Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Detailed Discussion of Breed Specific Legislation | Anna Jones | Animal Legal & Historical Center | This paper first examines the anatomy of a typical breed ban and outlines which dogs are restricted and what tests are used to identify them. Next, it explores the history of breed bans and their introduction into modern society – focusing in particular on the 1980’s media coverage of fatal dog attacks that spread fear and fueled the passage of BSL. The paper finally considers the current status of breed specific legislation. |
| Dangerous Dog Laws: Failing to Give Mans 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. |
| 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. |
| The Jaws That Bite, The Claws That Snatch | Joseph K. Scott | 62 LALR 303 (Fall, 2001) |
This article explores the incongruity between the recent Louisiana decision in State v. Michels that allowed for the presence of a seemingly vicious dog to sustain the element of "dangerous weapon" in an aggravated sexual battery conviction. Louisiana traditionally only allows inanimate objects to be construed as weapons for dangerous weapons charges. The author suggests the Louisiana judiciary should align itself with the national jurisprudence to allow animate objects be viewed as dangerous weapons for the purpose of criminal prosecutions. |
| Brief Summary of Dangerous Dogs in the Laws of Canada | Jacquelyn A. Shaw | Animal Legal & Historical Center |
This legal overview analyzes the Canadian legal approach to dog-related injuries. It discusses the common law approach under negligence and scienter. It then examines the statutory response to dog-related injuries in Canada's provinces and territories. |
| Overview of Dangerous Dogs in the Laws of Canada | Jacquelyn A. Shaw | Animal Legal & Historical Center |
This brief summary talks about the Canadian legal approach to dog-related injuries. It discusses the common law approach and the statutory response to dog-related injuries in Canada's provinces and territories. |
| Dangerous Dogs in Canadian Law | Jacquelyn A. Shaw | Animal Legal & Historical Center |
This detailed legal discussion focuses on the Canadian legal approaches to dog-related injuries. The traditional common law doctrines of scienter and negligence are discussed, and compared with the legislative approaches of Canada's provinces and territories as well as Canadian federal criminal law. The article also discusses the similarities and differences between Canada's and the United States' incidence of dog-related injuries and some possible reasons for the differences. |
| The Golden Retriever Rule: Alaska's Identity Privilege for Animal Adoption Agencies and for Adoptive Animal Owners | John J. Tiemessen | 21 Alaska L. Rev. 77 |
In this Comment, the authors examine recent national and Alaskan developments regarding a limited testimonial privilege for animal adoption agencies and adoptive owners. Unlike most testimonial privileges, this new privilege e did not exist at common law and has only a limited foundation in statutes or rules of evidence. The authors conclude by noting the effect this privilege has on replevin and conversion cases involving lost animals that have been adopted by new owners. |
| Table of State and Federal Laws Concerning Dogs Chasing Wildlife | Joyce Tischler | Animal Legal Defense Fund (ALDF) |
This table, developed by Joyce Tischler of ALDF, summarizes the pertinent federal regulations and state laws related to dogs chasing wildlife. External links to state DNR sites listing further rules are also provided. |