Feeding Our Future: Six Philosophical Issues Shaping Agricultural Law

I. Introduction: Identifying the Legal Questions Shaping the Future of Agriculture II. What Is Agriculture? ... A. Industrialization of American Agriculture ... B. Declining Farm Numbers and Related Structural Issues III. Is There a Right To Farm? ... A. Agriculture-Urban Conflicts ... B. Agricultural Property Use Conflicts IV. Is There a Duty of Stewardship Attached to Ownership and Use of Farmland? ... A. The Evolution of Environmental Policy for Agriculture ... B. Regulation of Soil Erosion as a Legislated Duty of Stewardship ... C. The Covenant of Good Husbandry in Farm Leases as a Stewardship Duty ... D. Mechanisms for Implementing a Duty of Stewardship ... 1. Regulatory Authority of the Soil and Water Conservation Districts ... 2. Economic Incentives to "Encourage" Stewardship ... 3. Farmer Sponsored Certification and Education ... 4. Harnessing the Economic Power of Research on Sustainable Agriculture V. What are the Limits to Private Property? ... A. The Relation of the Taking Issue to Agriculture and the Effect of Lucas ... B. Risks and Opportunities in "Resolving" the Taking Issue VI. Do Farm Animals have Rights? ... A. The Idea of Animal Rights and Its Relation to Modern Agriculture ... B. Challenges and Opportunities for Agriculture from Animal Rights VII. Should Plant Genetic Resources be Subject to Legal Ownership? ... A. The Importance of Plant Genetic Resources to Agriculture ... B. Identifying the Legal Issues in Control Over Plant Genetic Resources VIII. Conclusion