Animal Law Education: Discipline Whose Time is Now

Rajesh K. Reddy

 Le domaine du droit de l’animal a récemment acquis une nouvelle importance, due en grande partie à l’attention accrue accordée à notre relation avec les animaux à la lumière de l’épidémie de Covid-19. Pourtant, c’est la discipline de l’enseignement du droit de l’animal qui mérite d’être félicitée pour avoir mis à profit de nombreux points d’ancrage au cours du dernier demi-siècle et habilité les praticiens d’aujourd’hui à faire face à l’urgence du moment. À cette fin, cet article décrit le développement de l’enseignement du droit de l’animal aux États-Unis, en Australie et en Inde et offre un aperçu des perspectives de développement et de croissance dans ce domaine.  El campo del derecho animal ha ganado una nueva prominencia en los últimos tiempos, elevado en gran parte por la mayor atención que se presta a nuestra relación con los animales a la luz de la pandemia de Covid-19. Sin embargo, es la disciplina de la enseñanza del derecho animal la que merece crédito por haber aprovechado numerosos puntos de apoyo durante el último medio siglo y haber dado poder a los practicantes de hoy para hacer frente a la urgencia de este momento. Con este fin, este artículo traza el desarrollo de la enseñanza en derecho animal en los Estados Unidos, Australia e India y ofrece información sobre las perspectivas para que el campo prospere y crezca.

No time better attests to the need for animal law education than the present moment. The pandemic has opened the world’s eyes to the threat posed by zoonotic diseases, with multiple sources pointing to Covid-19 as having jumped into the human population at a Chinese wet market, where wild animals are often kept in crowded, unsanitary conditions. Indeed, today’s prevailing One Health paradigm highlights how human health is inextricably tied to that of animals and the environment we share with them. As such, discussions regarding how to secure our prosperity requires that seats at the table be reserved for animal law advocates. Numerous other reasons underscore the need to enshrine animal protections into the law. Pets are increasingly being viewed as core members of the family unit. Studies have established the link between human and animal violence such that laws to protect animals run to our benefit. Scrutiny is also being paid to the routine cruelties inflicted upon animals in factory farm settings, as well as how animal-based agriculture is devastating the environment, driving climate change, and fueling species loss. Perhaps most compelling, however, is the recent wave of laws formally recognizing animals as sentient beings who feel pain, experience pleasure, and possess an interiority of the mind that makes them worthy of ethical consideration. This paradigmatic shift has been driven by the pioneers of animal law education, with the United States, Australia, and India having achieved major advancements in a field that many if not most lawyers have still never heard of.

United States

The history of animal law education in the US finds its roots in environmental law, which generally contemplates the interests of animals on a species as opposed to on an individual basis. This change was marked by the first animal law course offering, which was led by an adjunct professor at Seton Hall University in 1977. Today, more than 150 law schools in the US feature animal law in their curriculum – though the regularity of these offerings varies by institution. For most, the offering represents a general elective that touches upon the numerous and surprising ways that the interests of animals are implicated by the legal system. For example, the first animal law casebook dedicates chapters to animal protections in the property, criminal, constitutional, research, estate planning, wildlife, and entertainment contexts, among others. Recognizing the breadth, import, and vibrancy of this field, a handful of law schools have developed full-scale animal law programs.

The first, the Center for Animal Law Studies, was founded in 2008 as a collaboration between Lewis & Clark Law School and the Animal Legal Defense Fund. At present, the Center for Animal Law Studies (CALS) features over twenty courses, with offerings as diverse as companion animal law, animals in agriculture, animal rights jurisprudence, aquatic animal law, animal law legislation and lobbying, animals in research and testing, criminal animal law, international animal law, and more. In addition, CALS is home to the world’s first animal law clinic, which allows students to engage directly with clients and put animal law theory into prac- Today, 16 of tice. The program has developed additional subject-spe- Australia’s 38 law cific clinics focused on international wildlife and farmed animal litigation. In 2012, CALS launched the world’s first schools feature advanced animal law degree program, paving a pathway animal law in for not just US but also foreign attorneys who may not have their curriculum. access to animal law education in their home jurisdiction to specialize in this burgeoning field. The list of US law schools that have developed an animal law program has grown to include Michigan State, Harvard, George Washington University, Yale, Oklahoma City University, the University of San Francisco, and more. In addition to developing courses beyond the general survey, each school has cultivated its own character and focus. For example, Michigan State boasts arguably the country’s most robust animal law database, which features noteworthy cases and legal commentary. Along with its animal law clinic, Harvard’s program features an array of fellowships designed to tackle today’s most pressing animal protection issues, such as how to combat the threat posed by wet markets. Together, these and other vanguard institutions have affirmed animal law’s place in a holistic curriculum. Animal law education is also thriving outside of the classroom. To date, the Animal Legal Defense Fund has created a network of over 200 student chapters at different universities to connect student advocates and advance animal legal education. In its collaboration with the Center for Animal Law Studies, it also hosts the annual Animal Law Conference, which has just celebrated its 27th year, making it the longest running of its kind. Other conferences have been created to meet this rising demand. Also working outside the halls of academia, most of the country’s state bar To date, the Animal Legal organizations feaDefense Fund has created a ture dedicated aninetwork of over 200 student mal law sections. As chapters at different universithe national level, the American Bar ties to connect student Association boasts advocates and advance two active animal animal legal education. law committees of its own. Through conferences, symposia, webinars, and more, these organizations are expanding the number of opportunities to educate lawyers, advocates, and others outside the physical classroom.

Australia

With the Australian Capital Territory having enshrined animal sentience into its law in late 2019, Australia stands at the forefront of animal protection legislation. The history of formal animal law education in the country dates back to 2005, when the University of New South Wales offered the nation’s first animal law elective. Today, 16 of Australia’s 38 law schools feature animal law in their curriculum. Like with the US, the regularity of these offerings varies by institution; however, the number and frequency of animal law courses promises to increase as the field continues to gain critical attention. Currently, the vast majority of animal law offerings come in the form of general survey courses that address complex animal law issues in the farming, wildlife, cruelty, research, and property contexts, among others. Although clinical opportunities are not yet part of the terrain, adding depth and complexity to this landscape is the University of Melbourne’s new comparative animal law and policy course, which scrutinizes modern-day animal protection issues from the US and Australian perspectives. Working to further develop this field is the animal protection institute Voiceless. An early leader in this space, Voiceless has cultivated a plethora of animal law resources and expertise to educate and empower instructors, scholars, and advocates. In addition, the organization hosts an annual animal law workshop and highlights the field’s significance at leading institutions, such as with its contributions to Bond University’s Professional Legal Education Conference in 2020.

India

India has long been heralded as a global leader in animal protection. For decades its constitution has required citizens to demonstrate compassion for living creatures. High courts in multiple states have affirmed the personhood status of all animal species, thereby laying the potential for animals to see litigation brought in their names. Despite these momentous advancements, few law schools in India feature animal law in their curriculum. Rather, the interests of animals are often confined to environmental law departments, where discussions usually center on conservation, habitat, and biodiversity issues as opposed to animal welfare concerns.

While the exact number of animal law courses taught in the country is difficult to pinpoint, animal law electives have begun to emerge. A course devoted to animal welfare law is now part of the regular curriculum at Jindal Global Law School. Although similar offerings may be few and far in between, India has just witnessed the development of its very first animal law program. Launched at the National Academy of Legal Studies and Research (NALSAR) in Hyderabad in 2018, the Animal Law Centre offers a post-