Equitable Self-Ownership for Animals

This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggest that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal. Such a new status would have two primary impacts. First, the animal would have access to the legal system, at least in what has historically been the realm of equity, for the protection and assertion of his or her interests. Secondly, the human holder of legal title will, like a traditional trustee, have obligations to the equitable owner of the animal, that is the animal himself. As the subject matter of this trust-like relationship would be a living being, not money or wealth, the legal owner would best be characterized as a guardian, rather than by the traditional category of trustee. The Article concludes with a short discussion of the use of anti-cruelty law and human guardianship concepts as providing a context for the further development of this new concept of equitable self-ownership

Judicial Recognition of the Interests of Animals - A New Tort

This article seeks to explore a simple but profound question. How should our legal system deal with the claims of animals for protection against harms inflicted by humans? Rather than a comparative rights analysis as used by some writers, this article will use the non-comparative approach based upon an interest analysis. The short answer is that our legal system can and should do what it always has done, balance the interests of competing individuals in a public policy context, always seeking to strike an ethically appropriate balance. It will be shown that the legislative branch of our government presently promotes the consideration of animal interests on this basis. This article examines how the legal system presently balance such interests and how common law judges could expand, in a forthright manner, the consideration of an animal’s interests. Finally, this article will suggest a more expansive consideration of animals’ interests through the adoption of a new tort: the intentional interference with a fundamental interest of a non-human animal

The growing reality of legal rights for companion animals

Over the past decade, the fifty state legislatures of the United States have been adopting legislation for the benefit of the group of animals known as companion animals (pets). When considered together as a set, these laws create an initial set of legal rights for that group of animals. To explore that conclusion, the definition of a legal right and the particular statutes, such as new divorce laws, are considered

Five More Years for the Animals

For Animal Law's twenty-fifth anniversary edition, David S. Favre is back with an update on the state of animal law in the United States. This piece covers the new, the changeless, the good, and the bad of the animal legal landscape in the past five years, since Animal Law last asked Favre to write a review of animal law. An overview of new case law is discussed, as is a summary of newly passed state laws, mostly related to companion animals. Additionally, developments in the ever-expanding field of animal legal education are examined. This article discusses changes in a variety of animal-related areas-from criminal law, to animals in entertainment, to animal rights-in the past five years

Living Property: A New Status for Animals Within the Legal System

This Article develops the proposition that non-human animals can possess and exercise legal rights. This proposal is supported by the fact that our legal system already accommodates a number of animal interests within the criminal anti-cruelty laws and civil trust laws. To make a more coherent package of all animal-related public policy issues, it is useful to acknowledge the existence of a fourth category of property, living property. Once separated out from other property, a new area of jurisprudence will evolve, providing legal rights for at least some animals. This Article establishes why animals should receive consideration within the legal system, which animals should be focused upon, what some of the legal rights might be, and how the traditional rules of property law will be modified to accommodate the presence of this new category of property

Ethical Duties Based upon Animal Interests

Este artículo trata sobre la naturaleza y el alcance de las obligaciones éticas que los humanos tienen con los animales, derivadas del hecho de que éstos otros seres están vivos. También se presta atención a cómo las preocupaciones éticas de los seres humanos individuales se transforman en posiciones sociales y, finalmente, leyes para la protección de los animales a través del concepto de la utilización respetuosa de los animales por los humanos. Se dan cuatro grandes principios sobre los cuales se puede construir una ética amigable con los animales. This article addresses the nature and scope of the ethical duties that humans have toward animals which arise out of the fact that these other beings are alive. Attention is also given to how the ethical concerns of individual humans will be transformed into social positions and ultimately laws for the protection of animals through the concept of the respectful use of animals by humans. Four broad principles are provided upon which an animal friendly ethic can be built

An International Treaty for Animal Welfare

Currently there is no international agreement that ensures the welfare and protection of animals. Nor is there any international standard that regulates and defines the acceptable treatment of animals. This lack of international consensus leads to the current disparate treatment of animals around the world, echoing the need for an international framework addressing the issue. This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This Article argues that this is the best way to successfully pursue international protection by reconciling the conflicting goals of making a treaty enticing to as many countries as possible without eliminating enforcement mechanisms. This Article also suggests four companion protocols that would further delineate specific animal welfare standards and requirements. With the present economic climate, it may be difficult to convince countries to pass such a treaty. However, the ICPA could make it possible to begin the process of enacting groundbreaking international animal protection

Wildlife Rights: The Ever-Widening Circle

Article published in the Environmental Law

The Gathering Momentum

Article published in the Journal of Journal of Animal Law