I received the following email late yesterday describing a new work regarding animal rights and animal welfare. Richard L. Cupp, Jr. is, I believe, spot on in his conclusion that ultimately assigning “rights” to animals in the same sense as humans is a disservice to animals. Take some time to read the full article.

–Jack Carson

The American Agricultural Law Association has announced the 2009 winner of its Professional Scholarship Award. Richard L. Cupp, Jr.’s article, Moving Beyond Animal Rights: A Legal/Contractualist Critique 46 San Diego Law Review 27 (2009), was chosen for the award. Cupp’s article critiques the analogy made by some animal rights theorists between granting rights to animals and granting rights to corporations and to mentally incapable humans. The article documents the rapid expansion of “Animal Law” in United States law schools, and argues that both humans and animals are better served by courts and legislatures focusing on human responsibility for humane treatment of animals than by distorting the concept of legal rights to include animals.

The article may be downloaded without charge here.

Legislation providing new legal protections for Oklahoma farmers and ranchers has been signed into law.

House Bill 1482, by state Rep. Dale DeWitt and state Sen. Ron Justice, would make it illegal to file a “nuisance” lawsuit against any agriculture producer for improving facilities if the farm has been in operation for at least two years.

“This is a common-sense reform that allows Oklahoma farmers and ranchers to maintain and improve barns, pens, storage sheds and other facilities without having to worry that someone will file a frivolous ‘nuisance’ lawsuit,” said DeWitt, R-Braman. “Potential lawsuits – even bogus ones – effectively discourage investment in rural Oklahoma.”

“This law removes a barrier to economic development in rural Oklahoma and gives our farmers and ranchers a little more peace of mind,” said Justice, R-Ch ickasha. “We need to encourage farm improvements and modernization, not penalize it.”

Under the bill, if a lawsuit is ruled “frivolous” by the court, the defendant would be allowed to recover all court costs from the litigant.

“It’s only fair that people who file frivolous lawsuits should pay the full cost of the lawsuit,” DeWitt said.

House Bill 1482 passed the Oklahoma House of Representatives 96-4 and cleared the Senate 40-2. Gov. Brad Henry signed it into law this week.