The Pervasive Nature of Animal Law: How the Law Impacts the Lives of People and their Animal Companions

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 of the legal issues impacting humans who have animal companions

Canines in the Classroom Revisited: Recent Developments Relating to Students\u27 Utilization of Service Animals at Primary and Secondary Educational Institutions

In April 2010 the author presented an article on the topic of the use of service animals by juveniles in a specific environment — primary and secondary educational institutions at the Mid-Atlantic Regional Animal Law Symposium. Since that time there have been important legislative and case law developments in this field. This Article focuses on those recent developments. After setting forth a basic overview of the issue, the Article analyzes the amendments to the regulations of the Americans with Disabilities Act (“ADA”) relating to service animals that became effective in March 2011. The Article then considers recent case law and other indications of how agencies of the federal government interpret the issue. The Article continues by examining state laws enacted to allow for a right for students with disabilities to be accompanied by service animals in schools. The Article concludes by providing guidance for student advocates and school administrators dealing with this issue

Canines on Campus: Companion Animals at Postsecondary Educational Institutions

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 be taken to protect humans and safeguard the companion animals on campus

Lessons Learned: Acting as Guardian/Special Master in the Bad Newz Kennels Case

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\u27s Department seized fifty-three pit bulls from Vick\u27s 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 each dog should be euthanized due to its inability to interact safely with humans or other animals or given a second chance at life in a new home. Huss explains her role as guardian/special master and how she made her determinations about each dog\u27s destiny

Why Animal Law Matters: Establishing Animal Law Section in Era of Emerging Issues

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

Canines in the Classroom: Service Animals in Primary and Secondary Educational Institutions

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 allergies to animal dander – are then examined. The Article continues with a brief summary of the federal law to provide a platform for analysis of the major cases in this area. As state laws that expand the rights of students appear to be an effective tool in litigation in this area, several of these laws are evaluated along with descriptions of language likely to be found in school district policies. State laws providing for trainers of service animals to have access to public accommodations, including schools, are then analyzed. The Article concludes by arguing that school districts need to be prepared with policies that provide for compliance with the law while still considering the impact of such animals on the school environment generally, given the legislative trends in this area

Recent Developments in Animal Law

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

Separation, Custody, and Estate Planning Issues Relating to Companion Animals

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

No Pets Allowed: Housing Issues and Companion Animals

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