1. 800. 973.1177
SKILL SHARPENER
Farmer, Lawyer, Policymaker: Drake Law Student Will Wear Many Hats Upon Graduation [by Erica Winter] Unique and innovative law school programs may have a habit of attracting and turning out unique law students and lawyers. An excellent illustration of this theory is Drake University Law School in Des Moines, IA; its Agricultural Law Center; and third-year law student Bill Even.
Drake Law is the only law school in the coun-
Even will be one of six law students to receive
Other big issues in agricultural law currently
try to offer a certificate in agricultural law for
the certificate of specialization in agricultural
include the industrialization of agriculture,
J.D. graduates (University of Arkansas Law
law from Drake Law this spring. Drake’s ag-
which pits smaller operations against mega-
School offers a specialized LL.M. in Agricul-
ricultural law certificate requires students to
farms, with “arguments on both sides” for the
tural Law). Plus, Drake’s Agricultural Law
take a set of core courses, such as Introduc-
benefits of each, says Even. Like the national
Center offers a wide variety of programs and
tion to Agricultural Law and Environmental
Wal-Mart debate, there is a lot of litigation
opportunities for students, scholars, farmers,
Regulation of Agriculture, and then choose
on this topic. Some large farms are getting
and policymakers to explore the intersections
elective courses that cover their specific
larger, but there has also been a growing
among agriculture, food, and all areas of law.
areas of interest.
trend in “lifestyle farms,” with farmers work-
Bill Even is not a typical law student. He is
The center’s Director, Professor Neil Ham-
income.
older than many of his classmates and is
ilton, takes a policy approach to agricul-
ing for enjoyment, not as a source of primary
adding a law degree to an established career.
tural issues and applies the basics of core
Traditional framing practices are also clash-
This, in itself, is not that unusual. The more
legal subjects to agriculture, says Even.
ing with intellectual property concepts as
unusual facts are that Even’s established
Hamilton’s—and the program’s—strength
genetically modified plants are becoming
career is farming and his first professional
is looking at “the intersection of law and
more common. The kicker is that plants,
step out of law school will be to return to his
policy,” says Even, which is also where Even’s
unlike most patentable inventions, can repro-
home state of South Dakota to head up a new
interests lie.
duce themselves, and farmers traditionally
state agency.
save seed from crops and replant it or sell it. In a course on state and local government
This is where things get “sticky,” says Even,
All of this started when Even was farming
regulation of agriculture, for example, Ham-
because the law says that the farmer does
with his father in South Dakota, and they
ilton and his students explored the “right to
not really own that seed.
brought his younger brother into the opera-
farm” concept, says Even. If a farm’s owners
tion. The farm still produces corn, soybeans,
want to expand from having 400 cattle to
Then there are agricultural issues with food
and alfalfa hay. There is a cow-and-calf
1,200 cattle and they want to put in a new
and trade, which are huge components of
operation and a farm-equipment-repair busi-
feed lot to accommodate the expansion, then
international business and health concerns
ness that they started when Even’s brother
there will be a high impact on the farm’s
alike. Fewer than two percent of Americans
came on board. As the business was expand-
neighbors, as well as on the local environ-
are farmers, notes Even, but we all eat. Food
ing, the family considered either renting out
ment.
is everyone’s connection to farming, and safety and labeling are both domestic and
more land to cultivate or investing in more farm equipment.
Controlling expansion, while still letting
international issues.
farmers grow, is a major “right to farm” isRather than do that, Even says, it was decided
sue. It could be dealt with on the state level
International trade law contains a vast
that he “would invest in myself,” and he
in the legislature, on the county level in the
universe of agricultural legal issues, from
went to college. There, his interest in law
issuance of permits, or it could be left to the
the framer to the consumer. Food safety is
was sparked, says Even, “and that led to law
courts. There is “a lot of litigation over these
a major area of trade contention between
school.” He was drawn to Drake Law because
types of issues in Midwestern states,” says
the United States and the European Union,
of its agricultural law program.
Even.
Japan, and Canada, especially when it comes to beef.
PAGE 1
continued on back
SKILL SHARPENER
For the farmer, Even points to himself as an example: he watches the weather in Brazil as much as he watches the weather in South Dakota because South American crop production impacts the market for his crops. “Agriculture has truly become globalized,” he says. As for his first job out of law school, Even will stay local and return to South Dakota as the new Director of State Energy Policy. In that part of the country, farms and farmers are tightly linked to energy production, says Even, with production of ethanol (made from corn) and biodiesel and using farmlands for wind farms. Even went to talk with South Dakota’s state secretary of agriculture in the summer after his second year to find out what opportunities were available in state government. Eventually, a staffer from the governor’s office called Even, saying that the state needed to address its energy-producing potential--but had no department as yet--and asking if he would be interested. Seeing a unique opportunity, Even took the job.
PAGE 2
1.800. 973. 1177