Animal law : new perspectives on teaching traditional law ; a context and practice casebook / Kathy Hessler, Clinical Professor of Law and Animal Law Clinic Director, Lewis and Clark Law School; Joyce Tischler, Founder and General Counsel, Animal Legal Defense Fund; Pamela Hart, Director of the Animal Law Program, Animal Legal Defense Fund; Sonia Waisman, Partner, McCloskey, Waring & Waisman LLP.

Format:

Book

Author/Creator:

Hessler, Katherine M. (Katherine Mary), 1963- author.

Tischler, Joyce, author.

Hart, Pamela D., author.

Waisman, Sonia, 1957- author.

Contributor:

Clarence J. Marshall Memorial Library Fund.

Series:

Context and practice series

Language:

English

Subjects (All):

Animal welfare--Law and legislation--United States.

Animal welfare.

Genre:

Casebooks (Law)

Physical Description:

xxxiv, 955 pages ; 26 cm.

Place of Publication:

Durham, NC : Carolina Academic Press, [2017]

Contents:

Machine generated contents note: What is Animal Law?

The Utility of Incorporating Animal Law Cases into More Traditional Law Classes

Why Does Animal Law Matter to Other Areas of Law?

Conclusion

Section 1 Property Law and Non-Human Animals

Section 2 Animals as Property

A. Current Legal Framework

1. Ownership of Animals

Jett v. Municipal Court

2. Statutory Ownership of Animals

Pawlowski v. American Family Mutual Insurance Company

B. Animal Custody Cases

Desanctis v. Pritchard

Travis v. Murray

Section 3 The Evolution Away from Property Status: Other Social Justice Movements

A. Women as Property

In the Matter of the Motion to Admit Miss Lavinia Goodell to the Bar of this Court

In re Goodell

B. Children as Property

Chapsky v. Wood

C. People with Disabilities as Property

Schiavo ex rel. Schindler v. Schiavo

D. Fetuses, Embryos and Pre-zygotes: Property, Persons or Something in Between?

Section 4 Proposed Shifts from Property to Non-Property Status for Animals

A. Introduction

B. Comparing Rights

C. Recent Developments in Criminal Law

State v. Fessenden

State v. Newcomb

D. Direct Challenges to the Property Status of Animals

Tilikum v. Sea World Parks & Entertainment, Inc.

People ex rel. The Nonhuman Rights Project v. Lavery

E. International Perspectives

Petition for a Writ of Habeas Corpus

Section 5 Resources

Section 1 Introduction: Criminal Law and Non-Human Animals

Section 2 Constitutional Issues in Criminal Animal Law

A. Procedural Concerns

United Pet Supply, Inc. v. City of Chattanooga, Tennessee

B. Vagueness

People v. Allen

In the Interest of C.B., a Child

C. Freedom of Expression and Crush Videos

United States v. Stevens

D. Other Restrictions on Expression

1. Hunter Harassment Statutes

2. Animal Enterprise Protection Act (AEPA)

3. Animal Enterprise Terrorism Act (AETA)

4. "Ag-Gag" Laws

Section 3 State Anti-Cruelty Statutes

Mohler v. Labor Day Committee, Inc.

B. Affirmative Acts of Cruelty

Commonwealth v. Massini

State v. Stout

C. Failure to Act/Neglect

People v. Mahoney

People v. Brian

Section 4 Animal Fighting

B. Criminal Prosecutions of Dogfighting and Cockfighting

Ash v. State

Brackett v. State

Section 5 Other Cruelty Issues

B. Hoarding of Animals

Animal Legal Defense Fund v. Woodley

State of Oregon v. Hess

C. Breeding Practices

Hammer v. American Kennel Club

D. Animals in Entertainment

E. Factory Farming and Agriculture

New Jersey Society for the Prevention of Cruelty to Animals v. New Jersey Department of Agriculture

Section 6 Defenses to Cruelty

People v. Youngblood

Taub v. State

Section 7 Animals as Victims

State v. Nix

Section 8 The Link Between Domestic Violence and Animal Cruelty

People v. Kovacich

People v. Garcia

State v. Witham

Section 9 Resources

Section 1 Introduction: Constitutional Law and Non-Human Animals

Section 2 Standing

A. Article III

Animal Legal Defense Fund v. Glickman

1. Injury in Fact

Lujan v. Defenders of Wildlife

American Society for the Prevention of Cruelty to Animals v. Ringling Bros. and Barnum & Bailey Circus

2. Redressability

Levine v. Vilsack

B. Prudential Standing-Zone of Interests

Animal Legal Defense Fund v. Espy

C. Organizational Standing

Humane Society of the United States v. Hodel

D. State Standing

State of Missouri v. Harris

E. Should Animals Have Standing?

Citizens to End Animal Suffering and Exploitation v. New England Aquarium

Cetacean Community v. Bush

Section 3 Federalism

A. Commerce Clause

1. Wildlife and the Commerce Clause

Hughes v. State of Oklahoma

2. Animal Fighting and the Commerce Clause

United States of America v. Gibert

B. Preemption

National Meat Association v. Harris

C. Property Clause

Section 4 Treaties

A. Domestic Treaties

Anderson v. Evans

B. International Treaties

Defenders of Wildlife v. Endangered Species Scientific Authority

C. Political Questions

Japan Whaling Association and Japan Fisheries Association v. American Cetacean Society

Section 5 Federal Administrative Procedure Act (APA)

Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture

Section 6 The First Amendment

A. Freedom of Expression

1. Laws Intended to Protect Non-Human Animals from Cruelty

2. Laws that Limit Free Expression

a. Animal Enterprise Protection Act and Animal Enterprise Terrorism Act

Blum v. Holder

b. Ag-Gag Laws

Animal Legal Defense Fund v. Otter

c. Hunter Harassment Laws

B. Freedom of Religion

1. Establishment Clause

Jones v. Butz

2. Free Exercise Clause

Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah

3. Religious Land Use and Institutionalized Persons Act

Section 7 Resources

Section 1 Torts Involving Animals

Section 2 Intentional Torts to Persons or Property

A. Assault and Battery

McGovern v. Village of Oak Lawn

B. Intentional Infliction of Emotional Distress (IIED)

Burgess v. Taylor

C. Conversion

LaPlace v. Briere

Section 3 Negligence

A. Negligent Infliction of Emotional Distress (NIED)

Rabideau v. City of Racine

B. Veterinary Negligence and Malpractice

Milke v. Ratcliff Animal Hospital, Inc.

C. Negligence Per Se

Fishman v. Kotts

D. Foreseeability

Jackson v. Mateus

E. Proximate Cause

Southall v. Gabel

Section 4 Defenses

A. Contributory Negligence

Hill v. Williams

B. Assumption of the Risk

Burke v. McKay

C. Privileges and Immunities

Katsaris v. Cook

Section 5 Vicarious Liability

Gilbert v. Miller

Section 6 Strict Liability

Smith by Smith v. Pitchford

Section 7 Products Liability

Worrell v. Sachs

In re: Pet Food Products Liability Litigation

Section 8 Nuisance in the Context of Industrial Animal Agribusiness

A. Private Nuisance

Parker v. Obert's Legacy Dairy, LLC

B. Public Nuisance

State v. Quality Egg Farm, Inc.

C. Remedies in Nuisance Claims

Owens v. ContiGroup Cos.

Section 9 Damages

A. Traditional Measure of Damages: Fair Market Value

Scheele v. Dustin

B. Cost of "Repair"

Burgess v. Shampooch Pet Industries

C. Special Damages

Jankoski v. Preiser Animal Hospital, Ltd.

Barking Hound Village, LLC v. Monyak

Smith v. Wisconsin Mutual Insurance Company

D. Non-Economic Damages

Brousseau v. Rosenthal

McDougall v. Lamm

E. Punitive Damages

Propes v. Griffith

Section 10 Defamation

Section 11 Civil Rights Violations: 42 U.S.C. §1983

San Jose Charter of the Hells Angels Motorcycle Club v. City of San Jose

Section 12 Resources

Section 1 Environmental Law and Non-Human Animals

A. Article III and Prudential Standing

B. Organizational Standing

C. Standing for Animals Themselves

Citizens to End Animal Suffering and Exploitation, Inc., v. The New England Aquarium

A. Commerce Clause (Article I, Section 8, Clause 3 of the U.S. Constitution)

Gibbs v. Babbitt

B. Preemption-(Supremacy Clause-Article VI, Clause 2 of the U.S. Constitution)

Man Hing Ivory and Imports, Inc. v. Deukmejian

C. Property Clause (generally, Article IV of the U.S. Constitution)

D. Treaties (Article I, Sections 8, 10 of the U.S. Constitution)

1. Domestic Treaties with Native American Tribes

New Mexico v.

Mescalero Apache Tribe

2. International Treaties

a. Migratory Bird Treaty

b. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

Defenders of Wildlife, Inc. v. Endangered Species Scientific Authority

E. Political Questions

F. Federal Administrative Agency Power and the APA (Statutes and Regulations)

Section 4 National Environmental Policy Act (NEPA) (42 U.S.C. §§4321, et seq.)

Humane Society of the United States v. Johanns

Section 5 Endangered Species Act (ESA) (16 U.S.C. §§ 1531, et seq.)

Endangered and Threatened Wildlife and Plants; Listing All Chimpanzees as Endangered Species

Section 6 Clean Water Act (CWA) (33 U.S.C. §§ 1251, et seq.)

Greater Yellowstone Coalition v. Flowers

Section 7 Resource Conservation and Recovery Act (RCRA) (42 U.S.C. §§ 6901, et seq.)

Community Association for Restoration of the Environment, Inc. v. Cow Palace, LLC

Section 8 Additional Federal Acts

A. Lacey Act (16 U.S.C. §§ 3371, et seq.)

United States v. Carpenter

B. Migratory Bird Treaty Act (MBTA) (16 U.S.C. §§ 703 et seq.)

United States v. Apollo Energies

C. Bald and Golden Eagle Protection Act (16 U.S.C. §§ 668, et seq.)

United States v. Allard

D. Wild Free-Roaming Horses and Burros Act (16 U.S.C. §§ 1331, et seq.)

Animal Protection Institute of America v. Hodel

Contents note continued: E. Marine Mammal Protection Act (MMPA) (16 U.S.C. §§ 1361, et seq.)

Kokechik Fisherman's Association v. Secretary of Commerce

Conservation Council for Hawaii v. National Marine Fisheries Service

F. National Wildlife Refuge System Improvement Act (16 U.S.C. §§ 668, et seq.)

Stevens County v. U.S. Department of Interior

G. Wilderness Act (16 U.S.C. §§ 1131 et seq.)

Forest Guardians v. Animal er Plant Health Inspection Service

H. Animal Damage Control Act (7 U.S.C. § 426)

Southern Utah Wilderness Alliance v. Thompson

I. African Elephant Conservation Act (16 U.S.C. §§ 4201, et seq.)

United States v. Grigsby

J. Shark Finning Prohibition Act (16 U.S.C. § 1857)

United States v. Approximately 64,695 Pounds of Shark Fins

K. Whaling Convention Act (16 U.S.C. § 916)

Hopson v. Kreps

Section 1 Contracts and Non-Human Animals

Section 2 The Purchase and Sale of Animals

A. Does the Uniform Commercial Code Apply to the Sale of Animals?

Embryo Progeny Associates v. Lovana Farms, Inc.

Slodov v. Animal Protective League

B. Breach of Express or Implied Warranty

Connor v. Bogrett

C. Right of First Refusal

Rashid v. Jolly

Section 3 Bailment Contracts Involving Animals

Gluckman v. American Airlines, Inc.

Section 4 Other Types of Contracts Involving Animals

A. Rental Leases with No-Pet Clauses

Young v. Savinon

B. Condominiums and Co-ops

Nahrstedt v. Lakeside Village Condominium Association

C. Laws That Limit No-Pet Clauses in Leases

Auburn Woods I Homeowners Association v. Fair Employment & Housing Commission

Section 5 Insurance Contracts

A. Homeowners' Insurance: Grounds for Cancellation or Revocation of the Policy

Aegis Security Insurance Company v. Pennsylvania Insurance Department

B. Exclusionary Clauses in Insurance Contracts

Smith v. State Farm Fire & Casualty Company

Clasing v. State Farm Fire & Casualty Company

Section 6 Ownership Disputes Involving Animals

A. Custody Disputes

Houseman v. Dare

B. Disputes That Arise from Emergencies

Arguello v. Behmke

Section 7 Drafting Exercises

A. Responsible Pet Owner Clause for Residential Rental Agreement

B. Adoption Agreement for Humane Society or Animal Rescue Organization

Section 8 Resources

Section 1 Estate Planning for Clients with Animals

Section 2 Wills Involving Animals

A. Provisions for the Care and Maintenance of a Testator's Companion Animals: The Rule Against Perpetuities

In re Howells' Estate

B. Modification of Wills in Which Animals are Beneficiaries

In re Lyon's Estate

In re Estate of Sidney Altman

C. Will Provisions Providing for the Destruction of Animals Upon the Death of a Testator

1. General Validity Considerations

In re Capers' Estate

2. The Cy Pres Doctrine

In re Estate of Howard H. Brand

Section 3 Trusts

A. Trust Jurisprudence Developed after Animal Related Code Provisions

1. Applicable Statutes

a. The Uniform Trust Code

b. The Uniform Probate Code

c. State Provisions Differing from the UTC and UPC

2. Disputes Over Trusts and Trust Administration

Lange v. Lynda Nusser, as Trustee

In re the Application of Richard M. Copland, as an Executor of the Estate of Lenore Lewis Abels, Deceased.

B. Trust Jurisprudence Developed before Animal-Related Code Provisions

1. Trust Purpose-Intent to Create a Trust

In re Estate of Russell

2. Necessity of Identifiable Beneficiaries

Leo Hahn v. Estate of Jessie Anna Stange

C. Creation of a Foundation to Benefit Animals

The Leona M. and Harry B. Helmsley Charitable Trust Agreement

D. Special Status Considerations

In re Fouts, et al. Trustees under

Chimpanzee Care Trust, dated October 9, 1997

Section 4 Putting Theory into Practice

Section 5 Drafting an Effective Pet Trust

A. Drafting Difficulties

B. Practical Difficulties

C. Sample Pet Trust Provisions

Section 6 Resources.

Notes:

"A context and practice casebook"

Includes bibliographical references and index.

Local Notes:

Acquired for the Penn Libraries with assistance from the Clarence J. Marshall Memorial Library Fund.

ISBN:

9781611630923

1611630924

OCLC:

1023824746

Publisher Number:

99993286331