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Rebecca J. Huss's
Scholarly Papers
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Total Downloads
645 |
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1.
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Rebecca J. Huss Valparaiso University - Law School
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18 Sep 07
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18 Sep 07
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173 (49,192)
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Abstract:
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.
Animals, Real Estate, Legislation
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2.
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Rebecca J. Huss Valparaiso University - Law School
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17 Sep 07
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17 Sep 07
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103 (77,075)
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Abstract:
This article proposes that legislatures adopt a statutory provision codifying the best aspects of the veil piercing doctrine. The article beings with a brief history and description of the new limited liability entities and discusses some of the basic theories supporting limited liability. A genearl overview of the veil piercing doctrine and its likely application to these new entities follows. Finally this paper argues that the time is ripe to explore and implement ideas for accomplishing the goals of veil piercing in a more consistent manner.
Corporate, Veil Piercing, Doctrine of Corporate Disregard, Limited Liability Entities
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3.
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Rebecca J. Huss Valparaiso University - Law School
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17 Sep 07
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17 Sep 07
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99 (79,290)
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Abstract:
This article focuses on recent developments in litigation and legislation involving the injury or death of animals. The article first discusses recent vveterinary 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.
Animals, Veterinary, Damages, Legislation
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4.
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Rebecca J. Huss Valparaiso University - Law School
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05 Sep 07
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09 Feb 08
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73 (97,167)
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Abstract:
Notwithstanding the overwhelming evidence that shows how important pets are to many people in the United States, the leading cause of death for dogs and cats in this country is euthanasia because of the lack of homes. Although progress has been made, conservative estimates are that between three and four million dogs and cats are euthanized each year. A successful program for implementing non-lethal strategies to control the pet population incorporates three prongs: (a) increasing adoptions, (b) increasing the number of animals sterilized and (c) increasing the number of animals retained in homes. This Article focuses on the legislative actions that should be taken immediately to implement these non-lethal strategies so that this needless euthanization can end.
Animal, Legislation, Euthanization
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5.
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Rebecca J. Huss Valparaiso University - Law School
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16 Sep 07
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16 Sep 07
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62 (106,818)
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Abstract:
This article begins with a description of veterinarians and the status of veterinary malpractice. Next, the article considers the elements and key issues involved in veterinary malpractice. The article then analyzes the current law relating to damages available in veterinary malpractice suits. Finally this paper considers whether the way current damage calculations are being made is apprpriate and advocates the the adoption of statutory provisions allowing capped non-economic damages in these cases.
Animal Law, Veterinary Law, Malpractice, Legislation
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6.
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Rebecca J. Huss Valparaiso University - Law School
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17 Sep 07
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17 Sep 07
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42 (127,584)
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Abstract:
This article first provides an overview of the philosophicla basis of the allocation (or non-allocation) of moral status to nonhuman animals considering historical and modern views of animals. Second, it analyzes the legal status of animals under the current system and discusses the idea of extending legal personhood to such animals. Next it considers the common law and statutory basis for the current valuation of companion animals. Finally, this article supports and promotes the idea that there is a rational basis for changing the way that companion animals should be valued by the legal system and recommends the adoption of statutory provisions to promote consistency and certainty in these cases.
Animals, Valuation, Personhood
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7.
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Rebecca J. Huss Valparaiso University - Law School
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16 Sep 07
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17 Sep 07
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38 (132,471)
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Abstract:
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.
Animals, Divorce, Dissolution, Estate Planning
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8.
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Rebecca J. Huss Valparaiso University - Law School
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30 Jan 09
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15 Jun 09
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31 (142,062)
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Abstract:
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's Department seized fifty-three pit bulls from Vick's 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's destiny.
Michael Vick, animal law, animal rights, animal guardianship, dog fighting, animal abuse, pit bulls, animal welfare, veterinary medicine, animals in the media
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9.
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Rebecca J. Huss Valparaiso University - Law School
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22 Sep 09
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01 Oct 09
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16 (178,280)
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Abstract:
This Article analyzes the differing definitions of service animal under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.
Animal, Service Animal, Ethics, Legislation, Americans with Disabilities Act, Fair Housing Act, Air Carrier Access Act
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10.
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Rebecca J. Huss Valparaiso University - Law School
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25 Jun 09
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25 Oct 09
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8 (200,697)
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Abstract:
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.
Animal, Law
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