An Overview of Agricultural Law
Agricultural law is often seen as a subspecialty of environmental law or real property law, but by its nature, it involves many areas of law. For example, take a simple farm loan case. To understand such a transaction and to protect a farmer’s rights it is important to know something of contract law, federal credit regulations, bankruptcy law, property law, secured transactions, creditor’s rights in bankruptcy, IRS farm tax laws, federal crop insurance, and more. And these issues are typically not items that ricochet around in an introductory law school course but, instead are things that are learned in real life, legal practice.
Most people react with surprise when they learn their law school can offer a program in this area. The University of Nebraska – Lincoln College of Law has been a leader in agricultural law since 1932, when Clyde O. Fisher came to the University to focus on the teaching and development of the law of agriculture. In fact, for several decades, Fisher’s class on "Law and Agriculture" was the only course in that subject being taught at any U.S. law school. Later, L. Joshua Rosencranz and Robert L. Herbert taught agricultural law before William henry "Bill" Aoy and Richard "Dick" Moberly took over those courses in 1978. Their course developments were combined and rebranded "Agricultural Law" in 1996, a course that at the time was touted to be one of the most exhaustive law school classes in the nation .
Starting with only vague outlines based on US government farm programs and other governmental declarations from 1930’s through the 1950’s, various University of Nebraska advocates began to identify "the law of agriculture" that developed in the 1970’s and 1980’s into the passage of major federal and state farm legislation, including the Federal Crop Insurance Reform Act of 1980 and the Food Security Act of 1985. In the early 1990’s, the University of Nebraska College of Law recognized the need to address most of these laws and conflicts by initiating a formal program of Agricultural Law instruction. The faculty also soon found that much of this state, federal, and private law on the issues was also growing out of claims made by commercial farmers and other business owners, and that the law of agriculture was really a part of the larger body of business law. The University of Nebraska therefore decided to create a program that reflected both the specialized topics and the larger business law in which agricultural law operates.
Today, the University of Nebraska College of Law Agricultural Law Instruction Program offers a full program of courses in agricultural law and other Law College courses that address various agricultural and business issues. Today, the University of Nebraska Law College’s agricultural instructors work with over ten thousand private, state, and federal farm and farm-related law professionals, including lawyers, judges, accountants, financial officers, directors, etc., and are consulted for their expertise by state and federal agencies, universities (including forty-six land-grant universities), commodity groups, public interest groups, and others.
What Should You Consider when Choosing an Agricultural Law School
Potential students interested in pursuing a degree at an agricultural law school should first consider several factors before making their decision. Accreditation is one of the first things to check. The Council on Legal Education and Admission to the Bar, an American Bar Association (ABA) committee, is in charge of creating and imposing rigorous standards for legal education in the United States. ABA-accredited institutions have shown to be the most effective in preparing students for their legal careers. Students should ensure the schools they are considering are on the ABA’s list of accredited colleges. Another thing to look for in an agricultural law school is programs and activities that interest them. This includes student organizations, clinics, internships, and study abroad programs. Some students may also look for programs that will help them become part of the professional agricultural law community. For other students, studying abroad may present them with an opportunity to experience a new culture and career opportunities. Students should also consider faculty credentials when looking for an agricultural law school. Faculty members should have both teaching experience and real-life experience, since they will be responsible for passing their knowledge and experience onto the next generation of agricultural lawyers. Faculty members who are active in their fields help students gain firsthand experience and knowledge in the field, it is important to remember. Research opportunities may also be a big draw for potential students. Research programs can include projects, fellowships, and research journals. Research opportunities give students a chance to further their knowledge on topics of interest and improve their overall resumes.
The Best Law Schools for Agriculture
Home to highly esteemed and long-standing agricultural law programs, the following list will highlight specific features and the most up-to-date information for our readers. The schools listed all offer a wide variety of classes and programs for students interested in attending law school with an ag specialty. Following a brief description of each program, web links are provided for more in-depth research. In each case, the number preceding the school name corresponds to the state designation on the maps at the beginning of the article.
- Columbia Law School (N.Y.) — Universities/Colleges that were required to show they offer specialized courses for ag law have all performed very well in this analysis. Columbia is no exception. Columbia has offered agricultural law courses since 1935. Today, courses include Conflicts and Controversies over Food and Agricultural Regulation: The Food, Drug, and Pesticide Acts; Environmental Law and the Live Stock Industry; Food and Drug Law; Food Safety Law; Food and Drug Law and Policy; and International Environmental Law.
- Florida A&M University College of Law (Fla.) — The College of Law’s Public Interest Law Center houses Florida A&M University’s environmental and land-use law program. A cornerstone of national environmental and land-use law scholarship, the center sponsors an environmental and land-use law newsletter, the FAMU Environmental and Land-use Law Digest. The Florida A&M College of Law Summer Institute for Environmental and Land-use Law consists of graduate and undergraduate college courses, academic conferences, and a basic community lawyering training for central Florida communities of color.
- Purdue University College of Liberal Arts (Ind.) — This interdisciplinary, graduate-level, certificate program in food and agribusiness law and policy aims to advance scholarship, research, and policy advocacy related to food and agribusiness law and policy. The curriculum consists of core classes in environmental and natural resource law and policy, food safety, and biotechnology, as well as elective classes in intellectual property, anti-trust, international trade, and more.
- Drake University Law School (Iowa) — The Drake Environmental Law Center pairs nationally recognized faculty with the state’s top environmental law students to provide high-quality, interdisciplinary legal and policy counsel to help decision-makers reach sustainable land and water management solutions. Students in the program gain legal knowledge, practical skills, and networking opportunities while participating in challenging projects that address pressing environmental issues.
- University of Kentucky College of Law (Ky.) — The University of Kentucky’s Agricultural Law Studies Program emerged from a group that was formed in 1982 to research and evaluate the state’s rural economic development efforts. The group’s efforts led to the establishment of the university’s Agricultural Law Program, which focuses on researching issues critical to the economic health of agriculture, and the educational requirements of students who plan to work in agricultural policy.
Career Paths for Agricultural Law Professionals
A career in agricultural law can be incredibly diverse and have a global reach. While many lawyers go on to teach in law schools, join research institutions, or work with non-profits and advocacy organizations, there is a growing demand for agricultural law professionals in the private sector, in government positions, and in international institutions, which is covered more deeply below.
Academia
Those who wish to enter academia may become lecturers or professors in law school programs, agricultural economics programs, veterinary medicine programs, and agricultural science programs. Many professors in these fields have earned a J.D., an advanced degree in their subject matter such as animal sciences or farm management, and/or significant work experience in their chosen area of scholarship and teaching. Many ag law professors engage in scholarly research around their areas of focus while also teaching on these issues to a variety of different audiences including undergraduate students, graduate students, and legal students.
Government
Those taking a position in government may either serve as in-house counsel, agency staff, or consultants for various regulatory agencies within the USDA or other state and federal departments. These government lawyers advise on a daily basis on issues ranging from food labeling to food safety to bioenergy and conservation and farm policy. Numerous graduates have gone on to work for the government, as well.
Policy-Makers and Advisors
As the work in agricultural law is interdisciplinary, a number of graduates take positions as policy advisors and policy-makers for government legislative offices, think tanks, or non-profits that work to shape public policy. These attorneys provide legal guidance and analysis to support policy objectives, or scholarship to support research on the issue.
Private Practice
A number of graduates also enter private practice as consultants and advisors on agricultural issues. An example of such a position may be an attorney specializing in bankruptcy and tax issues for farmers. Others work as environmental and regulatory attorneys advising agribusiness clients on regulatory compliance, or as advisors and litigators representing agricultural producers and agribusinesses.
Non-Profits and Think-Tanks
Numerous graduates go on to serve in think-tanks, non-profits, and nonprofit advocacy organizations. At these institutions, they work to shape, advocate for, and promote scholarship on a number of ag law issues including food labeling issues, intellectual property, incorporation of value-added products, land-use, and water law. Their responsibilities vary greatly from drafting white papers, submitting comments to regulatory agencies, testifying before Congress, writing articles and blog posts to attend conferences and workshops and speak about their work.
How to Apply to a School of Agricultural Law
Like the traditional law school application process, applying to an agricultural law school begins with the submission of an application form, a personal statement, your application fee, and your transcripts. The application form is completed online through LSAC, the or Law School Admission Council. As is typical, you will need to use LSAC’s Credential Assembly Service, or CAS, which assists in the preparation of your law school application file, including obtaining copies of your transcripts. This service requests a copy of your transcript from each institution you have attended, then converts all of your transcripts into a standard format and forwards them to your desired law schools.
Many institutions require you to submit a letter or two of recommendation, though not all will specify that these should be from a law professor at your most recent institution. Further, various programs may have particular requirements. For example, Yale Law School advises applicants that "Students are encouraged, but not required, to submit written work of any kind-a paper written for a course or seminar, a dissertation chapter, a publication-that demonstrates your speed, language skills, and analytical ability."
Particularly following the LSAT (or GRE) , the application process may include a test or portion of a test to diagnose English Language Proficiency and identify areas where you might need remedial assistance. Students who are required to take a test will be sent instructions on the appropriate test at their convenience and must contact the Law School within five days of receiving these instructions to schedule the test.
The Law School will also look for evidence of the applicant’s public service and leadership, as well as a record of academic and professional honors. The Law School will select candidates based on a number of factors, including academic achievement, analytical thinking, personal motivation, leadership, maturity, public service, and response to adversity.
Prior to applying, it is prudent to meet with a Lawyer who practices in the field of agricultural law to discuss the application process, and further, to find out whether or not an advanced degree in agricultural law is worth your time. Chesapeake Legal Alliance’s site provides simple guidance on those areas of the law that involve agriculture.
It is also a good idea to speak with the admissions office of a prospective agricultural law program, and to ask for a copy of the program syllabus. This information can be instrumental in aiding you to make an informed decision about whether or not a specific program is right for you, and will help you to determine whether that program is what you are looking for. This information only represents a handful of excellent sources of preparation to apply to an Agricultural law school.
Scholarships and Financial Aid for Aspiring Agricultural Lawyers
Pursuing a degree in agricultural law can be a significant financial commitment for many aspiring students. There are a number of scholarships and financial aid options available specifically for those interested in agricultural law. The following is a non-exhaustive list of what is offered to help offset the cost of obtaining a degree in agricultural law.
The Tulane University Law School offers a variety of scholarships to incoming students, including the L. Russell Brown Scholarship for students pursuing a career in environmental law and a student loan repayment assistance program.
The School of Law at the University of Arkansas offers both merit and need-based scholarships to incoming students.
Cornell University also provides a number of scholarships specifically for law school students in its College of Agriculture and Life Sciences, which includes environmental and resource economics, international agriculture and rural development, and the global development concentration.
The University of Illinois College of Law offers the University of Illinois College of Law Loan Repayment Assistance Program (LRAP) to its graduates with careers in public service. LRAP, a program designed to help Illinois Law graduates repay their law school loans, is available for graduates who enter certain qualifying areas of public service.
Washington State University College of Law awards scholarships to students based on factors of scholarship criteria, including academic performance, community involvement and leadership.
There are also a variety of programs and research funds to assist students that have an interest in agricultural law. The University of Florida offers specifically targeted scholarship funds for students pursuing a degree in law. Grants are also available through the Center for Food and Agricultural Business at Purdue University. The University of Nebraska – Lincoln provides multiple sources of support and financial aid for students pursuing a degree in agricultural law.
To find financial aid options specific to an agricultural law program, university or college students should contact the university’s financial aid office and inquire about agriculture-related financial aid, specific to their field of study.
Future Developments in Agricultural Law
While elite law schools have always taught some aspect of agricultural law, many budding lawyers may be unaware that there are more than 50 such programs offered in universities across the nation. As agricultural export markets expand and environmental concerns mount, the future of agricultural law education promises to be even brighter: this is an area of law in which our environmental and our food economies are inextricably linked. In prior decades the growth of these areas have often been perceived as separate, sometimes opposing forces; both from the perspective of the farmer and from the perspective of the consumer. For example, many farmers viewed environmental regulation as an economic and operational liability, restricting their production, raising the price of inputs, and reducing the availability of production resources notwithstanding the global markets for their goods. The consumer, on the other hand, often viewed environmental regulation as a way to ensure clean water, farm to table assurance, and a reduction in environmental toxins, to name just a few benefits.
As agricultural exports spike and the realities of climate change emerge , it is becoming clear that new strategies for the intersection of agricultural and environmental law are necessary to achieve both respect for farmers and food producers and provide for clean air, land and water. The evolution of the demand for blended agricultural and environmental expertise is being recognized by law schools even as they are beginning to recognize the diminishing availability of farming and environmental education at the undergraduate level. This reality suggests that students with undergraduate degrees in the environmental sciences and related natural resources fields, who are interested in the agricultural economy should consider pursuing graduate degrees in agricultural law.
The agriculture industry and environmental scientists are also recognizing and addressing the increasing global markets for agricultural products and environmental services and protection. It is perhaps not surprising that countries with advanced technologies in agriculture and environmental protections have also emerged as the largest markets for agricultural and environmental products. Such countries, among others, include China, Brazil, Argentina, India, and Mexico.
Climate change considerations are likely to shape the future of agricultural law education reframing expectations for sustainability in both food production and the environment.