Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| United States v. Hughes | 626 F.2d 619 (9th Cir. 1980) |
The defendant had adopted 109 wild horses through the federal Adopt-a-Horse program, whereby excess wild horses were adopted out to private individuals under the stipulation that the horses would be treated humanely and not used for commercial purposes. The defendant was charged under the criminal provisions of the Wild Free-Roaming Horses and Burros Act and with conversion of government property after he sold a number of the adopted horses to slaughter. At trial, the defendant argued that he could not be found guilty of conversion because the federal government did not have a property interest in the horses, as the power to regulate wild horses on public lands does not equate to an ownership interest in the horses by the federal government. The court held that, regardless of whether the WFRHBA intended to create an ownership interest in wild horses, the government has a property interest in wild horses that it has captured, corralled, and loaned out. |
Case | ||
| State v. Fay | 248 A.3d 1191 (N.H. Dec. 2, 2020) | 173 N.H. 740, 2020 WL 7051326 (N.H. Dec. 2, 2020) | In this New Hampshire case, Christina Fay appeals her convictions on seventeen counts of cruelty to animals. In 2017, a search warrant executed at her residence resulted in the seizure of over 70 Great Danes. Police learned of the conditions at defendant's residence from defendant's prior employees, who gave accounts of floors covered in layers of feces, dogs being fed maggot-infested raw chicken, and dogs present with injuries/illness. After conducting an investigation, the investigating Wolfeboro's police officer (Strauch) partnered with HSUS because the department did not have the resources to handle a large-scale animal law seizure. Strauch did not include in his affidavit supporting the search warrant's issuance that HSUS would be assisting the police, and the warrant itself did not explicitly state that HSUS was permitted to assist in its execution. On appeal, the defendant argues that the trial court erred in denying her motion to suppress by violating two of her constitutional rights: her right to be free from unreasonable searches and seizures and her right to privacy. As to the right to privacy argument, the court first noted that defendant grounded her argument in a recently enacted amendment to the state constitution. However, this new amendment, which states that an individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent, did not apply retroactively to defendant. As to defendant's second argument that she had a right to be free from unreasonable searches and seizures, the court noted that it has not previously considered the extent to which it is constitutionally reasonable for the police to involve civilians when executing search warrants. The defendant argues that Strauch's failure to obtain express authorization for HSUS's aid from the magistrate who issued the search warrant was constitutionally unreasonable. The court found no instance in which a court has held that the failure to obtain express judicial authorization for citizen aid prior to the execution of a warrant rendered the subsequent search unconstitutional. While other courts have opined that is might be a "better practice" to disclose this matter when applying to the magistrate for a search warrant, failure to do so does not itself violate the Fourth Amendment. The pertinent inquiry is whether the search was reasonable in its execution, and any citizen involvement would be held to that scrutiny. The court concluded that the state did not violate the constitution by failing to obtain authorization for HSUS's involvement prior to the warrant's execution. Affirmed. | Case | |
| Gonzalez v. South Texas Veterinary Associates, Inc. | Not Reported in S.W.3d, 2013 WL 6729873 (Tex. App. Dec. 19, 2013), review denied (May 16, 2014) | Plaintiff acquired an indoor/outdoor cat with an unknown medical and vaccination history. Plaintiff took cat to defendant for treatment and the cat received a vaccination. The cat soon developed a golf-ball-sized mass that contained a quarter-sized ulceration which was draining “matter” on the cat's right rear leg. When plaintiff returned the cat to the defendant, defendant diagnosed the cat with an infection, prescribed an antibiotic for treatment, and instructed Gonzalez to return if the cat's symptoms did not improve. When the cat's symptoms did not improve, plaintiff took the cat to another veterinarian who diagnosed the cat with vaccine-associated sarcoma. The cat had to be eventually euthanized. Acting pro se, the plaintiff filed suit, alleging that defendant failed to: (1) inform her of vaccine-associated sarcoma risk; (2) adhere to feline vaccination protocols; and (3) properly diagnose vaccine-associated sarcoma in the cat, which resulted in the loss of her life. On appeal, plaintiff asserted that the trial court erred by granting defendant's no-evidence and traditional motions for summary judgment. After examining the evidence in the light most favorable to plaintiff and disregarding all contrary evidence and inferences, the court concluded that the plaintiff brought forth more than a scintilla of probative evidence establishing the relevant standard of care to prove her malpractice claims. The trial court, therefore, erred by granting the no-evidence summary judgment. On the traditional summary judgment claim, the court held that that the defendant's evidence did not conclusively prove that a veterinarian complied with the applicable standard of care in light of another veterinarian's report to the contrary. The trial court, therefore, erred by granting defendant's traditional motion for summary judgment. The case was reversed and remanded. | Case | ||
| The Convention on Biological Diversity in Portuguese |
A Convençno da Biodiversidade foi assinada no Rio de Janeiro em 1992, por 156 Estados e uma organizaçno de integraçno econômica regional. No período de 5 a 14 de junho de 1992. |
Treaty | |||
| U.S. v. Lopez (Abridged for Purposes of Eagle Topic Area) | 115 S.Ct. 1624 (1995) |
Laws governing intrastate activities will be upheld if they substantially affect interstate commerce. Under the Eagle Act, the power to regulate eagles has been summarily upheld as a valid exercise of commerce power, as it protects the eagle as a species by preventing the creation of a legal commercial market for the animal. For further discussion of the Eagle Act, see Detailed Discussion. |
Case | ||
| US - Eagle - Endangered and Threatened Wildlife and Plants; Reopening of Comment Period | 1995 WL 121178 (F.R.) |
The U.S. Fish and Wildlife Service (Service) is reopening the comment period on the bald eagle reclassification proposal for thirty days. On July 12, 1994, the Service proposed reclassifying the bald eagles of the lower 48 States as threatened, except those already listed as threatened and those of the Southwestern Recovery Region and Mexico. The bald eagles of the Southwestern Recovery Region were proposed to remain listed as endangered. The Service also proposed classifying bald eagles in Mexico as endangered; they are not currently listed as endangered or threatened. Specific public comment was solicited on the status of bald eagles in the Southwest and Mexico and the distinctness of those eagles as a separate population. New information indicates that the Southwestern and Mexican bald eagles may not warrant a classification as endangered. The Service is making available for public review and comment information recently received about bald eagles of the Southwestern Recovery Region. |
Administrative | ||
| US - Trade - Tariff Act of 1930 | 19 USCA § 1481 | This federal law outlines the requirements for importation invoices. | Statute | ||
| AR - Ordinances - § 14-54-1102. Dogs running astray. | A.C.A. § 14-54-1102 | AR ST § 14-54-1102 | This Arkansas statute provides that municipal corporations have the power to prevent the running at large of dogs and the injuries and annoyances associated with them. Further, this statute allows municipalities to authorize the destruction or impoundment of dogs if found in violation of ordinance. However, prior to destroying the dog, the municipality shall give the dog's owner at least five (5) days' notice of the date of the proposed destruction of the dog by certified mail if the dog carries the owner's address. | Statute | |
| Vickers v. Egbert | 359 F. Supp. 2d 1358 (Fla. 2005) |
A commercial fisherman brought a claim against the Florida Fish and Wildlife Conservation Commission alleging substantive due process violations. The Florida Fish and Wildlife Conservation Commission instituted licensing requirements and restrictions on lobster trapping certificates in order to alleviate an overpopulation of lobster traps. The court held in favor of the Florida Fish and Wildlife Conservation Commission, reasoning fishing was not a fundamental right. |
Case | ||
| IN - Cattle Slaughter - THE PUDUCHERRY PREVENTION OF COW SLAUGHTER | 6 of 1968 | The Act, specific to the Union Territory of Puducherry, prohibits the slaughter of cows, bulls and bullocks. Bulls and bullocks may be slaughtered in certain specific circumstances. The sale of beef is banned. | Statute |