Attorney at Law Magazine interviewed Joyce Tischler, an animal rights lawyer and co-founder of the Animal Legal Defense Fund. Tischler’s contributions to animal law have earned her the title “Mother of Animal Law”. Her work has established legal precedents in the field of animal welfare and protection, and inspired many people to get involved with animal advocacy.
AALM How did you start your career as a lawyer?
JT I worked for Eugene McCarthy, the (unsuccessful), campaign of the Democratic presidential candidate in the summer 1968. For the first time, I debated with men of middle age about the wisdom and necessity of the Vietnam War on the streets in NYC when I was 15. It was great. It was the first time that I had met lawyers who cared about society, and I wanted them to inspire me. It was 11 years later that I realized the “fit” of law with nonhuman animals. I had met Larry Kessenick who was also interested in animal rights. We formed a group of lawyers and law students to meet once a week to discuss the application of law to animals.
AALM : When did you first get interested in animal rights and animal law?
JT I have had strong emotional connections with nonhuman animals since a young age. My instinctively viewed animals as more than just “things” and this special interest followed everywhere. I ran a cat shelter in college. We spayed and neutered cats, provided medical care, and found homes for about 100 of them each year.
Peter Singer, an Australian philosopher, published the first edition Animal Liberation in 1975 when I was in law college. After reading this book, I started to wonder if animals could have legal rights. In my Constitutional Law course, we studied Sierra Club V. Morton and I was moved by Justice Douglas’s dissent. It was so beautifully written, it felt like legal verse. Justice Douglas drew heavily on Professor Christopher Stone’s Should Trees have Standing? law review article. I read it. These three sources of inspiration led me to write a law journal article entitled, Rights for Nonhuman Animals : A Guardianship model for Dogs and Cats. It was published in the 14 San Diego L. Rev. 484 (1977). In that article, i argued that legal rights could be extended to animals. Because dogs and cats are familiar to the majority of Americans, I used them as an example for how rights might be applied.
AALM What are some of the most significant challenges that you have faced when establishing the Animal Legal Defense Fund?
JT : The challenges were not small. I learned everything from the job, including how to handle media, work with the board, and create a budget. I lived on credit cards and our corporate account often had two months of operating income left. Larry Kessenick said we would be a debating group if we did not figure out a way to raise money for this organization. I had to learn how to raise money, something that isn’t taught in law schools. It took us several years to have a steady income that allowed us to hire more staff and bring more lawsuits protecting animals.
AALM Could you describe a case or campaign you worked on that was particularly memorable during your time with ALDF?
JT North Carolina’s N.C. General Laws Sec.19A is an unusual and interesting law that allows civil lawsuits to be filed to stop cruelty. We used this law in late 2004 to sue an elderly couple who kept 500 dogs under horrific conditions. In a separate criminal case, we won a permanent order and the defendants were convicted for cruelty to animals. We were able establish a precedent by extending the appellate process for another two years. The judge had awarded the ALDF all the dogs (330+), but there was no money for the medical expenses and other costs.
Local N.C. residents came out in full force to help these dogs. A building owner offered his vacant building for the dogs to live in. Veterinarians from the community donated hundreds hours to get the dogs healthy again. Petsmart donated kennel and food pallets. People came to our makeshift home every day to feed, socialize, and care for the dogs.
After the final appeal all the dogs had been adopted. Edgar, an older Boston terrier that I adopted, was my soulmate and canine companion.
AALM How can you remain motivated and inspired when faced with setbacks and obstacles?
JT To paraphrase an ancient Jewish religious figure, Rabbi Hillel, who would speak for the powerless if I didn’t? If not now, then when?
AALM What are the most valuable lessons you have learned in your career?
JTLesson 1: I have accomplished a lot because I did not stop to consider that I might fail. I would not have taken on the challenge of building a nonprofit and entering a new area of law if I knew it was going to be so difficult.
Lesson 2: The person who is most fortunate is the one that lives an authentic life. This is when you follow your passions in work. Ignore what your parents tell you to be or do, and listen to that inner voice.
Third lesson: If you create it, people will come. In the beginning, I couldn’t have imagined that animal law would grow to be the huge movement it is today. It is practiced in Europe and many other countries including Australia, New Zealand and Kenya. You can get the ball rolling but it takes a lot of people to make a movement.
AALM How and why did you decide to become a teacher after practicing law?
JT In early 2019, I retired from ALDF and jumped at an opportunity to teach animal laws full-time at Lewis & Clark Law School’s Center for Animal Law Studies (CALS). CALS is unique. CALS is unique. We offer 25 different animal law courses. In addition to our JD, we are building an online and in-person Animal Law LL.M. The program is available in both an online and on-site format. There are also student support groups, Animal Law Review law journals, and a conference annually for attorneys and students who are interested in animal laws.
CALS/Lewis & Clark students come specifically to the school to study animal laws. Students come to us from all over the U.S. as well as from around the world. I never imagined how much I’d enjoy teaching. I love working with students and helping them grow their knowledge of the law, as well as the problems animals face, and how to use the law creatively to provide greater protection. It makes me happy to know that my students will become lawyers and achieve great things.
AALM What would surprise your colleagues to know about you?
JT I have been a part of a small group that met every Wednesday night to read Shakespeare out loud for 25 years. We all shared a love of Shakespeare and its language. We would play out the roles and sometimes we would argue about who wrote those plays. We became close friends and celebrated each other’s births, watched our children grow and mourned the deaths of others. Some of the plays were read more than once.
Do you have any regrets about your career?
JTMaking errors is inevitable. It’s the only way we can learn. It’s true that I sometimes wish I made fewer errors, but I can’t change the past.
AALM : Anything to add?
JT: If attorneys and law students are interested in getting involved in animal law or learning more about our work and programs at the Center for Animal Law Studies, you can reach me at [email protected]. You can also help us expand our programs by making a donation to CALS.
The article Joyce Tischler, the Mother of Animal Law first appeared on Attorney at Law Magazine.