Agriculture Constitutional Law Criminal Law

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Uncovering Factory Farming - The Effects of Ag Gag Laws

Ag-Gag laws, or whistleblower laws specific to the factory farming industry, have been prevalent in recent news as new laws are both enacted and struck down in states across the nation. These laws illuminate the...more

Outline of New York Farm Animal Welfare Law

This is an outline of farm animal welfare law in the state of New York.more

How to Handle Visits from Non-Police Officers

This article guides New York livestock producers on how to handle non-police officers who want to view the farm and animals to investigate whether there is any animal cruelty.more

Missouri Veterinary Medical Board v. Gray

Defendant's Sur-Reply to Petitioners... Motion for Partial Judgment on the PleadingsMissouri

The Missouri Veterinary Medical Board filed a lawsuit seeking to enjoin Brooke Gray from filing down sharp enamel points on horses' teeth, which the Board argues constitutes the practice of veterinary medicine. Gray denied the Board's allegations and raised a number of state and federal constitutional affirmative defenses including some based on substantive due process, procedural due process, free speech, and equal protection of the laws. The MVMB filed a Motion for Partial Judgment on the Pleadings in regard to all of the defendants' affirmative defenses, to which the defendants filed a response. After a February 15th hearing on this motion, the Court granted the Board the opportunity to file a Reply to the defendants' response and also allowed the defendants to file this sur-reply.more

Missouri Veterinary Medical Board v. Brooke Gray and B&B Equine Dentistry

Defendants' Response to Motion for Partial Judgment on the PleadingsMissouri

The Missouri Board of Veterinary Medicine filed suit against Brooke Gray and B&B Equine Dentistry, alleging that they had committed the crime of practicing veterinary medicine without a license. Ms. Gray is alleged to have accepted compensation for "floating" horses' teeth - a centuries-old animal husbandry practice that removes sharp enamel points that can cut or ulcerate the interior of a horse's mouth and impede its ability to eat. In response to the Board's lawsuit, Ms. Gray asserted six Affirmative Defenses rooted in rights protected under the U.S. and Missouri Constitutions: 1) Right to Earn a Living 2) Right to Be Free of Arbitrary Governmental Classifications 3) Right to Enjoy the Gains of One's Own Industry 4) Freedom of Speech 5) Right to Procedural Due Process 6) Right to Equal Protection of the Laws The Board filed a Motion for Partial Judgment on the Pleadings, seeking to have the Court dismiss all of the Defendants' Affirmative Defenses. This Response explains why the Defendants are likely to prevail on each of their legal claims and, thus, why the Court should overrule the Board's motion.more

The Regulate, Control and Tax Cannabis Act of 2010

Prop 19 - Copy of California Proposition 19 to Legalize MarijuanaCalifornia

Full text copy of California's Prop 19 initiative up for vote on November 2, 2010. If passed, Proposition 19 will in effect legalize marijuana in California. See text of the intiative for details. Includes following language: is lawful and shall not be a public offense under California law for any person 21 years of age or older to: (1) Personally possess, process, share, or transport not more than one ounce of cannabis, solely for that individual’s personal consumption, and not for sale. (2) Cultivate, on private property by the owner, lawful occupant, or other lawful resident or guest of the private property owner or lawful occupant, cannabis plants for personal consumption only, in an area of not more than 25 square feet per private residence or, in the absence of any residence, the parcel. Cultivation on leased or rented property may be subject to approval from the owner of the property. Provided that, nothing in this section shall permit unlawful or unlicensed cultivation of cannabis on any public lands. (3) Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to paragraph (2), for personal consumption..."more

Missouri Veterinary Medical Board v. Gray

Defendants' Sur-Reply to Petitioner's... Motion in LimineMissouri

The Missouri Veterinary Medical Board filed suit seeking to enjoin Brooke Gray from filing sharp enamel points from horses' teeth, which the Board argues constitutes the practice of veterinary medicine, which is a criminal offense. Gray denied the allegations, raised constitutional affirmative defenses, and demanded a jury trial. Despite the statute's unambiguous statement that the Board could only seek an injunction "in addition to and not in lieu of" the criminal penalties provided for by the Veterinary Practice Act, the MVMB is attempting to deny Ms. Gray the protections of criminal procedure by only seeking a civil remedy. The great majority of the Board's discovery requests sought to have Ms. Gray disclose evidence of criminal activity, and because Missouri law states that in a CIVIL case, any substantive response to discovery requests waives the party's Fifth Amendment privilege ENTIRELY, Ms. Gray asserted her Fifth Amendment rights in regard to all of the substantive information sought. The MVMB acknowledged Gray's right to do so, but filed a Motion in Limine demanding that the Court impose harsh restrictions on Gray's ability to offer evidence in her own defense, calling on the Court to infer that Gray's refusal to respond indicated that her responses would have been unfavorable to her position, and arguing that Gray be denied a jury trial. Gray filed a response to this Motion and on February 15 the Court heard arguments on this matter. The judge permitted the MVMB to file a Reply to Gray's Response, and also granted Gray the opportunity to file this Sur-Reply to that Reply.more

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