Posts Tagged ‘animal rights’

“Monkey see, monkey sue” — but not monkey standing

The talk of legal Twitter over the weekend has been Andrew Dhuey’s motion to dismiss for the defendants in the monkey-selfie case. His brief begins (h/t Pogo Was Right):


A monkey, an animal-rights organization and a primatologist walk into federal court to sue for infringement of the monkey’s claimed copyright. What seems like the setup for a punchline is really happening. It should not be happening. Under Cetacean Community v. Bush, 386 F.3d 1169 (9th Cir. 2004), dismissal of this action is required for lack of standing and failure to state a claim upon which relief can be granted. Monkey see, monkey sue is not good law – at least not in the Ninth Circuit.


The only pertinent fact in this case is that Plaintiff is a monkey suing for copyright infringement.

Meanwhile, on what I suppose you could call a parallel track, from Broward County, Fla.: “Attorney Kenneth Trent says the turtles themselves have standing to sue in federal court” [AP/Fox DC]

Monkey-snapped photos: the grin on the PETA

We’ve previously covered the controversy over whether anyone can properly claim copyright for a selfie photograph snapped by a macaque monkey. On one hand, the photographer who owned the camera and had set up the tripod wished to claim copyright; on the other, it was argued that the photo was properly in the public domain because the act of taking the shot had not been his. Now, in Naruto, a Crested Macaque, by and through his Next Friends, People for the Ethical Treatment of Animals, Inc. and Antje Engelhardt, Ph.D. v. David Slater, “PETA claims that the monkey, who is apparently named Naruto, should be treated as if he were a human artist who had taken the same photo.” [Consumerist, David Post]

“Petco won’t sell goldfish to Persians on spring equinox, lawsuit says”

Discrimination in public accommodations claim: California plaintiff Sam Mojabi alleges in a lawsuit that Petco has a “systematic” practice of suspending sales of goldfish around the time of the spring equinox. Following the circulation of reports that some families celebrate the Middle Eastern spring-equinox new year’s holiday Nowruz, influenced by Zoroastrian traditions, with a display of live goldfish, some store personnel sought to prevent the sale of the fish to Persian/Iranian buyers for fear the animals would not be cared for well after the holiday. [ABA Journal] Ten years ago Britain’s then-Labour government backed off a proposed ban on the awarding of goldfish in a plastic bag as a fairground prize, and more recently an elderly shopkeeper was “given an electronic tag and curfew for selling a goldfish to a 14 year-old” in a sting operation despite a law limiting sales to over-16s.

August 5 roundup

  • Makes perfect sense: to make transportation more accessible to its residents, Montgomery County, Maryland orders 20 taxi companies to close down [Washington Post]
  • “New ‘Gainful Employment’ Rule Spells Trouble For For-Profit Law Schools (And Would For 50 Non-Profit Law Schools)” [Caron, TaxProf]
  • “To comply with a twisted interpretation of TCPA, Twitter would have to stop providing certain services altogether.” [Harold Furchtgott-Roth] “New FCC Rules Could Make Polling More Expensive, Less Accurate” [HuffPost Pollster]
  • To draft the unpassable bill: Scott Shackford on the politics and bad policy behind the omnibus LGBT Equality Act [Reason] “So How Can Anyone Be Opposed to Non-Discrimination Laws?” [Coyote] More: Establishment liberalism reluctant to admit it’s changed its thinking on religious accommodation, but that’s what’s happened [Ramesh Ponnuru/Bloomberg View]
  • Update: “Court rejects claim over goat goring in Olympic National Park” [AP, earlier here and here]
  • “I would receive 100 other identical stories [from asylum seekers] with only the names changed.” [The Australian, 2013]
  • “Some protested that DNA testing amounted to a violation of canine privacy because dogs were not capable of consent.” [New York Times on Brooklyn condo dispute via @orinkerr]

Environment roundup

Environment roundup

  • Environmental law’s oft-praised public trust doctrine may have made California drought worse [Gary Libecap, Regulation magazine, via Peter Van Doren, Cato] Blame Nestlé for California water crisis? Well, people can try [Coyote]
  • True to “so-called Seattle Process of inclusive and abundant dialogue,” tunnel to replace Alaskan Way viaduct has developed into expensive fiasco [Karen Weise, Bloomberg]
  • Jefferson’s method of surveying “abstract and commodifiable” land, well suited to flat Midwest, curbed litigation and greatly advanced American prosperity [Steve Sailer, Chronicles]
  • RFK Jr.’s Waterkeeper “tightly intertwined with more than one of the players in [Skelos] investigation” [Scott Waldman, Capital New York]
  • High overhead: “what they are doing is pricing people out of the ceiling fan market” [Michael Bastasch, Daily Caller, re: Rep. Marsha Blackburn criticism of energy regulations]
  • Didn’t know San Francisco had such a high rate of vacant rentals: “America’s Rent-Controlled Cities Are Its Least Affordable” [Scott Beyer] Craziness of city’s housing policy long predates today’s war against techie newcomers [Coyote]
  • “Chimpanzee almost gets habeas corpus — and in any event the Nonhuman Rights Project gets a court hearing” [Volokh, earlier on chimpanzees and rights]

Environmental roundup

  • Plaintiffs in Michigan v. EPA, now before U.S. Supreme Court, argue that cost-no-object regulation oversteps EPA’s authority [The Economist, Ilya Shapiro on Cato’s amicus brief]
  • Apex predator? Class action firm and perennial Overlawyered favorite Hagens Berman sues Sea World demanding consumer refunds over animal handling [Orlando Sentinel, San Antonio Business Journal]
  • Privately designed and operated cities can provide answers to tough growth questions [Alex Tabarrok and Shruti Rajagopolan]
  • Following pile-on of publicity and lawsuits over formaldehyde levels in flooring, Lumber Liquidators distributes free test kits to consumers, gets sued over that too [Bloomberg, related]
  • Florida Fish and Wildlife Commission won’t charge men who posted Facebook video of their hang-out with an apparently injured Great Horned Owl, but feds might [Lowering the Bar]
  • Urban markets often blocked from providing supply of affordable housing [Adam Hengels, Market Urbanism] “Minimum parking requirements in the planning profession are closely analogous to bloodletting in the medical profession.” [Donald Shoup via Tabarrok]
  • In Louisiana, legacy lawsuits over past oil and gas drilling roil Plaquemines Parish [WWL]

Environment roundup

  • Biggest gaps between views of scientists and those of general public come on topics of animal research, GMO foods [Pew/AAAS]
  • New study challenges prevailing assumptions: controlling for such factors as poverty and race, “no differences [found] in asthma risk between children living in urban areas and their suburban and rural counterparts” [Science Daily; Knappenberger and Michaels, Cato]
  • Interview with NYU’s urbanist Alain Bertaud, formerly of the World Bank [Market Urbanism]
  • Little free libraries on the wrong side of zoning law [Conor Friedersdorf, Sarah Skwire/Freeman, L.A. Times]
  • “Who knew following the trail of ‘clean energy’ money could make you feel so dirty?” [Oregonian editorial on scandal that led to resignation of Gov. John Kitzhaber, more, Watchdog] Actually, the correct answer is “plenty of us”: green-barrel projects rife with cronyism in other states too [Mark Newgent, Red Maryland; Michael Dresser, Baltimore Sun]
  • “EPA’s Wood-Burning Stove Ban Has Chilling Consequences For Many Rural People” [Larry Bell, Forbes]
  • “The digital poker magnate who financed an epic pollution lawsuit against Chevron has disavowed the case and accused the lead plaintiffs’ lawyer of misleading him about the underlying facts.” [Paul Barrett, Roger Parloff]

Environment roundup

  • Price of California eggs soars following animal-rights measure [WSJ via Michael Greve] “An Orangutan Has (Some) Human Rights, Argentine Court Rules” [Brandon Keim, Wired via Althouse, related U.S.]
  • Trees cut down by utility “are priceless — each one I could value at $100K,” Fieger said” [Detroit Free Press via @jamestaranto, more on Geoffrey Fieger; henceforth sums of $100,000 will be known as “one Fieger-tree”]
  • As New Englanders struggle with energy costs, pols kill the gas pipelines that could bring relief [Urbanophile]
  • Power-plant regs from EPA, based on flimsy science, show “federal agency twisting statutory language to aggrandize its own power.” [Andrew Grossman; Cato brief in Michigan v. EPA]
  • California state agency proposes regulations purportedly easing burdens of notorious Prop 65 warning law [Cal Biz Lit]
  • “When I got there, there were people in SWAT attire that evacuated our entire factory.” [Chamber’s Faces of Lawsuit Abuse on Gibson Guitar raid]
  • Would a minimalist state funded by Pigouvian taxes run a budget surplus? [Bryan Caplan]