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

Law Commons

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

Articles 1 - 3 of 3

Full-Text Articles in Law

What Is The Primary Right?, Carter Dillard Jan 2013

What Is The Primary Right?, Carter Dillard

Carter Dillard

This essay develops a new human right derived from both domestic substantive due process and international political exit right doctrines, called the primary right, which is best described as a general human claim-right of reasonable access to wilderness. It is a first generation human rights approach to environmental protection, positing a “nonhuman” baseline environment which is a necessary condition for persons to a) be “let alone” by others, and b) withdraw consent to political association and exit any, and therefore all, polities.


Empathy With Animals: A Litmus Test For Legal Personhood?, Carter Dillard Jan 2012

Empathy With Animals: A Litmus Test For Legal Personhood?, Carter Dillard

Carter Dillard

Is there any relationship between the disposition of some humans to empathize with and respond to the interests of nonhuman animals, and the criteria we ought to use for determining who becomes a legal person? This brief essay argues that there is, by employing a thick conception of legal personhood, and suggests that criteria be used to determine who constitutes our legality in the future.


False Advertising, Animals, And Ethical Consumption, Carter Dillard Jan 2004

False Advertising, Animals, And Ethical Consumption, Carter Dillard

Carter Dillard

In light of the fact that today's consumers often want their products to be created in the most environmentally, globally, and animal friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. False advertising law represents a rare, albeit roundabout, legal opening for animal advocates to deal with issues of animal mistreatment, regardless of legislative and executive branch disregard of the importance of animal protection. Whether there is a beneficial change in the law or not, current opportunities in the market for these cases should be sought …