The debate continues: Is being “too generous” to help animals against public policy?

As most readers are already aware, Leona M. Helmsley left the vast majority of her $4 billion fortune to a foundation to benefit dogs.

The battle is now being waged between people who think the law should either not enforce or somehow restrict a person’s charitable desires and others who believe that a person should be able do with their property as they so desire.

Earlier on this blog, I reported that tomorrow (September 5, 2008) these two opposing sides will debate the issue at a lunch session sponsored by the Hudson Institute’s Bradley Center for Philanthropy.  Panelists will include Prof. Madoff and Prof. Lenkowsky as well as Pablo Eisenberg and Judge Robert H. Bork.  More details of this event are available at http://philanthropy.com/extras.

Adding another voice to the debate is Richard L. Cupp Jr. (Associate Dean for Research and John W. Wade Professor of Law, Pepperdine University School of Law) in his article Now we can provide for a pet’s future, Sacramento Bee, Aug. 17, 2008, at E5.  Here are a few excerpts from his article:

California’s new law ensures that pet owners’ wishes are carried out rather than leaving them to the good faith of an honorary trustee. In effect, the law allows a bequest to pets to be formal and enforceable rather than merely an informal moral obligation.

Such legislation may be ridiculed as promoting nutty eccentricity. Billionaire Leona Helmsley’s will provides an example. * * *

However, most bequests to pets are doubtless not extravagant and reflect a normal, even admirable, concern to ensure that a pet is cared for when the owner is gone. * * *

The ability of most humans to choose whether to act responsibly or irresponsibly entitles us to rights, but it also makes us morally responsible for our treatment of animals, the environment, and, of course, each other. Providing at death for the care of a dependent animal under our control is one of our responsibilities as humans. * * *

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing Prof. Cupp’s article to my attention.