Summary:
Seizure of pet dog violated Fourth Amendment where police acted unreasonably in going to canine police officer's house to seize the dog after the dog bit a child.
Seizure of pet dog violated Fourth Amendment where police acted unreasonably in going to canine police officer's house to seize the dog after the dog bit a child.
Summary:
Laws governing intrastate activities will be upheld if they substantially affect interstate commerce. Under the Eagle Act, the power to regulate eagles has been summarily upheld as a valid exercise of commerce power, as it protects the eagle as a species by preventing the creation of a legal commercial market for the animal. For further discussion of the Eagle Act, see Detailed Discussion.
Laws governing intrastate activities will be upheld if they substantially affect interstate commerce. Under the Eagle Act, the power to regulate eagles has been summarily upheld as a valid exercise of commerce power, as it protects the eagle as a species by preventing the creation of a legal commercial market for the animal. For further discussion of the Eagle Act, see Detailed Discussion.
Summary:
Defendants shot and sold bald eagles to undercover officers posing as big game hunters in Montana. On appeal, the court denied their claims against the permit system, finding that they lacked standing to challenge the permit system where they failed to apply for permits. With regard to a facial challenge to the statute, the court held that the BGEPA passed the RFRA test, where the government asserted a compelling interest that was effectuated in the least restrictive means. For further discussion on commerce in eagle parts, see Detailed Discussion of Eagle Act .
Defendants shot and sold bald eagles to undercover officers posing as big game hunters in Montana. On appeal, the court denied their claims against the permit system, finding that they lacked standing to challenge the permit system where they failed to apply for permits. With regard to a facial challenge to the statute, the court held that the BGEPA passed the RFRA test, where the government asserted a compelling interest that was effectuated in the least restrictive means. For further discussion on commerce in eagle parts, see Detailed Discussion of Eagle Act .
Summary:
Congress had granted the Secretary the authority to determine whether a foreign nation's whaling in excess of quotas diminished the effectiveness of the IWC, and the Court found no reason to impose a mandatory obligation upon the Secretary to certify that every quota violation necessarily failed that standard.
Congress had granted the Secretary the authority to determine whether a foreign nation's whaling in excess of quotas diminished the effectiveness of the IWC, and the Court found no reason to impose a mandatory obligation upon the Secretary to certify that every quota violation necessarily failed that standard.
Summary:
During a search related to a controlled substances violation, undercover agents seized eagle feathers from defendant. The court held that Congress exercised valid Commerce Clause power in enacting the BGEPA, as the incentive of interstate commerce in eagle parts would threaten eagles to extinction, thus depleting the future commercial potential of activities such as eagle-based tourism and educational research. For discussion on the Eagle Act and the Commerce Clause, see Detailed Discussion .
During a search related to a controlled substances violation, undercover agents seized eagle feathers from defendant. The court held that Congress exercised valid Commerce Clause power in enacting the BGEPA, as the incentive of interstate commerce in eagle parts would threaten eagles to extinction, thus depleting the future commercial potential of activities such as eagle-based tourism and educational research. For discussion on the Eagle Act and the Commerce Clause, see Detailed Discussion .
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|Summary:
This article provides a quick overview of the historical materials available through the Web Center
This article provides a quick overview of the historical materials available through the Web Center
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|Summary:
This document provides an overview of the 11 states that have laws or regulations concerning the transportation of horses that specifically prohibit the use of double-deck trailers.
This document provides an overview of the 11 states that have laws or regulations concerning the transportation of horses that specifically prohibit the use of double-deck trailers.
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|Summary: This document gives some brief answers to questions on emotional support animals in housing.
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|Summary:
This summary discusses the state laws that govern the status of a "lost dog." The common law rules regarding lost property are applied as well as the state "lost property" statutes.
This summary discusses the state laws that govern the status of a "lost dog." The common law rules regarding lost property are applied as well as the state "lost property" statutes.
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|Summary:
This overview explores the liability for both landowners and landlords for injuries to third parties caused by tenant's animals. As a general proposition, liability is imputed only where the landowner or landlord has a duty to a third party, which is usually based on knowledge of the vicious propensity of the animal. Further, the injury must be reasonably foreseeable under the circumstances. The paper sets forth the level of duty owed to different classes of third party visitors (licensees, invitees, and trespassers) as well as how the location of an attack affects landlord liability.
This overview explores the liability for both landowners and landlords for injuries to third parties caused by tenant's animals. As a general proposition, liability is imputed only where the landowner or landlord has a duty to a third party, which is usually based on knowledge of the vicious propensity of the animal. Further, the injury must be reasonably foreseeable under the circumstances. The paper sets forth the level of duty owed to different classes of third party visitors (licensees, invitees, and trespassers) as well as how the location of an attack affects landlord liability.
