Publications

Section Newsletter Articles on Animal Law

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.
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?