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A New Super-Breed of Animal Lawyers

A New Super-Breed of Animal Lawyers

Law schools are getting serious about fighting for animal justice.

$36,000 per person worth of serious.

Six students have started training for the very first Master’s in Law (or LL.M.) degrees in Animal Law conferred in the United States at Lewis & Clark Law School. One of them, Mandiey Winalski, said she is getting the degree because “there was just no question – I had to do this.”  She says that ”for years, I had been trying to help animals as best I could,” but she realized that she “really needed the formal education and clinical experience to back” up her passion.

Another new student, Martha Claire Howe, felt the same way. She wanted to be “as effective an advocate as possible,” she says, and she felt that getting a master’s would help her do that.

There are many opportunities for these new LL.M. graduates. Some animal lawyers practice solo or in small firms across the country; others work for organizations like the Animal Legal Defense fund (ALDF) and the Humane Society of the United States (HSUS). These larger groups have many active cases at any given time, offering a wide variety of subjects and venues to keep lawyers busy.

Lawyers at HSUS, for example, are currently involved in a petition to “prohibit public contact with big cats, bears and primates under the Animal Welfare Act,” and a lawsuit to stop hunting and trapping of wolves.

At ALDF, lawyers are suing Judy’s Farmily Farm Organic Eggs for falsely advertising that its chickens “are raised in wide open spaces” and live natural lives; suing Indiana for waving through a proposal to open a canned hunting facility with no regard for applicable regulations; and suing the U.S. government for renewing the license of a flagrantly abusive roadside zoo, as Care2 has reported.

Despite all this activity, there is still much for new animal lawyers to do. “[W]hile laws have improved and grown, there is still a disconnect between what animals deserve and what protections they get,” said Pamela Frasch, Assistant Dean of the Animal Law Program and Executive Director of the Center for Animal Law Studies at Lewis & Clark.

One of these disconnects is the law of standing. A person can’t bring a lawsuit if she does not have standing, which means that she has a genuine dispute that violates a law. Since the law usually treats animals like property, they don’t qualify for standing any more than furniture does, so they cannot sue on their own behalf. A human can’t sue on their behalf either. This means that in most cases where a person is harming an animal, animal activists can’t go to the courts for help. Perhaps a new generation of lawyers with special expertise will be able to open the courts to more kinds of disputes involving animals — in fact, Howe says getting standing for animals is one of her professional goals.

In the meantime, there are many situations where courts already can play a role in animals’ lives, like the HSUS and ALDF cases described above. Winalski plans to advocate for animals in the courts, but some of the new LL.M.s are thinking of working outside the courts in the legislative and administrative realms where they can change policy. Howe wants to see the federal government require humane education in schools “in order to foster a more compassionate, critical thinking, and aware society.” She notes that thirteen states already require humane education, but says the laws are not well enforced.

Whatever facets of animal law they choose to pursue, these soon-to-be lawyers and their successors are poised to be powerful advocates for animals.


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Photo credit: Zoonar

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5:40AM PST on Nov 6, 2013

Great article. Does anyone know a great pro bono animal rights lawyer willing to advise our non-profit organization on becoming a 501-c for the purpose of sponsoring a humane education awareness and non-violent global action day this coming October 04, 2014? If so, please write PAUSE at
CPR for the animals

5:42AM PST on Jan 12, 2013

This made me so happy! I read this with a huge smile on my face, and am astounded by these people's choices. Some people, in fact quite a lot of people feel negatively towards lawyers, but if I ever hear that again, I will tell them that there are decent, very decent lawyers out there who want to fight to make the world a better place for animals, the beings in this world who have no voice. I take my hat off to them, and in spirit thank them from the bottom of my heart.

11:04AM PST on Nov 21, 2012

This is great's about damn time. This is a step in the right direction.

6:25AM PST on Nov 12, 2012

great news, thanks for sharing :)

5:11PM PST on Nov 10, 2012

Wonderful. We need specially trained lawyers to draft new animal welfare laws and to protect animals and animal advocates!

10:47AM PST on Nov 4, 2012

This is an interesting story and an interesting topic. I love animals and abhorr abusers but I have always wondered what animal abuse laws are based on ( legally ). All laws in the U.S. must have some foundation in the U.S. Constitution and the word animal isn't in there. In fact, slave owners used to physically abuse their slaves and it was fine because the slaves were considered property, just like animals are today. My concern has always been that someone will challenge a state's animal abuse laws and take it to the U.S. Supreme Court and lose, effectively undermining all animal abuse laws. If anyone can shed any light on this and put my mind at ease I'd love to hear from you.

2:21AM PDT on Nov 3, 2012

excellent, with the rise in animal abuse and cruelty, we need strong, well-equipped lawyers to fight the system and petition for stricter sentences and policies to be implemented. way to go!

1:20AM PDT on Nov 3, 2012

This is a really good story and at last,animal rights and justice are becoming a serious issue! Good on Peter Singer for starting this off,forty years ago!!!

10:42PM PDT on Nov 2, 2012

I would love for these guys to make laws and punishment much tougher on people that don't take care of animals

10:34PM PDT on Nov 2, 2012


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