Articles on Animal Law

Animal Law in the News By Melissa A. Maye Animal Law, August 2019 Summaries of current events of interest to animal law practitioners.
Under the IMDMA, What Is the Well-Being of a Companion Animal? By Angela Peters & David Hopkins Animal Law, August 2019 Effective January 1, 2018, the Illinois General Assembly amended the Illinois Marriage and Dissolution of Marriage Act to allow parties going through a divorce to petition the court for sole or joint possession of companion animals.
‘Puppy prohibition’ – An economic primer explaining why Chicago’s puppy mill ban ordinance was doomed to fail By Melissa Anne Maye Animal Law, June 2019 A look at the unintended consequences of Chicago's puppy mill ban ordinance.
An update on the companion animal Good Samaritan law By Melissa A. Maye Animal Law, August 2018 This year, Illinois failed to become the thirteenth state to enact a Good Samaritan law, which would allow a person to break into a vehicle to rescue a companion animal that is noticeably in distress under certain circumstances.
The continuing saga of Naruto: The monkey ‘selfie’ case that refused to die By Timothy A. Gutknecht Animal Law, June 2018 The three-year lawsuit over a monkey “selfie” appears to be over, but a judge recently made a sua sponte request for a vote to rehear the case en banc.
Pet custody is coming to Illinois: Who will get Fido in the divorce? By Marie K. Sarantakis Family Law, March 2018 Effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage Act nows require state courts to award custody of a marital companion pet after considering what is in the animal’s best interests.
Madison, St. Clair Counties adopt “no-kill” resolutions, set deadline for implementation plan By Ledy VanKavage Animal Law, February 2018 For a community to be considered no-kill, all of its shelters and animal welfare facilities responsible for animal control intake must be saving 90 percent or more, collectively, of the animals entering their system.
Pet custody is coming to Illinois: Who will get Fido in the divorce? By Marie K. Sarantakis Animal Law, February 2018 Six out of every 10 U.S. households own a pet. Almost five out of 10 of married couples file for divorce. Consequently, it should be no surprise that a significant percentage of our population faces legal difficulties as to who will keep the family’s furry child when spouses move in to separate residences.
Chicago ordinance limiting the sale of cruelly raised animals upheld by the Seventh Circuit By Bruce Wagman & Molly L. Wiltshire Animal Law, November 2017 The Seventh Circuit decision marks a victory for the important principle that local governments have the right to enact animal protective legislation focusing on issues identified within the specific municipality.
“Property plus” – A new well-being standard for the family pet in marriage dissolution proceedings By Alicia Hill Ruiz Animal Law, November 2017 On January 1, 2018, Illinois begins its work as the first state to mandate that in any allocation of a marital asset companion animal under the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), the court “...shall take into consideration the well-being of the companion animal.”
Community cats receive support from the American Bar Association By Richard Angelo Animal Law, September 2017 At the annual ABA Meeting in August, the ABA House of Delegates endorsed trap-neuter-vaccinate-return programs for free-roaming cats.
Herding cats (The Illinois Feral Cat Task Force) By Ledy VanKavage Animal Law, April 2017 The recently created Feral Cat Task Force Resolution was charged with making recommendations for changes that would result in the effective management of feral and community cats, preserve wildlife, improve cat welfare, maintain property rights, and enhance public health.
Highlights from the 8th Annual Animal Law Conference By Anna Morrison-Ricordati Animal Law, April 2017 Did you miss last month's Conference in Chicago? Here's what happened...
Animal welfare topics at the forefront By Jeffrey A. Mollet Agricultural Law, March 2017 There have been a couple of developments on the animal welfare front recently, one by the United Nations and the other from the USDA.
Animal law and environmental law: Exploring the connections and synergies By Angela Peters Animal Law, December 2016 Environmental law, with its intricate layers of international, federal, state, and local laws, is more established than its animal law counterpart. Yet animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold, both in the U.S. and abroad.
Tis the season By Melissa Anne Maye Animal Law, December 2016 A message from Editor Melissa A. Maye.
Animal laws in the news By Melissa Anne Maye Animal Law, September 2016 Three recent cases of interest to animal law practitioners.
Temporary nuisance production agriculture in the cross-hairs again By Stephen R. Kaufmann Animal Law, September 2016 On May 24, 2016, following a three-week trial, a jury in Scott County, Illinois returned a verdict in favor of the hog producer defendants and against ten Plaintiffs who had brought a cause of action for private temporary nuisance relating to odor, flies and dust allegedly caused by a swine livestock management facility. This was the first such trial in Illinois.
Dogs in cars—The Amended Humane Care for Animals Act By Melissa Anne Maye Animal Law, June 2016 What actions can a concerned person legally take if he or she sees an animal locked in a parked car on a hot day?
Emotional support animals on campus By Robert L. Miller Government Lawyers, June 2016 While requests for emotional support animals on campuses are not new, the frequency and variety of these requests has been growing over the last several years.
Emotional support animals on campus By Robert L. Miller Animal Law, June 2016 While requests for emotional support animals on campuses are not new, the frequency and variety of these requests has been growing over the last several years.
Emotional support animals on campus By Robert L. Miller Education Law, June 2016 While requests for emotional support animals on campuses are not new, the frequency and variety of these requests has been growing over the last several years.
On the Listserve – “B-a-a-a-a-ning Goats” By Melissa Anne Maye Animal Law, June 2016 A recent discussion on the ISBA's General Discussion Group involved village ordinances and goats.
Assistance and service animals in the housing context By Margherita M. Albarello Animal Law, May 2016 When must a housing provider allow a tenant to have an animal?
Illinois top for animal protection laws, but fight continues By Ken Stalkfleet Animal Law, May 2016 The Animal Legal Defense Fund ranked Illinois as the top jurisdiction in the United States for animal protection for the eighth consecutive year in 2015. However, the report also listed several potential improvements.
In a divorce, Illinois courts have no authority to order pet “visitation” By Michele M. Jochner Animal Law, May 2016 In the first case of its kind in Illinois, the First District Appellate Court has ruled that courts have no authority to enter an order requiring that a soon-to-be ex-spouse have “visitation” rights with pets.
In a divorce, Illinois courts have no authority to order pet “visitation” By Michele M. Jochner Family Law, March 2016 In the first case of its kind in Illinois, the First District Appellate Court has ruled that courts have no authority to enter an order requiring that a soon-to-be ex-spouse have “visitation” rights with pets.
The American Kennel Club steps up to help in the aftermath of natural disasters By David H. Hopkins Animal Law, September 2015 In September 2013, through its affiliate, “AKC Reunite,” the American Kennel Club launched a campaign to muster funds to pay for so-called disaster trailers, stocked with supplies for pet rescues in the immediate aftermath of hurricanes, floods, fires, tornadoes, and other natural disasters. Each fully stocked trailer costs approximately $22,500; and, as of July, 2015, less than two years later, over $1,000,000 has been raised, resulting in a couple dozen trailers being placed, with others in the pipeline.
Despite opposition, General Assembly passes law allowing bobcat hunting in Illinois By Jane McBride Animal Law, September 2015 On July 14, 2015, Governor Bruce Rauner signed a bill that provides statutory authority to establish a bobcat hunting and trapping season in Illinois.
HEEL! Municipalities now restricting reckless dog owners By Ledy Vankavage Animal Law, September 2015 If a dog is deemed dangerous or vicious under the state law and there is a subsequent incident, the owner can be guilty of a felony, thus city attorneys are encouraged to utilize the state provisions.

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