Farming or Food Production: Related Articles

Authorsort descending Article Name Summary
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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

Elizabeth A Overcash Overview of CAFOs and Animal Welfare Measures

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

Elizabeth A Overcash Brief Summary of CAFOs and Animal Welfare Measures

American agriculture has replaced traditional family farms with the large, industrial-like CAFOs, or Concentrated Animal Feeding Operations, that dominate the industry today. The modern agricultural industry, however, has raised many animal welfare concerns. These concerns, in turn, have given rise to ballot initiatives and state legislation regarding these issues.

Kate Paulman See Spot Eat, See Spot Die: The Pet Food Recall Of 2007

This comment explores the reasons behind the contamination and the ensuing recall. The author identifies inadequate domestic regulation as the primary reason behind the contamination and notes these inadequacies permitted pet food distributors and manufacturers to skirt responsibility during the recall. The comment highlights changes instituted in light of the recall and suggests further changes to the FDA and its regulations so that this heartbreaking situation can be avoided in the future.

Aurora Paulsen WELFARE IMPROVEMENTS FOR ORGANIC ANIMALS: CLOSING LOOPHOLES IN THE REGULATION OF ORGANIC ANIMAL HUSBANDRY

For many consumers, farm animal welfare matters. To ensure the well-being of farm animals, consumers often pay premium prices for animal products with humane labels. Because “organic” is an example of a label presumed to convey information about animal husbandry practices, animal products with this label may offer an alternative to products from animals that were raised “conventionally” on large, industrialized farms with minimal welfare protections. The Organic Foods Production Act of 1990 and enacting regulations require that organic animals be able to engage in natural behaviors. However, many of the requirements are general and thus result in significant variations in livestock living conditions, confounding consumer expectations of uniform organic production and high standards for organic farm animal welfare. This Comment discusses the background of organic regulations, including issues with their application in the areas of organic dairy and egg production. Next, this Comment analyzes aspects of organic regulations as applied to organic laying hens and organic pigs. Finally, this Comment suggests ways to make organic regulations more quantifiable and thus more enforceable so organic animals are able to engage in natural behaviors.

Nicholas K. Pedersen Brief Summary of European Animal Welfare Laws: 2003 to Present

After much legislative activity in the 1990s, EU animal welfare initiatives have slowed in recent years. This article briefly discusses the reasons why by pointing to factors such as changing EU membership, costs, and fallout from extremist attacks. It then explores the possible future of the EU animal welfare movement.

Nicholas K. Pederson Overview of European Animal Welfare Laws: 2003 to Present

After much legislative activity in the 1990s, EU animal welfare initiatives have slowed in recent years. This article briefly discusses the reasons why by pointing to factors such as changing EU membership, costs, and fallout from extremist attacks. It then explores the possible future of the EU animal welfare movement.

Lesley A Peterson Overview of Fur Animals and Fur Production

This overview discusses laws concerning fur farming and the trapping of fur animals. It details the historical use of fur as well as an examination of the current international fur trade.

Lesley Peterson Talkin' ‘ Bout a Humane Revolution: New Standards for Farming Practices and How They Could Change International Trade as We Know It

Part I of this Note analyzes the U.S.'s trade obligations under the GATT. Part II discusses the potential ability of various GATT provisions to support a trade measure banning battery cage eggs. Part III discusses the U.S.'s potential ability to create such an animal welfare provision. while upholding its obligations in the Agreements annexed to the GATT. The Note concludes that an appropriately tailored animal welfare measure banning battery cages for hens should be able to survive under the GATT and its annexed agreements.

Sheila Rodriguez The Morally Informed Consumer: Examining Animal Welfare Claims on Egg Labels

Abstract: The labeling of shell eggs fails to reveal the inhumane conditions under which most laying hens are raised in the United States. Most of the eggs sold in major supermarkets come from factory farms. This article examines how the failure to regulate misleading animal welfare claims on egg labels creates a risk that consumers are buying products that they otherwise would not buy. This article explains why, from a moral and a legal standpoint, consumers should avoid purchasing most eggs.

Matthew E. Rohrbaugh It's Eleven O'Clock, Do You Know Where Your Chicken Is? The Controversy Surrounding the National Animal Idenitifiaction System and Its Application to Small and Organic Farmers

Parts I and II track the history and development of the NAIS. Part III introduces the opposition of small and organic farmers to the NAIS, and Part IV explores that opposition. Part V explores legal challenges to the NAIS, and Part VI explores the policy challenges. Part VII examines the USDA's response to small and organic farmers' concerns with the NAIS. Finally, Part VIII suggests possible solutions to small and organic farmers' issues raised by the NAIS.

Renada R. Rutmanis Detailed Discussion: The Rise of Ecoterrorism

This paper examines laws enacted in response to what some politicians see as a trend toward extremism in the name of protecting animals, Congress and several states have passed, or are currently considering passing, legislation setting harsher penalties for those involved in what has now been coined “ecoterrorism” or “agroterrorism.” This paper will examine some of the recently passed laws and legislation and the cases which have interpreted these laws. It will then analyze some of the constitutional issues raised by critics of the new legislation.

Erin Sheley "Live Animals": Towards Protection for Pets and Livestock in Contracts for Carriage

This article maps the current legal and logistical circumstances of animals in transportation, with a focus on commercial airlines and meat industry trucking practices, and proposes novel ways of utilizing the existing common law of contract adjudication to win stronger protections for such animals, even absent the fulfilled dream of statutory reform. In particular, it argues that courts should utilize two well-established doctrines of contractual interpretation--unconscionability and unenforceability as against public policy--to arrive at more humane results for animals.

Craig M Smith Brief Summary of Horse Laws

This article provides a basic introduction to the various laws that deal with horses.