David Favre is one of the pioneers of Animal Law going back to the 1970s. He’s taught, lectured and written about Animal Law, has served on the board of ALDF, is the “go-to” expert for media inquiries. He developed and is the Editor-in-Chief of the Animal Legal & Historical Center, an online “repository of information about animal law, including: over 1200 full text cases …, over 1400 US statutes, over 60 topics and comprehensive explanations, legal articles on a variety of animal topics and an international collection.”

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“… we were in the midst of a near decade long litigation with the USDA of the appropriateness of the Animal Welfare Act regulations which set out the requirements for great ape “psychology well-being”. This results in the D.C. Court of Appeals case of ALDF v. Glickman, 154 F.3d 426 (1998) which, for the first time, provided a path for citizens to obtain standing under the AWA.”

  1. Were you involved in animal law/policy/advocacy in 1995?
    • I was on the Board of Directors of the Animal Legal Defense Fund as the treasurer.
  2. What were you doing?
    • ALDF was developing its three-prong strategy: increasing awareness of Animal Law in Law Schools, helping prosecutors bring anti-cruelty cases, and filing litigation. In particular we were in the midst of a near decade long litigation with the USDA of the appropriateness of the Animal Welfare Act regulations which set out the requirements for great ape “psychology well-being”. This results in the D.C. Court of Appeals case of ALDF v. Glickman, 154 F.3d 426 (1998) which, for the first time, provided a path for citizens to obtain standing under the AWA.
    • I was also the Dean of the MSU College of Law at this time, diverting much of my energy.
    • Volume one of the Animal Law Review, through the good work of the students at Lewis & Clark Law School, came out that year and I had the honor to write the first article of the first volume. That year found me making my first presentation on the possibility of chimpanzee rights at Duke Law School, where Professor Bill Reppy was a quiet voice for animal issues at a top law school. That year also was when Steve Wise and I started to write a join law review article on chimpanzee rights. While the article did not get published, it was the project that jump started our thinking about how to make a scholarly argument for animal rights. I began the drafting of an article Some Thoughts on Animal Experimentation, which is published the next year in the Animal Law Review.
    • I was still very involved with the international treaty CITES (Convention for the Protection of Animal). During that year I hosted a two week visit by an attorney from Ghana in order to draft domestic legislation for implementation of CITES. (Alas, it was never adopted as the President’s wife had some problem with it.) 
  3. What were the major issues in 1995?
    • The first issue of Animal Law Review contained articles dealing with: animal patenting, bear baiting , animal rights v. religion, pet theft and the impact of Navy sonar activities on dolphins (still an issue). The use of the leghold trap was in the news, with the video of an inept trapper shooting five times to kill a wolf in a leg hold trap. At the same time there was positive excitement about the release of two wolf packs into Yellowstone National Park.  
  4. What are the positive developments in last 25 years in animal law, policy or welfare?
    • In the past 25 years the role of companion animals in the lives of millions of humans has increased significantly resulting in new laws in the area of trust and divorce that acknowledge the legal existence of companion animals.
    • CITES continues to be a functional treaty seeking to protect endangered species. The elephant and rhino saw an explosion of illegal trade, but more recently some real progress has happened to bring this under control.
    • Social awareness of the intelligence and complexity of animals is growing as science provides increasing information.
    • The ballot initiative has become a potent tool to deal with farm animal issues by allowing the adoption of laws that could not get through the legislature.
    • The Link became an important tool for raising awareness in the world of police and prosecutors about the important of dealing with animal cruelty cases, particularly when done by juveniles.
    • The full rejection of dog fighting as socially acceptable, arising out of the Michael Vick story.
  5. What are the negatives?
    • Court awarded damages for harm to companion animals remains stuck in the property mode.
    • The industrial farm animal systems developed in the United States are being spread around the world.
    • The dysfunction of the U.S. Congress has resulted in a near freeze of important animal issues and amending the Animal Welfare Act.
  6. What did we learn in the last 25 years?
    • Well, if by we you mean the animal movement, we came to understand how important it is to provide positive education to the public about animals, as individual beings, who have amazing capacities, but are so often treated cruelty for economic gain or ignorance.
    • That getting legislation though the U.S. Congress is almost impossible where money counts more than votes or passion.
  7. Looking toward the future, what are your predictions for:
    • 10 years (2030)
      • Fundamental change in the industrial agriculture treatment of animals in the U.S. driven by consumer demand and some changes in the law of high population states like California and New York will drive the welfare standards for the entire United States.
      • The restaurant McDonald’s spreads its animal welfare standard for the animals it purchases to the world wide supply chain.
      • A candidate for U.S. president actually gives speeches promoting better welfare for animals, the elimination of using animals in testing, the elimination of the use of primates in research (probably a Democrat, but perhaps from the New Republican party which will arise after President Trump leaves the stage).
    • 25 years (2045)
      • Millions of humans and animals have lost their lives because Global Warming was not addressed by the present day political systems (on a global basis). Cites in Southern Florida and Arizona are abandoned, Kansas can no longer support the raising of corn. The Great Lakes area becomes the hub of food and wine production. Heat and drought make raising meat animals very expensive, only for the wealthy or it may be outlawed all together.
      • Animals have received constitutional recognition in most states. Companion animals are fully considered part of the family with humans as guardians.
      • Hunting continues to fade away, trapping by use of leg hold trap is outlawed.
      • Genetic manipulation has created at least one cross between a chimpanzee and a human.
      • The Animal Section of the Michigan State Bar will have passed the 1,000 membership level and holds annual banquets to celebrate the progress of the animal law in the Michigan legal system.

One final thought. A key ingredient keeping a positive direction for the future of the animal human relationship is that of hope. 

The Future

Hope is a force,

Hope is a focus,

Hope is change.

What do you hope?

I hope for us,

I hope for you,

I hope the Wave [of life]

Rolls on.

Strong, vibrant, alive

Full of hope.

DSF ’15 , “Respecting Animals”