The courses offered as part of the LL.M. curriculum are specifically designed to address the most current legal issues involving the law of food and agriculture. The curriculum and the focus in each of the individual courses varies year to year as professors incorporate new issues.
Courses anticipated for the 2008-2009 academic year include:
Introduction to the Law of Food & Agriculture (1 credit) – This course provides an overview of the legal and policy issues presented by the production of food and fiber, including a discussion of structural changes in agriculture, sustainability issues, and trends in direct marketing and consumer interest.
Agriculture & the Environment (3 credits) – Agriculture is increasingly criticized for its impact on the environment. This course examines the tensions between the desire to produce food and fiber efficiently and concern for the protection of natural resources. The application of the major federal environmental statutes to agricultural operations will be presented, with discussion of the exemptions for agriculture and the impact of industrialized agricultural production on environmental regulation.
Food Law & Policy (2 credits) – This course examines the network of laws that govern food safety and food labeling and considers how well this network works to protect American consumers. Current issues in the news, e.g., mad cow disease, E. coli outbreaks, animal welfare issues, and the organic standards, are considered.
Government Regulation of Agriculture (2 credits) – This course analyzes federal domestic commodity programs, including payment eligibility and limitation rules; the USDA National Appeals Division (NAD) administrative appeals process; the judicial review of USDA NAD determinations; the Perishable Agricultural Commodities Act; the USDA formal administrative adjudication process; federal marketing orders for milk, fruit, vegetables, specialty crops and nuts; and introduces the Federal Tort Claims Act and the Equal Access to Justice Act as applied to agricultural litigation. Incorporated in the course at various points will be basic principles of federal administrative law.
Selected Issues in International Agriculture (1 credit) – This course explores selected issues in global agricultural trade, including human rights implications and the environmental consequences of the changing patterns of agricultural production throughout the world. Each semester two important issues are selected for study. Recent topics have included (1) Agriculture and the WTO process, with a focus on the Doha Round negotiations, and (2) International agriculture and fresh-water supplies.
Regulation of Livestock Sales (1 credit) – This course examines the Packers & Stockyards Act, with a focus on the prohibition of unfair practices, animal identification, mandatory price reporting, and the protections provided for livestock marketing.
Agricultural Policy Making and the Impact of the Federal Budget (1 credit) – This new course explores the impact of the Office of Management and Budget and the cost scoring system on agricultural policy making in Washington, D.C. To put this dynamic in practical terms, the course will look at energy policy and the Farm Bill's new provisions for USDA funding opportunities; how did these provisions come about and what does it mean for the future?
Agricultural Economics for Lawyers (1 credit) – Understanding the basics of agricultural economics is critical to a good understanding of American farm policy. This course provides an introduction designed specifically for agricultural lawyers.
Rural Lands - Rural Livelihoods (1 credit) – Rural development initiatives are distinct from the typical farm programs. This course considers innovative opportunites for farmers and other rural residents to explore innovative ways to stabilize and strengthen their rural communities. Included will be a study of some of the legal issues presented by wind farming.
Sustainable Agriculture: Issues of Law & Policy (1 credit) – This course considers the definition of sustainability in the context of agricultural production and agricultural enterprises and debates the policies that could bring us closer to a sustainable model for agriculture.
Agricultural Cooperatives (1 credit) – This course examines the law governing the organization and operation of farmer-owned cooperatives, with an emphasis on “New Generation” value-added processing cooperatives. Among the topics covered are cooperative taxation and aspects of antitrust and securities law applicable to agricultural cooperatives.
Agricultural Finance & Credit (2 credits) – Agriculture is a capital-intensive industry. This course examines the legal issues involved in the financing of an agricultural operation, including credit availability, farm real estate financing, secured transactions in agricultural personal property, and debt restructuring opportunities. Special attention is given to the institutional lenders that serve agriculture: the Farm Credit System, the USDA Farm Service Agency, and the commercial banks involved in farm finance.
Agricultural Bankruptcy (1 credit) – This course examines bankruptcy law as applied to agricultural operations, including Chapter 12 - Family Farmer Reorganization.
Agricultural Perspectives (2 credits) – Agriculture has a rich and varied history, and today’s issues are often best understood in the context of this history. This course examines a wide range of social and economic issues, considering their origin and how history is reflected in today’s policies. Topics considered include agrarianism, land tenancy issues, slavery, farm structure, early farm activism, the Dust Bowl, and migrant farm labor.
Selected Issues in Food Law (1-2 credits) – This course explores current issues of food law selected by the students in the class, with a different topic presented each week. Legal and policy issues are presented and debated. Topics chosen in previous sessions have included the use of the term “grass fed” in meat labeling, the regulation of pet food, government efforts to address the obesity problem, bottled water and the regulation of dietary supplements.
Agricultural Labor Law (1 to 2 credits) – This survey course examines the legal, social, and economic issues that arise from the extensive use of migrant labor in U.S. agricultural operations. This complex issue is analyzed from many perspectives. Discussion topics include agricultural exemptions from labor laws, the Migrant & Seasonal Agricultural Worker Protection Act, and agriculture’s reliance on undocumented alien workers.
Biotechnology & Agriculture (1 credit) – Developments in agricultural biotechnology offer exciting opportunities but raise many concerns. This course examines laws governing biotechnology as applied to agriculture, combined with a discussion of the farm policy impact and analysis of regulations controlling the use of biotechnology in agriculture and whether these regulations have kept up with scientific developments.
Introduction to Agricultural Taxation (1 credit) – This introductory course examines agricultural business taxation issues, including the impact of business planning decisions on taxation.
Crop Insurance & Disaster Assistance (1 credit) – This course addresses complex issues surrounding the use of crop insurance and disaster-assistance programs to support farm income in times of loss. It provides an overview of the programs available and the legal issues that arise from them. Policy issues, including the new concept of revenue insurance, are also addressed.
Independent Research in Agricultural Law (1 credit) – This course allows for the intensive coverage of a specialized topic in agricultural law that is not covered in an existing law course.
Advanced Agricultural Law Research & Writing (1 credit) – This is a practical course to assist students with research and writing skills, focusing on specialized agricultural law topics.
Master’s Thesis in Agricultural Law (1 to 4 credits) – As part of the requirements for the LL.M. degree, each student must perform research in a specialized area of agricultural law and develop an article or other product suitable for publication. This course is for LL.M. students only.
In addition to the specific LL.M. courses, LL.M. candidates may be able to take courses in the School of Law J.D. curriculum. Popular choices include International Trade; International Human Rights; and Administrative Law. Graduate level courses from other schools on campus further expand the curricular choices. The well regarded Agricultural Economics Department of the Bumpers College of Agriculture offers a wide range of topical courses. And, the new Center for Applied Sustainability in the Walton School of Business presents additional alternatives.