Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Law
The Confines Of Federalism On Farmed Animal Welfare, Miranda Groh
The Confines Of Federalism On Farmed Animal Welfare, Miranda Groh
Animal Law Review
Although farmed animal advocates have achieved some protection for animals through state and local laws, Congress’s constitutional authority to preempt state law and regulate interstate commerce poses a significant threat to those achievements. Additionally, the practical constraints of the United States’ interconnected food system suggest that national, uniform standards are more desirable than a state-by-state, piecemeal approach to animal welfare. Despite the potential benefits of a state-by-state approach and some obstacles faced at the federal level, this Article argues that long-lasting legal protections for farmed animals should ultimately come from Congress, and that animal advocates should concentrate their efforts there. …
Food Localization: Empowering Community Food Systems Through The Farm Bill, Joshua Ulan Galperin, Brian Fink, Alexandra Schluntz
Food Localization: Empowering Community Food Systems Through The Farm Bill, Joshua Ulan Galperin, Brian Fink, Alexandra Schluntz
Elisabeth Haub School of Law Faculty Publications
Our intent in this Article is not to delineate foods that are local or not local, nor is it to lionize one agricultural production method over another. Rather, we hope to build on the literature that for many decades has documented how local communities have emerged as influential actors on the American food system through establishing control over local supply chains often alongside national and global supply chains. We begin with Part I, which explores how some food-system scholars have conceptualized these democratic changes occurring. We look to Thomas Lyson’s concept of civic agriculture, which attempts to move corporation-oriented communities …
Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa
Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa
Ryan B. Stoa
Marijuana legalization is sweeping the nation. Recreational marijuana use is legal in eight states. Medical marijuana use is legal in thirteen states. Only three states maintain an absolute criminal prohibition on marijuana use. Many of these legalization initiatives propose to regulate marijuana in a manner similar to alcohol, and many titles are variations of the "Regulate Marijuana Like Alcohol Act." For political and public health reasons the analogy makes sense, but it also reveals a regulatory blind spot. States may be using alcohol as a model for regulating the distribution, retail, and consumption of marijuana, but marijuana is much more …
Droughts, Floods, And Wildfires: Paleo Perspectives On Disaster Law In The Anthropocene, Ryan Stoa
Droughts, Floods, And Wildfires: Paleo Perspectives On Disaster Law In The Anthropocene, Ryan Stoa
Faculty Publications
Humanity’s impact on the earth has become so pronounced that momentum is building toward adopting a new term for the modern geological age — the “Anthropocene.” The term signifies that human activity has reached a scale that it is now a planetary force capable of shaping ecosystems and natural processes. And yet, anthropocentric natural resources management and environmental lawmaking in the United States reveals a lack of control in managing natural systems and fostering resilience to extreme events. These systems do not easily conform to the whims of reactionary environmental policies. Droughts, floods, and wildfires, in particular, are often conceptualized …
El Derecho Agrario En Los Tiempos De Crisis De La Modernidad, Lucas Abreu Barroso
El Derecho Agrario En Los Tiempos De Crisis De La Modernidad, Lucas Abreu Barroso
Lucas Abreu Barroso
This paper intends to discuss the meaning of Agrarian Law in the intricacies of the crisis of modernity. At the same time it seeks to raise the possibility of restoring the autonomy of Law through a critical problematization of the human universe. When legal knowledge is realized by a third way based on experience and with ability to mediate the dialectic between the social self and the personal self, the primacy of the person and his dignity will be confirmed, as expressed by the affirmation of human rights and fundamental rights, which are already ethical substrates of Agrarian Law in …
Brasil, Lucas Abreu Barroso
Brazil, Lucas Abreu Barroso
Child Consumption And Food (In)Security In Brazil, Lucas Abreu Barroso
Child Consumption And Food (In)Security In Brazil, Lucas Abreu Barroso
Lucas Abreu Barroso
No abstract provided.
Brésil, Lucas Abreu Barroso
Corn, Carbon, And Conservation: Rethinking U.S. Agricultural Policy In A Changing Global Environment, Mary Jane Angelo
Corn, Carbon, And Conservation: Rethinking U.S. Agricultural Policy In A Changing Global Environment, Mary Jane Angelo
Mary Jane Angelo
This Article explores a range of issues related to both the regulatory and incentive-based federal programs that affect the crops we grow, the manner in which they are grown, and the human and environmental impacts of such programs. The Article evaluates the 2008 Farm Bill and describes how the policies contained in it influence virtually every aspect of agriculture, from the decision to grow certain crops, the amount of crops grown, the industrial manner. This Article focuses on one particular commodity, corn, which while ubiquitous and seemingly pedestrian, is perhaps one of the major environmental offenders, and for which the …
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto, Sarah Saville
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto, Sarah Saville
Animal Law Review
Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price …
Corn, Carbon, And Conservation: Rethinking U.S. Agricultural Policy In A Changing Global Environment, Mary Jane Angelo
Corn, Carbon, And Conservation: Rethinking U.S. Agricultural Policy In A Changing Global Environment, Mary Jane Angelo
UF Law Faculty Publications
This Article explores a range of issues related to both the regulatory and incentive-based federal programs that affect the crops we grow, the manner in which they are grown, and the human and environmental impacts of such programs. The Article evaluates the 2008 Farm Bill and describes how the policies contained in it influence virtually every aspect of agriculture, from the decision to grow certain crops, the amount of crops grown, the industrial manner. This Article focuses on one particular commodity, corn, which while ubiquitous and seemingly pedestrian, is perhaps one of the major environmental offenders, and for which the …
To What Extent Does Wealth Maximization Benefit Farmed Animals? A Law And Economics Approach To A Ban On Gestation Crates In Pig Production, Geoffrey C. Evans
To What Extent Does Wealth Maximization Benefit Farmed Animals? A Law And Economics Approach To A Ban On Gestation Crates In Pig Production, Geoffrey C. Evans
Animal Law Review
A law and economics approach in the current animals-as-property realm could be the most efficient way to gain protections for the billions of farmed animals that need them now. The wealth maximization theory allows for this because it recognizes human valuation of nonhuman interests. However, evidence shows that a market failure exists because of the discord between public will and animal industry practices. Where human valuation of nonhuman interests is underrepresented in the market and, therefore, a market fix is needed through legislation, animal advocates should evaluate the legislation’s economic impacts. In the case of a ban on gestation crates, …