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Orangutana, Sandra s/ Habeas Corpus |
This decision was decided on an appeal of the writ of habeas corpus brought on behalf of an orangutan named Sandra after it was denied in its first instance. Pablo Buompadre, President of the Association of Officials and Attorneys for the Rights of Animals (AFADA) brought a writ of habeas corpus against the Government of the Autonomous City of Buenos Aires and the City Zoological Garden of Buenos Aires on behalf of the hybrid of two different orangutan species, Sandra. AFADA sought the immediate release and relocation of Sandra to the primate sanctuary of Sorocaba, in the State of Sao Paulo in Brazil. AFADA argued that Sandra had been deprived illegitimately and arbitrarily of her freedom by the authorities of the zoo, and that her mental and physical health was at the time deeply deteriorated, with imminent risk of death. For the first time, basic legal rights were granted to an animal. In this case, Argentina’s Federal Chamber of Criminal Cassation ruled that animals are holders of basic rights. The Court stated that “from a dynamic and non-static legal interpretation, it is necessary to recognize [Sandra] an orangutan as a subject of rights, as non-human subjects (animals) are holders of rights, so it imposes her protection."
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Origins of Animal Law: Three Perspectives |
This article provides three different perspectives on the origins of the Animal Law Review based at Lewis & Clark School of Law.
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Our Dumb Animals Vol 20 No.3 |
This is a magazine published by the Massachusetts Society for the Prevention of Cruelty to Animals. It is a mixture of articles, humor, poems and information, not unlike the Reader's Digest format of today. It is reflective of a softer, gentler era.
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Outside the Box: Expanding the Scope of Animal Law |
In this Introduction to Volume 14, Issue 2 of Animal Law, the author reflects on the 72nd North American Wildlife and Natural Resources Conference, an annual professional gathering for wildlife management professionals (mostly government wildlife managers).
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Overview of Animal Rights |
This overview provides a summary of the evolution of the animal rights movement with particular focus on the property status of animals in the U.S.
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Overview of Historical Materials |
This article provides a quick overview of the historical materials available through the Web Center
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Overview of Philosophy and Animals |
This overview examines the historical philosophical figures who have contributed to the modern animal rights and welfare movement.
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Park Management Corp v. In Defense of Animals |
An animal rights activist named Joseph Cuviello appealed the entry of a permanent injunction in a trespass action that prohibited him from demonstrating outside of Six Flags Discovery Kingdom ("The Park") in California. The superior court rejected Cuviello’s federal and state constitutional claims that he had a right to picket there peacefully and his common law defense based on a claimed prescriptive easement. The Park was originally municipally owned and privately operated until 2007 when the Park's management acquired the park from the City of Vallejo. After that acquisition, the Park began to limit free speech until it ultimately banned all expressive activity on the property. Cuviello was one of the many people that protested at the park advocating for animals and he had done so many times in the past. The Park filed a single cause of action for private trespass against several animal advocacy groups. Cuviello argued that he had a First Amendment right to protest there because the park had been dedicated to public use, the park was a public forum under state constitutional law, and given the amount of times he had protested at the park in the past, he had acquired a common law prescriptive easement right to protest there. The trial court denied Cuviello’s cross-motion for summary judgment and granted summary judgment for the Park. It ruled that the First Amendment does not apply to private property and that the property was not a public forum under California’s constitution. It also rejected the prescriptive easement claims. Although the Park was zoned as a public and quasi-public property, the Appeals Court grappled with whether to classify the Park as a private or public forum. The Court applied a balancing test which balanced society’s interest in free expression against the Park’s interests as a private property owner. The Court concluded that the unticketed, exterior portions of the Park was a public forum. Ultimately the Court held that the trial court erred in granting the Park’s summary judgment and in denying Cuviello’s cross-motion for summary judgment. Accordingly, the Court reversed the decision of the trial court and held that on the undisputed facts here, the Park may not ban expressive activity in the non-ticketed, exterior areas of Six Flags. |
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PASSING THE BATON: HOW TEAMWORK AND UNBRIDLED OPTIMISM CREATED LEWIS & CLARK’S ANIMAL LAW PROGRAM |
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Pawing Open the Courthouse Door: Why Animals' Interests Should Matter |
It is widely accepted that animals are viewed as property under the law. It is equally apparent, however, that animals are much more than the average inanimate piece of personal property. The law of standing should reflect that animals are creatures with interests worthy of legal protection in their own right. Thus, while the courts may inevitably continue to recognize animals as property, animals are qualitatively different and the courts can and must take this into consideration when deciding the issue of standing.
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