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ANIMAL LAW COMMITTEE
Providing Persons with Disabilities and the Elderly
with Equal Access to Justice
Friday, December 5, 2008
8:30 am - 5:00 pm
Stetson University College of Law
Gulfport, Florida
The conference will focus on providing witnesses, parties, jurors and attorneys who have a disability or are elderly (including those accompanied by service or emotional support animals) with equal access to justice. The panelists will include private attorneys, prosecutors, judges, architects, court administrators, trial consultants and experts in technology, bringing their diverse perspectives to address emerging issues on this topic and to propose solutions. The issues discussed at the conference can arise in civil and criminal matters.
The conference will be held in the William R. Eleazer Courtroom at Stetson University College of Law. This courtroom, dedicated in September 2005, is the first user-friendly courtroom for the elderly and persons with disabilities.
Providing Persons with Disabilities and the Elderly
with Equal Access to Justice- PDF
Prosecuting and Representing Animal Abusers and Caring for the Victims - The Michael Vick Case and Its Impact on Cruelty Cases
Friday, September 19, 2008
DePaul University College of Law Conference Room of the DePaul Center
Room 8005
1 E. Jackson Boulevard
Chicago, IL
Prosecuting and Representing Animal Abusers Brochure - PDF
Prosecuting and Representing Animal Abusers Online Registration
The federal dog fighting case against Michael Vick and his codefendants dominated the press for weeks and generated overwhelming public concern for the dogs seized from BadNewz Kennels. This program will feature the forensic veterinarian, an Assistant U.S. Attorney, a criminal defense attorney, and the court appointed special master/guardian in the case. The proceedings of the federal case will be discussed and its impact on future cruelty cases.
Forty-eight of the forty-nine American Pit Bull Terriers seized in the dog fighting case were deemed suitable for adoption or sanctuary placement. Some have already been adopted out. The challenges of assessing, caring for and adopting out the canine victims of dog fighting will be discussed by the team leader of the behavioral team, the major rescue group and animal sanctuary associated with the Vick case.
Other law enforcement professionals and prosecutors who have successfully investigated or prosecuted cruelty cases and animal hoarding cases will also share their tips. Successful court advocacy programs for animal cruelty cases will be discussed.
Program Sponsors:
Valparaiso University School of Law; Animal Farm Foundation; National Canine Research Council; Best Friends Animal Society, exclusive national sponsor of Safe Humane Chicago; Animal Welfare Institute; PetSmart Charities; and DePaul University College of Law
Program Chair:
Ledy VanKavage, ASPCA, Maryville, IL
Co-Chairs:
Amy Maher, Madison County State’s Attorney’s Office, Edwardsville, IL
K. Michelle Welch, Assistant Attorney General’s Office,Richmond, VA
Presenters:
Francis Battista, Best Friends Animal Society, Kanab, UT
Claire Cardwell, Stone & Cardwell, Richmond, VA
Jennifer Cifaldi, Assistant State’s Attorney, Adams County, Quincy, IL
Cynthia Bathurst, Principal Director, Safe Humane Chicago, Chicago, IL
Professor Rebecca Huss, Valparaiso University School of Law, Valparaiso, IN
Amy Maher, Madison County State’s Attorney’s Office, Edwardsville, IL
Dr. Melinda Merck, ASPCA, Atlanta, GA
Tim Racer, Bay Area Doglovers Responsible About Pit Bulls(BAD RAP), San Francisco, CA
Dr. Pam Reid, ASPCA, Urbana, IL
Donna Reynolds, Bay Area Doglovers Responsible About Pit Bulls (BAD RAP), San Francisco, CA
K. Michelle Welch, Assistant Attorney General’s Office, Richmond, VA
Brian Whisler, U. S. Attorney’s Office for the Eastern Districtof Virginia, Richmond, VA
The link between animal abuse and human violence is real and the cycle of family abuse is complex. It is well-documented that in homes where there is abuse, there is generally animal abuse as well. In fact, the abuse often strikes the animal first. Moreover, children who are exposed to family abuse are at a greater risk of psychological and behavioral problems, often accompanied by animal abuse. The cycle of family violence must stop and the law can help. There are various ways that the law and society can improve the current situation to help the victims of family abuse. This program will examine the link between animal abuse and human violence within the family. The speakers will address the definitions of family abuse, the cycle of violence, the laws combating family abuse and tools to reform the system to better combat family abuse.
Soming this Fall
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PROSECUTING RECKLESS OWNERS AND MUZZLING DANGEROUS DOGS
PRESENTED BY: THE AMERICAN BAR ASSOCIATION TORT TRIAL & INSURANCE PRACTICE SECTION ANIMAL LAW COMMITTEE, THE ANIMAL FARM FOUNDATION, AND NEW YORK UNIVERSITY STUDENT ANIMAL LEGAL DEFENSE FUND (NYU SALDF)
Saturday, December 1, 2007
New York University, New York City
8:00 a.m. - 5: 30 p.m.
Co-sponsored by:
The following ABA Tort Trial & Insurance Practice Section Committees: Law Practice Management, Law in Public Service, Solo and Small Firm Practitioners and Trial Techniques
Program Description:
There are 73.9 million dogs living in the United States. A recent poll revealed that 69 percent of Americans view their pets as members of their families. However, severe dog attacks are generating more media attention than ever before, and legislators often react by passing dangerous dog ordinances. Some dangerous dog ordinances fail to adequately address the problem of dangerous dogs and reckless owners. Some ordinances and statutes have been ruled unconstitutional because they infringe on the property rights of owners.
This one-day session will examine the constitutionality of canine profiling. Effective dangerous dog/reckless owner ordinances and suggested ordinances to protect citizens from dog bites will be discussed. A case study of the breed ban in Prince George’s County will be discussed.
The factors involved in fatal dog attacks also will be examined. Last year, there were 31 fatal dog attacks in the U.S.: Unsterilized dogs were involved in 97 percent; reckless owners in 84 percent; and guard dogs, yard dogs, or fighting dogs in 78 percent.
Successful prosecutors will discuss what is involved in litigating these high-profile cases, and private attorneys will talk about their successful representation of dog owners appealing a dangerous dog determination. Dr. Randy Lockwood will speak on the role of the expert witness in dangerous dog cases. Insurance issues regarding breeds will also be discussed. Larry Cunningham, author of The Case Against Dog Breed Discrimination by Homeowners’ Insurance Companies (11 Conn. Ins. L. J. 1), will discuss canine profiling done by insurance companies.
Bernard Rollins, renowned philosopher, will talk about the implications of canine profiling and the human-animal bond.
Don’t Forget the Family Pet!
(Pet Trusts and other Estates Planning Devices for the Care of Companion Animals)
Thursday, April 5, 2007, 1:00 pm - 2:30 pm EST A 90-Minute Teleconference
Sponsored by the ABA Tort Trial & Insurance Practice Section Animal Law Committee,
the ABA Real Property, Probate and Trust Law Section
and the New York City Bar Association Legal Issues Pertaining to Animals Committee
Providing for the continuing care of companion animals is an important part of an estate planning for clients with animals.
Companion animals are often considered members of the family. If left to chance after the client’s death, or incapacitation,
the animals may be left without proper care, or taken to a shelter where the animals may be euthanized. There are 38 states
that have statutes specifying that trusts for animals are valid. However, few practitioners have drafted such trusts. This
program will discuss the practical aspects of forming a pet trust, providing for the outright bequest of companion animals in
a will, and also cover some ethical considerations that arise on this topic.
Topics covered included:
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Various estate planning tools
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Drafting key clauses in a pet trust
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Covering the costs of animal care
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Caring for long-lived animals
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Caring for animals during a pet owner’s incapacity and pre-probate
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Various ethical considerations
Speakers:
Gerry W. Beyer, Esq., Professor of Law, Texas Tech University, Lubbock, TX
Frances Carlisle, Esq., Law Office of Frances Carlisle, NY, NY (Trusts and Estates Attorney)
David M. English, Esq., Professor of Law, University of Missouri (Reporter for the Uniform Trust Code), Columbia, MO
Peggy R. Hoyt, Esq., Hoyt & Bryan, LLC, Oviedo, FL, Author of All My Children Wear Fur Coats;
Shirley J. Spira, Esq., Port Authority of NY & NJ Law Department, NY, NY
Moderator: Gilda I. Mariani, Esq., Chief, Money Laundering & Tax Crimes Unit, New York County District Attorney’s Office, NY, NY, and Animal Law Committee, Chair-Elect |
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Emotional Support Animals
Litigation and Insurance Issues
Wednesday, December 6, 2006, 1:00-2:30 pm ET A 90-Minute Teleconference
in Hawaii
Program PDF
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Federal and state statutes Leading cases
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Leading cases
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Emerging evidentiary issues
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Liability for injuries to and from emotional support animals
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Best practices for negotiation of these matter
Speakers:
Karen Copeland, Esq., Office of Karen Copeland, NY, NY
Rebecca J. Huss, Esq., Professor of Law, Valparaiso University School of Law, Valparaiso, IN
Allen M. Schoen, D.V.M., M.S., Allen Schoen & Associates, LLC, Ridgefield, CT
Hon. Margaret A. Jackson, Administrative Law Judge, New York State Division of Human Rights, NY, NY
Moderator: Gilda I. Mariani, Esq., Chief, Money Laundering and Tax Crimes Unit, New York County District Attorney’s Office, NY, NY
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TIPS CLE PROGRAM
When "No Pets Allowed" No Longer Applies
Laws Impacting Senior Citizens and their Companion and Service Animals
Saturday, August 5, 2006 at the ABA/TIPS Annual Meeting
in Hawaii
2006 Annual Brochure
TIPS Committee main sponsor: Animal Law Committee
Sections, Divisions, Forums, Special Standing Committees and Commissions
co-sponsors: Heath Law Section and Commission on Law and Aging
Program Chair: Gilda I. Mariani, Chief of the Money Laundering and Tax Crimes Unit, Office
of District Attorney Robert M. Morgenthau, New York, NY
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Now that the Baby Boomers are joining AARP and more Americans live with animals than
children, there is a need to address the legal intersection between the elderly and animals.
This program will examine laws that support elder interests as they apply to animals: be it a
traditional service animal, such as a seeing-eye dog; an emotional service animal that provides
psychological benefits such as companionship, comfort, and security or that ease the daily
manifestations of chronic or episodic disorders; or the companion animal. Using a hypothetical
case scenario, our diverse panel comprised of a law professor, litigators, a lawmaker and a
veterinarian, will give special attention to tort and insurance issues pertaining to senior citizens
residing with animals and their ability to care for them in the event of their death or hospitalization.
The program will look at federal laws, elements of torts, applicable damages and
the availability of insurers.
With introductory remarks from Richard Turbin, Past President of the Hawaii Bar Association,
and a message from Koko the Gorilla and Dr. Francine Patterson of the Gorilla Foundation.
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Topics covered will include:
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- Federal and state statutes permitting senior citizens to live with animals
- Leading tort cases
- Emerging evidentiary issues
- Insurance coverage that indemnifies housing providers and members condo or co-op
boards for damages resulting from discriminatory acts
- Gaps in insurance coverage in homeowner, medical and disability policies for animal
- Gaps in coverage for pet insurance
- Drafting "animal trusts" and exploring alternatives when trusts are unavailable
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Last Modified on
Tuesday, July 8, 2008 11:09 AMate -->
For enrollment in a committee of the Tort
Trial & Insurance Practice Section, simply fill out the on-line
committee application form.
Please note: If you are
already a Tort Trial & Insurance Practice Section member, you may
join up to three (3) committees at no additional cost. However, if you
are not a Section member, you must join the Tort Trial & Insurance Practice Section
first.
If you have any questions regarding
participation in TIPS Committees, please contact Sonia Schroeder, our
Committees Administrator at schroeders@staff.abanet.org
or by phone at 312/988-6229.
TIPS LEGAL
DISCLAIMER --
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links to other Web sites, have been provided by the Tort Trial & Insurance Practice
Section of the American Bar
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advice, the practice of law, or the endorsement of the content provided by any
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attorney-client relationship between the ABA, TIPS, their entities, or any individual
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nor any of their members assume any responsibility for any misinterpretation
or misapplication of the information contained on this site by the viewer, or
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at this site do not necessarily represent the official policies or positions
of the ABA, TIPS, or any of its entities or members. Users of this site should
not act upon any information received without seeking the advice of professional
legal counsel
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