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Animal Law

Law Faculty Publications

Articles 1 - 12 of 12

Full-Text Articles in Law

Unleashing The Fourteenth Amendment, Ann L. Schiavone Jan 2016

Unleashing The Fourteenth Amendment, Ann L. Schiavone

Law Faculty Publications

Do Justice Anthony Kennedy's opinions in the gay rights cases of Romer v. Evans,2 Lawrence v. Texas,3 United States v. Windsor,4 and Obergefell v. Hodges5 have any impact on the future of Fourteenth Amendment jurisprudence beyond rights for gays., lesbians, and transgender persons? We don't know. It is possible these cases will simply remain siloed in their unique legal and cultural niche, but viewing tbem through the lens of 150 years of Fourteenth Amendment jurisprudence suggests they may signaJ a shift in due process and equal protection analysis. This shift couJd open the doors …

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Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss Jan 2014

Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss

Law Faculty Publications

No abstract provided.

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Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca Huss Jan 2013

Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca Huss

Law Faculty Publications

No abstract provided.

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Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman Jan 2012

Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman

Law Faculty Publications

Peter Lovenheim owned a small stake in Iroquois Brands, Ltd (Iroquois). He proposed that the corporation discontinue its distribution of one product, pâté de foie gras, because he objected to the treatment of the geese necessary to the production of the product. Under federal regulations, Iroquois was required to include such proposals in the proxy materials it sent out in advance of its annual shareholder meeting unless an exception applied. Iroquois Brands thought it could exclude the proposal because the product in question constituted a trivial part of its business. Lovenheim went to the District Court seeking an order requiring …

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Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss Jan 2012

Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss

Law Faculty Publications

This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. The Article begins by analyzing the federal law applicable to students bringing service and assistance animals to campus. The use of animal-assisted activities on campus is also explored. The Article continues with an examination of policies allowing students to have companion animals in campus housing. Concerns raised by administrators about allowing animals on campus are then considered. Finally, the Article sets forth the measures an educational institution should implement to ensure compliance with the law and proposes actions that can …

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Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss Jan 2010

Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss

Law Faculty Publications

This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.

Note from Author: After the publication of this article, in July 2010, final regulations for the ADA were released. These final regulations can be found at 75 Fed. Reg. 56164 (Sept. 15, 2010) (applying to state …

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Why Animal Law Matters: Establishing Animal Law Section In Era Of Emerging Issues, Rebecca J. Huss Mar 2009

Why Animal Law Matters: Establishing Animal Law Section In Era Of Emerging Issues, Rebecca J. Huss

Law Faculty Publications

"This article defines animal law and discusses some of the areas of practice that deal with animal law issues."

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Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss Jan 2008

Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss

Law Faculty Publications

The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff's Department seized fifty-three pit bulls from Vick's home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether …

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Rescue Me: Legislating Cooperation Between Animal Control Authorities And Rescue Organizations, Rebecca J. Huss Jan 2007

Rescue Me: Legislating Cooperation Between Animal Control Authorities And Rescue Organizations, Rebecca J. Huss

Law Faculty Publications

Notwithstanding the overwhelming evidence that shows how important pets are to many people in the United States, the leading cause of death for dogs and cats in this country is euthanasia because of the lack of homes. Although progress has been made, conservative estimates are that between three and four million dogs and cats are euthanized each year. A successful program for implementing non-lethal strategies to control the pet population incorporates three prongs: (a) increasing adoptions, (b) increasing the number of animals sterilized and (c) increasing the number of animals retained in homes. This Article focuses on the legislative actions …

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Recent Developments In Animal Law, Rebecca J. Huss Jan 2005

Recent Developments In Animal Law, Rebecca J. Huss

Law Faculty Publications

This article focuses on recent developments in litigation and legislation involving the injury or death of animals. The article first discusses recent veterinary malpractice cases where the central issue was not related to damages. Next, the article analyzes recent cases that have focused on the appropriate way to value animals that have been injured or killed due to the tortious acts of another. Finally, this article highlights recent legislative efforts that allow for civil suits based on the injury or death of an animal.

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Valuation In Veterinary Malpractice, Rebecca J. Huss Jan 2004

Valuation In Veterinary Malpractice, Rebecca J. Huss

Law Faculty Publications

This article begins with a description of veterinarians and the status of veterinary malpractice. Next, the article considers the elements and key issues involved in veterinary malpractice. The article then analyzes the current law relating to damages available in veterinary malpractice suits. Finally this paper considers whether the way current damage calculations are being made is apprpriate and advocates the the adoption of statutory provisions allowing capped non-economic damages in these cases.

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Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss Jan 2003

Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss

Law Faculty Publications

This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.

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