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Full-Text Articles in Law
Leveling The Playing Field In Gmo Risk Assessment: Importers, Exporters And The Limits Of Science, Alison Peck
Leveling The Playing Field In Gmo Risk Assessment: Importers, Exporters And The Limits Of Science, Alison Peck
Alison Peck
The WTO system requires that trade restrictions to protect health and safety be based on a risk assessment supported by “sufficient scientific evidence.” Scholars and international standards organizations have pointed out, however, that science is not capable of providing answers to questions of health and safety without incorporation of value judgments and assumptions by the risk assessors. Before GMO-importing countries conduct risk assessments, GMO-producing and -exporting countries have already conducted separate risk assessments that led to the decision to produce and market the products in the first place. Both risk assessments – of exporting and importing countries – employ science …
A Horse Of A Different Color: A Study Of Color Bias, Anti-Trust, And Restraint Of Trade Violations In The Equine Indsutry, Mary W. Craig
A Horse Of A Different Color: A Study Of Color Bias, Anti-Trust, And Restraint Of Trade Violations In The Equine Indsutry, Mary W. Craig
Mary W Craig
In 2000, Kay Floyd sued the American Quarter Horse Association, and changed not only the way the Association did business, but changed the law as it applied to voluntary associations. The court ruled that an association cannot economically discriminate against some of its members and artificially devalue the property held by those members. Subsequently, the American Quarter Horse Association has changed its own registration rules to reflect the principle behind the Floyd suit, even though the parties settled and dismissed the case. A sister equine association in Texas, however, has refused to amend its rules concerning equine registration, resulting in …
A Troubled Path To Private Property: Agricultural Land Law In Russia, Ira Kenneth Lindsay
A Troubled Path To Private Property: Agricultural Land Law In Russia, Ira Kenneth Lindsay
Ira Kenneth Lindsay
When the Soviet Union collapsed many observers hoped that decollectivization would improve the infamously inefficient Soviet agricultural sector and raise collective farm workers out of poverty. The initial results of market reform in Russian agriculture were a severe disappointment in both respects. Under Putin, Russia has finally allowed agricultural land to be bought and sold. The effects of this latest reform have been less than was hoped by supporters or feared by opponents. Russia’s experience with land reform suggests that while private ownership of farmland may offer significant advantages, successful land reform requires much more than the creation of legal …
"Stationarity Is Dead" -- Long Live Transformation: Five Principles For Climate Change Adaptation Law, Robin K. Craig
"Stationarity Is Dead" -- Long Live Transformation: Five Principles For Climate Change Adaptation Law, Robin K. Craig
Robin K. Craig
While there is no question that successful mitigation strategies remain critical in the quest to avoid worst-case climate change scenarios, we’ve passed the point where mitigation efforts alone can deal with the problems that climate change is creating. Because of “committed” warming – climate change that will occur regardless of mitigation measures, a result of the already-accumulated greenhouse gases in the atmosphere – what happens to social-ecological systems over the next decades, and most likely over the next few centuries, will largely be beyond human control. The time to start preparing for these changes is now, by making adaptation part …
Homeland Security Planning: What Victory Gardens And Fidel Castro Can Teach Us In Preparing For Food Crises In The U.S., A. Bryan Endres, Jody M. Endres
Homeland Security Planning: What Victory Gardens And Fidel Castro Can Teach Us In Preparing For Food Crises In The U.S., A. Bryan Endres, Jody M. Endres
A. Bryan Endres
Food security is an essential element of comprehensive government crisis response plans. The absence of a terrorist attack on the agricultural sector, however, has been “more by luck than design” and the American public has a false sense of food security due to the invisibility of its complicated food supply chain. Current planning efforts, grounded in the Bioterrorism Act of 2002 and a series of Presidential Directives, rely exclusively on the status quo of conventional agriculture and neglect the potential security benefits of regional and local food networks. Two historical examples, the World War II Victory Garden program and Cuba’s …
The Legal Needs Of Farmers: An Analysis Of The Family Farm Legal Needs Survey, A. Bryan Endres, Stephanie B. Johnson, Donald L. Uchtmann, Anne H. Silvis
The Legal Needs Of Farmers: An Analysis Of The Family Farm Legal Needs Survey, A. Bryan Endres, Stephanie B. Johnson, Donald L. Uchtmann, Anne H. Silvis
A. Bryan Endres
In post-modern agriculture's increasingly complex operating environment, the literature lacks a comprehensive analysis of the legal issues facing today's farm operators from the perspective of the farmer. Numerous scholars (included the authors) have analyzed various specific legal/policy issues and their impact on the agricultural community. This article, however, adopts a unique bottom-up approach in which the family farmers, rather than scholars or practitioners, identify their actual legal needs. Derived from the Family Farm Legal Needs Survey conducted by the authors with the support of the Illinois Bar Foundation, this article fills a critical gap in the literature and will enable …
Water Markets As A Tragedy Of The Anticommons, Stephen N. Bretsen, Peter J. Hill
Water Markets As A Tragedy Of The Anticommons, Stephen N. Bretsen, Peter J. Hill
Stephen N. Bretsen
In much of the American West water shortages are becoming an important concern. With increasing demands for water for municipal, industrial, and environmental uses, transfers of water from the currently predominant agricultural uses to these other uses should produce economic gains. Even though most commodity markets respond rapidly to price differentials and reduce those differentials over time, water transfers out of agriculture into higher value uses are not occurring very rapidly. The existence of multiple rights of exclusion unbundled from the rights of use under the prior appropriation doctrine in the American West creates an anticommons that has impeded water …