Article
46 Mitchell Hamline L. Rev. 129 (2019)

The Standing Dead: An Analysis of Nonhuman Personhood in U.S. Jurisprudence

By
Morgan Voight

The United States Declaration of Independence states that “all men . . . are endowed by their Creator with certain unalienable Rights.” But should any such rights extend to nonhuman entities? This paper argues that a proper allocation of an entity’s rights derives from the entity’s value to humanity. Part II provides an overview of the history and substance of natural and legal rights. Part III explores the U.S. Supreme Court’s holdings with regard to the rights and “personhood” of nonhuman entities, specifically focusing on corporate and environmental entities. Part IV proposes a model of rights allocation which applies the legal theories of corporate rights to environmental entities, taking into account such entities’ value to humanity.