Empirical Animal Law

Justin Marceau is the Brooks Institute Chair and Professor of Law at the University of Denver. A leading scholar and litigator on animal law, free speech, and criminal justice, he authored Beyond Cages (2019) and Truth and Transparency (2023) (with Alan Chen), winner of the Tankard Book Prize. David Dana is Kirkland & Ellis Professor of Law at Northwestern University Pritzker School of Law, where he teaches Animal Law and Climate Law/Policy, and directs the Program on Sustainability and Food and Animal Law. Dana was a litigator at the US Department of Justice and in private practice. Janice Nadler is Nathaniel L. Nathanson Professor at Northwestern University Pritzker School of Law and the American Bar Foundation. She teaches Criminal Law and Food Law/Policy. Her scholarship focuses on compliance with the law, moral character, and the role of law in advancing the status of animals.

• 1. Introduction; Part I. Testing Foundational Assumptions: 2. Incremental Reforms versus Animal Rights: Studying the Impacts of Animal Welfare Laws; 3. Speciesism and the Meat Paradox: New Empirical Studies about Cognitive Bias; Part II. Examining the Carceral Approach to Animal Law: 4. Carceral Animal Law Overview; 5. Race, Class, and the Criminal Prosecution of Animal Crimes; 6. Revisiting the Assumption that Carceral Animal Law Is Helpful; 7. Carceral Animal Law as Affirmatively Harming Animal Protection Efforts; Part III. Messaging Types and Styles in the Realm of Animal Protection: 8. The Role and Potential Role of Protest in the Animal Welfare and Rights Movement; 9. Winning by Losing as an Animal Movement Strategy: An Overview of the Evidence and Open Questions; 10. Empirically Studying Winning by Losing in Litigation; 11. Moral Framing of Animal Protection Messages; 12. Conclusion.