Agriculture Law Commons^™

Animal Cruelty Laws And Factory Farming, Joseph Vining

Michigan Law Review First Impressions

“Should laws criminalizing animal abuse apply to animals raised for food?” The answer is yes, and yes especially because farm animals are generally now under the control of business corporations. State and federal criminal law have proved critical in modifying corporate policy and practice in other areas, a current example being worker safety. Criminal liability today would include criminal liability of the corporate entity itself, and would thus also introduce the most effective regulation of individual handling of farm animals—regulation by the corporation, which has methods and resources public agencies cannot match. We have a background public policy of humane …

One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton

Michigan Law Review First Impressions

The lawsuit pitting the New Jersey Society for the Prevention of Cruelty to Animals against the New Jersey Department of Agriculture brings into sharp focus the issue of animal rights versus animal welfare that has been dividing animal activists, farmers, and society for decades. On one side are proponents of animal rights—a set of rights articulated by humans but granted to animals to govern how we treat them. For many believers this includes the right not to be owned and certainly not to be eaten. On the other side are proponents of animal welfare—also a set of human derived standards …

A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt

Michigan Law Review First Impressions

“I need the public to understand that my office takes all cases involving animal cruelty very seriously . . . [and i]t doesn’t matter whether the mistreated animal is a beloved family pet or a cow at a slaughterhouse. Unnecessary cruelty will not be tolerated and will be prosecuted to the fullest extent allowed by law.” San Bernardino County District Attorney Michael A. Ramos (February 15, 2008) One morning in January 2008, images of horrific animal cruelty were blasted by Internet, television, and print media throughout the country. The story was all the more shocking in that the animals at …

A Prairie Perspective On Global Warming And Climate Change: The Use Of Law, Technology, And Economics To Establish Private Sector Markets To Compliment Kyoto, Ronald C. Griffin

Journal Publications

We are in the midst of an environmental calamity that few perceive as grave. The climate is changing. Civilization is suffering. One person can do little to cope with these problems on a global scale. But farmers can do something about their farming operations to contribute less to climate change.

Today, two percent of the population feeds us. With mechanical advancements, new farm machinery, innovative practices, products, commodities, securities, and markets folk can do something to reward farmers for their efforts to slow the pace of climate change.

Farms And Ecosystem Services, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Over the past decade two themes have emerged as organizing principles in natural resources policy. One, ecosystem management, builds a framework for landscape–level decision making (Christensen et al. 1996). The other, ecosystem services, opens a new dimension for thinking about what we hope to achieve through ecosystem management (Daily 1997; Costanza et al. 1997). The convergence of these two themes has become a driving force behind the concept of agricultural multifunctionality, the idea that farms can have multiple outputs—not just commodities—and thus can contribute to several societal objectives simultaneously (Jordan et al. 2007; OECD 2001).

The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James C. Smith

Scholarly Works

In Part I of this Article, we apply the Coase Theorem and its most useful corollary to the problem of pollen drift. We conclude that the liability of pollen polluters should be governed by balancing rules against nuisance law, to be applied on a case-by-case basis, rather than by a blanket liability or immunity rule. We also conclude that truly bystanding non-GMO farmers should have a viable defense to patent infringement because liability would result in the application of a reverse Pigovian tax that cannot be justified under accepted economic theory. Only a contextual approach can account for the wide …

The Polluter Pays Principle In Canadian Agriculture, Marie-Ann Bowden

Oklahoma Law Review

No abstract provided.

The Polluter Pays Principle In European Community And Its Impact On United Kingdom Farmers, Michael Cardwell

Oklahoma Law Review

No abstract provided.

Safe Air For Everyone V. Meyer: Weeding Through The Resource Conservation And Recovery Act's Definition Of Solid Waste, Katherine E. Senior

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz

UF Law Faculty Publications

As far back as David Ricardo's shattering insight as to comparative advantage in 1817, agriculture has enjoyed special favor in trade. The unique place of farming was so well established by the time the 1947 General Agreement on Tariffs and Trade ("GATT") was negotiated that GATT's tight disciplines on government interference with free trade not only exempted government protections to growers, but in fact were drafted to be fully consistent with the agricultural policies of the major signatories. While it would be an exaggeration to argue that GATT' s first half century was without impact on agricultural benefits, the sector …

Borden Ranch Partnership V. U.S. Army Corps Of Engineers: A Barge In A Bucket - May Isolated Wetlands Be Considered Navigable Waters Under The Cwa, Adam Gerber

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White

Publications

No abstract provided.

Agenda: Coalbed Methane Development In The Intermountain West, University Of Colorado Boulder. Natural Resources Law Center

Coalbed Methane Development in the Intermountain West (April 4-5)

306 p. : ill., maps ; 28 cm

"July 2002"--Cover

Proceedings of a conference held April 4-5, 2002

Listed as no. 28 in the Research Report Series on the NRLC Recent Publications list

Includes bibliographical references

Contents:

Coalbed methane development in the Intermountain West : a primer / Gary Bryner -- Coalbed methane development in the Intermountain West : case studies. Coalbed methane in the San Juan Basin of Colorado and New Mexico / Catherine Cullicott, Carolyn Dunmire, Jerry Brown, Chris Calwell ; Coalbed methane development in Wyoming's Powder River Basin / Diana Hulme -- Keynote address / Rebecca Watson …

Sustainable Agriculture: Do Gmos Imperil Biosafety?, Lakshman D. Guruswamy

Indiana Journal of Global Legal Studies

No abstract provided.

Agriculture And The Environment: Three Myths, Three Themes, Three Directions, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on agri-environmental policy from these myths, the discussion of goals and policy instruments will remain mired.

Information Based Regulation And International Trade In Genetically Modified Agricultural Products: An Evaluation Of The Cartagena Protocol On Biosafety, Michael P. Healy

Law Faculty Scholarly Articles

This Article considers the regulation of international trade in genetically modified agricultural products. Specifically, it addresses both products released into the environment as seeds and products intended for consumption as food. The first part of the Article describes the significance of genetically modified organisms (GMOs) in modem agriculture, especially agriculture in the United States. This discussion summarizes the risks and potential benefits associated with the use of agricultural GMOs, especially the risks and benefits related to biodiversity. The Article then briefly describes the approaches to the regulation of these products adopted in the

Cartagena Protocol to the Convention on Biological …

Introduction: Syncopated Sustainable Development (Sustainable Development, Agriculture, And The Challenge Of Genetically Modified Organisms Symposium), John S. Applegate, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Indiana Journal of Global Legal Studies

No abstract provided.

Biotechnology And Agriculture: The Common Wisdom And Its Critics, Mark Sagoff

Indiana Journal of Global Legal Studies

No abstract provided.

Trends. The Psycho-Politics Of Foot In Mouth On Foot In Mouth: Pigs, Sheep, Cows, Politicians On The Animal Farm, Ibpp Editor

International Bulletin of Political Psychology

This article discusses agricultural policy in the United Kingdom regarding foot and mouth disease of cloven-hoofed animals.

Congress' Failure To Enact Animal Welfare Legislation For The Rearing Of Farm Animals: What Is Truly At Stake?, Jimena Uralde

University of Miami Business Law Review

No abstract provided.

How Free Trade Can Save The Everglades, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon

Animal Law Review

The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land seres more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlaujul 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 southnwestern United States.

Agriculture And The Western Australian Economy : An Input-Output Analysis, Nazrul Islam, Peter Johnson

All other publications

In October 1996 the Office of Policy and Planning in Agriculture Western Australia undertook a collaborative research project on ‘Agriculture in the Western Australian Economy’ with the Economic Research Centre (ERC), University of Western Australia. One of the main objectives of the project was to ensure that the new input-output (I-O) table for Western Australia being produced by the ERC, would incorporate agricultural industries in a manner that corresponded to the different industry programs of Agriculture Western Australia. The resulting 111-sector WA table is based on the national I-O table for 1992-93 and is presented in Volume 2 of the …

Why Targets Of Regulations Do Not Comply: The Case Of Conservation Compliance In The Corn Belt, J. Dixon Esseks, Steven E. Kraft, Edward J. Furlong

Center for Great Plains Studies: Staff and Fellows Publications

This article employs survey data to test hypotheses about Corn Belt farmers’ intentions to apply conservation compliance plans. The data came from winter 1995 telephone interviews with a random sample of 839 farmers in that five-state region who had USDA-approved plans for their high4 erodible cropland For ethical and practical reasons noncompliance was measured indirectly-the respondents’ estimates of the percentage of their peers in the county who would “not apply their plans to any meaningful extent in 1995.” Regression analysis found that, as predicted by deterrence theory, farmers who believed in high probabilities of violations being detected or penalized were …

Lmo's: Treasure Chest Or Pandora's Box, Michael S. Baram

Faculty Scholarship

Biotechnology is beginning to trans- A form agriculture across the globe. After thousands of years of traditional plant and animal breeding, and centuries of mechanization and chemical application, genetic research has opened a Pandora's box of living modified organisms (LMOs) designed to improve the productivity and efficiency of commercial agriculture. A multitude of transgenic crops and animals is now being introduced into commerce by biotechnology companies, and b nations are puzzling out how to appropriate the benefits and manage the risks.

American biotechnology companies and agencies are the leading proponents of using LMOs. They claim that two decades of costly …

Rethinking Proceeds: The History, Misinterpretation And Revision Of U.C.C. Section 9-306, R. Wilson Freyermuth

Faculty Publications

This article provides a careful analysis of the proper scope of the term “proceeds” under Section 9-306. Parts II and III develop a coherent conception of the term “proceeds” by focusing upon the proper interpretation of Section 9-306 in its current form. Part II evaluates the passage of title conception of proceeds in light of the 1972 and 1987 amendments to Article 9 and demonstrates that this conception is fundamentally inconsistent with the economic, value-based conception of proceeds that emerges from those amendments. Using this emerging conception of proceeds, which focuses upon the occurrence of an event that exhausts or …

Public Lands And Agricultural Pollution Symposium Edition: Stormy Weather Over The Management Of Public Lands And The Federal And State Regulation Of Agricultural Pollution: Introduction, Dale Goble

Articles

No abstract provided.

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …

Water Conservation Through Integrated Basinwide Implementation, Steven J. Shupe

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

12 pages.