Open Access. Powered by Scholars. Published by Universities.®

Animal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Animal Law

Animal Rights In The Shadow Of The Constitution, Ariel L. Bendor, Hadar Dancig-Rosenberg Jan 2018

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.


Animal Property Rights, Karen Bradshaw Jan 2018

Animal Property Rights, Karen Bradshaw

University of Colorado Law Review

The animal rights movement largely focuses on protecting species whose suffering is most visible to humans, such as pets, livestock, and captive mammals. Yet, we do not observe how unsustainable land development and fishing practices are harming many species of wildlife and sea creatures. Fish and wildlife populations have recently suffered staggering losses, and they stand to lose far more. This Article proposes a new legal approach to protect these currently overlooked creatures. I suggest extending property rights to animals, which would allow them to own land, water, and natural resources. Human trustees would manage animal-owned trusts managed at the …


Litigating Nonhuman Animal Legal Personhood, Richard L. Cupp Jr. Dec 2017

Litigating Nonhuman Animal Legal Personhood, Richard L. Cupp Jr.

Richard L. Cupp Jr.

In 2017 a New York appellate court issued a landmark ruling rejecting an animal rights organization’s efforts to assign legal personhood status to chimpanzees in Matter of Nonhuman Rights Project, Inc. v. Lavery. This paper provides context for the ruling, and includes an amicus curiae brief the author filed in the case. The court discussed the amicus curiae brief in explaining its ruling, and a prominent animal law blog described the court’s decision as “citing to and relying on” the brief. The brief asserts and the court ruled that rights are broadly connected to humans’ norm of capacity for legal …