Syllabus ANIMAL LAW SPRING 2011 University of Houston Law Center Amy Bures Danna Text: Animal Law Fourth Edition Sonia S. Waisman, Bruce A. Wagman and Pamela D. Frasch Class Policy and Procedure 1. University of Houston Law Center policies and procedures are to be followed in the event that this syllabus does not directly address a question. 2. Computers and Cell Phones a. Computers are allowed and encouraged in class, unless computer usage is a distraction to either the professor or students. Professor reserves the right to restrict or eliminate computer use during class. b. Inappropriate use of computers or cell phones/iphones/etc. during class includes, but is not limited to: game-playing (yes, including solitaire, etc.), viewing internet web sites (unassociated with class material), viewing adult-content material, instant messaging, reading/responding/initiating email, etc. The professor reserves the right to excuse you from class and count it as an absence in the event of inappropriate computer or electronic media usage. c. Cell phones must be turned off or silent during class, no exceptions. Professor reserves the right to excuse you from class and count it as an absence if your cell phone rings. 3. Attendance Adhere to ABA and University of Houston Law Center policies (minimum 80% attendance required). To avoid any confusion, for a 3 credit course, you may miss 5 classes under ABA and UHLC guidelines. You will be dropped from the course 10 minutes into your 6 th class absence. Role will be called or a sign-in sheet will be circulated during each class. Professor reserves the right to record as absences the following: a. Arriving to class > 10 minutes late. b. Leaving class before dismissal time. c. Inappropriate or unprofessional behavior during class (this is counted as an absence, and the professor reserves the right to ask the student to leave). 4. Participation Class participation is required. Professor reserves the right to increase your final grade by one half of a letter grade in the event of excellent and relevant class participation. Poor class participation will be reflected in your final grade calculation. Poor participation includes but is not limited to: a. Failure to participate in recitation. b. Failure to contribute to class discussion.
c. Failure to answer appropriately when called upon. d. Failure to demonstrate preparation for class. e. Behavior unbecoming a law student (for example, sleeping on your book bag during class, inconsiderate behavior towards others, unprofessional comments and gestures, etc.) 5. Audio or Audio/visual Recording of Classes including but not limited to cell phone video Prohibited, except by permission of professor. 6. Make up Classes During each meeting, the class will be dismissed at 10 minutes before the hour or half hour, effectively netting 5 extra minutes per meeting. These minutes will serve as the equivalent of a make up class in the event that there is a cancellation of any meeting for any reason. 7. General Some topics explored in this class may be sensitive subjects for some people. Respectful, professional conduct and comments are required. 8. Contact Information: Amy Bures Danna, Amy.Attorney@yahoo.com, adanna@claryfirm.com, 281-548-1100 (Office), 281/852-4343 (Evening), 713-208-5543 (Cell) 9. Final Grade a. 100% of total will be from Final Exam short answer, long answer, essay. No multiple choice, no true/false. b. Individual Final Exam grades may be adjusted UP or DOWN one half of a letter grade based on class participation and attendance as described in 1. through 8. of Syllabus. c. Final grades will be calculated in accordance with UHLC grading policy. d. Individual grades will be adjusted up or down for reasons listed above. e. Any answer on the final exam which employs text message style or other types of abbreviations will not be graded and no points will be awarded. Written exams must be easily legible to be graded. 10. Communication Professor will distribute some materials and notices through email. Students are required to provide a working email address, and check it prior to each class.
Syllabus Subject to change at Professor discretion, and as class time dictates.
Session Assignment Pages 1 What is an Animal? Defining Animal. Domestic versus Wild animals. 1-25 33-49 2 3 4 Texas Legislative Review, 80 th & 81 st Legislative Sessions Update - Animal related bills that passed, and bills that failed. Bills to watch in the 82nd Legislative Session. Property and Beyond - Slaves, Women, Children, Mental Incompetents, Potential Humans. Criminal Law - Historical Perspective, State Statutes, Affirmative Acts of Cruelty. 51-81 83-122 5 Criminal Law - Failure to Act, Animals in Sports and Entertainment 122-157 6 7 Criminal Law - Animal Fighting, Hoarding, Breeding, Shelters, Cross-Protecting (the link between animal abuse and human violence) Video Presentation by Chris Green, J.D., DVM, - Research on Veterinary Malpractice Statistics and Insurance Costs. 157-189 8 Torts - Theories of Liability, Veterinary Malpractice 191-223 9 Torts - Damages and Valuation 223-264 10 Torts - Competing Interests/Dogs and Farm Animals, Strict Liability and Negligence/Injuries Caused by Animals 264-297 11 Constitutional Law - Legal Standing, Justiciability, Limiting Doctrines 299-334 12 Constitutional Law - Due Process, Challenges and Claims 334-374 13 14 & 15 Constitutional Law - First Amendment, Free Exercise of Religion, Freedom of Speech Constitutional Law - Freedom of Speech con't. Commercial Uses of Animals - Animals Raised and Slaughtered for Food. 374-404 404-442 16 Commercial Uses of Animals - Slaughtered for food, con't 442-483 17 Commercial Uses of Animals - Humane Slaughter Acts, Animal Welfare Act, Animals in Research 483-517 18 & 19 Commercial Uses of Animals - Other Commercial Uses of Animals. Contracts - 518-538, Landlord/Tenant 551-563 20 Contracts - Condominium Law, Custody Disputes, Sale of Goods, Insurance 563-592 21 Wills & Trusts - Lynch Case example, Validity of Will Provisions, Companion Animal Trusts, Texas Animal Trust Statute 593-624 22 Wills & Trusts - Companion Animal Trusts,Texas Animal Trust Statute. Federal 625-650 Statutes - Endangered Species Act 23 Federal Statutes - ESA, National Environmental Policy Act 650-681 24 Federal Statutes - Marine Mammal Protection Act, Wild Free Roaming Horses and Burros Act 681-711 25 Federal Statutes - Animal Damage Control Act, Animal Enterprise Terrorism Act - Industry and Gov't intentions and consequences of verbiage of the Act. 711-713 26 Popular Topics - Breed Selective Legislation, Dog Bites, Puppy Mills, update on Texas Legislature votes on Animal Law related bills (popular topics subject to change at professor discretion) 27 & 28 Presentations by Guest Lecturers - The presentations will be scheduled during class time during the semester. Material eligible for final exam.
Additional Information: Constitutional Law Professor Note: This is an important concept in Animal Law, however, the tenants of Constitutional Law are covered in other courses. Please read these cases, with an eye toward the constitutional barriers that exist in animal welfare and animal-related cases, and the requirements for Standing. Do not spend hours and hours on detailed briefs of these cases but rather be able to make intelligent observations regarding the cases and issues as they relate to animals and animal protection. Criminal Law Texas - House Bill 653 and Senate Bill 1724, commonly known as Loco s Law, went into effect September 1, 2001, making animal cruelty a felony and punishable by a $10,000 fine and up to two years in jail. Prior to Loco s Law, animal cruelty was not considered a felony under Texas law. Today, animal cruelty convictions are classified as either a felony or misdemeanor. not in text book Texas - New Anti-Cruelty Laws and Dogfighting Laws went into effect on September 1, 2007. Additionally, Texas imposed a felony penalty on dog owners for some types of dog bite situations. Review Texas Penal Code 42.09, 42.092, and HB1355 as signed into law on 9/1/2007, popularly called Lillian s Law. Wills/Trusts/Estates Companion Animal Trusts Under Modern Statutes: Texas - Governor Perry signed into law HB 1190 which, among other things, adds a new Section 112.037 to the Texas Property Code which allows for the creation of a trust for the care of an animal. HB 1190 became effective January 1, 2006