Farming or Food Production: Related Articles

Authorsort descending Article Name Summary
DON'T FENCE ME IN--APPLICATION OF THE UNLAWFUL INCLOSURES OF PUBLIC LANDS ACT TO BENEFIT WILDLIFE The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land serves more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlawful Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southwestern United States.
Alexis Andrews Detailed Discussion of Legal Challenges to Farm Animal Welfare Laws This article explores the legal challenges to farm animal welfare laws. It begins with a discussion of the means by which farm animal welfare laws are enacted. Next, there is a discussion of the means of farm animal confinement that welfare laws are aimed at phasing out of the agriculture industry. Then, it explores the current legal framework at the state and federal level that affords welfare protections to farm animals. The article then explores the organizations and people that bring lawsuits to challenge farm animal welfare laws. There is then a discussion of the legal challenges that are brought to challenge these laws, and an exploration of some example cases. Lastly, this article explores a Supreme Court case regarding a state farm animal welfare law, National Pork Producers Council v. Ross.
Alexis Andrews Brief Summary of Legal Challenges to Farm Animal Welfare Laws This summary introduces the legal challenges to farm animal welfare laws. It begins with a discussion of the means by which farm animal welfare laws are enacted. Next, there is a discussion of the forms of farm animal confinement that welfare laws are aimed at phasing out of the agriculture industry. It touches upon the current legal framework at the state and federal level that affords welfare protections to farm animals. There is then a brief discussion of the legal challenges that are brought to these laws. Lastly, the latest Supreme Court case, National Pork Producers Council v. Ross, is examined.
Alexis Andrews Overview of Legal Challenges to Farm Animal Welfare Laws This overview introduces the legal challenges to farm animal welfare laws. It begins with a discussion of the means by which farm animal welfare laws are enacted. Next, there is a discussion of the forms of farm animal confinement that welfare laws are aimed at phasing out of the agriculture industry. Then, it explores the current legal framework at the state and federal level that affords welfare protections to farm animals. There is then a discussion of the legal challenges that are brought to challenge these laws, and an exploration of some example cases. Lastly, the latest Supreme Court case, National Pork Producers Council v. Ross, is examined.
Taylor Budnick A 'HARE' RAISING LAPSE IN MEAT INDUSTRY REGULATION: HOW REGULATORY REFORM WILL PULL THE MEAT RABBIT OUT FROM WELFARE NEGLECT Rabbits are most commonly perceived as soft, fuzzy, tender, loving, active household pets. However, rabbit meat is growing in popularity among urban farmers, foodies, and chefs alike. The pet rabbit industry is subject to a variety of laws and regulations intended to ensure the humane and proper treatment of these beloved pets. Yet, 'meat rabbits,' which are often the same breed or species as pet rabbits, are often not covered by either the protections that govern the treatment of animals used for meat or the protections that govern the treatment of rabbits as pets or companion animals. The lack of laws and regulations applicable to the meat rabbit industry has led to widely documented inhumane treatment and animal abuse. Such beloved companions deserve the benefits of increased government oversight of rabbit meat production. This Article proposes that, on the federal level, the United States Department of Agriculture inspection of commercial rabbit producers and processors should be mandatory rather than voluntary. States must also play a central role because, given the nature of the rabbit meat industry, it is especially important that any new standards reach small farms and urban farmers, in addition to commercial producers. This Article proposes that state standards use puppy mill laws as guidance, given rabbits' societal status as companion animals. New laws governing the raising of meat rabbits should establish standards for light and ventilation, requirements for environmental enrichment, limits on breeding, and floor space minimums for cages. Such changes will ensure that the rabbit's more typical role as a companion animal is acknowledged, while providing the necessary protection from abuse and mistreatment when rabbits are raised for meat consumption.
David N. Cassuto & Sarah Saville Cassuto & Sarah Saville HOT, CROWDED, AND LEGAL: A LOOK AT INDUSTRIAL AGRICULTURE IN THE UNITED STATES AND BRAZIL Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price to the U.S. and Brazil of remedying these impacts are high, the costs to humans, animals, and the environment by failing to do so is immeasurable.
Henry Cohen Book Review: An American Trilogy: Death, Slavery, and Dominion on the Banks of the Cape Fear River

In this book review, Mr. Henry Cohen reviews "An American Trilogy: Death, Slavery, and Dominion on the Banks of the Cape Fear River" by Steven M. Wise.

Compassion in World Farming Feed Restrictions of Broiler Breeds (UK)

Science based paper on the impact of restricting feed in broiler chickens.(Extensive footnotes)

Compassion in World Farming Leg and Heart Problems in Broiler Chickens

A science based paper exploring how selective breeding has created chickens with leg and heart problems.(Science based footnotes)

Mary W. Craig Just Say Neigh: A Call for Federal Regulation of Byproduct Disposal By the Equine Industry

This article discusses the thousands of foals born each year that are bred for industrial purposes. These foals must then be disposed of as unwanted byproducts of the equine industry. PMU mares are bred to collect urine rich with hormones used in the production of a drug to treat menopausal symptoms. Nurse mares are bred to produce milk to feed foals other than their own. If adoptive homes cannot be found quickly, both industries dispose of their equine byproducts by slaughtering the foals, and sometimes the mares, for profit or convenience. This paper calls for an amendment to the Animal Welfare Act enabling the Department of Agriculture to regulate the PMU and nurse mare farms, and requiring both industries to responsibly dispose of these horses.

Claire Czajkowski DOG MEAT TRADE IN SOUTH KOREA: A REPORT ON THE CURRENT STATE OF THE TRADE AND EFFORTS TO ELIMINATE IT Within South Korea, the dog meat trade occupies a liminal legal space— neither explicitly condoned, nor technically prohibited. As a result of existing in this legal gray area, all facets of the dog meat trade within South Korea—from dog farms, to transport, to slaughter, to consumption—are poorly regulated and often obfuscated from review. In the South Korean context, the dog meat trade itself not only terminally impacts millions of canine lives each year, but resonates in a larger national context: raising environmental concerns, and standing as a proxy for cultural and political change. Part II of this Article describes the nature of the dog meat trade as it operates within South Korea; Part III examines how South Korean law relates to the dog meat trade; Part IV explores potentially fruitful challenges to the dog meat trade under South Korean law; similarly, Part V discusses growing social pressure being deployed against the dog meat trade.
Shannon L. Doheny Free Exercise Does Not Protect Animal Sacrifice: The Misconception of Church of Lukumi Babalu Aye v. City of Hialeah and Constitutional Solutions for Stopping Animal Sacrifice

In 1993, the U.S. Supreme Court upheld a First Amendment religious free exercise challenge brought by a Florida Santerían church in Church of Lukumi Babalu Aye v. City of Hialeah. However, Lukumi may be the most misunderstood legal precedent in recent history. The decision is often cited for the proposition that religious practitioners have a constitutional right to engage in animal sacrifice. This is far from the truth. Lukumi was decided in a unique context, and its holding was not based on the merits of animal sacrifice. This article will demonstrate that Lukumi does not force government to acquiesce to animal sacrifice, or the “litter” it creates.

Coby Dolan EXAMINING THE VIABILITY OF ANOTHER LORD OF YESTERDAY: OPEN RANGE LAWS AND LIVESTOCK DOMINANCE IN THE MODERN WEST In this comment, the author explores the development of open range laws in Oregon and other western states and argues such laws should be abolished or drastically amended. Common law requires ranchers to fence livestock in or face liability for damages caused by strays. However, historical customs and practices of Western states were shaped by vast open lands and sparce populations, leading to open range customs which required a landowner to fence "out" livestock to protect their property. This comment focuses on the case of Dr. Patrick Shipsey, an Oregon landowner convicted of shooting cattle that wandered onto his land. Through this discussion, the viability of open range statutes is discussed and the ongoing debate exposed. Policy alternatives are proposed that reflect modern demographic changes and a re-balancing of the economic and environmental burdens of ranching practices.
Laura Jane Durfee Anti-Horse Slaughter Legislation: Bad for Horses, Bad for Society

Part I of this Note will discuss the domestic horse slaughter industry. It will examine what types of horses are sent to slaughterhouses and by whom, as well as how slaughterhouses operate. Part II will discuss the current state of horse slaughter legislation and the legislative histories that led to the current situation. Part III will discuss the forecast for equine welfare and will explain why the closure of the U.S. equine slaughter industry is detrimental to equine welfare, and Part IV will discuss the negative economic effects that will be felt by the abolition of the domestic slaughter industry. This Note concludes by calling for the repeal of state laws criminalizing the slaughter of horses for human consumption, the reopening of equine slaughterhouses in the United States, and the rejection of the proposed Prevention of Equine Cruelty Act of 2008.

Stephanie J. Engelsman "World Leader" - At What Price? A Look at Lagging American Animal Protection Laws

This paper will begin in showing that the United States has done virtually nothing to ensure that all creatures are free from unnecessary pain and suffering. This paper will then explore what other developed countries have done towards protecting nonhuman animals in the same amount of time. This paper in no way suggests that any of the countries to be discussed have solved the problem of animal exploitation; however it does suggest that many of those countries have at least begun to make a legitimate and concerted effort towards protecting animals from human greed.

Geoffrey C. Evans To What Extent Does Wealth Maximization Benefit Farmed Animals? A Law And Economics Approach To A Ban On Gestation Crates In Pig Production

A law and economics approach in the current animals-as-property realm could be the most efficient way to gain protections for the billions of farmed animals that need them now. The wealth maximization theory allows for this because it recognizes human valuation of nonhuman interests. However, evidence shows that a market failure exists because of the discord between public will and animal industry practices. Where human valuation of nonhuman interests is underrepresented in the market and, therefore, a market fix is needed through legislation, animal advocates should evaluate the legislation’s economic impacts. In the case of a ban on gestation crates, as may be the case elsewhere, legislation may actually prove to be economically efficient, and thus gain the support of those who would not otherwise back such legislation.

Nicole Fox The Inadequate Protection of ANnimals Against Cruel Animal Husbandry Practices Under United States Law

This article looks at available legal protections for all farmed animals, and recommends that Congress enact stricter animal welfare laws.

Zak Franklin GIVING SLAUGHTERHOUSES GLASS WALLS: A NEW DIRECTION IN FOOD LABELING AND ANIMAL WELFARE Modern industrial animal agriculture and consumer purchasing patterns do not match consumers' moral preferences regarding animal welfare. Current production methods inflict a great deal of harm on animals despite widespread consumer preference for meat, dairy, and eggs that come from humanely treated animals. Judging by the premium pricing and market shares of food products with moral or special labels (e.g., 'cage-free," 'free range,' and 'organic'), many consumers are willing to pay more for less harmful products, but they are unable to determine which products match this preference. The labels placed on animal products, and the insufficient government oversight of these labels, are significant factors in consumer ignorance because producers are allowed to use misleading labels and thwart consumers from aligning their preferences with their purchases. Producers are allowed to label their goods as friendly to animals or the environment without taking action to conform to those claims. Meanwhile, producers who do invest resources into more humane or environmentally-conscious production methods are competing with companies that do not make similar expenditures. Those companies can sell their products at a lower price without sacrificing profits, which prices-out producers who do invest resources. This Article proposes a new labeling regime in which animal products feature labels that adequately inform consumers of agricultural practices so that consumers can match their purchases with their moral preferences. In this proposed scheme, animal products would contain a label that concisely and objectively informs consumers what practices went into the making of that item. Such a scheme would enable consumers who wish to pay more for humane or environmentally-friendly products to do so, while rewarding those companies who actually do engage in better production methods. While the legal literature discussing food labeling and animal welfare is growing, most of the literature proposes legal definitions of terms like 'humane,' expansion of consumer protection law, or labeling systems in which third-parties provide grading or ranking systems for producers of animal products. This Article rejects those proposals as inadequate to sufficiently inform consumers and instead suggests providing consumers with a list of select practices producers engage in.
Bruce Friedrich MEAT LABELING THROUGH THE LOOKING GLASS The United States Department of Agriculture (USDA) regulates meat labeling under the statutory authority of the Federal Meat Inspection Act (FMIA). The FMIA’s labeling preemption clause prohibits labeling requirements beyond federal requirements, and would thus preclude state causes of action on the basis of deceptive labels that were properly approved under federal law. Through the eyes of Kat, a hypothetical consumer concerned with the origins of the meat she purchases for her family, this Article argues that consumers should be able to pursue state law claims based on fraudulent animal welfare labels on packages of meat. This is true for two reasons: first, the FMIA’s labeling preemption only covers the USDA’s statutory scope of authority, which does not include on-farm treatment of animals; and second, both FMIA and a state cause of action would require the same thing—a non-fraudulent label. However, even if a court did find that a state cause of action based on a fraudulent label was preempted, consumer plaintiffs would have other avenues through which to pursue their claims.
Angela J. Geiman "It's the Right Thing to Do": Why the Animal Agriculture Industry Should Not Oppose Science-Based Regulations Protecting the Welfare Of Animals Raised for Food The purpose of this commentary is to respond to the question, “Should laws criminalizing animal abuse apply to animals raised for food?” The simple answer to the question is “yes,” but the reality is not simple. It requires analyzing both the science of raising livestock and the current legal framework, which we must understand before discussing what to require and how to implement those requirements. Continued improvements in the livestock and meatpacking industries and the rising expectations of consumers add to the complexity of the issue.
Jen Girgen STATE ANIMAL USE PROTECTION STATUTES: AN OVERVIEW

Although much attention has been given to the Animal Enterprise Terrorism  Act, a federal statute enacted to deter and punish extra-legal animal rights activism, comparatively little attention has been afforded the various state versions of this law. This Article is an attempt to help remedy this deficit. It offers a comprehensive overview of existing state animal use protection statutes and describes legislative trends in this area.

Eden Gray Changing the Tax System to Effect Humane Treatment of Farm Animals

The meat, egg, and dairy industries in the United States slaughter over ten billion land animals each year. The majority of these animals are raised on capital intensive factory farms. Large farming operations use factory farms to cut production costs and thereby increase their profit margins. Although this industrialization of the animal agriculture business reduces monetary costs, it causes immense suffering to the farm animals and raises significant costs to society, including a reduction in the number and profitability of family farms, an increase in the health risks related to meat consumption, a proliferation of damage to the environment, and a rise in threats to farm workers' health. Current federal and state legislation fails to protect farm animals from the cruel, inhumane conditions common on factory farms. This paper discusses changes that could be made to the tax code to provide incentives to farms to treat farm animals more humanely.

Veronica Hirsch Brief Summary of the Biology and Behavior of the Chicken

A brief description of the biology and behavior of the domestic chicken.

Veronica Hirsch Detailed Discussion of Legal Protections of the Domestic Chicken in the United States and Europe

A detailed discussion of the state and federal laws that currently offer protection to the domestic chicken, whether used for food production, as pets or as research animals. The paper examines laws in the United States, Europe and New Zealand.

Veronica Hirsch Overview of the Legal Protections of the Domestic Chicken in the United States and Europe

An overview of the state and federal laws that currently offer protection to the domestic chicken, whether used for food production, as pets or as research animals. The paper examines laws in the United States and Europe.

Veronica Hirsch Brief Summary of the Legal Protections of the Domestic Chicken in the United States and Europe

A brief summary of the state and federal laws that currently offer protection to the domestic chicken, whether used for food production, as pets or as research animals. The paper examines laws in the United States, Europe and New Zealand.

Cynthia F. Hodges Detailed Discussion of the Humane Methods of Slaughter Act

The Humane Methods of Slaughter Act (HMSA) is federal legislation that requires that only humane methods of slaughtering and handling livestock in connection with slaughtering be used. Before being shackled, hoisted, thrown, cast, or cut, livestock animals must be rendered insensible to pain by being gassed, electrocuted, or shot in the head with a firearm or captive bolt stunner. HMSA does not apply to birds or animals killed in ritual slaughter, and lacks a general enforcement provision.

Cynthia Hodges Brief Summary of the Humane Methods of Slaughter Act (HMSA)

This article gives a quick summary of the Humane Methods of Slaughter Act (HMSA). The Act requires that humane methods of slaughtering and handling livestock in connection with slaughter be used. Livestock animals, such as cattle, calves, horses, mules, sheep, swine, and goats, must be rendered insensible to pain before being shackled, hoisted, thrown, cast, or cut.

Michelle Hodkin When Ritual Slaughter Isnt Kosher: An Examination of Shechita and the Humane Methods of Slaughter Act

Kosher slaughter, or shechita as it is called in biblical Hebrew, is so humane that when performed as intended by Jewish law, the animals don’t even feel the cut before dying. Even in modern times and by modern standards, experts have agreed that the shechita method as outlined in Jewish law is humane, and unconsciousness normally follows within seconds of the throat cutting. So how does one reconcile these truths with the video released by PETA of the practices occurring at the AgriProcessors plant in Postville, Iowa? What follows are my own conclusions to that troubling question, and my recommendations to improve the lives and deaths of cows at kosher slaughterhouses.

John T. Hollerman In Arkansas Which Comes First, the Chicken or the Environment?

This article looks at the effect of Arkansas' extensive poultry industry, which operates without regulation, on the environment, wildlife, fish and water quality.

Lisa Johnson ENVIRONMENTALLY FRIENDLY RANCHING? AN INTERVIEW ON THE HIGH DESERT The following is an interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef, a cooperative organization that his wife, Connie, helped start in 1986. Doc was on his cell phone while we talked, as he and Connie were on their way to Portland from their High Desert Ranch in Brothers, Oregon to give a talk to an agricultural group. Connie was driving while Doc and I spoke. They have a rule against driving and talking on the phone at the same time. I agreed that was probably a good policy.
Michelle Johnson-Weider From Factory Farming to A Sustainable Food System: A Legislative Approach This Article explores the true costs of widespread industrialized agricultural practices in the United States (“U.S.”), particularly the most egregious of those practices—concentrated animal feeding operations (“CAFOs”). For nearly a hundred years, the United States has used federal policy and taxpayer dollars to support agricultural practices focused on high yields and cheap animal-based protein. As a result, the United States is reaping a harvest of toxicity: drinking water contaminated with cancer-causing nitrates and cyanobacteria, untreated animal sewage flooding across watersheds and adulterating crops, and dead zones in the Gulf of Mexico and the Chesapeake Bay that cost state fishing and tourism industries hundreds of millions of dollars in lost revenues. Society picks up the true cost of “cheap meat” while industrialized agriculture thrives in a seemingly endless stream of federal support. It is long past time for a change. This Article proposes legislation that would leverage the power of the federal government to promote sustainable agricultural practices to reduce and eventually reverse the devastating health, economic, and environmental impacts of industrialized agricultural production.
Rakhyun E. Kim Dog Meat in Korea: A Socio-Legal Challenge

This article explores the dog meat debate in Korea from a socio-legal perspective. It first examines the legal status of dogs and dog meat, and the legal protection for dogs under the old and new legislative frameworks. It then discusses socio-legal challenges to banning dog meat in the Korean context, employing examples of both legal approaches taken by other countries and the politics of dog meat in Korea, specifically. The article argues that the controversy over dog meat must be reframed and dog meat be socially redefined in order to protect dogs, which are currently caught in the conflict over their socio-legal status as companion and livestock animals.

George Kimbrell & Paige Tomaselli A “FISHEYE” LENS ON THE TECHNOLOGICAL DILEMMA: THE SPECTER OF GENETICALLY ENGINEERED ANIMALS

One year ago, the United States Food and Drug Administration (FDA) proposed approval of the first genetically engineered (GE or transgenic) animal for food production—a salmon engineered to grow much faster than normal using genetic material from an ocean pout. Faced with concerns from scientists and the public that these “super” salmon will escape into the wild and be the final blow to wild salmon, proponents crafted a scheme that is half Michael Crichton, half Kurt Vonnegut: The engineered salmon eggs will begin life in a lab on a frozen Canadian island, then be airlifted to a guarded Panamanian fortress, where they will grow in inland tanks. After the fish reach maturity, the company will ship them back to the U.S. and sell them in grocery stores, likely without any labeling. Unfortunately, this is not a bad science fiction novel. How did we get to this juncture, the brink of this approval? This Essay is a snapshot of GE animals through the lens of the first one proposed for commercial approval.

Caroline L. Kraus Religious Exemptions -- Applicability to Vegetarian Beliefs

This Note analyzes the likelihood that vegetarian beliefs will satisfy the requirements necessary to secure a religious exemption under the backdrop of New York's mandatory vaccination law, Public Health Law section 2164, and the accompanying case law. The author then presents a hypothetical challenge to 2164 by vegetarian parents, outlining arguments that might be brought by both sides. In the end, the author determines that the most practical approach for the courts to follow would be to adopt a broad definition of religion encompassing vegetarian beliefs, while stressing the sincerity of belief inquiry to weed out individuals not truly deserving of exemption.

Kyle H. Landis-Marinello The Environmental Effects of Cruelty to Agricultural Animals In his article, Landis-Marinello argues laws criminalizing animal abuse should apply to the agricultural industry. He further argues that when the agricultural industry is exempted from these laws, factory farms increase production to unnaturally high levels. This increased production causes devastating environmental effects, such as climate change, water shortages, and the loss of topsoil. In light of these effects, Landis-Marinello argues, the law needs to do much more to regulate the agricultural industry, and the first step should be to criminalize cruelty to agricultural animals. This would force the industry to slow down production to more natural levels that are much less harmful to the environment.
Kelly Levenda LEGISLATION TO PROTECT THE WELFARE OF FISH This Article examines the marginalization of fish under current animal welfare laws and regulations, explores the treatment of farm-raised fish during transport and slaughter, and proposes legislation and regulations in these two areas. While evidence indicates that fish are capable of experiencing pain, fear, and suffering—the traditional considerations informing concepts of animal welfare—current pre-slaughter transport and slaughter practices are completely uninformed by notions of fish welfare. Comparing the cognitive and sensory capacities of fish to other animals currently receiving animal welfare recognition through official regulation, this Article argues that protections afforded to animals during transport and slaughter should similarly apply to fish. Using the World Organization for Animal Health’s Aquatic Animal Health Code as a model, this Article proposes model legislation for fish transport: the Humane Transport of Fish Act. This legislation would supplement regulations already in place at the state and federal level, which currently pertain only to regulating the aquaculture industry and food safety. This Article also proposes amending the “Humane Methods” section of the Humane Methods of Slaughter Act to include the slaughter of fish, and proposes related regulations to ensure that fish are humanely slaughtered. The massive amount of fish farmed in the United States and globally each year speaks to the potential impact formal regulation could have on the improvement and protection of fish welfare.
Melissa Lewis THE REGULATION OF KOSHER SLAUGHTER IN THE UNITED STATES: HOW TO SUPPLEMENT RELIGIOUS LAW SO AS TO ENSURE THE HUMANE TREATMENT OF ANIMALS

It is often argued that one of the most humane methods of killing an animal is through the performance of kosher slaughter. Indeed, the Humane Methods of Livestock Slaughter Act (HMLSA) of 1978 goes so far as to define kosher slaughter, and handling in connection with such slaughter, as humane, and consequently fails to provide any regulation over this method of killing. It is thus concerning that a number of kosher slaughterhouses have, in recent years, been discovered to be using blatantly inhumane practices, which the relevant religious authorities have insisted are completely kosher.

This Article examines the Jewish law concerning kosher slaughter and asks how it is possible for a slaughter that has been performed in an inhumane fashion to remain kosher. The answer, it concludes, is that the religious rules provide little guidance on the handling of animals in connection with slaughter. There thus exists a need for either the religious authorities or the law to supplement the existing religious rules with further requirements aimed at ensuring humane-slaughter practices. After analyzing both comparative law on this issue and the relevant First Amendment considerations, this Article argues that there is a need for Congress to remove the HMLSA’s current exemption of handling in connection with kosher slaughter and for regulations to be passed governing this issue. It makes suggestions as to how such regulations could provide for more humane-slaughter practices in a manner that fails to offend either the Free Exercise Clause or the Establishment Clause of the First Amendment.

Andrew Linzey The Ethical Case For European Legislation Against Fur Farming

In recent years, several member states in the European Union enacted legislation to regulate or prohibit fur farming. This article calls for further action to ban the practice throughout the European Union. The Author notes animals’ inabilities to protect their own interests and the role of law to protect these vulnerable interests. The Author concludes by responding to the objections of fur farming proponents, ultimately finding no legitimate justification for the documented suffering of animals raised on fur farms.

Kamila Lis COALITIONS IN THE JUNGLE: ADVANCING ANIMAL WELFARE THROUGH CHALLENGES TO CONCENTRATION IN THE MEAT INDUSTRY The meat processing conglomerates that currently control the majority of the market share in the meatpacking industry are responsible for its most systemic animal abuses. Increased concentration has enabled these larger processors to dictate animal treatment standards maintained by meat producers, most of whom have caved to economic pressure and moved their animals from small farms into Concentrated Animal Feeding Operations. Animal welfare proponents have failed to adequately challenge the concentration of the meat industry and in 2012 have yet to fully explore strategies made available by the Packers & Stockyards Act of 1921 (PSA). This Article proposes that a coalition between animal welfare activists and small meat producers, who have yet to be absorbed or driven out of business by the meatpacking giants, could effectively attack the concentration of the meat industry. First, animal welfare activists should work with small producers to expose to the public the negative human externalities associated with market concentration, such as intensive farming techniques that directly compromise consumer health. Second, the animal welfare movement should harness its legal experience to encourage small meat producers to pursue PSA-based civil suits aimed at challenging the power of the meatpacking conglomerates.
Jonathan R. Lovvorn & Nancy V. Perry California Proposition 2: A Watershed Moment for Animal Law

This essay explores the legislative and legal campaign to enact California Proposition 2: The Prevention of Farm Animal Cruelty Act, approved by California voters on November 4, 2008. The authors direct the legislation and litigation programs for The Humane Society of the United States, and, along with many other individuals and organizations, were centrally involved in the drafting, campaigning, and litigation efforts in support of the measure.

Howard F. Lyman FREE SPEECH, ANIMAL LAW, AND FOOD ACTIVISM Howard Lyman discusses a case that provides an example of using the law to force activists to use their scarce resources in court to defend the right of free speech.
Jeffrey Moussaieff Masson Natural Behavior

This introduction to Volume 16 is provided by Jeffrey Moussaieff Masson, author of such book as When Elephants Weep, and The Pig Who Sang. to the Moon.

Fatema Merchant Got Organic Milk? "Pasture"-Ize it!: An Analysis of the UDSA's Pasture Regulations for Organic Dairy Animals This article discusses the “access to pasture” issue and analyzes the ambiguity that has lead to widely varied farming practices and finished products. The vague language undermines the goals of the National Organic Program and threatens the integrity of the organic seal. This article suggests ways to clarify the standards and offers alternative solutions to the problems facing consumers, organic food advocates, and farmers because of the vague regulations
Samantha Mortlock Standing on New Ground: Underenforcement of Animal Protection Laws Causes Competitive Injury to Complying Entities

This Article explores competitive injury as a basis for challenging the USDA's failure to enforce the HMSA and AWA. Part I.A provides background on claims that the Acts are both underenforced. Part I.B then introduces the problem of standing in the context of animal welfare lawsuits. Part II.A analyzes Article III standing requirements as applied to a competitively injured plaintiff. Part II.B then analyzes what the Administrative Procedure Act (APA) requires for an injured competitor to bring suit against the USDA for failure to enforce the HMSA and AWA. This Article concludes by suggesting that the HMSA provides the best vehicle for a competitive injury suit against the USDA because Congress has made abundantly clear its desire to see the HMSA fully enforced.

Amy Mosel What About Wilbur? Proposing a Federal Statute to Provide Minimum Humane Living Conditions for Farm Animals Raised for Food Pro

This article proposes federal legislation that would provide minimum standards for the daily living conditions of animals raised for food production.

Marilyn Lee Nardo FEEDLOTS-RURAL AMERICA'S SEWER Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act and proposes that new regulations and stricter enforcement of the current NPDES program are necessary to protect public and environmental health from manure contamination.
Marilyn Lee Nardo FEEDLOTS—RURAL AMERICA’S SEWER Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act and proposes that new regulations and stricter enforcement of the current NPDES program are necessary to protect public and environmental health from manure contamination.
James M. Oleske, Jr. LUKUMI AT TWENTY: A LEGACY OF UNCERTAINTY FOR RELIGIOUS LIBERTY AND ANIMAL WELFARE LAWS Twenty years after the United States Supreme Court’s decision in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, uncertainty reigns in the lower courts and among commentators over the issue of constitutionally compelled religious exemptions. Despite the Court’s general disavowal of such exemptions in Employment Division v. Smith, Lukumi appeared to breathe life into a potentially significant exception to Smith. Under that exception—which this Article calls the “selective-exemption rule”—the Free Exercise Clause may still require religious exemptions from a law when the government selectively makes available other exemptions from that law. This Article addresses the key unresolved questions about the scope of the selective-exemption rule and challenges the broad interpretation of the rule that leading religious-liberty advocates have been pressing in courts around the country. That broad interpretation, which played a prominent role in the recent animal-sacrifice case of Merced v. Kasson and has been further developed in the ongoing Stormans, Inc. v. Selecky litigation over emergency contraception, would go a long way to achieving a de facto reversal of Smith. But while there are credible arguments for reconsidering Smith and its “equal protection” interpretation of the Free Exercise Clause, those arguments should not be advanced through the backdoor of the selective-exemption rule. That rule was adopted as part of the Smith paradigm, and it only makes sense to interpret it within that paradigm. Accordingly, this Article makes the case for a more appropriately tailored reading of the selective-exemption rule—a reading grounded in the rule’s origins as a tool to prevent intentional discrimination, and a reading that would enable the government to enforce animal welfare laws that have only an incidental effect of limiting religious animal sacrifice.
Elizabeth Overcash Detailed Discussion of Concentrated Animal Feeding Operations

This discussion of CAFOs and animal welfare measures introduces CAFOs and the agricultural industry. It then examines the animal welfare, environmental, and human health concerns that have arisen with CAFOs. Finally, the article notes the legislation and ballot initiatives that have been enacted to address these concerns.