Animal Law Commons^™

The Cow Says Moo, The Duck Says Quack, And The Dog Says Vote! The Use Of The Initiative To Promote Animal Protection, Joseph Lubinski

University of Colorado Law Review

No abstract provided.

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.

Enforcing Existing Rights, Cass R. Sunstein

Animal Law Review

No abstract provided.

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

Animal Law Review

No abstract provided.

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 …

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 …

Congress' Failure To Enact Animal Welfare Legislation For The Rearing Of Farm Animals: What Is Truly At Stake?, Jimena Uralde

University of Miami Business Law Review

No abstract provided.

Dismantling The Barriers To Legal Rights For Nonhuman Animals, Steven M. Wise

Animal Law Review

No abstract provided.

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 …

Steven M. Wise: Rattling The Cage -- Toward Legal Rights For Animals, David J. Wolfson

Animal Law Review

No abstract provided.

Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise

Animal Law Review

The rule that "animals are property," and do not merit legal rights, is ingrained in the law of English-speaking countries. Challenges to this rule must be brought in strategic, thoughtfu, sensitive, sophisticated, and coordinated ways. This essay offers seven related strategic considerationsf or anyone who wishes to battle the "animals as property" rule.

If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai

Animal Law Review

Mr. Shenai examines animal rights in the context of federal animal testing. After discussing current federal research policy and the positions held by animal rights advocates, he proposes a new statute to accommodate all interests in society as well as the rights of the animals being considered for testing.

Obstacles To Legal Rights For Animals: Can We Get There From Here?, Susan Finsen

Animal Law Review

No abstract provided.

Rights Of Slaves And Other Owned-Animals, Alan Watson

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. The law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. However, through the efforts of people who have recognized the law's shortcomings and have sought to correct them, justice may eventually prevail. Unfortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by experts from various interdisciplinary fields at …

Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise

Animal Law Review

This Symposium was adapted from a presentation to the Senior Lawyers Division of The American Bar Association, Orlando, Florida, Aug. 2, 1996.

Rights Of Slaves And Other Owned-Animals, Alan Watson

Scholarly Works

Part of a number of essays which follow are written by experts from various interdisciplinary fields at the request of Animal Law.

I chose the title with deliberation. My concern in this paper is not with moral theory, but with the law that has given rights to owned-animals, and the extent to which these rights have been enforced.

I believe that there is a three-fold hierarchy as to the extent of these rights in accordance with the animal that is their object. At the top of the hierarchy are rights accorded to slaves under a legal system that is not …

Animal Cruelty Legislation: The Pasado Law And Its Legacy, Steve Ann Chambers

Animal Law Review

No abstract provided.

Biological Continuity And Great Ape Rights, Mark A. Krause

Animal Law Review

No abstract provided.

Legal Rights For Nonhuman Animals: The Case For Chimpanzees And Bonobos, Steven M. Wise

Animal Law Review

No abstract provided.

The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt

Faculty Scholarship

When people hold religious views that have implications for moral choices and for the desirable uses of law, may they properly rely on those religious views in our liberal democracy? The commonly expressed ideas that church and state are separate and that no group should impose its religious views on others may seem to suggest that political dialogue and bases for political decisions should be wholly nonreligious. This position, which is the main target of this Article, receives articulate defense among prominent social philosophers. This Article urges a different position: that no commonly shared ground of decision is available for …