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Articles 1 - 11 of 11
Full-Text Articles in Law
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Rebecca J. Huss
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 …
Canines In The Classroom: Service Animals In Primary And Secondary Educational Institutions, Rebecca J. Huss
Canines In The Classroom: Service Animals In Primary And Secondary Educational Institutions, Rebecca J. Huss
Rebecca J. Huss
This Article focuses on the issue of whether a child with a disability has the legal right to attend a primary or secondary school with a service animal. It begins by setting forth basic information regarding the children who are currently receiving special education services and discussing the increasing number of animals placed into service with individuals under the age of eighteen, focusing on the recent trend of utilizing service animals to assist children with an autism spectrum disorder. Studies relating to the common argument against allowing service animals in schools – the impact of service animals on others with …
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
Rebecca J. Huss
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 and …
The Pervasive Nature Of Animal Law: How The Law Impacts The Lives Of People And Their Animal Companions, Rebecca J. Huss
The Pervasive Nature Of Animal Law: How The Law Impacts The Lives Of People And Their Animal Companions, Rebecca J. Huss
Rebecca J. Huss
Faculty members at Valparaiso University School of Law who attain the rank of full professor are expected to deliver an inaugural lecture to the University community and the public at large. This article is based on that lecture, delivered on September 25, 2008. This Article begins by distinguishing between “animal law,” “animal rights,” and “animal welfare” and discussing the growth of the field of animal law. It continues by setting forth the statistics on the number of companion animals in the United States (“U.S.”) and information about the households who have companion animals. The remainder of the article analyzes some …
Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss
Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss
Rebecca J. Huss
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 …
Rescue Me: Legislating Cooperation Between Animal Control Authorities And Rescue Organizations, Rebecca J. Huss
Rescue Me: Legislating Cooperation Between Animal Control Authorities And Rescue Organizations, Rebecca J. Huss
Rebecca J. Huss
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 …
No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss
No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss
Rebecca J. Huss
Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contracts clauses.
Recent Developments In Animal Law, Rebecca J. Huss
Recent Developments In Animal Law, Rebecca J. Huss
Rebecca J. Huss
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.
Valuation In Veterinary Malpractice, Rebecca J. Huss
Valuation In Veterinary Malpractice, Rebecca J. Huss
Rebecca J. Huss
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.
Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss
Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss
Rebecca J. Huss
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.
Valuing Man's And Woman's Best Friend: The Moral And Legal Status Of Companion Animals, Rebecca J. Huss
Valuing Man's And Woman's Best Friend: The Moral And Legal Status Of Companion Animals, Rebecca J. Huss
Rebecca J. Huss
This article first provides an overview of the philosophicla basis of the allocation (or non-allocation) of moral status to nonhuman animals considering historical and modern views of animals. Second, it analyzes the legal status of animals under the current system and discusses the idea of extending legal personhood to such animals. Next it considers the common law and statutory basis for the current valuation of companion animals. Finally, this article supports and promotes the idea that there is a rational basis for changing the way that companion animals should be valued by the legal system and recommends the adoption of …