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Full-Text Articles in Animal Law
A Critical Moral Dilemma Within Animal Law Impact Litigation, Kyla Dayton-Woods
A Critical Moral Dilemma Within Animal Law Impact Litigation, Kyla Dayton-Woods
Animal Law Review
Animals, as legal clients, deserve the same rights as people when being represented by attorneys. There is no Model Rule of Professional Conduct to guide attorneys on how to ethically represent their animal clients. This gap in the law demonstrates an uncertainty in how lawyers are meant to fulfill their moral and legal obligations for their animal clients. Using the Nonhuman Rights Project’s representation of two elephant clients, Beulah and Karen, as a test, this Article proposes a Model Rule to fill the moral gap. If this proposed rule was incorporated into the Model Rules, Beulah and Karen’s attorneys may …
From The United States To Pakistan: Can Climate Change Pave Toe Way For An International Right To Animal Rescue In Disasters?, Altamush Saeed
From The United States To Pakistan: Can Climate Change Pave Toe Way For An International Right To Animal Rescue In Disasters?, Altamush Saeed
Animal Law Review
Over 69% of the world’s wildlife has been lost between 1970 and 2018. Catastrophic events like the Australian bushfires, the Amazon rainforest fires, and the ongoing floods in the United States have led to the deaths of several billion animals. Ongoing apocalyptic floods have put one-third of Pakistan underwater and led to the deaths of over a million livestock animals. Climate change, human rights, and animal rights have become so intertwined that all life—including human, nonhuman, and plant life—is on the brink of extinction.
Animal Rights In The Shadow Of The Constitution, Ariel L. Bendor, Hadar Dancig-Rosenberg
Animal Rights In The Shadow Of The Constitution, Ariel L. Bendor, Hadar Dancig-Rosenberg
Animal Law Review
In this Article, we consider whether granting constitutional protections can improve animal welfare. To that end, we carry out a comparative analysis of legal systems that protect animal rights by constitutional tools, identify and analyze the ideas underlying those protections, and explore their adaptability. Focusing mainly on the Israeli case, we argue that constitutional law cannot provide adequate protections for animals and, contrary to the conventional wisdom, might even impair their protection.
Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc
Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc
Animal Law Review
No abstract provided.
Animal Rights: From Why To How, Joan Schaffner, Sherry F. Colb, Michael C. Dorf, David Favre, Lori Gruen, Angela P. Harris, Dale Jamieson
Animal Rights: From Why To How, Joan Schaffner, Sherry F. Colb, Michael C. Dorf, David Favre, Lori Gruen, Angela P. Harris, Dale Jamieson
Animal Law Review
On January 9, 2016, the Association of American Law Schools hosted a panel by the Section on Animal Law in New York City. The panel featured legal professionals, scholars, and experts from various disciplines who discussed strategies for securing legal rights for animals. The panel explored what the animal rights movement can learn from other social movements, which legal approaches are available to animal advocates, and the need for non-legal strategies to change cultural attitudes. This panel moves beyond the discussion of whether animals have rights, and addresses the important questions and potential strategies for improving the lives of non-human …
A Stepping Stone Toward Companion Animal Protection Through Compensation, Zachary Paterick, Timothy Paterick, Sandy Sanbar
A Stepping Stone Toward Companion Animal Protection Through Compensation, Zachary Paterick, Timothy Paterick, Sandy Sanbar
Animal Law Review
Despite the fact that many Americans view their companion animals as part of the family, the law treats companion animals as personal property. The courts have viewed companion animals as property for over 200 years, however, this precedent no longer adequately accounts for the important role companion animals play in modern day lives, and no longer appropriately compensates for the true value the animal has to the owner. A modified investment approach, stemming from wrongful death precedent, provides both a qualitative and quantitative approach to adequately measure the compan-ionship value these animals have to humans. While courts have entertained various …
Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan
Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan
Animal Law Review
No abstract provided.
The Universal Declaration Of Animal Rights Or The Creation Of A New Equilibrium Between Species, Jean-Marc Neumann
The Universal Declaration Of Animal Rights Or The Creation Of A New Equilibrium Between Species, Jean-Marc Neumann
Animal Law Review
This Essay is a translation of the author’s original French text. It examines the Universal Declaration of Animal Rights of 1978, which lays out fundamental rights for animals in fourteen articles. This Essay explores the origins of and influences behind the original Declaration, as well as details the changes which were brought to it in a revised version in 1989. It then examines the scope of the Declaration and why it has not had the far-reaching implications its authors once hoped for. Finally, this Essay questions what the Declaration means for the future of animal rights and whether the document …
Human Drama, Animal Trials: What The Medieval Animal Trials Can Teach Us About Justice For Animals, Katie Sykes
Human Drama, Animal Trials: What The Medieval Animal Trials Can Teach Us About Justice For Animals, Katie Sykes
Animal Law Review
The legal system generally does little to protect animals, and one aspect of its inadequacy is a matter of formal structure: under United States and Canadian law, animals are not legal “persons” with an independent right to the protections of the legal system. There are calls to expand the status of animals in the law by providing them with legal standing, the right to be represented by a lawyer, and other formal protections. But, in a way, some of this has happened before. There is a long history, primarily from the medieval and early modern periods, of animals being tried …
Live Free Or Die: On Their Own Terms: Bringing Animal-Rights Philosophy Down To Earth By Lee Hall, Joel Marks
Live Free Or Die: On Their Own Terms: Bringing Animal-Rights Philosophy Down To Earth By Lee Hall, Joel Marks
Animal Law Review
This book review examines Lee Hall’s new book, which presents an innovative animal rights theory: wild animals, due to their autonomous nature, are endowed with rights, but domesticated animals lack rights because they are not autonomous. With that theory in mind, Hall outlines ideas about how humans are obligated to treat both wild and domestic animals. Hall first argues that the rights of wild animals require that humans let them alone. Yet, despite the fact that domestic animals lack rights under Hall’s theory, Hall argues that humans are required to care for them because it is humans who brought them …
Ringling Brothers On Trial: Circus Elephants And The Endangered Species Act, Mark Eichelman
Ringling Brothers On Trial: Circus Elephants And The Endangered Species Act, Mark Eichelman
Animal Law Review
In February 2009, the case of American Society for the Prevention of Cruelty to Animals, et al. v. Feld Entertainment, Inc. was heard in the United States District Court for the District of Columbia. The plaintiffs, four animal rights organizations and one former elephant handler for Ringling Brothers and Barnum & Bailey Circus, brought a citizen suit against Feld Entertainment, Inc. (FEI), owner of Ringling Brothers, alleging that the Circus’ use of bullhooks and leg tethers on its endangered Asian elephants constituted illegal “takings” under the Endangered Species Act (ESA). FEI argued that the plaintiffs did not have standing to …
Two Major Flaws Of The Animal Rights Movement, Geordie Duckler
Two Major Flaws Of The Animal Rights Movement, Geordie Duckler
Animal Law Review
In its current guise, animal rights advocacy imposes few intellectual demands on its proponents, usually requiring little more than a colorful Web site and a college dictionary, the former to construct an audience, and the latter to provide the emotion-laden phrases needed to inflame that audience into supporting stringent penalties for animal-related crimes. Hard thought is not really essential for animal rights advocates to be able to proclaim an end to animal abuse or an allegiance to easing animal suffering, and the standard advocate toolkit simply need not include “rational legal analysis” among the apparatus utilized to rail against mistreatment, …
Building Our Future, Joyce Tischler
A Contractarian View Of Animal Rights: Insuring Against The Possibility Of Being A Non-Human Animal, Julie Hilden
A Contractarian View Of Animal Rights: Insuring Against The Possibility Of Being A Non-Human Animal, Julie Hilden
Animal Law Review
Contemporary research results regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggest the need for a sweeping re-evaluation of their legal status as mere property. In this essay, the author will contend that the contractarian theory of philosopher John Rawls provides an ideal basis for this re-evaluation. Rawls’ theory holds that the just rules for a given real-world society are those that would rationally be chosen behind an imaginary “veil of ignorance,” where the deciding parties are placed in an “original position” in which they have no idea of their personal qualities or the positions they will …
Think Or Be Damned: The Problematic Case Of Higher Cognition In Animals And Legislation For Animal Welfare, Lesley J. Rogers, Gisela Kaplan
Think Or Be Damned: The Problematic Case Of Higher Cognition In Animals And Legislation For Animal Welfare, Lesley J. Rogers, Gisela Kaplan
Animal Law Review
Recent discoveries of higher cognitive abilities in some species of birds and mammals are bringing about radical changes in our attitudes towards animals and will lead to changes in legislation for the protection of animals. We fully support these developments, but at the same time we recognize that the scientific study of higher cognition in animals has touched on only a small number of vertebrate species. Accordingly, we warn that calls to extend rights, or to at least better welfare protection, for the handful of species that have revealed their intelligence to us may be counterproductive. While this would improve …
The Day May Come: Legal Rights For Animals, Tom Regan
The Day May Come: Legal Rights For Animals, Tom Regan
Animal Law Review
This article examines the main arguments used for denying moral rights to nonhuman animals, the rights to life and bodily integrity in particular. Because these arguments are deficient, animals should not be denied legal rights on the basis of their presumed moral inferiority to humans.
Integrating Animal Interests Into Our Legal System, David Favre
Integrating Animal Interests Into Our Legal System, David Favre
Animal Law Review
This article explores the obstacles to obtaining legal rights for animals both within the animal rights movement and within the broader political context. The author examines in which arena legal change might best be sought—the courts, the legislature, state governments, or the federal government. Finally, it makes a number of suggestions as to what type of laws would be the most successful in advancing the interests of animals.
A Review Of Minding Animals: Awareness, Emotions, And Heart By Dr. Mark Bekoff, Michael Tobias
A Review Of Minding Animals: Awareness, Emotions, And Heart By Dr. Mark Bekoff, Michael Tobias
Animal Law Review
No abstract provided.
Enforcing Existing Rights, Cass R. Sunstein
Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett
Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett
Animal Law Review
Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.
Animal Law And Animal Rights On The Move In Sweden, Helena Striwing
Animal Law And Animal Rights On The Move In Sweden, Helena Striwing
Animal Law Review
Ms. Striwing, an attorney at law in Sweden, provides a glimpse into Swedish laws and practices affecting animals in that country. She discusses the development and characteristics of such laws and offers suggestions regarding implementation and enforcement that may also be utilized by other countries in their quests to afford animals greater legal protections.
Ten Lessons Our Constitutional Experience Can Teach Us About The Puzzle Of Animal Rights: The Work Of Steven M. Wise, Laurence H. Tribe
Ten Lessons Our Constitutional Experience Can Teach Us About The Puzzle Of Animal Rights: The Work Of Steven M. Wise, Laurence H. Tribe
Animal Law Review
No abstract provided.
Dismantling The Barriers To Legal Rights For Nonhuman Animals, Steven M. Wise
Dismantling The Barriers To Legal Rights For Nonhuman Animals, Steven M. Wise
Animal Law Review
No abstract provided.
Crime Victims' Rights: Critical Concepts For Animal Rights, Douglas E. Beloof
Crime Victims' Rights: Critical Concepts For Animal Rights, Douglas E. Beloof
Animal Law Review
It is simultaneously intimidating and presumptuous to make observations about a movement that one is not intimately involued in. I am not an animal rights scholar. However, I am in the dignity recognition business. As a legal advocate and academic, I work to promote the dignity of human victims of crime. I have written the only casebook for law students about crime victims law, consult with Congress about crime victim law, and advise attorneys and victim organizations around the country. I also lwt·e considerable experience in taking movements and moving them into practical operations within prosecutors' offices; for example, in …
Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau
Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau
Animal Law Review
This article offers an extended analogy for the purpose of posing basic questions about proposals for granting legal rights to some nonhuman animals. The analogy is drawn from the precedent-breaking eighteenth century English case Somerset v. Stewart, which liberated an African slave. The article argues that one can identify features of the eighteenth century debate which illuminate features of today's debate over proposed uses of centrally important legal concepts for some nonhuman animals. Using the comparison for the limited task of highlighting the complex cultural backdrop in each situation, the article suggests that the comparison helps one see the nature …
Rebuilding The Wall, Bill Davis
Rebuilding The Wall, Bill Davis
Animal Law Review
The debate about whether nonhuman animals deserve legal rights encompasses an ever broadening range of theories and strategies. Most thinkers pushing for nonhuman animal rights reject speciesism, which they view as an often tacit foundation for their adversaries' arguments. Yet almost every current contributor to the debate-whether they favor or disfavor the extension of rights beyond the human sphere-engages in some form of intelligenceism by focusing disproportionate attention on humanlike animals. This essay submits that nonhuman animal advocates must recognize this pervasive intelligenceist bias and be wary of the detrimental effects its substitution for speciesism could have on their long-term …