Farming/Fiber/Fur/Food Production: Related Articles

Author Article Name Summary
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.
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.
Carter Dillard FALSE ADVERTISING, ANIMALS, AND ETHICAL CONSUMPTION In light of the fact that today's consumers often want their products to be created in the most environmentally-, globally-, and animal-friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. This article investigates the ways that consumers can protect themselves from false advertising through the use of federal and state agencies, independent review, federal and state courts, and private attorneys general actions.
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 ANIMALS 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.
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 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.
Veronica Hirsch 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 Brief Summary of the Biology and Behavior of the Domestic Chicken A brief description of the biology and behavior of the domestic chicken.
Cynthia Hodges, J.D., LL.M., M.A. Quick 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 Hodges, J.D., LL.M., M.A. 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 ISN’T 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.
Jennifer Kopecko Brief Summary of Horsemeat for Human Consumption This brief summary describes the history of horsemeat consumption, focusing specifically on the U.S. It analyzes the federal "ban" on horse slaughter that occurred in 2007 as a result of changes in federal appropriations. Recently, a change in appropriations brought the slaughter measure to the forefront. The legislative state of horse slaughter for human consumption remains uncertain.
Jennifer Kopecko 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.
Jennifer Kopecko Detailed Discussion of Horse Slaughter for Human Consumption The debate over horse slaughter is a composite of agricultural industry, animal welfare, constitutional, environmental, health, and regulatory concerns. Part II of this paper addresses the history of and cultural taboo ascribed to horsemeat consumption. Part III presents federal and state laws, administrative regulations and guidelines, major court cases, and proposed and pending legislation related to horse slaughter. Part IV describes associated issues, policy, and advocacy resulting from and effecting horse slaughter in the United States.
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.
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.
The Revd Professor 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.
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 USDA’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 Production This article proposes federal legislation that would provide minimum standards for the daily living conditions of animals raised for food production.
Elizabeth Overcash Detailed Discussion of Concentrated Animal Feeding Operations: Concerns and Current Legislation Affecting Animal Welfare 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 Overcash Quick 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.
Elizabeth 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.
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 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.
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 A. Peterson Quick Summary of Fur Animals and Fur Production This brief summary explores the use of animals for fur. It considers the main source of fur (fur farms) and the limited laws that protect fur animals.
Lesley A. Peterson Detailed Discussion of Fur Animals and Fur Production This discussion focuses on fur production from both farmed and wild sources. It details US laws that impact fur, both federal and state, including a discussion on state trapping laws. Laws from countries that are major producers of fur products are analyzed as well as those countries that have imposed bans on fur farming or trapping methods.
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 IDENTIFICATION 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.
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.
Craig M. Smith Detailed Discussion of Horse Related Legal Issues This detailed discussion provides an overview of horse related legal issues, focusing primarily on horse slaughter, wild horses, and horse cruelty.
Professor Song Wei China Case Studies: 5. Water Filled Meat A case study from China about the practice of adding water to animals before they are sold, to increase weight.
Professor Song Wei China Case Studies - 3. Bear Bile from Caged Moon Bears This is a short case study about the issue of using caged bears to extract bile in China.
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.
Elizabeth R. Springsteen A PROPOSAL TO REGULATE FARM ANIMAL CONFINEMENT IN THE UNITED STATES AND AN OVERVIEW OF CURRENT AND PROPOSED LAWS ON THE SUBJECT 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.
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.
Peter Stevenson EUROPEAN UNION LEGISLATION ON THE WELFARE OF FARM ANIMALS European Union (EU) law contains a range of helpful provisions designed to protect farm animals on-farm, during transport and at slaughter. The Treaty on the Functioning of the European Union recognises animals as “sentient beings” and requires the EU and its Member States, when formulating and implementing their policies in certain key areas to pay “full regard to the welfare requirements of animals”. EU law has prohibited some of the worst aspects of industrial livestock production: veal crates have been prohibited from 2007, barren battery cages for egg-laying hens from 2012 and sow stalls (gestation crates) are prohibited (except during the first four weeks of pregnancy) from 2013. This article describes and evaluates the above legislation and indicates the scientific research on which it is based. Nonetheless, EU law has to date only gone part way; substantial and far-reaching fresh legislation is needed before the EU can claim to have a body of law which properly ends the suffering inherent in industrial farming and legislates for a positive state of well-being for farm animals.
Leana Stormont Detailed Discussion of Iowa Hog Farming Practices This paper focuses on the practice of confinement farming of hogs, specifically examining those practices from the state of Iowa. In doing so, the paper outlines the problems associated with confinement farming of hogs, including manure storage, cruel practices, and zoning issues among others. It then concludes with a look at sustainable agriculture practices from the U.S. and Europe.
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.
Leana E. Stormont Biological Information, Terminology and Hog Production Phases The article contains general biological information about hogs, farming production phases and commonly used terminology.
Paige M. Tomaselli International Comparative Animal Cruelty Laws A detailed analysis of the differences and similarities between US, European Union, Swiss, Norwegian and German animal cruelty laws. The theories behind these differences are explored. Finally, possible and definite future reforms shed light on upcoming animal cruelty law.
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.
Laura E. Tsai Legal 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.
Laura E. Tsai Detailed Discussion of Bears Used in Traditional Chinese Medicine Discussion of the issue of bear farming and the international trade in bear bile. Analysis of the laws regulating farming and trade. Discusses how the issue presents a problem and proposes solutions.
Laura E. Tsai Brief Summary of Bear Farming and the Trade in Bear Bile Brief summary of the practice of bear farming in Asian nations, as well as the problem of international trade in bear bile.
Laura E. Tsai Biological Information on the Asiatic Black Bear Information on the physical characteristics, habitat, temperament, and mating and feeding patterns of the Asiatic black bear.
David S. Turk Detailed Discussion of Cattle Laws Detailed discussion of cattle laws. Discussion touches upon husbandry practices, dairy industry, veal industry, inspection of meat products, product labeling and marketing, grazing, and rodeos.
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.
David S. Turk Biological Summary of Cattle The following is a biological summary of cattle. The document quickly touches upon history, biology, and social nature of cattle. It also mentions housing used at dairy operations and lists definitions for selected terminology.
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.
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 BEYOND THE LAW: AGRIBUSINESS AND THE SYSTEMIC ABUSE OF ANIMALS RAISED FOR FOOD OR FOOD PRODUCTION This article describes the minimal state and federal laws relating to animals raised for food production, and outlines a path for reform.

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