Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Talkin' Bout a Humane Revolution: New Standards for Farming Practices and How They Could Change International Trade as We Know It | Lesley Peterson | 36 Brook. J. Int'l L. 265 (2010) |
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. |
| The Morally Informed Consumer: Examining Animal Welfare Claims on Egg Labels | Sheila Rodriguez | 30 Temp. J. Sci. Tech. & Envtl. L. 51 (2011) |
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. |
| 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 | Matthew E. Rohrbaugh | 32 Vt. L. Rev. 407 (2007) |
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. |
| Detailed Discussion: The Rise of Ecoterrorism | Renada R. Rutmanis | Animal Legal & Historical Center |
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. |
| "Live Animals": Towards Protection for Pets and Livestock in Contracts for Carriage | Erin Sheley | 3 J. Animal L. 59 (2007) |
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. |
| Brief Summary of Horse Laws | Craig M Smith | Animal Legal & Historical Center |
This article provides a basic introduction to the various laws that deal with horses. |
| Detailed Discussion of Horse Related Legal Issues | Craig M Smith | Animal Legal & Historical Center |
This detailed discussion provides an overview of horse related legal issues, focusing primarily on horse slaughter, wild horses, and horse cruelty. |
| A Proposal to Regulate Farm Animal Confinement in the United States and an Overview of Current and Proposed Laws on the Subject | Elizabeth R. Springsteen | 14 Drake J. Agric. L. 437 (2009) |
This article will outline the farm animal confinement laws that have passed, the ones that have been brought in front of various legislatures but not passed, and give examples of the ones pending in front of state legislatures across the country. It will then discuss how animal agriculture can inform the public on these issues so that a regulatory system may be adopted that considers the health and welfare of the animals, but also allows for flexibility due to changing scientific developments and accepted animal husbandry practices. |
| You Are What Your Food Eats: How Regulation Of Factory Farm Conditions Could Improve Human Health And Animal Welfare Alike | Anastasia S. Stathopoulos | 13 N.Y.U. J. Legis. & Pub. Pol'y 407 (2010) |
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. |
| Why Can't I Know How The Sausage Is Made?: How Ag-Gag Statutes Threaten Animal Welfare Groups And The First Amendment | Daniel L. Sternberg | 13 Cardozo Pub. L. Pol'y & Ethics J. 625 | 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. |