Agricultural law
{{Short description|Law relates to agribusiness}}
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Agricultural law, sometimes referred to as Ag Law, deals with such legal issues as agricultural cooperatives, seed, water, fertilizer, pesticide use, agricultural finance, agricultural labour, agricultural marketing, agricultural insurance, farming rights, land tenure and tenancy system and law on Agricultural processing and rural industry. With implementation of modern technologies, issues including credit, intellectual property, trade and commerce related to agricultural products are dealt within the sphere of this law.
Simply put, agricultural law is the study of the special laws and regulations that apply to the production and sale of agricultural products.{{Cite journal|last=Schneider|first=Susan|year=2010|title=A Reconsideration of Agricultural Law|url=http://scholarship.law.wm.edu/wmelpr/vol34/iss3/5/|journal=William & Mary Environmental Law and Policy Review|volume=V. 34, Issue 3|pages=935–963}} "Agricultural exceptionalism," i.e., the use of legal exceptions to protect the agricultural industry, is pervasive, worldwide.{{Cite journal|last=Skogstad|first=Grace|year=1998|title=Ideas, Paradigms, and Institutions: Agricultural Exceptionalism in the European Union and the United States|journal=Governance|volume=11|issue=4 |pages=463–468|doi=10.1111/0952-1895.00082 }}
History
Agriculture law is ancient, dating at least from the English Common law in the 17th century; Aldred's Case (1610) is an English land law and tort law case on nuisance, whereby a person has a cause of action when their immediate neighbor has a pigsty adjacent to their house.Aldred's Case (1610) 9 Co Rep 57b; (1610) 77 ER 816, [1558–1774] All ER Rep 622.
Ireland's parliament passed what might have been the first animal welfare legislation, An Act against Plowing by the Tayle, and pulling the Wooll off living Sheep, in 1635.{{cite web|url=https://www.rte.ie/brainstorm/2025/0108/1489471-ireland-animal-anti-cruelty-laws-1635-history/#:~:text=The%201635%20act%20made%20it,to%20be%20sheared%20or%20clipped.&text=Until%20March%202014%2C%20when%20the,Act%201911%20(as%20amended).|website=RTE|title=How Ireland produced the world's first animal anti-cruelty laws in 1635|first=Laura |last=Donnellan|date=9 January 2025|access-date=12 March 2025}}
American law schools and legal scholars first recognized agricultural law as a discipline in the 1940s when law schools at Yale, Harvard, Texas, and Iowa explored and initiated agricultural law courses.{{Cite journal|last=Hannah|first=Harold|year=1946|title=Law and Agriculture|journal=Virginia Law Review|volume=32|issue=4 |pages=781–784|doi=10.2307/1068799 |jstor=1068799 }} These early efforts were short-lived, however, and agricultural law as a distinct discipline did not resurface for three decades. In 1979, a scholarly journal, The Agricultural Law Journal was initiated.{{Cite journal|last=Hamilton|first=Neil|year=1990|title=The Study of Agricultural Law in the United States|journal=Arkansas Law Review|volume=43|pages=503–515}} In 1980, the American Agricultural Law Association was formed{{Cite journal|last=Schneider|first=Susan|year=2005|title=Thoughts on Agricultural Law and the Role of the American Agricultural Law Association|journal=Drake Journal of Agricultural Law|volume=10|pages=2–10}} and an advanced law degree program, the LL.M. Program in Agricultural Law was founded at the University of Arkansas School of Law.{{Cite web|url=http://law.uark.edu/academics/llm-food-ag/|title=LL.M. Program in Agricultural & Food Law}} In 1981, a fifteen volume Agricultural Law Treatise was published{{Cite book|title=Agricultural Law|last=Harl|first=Neil|publisher=Matthew Bender|year=1985}} and in 1985, the first law school casebook, Agricultural Law: Cases and Materials was published by West Publishing.{{Cite book|title=Agricultural Law: Cases and Materials|last=Pedersen|first=Donald|publisher=West|year=1985}}
In recent years, agricultural law studies have expanded to incorporate a wider consideration of the impact of agricultural production, including issues of environmental law, sustainability, animal welfare, and food law and policy.{{Cite book|title=Food, Farming, & Sustainability: Readings in Agricultural Law|last=Schneider|first=Susan|publisher=Carolina Press|year=2016}} Reflecting this expanded perspective, in 2009, the LL.M. Program in Agricultural Law at Arkansas changed its name to the LL.M Program in Agricultural and Food Law. In 2010, the second law school textbook was published with the title, Food, Farming & Sustainability: Readings in Agricultural Law.{{Cite book|title=Food, Farming, and Sustainability: Readings in Agricultural Law (2nd ed. 2016)|last=Schneider|first=Susan|publisher=Carolina Press|year=2010}} And, in 2012, the American Association of Law Schools changed the name of its Agricultural Law section to Agricultural and Food Law. The emerging discipline of food law & policy traces its roots to the discipline of agricultural law as well as tradition food and drug law.{{Cite journal|last=Emily Broad Leib and|first=Baylen Linnekin|year=2014|title=Food Law & Policy: The Fertile Field's Origins & First Decade|url=http://www.chlpi.org/groundbreaking-article-about-food-law-policy-co-authored-by-flpc-director-emily-broad-leib-published-in-wisconsin-law-review/|journal=Wisconsin Law Review|volume=2014|pages=557|access-date=2017-03-12|archive-date=2021-04-19|archive-url=https://web.archive.org/web/20210419063605/https://www.chlpi.org/groundbreaking-article-about-food-law-policy-co-authored-by-flpc-director-emily-broad-leib-published-in-wisconsin-law-review/|url-status=dead}}
See also
References
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External links
- [http://www.calt.iastate.edu/ Iowa State University's Center for Agricultural Law and Taxation]
- [http://law.uark.edu/academics/llm-food-ag/ LL.M. Program in Agricultural & Food Law], University of Arkansas School of Law
- [https://www.foodfarmingsustainability.com/ Food Farming & Sustainability: Legal Resources Website]
- [http://www.drake.edu/law/clinics-centers/aglaw/ Drake Agricultural Law Center]
- [https://www.nal.usda.gov/aglaw/agricultural-law-information-partnership Agricultural Law Information Partnership]
- [https://www.vermontlaw.edu/academics/degrees/llm/llm-in-food-and-agriculture-law LLM in Food and Agriculture Law], Vermont Law and Graduate School
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