Constitutional claims and criminal charges—How to evaluate cases when police shoot dogsBy Ledy VanKavage & Anna E. Morrison-RicordatiAnimal Law, April 2013While 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 canineBy Rob ShumakerAnimal Law, April 2013This 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 summaryBy Melissa Anne MayeAnimal Law, April 2013Recent cases of interest to animal law practitioners.
The proposed changes to the Animal Welfare Act do not solve the so-called “puppy mill” problemBy Laura McFarland-TaylorAnimal Law, January 2013This 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 quagmireBy Jennifer A. ShawAnimal Law, October 2012As 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 millsBy Page PardoAnimal Law, October 2012In 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 quagmireBy Jennifer A. ShawFamily Law, September 2012As 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 updateBy Melissa Anne MayeAnimal Law, July 2012A new Illinois Department of Natural Resources rule, effective April 1, 2012.
Caselaw updateBy Melissa Anne MayeAnimal Law, July 2012Updates of interest to animal law practitioners.
Federal preemption and animal regulationBy A. Bryan Endres & Megan R. GaleyAnimal Law, July 2012The 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 cornerBy Melissa Anne MayeAnimal Law, January 2012An update of recent events affecting animal law practitioners.
Pending legislation affecting animal lawBy Melissa Anne MayeAnimal Law, January 2012Bills that became effective on the first of this year, of interest to those who practice animal law.
A judicial perspective on the welfare of pets in dissolution casesBy Hon. Edward R. JordanAnimal Law, September 2011Judge 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 ActBy David H. HopkinsAnimal Law, September 2011In 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 PetersAnimal Law, September 2011What 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 chattelBy Steven J. WingerAnimal Law, September 2011The 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.
Homecoming heroes: Adopting retired military dogsBy Jane McBrideAnimal Law, June 2011The 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-upBy Amy A. BreyerAnimal Law, June 2011Highlights of the animal law bills that came before the Illinois Legislature this spring.
