Pet Law and Custody: Establishing a Worthy and Equitable Jurisprudence for the Evolving Family

by Barbara J. Gislason

Overview

A valuable contribution to legal jurisprudence, this book examines in detail the progression of law that affects animal law in general, and the various aspects that particularly impacts pets and companion animals. Unique, inspiring, and interesting, author Barbara Gislason clarifies how scientific knowledge about the cognitive abilities and emotional characteristics of other animals should lead to legal developments.

Pet Law and Custody provides synthesizes legal and ethical information on how the law affects pets with pertinent case law analysis. This is a very useful and well-crafted work for lawyers. The book takes an in-depth look at the subject of pet custody disputes from many angles. Not only explaining legal topics, such as what judges do in a practical way and how they might approach a case, the book also considers how cultural perspectives, cognitive biases, and points of view impact negotiations, alternative dispute resolutions, and decision-making processes. Topics include:

• Family law and replevin actions
• Alternative dispute resolution
• Estate planning for animals
• Contract law and the Uniform Commercial Code
• Property law
• Tort law affecting pet law
• Animal cruelty
• Dangerous dogs
• Science and bioethics
• Practical advice for the animal lawyer, including law office basics, handling a legal case, and identifying experts

Appendices include sample pleadings, agreements, rescue adoption contract, pet custody questionnaire, and more.

"This splendid book thoroughly and exhaustively for the first time explores all aspects of law pertaining to companion animals. Such a book has long been needed, and no one could have done it better than Barbara Gislason. This book is an instant classic, and will remain so for the foreseeable future."
– Prof. Bernard E. Rollin, Author of Animal Rights and Human Morality and Veterinary Medical Ethics

"Essential reading for lawyers and anybody who is interested in animal legal issues. Barbara Gislason’s work is pioneering and will help you think deeply about the relationship between people and animals."
– Dr. Temple Grandin, Author of Animals in Translation: Using the Mysteries of Autism to Decode Animal Behavior

Product Details

ISBN-13:	9781634258920
Publisher:	American Bar Association
Publication date:	05/07/2019
Pages:	702
Sales rank:	691,249
Product dimensions:	7.05(w) x 9.99(h) x 1.41(d)

About the Author

Barbara J. Gislason is a solo practitioner in Fridley, Minnesota, offering experienced legal guidance, practical solutions, and aggressive advocacy across a diverse range of legal areas, including Family Law, Animal Law and Intellectual Property Law.

A Family Law and divorce attorney in Anoka County and throughout Minnesota, Gislason has personally handled more than 3,000 Family Law cases. She has worked with national and state associations to create Animal Law committees and has been instrumental in drafting and passing laws regarding animal issues. She has extensive experience representing clients involved in animal-related disputes, and continues to play a key role in national efforts to standardize and mainstream Animal Law as a legal practice area.

Table of Contents

Chapter 1: Companion Animals and the LawChapter 2: Family Law and Replevin ActionsChapter 3: Alternative Dispute ResolutionChapter 4: Estate Planning, Wills, and TrustsChapter 5: Contract Law and the Uniform Commercial CodeChapter 6: Property Law and the Meaning of ThingsChapter 7: Tort Law Affects Pet LawChapter 8: Animal Cruelty, Crimes, and the ConstitutionChapter 9: Katrina, KatrinaChapter 10: Dangerous Dogs and Police PowersChapter 11: Science and TechnologyChapter 12: Potpourri of the Predicates of ChangeChapter 13: Law Office Basics, Anatomy of a Case, and Expert TestimonyConclusion Epilogue: Life With Dogs Appendix 1: Pet Custody Questionnaire Appendix 2: Values Clarification Exercise Appendix 3: Lost and Found Dog Pleadings Appendix 4: Animal Seizure Memorandum of Law Appendix 5: Companion Animal Custody and Ownership Family Law Statute Amendment: Model Language Appendix 6: Pet Custody Statutory Provisions Appendix 7: Joint Custody and Joint Ownership Agreement Appendix 8: Characteristic Rescue Adoption ContractAppendix 9: Breeder Agreement for Pet-Quality DogAppendix 10: Pet Custody DiscoveryAppendix 11: Order Denying ReplevinAppendix 12: Replevin Pleadings and AnalysisAppendix 13: Order Regarding Motion to Dissolve Ex Parte Writ of ReplevinAppendix 14: Proposed Dangerous Dog Determination and OrderAppendix 15: Animal Law Books Published by the American Bar AssociationTable of CasesIndex

Editorial Reviews

Barbara’s passion for animals and her legal skills can clearly be seen in this comprehensive book. The ‘subject’ is treated in depth and rarely does such a book include mediation, collaborative law and arbitration. This pioneering book, thanks to its thorough reasoning, is very useful, even for a Civil law lawyer like me!

Jean-François Henrotte

Long aware of her national leadership in Animal Law, I applaud Gislason’s groundbreaking and unique book. In addition to providing practical advice and intriguing case law analysis, she offers a compelling vision as to where companion animals, as family members, rightfully belong in 21st century jurisprudence. I foresee that Barbara Gislason’s book will earn its place on the world stage.

Ellen Rosenblum

Barbara Gislason writes compellingly with practicality, expertise, and compassion. Her wonderful, inspiring book will educate lawyers, judges, and ADR professionals about companion animal law, especially in the confusion of pet custody disputes. Everyone who loves animals or has pet family members will benefit from knowing how to legally, ethically, and morally take care of vulnerable creatures who depend on us. A groundbreaking work and treasure trove of valuable resources, this book is an important game-changer. We enthusiastically endorse and recommend it.

Allen and Linda Anderson

Every thinking person should realize that there is a close connection between law and ethics, albeit not a perfect symmetry. Societal ethical concern for animals has been increasing incrementally during the last 50 years, but particularly for companion animals, who for a variety of reasons have become widely viewed as members of the family. This splendid book thoroughly and exhaustively for the first time explores all aspects of law pertaining to companion animals. Such a book has long been needed, and no one could have done it better than Barbara Gislason. This book is an instant classic, and will remain so for the foreseeable future. I recommend this book to everyone interested in companion animals, be they attorneys or animal advocates or animal owners.

Prof. Bernard E. Rollin

A comprehensive and well researched book on pet custody is long overdue. Pet Law and Custody provides readers with important practical advice about what to do if a dispute arises. I’m certain this unique book will propel much needed change in companion animal law.

Marc Beckoff

Essential reading for lawyers and anybody who is interested in animal legal issues. Barbara Gislason’s work is pioneering and will help you think deeply about the relationship between people and animals.

Dr. Temple Grandin