Publications

Section Newsletter Articles on Animal Law

Unbridled or reined in? Horse cloning suit shows antitrust risks for association rule-making By Beth L. Fancsali and Aaron J. Hersh Antitrust and Unfair Competition Law, June 2014 Cloning of animals, and whether a breed association can ban clones from its registry, is the subject of much debate: not only from a scientific and moral standpoint, but now also from an antitrust perspective.
No strict liability under the Illinois Animal Control Act By Jason G. Schutte Tort Law, March 2014 In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
Mengarelli v. Marquardt & ORAH Animal Hospital … A different kind of settlement By Anna E. Morrison-Ricordati Animal Law, February 2014 A discussion of this provocative case.
New legislation affects companion animal euthanasia and increases penalties for animal abuse committed before minors By Ledy VanKavage Animal Law, February 2014 The Illinois State Bar Association Animal Law Section has voted to endorse two new bills introduced in the Illinois Legislature.
Pet provisions in marital settlement agreements By Angela Peters Animal Law, February 2014 Sample provisions of a pet agreement.
“Why did the urban chicken cross the road?” How chickens are making “inroads” into urban communities By Melissa Anne Maye Local Government Law, December 2013 Urban chicken-keeping is on the rise, and suburban attorneys should familiarize themselves with local ordinances in order to properly advise their clients of the requirements of their local municipality.
Pet provisions in marital settlement agreements By Angela Peters Family Law, November 2013 A helpful guide to drafting pet agreements.
The Obama Administration opposes breed discriminatory legislation By Ledy VanKavage Animal Law, October 2013 President Obama’s Administration put out a very clear statement in opposition to breed discriminatory legislation in their response to a petition on the White House’s “We The People” website
The Section Council’s focus on “mean seeds” By David H. Hopkins Animal Law, October 2013 The Animal Law Section Council resolved in June to explore with appropriate Illinois officials the ultimate question presented by a recent study: Should the “mean seeds” species be banned from future Conservation Reserve Progarm plantings in Illinois?
“Why did the urban chicken cross the road?” How chickens are making “inroads” into urban communities By Melissa Anne Maye Animal Law, October 2013 Urban chicken-keeping is on the rise, and suburban attorneys should familiarize themselves with local ordinances in order to properly advise their clients of the requirements of their local municipality.
Governor Quinn signs anti-tethering law By Melissa Anne Maye Animal Law, August 2013 In July of 2013, Governor Quinn signed new legislation amending the Humane Care for Animals Act by adding section 3.035 Tethering (510 ILCS 70/3.035).
Independent panel finds bureaucratic mismanagement of wild horse herds continues By Melissa Anne Maye Animal Law, August 2013 A 14-member independent panel assembled by the National Science Academy’s National Research Council at the request of the Bureau of Land Management concluded that the BLM’s removal of nearly 100,000 horses from the Western range over the past decade is probably having the opposite effect of its intention to ease ecological damage and reduce overpopulated horse herds.
No strict liability under the Illinois Animal Control Act By Jason G. Schutte Animal Law, August 2013 In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
No strict liability under the Illinois Animal Control Act By Jason G. Schutte Civil Practice and Procedure, August 2013 In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
Pet Lemon Law By Angela Peters Animal Law, August 2013 This new law provides consumer protections when purchasing cats and dogs from a pet store. It helps to ensure pet owners are provided with healthy pets upon purchase. If a licensed veterinarian determines an animal ‘unfit’ within 21 days of purchase, a buyer would have the option to get a replacement pet, a full refund on the animal, or be reimbursed by the pet store for veterinary fees.
Constitutional claims and criminal charges—How to evaluate cases when police shoot dogs By Ledy VanKavage and Anna E. Morrison-Ricordati Animal Law, April 2013 While dog-shooting cases have come a long way from early decisions requiring courts to determine that a non-fatal shooting amounted to an improper seizure, the cases are almost always met with the same defenses.
Florida v. Harris & proof of the reliability of the drug-detection canine By Rob Shumaker Animal Law, April 2013 This article addresses case law on drug-detection dogs, the recent United States Supreme Court opinion, and offers insight on how prosecutors, defense counsel and trial judges should consider the issue of a dog’s reliability in detecting illegal narcotics.
Recent case law summary By Melissa Anne Maye Animal Law, April 2013 Recent cases of interest to animal law practitioners.
“But, Mommy, Kylie gets to keep her pony in the house…!” Federal and state laws expand to include miniature horses as “service animals” By Melissa Anne Maye Animal Law, January 2013 The federal Americans With Disabilities Act recently expanded its definition of “service animal” to include miniature horses.
The point-and-click puppy problem—a proposed federal rule would address online puppy mills (Part II) By Page Pardo Animal Law, January 2013 (Editor’s Note: This is Part II of a two-part series. Part I ran in Vol. 4, No. 2, the October, 2012 Newsletter. Additionally, this article is part of a point / counterpoint discussion. See, contra, the following article by Laura McFarland-Taylor).
The proposed changes to the Animal Welfare Act do not solve the so-called “puppy mill” problem By Laura McFarland-Taylor Animal Law, January 2013 This article serves as a counterpoint argument to the benefits of the proposed federal rule designed to address puppy mill problems expressed in “The point-and-click puppy mill problem", supra. Both articles, when read together, express the pros and cons of expanded federal regulation in this area.  
Beloved pets—The oft-overlooked legal quagmire By Jennifer A. Shaw Animal Law, October 2012 As practitioners we must affirmatively meet our obligation to ensure that our clients’ animal needs are being met in the advice we give and the legal documents we prepare.
The point-and-click puppy problem—a proposed federal rule would address online puppy mills By Page Pardo Animal Law, October 2012 In Part 1 of a two-part series, the author investigates the USDA's Animal and Plant Health Inspection Service's proposed revisions to the definition of “retail pet store” in the federal regulations, which would close the loopholes that currently exempt "retail pet stores" from the basic animal welfare standards and requirements of the Animal Welfare Act.
Beloved pets—The oft-overlooked legal quagmire By Jennifer A. Shaw Family Law, September 2012 As practitioners we must affirmatively meet our obligation to ensure that our clients’ animal needs are being met in the advice we give and the legal documents we prepare.
Administrative law update By Melissa Anne Maye Animal Law, July 2012 A new Illinois Department of Natural Resources rule, effective April 1, 2012.
Caselaw update By Melissa Anne Maye Animal Law, July 2012 Updates of interest to animal law practitioners.
Federal preemption and animal regulation By A. Bryan Endres and Megan R. Galey Animal Law, July 2012 The recent case of National Meat Association v. Harris, pitted a trade association against California’s Attorney General. Although the litigation was confined to the scope of the Federal Meat Inspection Act, the Court’s holding could apply to other state efforts to regulate animal welfare.
Editor’s corner By Melissa Anne Maye Animal Law, January 2012 An update of recent events affecting animal law practitioners.
“Give Me Shelter”—an overview of legal issues facing public and private animal shelters, Part IV By Jane McBride Animal Law, January 2012 The fourth and final installment in this series that examines the risks and responsibilities involved in serving as a shelter legal advisor.
Pending legislation affecting animal law By Melissa Anne Maye Animal Law, January 2012 Bills that became effective on the first of this year, of interest to those who practice animal law.