Law Commons^™

Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann

Pace Environmental Law Review

This article first explains the background and functions of undercover investigations of agricultural production facilities, and explains the bases upon which states pass laws intended to prevent these investigations. It then gives a background of research already conducted on the constitutionality of Ag-Gag laws, and examines the relevance of the Supreme Court case Alvarez. Based on the analysis provided in Alvarez, the article demonstrates that Ag-Gag laws would not be exempt from heightened First Amendment scrutiny as fraud statutes. Moreover, it demonstrates that, in particular, the Iowa and Utah Ag-Gag laws would not survive the heightened scrutiny outlined in Alvarez.

Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett

Pace Environmental Law Review

Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal …

Origins And Development Of Teaching Animal Law In Brazil, Tagore Trajano De Almeida Silva

Pace Environmental Law Review

This paper examines the strategies utilized on each continent and shows the path made for these scholars to build a framework to discuss animal law within law schools. The conclusion is that this movement produced by such scholars has changed the way law schools are teaching law and is affording new opportunities to solve animal concerns, and likewise, social problems in Brazil and around the world.

Therefore, this article first discusses the philosophical Brazilian background to teach animal law, and how the animal rights movement creates a framework for professors and students working in this field. It then summarily explores …

Using Emerging Pollution Tracking Methods To Address The Downstream Impacts Of Factory Farm Animal Welfare Abuse, Tarah Heinzen, Abel Russ

Pace Environmental Law Review

CAFOs present numerous interconnected ethical, environmental, and public health threats, and this article will discuss opportunities to address the multiple adverse impacts of factory farming through advances in pollution tracking methodologies. The first section will introduce the factory farm issue, and the relationship between its environmental and welfare consequences. We then review approaches to establishing liability for surface and groundwater contamination under existing pollution control laws and describe the unique challenges of using these approaches in the context of CAFO pollution. We then discuss techniques that have been used to more precisely identify sources of pollution, including measurements of a …

Cultural Solipsism, Cultural Lenses, Universal Principles, And Animal Advocacy, Thomas G. Kelch

Pace Environmental Law Review

Given the potpourri of human cultures and the need to take a global view of animal rights advocacy, how can animal rights advocates most efficiently and successfully advocate for animals? This article will address this issue.

First, I will describe and analyze views of the human/animal relationship from five example cultural traditions: Western culture, represented generally by Europe and North America, Indian culture, Chinese culture, South African culture, and Islamic culture, exemplified primarily here by Turkey. It is not asserted here that any of these cultures or countries are homogenous; they are not. Although Western culture is primarily constructed on …

Foreword, David N. Cassuto

Pace Environmental Law Review

The overlap between animal law and environmental law arises because the two disciplines are fundamentally linked. One cannot talk about the environment without also discussing the nonhuman sentient beings that populate it. Indeed, as I shall discuss shortly, one of the most vexing issues for me— as a scholar working in both fields—involves my ongoing attempt to address the historical tension between the two disciplines. This volume of the Pace Environmental Law Review (PELR) marks an important step on the path toward resolving those tensions and moving environmental law forward. That path will not always be smooth, nor will it …

Meat Animals, Humane Standards And Other Legal Fictions, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

Law and food are distinct concepts, though the discipline (Law and Food) implies a relationship worthy of study. The conjunction (“and”) creates meaning. However, its absence also conveys meaning. For example, “meat animal” suggests that animals can be both meat and animal. This conflation has powerful legal implications. National Meat Association v. Harris (2012) makes chillingly plain the law’s indifference to whether a meat animal is alive or dead. This essay examines the way supposedly humane federal practices ignore the systematic brutalization of “food animals” as those animals get processed into marketable flesh. It concludes with some observations about why …