Journal of Food Law & Policy Volume 16 Number 2 Article 5 2020 Private Farms, Public Power: Governing the Lives of Dairy Cattle Jessica Eisen University of Alberta, Edmonton Follow this and additional works at: https://scholarworks.uark.edu/jflp Part of the Agricultural and Resource Economics Commons, Agriculture Law Commons, Animal Law Commons, Food and Drug Law Commons, and the Public Law and Legal Theory Commons Recommended Citation Eisen, J. (2021). Private Farms, Public Power: Governing the Lives of Dairy Cattle. Journal of Food Law & Policy, 16(2). Retrieved from https://scholarworks.uark.edu/jflp/vol16/iss2/5 This Article is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Journal of Food Law & Policy by an authorized editor of ScholarWorks@UARK. For more information, please contact
[email protected]. Volume Sixteen Number Two 2020 PRIVATE FARMS, PUBLIC POWER: GOVERNING THE LIVES OF DAIRY CATTLE Jessica Eisen A PUBLICATION OF THE UNIVERSITY OF ARKANSAS SCHOOL OF LAW Private Farms, Public Power: Governing the Lives of Dairy Cattle Jessica Eisen* Abstract It is widely assumed that laws governing dairy production include substantial protection of animals’ interests—that in some way the state is regulating the treatment of farmed animals and protecting them against the worst excesses of their owners’ self- interest. In fact, across jurisdictions in Canada and the United States, the standards governing farmed animal protection are not established by elected lawmakers or appointed regulators, but are instead primarily defined by private, interested parties, including producers themselves. As scholars of animal law have noted, this has contributed to weak and ineffectual legal protection of the interests of farmed animals.