Michigan State University College of Law: Animal Legal & Historical Web Center
Professor David Favre - Editor-in-Chief
Rebecca Wisch - Associate Editor
Hanna Coate - Assistant Editor
Cynthia Hodges - Assistant Editor
This site is approaching its eighth year since creation and we are pleased with our growth. There are over 1000 full text cases (US, Historical and UK) and over 1100 U.S. statutes fully available on the site, with Michigan and California being very comprehensive. More importantly, we have over 50 topics that give the viewer directions and comprehensive explanations on some of the more interesting issues of the animal area. We also have a number of legal articles addressing a wide variety of animal topics. This is the best way for non-lawyers to access the information. The international collection continues to expand. The navigation bar to the left allows access to all of our content; please review the categories available to click into the site
It is now apparent that this will be an endless process, requiring the efforts of many individuals. A tax-deductible donation will help us expand and support the collection on this site. Your comments and suggestions are welcome.
Fabrikant v. French, --- F.Supp.2d ----, 2010 WL 2774043 (N.D.N.Y.). Reacting to complaints, defendants Ulster County SPCA, executed a search warrant resulting in Fabrikant's arrest and seizure of thirteen of her fifteen animals. Plaintiff subsequently asserted that her federal constitutional rights were violated during the course of her criminal prosecution for animal cruelty.
U.S. v. Apollo Energies, Inc., --- F.3d ----, 2010 WL 2600502 (C.A.10 (Kan.)). Apollo Energies, Inc. and Dale Walker were charged with violating the Migratory Bird Treaty Act after an agent with the USFWS discovered dead migratory birds lodged in each appellant's "heater-treater," a piece of equipment used in the course of appellants' Kansas oil drilling businesses, on several occasions.
* The links to the above questions are provided to give readers more information on general dog-related subjects and are not intended as legal advice. All individuals are urged to contact licensed attorneys in their states regarding specific legal issues.
AMAZING BUT TRUE ANIMAL LAWS
School is right around the corner! In Maine, teachers and students should be sure that state law provides that their live animals used as class pets must be housed and cared for in a safe and humane manner. The animals shall not remain in school over periods when school is not in session, unless adequate care is provided at all times. In Arizona, dogs that go on public school property must be physically restrained by a leash, enclosed in a car, cage or similar enclosure (unless it is part of an exhibition/training). Finally, in Rhode Island, the state's "Cat Identification Program" defines an "at-large" cat as one that is on public or private school grounds, except when under physical control of its owner. Check back frequently to read more of these interesting laws!
Catalonia (northeastern part of Spain) bans bullfighting. Lawmakers in Catalonia voted to ban bullfighting by a vote of 68 to 55. The ban goes into effect in 2012. To read more about the ban as reported by the NY Times click here.
Massachusetts becomes the first state to make dog or cat devocalization surgery ("debarking") a criminal offense. The law, which went into effect in July, makes it a potential 5-year term of imprisonment/$2,500 fine to debark a dog. Click here to read the law.
Illinois expands its list of dangerous animals to include primates. In amending IL ST CH 720 § 585/1, the state now prohibits ownership or possession of primates except those listed (zoos, circuses, colleges, etc.). However, if a person possesses the primate before Jan. 1, 2011, he or she may retain ownership if the animal is registered.
North Carolina amends anti-cruelty law to felony."Susie's Law," named for a dog found beaten and burned in a park in Greensboro last summer, was signed into law on June 23rd by the Governor.
Response to Ruling in Stevens Case: Legislators pursue amendment to 18 U. S. C. §48 (depictions of animal cruelty) in wake of Supreme Court's ruling in U.S. v. Stevens (pdf file - 326.53 KB) (also click here to read many of the the pleadings/amicus briefs filed in the case). Read the proposed amendment here that limits the reach of the law to only "animal crush videos."
More states add companion animal provisions to their domestic violence protective order laws.Click here to find out which.
Ever wonder about exotic pet laws in your state? See our Exotic Pet Laws Map to check them out.
Frequently Asked Questions on Animal Law*
* The links to the above questions are provided to give readers more information on general subjects and are not intended as legal advice.
Defenders of Wildlife v. Salazar, --- F.Supp.2d ----, 2010 WL 3084194 (D.Mont.,2010). In February of 2008, the U.S. Fish & Wildlife Service, issued a final ruling to delist the Rocky Mountain gray wolf species, removing the ESA’s protections throughout the northern Rocky Mountain distinct population segment, except in Wyoming. Twelve parties challenged the final ruling arguing that the decision violates the ESA by only partially protecting a listed population. The United States District Court for the District of Montana vacated the Service’s ruling to delist the Rocky Mountain gray wolf and Plaintiffs’ motion for summary judgment was granted.
Alliance for Wild Rockies v. Lyder, --- F.Supp.2d ----, 2010 WL 3023652 (D.Mont.). Plaintiffs challenge the FWS' 2009 designation of approximately 39,000 sq. miles of critical habitat for the distinct population segment of the Canada lynx. The court concluded that the FWS arbitrarily excluded areas occupied by lynx in Idaho and Montana. Additionally, the FWS failed to properly determine whether areas occupied by the lynx in Colorado possess the attributes essential to the conservation of the species.
State ex rel. Humane Society of Missouri v. Beetem, --- S.W.3d ----, 2010 WL 3167457 (Mo.App. W.D.,2010). The "Missourians for Protection of Dogs" ("MPD") advocated a statewide ballot measure to enact a new statutory provision to be known as the "Puppy Mill Cruelty Prevention Act." One taxpaying Missouri citizen subsequently filed a Petition for Declaratory Judgment and Injunctive Relief, challenging the ballot measure's summary statement as being "insufficient and unfair." The Humane Society of Missouri sought protection from an order of the circuit court requiring it to disclose and turn over "Document 10" - a series of focus group findings and related documentation. The court granted the HSMO’s writ of prohibition.
DOG LAW CASE OF THE MONTH
N.C. court reiterates that N.C. state courts have found that, "Rottweilers are aggressive by nature and that it might be negligent not to keep them restrained." Harris v. Barefoot, 2010 WL 3001399 (N.C.App.). A mail carrier was attacked and bitten by a Rottweiler-mix dog and an Australian Heeler/Border Collie-mix dog. She sued the dogs’ owners for negligence, but the court granted the defendants summary judgment and the Court of Appeals affirmed. As to Plaintiff's argument that defendant Barefoot knew or should have known that his dog could have posed a danger to others because Rottweilers are aggressive and dangerous by nature, the court noted that N.C. state courts have found that Rottweilers are aggressive by nature and that it might be negligent not to keep them restrained. However, in this case, plaintiff did not present any evidence showing that the attacking dog was a Rottweiler.
For the foreseeable future we do not expect to cover proposed legislation or international agreements relating to the ocean.
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.
Catalonia (northeastern part of Spain) bans bullfighting. Lawmakers in Catalonia voted to ban bullfighting by a vote of 68 to 55. The ban goes into effect in 2012. To read more about the ban as reported by the NY Times 
Massachusetts becomes the first state to make dog or cat devocalization surgery ("debarking") a criminal offense. The law, which went into effect in July, makes it a potential 5-year term of imprisonment/$2,500 fine to debark a dog. 
Illinois expands its list of dangerous animals to include primates. In amending 