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Title Citation Alternate Citation Agency Citation Summary Type
VOLPE VITO, INC. v. UNITED STATES DEPARTMENT OF AGRICULTURE 58 Agric. Dec. 85 (1999) 1999 WL 33314002 (U.S.D.A.) Judicial officer is not required to accept ALJ's findings of fact, even when those findings are based on credibility determinations, and judicial officer is authorized to substitute his or her judgment for that of ALJ. Case
ID - Rabies - 500. DOGS AND CATS ID ADC 02.04.21.500 Idaho Admin. Code r. 02.04.21.500 All dogs and cats imported into the state of Idaho must be accompanied by a CVI. Dogs and cats twelve (12) weeks of age or older shall be vaccinated for rabies. Administrative
Map of Beagle Freedom Laws This map contains the 15 state laws commonly called "Beagle Freedom Laws" as of January 2024. These laws mandate that retired research dogs be released for adoption when they are no longer needed for research purposes. Typically, the laws facilitate relationships between research facilities and non-profit animal rescues or other animal adoption organizations to allow those organizations to offer the retired dogs to members of the public. Iowa became the most recent state to enact such a law. State map
CA - Initiatives - Proposition 4 (trapping) Proposition 4 (1998) This state initiative measure was proposed in 1998 and prohibits trapping mammals classified as fur bearing (or non-game) with body gripping traps for recreation or commerce in fur. This includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps and common rat and mouse traps are not considered body-gripping traps. It passed with 57.5% of the vote. Statute
WI - Cruelty - Consolidated Cruelty Statutes W. S. A. 951.01 - 18; W.S.A. 944.18 WI ST. 951.01 - 18; WI ST 944.18 This section comprises the Wisconsin anti-cruelty section. Under the section, "animal" includes every living warm-blooded creature (except a human being), reptile, or amphibian. The section prohibits "mistreating animals," which is defined as treating any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices. This section also prohibits the instigation of dogfights, and has a unique provisions that prohibits the shooting of caged or staked animals. Statute
Putnam County Humane Society v. Marjorie Duso d/b/a/ Oakwood Kennels, Putnam County Florida

The Putnam County (Florida) Humane Society brought an action seeking permanent custody of 41 dogs from Marjorie Duso, the operator of a kennel. The PCHS is a not-for-profit corporation that is devoted to the prevention of cruelty to animals pursuant to Florida law. Under that authority, the PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The Putnam County Court granted the PCHS custody of the dogs (except for Ms. Duso’s personal pet dog, which the PCHS was given the right to check on at least once a month). Further, the court enjoined Ms. Duso from owning, possessing, or breeding dogs except those kept as personal pets.

Pleading
Defenders of Wildlife v. Dalton 97 F. Supp. 2d 1197 (2000)

Plaintiff sought a preliminary injunction to prevent defendant government official from lifting the embargo against tuna from Mexico's vessels in the Eastern Pacific Ocean. Plaintiffs alleged irreparable injury if three stocks of dolphins became extinct. The court found plaintiffs failed to produce evidence showing irreparable injury. 

Case
U.S. v. Lewis 349 F.3d 1116 (9th Cir. 2003) 2003 U.S. App. LEXIS 23127; 2003 Cal. Daily Op. Service 9802

Defendant was convicted of a number of offenses related to his role in a wildlife smuggling operation. If trial did not begin within the requisite time period and defendant moved for dismissal prior to trial, the court had to dismiss the indictment, either with or without prejudice. The court held that the circumstances in the case, where it was clear that the delay in the trial caused the delay in the hearing, rather than the other way around, and where defendant repeatedly asked the court to set the case for trial and was otherwise ready to proceed to trial, plaintiff United States' pending pretrial motion could not serve as a basis for exclusion for a 117 day period. Because the delay violated the Speedy Trial Act, defendant's convictions had to be reversed, his sentences vacated, and his indictments dismissed.

Case
CA - Circus - Article 5. Circus Cruelty Prevention Act West's Ann. Cal. Fish & G. Code § 2207 - 2210 CA FISH & G § 2207 - 2210 The California Circus Cruelty Prevention Act, effective in 2020, states that a person shall not sponsor, conduct, or operate a circus in this state that uses any animal other than a domestic dog, domestic cat, or domesticated horse, or exhibit or use any other animals than those animals. The term “circus” means a performance before a live audience in which entertainment consisting of a variety of acts, such as acrobats, aerialists, clowns, jugglers, or stunts, is the primary attraction or principal business, but excludes rodeos. Statute
Derecho Animal Volume 6 Núm 4

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Editorial

 

El Derecho Animal en 2015

Teresa Giménez-Candela

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Policy

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