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Full-Text Articles in Law
Law On The Half Shell: Applying A Right-To-Farm Framework To Virginia's Aquaculture Industry, Matt Woodward, Andrew Corso
Law On The Half Shell: Applying A Right-To-Farm Framework To Virginia's Aquaculture Industry, Matt Woodward, Andrew Corso
Virginia Coastal Policy Center
Beginning in the 1970s and 1980s, states responded to mounting land use conflicts by enacting Right-to-Farm or “RTF” laws. These laws serve to protect farmers and other agricultural producers by shielding their operations from nuisance suits. Virginia’s RTF law has helped to resolve land use conflicts and has helped to protect an agricultural industry that is both culturally and economically vital to the state.
Commercial shellfish activity has also historically proven vital to Virginia’s unique coastal identity and economy. Further, over the last several decades, Virginia’s diverse aquaculture industry has grown, making Virginia one of the leading producers of aquacultural …
Innovating Federalism In The Life Sciences, Myrisha S. Lewis
Innovating Federalism In The Life Sciences, Myrisha S. Lewis
Faculty Publications
This Article challenges the view that the US. Food and Drug Administration (FDA) has exclusive Jurisdiction over life sciences innovations. Many current and forthcoming life sciences innovations are "innovative therapies" such as gene editing, gene therapy, and regenerative stem cell treatments, which are actually "hybrids" of state and federal Jurisdiction. Thus, both state and federal Jurisdiction coexist: federal Jurisdiction exists to the extent that these medical innovations use drugs or biologics, but state Jurisdiction exists to the extent that these innovations are procedures regulated by states as the practice of medicine.
This Article argues that the regulation of numerous current …