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Articles 1 - 26 of 26
Full-Text Articles in Law
All Dogs Are Emotional Support Animals: The Timely Need To Reconsider The Rights Of Renters To Have Dogs Under The Fair Housing Act, Leigh Cummings
All Dogs Are Emotional Support Animals: The Timely Need To Reconsider The Rights Of Renters To Have Dogs Under The Fair Housing Act, Leigh Cummings
Marquette Benefits and Social Welfare Law Review
The lack of pet-friendly housing options in the United States and the current web of property-owner-imposed restrictions unfairly prevents renters and lower-income individuals and families from benefitting from dog companionship. The recent confusion and stigma around the term “emotional support animal” has led to misinterpretation of the requirements of a reasonable accommodation request under the Fair Housing Act. Interpreting “assistance animal” under the Fair Housing Act as a blanket classification that applies to all dogs would reverse this current bias. Restrictions should promote responsible pet caretaking, not limit dog ownership. Considering recent heightened protections for dogs in other areas of …
Justice For Dogs, Alexander J. Lindvall
Justice For Dogs, Alexander J. Lindvall
Arkansas Law Review
This Essay summarizes the Fourth Amendment’s protection of dogs. The Fourth Amendment protects people from unreasonable seizures. And nearly every circuit has held that it is unreasonable (and therefore unconstitutional) for an officer to shoot (seize) a dog without a very good reason. Killing a nonthreatening family pet is one of the most egregious forms of police misconduct. The courts rightfully recognize that the unjustified harming of a dog violates the Fourth Amendment.
Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara
Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara
University of Miami Race & Social Justice Law Review
The carceral state has used non–human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non–consenting non–human animals have been coopted into the role of agents of oppression. Yet, the same non– human animals are themselves routinely brutalized and oppressed by the carceral state. Police kill several thousands of family’s companion dogs every year in the United States. Law enforcement agencies train animals …
Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders
Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders
Touro Law Review
No abstract provided.
Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart
Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart
Michigan Journal of Race and Law
The use of dogs as tools of oppression against African Americans has its roots in slavery and persists today in everyday life and police interactions. Due to such harmful practices, African Americans are not only disproportionately terrorized by officers with dogs, but they are also subject to instances of misplaced sympathy, illsuited laws, and social exclusion in their communities. Whether extreme and violent or subtle and pervasive, the use of dogs in oppressive acts is a critical layer of racial bias in the United States that has consistently built injustices that impede social and legal progress. By recognizing this pattern …
Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman
Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman
Pace Law Review
Part I of this article uses the empirical research of experts (animal behaviorists, ethologists, and cynologists) to explain reasons canine companions and their humans love riding together. It also highlights the potential risks when dogs distract drivers. Acknowledging that only a few studies exist, it provides whatever statistics are available and posits that data strongly suggest dogs who are roaming free in a car cause or at least contribute to many accidents. This means, in addition to drivers and passengers in other vehicles and even pedestrians, these animals represent a significant potential danger to themselves and occupants of their car …
Keeping Man's Best Friend His Best Friend: Why Minors Should Not Witness Animal Abuse And Legislation That Can Prevent This Exposure, Kaleah M. Ault
Keeping Man's Best Friend His Best Friend: Why Minors Should Not Witness Animal Abuse And Legislation That Can Prevent This Exposure, Kaleah M. Ault
Valparaiso University Law Review
No abstract provided.
6,083 Dogs Shot And Killed: The Unknown Puppycide Epidemic In America, Genette Gaffney
6,083 Dogs Shot And Killed: The Unknown Puppycide Epidemic In America, Genette Gaffney
Animal Law Review
Wrongful police killings of companion dogs is gaining attention on local and national levels. Efforts to hold officers accountable are often stalled by a qualified immunity provided to officers under the Fourth Amendment and the lack of state laws and policies providing protection to domesticated animals. This article examines case law on qualified immunity—and state statutes offering canine protection—and suggests different policies that may be implemented to afford better protection to our pets and citizens. Part I provides a brief background on why dog shootings persist and provides examples of dogs shot and killed by police. Part II discusses and …
Supply The Hand That Feeds: Narcotic Detection Dogs And The Fourth Amendment, Megan Yentes
Supply The Hand That Feeds: Narcotic Detection Dogs And The Fourth Amendment, Megan Yentes
Northern Illinois University Law Review
Police canines are highly valued by law enforcement agencies as they are capable of detecting the faintest scent of contraband. The Supreme Court has established that a canine sniff is not a "search" within the meaning of the Fourth Amendment, and as long as a canine has been formally trained by any "bona fide" organization, their positive alert provides law enforcement officials with the requisite probable cause to institute warrantless and invasive searches of automobiles. The Supreme Court's flawed approach was best summed up by Justice Souter when he stated, "The infallible dog, however, is a creature of legal fiction." …
Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen
Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen
Animal Law Review
This Article discusses situations in which an officer has shot a companion canine, and evaluates the efficacy of the different potential civil claims that an owner may have against the individual officer, his supervisor, the department, or the municipality. It then goes on to suggest that the relief granted, even for successful claims, is insufficient to alter municipal policies governing officer’s interactions with canines because such relief is typically retrospective in nature. Additionally, this Article discusses the serious problems that arise in relying on civil litigation as a mechanism for addressing officer-involved canine companion shootings because of the status of …
The Purpose Of The Fourth Amendment And Crafting Rules To Implement That Purpose, Thomas K. Clancy
The Purpose Of The Fourth Amendment And Crafting Rules To Implement That Purpose, Thomas K. Clancy
University of Richmond Law Review
No abstract provided.
Not Alll Dogs Go To Heaven: Judaism's Lessons In Beastly Morality, Mark Goldfeder
Not Alll Dogs Go To Heaven: Judaism's Lessons In Beastly Morality, Mark Goldfeder
Animal Law Review
This Essay examines the moral status of animals and the definition of humanity under traditional Jewish law, as contained in Biblical texts and commentaries by ancient and historical Jewish scholars. Examining whether animals are capable of moral behavior, it provides examples from various Judaic sources to support the idea that animals are capable of making conscious, moral choices. This Essay goes on to investigate the effect that morality has on the rights and rewards given to animals under Jewish law, and whether, as conscious moral actors, animals have souls. Turning more broadly to the definition of humanity, this Essay discusses …
Pawing Their Way To The Supreme Court: The Evidence Required To Prove A Narcotic Detection Dog's Reliability, Monica Fazekas
Pawing Their Way To The Supreme Court: The Evidence Required To Prove A Narcotic Detection Dog's Reliability, Monica Fazekas
Northern Illinois University Law Review
Historically, courts have given great deference to the anatomical scent detectors from which the canine’s heightened sense of smell derives. In 2005, the Supreme Court supported this position and held that a drug detection dog’s sniff did not constitute a search under the Fourth Amendment. The Court partially based its reasoning on the classification of the dog sniff as sui generis. With this holding, courts began admitting evidence of a drug detection dog’s alert to narcotics to constitute the requisite probable cause for an officer’s search. Virtually every circuit allows a canine alert to establish such probable cause by presenting …
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Missouri Law Review
This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. Part II begins by analyzing federal law applicable to students bringing service and assistance animals to campus. Part III explores the use of animal-assisted activities on campus. Part IV continues with an examination of policies allowing students to have companion animals in campus housing. Part V considers concerns administrators raise about allowing animals on campus. Finally, Part VI sets forth the steps an educational institution should implement to ensure compliance with the law and proposes actions that can be taken …
No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker
No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker
Animal Law Review
As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders’ sentences only if they injure human victims. This Note considers the development of anti-cruelty laws and explores how sentencing guidelines, victim injury points, and other sentence enhancement mechanisms function in U.S. criminal justice systems. It examines how multiple states treat victim injury, focusing particularly on Florida where, in October 2011, a Florida Assistant State Attorney—in what was likely the …
2010 Legislative Review, Jenny Keatinge, Richard Myers
2010 Legislative Review, Jenny Keatinge, Richard Myers
Animal Law Review
No abstract provided.
Grooming Dogs For The Educational Setting: The "Ideia" Behind Service Dogs In The Public Schools, Sarah Allison L. Wieselthier
Grooming Dogs For The Educational Setting: The "Ideia" Behind Service Dogs In The Public Schools, Sarah Allison L. Wieselthier
Hofstra Law Review
No abstract provided.
Caring For Dolphins, Otters, And Octopuses: Speciesism In The Regulation Of Zoos And Aquariums, Marla K. Conley
Caring For Dolphins, Otters, And Octopuses: Speciesism In The Regulation Of Zoos And Aquariums, Marla K. Conley
Animal Law Review
Current regulations for zoos and aquariums rely heavily on standards established by industry associations, and the government increasingly expects public display facilities to self-monitor. Unfortunately, the industry associations charged with policing zoos and aquariums lack the enforcement authority necessary to ensure that animals kept in these facilities receive adequate attention or resources. This article argues that marine animals kept in public display facilities, such as zoos and aquariums, should benefit from the same level of regulatory protection as their land-bound counterparts. Even though marine animals demonstrate intellectual abilities equivalent or superior to those of land-bound animals, federal regulations allow facilities …
See Spot Eat, See Spot Die: The Pet Food Recall Of 2007, Kate Paulman
See Spot Eat, See Spot Die: The Pet Food Recall Of 2007, Kate Paulman
Animal Law Review
When dogs and cats across the country fell inexplicably ill in March of 2007, their human companions became sick with worry. Veterinarians eventually determined contaminated pet food was the source of these illnesses. Melamine, an industrial chemical used in cookware, furniture, and industrial fertilizers, contaminated wheat gluten manufactured in China and utilized in many pet food brands in the United States and Canada. This contamination led to a recall of more than 200 brands of pet food - the largest in American history. This comment explores the reasons behind the contamination and the ensuing recall. The author identifies inadequate domestic …
People V. Caballes: An Analysis Of Caballes, The History Of Sniff Search Jurisprudence, And Its Future Impact, Brett Geiger
People V. Caballes: An Analysis Of Caballes, The History Of Sniff Search Jurisprudence, And Its Future Impact, Brett Geiger
Northern Illinois University Law Review
This article begins by attempting to understand sniff search jurisprudence through the earliest Supreme Court precedent and the application of those cases by the various circuits. Then after a brief discussion of the Caballes case itself it attempts to discern the various arguments made by the parties in the suit, scholars, and practitioners, examining each for its relative merit. Finally, the article attempts to predict what impact Caballes will have on both the use of canines in law enforcement and other technologies that serve similar purposes.
Dog-Focused Law's Impact On Disability Rights: Ontario's Pit Bull Legislation As A Case In Point, Barbara Hanson
Dog-Focused Law's Impact On Disability Rights: Ontario's Pit Bull Legislation As A Case In Point, Barbara Hanson
Animal Law Review
Legislation that affects dogs also affects persons with disabilities to some extent. This link shows up in statutory definitions, is justified by social construction theory, and has been reified in case law. Thus, it is important to examine statutes like Ontario’s pit bull legislation in terms of their potential impact on persons with disabilities. Upon close examination, it appears that the legislation suffers from vague definitions, conflicting onus of proof, absence of fair process, and severe penalties, including imprisonment. Further, it contains no reference to dogs used by persons with disabilities. This means that there is potential for persons with …
Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman
Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman
Animal Law Review
Although all states outlaw cruelty to companion animals, most jurisdictions only prohibit causing unnecessary suffering as well as failure to provide food, water, and shelter. They do not address whether owners must obtain veterinary care. Even the few statutes that mention such treatment do not define exactly what kind and how much is required. This article highlights the deficiencies in these laws. It argues that keeping pets creates an obligation to get them medical treatment when they are sick or injured and also explains why such a duty is necessary. In addition, it proposes uniform legislation that creates an explicit …
The Role Of Animals In Livable Communities, Earl Blumenauer
The Role Of Animals In Livable Communities, Earl Blumenauer
Animal Law Review
No abstract provided.
Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale
Man Bites Dog With Ohio's Vicious Dog Statute, Diane K. Hale
Cleveland State Law Review
This article discusses Ohio’s vicious dog statute, ORC 955.11, signed into law in July 1987. Section II provides background information on pit bulls and their general reputation in society. Section III explains how dogs and dog ownership were regulated under the old law, and then Section IV delves into how the new law operates to regulate dogs. Section V moves into issues of Constitutionality, and Sections VI and VII discuss alternative options and proposes changes to the new law.
Negligence-Violation Of A Dog-Leash Ordinance As A Basis For Negligence, John J. Edman S. Ed.
Negligence-Violation Of A Dog-Leash Ordinance As A Basis For Negligence, John J. Edman S. Ed.
Michigan Law Review
Defendant, in violation of a city ordinance requiring every owner or custodian of a dog to keep the animal on his own premises unless on a leash and under control of a competent person, allowed his dog to run loose on the street. On collision of the dog with plaintiff's motor scooter, plaintiff brought suit for injuries incurred, claiming negligence per se by defendant through violation of the ordinance. The trial court sustained defendant's demurrer. On appeal, held, reversed. The violation of the ordinance was negligence per se, since the purpose of the ordinance included the protection of people …
Admissible Evidence Of Viciousness Of Domestic Animal, Clarence Cornelius
Admissible Evidence Of Viciousness Of Domestic Animal, Clarence Cornelius
Kentucky Law Journal
No abstract provided.