Abstract for a new paper on SSRN:
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? […] This article examines how the legal system presently balances such interests and how common law judges could expand, in a forthright manner, the consideration of animals’ interests. Finally, this article will suggest a more expansive consideration of animals’ interests through the adoption of a new tort: intentional interference with a fundamental interest of an animal.
(David S. Favre, “Judicial Recognition of the Interests of Animals – A New Tort”, 2005 Mich. St. L. Rev. 333 (Summer 2005)). Who says we already have too many lawsuits? If there ever is a class action on behalf of the Bovine-American community over McDonald’s hamburgers, it can perhaps be covered in the next edition of another new paper on SSRN, Howard Wasserman’s “Fast Food Justice.”
Earlier Overlawyered coverage: Oct. 21 and our animal rights archive.
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