Farming or Food Production: Related Articles

Author Article Namesort ascending Summary
Anastasia S. Stathopoulos You Are What Your Food Eats: How Regulation Of Factory Farm Conditions Could Improve Human Health And Animal Welfare Alike

Part I of this Note discusses the current conditions on factory farms, including the suffering endured by the animals, the unsanitary and crowded conditions, the unwholesome contents of animal feed, and the drugs regularly administered to the animals. Part II describes how those conditions pose significant health risks for humans who consume factory-farmed meat and dairy products, including threats of antibiotic resistance, bacterial infections, cancer, heart disease, animal-origin influenza, and mad cow disease. Finally, Part III proposes six specific on-farm regulations that could drastically reduce such risks and explores whether the proposed regulations could be enacted by the FDA under the existing regulatory scheme.

Daniel L. Sternberg Why Can't I Know How The Sausage Is Made?: How Ag-Gag Statutes Threaten Animal Welfare Groups And The First Amendment The purpose of this Note is to investigate this clash and analyze the constitutionality of the five Ag-Gag statutes that specifically target surreptitious investigative techniques. Part I provides an overview of these state Ag-Gag statutes enacted around the United States. Part II summarizes the first constitutional challenge to an Ag-Gag statute - Animal Legal Def. Fund v. Hebert, which is pending in the U.S. District Court for the District of Utah. Part III analyzes the constitutionality of the provisions of Ag-Gag statutes that (a) provide a cause of action for civil restitution for the actual and consequential damages resulting from a violation of the statutes; or (b) implicate third parties by triggering state criminal laws such as aiding and abetting or conspiracy. Finally, Part IV summarizes the author's conclusions about the extent to which the First Amendment shields journalists and newsgathering organizations from prosecution under an Ag-Gag statute.
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.

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.

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.

Song Wei Traditional Chinese Culture Poses Difficulty For New Animal Welfare Laws

This article considers the present attitude of many Chinese toward animals and how it will pose difficulties for the adoption of new Animal Welfare laws.

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.

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.

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.

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.

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.

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.
Song Wei The Attitude Towards and Application of Animals in Traditional Chinese Culture

A comprehensive consideration of the role of animals in the cultural development of China,

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.

Rebecca F. Wisch Table of State Humane Slaughter Laws

This table presents an overview of state humane slaughter acts. It includes an examination of the legal methods of slaughter, religious/ritual exemptions, the animals covered, and the penalties for violation.

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.

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.

Amanda Winalski SHOCKED, HORRIFIED, SICKENED: HOW CIGARETTES (AND THE LESSONS FROM THE TOBACCO LITIGATION) CAN TAKE YEARS OFF ANIMAL-BASED FOOD INDUSTRIES Animal-based food industries—meat, egg, and dairy—have a history of opposing even relatively minor attempts to reduce human consumption of animal-based foods. In the face of growing evidence that eating meat, eggs, and dairy is detrimental to human health, these industries and their supporters maintain the opposite: that these foods are essential for a healthy diet and have no negative impact as normally consumed. Recognizing parallels between animal-based food industries and another industry heavily invested in maintaining the notion that its product was benign as normally consumed, this Article argues the tobacco litigation saga holds instructive lessons for combatting the current animal-based food industries. This Article, using the Hallmark slaughterhouse suit as a case study, illustrates how plaintiffs can deploy key strategies that prevailed against the tobacco industry—whistleblowing, fraud claims, government involvement in litigation, and identification of negatively impacted children. Finally, this Article outlines the potential developments that would deepen the parallels between the animal-based food and tobacco industries, suggesting conditions under which the litigation strategies used against the tobacco industry would become increasingly applicable and valuable.
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.

Peter Stevenson, Daniela Battaglia, Carmen Bullon, Arianna Carita Review of animal welfare legislation in the beef, pork, and poultry industries This study aims to give an overview of the legal framework that applies to animal welfare in the EU and a group of non-EU countries. It focuses specifcally on beef cattle, pigs, broilers (the chickens reared for meat) and egg-laying hens while they are on the farm, in transit and at slaughter. Animal welfare standards of four international organizations, as well as a number of private standards established by major food businesses and animal welfare organizations are also analyzed.
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.

Rachel Pemberton Overview of Wildlife Services This overview describes the role and function of Wildlife Services within the USDA. It briefly outlines the creation of the agency as the body that administers the Animal Damage Act of 1931. The document then outlines the methods of control of livestock, including lethal and non-lethal methods. Concern over two particular methods of wildlife control - "denning" and use of M-44 cyanide capsules - are included and how animal welfare organizations have responded to the controversy. Finally, the paper concludes with a description of the progress several counties in California have made to control damage by wildlife without resorting to WS policy and control methods.
Bradley Varner Overview of Welfare Concerns of Fish Farms This overview explains welfare issues surrounding commercial fish farms. It then suggests that fish, like other species, must have their basic needs met through recognizing the Five Freedoms.
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.

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.
Paige M. Tomaselli Overview of International Comparative Animal Cruelty Laws

Overview of the comparison between US animal cruelty laws and those in Europe. Specifically, laws of the US, EU, Germany, Norway and Switzerland are addressed. The comparison is based around companion animal and confinement farming laws, transportation and slaughter.

Christen Wiser Overview of Horse Slaughter for Human Consumption

This overview focuses on horsemeat for human consumption, with a special look at its status in the U.S. It details the expiration of the federal "ban" on horse slaughter that existed from 2007 to 2011. Recently, federal appropriations omitted the horsemeat inspection defunding provision, allowing the resumption of horse slaughter in the U.S.

Leana E. Stormont Overview of Hog Farming in Iowa

This article describes the decline of family hog farming in Iowa and how farming has transitioned to an industrial model of swine production.

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.

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.

David S. Turk Overview of Cattle Laws

Overview of cattle laws. Overview touches upon beef cattle, dairy cattle, veal cattle, labeling standards for cattle, cattle used in rodeos, and other commercial uses of cattle.

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.

Laura E. Tsai Overview of Bear Farming and the Trade in Bear Bile

College-level overview of the practice of bear farming in Asian nations, as well as the international trade in bear bile. Discussion of the laws regulating hunting and trade.

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.

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.
David J. Wolfson McLibel

McDonald's sued two defendants in England in 1991 for defamation and lost major portions of the case, including the issue of animal cruelty. Mr. Wolfson discusses the "McLibel" case in relation to cruel common farming practices, and explores the contradiction that common farming practices can be found to be cruel.

David J. Wolfson McLIBEL In 1991, McDonald's sued two pro se defendants in England for defamation in relation to, among other things, allegations that McDonald's was culpably responsible for cruel common farming practices. The case took seven years and the appeals still continue, Though McDonald's spent over $16 million on legal representation and had significant legal advantages, it lost major portions of the case, including the issue of animal cruelty. Mr. Wolfson discusses the background and holding of "McLibel" in relation to cruel common farming practices, its unique legal context, and the impact of the holding on animal law in general and state anti-cruelty laws in the United States. In addition, he explores the contradiction that McLibel exposes: the fact that a common farming practice can be found to be cruel in the view of a reasonable person while legal pursuant to an anti-cruelty statute.
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.
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.
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.

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.

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.

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.
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
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.
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.
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.
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.

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.