Animal Law Research Guide
TABLE OF CONTENTS
A. BOOKS
B. ARTICLES
C. STATUTES
D. WEBSITES
E. ALERTS
F. REGULATIONS
G. CASE LAW
II. SPECIFIC AREAS OF ANIMAL LAWA. DOG FIGHTING
1. Books
2. Articles
3. Statutes
4. Alerts
5. Case Law
B. COMPANION ANIMALS AND FAMILY LAW ISSUES: DOMESTIC VIOLENCE AND CUSTODY DISPUTES
1. Books
2. Articles
3. Statutes
4. Websites
5. Alerts
6. Case Law
1. Books
2. Articles
3. Reports
4. Statutes
5. Websites
6. Alerts
7. Case Law
I. ANIMAL LAW GENERALLY
Animal law is increasingly recognized as a valid and important issue in the legal field. This field of law is pervasive and becomes relevant to environmental law, constitutional law, and property law, among other areas. There is finally recognition of animals as sentient beings and the laws are being challenged to catch up. Key search terms for animal law include, but are not limited to, "animal law," "endangered species act," "animal cruelty," "animal neglect," "animal welfare," "hoarding," "humane law enforcement," "non-human rights," "animals in entertainment," "animal testing," and "CITES and wildlife."
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A. BOOKS
Animals and the Law: A Sourcebook, Jordan Curnutt (ABC CLIO 2001); Vermont Law School Environmental Collection, Call Number KF390.5 A5 C87 2001
This book covers almost every animal issue confronting the legal community today. Subjects discussed in this book are: animals' rights, companion animals, animal agriculture, animals in entertainment, wild animals, and laboratory animals. In each of these sections the author gives a history of the subject and then discusses the laws in place impacting the animals. The author also provides case law references in each of the sections. This is a very comprehensive look at animal law and what it encompasses.
David Favre, Animal Law: Welfare, Interests, and Rights 244-46 (Wolters Kluwer 2008); Vermont Law School Environmental Collection, Call Number KF390.5.A5 F382 2008
This book gives an overview of several types of issues regarding animals. It includes a variety of species, although focuses on companion animals and agricultural animals. It has designated portions which discuss the Animal Welfare Act and standing. Favre rounds out this book with chapters on ethical issues involving animals and the social movement surrounding animal welfare protection. This is a good tool for directing you to primary sources such as cases and other more specific secondary sources such as journal articles.
Mary Randolph, Every Dog's Legal Guide: A Must-Have Book For Your Owner 277-290 (Nolo 2007); Vermont Law School Main Collection, Call Number KF390.5.D6.R36 2007
This is a very user friendly book about dogs and the laws that guardians should be aware of. The topics covered in this book are: state and local regulation, buying and selling dogs, landlords, veterinarians, traveling, barking, assistance dogs, dog injured or killed, providing for pets, dog bites, dangerous dogs, cruelty, legal research, and state statutes. Each of these categories is then broken down into more detailed subcategories. This is a hybrid of a "how-to" book and a dog law treatise.
Steven Wise, Drawing the Line: Science and the Case for Animal Rights (Basic Books, 2003)
This is the second book by law professor Steven Wise, who also published Rattling the Cage and most recently An American Trilogy: Death, Slavery, and Dominion on the Banks of Cape Fear River. In this book Wise argues for the "legal personhood" of animals based on scientific, theoretical, and legal philosophies. His passion for the subject comes through in his writing and it is likely that his books, particularly this one, will have an impact on how courts determine standing in animal law cases. Steven Wise was one of the first animal law practitioners on the East Coast and his works are well known throughout the animal law community. He is also the former president of the Animal Legal Defense Fund.
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B. ARTICLES
Luis E. Chiesa, Why is it a Crime to Stomp on a Goldfish?-Harm, Victimhood, and the Structure of Anticruelty Offenses, 78 Miss. L.J. 1 (2008)
This article takes an extensive look at animal cruelty. The author begins with a history of anti-cruelty statutes and then goes into an explanation of harm, consent, and victimhood. Five theories are presented to explain the motivation behind the anti-cruelty statutes. The author's ultimate argument is that humans have criminalized the infliction of harm on animals for the well-being of the animals themselves and not for some ulterior anthropocentric motive.
Fran Ortiz, Animal Law: A New Breed of Practice, 45 Hous. Law. 30 (2008)
This article presents the evidence that animal law is on the rise. There are significantly more animal law courses offered at law schools and the article interviews multiple practitioners from the field. The article demonstrates the evolution of animals in the legal system; from property to a member of the family, or at the very least a being that has the capacity to feel pain.
Darian M. Ibrahim, The Anticruelty Statute: A Study in Animal Welfare, 1 J. Animal L. & Ethics 175 (2006)
The article starts out by explaining the distinction between animal welfare and animal rights. It then goes into an examination of anticruelty statutes around the nation and the exemptions that legislatures have tended to include in the language. Finally, the author evaluates how these anticruelty statutes have been interpreted by the courts and the practices that are still traditionally accepted as exemptions under these statutes.
Megan A. Senatori, The Second Revolution: The Diverging Paths of Animal Activism and Environmental Law, 8 Wis. Envtl. L.J. 31 (2002)
After describing the development of both environmental law and animal law the author argues that the two fields should be more cohesive rather than fragmented as they are now. The author arrives at this conclusion despite acknowledging the areas in which the two fields diverge. The author concludes with the conviction that animal law is inherently a part of environmental law and the two should unite for a more effective and thorough revolution
C. STATUTES
Stephan K. Otto, Animal Protection Laws of the United States of America and Canada, Fourth Edition, http://www.aldf.org/article.php?id=259
This is a valuable resource for anyone researching or practicing in the field of animal law. Downloadable (for free) from the Animal Legal Defense Fund's website, this database includes all the laws of each state dealing with animal protection. Extensive information is provided for each statute including penalties, exemptions, and enforcement policies. Another attribute of this database is that it is frequently updated with more recent editions.
Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, Paul A. Ernest, State Animal Anti-Cruelty Laws: An Overview, 5 Animal L. 69 (1999)
This article discusses the animal cruelty statutes across the country. It compares and contrasts the laws of different states and evaluates their usefulness from a practitioner's perspective. It was authored with the goal of providing its readers with a resource for research and statistics on the subject.
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E. WEBSITES AND ALERTS
Animal Legal & Historical Web Center, Michigan State University College of Law, http://www.animallaw.info/
This is an extremely helpful website for doing animal law research. A visitor can choose to research by state, topic, laws, cases, species, or country. Searching by topic provides the visitor with a number of links to cases, statutes, articles, books, and outside links. The homepage provides any recent developments in animal law news.
http://animallawonline.blogspot.com/
This animal law blog is useful for keeping up to date on issues relevant to the field. Updated frequently the author includes news stories, cases, law articles and books, and recent legislation in her posts. The blogger also includes a sidebar with links to: animal law events, other animal law blogs, legal blogs and search engines, pending animal legislation, animal law attorneys by state, and animal bar associations. This would be a good starting place to begin research on an animal law issue. It also gives the viewer the option of adding the blog to their Google or Yahoo homepage. This blog has RSS capabilities.
http://animalblawg.wordpress.com/
This animal law blog covers all issues facing animals in the current legal system. Posts include advice for a meat free diet, attention to recently published law journal articles on animal law, and notice of conferences and events surrounding the issue of animal law. The bloggers provide links to additional animal law blogs and allow the visitor to view the blog by category; for example, factory farming or hunting. This blog has RSS capabilities.
http://aldf.org/article.php?list=classt&class=20&type=7&limit=5
The Animal Legal Defense Fund (ALDF) is a national nonprofit organization that utilizes the legal system to positively influence animal welfare issues. ALDF is a leading organization in the legal protection of animals. Their proximity to the most current legal issues involving animals makes their blog a must read for animal advocates. The blog is regularly updated with the status of current cases, the passage of legislation that affects animal interests, and articles written by animal practitioners.
http://forms.vermontlaw.edu/library/resource-directory/index.cfm?9K2oH/194
The Vermont Law School Library website provides an animal law research guide to students and faculty. The guide gives a title, a brief description, and a link to useful animal law websites (many of which are referenced in this research guide as well).
F. REGULATIONS
Animals and the Law: A Sourcebook, Jordan Curnutt (ABC CLIO 2001); Vermont Law School Environmental Collection, Call Number KF390.5 A5 C87 2001
At the conclusion of each chapter in this book the author lists state and federal regulations about each subject. Many regulations are specifically referenced in the chapter discussing animals and legal rights.
G. CASE LAW
Pamela D. Frasch, Sonia S. Waisman, Bruce A. Wagman, Scott Beckstead, Animal Law, (Carolina Academic Press 2000); Vermont Law School Environmental Collection, Call Number KF390.5A5.A85 2000
This is the casebook used in semester long animal law courses around the country. The authors of this book are some of the pioneers of animal law in the courtroom. The case law in this book is organized under the basic areas of law: property law, contract law, tort law, constitutional law, criminal law, and wills and trusts. The book also contains information about federal and state statutes involving animals.
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II. SPECIFIC AREAS OF ANIMAL LAW
A. DOG FIGHTING: Dog fighting is a crime in all 50 states. There has been an increased outcry against dog fighting since the Michael Vick case put it in headlines around the nation. The sources discussing the legal issues implicit in dog fighting include the criminal penalties, the history of the sport, the dogs as evidence (associated costs and locations), and fate of the dogs post conviction. Key search words for this category are: "dog fighting," "Michael Vick," "vicious dogs," "animal fighting," "streetfighting," and "pit bull fighting."
1. BOOKS
David Favre, Animal Law: Welfare, Interests, and Rights 244-46 (Wolters Kluwer 2008); Vermont Law School, Environmental Collection, Call Number KF390.5.A5 F382 2008
Favre's book covers a wide variety of animal law issues, including a couple of pages about dog fighting. Specifically it contains a brief discussion of the history of animal fighting and an excerpt from essay by Hannah Gibson entitled "Dog Fighting Detailed Discussion" (See "Articles" sections for more on Gibson's article).
Jordan Curnutt, Animals and the Law: A Sourcebook 283-88 (ABC CLIO 2001); Vermont Law School, Environmental Collection, Call Number KF390.5.A5 C87 2001
This book contains an excerpt on the history of the "sport" as well as a few paragraphs on the contemporary status of the practice. Curnutt makes the link between dog fighting and the increasing presence of dangerous dog legislation. Finally, the author notes the rapid increase in harsh laws regarding the practice of dog fighting and discusses how the laws vary among the states (citing specific states and their laws). This portion of the book also includes a review of the case law on this issue.
Mary Randolph, Every Dog's Legal Guide: A Must-Have Book For Your Owner 304 (Nolo 2007); Vermont Law School, Main Collection, Call Number KF390.5.D6.R36 2007
This book covers an array of legal issues regarding dogs including a small section on dog fighting. The book includes a brief discussion of dog fighting and what is usually encompassed in a state statute outlawing dog fighting.
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2. ARTICLES
CNN, Dog Fighting is Booming Business Experts Say, July 19, 2007, http://www.cnn.com/2007/US/07/18/dog.fighting/index.html.
This article discusses the increasing trend in fighting dogs. It gives statistics about how many fighting dogs are being used, how many professional dogfighters are in the country, and how much money a person can make for a winning dog.
Hannah Gibson, Dog Fighting Detailed Discussion, Animal Legal & Historical Ctr., 2005, www.animallaw.info/articles/ddusdogfighting.htmThis is an extensive look at almost every aspect of dog fighting; from the actual rules that are followed to the sociology behind it. The non-legal areas covered in this article include the history and scope of dog fighting, the culture of the "sport," the physical results of dog fighting, and the sociology behind it. Legally Gibson discusses the link between dog fighting and other criminal activity and the legal status of dog fighting across the country. This article contains extensive footnotes that would be helpful in locating additional sources on the subject.
Rebecca J. Huss, Lessons Learned: Acting as a Guardian/Special Master in the Bad Newz Kennels Case, 15 Animal L. 69 (2008)
Rebecca Huss was appointed by the U.S. District Court for the Eastern District of Virginia to be the guardian/special master for the 53 Pit Bulls confiscated from Michael Vick's Bad Newz Kennels. Huss' sole role in this position was to represent the best interests of the dogs throughout the litigation. It is likely that the vast majority of Vick's dogs would have been euthanized if Huss had not spent a significant amount of time evaluating each individual dog. Her article discusses the case and her role in the case. She concludes with addressing issues relevant to the future role of guardians/special masters in cases involving animals.
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3. STATUTES
http://www.animallaw.info/articles/art_img/state_dogfighting_statutes.doc
This chart includes the dog fighting statute citation for each state in addition to several other factors such as: maximum imprisonment, maximum fine, whether or not it includes a spectator provision, and whether it contains a keep/own/possess provision.
http://www.hsus.org/acf/fighting/dogfight/ranking_state_dogfighting_laws.html
This website ranks all 50 states on the severity of their dog fighting statutes. Factors considered include: whether it is a felony or a misdemeanor, whether it includes spectators, and whether just possession of a fighting dog is a violation.
4. ALERTS
The majority of the animal law blogs (some are referenced in the "Animal Law Generally" section) supply free RSS feed downloads from their websites. RSS stands for Really Simple Syndication and is an easy way to stay up to date on important issues. Yahoo and Google allow a user to customize their homepage with up to date news alerts. While a user cannot include specific key words for these alerts, the "News" and "Politics" categories would most likely contain any breaking news issue relevant to animal law.
The New York Times offers an RSS feed for the topic of dog fighting on this website. There is an RSS icon on the right of the page and the website walks the user through the steps. This link gives example of the type of news one would receive via the feed. The RSS would supply summaries of the stories and links to the full article.
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5. CASE LAW
References to the following cases were repeatedly found in animal law casebooks, treatises, and journals. Many of these cases are noted for the precedent they set or for the claim the parties attempted to bring. These cases often cite to one another and demonstrate the relative newness of the field. These specific cases were chosen based on the frequency with which they were referenced by supplemental material. For more recent case law please see the Animal Law Info website referenced in the "Websites" portion of this topic.
People v. Cumper, 268 N.W.2d 696 (Mich. Ct. App. 1978)
The defendants in this case argued that the dog fighting statute was vague and unconstitutionally overbroad as it applied to spectators. The court reasoned that in order for the spectator to be prosecuted under the statute they must be knowingly attending an illegal event; and this was neither vague nor overbroad.
Hargrove v. State, 321 S.E.2d 104 (Ga. 1984)
This case addresses some of the constitutional arguments typically raised by the defense in dog fighting cases. The defendants in this case made several constitutional claims including: vagueness, due process, and equal protection. The court reviewed the definition of "allowed" and determined that the dog fighting statute was sufficiently definite to put the defendants on notice. The court also found that dog fighting did not involve a suspect class and implicated no fundamental rights; therefore the state only needed a legitimate interest in order to rationalize the more severe penalty for the crime of dog fighting.
Moody v. State, 320 S.E.2d 545 (Ga. 1984)
The court upheld the application of the Georgia's dog fighting statute to individuals who engage in the practice of dog fighting, but would not uphold the charge against the defendants who were indicted for being present at a dog fight without necessarily intending to participate in it.
Ash v. State, 718 S.W.2d 930, 931 (Ark. 1986)
The court in this case evaluates what actions constitute "promotion" of dog fighting. When the police raided the defendant's house and arrested everyone present at the dog fight the defendant was not home. Despite her absence at this particular fight the court still found that a jury could determine that she was "promoting" dog fighting.
State v. Gaines, 580 N.E.2d 1158 (Ohio 1990)
The defendant in this case raises the same constitutional issues as the defendant in Hargrove v. State. In this case the defendant argued that the statute was vague because it did not give "dog fighting" a specific definition. The court, however, determined that in the context of the statute as a whole "dog fighting" was defined and not vague. The defendant also attempted to claim that the statute mandates cruel and unusual punishment. Again the court rejected this argument understanding that the legislature instituted such a punishment to reflect the gravity of the crime.
People v. Bergen, 883 P.2d 532, 535 (Colo. 1994)
The defendant in this case is a reporter who wanted to do a story on dog fighting in Colorado. In doing research for the story the defendant arranged to attend and videotape a dog fight. Ultimately the publication of the story resulted in charges of perjury and dog fighting. The court in this case did not sustain the defendant's First Amendment claim. It reasoned that freedom of the press does not permit a reporter to engage in illegal activities. Knowingly attending a dog fight in Colorado is illegal and the court upheld the charges against her.
http://www.animallaw.info/cases/topiccases/catoaf.htm
This website includes a thorough list of cases on the subject of dog fighting and a brief summary of each. The historical, precedent setting, cases can be found here along with more recent cases, from 2004 and 2006.
B. FAMILY LAW ISSUES COMPANION ANIMALS: DOMESTIC VIOLENCE AND CUSTODY DISPUTES:
There are a variety of family law issues surrounding companion animals; two of the most prominent involve domestic violence and custody disputes over the animals. There is an undeniable link between animal abuse and violence against humans. This link is so clear that the American Journal of Psychiatry includes cruelty to animals in their triad of behaviors predictive of adult crime, along with enuresis and fire setting. It is not uncommon for abusers to use the family pet as a means of controlling their victims. This has become such a concern that states are finally beginning to pass legislation to include animals in protective orders that victims have against their abusers. Custody battles over animals are also increasing in frequency. Every time these cases go to trial the notion of pets as property is challenged. Some courts are even applying "the best interest" (of the animal in this case) standard which is commonly applied to children in custody disputes. Key search words for this category are: "animal abuse," "animal abuse link to human violence," "domestic violence," "pet custody," "animals and protective orders," "divorce custody," "pets in divorce settlements," "animals in domestic disputes" and, "pets as control tools."
1. BOOKS
David Favre, Animal Law: Welfare, Interests, and Rights 244-46 (Wolters Kluwer 2008); Vermont Law School Environmental Collection, Call Number KF390.5.A5 F382 2008
This book covers a variety of animal law issues and devotes a few pages to the issue of custody disputes involving companion animals. In the brief discussion the author directs the reader to a law review article on the subject and includes an excerpt from a case. The discussion focuses on the discrepancy between courts regarding whether or not the laws can be interpreted to view companion animals as property or as beings that the "best interest" standard should apply to.
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2. ARTICLES
Companion Animal Custody Dispute Articles:
Albert Momjian, Pets in Divorce, 77 Penn. Bar Ass'n Q. 77 (2006)
Momjian's article begins with a discussion of how the courts in Pennsylvania have treated companion animals in custody disputes. The article proceeds to briefly reference how other courts across the country have dealt with the difficult situation. Before concluding, the author discusses the link between domestic violence and animal abuse and the various statutes in place that address the problem.
Ann Hartwell Britton, Bones of Contention: Custody of Family Pets, 20 J. Am. Acad. Matrim. Law. 1 (2006)
This article extensively looks at what happens to companion animals when their caretakers separate. She discusses case law on the subject and demonstrates the inconsistencies with how the courts have approached the issue. Britton demonstrates the stark contrast between how people view their companion animals and how the law treats them. She concludes with a suggested method of placing these animals more effectively.
Heidi Stroh, Puppy Love: Providing for the Legal Protection of Animals When their Owners Get Divorced, 2 J. Animal L. & Ethics 231 (2007)
This article demonstrates the drawbacks of the disjointed approaches used to determine custody of companion animals in divorce cases. Stroh discusses the current use of property as compared to the "best interests" standard. The article concludes with proposed legislative and common law methods of making the standard more cohesive.
Jim Walsh, Precedent Set in Pet Custody Case Reversal, Courier-Post, March 15, 2009, http://www.courierpostonline.com/article/20090315/NEWS01/903150363/1006/news01
Here is a very recent story of a custody battle over a dog where the court applied the "best interest" of the animal standard. The appellate court, in overturning the lower court's decision, even acknowledged the dog's "special subjective value" to the party involved.
Mandy J. McKellar, Love Me, Love my Dog: Divorce Litigation and the Family Pet, 16 Nev. Lawyer 14 (2008)
The author of this article is a family law attorney in Nevada. Her article explains how the law currently categorizes companion animals; as property. She relates her experience of working with clients who were willing to give up a significant amount of martial assets for the custody of their animals. Most of the article applies to the issue in general, but there are references to specific Nevada laws. She also ties in the link to domestic violence and how the Nevada legislature took action against abusers who used violence on their pets to control their victims.
Megan McNabb, Pets in the Eye of the Storm: Hurricane Katrina Floods the Courts with Pet Custody Disputes, 14 Animal L. 71 (2007)
This article explores the difficult situation presented by the number of companion animal custody disputes in the aftermath of Hurricane Katrina.
The article discusses the perspective of the families that were forced to leave their pets behind and contrasts that with the viewpoint of the adoptive family who took the abandoned animal in. The article lists a number of these cases by name and gives a summary of each. McNabb ends her article with suggestions of legislative changes that could be made in an effort to avoid this problem in the future.
T. Christopher Wharton, Fighting Like Cats and Dogs: The Rising Number of Custody Battles over the Family Pet, 10 J.L. & Fam. Stud. 433 (2008)
This article discusses the historical status of pets and their currently legal status as "chattel" or property. It then evaluates recent case law and the increased use of the "best interest" standard as well as other methods employed by courts to determine custody.
Companion Animals and Domestic Violence Articles:
Emilie Ridge, Protecting Animals: Domestic Abuse and Animal Abuse Linked, 2008, http://www.animallaw.info/articles/ddusdomesticviolence.htm
This article explains why animals are used as a control tool by abusers and makes the argument that these animals need to be included in protective orders. Ridge reviews how companion animals are currently categorized under the law and which states have made the next step in including them in protective orders as well as the legal definitions of "domestic violence." The author concludes by putting the onus on the states to change their laws to protect all the living beings affected by domestic violence.
Frank R. Ascione, Ph.D, Claudia V. Weber, M.S., and David S. Wood, The Abuse of Animals and Domestic Violence: A National Survey of Shelters for Women Who are Battered, Society and Animals, 1997, http://www.vachss.com/guest_dispatches/ascione_1.html
This article makes evident the undeniable link between domestic violence and animal abuse. It references other sources of information regarding this link and then spends a significant amount of time discussing the results of a survey of women's shelters focused on evaluating the extent of this link of violence. It concludes with a discussion of necessary changes in policies and tactics employed by the organizations in place to protect these people and their animals.
Joan E. Schaffner, Linking Domestic Violence, Child Abuse, and Animal Cruelty, ABA TIPS Animal Law Committee Newsletter, Winter 2006, http://www.animallaw.info/articles/arusjschaffner2006.htm
Beginning with the statistical connection between animal abuse and domestic violence this article then goes into slightly more depth about the reasons behind the link and the cycle of violence in domestic situations. The author explains a current project that would require humane law enforcement officers to submit a report to child services when they found a child at a home where animal cruelty was taking place. Additional tactics supported by Schaffner are: inclusion of companion animals in protective orders and expansion of shelters to accommodate victims and their pets.
Phil Arkow, Expanding Domestic Violence Protective Orders to Include Companion Animals, ABA Commission on Domestic Violence, 2007, http://www.abanet.org/domviol/enewsletter/vol8/expertArkow.html
This article explains the prevalence of "the link" between domestic violence and animal abuse and why abusers employ the tactic. It then transitions into a discussion of the laws that protect or fail to protect these animals. Arkow lists states that have recently passed legislation including animals in protective orders as evidence of how the law is evolving to reflect the view of animals as family members. He then goes into depth about the link explaining the circumstances in which it occurs and how strong the correlation is. After discussing the reasoning behind inclusion of animals in protective order and noting the increased prevalence of animal friendly shelter, Arkow includes a "What You Can Do" section targeted at lawyers.
Tara J. Gilbreath, Where's Fido: Pets are Missing in Domestic Violence Shelters and Stalking Laws, Animal Legal & Historical Ctr., 2008, http://www.animallaw.info/articles/arus4jouranimallaw1.htm
This article focuses on two specific areas that need improvement in order to protect both human and non-human victims of domestic violence. The author explains the implications of shelters that do not make accommodations for the companion animals of victims. Equally as detrimental is the absence of companion animals in the anti-stalking laws around the nation. Gilbreath explains how stalkers target animals in domestic violence situations and why, therefore, the laws should be amended to include companion animals.
3. STATUTES
Pets in Domestic Violence Protective Order Laws, American Humane, 2008, http://www.americanhumane.org/assets/docs/advocacy/ADV-pets-in-protective-order.pdf
This is a PDF listing every state that has a statute including animals in protective orders. The website provides the citation of the statute and its language. An example is Vermont's request for relief statute, 15 VSA §1103, encompassing any companion animal within the protective order relief request.
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4. WEBSITES
Pet Protective Orders, The Humane Society of the United States, http://www.hsus.org/hsus_field/first_strike_the_connection_between_animal_cruelty_and_human_violence/pet_protective_orders.html
This website explains the link between domestic violence and animal abuse. It gives statistics regarding how few women's shelters allow the victim to bring their animal. Many victims make the choice to stay with their abuser rather than abandon their pet in his care.
Pets and Women's Shelters (PAWS) Program, American Humane, http://www.americanhumane.org/human-animal-bond/programs/pets-and-womens-shelters/
This website explains the link between animal abuse and domestic violence. It goes on to explain the program offered by American Humane called "Pets and Women's Shelters" working with women's shelters to enable victims to escape their abusive situation with their pet.
First Strike: The Connection Between Animal Cruelty and Human Violence, The Humane Society of the United States, http://www.hsus.org/hsus_field/first_strike_the_connection_between_animal_cruelty_and_human_violence/
This website presents the "First Strike" program developed by the Humane Society of the United States in 1997. The program brings together a variety of interests (shelter workers, animal control officers, law enforcement, veterinarians, etc) to address the link between animal abuse and human violence.
Domestic Violence Pet Support Program, Anne Arunel County Animal Control, http://www.aacounty.org/AnimalControl/domesticViolence.cfm
This website presents the availability of a program that gives victims of domestic violence a way to escape their situation and ensure the safety of their companion animal. This program finds safe foster housing for the victim's pet so that she/he can still utilize the services of a shelter that may not allow animals.
Vermont Becomes Second State to Include Animals in Domestic Violence Protection Orders, The Humane Society of the United States, http://www.hsus.org/press_and_publications/press_releases/vermont_second_state_pets_protection_orders.html
Here is an article announcing Vermont as the second state to amend their protective order statute to include animals.
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5. ALERTS
The majority of the animal law blogs (some are referenced in the "Animal Law Generally" section) supply free RSS feed downloads from their websites. RSS stands for Really Simple Syndication and is an easy way to stay up to date on important issues. Yahoo and Google allow a user to customize their homepage with up to date news alerts. While a user cannot include specific key words for these alerts, the "News" and "Politics" categories would most likely contain any breaking news issue relevant to animal law.
6. CASE LAW
References to the following cases were repeatedly found in animal law casebooks, treatises, and journals. Many of these cases are noted for the precedent they set or for the claim the parties attempted to bring. These cases often cite to one another and demonstrate the relative newness of the field. These specific cases were chosen based on the frequency with which they were referenced by supplemental material.
Akers v. Sellers, 54 N.E.2d 779 (Ind. App. 1944)
Even as early as 1944 courts were faced with choosing between following the law as it is written (designating animals as property) or making their decision as though the animal held more value than simply property. In this case the judge acknowledged the value of "man's best friend" and the hardship of giving custody of the dog to one party when its "love, affection and loyalty" lie with the other. Regardless the court could not overrule the lower court's decision.
Arrington v. Arrington, 613 S.W.2d 565 (Tex. App. 1981)
The husband in a divorce case appealed the trial court's decision to make his wife "managing conservator" of their dog. The Texas court, affirmed holding that animals are considered to be property under state law and the title of "managing conservator" is reserved for children and not dogs. However, the court did not alter the visitation agreement between the two parties.
In Re The Marriage of Stewart, 356 N.W.2d 611 (Iowa Ct. App. 1984)
The court argues that because the state law does not view the dog as anything more than property that it does not have to consider the best interests of the pet in its decision. The appeals court affirmed the trial court's decision to give the dog to the husband in this case. The court's reasoning was simply that it comported with the property division as a whole.
Bennett v. Bennett, 655 So. 2d 109 (Fla. Dist. Ct. App. 1995)
The court in this case takes a clear stance against viewing companion animals as anything else but property in a divorce proceeding. The judge in this case overrules the trial court's decision to grant visitation rights to one of the parties. Instead the court maintains that the dog's future should be determined by Florida's equitable distribution process.
Raymond v. Lachmann, 264 A.D. 2d 340 (N.Y. App. Div. 1999)
This case is frequently cited in animal law journals and books for the idea that a court can consider the "best interests" of the animal in a custody dispute. The court gave the plaintiff custody of the animal in question, a cat named Lovely, reasoning that the cat was older and should "remain where he has lived, prospered, loved and been loved for the past four years."
Desanctis v. Pritchard, 803 A.2d 230 (Pa. Super. Ct. 2002)
The Appellant in this case was seeking "shared custody" and "visitation" rights to a dog. The court rejects the claim because Pennsylvania law places animals in the category of personal property. The court goes as far as to liken the Appellant's request to seeking visitation to "a table or a lamp." The Appellee in this case retained full possession of the dog.
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C. DANGEROUS DOGS:
Dangerous dog legislation, breed specific legislation and in some cases breed banning legislation, is becoming more prevalent among all of the states. Guardians of pit bulls, or any derivative thereof, live in constant fear that their city will join the bandwagon of cities that have passed a complete ban on the breed. Cities where this legislation is already in effect are being taken to court by guardians who had their family dog confiscated, and even sometimes "destroyed," with little to no notice. Angry owners are challenging these laws on the constitutional grounds of vagueness and due process. Key search words for this category are: "dangerous dog laws," "breed banning," "breed specific legislation," "vicious dog laws," "dog bite laws," and "pit bull bans."
1. BOOKS
David Favre, Animal Law: Welfare, Interests, and Rights 244-46 (Wolters Kluwer 2008); Vermont Law School Environmental Collection, Call Number KF390.5.A5 F382 2008
Among the array of animal law issues addressed in this book, David Favre spends a few pages on "dangerous dogs." Favre explains some of the motivations behind the breed banning legislation and discusses the laws in different states. A portion of the section is used to evaluate the constitutionality of these laws and the difficulty of their enforcement.
Mary Randolph, Every Dog's Legal Guide: A Must-Have Book For Your Owner 277-290 (Nolo 2007); Vermont Law School Main Collection, Call Number KF390.5.D6.R36 2007
This book covers an array of legal issues regarding dogs including this section on dangerous dogs. The chapter clarifies the difference between dangerous dog legislation and breed banning legislation. It also discusses the process by which a piece of dangerous dog legislation actually becomes law.
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2. ARTICLES
Lynn Marmer, The New Breed of Municipal Dog Control Laws: Are They Constitutional? 53 U. Cin. L. Rev. 1067 (1984)
This article focuses on the constitutionality of the dangerous dog laws, particularly the pit bull banning legislation. Marmer explains the constitutional difference between the dog control laws and breed banning laws. After explaining the motivation behind these laws, the author finishes the article with suggestions to remedy the perceived risk to society through more constitutional means.
Cynthia Mcneely and Sarah Lindquist, Dangerous Dog Laws: Failing to Give Man's Best Friend a Fair Shake at Justice, 3 J. Animal L. 99 (2007)
The article begins with a revealing set of statistics regarding human deaths caused by dogs; an average of 12 in an entire year. The authors explain the role that the media plays in the depiction of dog attacks. The article evaluates the effectiveness of non-breed-specific laws. It also goes into significant detail about instinctive dog behavior and how it is often misinterpreted to the detriment of many dogs. The authors present the constitutional flaws with breed specific and dangerous dog legislation and the intersection of owners rights with the state's police power. The majority of the article specifically focuses on Florida and its dangerous dog laws. This article goes into great depth on this subject.
Safia Gray Hussain, Attaching the Dog Bite Epidemic: Why Breed-Specific Legislation Won't Solve the Dangerous Dog Dilemma, 74 Fordham L. Rev. 2847 (2006)
This article makes the argument that dangerous dog laws are more effective at protecting humans than breed specific legislation. Hussain reasons that dangerous dog laws would be more efficient and easier to enforce because a specific object standard is outlined rather than a subjective standard focused on a breed. The author begins with statistics on dog bites and dog-attack deaths. Hussain also spends a portion of the article reviewing the pit bull breed and its history. The article explores the criticisms of these laws, including the constitutional challenges brought against them. Hussain concludes that non-breed-specific legislation is a better solution to the threat of dangerous dogs than the tactics currently employed by states.
Larry Cunningham, The Case Against Dog Breed Discrimination By Homeowner's Insurance Companies, 11 Conn. Ins. L.J. 1 (2004-2005)
This article discusses the trend of families having to turn over their dogs to a shelter because no homeowner's insurance will cover them while they own that specific breed of dog. The author argues that the insurance companies would benefit more from placing restrictions on dogs that have records of past incidents with aggression rather than ostracizing an entire breed. Cunningham even goes into a scientific explanation why breed specific restrictions are unfounded. He argues in this article that insurance companies are turning a blind eye to the importance of companion animals to their potential clients. The article concludes with suggestions of alternative means insurance companies could use to protect their liability without restricting entire breeds on a per se basis.
Heather K. Pratt, Canine Profiling: Does Breed Specific Legislation Take a Bite Out of Canine Crime?, 108 Penn St. L. Rev. 855 (2004)This author perceives a dog bite "epidemic" in the United States, but agrees that breed banning legislation is not the answer. Pratt argues that, rather than banning a specific breed, the current dangerous dog laws need stricter enforcement and exceptions should be given to "good dogs." Throughout the article Pratt raises the constitutional issues associated with breed banning and dangerous dog laws.
Devin Burstein, Breed Specific Legislation: Unfair Prejudice and Ineffective Policy, 10 Animal L. 313 (2004)
In this article Burstein argues that breed specific legislation misses the root of the dangerous dog problem; the owners. He maintains that every dog is different and therefore breed banning laws only serve to give the public "a false sense of security." In his article Burstein reviews the breed specific legislation among the states, followed by the constitutional challenges to these laws. Ultimately he clarifies a dog's natural behavior and how that dog's owner can influence its behavior.
Sallyanne K. Summerville, Banning the Pit Bull: Why Breed Specific Legislation is Constitutional, 13 U. Dayton L. Rev. 279 (1988)The author of this article argues that breed banning legislation, specifically pit bull banning legislation, is necessary and constitutional. The three constitutional arguments she addresses are: substantive due process, vagueness, and equal protection. This article focuses exclusively on the pit bull breed. The author concludes with citing recent case law that supports her proposition that pit bull banning legislation is constitutional.
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3. REPORTS
Linda S. Weiss, Breed Specific Legislation in the United States, 2001, Animal Legal and Historical Web Center, available at http://www.animallaw.info/articles/aruslweiss2001.htm
This report gives an overview of the history of breed specific legislation (BSL), the current status of BSL, how the courts have interpreted the laws, and various suggestions that have been made. Weiss provides the reader with both the BSL advocate viewpoint and the viewpoint of those in opposition to BSL. She concludes that behavior-based legislation would be a better option for cities to adopt in an effort to control dog-bite incidents.
William P. Angrick, Investigative Report, Investigation of Maquoketa's Pit Bull Ban Ordinance and Enforcement, Dec. 21, 2006, http://www.animallaw.info/articles/art_pdf/arusiaMaquoketa_report_pit_bull_ban.pdfThis report was prompted by a citizen who was told that her dog fell under the breed ban and therefore she must remove it from the city. She argued that the law did not apply to her dog because it was a pit bull mix and the law only specified pit bull terriers. The agency engaged in the investigation is a part of the governmental system in Iowa and acts as a check against the agencies of the state and addresses citizen concerns. The investigation analyzed four issues: the language of the ordinance and whether it was unconstitutionally vague; the procedures used to determine the breed of a dog; the application of the ordinance to mixed breed dogs; and the continued concerns with the revised statute in the state.
4. STATUTES
Quick Summary of Breed Specific Laws, Rebecca F. Wisch, Michigan State University College of Law, 2008, available at http://www.animallaw.info/articles/qvusbreedpspecific.htm
This website gives a brief synopsis of what breed specific legislation is and how it differs from dangerous dog laws. It discusses the constitutional challenges to BSL and gives an example of a law in Denver, Colorado and how it was interpreted in a courtroom setting.
http://www.animallaw.info/statutes/topicstatutes/sttodd.htm
This website gives an exhaustive list of every dangerous dog statute currently in place in the US. It also includes a brief discussion of the language of each statute.
Breed bans, Animal Law Coalition, http://www.animallawcoalition.com/breed-bans/
This website features updates on breed banning legislation among the 50 states. It gets very specific and even includes ordinances in towns within a state and proposed bills by the state House of Representatives or Senate.
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5. WEBSITES
Dogs Saved By DNA Testing, Smartdogs' Weblog, April 15, 2008, http://smartdogs.wordpress.com/2008/04/15/dogs-saved-by-dna-testing/
This article discusses the innovative tactic of testing a dog's DNA to prove that its not a pit subject to BSL. This practice would aid in adoptions from shelters because of the stigma attached to the pit bull name. It would also prevent dogs from being seized by cities in the enforcement of BSL.
Dog Bite Law, http://www.dogbitelaw.com/PAGES/breedlaws.htmls
This website gives an alternative perspective. Updated daily by an attorney for dog bite victims, this website contains various links regarding dog bites. It lists "dangerous" situations in which humans should be wary of dogs (along with percentages to reflect the level of danger the human would be in). An interactive map is available for viewers to learn about the dog bite law in their state.
6. ALERTS
The majority of the animal law blogs (some are referenced in the "Animal Law Generally" section) supply free RSS feed downloads from their websites. RSS stands for Really Simple Syndication and is an easy way to stay up to date on important issues. Yahoo and Google allow a user to customize their homepage with up to date news alerts. While a user cannot include specific key words for these alerts, the "News" and "Politics" categories would most likely contain any breaking news issue relevant to animal law.
http://www.pitbullregistry.com/APBRGoesRSS.php
This pit bull website offers a free RSS feed on issues surrounding the breed, one of which is breed specific legislation.
http://stopbsl.com/bsloverview/
This website gives its viewers the option to subscribe to its RSS feed or to its email alerts. The link to do both of these is on the right sidebar of the homepage. This website is full of information regarding the prevention of breed specific legislation (BSL). It contains an up to date list of recently passed or bending BSL.
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7. CASE LAW
References to the following cases were repeatedly found in animal law casebooks, treatises, and journals. Many of these cases are noted for the precedent they set or for the claim the parties attempted to bring. These cases often cite to one another and demonstrate the relative newness of the field. These specific cases were chosen based on the frequency with which they were referenced by supplemental material.
American Dog Owners Ass'n Inc. v. City of Lynn, 533 N.E.2d 642 (Mass. 1989)
The dog owners association challenged three breed specific ordinances in the city of Essex. The court was unable to rule on the three ordinances because a fourth ordinance had been passed making the issue moot. However, the court commented on the lower court's ruling agreeing that the ordinances were too vague to withstand due process requirements. The court went on to suggest that the fourth ordinance is similarly flawed and that the subjective standard it promotes paired with the "ill-defined 'breed'" would not survive a due process challenge.
Dog Fed'n of Wis., Inc. v. City of S. Milwaukee, 504 N.W.2d 375 (Ct. App. 1993)
This case was an appeal by four pit bull owners claiming that South Milwaukee's pit bull banning ordinance was unconstitutional because it was vague, overbroad, and violated their equal protection of the law. The court found that the law made reference to recognized breeds and was not vague to the point of implicating the constitutional rights of the owners. The court dismissed the overbreadth argument as only applicable to a First Amendment claim. Finally, the court found that the city's ordinance was justified by the public policy concern of pit bull attacks and withstood an equal protection challenge because of that reason.
American Dog Owners Ass'n v. City of Yakima, 777 P.2d 1047 (Wash. 1989)
This is another case of dog owners challenging the constitutionality of a breed banning law. Distinguishable from Lynn, the Court reasons that the law being challenged in this case is more definite because the statute in Lynn did not list specific breeds in the definition of pit bull whereas the Yakima law does. The Court found that the definition was sufficiently definite to pass the notice requirement of the due process challenge.
Garcia v. The Vill. of Tijeras, 767 P.2d 355 (N.M. Ct. App. 1988)
Plaintiffs in this case challenge the constitutionality of the pit bull ban in the town of Tijeras. The pit bull owners argue the law is void for vagueness, violates substantive and procedural due process, and allows the taking of private property without just compensation. The court found that the evidence weighed in favor of deferring to the constitutionality of the ordinance. No violation of substantive due process was found because the court did not hesitate to determine that protection, health, and safety of the village was a legitimate purpose for the ban. The ordinance provides for a hearing before a dog is "destroyed" in order to determine if it is a pit bull; this was enough for the court to hold that procedural due process was satisfied. Finally the court rejects the plaintiffs' argument regarding just compensation because the taking of the "property" was a legitimate exercise of the village's police power.
Phillips v. San Luis Obispo County Department of Animal Regulation, 183 Cal. App. 3d 372 (1986)
Plaintiffs brought suit because they were denied a hearing before the city permitted a destruction order for their dog. The court agreed that reasonable notice and a hearing were required for due process and that neither notice or a right to a hearing was implied by the ordinance. It was irrelevant that the plaintiffs were awarded a courtesy hearing because the law must provide for a hearing in order to be constitutional under due process.
Mansour v. King County, 128 P3d 1241 (Wash. App., 2006)
The plaintiff in this case was given a warning to keep his dogs within the confines of his home. Although he raised the height of his fence one of his dogs got loose and grabbed his neighbor's cat, inflicting severe enough injuries to require euthanasia. The town ordered the plaintiff to remove his dog within 48 hours, and the plaintiff brought suit alleging that his hearing did not satisfy the requirements of due process. The plaintiff argued that the Board used an inadequate burden of proof for the animal control agency to meet. The court determined that the arbitrary and capricious standard applied by the Board was incorrect; the standard should have at least been a preponderance of the evidence standard of proof. The court also held that the plaintiff had a right to subpoena evidence and that the notice of the charges was not adequate.
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