Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Stamm v. New York City Transit Authority | Not Reported in F.Supp.2d 2011 WL 1315935 (E.D.N.Y., 2011) | Plaintiff brought this action pursuant to Title II of the Americans with Disabilities Act (the “ADA”), Section 504 of the Rehabilitation Act of 1973, and New York State and New York City laws, alleging that the New York City Transit Authority (“NYCTA”) and the Manhattan and Bronx Surface Transit Operating Authority (“MaBSTOA”) (collectively, “Defendants”) failed to ensure that their vehicles and facilities were accessible to her and other persons with disabilities who utilize service animals. Defendants moved for summary judgment, arguing that Plaintiff (1) was not disabled, (2) was not entitled to use a “service animal,” (3) was seeking to bring dogs which do not qualify as “service animals” onto Defendants' vehicles; had not made out a Title II claim and (5) could not make out a claim for intentional infliction of emotional distress. Defendants' motion for summary judgment was granted only with respect to that portion of the eleventh cause of action that alleged intentional infliction of emotional distress. The parties were also directed to submit supplemental briefing. | Case | ||
| Standing on New Ground: Underenforcement of Animal Protection Laws Causes Competitive Injury to Complying Entities | Samantha Mortlock | 32 Vt. L. Rev. 273 (2007) |
This Article explores competitive injury as a basis for challenging the USDA's failure to enforce the HMSA and AWA. Part I.A provides background on claims that the Acts are both underenforced. Part I.B then introduces the problem of standing in the context of animal welfare lawsuits. Part II.A analyzes Article III standing requirements as applied to a competitively injured plaintiff. Part II.B then analyzes what the Administrative Procedure Act (APA) requires for an injured competitor to bring suit against the USDA for failure to enforce the HMSA and AWA. This Article concludes by suggesting that the HMSA provides the best vehicle for a competitive injury suit against the USDA because Congress has made abundantly clear its desire to see the HMSA fully enforced. |
Article | |
| Stanford Journal of Animal Law & Policy (SJALP) | The Journal of Animal Law & Policy was founded in August 2007 to provide a high-quality, widely accessible forum for the publication and discussion of animal law scholarship. The Journal of Animal Law and Policy went on hiatus beginning Fall 2014. The SJALP website states that it will continue to have the website accessible. For more on the journal, go to the SJALP web page. | Policy | |||
| Stanko v. Maher | 419 F.3d 1107 (10th Cir. 2005) | 2005 WL 1953514 (10th Cir.(Wyo.)) | A livestock owner and drover sued the Wyoming state brand inspector, alleging that inspector violated his state and federal constitutional rights in making warrantless seizure of five head of livestock, and that inspector abused his office in violation of state constitution. Plaintiff Rudy Stanko, proceeding pro se, appealed from the district court's order granting summary judgment to defendant Jim Maher. The appellate court affirmed the entry of summary judgment in favor of Mr. Maher, holding that the warrantless search of cattle did not violate Fourth Amendment and the inspector did not violate the Fourth Amendment by making warrantless seizure of cattle as estrays. Further, the procedure provided under Wyoming brand inspection statutes prior to seizure of cattle deemed to be estrays satisfied due process requirements. | Case | |
| Stanton v. State | 395 S.W.3d 676 (Tenn. 2013) | 2013 WL 239099 (Tenn.2013) |
The defendant, a self-employed oil distributor, was charged with 16 counts of animal cruelty for intentionally or knowingly failing to provide food and care for his horses. After being denied a petition for pretrial division and a petition for a writ of certiorari, the defendant appealed to the Supreme Court of Tennessee, who granted the defendant permission to appeal, but affirmed the lower court's decision that the assistant district attorney general did not abuse his discretion and that the trial court did not err in denying the defendant's petition for writ of certiorari. |
Case | |
| State and Federal Disaster Planning Laws and Pets | Cynthia Hodges |
Brief Summary of State Emergency Planning Laws for Animals |
Topical Introduction | ||
| State and Local Dog Laws | Rebecca Wisch |
Overview of Local and State Dog Laws
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Topical Introduction | ||
| State and Municipal Regulation of Dogs | Rebecca F. Wisch | Animal Legal & Historical Center |
This paper overviews the general police power local municipalities have over the regulation of dogs. In doing so, the paper touches upon the subjects of local dog regulation and the associated caselaw. The paper also discusses preemption of local dog laws by overriding state laws. |
Article | |
| State Animal Anti-Cruelty Laws |
This map contains links to the animal anti-cruelty laws for all 50 states. Each state's set of laws contains a collection of relevant cruelty laws, including dogfighting, intentional cruelty, neglect/abandonment, and bestiality. |
State map | |||
| STATE ANIMAL ANTI-CRUELTY STATUTES: AN OVERVIEW | Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, and Paul A. Ernest | 5 Animal L. 69 (1999) | This article provides an introduction to the current status of state animal anti-cruelty laws throughout the United States. Extensive exploration of the similarities and differences between these statutes, combined with detailed statutory citations, enables this article to serve as a useful resource for research and statistical purposes. Additionally, the article offers an opportunity to review many of the provisions contained within these anti-cruelty statutes and to identify those in need of improvement. | Article |
