Publications

Section Newsletter Articles on Animal Law

Extension of protective orders to animals under the Illinois Domestic Violence Act By David H. Hopkins Family Law, October 2011 A relatively new remedy under the Illinois Domestic Violence Act fills a void and recognizes that many abuse situations involve family pets.
A judicial perspective on the welfare of pets in dissolution cases By Hon. Edward R. Jordan Animal Law, September 2011 Judge Edward R. Jordan argues that careful application of current law in dissolution cases "is more than sufficient to guarantee fundamental fairness for a pet and its guardians."
Protecting pets under the Illinois Domestic Violence Act By David H. Hopkins Animal Law, September 2011 In all-too-many cases in which victims of domestic violence would be well-advised to flee to a shelter, paralysis sets in, primarily attributable to fear as to what might happen to the family pet if it is “left behind.”
Take the home, the frying pans and all else, but Fido is mine! By Angela Peters Animal Law, September 2011 What guidance can the court employ to determine a proper value when the pet was purchased from a shelter, has been a family companion, and there are sentimental considerations from each member of the family?
The valuation of companion animals: Neither cattle nor chattel By Steven J. Winger Animal Law, September 2011 The legal system has traditionally treated companion animals as ordinary personal property with little value, and the majority of courts remain reluctant to acknowledge the special value that pets have for their owners. 
Why it is appropriate for the New Jersey decisional law rationale to the ‘welfare of pets in dissolution cases’ to be adopted by Illinois courts? By Shannon Burke Animal Law, September 2011 The rationale in Houseman v. Dare—that courts are already sufficiently equipped to address ownership and possession of pets—is equally applicable in Illinois.
Comments from the (outgoing) Chair By Anna E. Morrison-Ricordati Animal Law, June 2011 A message from the outgoing chair, Anna Morrison-Ricordati.
“Give Me Shelter”—An overview of legal issues facing public and private animal shelters, Part III By Jane McBride Animal Law, June 2011 The third part in this overview of the risks and responsibilities involved in serving as a shelter legal advisor.
Homecoming heroes: Adopting retired military dogs By Jane McBride Animal Law, June 2011 The November 6, 2000 enactment of legislation known as Robby’s Law, Public Law 106-446, made the adoption of military working dogs (“MWDs”) possible.
Spring legislative round-up By Amy A. Breyer Animal Law, June 2011 Highlights of the animal law bills that came before the Illinois Legislature this spring.
The burden and benefit of targeting irresponsible companion animal breeders By Anna E. Morrison-Ricordati Animal Law, April 2011 Unfortunately for consumers, breeder standards vary and licensing/regulation is not required of all breeders.
“Give Me Shelter”—An overview of legal issues facing public and private animal shelters, Part II By Jane McBride Animal Law, April 2011 Part two in this overview of the risks and responsibilities involved in serving as a shelter legal advisor.
Keep (the standards) climbing . . . By Anna E. Morrison-Ricordati Animal Law, April 2011 The standards for animal safety on airplanes need to improve.
Extension of protective orders to animals under the Illinois Domestic Violence Act By David H. Hopkins Animal Law, December 2010 A relatively new remedy under the Illinois Domestic Violence Act fills a void and recognizes that many abuse situations involve family pets.
Fiscal Bite & Breed Discrimination: Utilizing Scientific Advances & Economic Tools in Lobbying, Part III By Ledy VanKavage and John Dunham Animal Law, December 2010 The majority of breed-discriminatory laws result from high-profile dog bites or attacks.
“Give me shelter”—An overview of legal issues facing public and private animal shelters By Jane McBride Animal Law, December 2010 An overview of the risks and responsibilities involved in serving as a shelter legal advisor.
Fiscal bite & breed discrimination: Utilizing scientific advances & economic tools in lobbying, Part II By Ledy VanKavage and John Dunham Animal Law, November 2010 The majority of breed-discriminatory laws result from high-profile dog bites or attacks.
Looking for law in all the wrong places… Knowing where to look for the animal law statutes that may affect your practice By Melissa Anne Maye Animal Law, November 2010 A review of some Illinois statutes that affect animal ownership.
Second chances for Benny and Remo—Dog fighting no longer seen as a “victimless” crime in Chicago plea agreement By Lauren Gallagher Animal Law, November 2010 In her recent sentencing order, Cook County Circuit Court Judge Victoria Stewart made history by not only recognizing the animals seized from a dogfight as victims, but their owners were required to pay for the damage done to these victims.
Pet trusts: Practice tips for Fluffy (or Fido) By Eugenia C. Hunter Elder Law, October 2010 What will happen to your client's beloved pet if she becomes ill, incapacitated or dies?
Fiscal bite & breed discrimination: Utilizing scientific advances & economic tools in lobbying, Part I By Ledy VanKavage and John Dunham Animal Law, June 2010 The majority of breed-discriminatory laws result from high-profile dog bites or attacks.
Free speech trumps animal cruelty: First Amendment protection of “crush videos” in United States v. Stevens By Angela Donohoo Animal Law, June 2010 The U.S. Supreme Court determined that “[a] law may be invalidated as overbroad if a substantial number of its applications are unconstitutional, judged in relation to the statute’s plainly legitimate sweep.”
Home Rule and TNR (Trap, Neuter & Return) By Anna E. Morrison-Ricordati Animal Law, June 2010 A brief explanation of the state, county and local laws applicable to the management of feral cat colonies.
The Illinois Pet Trust Act By Melissa Anne Maye Animal Law, January 2010 Some individuals are so attached to their companion animals that they wish to provide for their care and well-being, even after the owners have died. 
Innkeepers Lien Act and a boarder’s bankruptcy By Laura McFarland-Taylor Animal Law, January 2010 An interesting question came up on a listserv I belong to: whether or not a trustee in a boarder’s Arizona bankruptcy case could void that state’s agister’s lien in favor of the boarding barn and sell the boarder’s horses to satisfy the bankruptcy estate debts.
Take the house but the dog is mine: Anecdotal “tails” about pet custody issues in divorce By Angela Peters Family Law, December 2009 PART TWO OF TWO PARTS (PART ONE APPEARED IN THE NOVEMBER 2009 NEWSLETTER)
Take the house but the dog is mine: Anecdotal ‘tails’ about pet custody issues in divorce By Angela Peters Family Law, November 2009 The first of a two-part series discussing pet custody issues.
Humane care for animals in Illinois By Claire A. Manning and Michael Massie Agricultural Law, April 2009 A counter-view to the article, “Vote For Humane Farming and Nobody Gets (as) Hurt,” published in the May 2008 edition of the ISBA’s Ag Law Section newsletter.
When animal owners attack: Veterinary malpractice in Illinois By Christopher R. Minelli Tort Law, November 2008 Although many attorneys are knowledgeable with medical and legal malpractice, few are familiar with veterinary malpractice. This article will explain the details and why it might become more common in the future.
Vote for humane farming and nobody gets (as) hurt By Amy A. Breyer Agricultural Law, May 2008 no federal law protects animals from cruelty during their lives on the farm, and most state cruelty laws exempt “customary” practices anyway, such as debeaking or use of gestation crates and battery cages, no matter how cruel those practices are from a commonsense standpoint.