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Dias v. City and County of Denver |
The Tenth Circuit took up a challenge to Denver's breed-specific ban against pitbull dogs. The plaintiffs, former residents of Denver, contended the ban is unconstitutionally vague on its face and deprives them of substantive due process. The district court dismissed both claims under Federal Rule of Civil Procedure 12(b)(6) before plaintiffs presented evidence to support their claims. On appeal, the plaintiffs argue that the district court erred by prematurely dismissing the case at the 12(b)(6) stage. The Tenth Circuit agreed in part, finding that while the plaintiffs lack standing to seek prospective relief for either claim because they have not shown a credible threat of future prosecution, taking the factual allegations in the complaint as true the plaintiffs have plausibly alleged that the pit bull ban is not rationally related to a legitimate government interest.
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Diamond v. Chakrabarty |
In this case, the Supreme Court of the United States asserts that patent protection may exist for "anything under the sun," so long as it is created by man. This has permitted genetically engineered animals to be patentable subject matter in the United States. For more information on patent protection in the United States, see the Patent Act.
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DeVaul v. Carvigo Inc. |
This New York case involved a dog bite victim who brought an action against the owner to recover for personal injuries. The Supreme Court, Nassau County entered judgment in favor of owner. On appeal with the Supreme Court, Appellate Division, the court held that the viciousness of German shepherd dogs was not appropriate subject of judicial notice. The court found that there is no authority for the proposition that judicial notice should be taken "as to the ferocity of any particular type of domestic animal."
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Detailed Discussion: The Rise of Ecoterrorism |
This paper examines laws enacted in response to what some politicians see as a trend toward extremism in the name of protecting animals, Congress and several states have passed, or are currently considering passing, legislation setting harsher penalties for those involved in what has now been coined “ecoterrorism” or “agroterrorism.” This paper will examine some of the recently passed laws and legislation and the cases which have interpreted these laws. It will then analyze some of the constitutional issues raised by critics of the new legislation.
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Detailed Discussion: The Global Protection of Whales |
This discussion of whales focuses on the global protection of whales, beginning with the International Whaling Commission and the problems arising from legally permitted whaling. The second section involves the United States and International laws protecting whales, beginning with the Marine Mammal Protection Act,the Endangered Species Act and Treaty of CITES. The third section involves additional threats to whales, focusing on the problems of fishing nets, pollution, ship collisions, and whale watching and how human actions can have an effect on whale populations.
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Detailed Discussion: Knick-Knack, Paddy-Whack, Give the Dog a Home?: Custody Determination of Companion Animals Upon Guardian Divorce |
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.
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Detailed Discussion on Whaling |
Much of today's discussions about whaling are centered on Japan's program in the Antarctic. While some organizations like Sea Shepherd have taken a direct action approach to ending Japan's hunt, some organizations and countries have pursued legal approaches to doing so. Both approaches have seen some success, but the future of whaling remains uncertain. |
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Detailed Discussion of Wyoming Great Ape Laws |
The following article discusses Wyoming Great Ape law. Wyoming has no law that restricts or otherwise mentions great apes. In fact, Wyoming does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only possible reference that could include great apes is the definition for “exotic species” under the general fish and game code definitions. However, there are no accompanying restrictions on possession or importation of those exotic species. The state’s cruelty law is broad enough to include great apes. There are no exceptions under the cruelty for scientific research or testing. |
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Detailed Discussion of Wisconsin Great Ape Laws |
The following article discusses Wisconsin Great Ape law. Wisconsin does not have a specific law that prohibits the possession of apes or otherwise addresses their care. The state has a chapter on captive wildlife with a number of provisions related to the possession of captive live wild animals, which would generally include great apes.The state’s endangered species law also prohibits the taking, transport, and possession of endangered or threatened species, including federally-listed species. It is unclear based on a reading of the law whether it requires state permits for foreign endangered species. The law specifically exempts zoological societies or municipal zoos from its reach. Finally, apes are covered generally under the state’s anti-cruelty laws as warm-blooded, non-human animals. The law prohibits treating animals in a cruel manner, which includes causing unnecessary and excessive pain, suffering, or unjustifiable death. Additionally, all animals kept in captivity must have adequate food, water, and shelter. |
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Detailed Discussion of Wildlife Services |
This detailed discussion examines the history and philosophy of the USDA's "Wildlife Services." This agency has a mission "to provide Federal leadership in managing conflicts with wildlife.” However, animal advocates have criticized the lack of science backing up the antiquated approach in managing wildlife and human economic conflicts. This paper explores the legal authorities and internal philosophies that guide WS’ activities; how WS selects and implements a variety of nonlethal and lethal methods for controlling wildlife; and contemporary challenges to WS’ practices. |
