A New Age of Animal Law

38 Pages Posted: 19 Jan 2024 Last revised: 6 Mar 2024

See all articles by Jareb A. Gleckel

Jareb A. Gleckel

Cornell University - Law School

Grace Brosofsky

Independent

Cheryl Leahy

Independent

Date Written: July 1, 2023

Abstract

The field of “animal law”—legal advocacy to improve the world for animals—is growing in the United States. To lawyers unfamiliar with animal law, this growth may appear to result from a unified movement and, more fundamentally, to reflect a unified mindset that all of these developments amount to progress for animals. But for lawyers in the field, there is a very real and surprisingly sharp divide between animal welfare proponents, on the one hand, and animal rights proponents, on the other—a divide that influences legal strategy. This Article proposes that, with the rise of plant- and cell-based alternatives for animal products, the rights-welfare divide in animal law will start to collapse, and lawyering will play an even more central role in protecting animals. We do not, like “New Welfarists,” accept that advancements in animal welfare inevitably advance rights for animals. Rather, we believe that lawyers can, based on recent developments in the marketplace, advance animal rights through a careful selection of both abolition- and welfare-focused legal advocacy. This Article explores a combination of legal theory, economic theory, and doctrinal analysis to propose how lawyers can make the biggest difference for animals during this new age of animal law.

Keywords: animal law, economics, legal theory, animal rights, animal welfare, plant-based, cell-based

Suggested Citation

Gleckel, Jareb A. and Brosofsky, Grace and Leahy, Cheryl, A New Age of Animal Law (July 1, 2023). 99 N.Y.U. L. Rev. 25 (2024), Available at SSRN: https://ssrn.com/abstract=4678331

Jareb A. Gleckel (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

Grace Brosofsky

Independent ( email )

Cheryl Leahy

Independent ( email )

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