Section Newsletters

Articles on Animal Law

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 & 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 & 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?
1 comment (Most recent November 4, 2010)
Fiscal bite & breed discrimination: Utilizing scientific advances & economic tools in lobbying, Part I By Ledy VanKavage & 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 & 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.
Legislative update: Ten new Public Acts that affect general practice By J.A. Sebastian General Practice, Solo, and Small Firm, November 2007 The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.
Trusts for companion animals By Lin Hanson General Practice, Solo, and Small Firm, June 2004 Pet animals are a very important part of the lives of many people. Companion animals significantly improve the lives of individuals with disabilities, such as "seeing eye" dogs for the visually impaired, and dogs used to "fetch" for physically challenged and chair-bound people.
Seventh Circuit holds Buckhannon applies to IDEA By Phil Milsk Animal Law, December 2003 In Buckhannon Board. & Care Home v. W. Va. Dept. of Health and Human Resources, 532 U.S. 598(2001), a case involving attorney fee-shifting provisions of the Americans with Disabilities Act and the Fair Housing Amendments Act, the Supreme Court held that in order to be a “prevailing party” under those acts a litigant must obtain judicially-sanctioned relief such as a judgment on the merits or a consent decree. 532 U.S. at 603-604.
How a municipality should handle dangerous/vicious dogs in Illinois: Statutes, ordinances, insurance and policies By Jeffrey D. Lester & Maureen E. Riggs Local Government Law, August 2003 Breaking news throughout the country, dangerous and vicious dogs have generated dramatic headlines and snatched space in newspapers and other broadcast media through a series of sometimes fatal attacks, including felony convictions for reckless owners.
Drafting ideas for pet care By Paul A. Meints Family Law, November 2002 To many of your clients, pets are an important part of life. The level of emotional involvement (generally directly proportional to the amount of money the client is willing to spend on the pet's care) tends to vary from client to client.
Drafting ideas for pet care By Paul A. Meints Traffic Laws and Courts, September 2002 To many of your clients, pets are an important part of life.
Animal cruelty and domestic violence By Lee Beneze Elder Law, April 1999 Animal abuse is itself disgusting enough. However, for at least the last century, civilized societies have criminalized animal abuse, not just for what it means to animals, but for what it means to humans.

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