Results
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| The Public and Wildlife Trust Doctrones and the Untold Story of the Lucas Remand | Blake Hudson | 34 Colum. J. Envtl. L. 99 (2009) |
This article seeks to address more thoroughly how the historical “old maxims” of the public and wildlife trust doctrines can be used as Lucas background principles of property law to overcome takings challenges brought against state and federal environmental regulations. First, the historical underpinnings of the public trust doctrine and the wildlife trust doctrine prior to the founding of the nation are described. The Illinois Central Railroad v. Illinois and Geer v. Connecticut, which are the key Supreme Court cases establishing the validity of these doctrines in the United States are summarized. The author asserts that the doctrines may be interchangeably applied as a means of protecting important environmental resources. The author illustrates how the use of these doctrines might have changed the ultimate outcome of the Lucas case. |
Article |
| The Hunt Club | Hunt Club | http://www.huntingtop10.com/outfitters/il/ilof3/index.html |
This advertisement for "The Hunt Club" indicates it provides lodging, meals, and hunts of waterfowl and big game on its 16,000 preserve. It also adds that it has a "trophy management policy" with regard to hunts of "trophy" deer on a 4,000 acre archery area. |
Article |
| Fuzzy Toys and Fuzzy Feelings: How the “Disney” Culture Provides the Necessary Psychological Link to Improving Animal Welfare | Lindsay Schafer Hurt | 10 J. Animal & Nat. Resource L. 253 | The connection between pop culture's psychological influences on society and on people's ability to empathize helps explain the legal shift to address practices of animal testing, animal fighting, and other abuse or torturous practices. The media helps cultivate increased sentiment for animal welfare, which is the first hurdle to overcome when advocating for a change regarding animals in the law. This Note discusses specifically how Disney movies featuring animal characters have furthered an interest in animal welfare. This Note further proposes that courts' realization that scientific evidence of suffering is inadequate to measure or identify cruelty is essential to sufficiently provide legal protections to animals. | Article |
| Valuing Man's and Woman's Best Friend: The Moral and Legal Status of Companion Animals | Rebecca J. Huss | 86 Marq. L. Rev. 47 (2002) |
This Article first provides an overview of the philosophical basis of the allocation (or non-allocation) of moral status to nonhuman animals considering historical and modern views of animals. Second, it analyzes the legal status of animals under the current system and discusses the idea of extending legal 'personhood' to such animals. Next, it considers the common law and statutory basis for the current valuation of companion animals. Finally, this Article supports and promotes the idea that there is a rational basis for changing the way that companion animals should be valued by the legal system and recommends the adoption of statutory provisions to promote consistency and certainty in these cases. |
Article |
| No Pets Allowed: Housing Issues and Companion Animals | Rebecca J. Huss | 11 Animal L. 69 (2005) |
Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses. |
Article |
| Why Context Matters: Defining Service Animals Under Federal Law | Rebecca J. Huss | 37 Pepp. L. Rev. 1163 (2010) |
The Article begins with a brief history of service animals. It continues with an analysis of the proposed changes to the ADA rules and selected case law that illustrates the need for clarification in this area of the law. The Article then evaluates the way service animals are handled under the Air Carrier Access Act (ACAA) because of recent regulatory activity interpreting that law. The Article concludes by arguing that there are rational reasons to have an expansive definition of service animal under the ADA and, in the alternative, if there is a restrictive definition under the ADA, the broader protections under the FHA and ACAA should remain in place. |
Article |
| Rescue Me: Legislating Cooperation Between Animal Control Authorities and Rescue Organizations | Rebecca J. Huss | 39 Conn. L. Rev. 2059 (2007) |
Notwithstanding the overwhelming evidence that shows how important pets are to many people in the United States, the leading cause of death for dogs and cats in this country is euthanasia because of the lack of homes. Although progress has been made, conservative estimates are that between three and four million dogs and cats are euthanized each year. A successful program for implementing non-lethal strategies to control the pet population incorporates three prongs: (a) increasing adoptions, (b) increasing the number of animals sterilized and (c) increasing the number of animals retained in homes. This Article focuses on the legislative actions that should be taken immediately to implement these non-lethal strategies so that this needless euthanization can end. |
Article |
| Separation, Custody, and Estate Planning Issues Relating to Companion Animals | Rebecca J. Huss | 74 Univ. Colo. Law Review 181 (2003) |
The article considers the role of companion animals in today's family in the United States. It explores the legal aspect of pets as it relates to their status as property, as well as the issues of separation and estate planning for such animals. |
Article |
| Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case | Rebecca J. Huss | 15 Animal L. 69 (2008) |
The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff’s Department seized fifty-three pit bulls from Vick’s home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether each dog should be euthanized due to its inability to interact safely with humans or other animals or given a second chance at life in a new home. Huss explains her role as guardian/special master and how she made her determinations about each dog’s destiny. |
Article |
| The Pervasive Nature of Animal Law: How the Law Impacts the Lives of People and Their Animal Companions | Rebecca J. Huss | 43 Val. U. L. Rev. 1131 (Spring, 2009) |
This Article begins in Part II by distinguishing between “animal law,” “animal rights,” and “animal welfare” and discussing the growth of the field of animal law. It continues in Part III by setting forth the statistics on the number of companion animals in the United States (“U.S.”) and information about the households who have companion animals. Part IV is the longest as it relates to issues that everyone with companion animals must deal with-housing issues. Next, in Part V, the Article analyzes issues relating to the disputes arising when an animal is separated from his or her caretaker either by becoming lost or through dissolution. Veterinary issues are then briefly covered in Part VI, leading to a section on valuation issues in Part VII. The Article concludes in Part VIII with a section on estate planning issues focusing on the increasing number of states with enforceable pet trust statutes. |
Article |