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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Tuesday, April 24, 2018

Ninth Circuit: Monkey satisfies Article III, but lacks statutory standing under Copyright Act

Talking about a monkey owning selfies as a claim sounds silly, but the basic constitutional standing argument the panel finds questionable isn't. Following links, the case cited left open the idea of Congress granting statutory standing to animals (e.g., to protect their rights under law) via their advocates. The subject criteria of Art. III (such as statutory claims) leaves that open. Douglas was right back in the day there. More widely, I think, if a corporation can be a legal "person," a monkey can be. A cat is more of a natural person than Hobby Lobby. Likewise, if ships, property etc. can be "sued" and sue, why not (legally) animals? ETA: Michael Dorf has more here.


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Thanks for your .02!