier to use? Any and all thoughts and comments are welcome. Since Michigan State University College of Law is very generous with its financial support of this site, your feedback helps ensure this site's growth and presence for years to come. Thank you!First-time usersAttorneys/Researchers
Editorial staffProfessor David Favre Editor-in-ChiefRebecca Wisch Associate Editor Alice Collinson, Contributing Editor, UK MaterialsJohn Ensminger Contributing Editor
Topical Introductions (2017-2018)New! Dog Auctions and Retail Rescue, Kayla Venckauskas (2018).New! Feral Cat and Wild Bird Controversy, Ariahna Sanchez (2018).New! Rodeos, Madison Steffey (2018).Update to United Kingdom (UK) Law, Alice Collinson (2018).Update to Breed Specific Legislation, Anna Jones (2017).Legal Implications of Dolphin and Human Interactions, Ann Linder (2017).Animal Euthanasia by Alexandra Kleinfeldt (2017).Commercial Breeders and "Puppy Mills" Update by Kimberly Barnes (2017).
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Upcoming Legal Conferences amp; ContestsUCLA Animal Law Conference: Public Values in Conflict with Animal Agribusiness Practices, February 23, 2019 - 9:00 a.m. - 5:30 p.m., Room 1347, Main corridor, UCLA School of Law. For more, see https://aldf.org/article/animal-law-events/id/7953/.The National Animal Welfare Conference, by Humane Canada, Hotel Bonaventure Montreal, April 14-15, 2019. For more, see https://conference.humanecanada.ca/.
AnnouncementsWe are pleased to announce that Michigan State University College of Law has affiliated with Universitat Autonoma de Barcelona to link their respective Animal Law Programs. UAB will offer an onsite Master鈥檚 in Animal Law and Society as well as an on-line program. Find out more information.
Journal of Animal and Natural Resource LawIndex of published volumesInformation about amp; article submissionMost recent volumeOther journals from the U.S. and around the world
New Books in Animal LawRespecting Animals: A Balanced Approach to Our Relationship with Pets, Food, and Wildlife, David S. Favre, Prometheus Books (2018).Visa A.J. Kurki and Tomasz Pietrzykowski (Eds.), Legal Personhood: Animals, Artificial Intelligence and the Unborn, Springer (2017).Adam Karp, Understanding Animal Law, Carolina Academic Press (2016).Diane Rose-Solomon, What to Expect When Adopting a Dog, SOP3 Publishing (2016).Steven C. Tauber, Navigating the Jungle - Law, Politics, and the Animal Advocacy Movement, Routledge (2016).Deborah Cao and Steven White (Eds.), Animal Law and Welfare - International Perspectives, Springer (2016).More books available here.
Amazing but True Animal LawsApparently, Punxsutawney Phil did NOT see his shadow earlier this month in Pennsylvania, meaning winter won't last too long. However, some state laws may encourage groundhogs to stay in their burrows. In Iowa, a law that deals with training dogs for hunting states that a person who has hunting license may train a dog on coyote or groundhog. And groundhogs should watch out in Delaware; the law states that "[t]he woodchuck or groundhog may be hunted, trapped, caught, shot, killed, sold, shipped or otherwise disposed of, by any person and at any time."For more information on these interesting laws, be sure to check back monthly.
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The cases and statutes on this site are reprinted from Westlaw and are used with permission of Thomson Reuters. If you wish to access additional animal law content available through Westlaw, you may do so by visiting www.westlaw.com.
SITE DISCLAIMER: Opinions expressed on this site are solely those of the authors of the materials. Neither the College of Law nor Michigan State University endorses any of the opinions expressed on this site. Just as neither institution would be considered to endorse a view because the institution included in its library a book which contained a distinct viewpoint, likewise neither institution has adopted any position on the animal issues discussed on this site. The site is provided as an electronic library containing materials expressing a diversity of opinions.
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