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70 Law & Contemp. Probs. 139 (2007)
What's Good for the Goose... the Israeli Supreme Court, Foie Gras, and the Future of Farmed Animals in the United States

handle is hein.journals/lcp70 and id is 141 raw text is: WHAT'S GOOD FOR THE GOOSE... THE ISRAELI SUPREME COURT, FOIE GRAS, AND THE FUTURE OF FARMED ANIMALS IN THE UNITED STATES MARIANN SULLIVAN* AND DAVID J. WOLFSON** I INTRODUCTION The cruelties visited upon animals in modern agriculture are indisputable and truly staggering in their proportions. Approximately ten billion animals, excluding fish, are killed annually in the United States for food. These animals are regularly confined for life to very small areas-some no bigger than themselves-virtually unable to move a muscle, are mutilated and castrated without anesthesia, are handled and slaughtered in inhumane ways, and are genetically engineered to increase production in ways that cause them to be ill and malformed. This mistreatment goes on, day after day, animal by animal, endlessly. At the same time, laws that govern the welfare of these animals have been altered to exempt cruel common practices or, when it comes to such practices, are simply ignored. Our society willfully turns its back on the suffering of farmed animals or, perhaps more commonly, guiltily averts its gaze.! How we have created a world in which such a vast amount of animal suffering is tolerated is an interesting question. But what is more important for the purposes of this article is whether the legal system in the United States can be adjusted to significantly reduce such horrendous suffering. Sadly, it appears Copyright © 2007 by Mariann Sullivan and David J. Wolfson This article is also available at http://law.duke.edu/journals/lcp. * Mariann Sullivan is the deputy chief court attorney at the New York State Appellate Division, First Department. She is a former chair of the animal law committee of the Association of the Bar of the City of New York and a member of the animal law committees of the New York State Bar Association and the American Bar Association. ** David J. Wolfson is a corporate partner at Milbank, Tweed, Hadley & McCloy LLP and an adjunct professor at NYU Law School where he teaches animal law. He also teaches animal law at Columbia Law School. The views expressed by the authors are solely their own. The authors would like to thank Melissa Bonfiglio, Carter Dillard, Jonathan Lovvorn, Alexander M. Kaye, Miyun Park, William Reppy, Erin Tobin, and Jeff Welty for their assistance in the preparation of this article. 1. DAVID J. WOLFSON & MARIANN SULLIVAN, Foxes in the Hen House: Animals, Agribusiness, and the Law: A Modern American Fable, in ANIMAL RIGHTS: CURRENT DEBATES AND NEW DIRECTIONS 206 (Cass R. Sunstein & Martha C. Nussbaum eds., 2004). See also id. at 216-19 (describing customary farming practices such as the gestation crate, veal crate, and battery cage).

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