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The “Gallenstein” Rule: Slowly Slipping Away, Neil E. Harl 2018 Iowa State University

The “Gallenstein” Rule: Slowly Slipping Away, Neil E. Harl

Agricultural Law Digest

Most legal rules exist until the rule is repealed, the rule comes to the end of its stated term or is held to be unconstitutional. But one, the so-called “Gallenstein” Rule, which has been in existence only for 26 years, is slowly slipping into oblivion. That rule, the indirect product of the 1976 amendment of joint tenancy rules,1 did not emerge until 1991 when the case of Gallenstein v. United States was decided by the Federal District Court of the Eastern District of Kentucky and the case was later affirmed by the Sixth Circuit Court of Appeals.2


Covariant Risk And Nutrient Credit Training, Brian Sawers 2018 University of Maryland Francis King Carey School of Law

Covariant Risk And Nutrient Credit Training, Brian Sawers

Maryland Law Review Online

Every summer, a dead zone is created in the Chesapeake Bay. The dead zone is created by too much of a good thing: nutrients, especially nitrogen and phosphorus. The largest source of excess nutrients in the Chesapeake is agriculture; manure and artificial fertilizers are washed into streams that eventually reach the bay. In the bay, nitrogen and phosphorus create an algae bloom, which consumes all the dissolved oxygen. Some fish escape, but other creatures expire in this dead sea within the Chesapeake Bay.

To reduce the excess nutrients reaching the bay, several states are experimenting with nutrient credit trading. A ...


Remaking Making: Integrating Self-Replicating Technologies With The Exhaustion Doctrine, Adanna Uwazurike 2018 Boston College Law School

Remaking Making: Integrating Self-Replicating Technologies With The Exhaustion Doctrine, Adanna Uwazurike

Boston College Law Review

Self-replicating technologies such as genetically modified organisms have unquestionably improved the farming industry. In order to ensure continued innovation in this area, the law has increasingly established protections for this technology. Although the exhaustion doctrine serves as a limit to a patent holder’s rights, the application of the current patent infringement regime may be over-inclusive as self-replicating technologies continue to advance. This Note identifies Bowman v. Monsanto as a recent example of how self-replicating patented products could lead to blanket infringement liability, including for innocent infringers. This Note recommends that the definition of “making” be redefined to include only ...


Points To Watch With Revocable Trusts, Neil E. Harl 2018 Iowa State University

Points To Watch With Revocable Trusts, Neil E. Harl

Agricultural Law Digest

Revocable trusts go by several names – living trusts, inter vivos trusts, revocable trusts, grantor trusts – but regardless of name, the trusts bearing any of the names are basically the same, although such trusts should be read with care because the language used in the trust may affect the ultimate disposition of the property held in the trust. With such a trust, the grantor creates the trust by executing a trust agreement and ordinarily funds the trust by transferring property to the trust during the life of the grantor.


Cases, Regulations And Statutes, Robert P. Achenbach Jr 2018 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr

Agricultural Law Digest

No abstract provided.


Tax Cut And Jobs Act, Neil E. Harl, Charles F. Curtiss 2018 Iowa State University

Tax Cut And Jobs Act, Neil E. Harl, Charles F. Curtiss

Agricultural Law Digest

Periodically, the Federal Government schedules a systematic view of issues confronting the country. The latest was concluded in late December 2017. The event was identified as focusing on “Tax Cuts and Jobs Act.” In this issue we focus on a range of issues and the results of tax rates and other important concerns.


Cases, Regulations And Statutes, Robert P. Achenbach Jr 2018 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr

Agricultural Law Digest

No abstract provided.


Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni 2018 University of Missouri School of Law

Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni

Journal of Dispute Resolution

Is it a right to farm, or a right to be a bad neighbor? The ability to sue a neighbor who farms claiming nuisance is largely dependent on each state’s right to farm law. Just because there is a nuisance claim that can be filed in court does not necessarily mean the complaint should be heard in court. Instead, mediation can be a low cost, confidential, and even binding alternative which helps parties resolve their disputes in creative ways. Section II of this Comment examines what right to farm laws do, the agricultural dynamics that led to the creation ...


Modeling Canopy Effect In The Great Lakes Cladophora Model, Ankita Bakshi 2018 Michigan Technological University

Modeling Canopy Effect In The Great Lakes Cladophora Model, Ankita Bakshi

Dissertations, Master's Theses and Master's Reports

Cladophora glomerata is a filamentous green alga native to the Great Lakes. However, its nuisance growth in phosphorus rich waters negatively affects the lakes’ aesthetic and water quality. The Great Lakes Cladophora Model (GLCM) v1, developed in 1982, was the first mechanistic model to simulate Cladophora growth basing phosphorus availability and environmental conditions followed by Cladophora Growth Model and GLCM v2. In this study, the light and temperature mediation factors for Cladophora net growth are revised as a necessary step prior to the development of a self-shading algorithm. The concept of a fixed-value, maximum achievable biomass (carrying capacity) employed in ...


The Comparative Institutions Approach To Wildlife Governance, Dean Lueck 2018 Indiana University

The Comparative Institutions Approach To Wildlife Governance, Dean Lueck

Texas A&M Law Review

This Article develops a comparative institutions approach to wildlife governance by examining the property rights to the habitat and the stocks of wild populations. The approach is based on the transaction cost and property rights approach and lies primarily in the traditions of Coase, Barzel, Ostrom, and Williamson. The approach recognizes the often-extreme costs of delineation and enforcement of property rights to wild populations and their habitats; thus, all systems are notably imperfect compared to the typical neoclassical economics approach. These costs arise because wildlife habitat and wildlife populations are part of the land which has many attributes and uses ...


Agriculture And Res Ipsa Loquitur, Chad G. Marzen 2018 University of Oklahoma College of Law

Agriculture And Res Ipsa Loquitur, Chad G. Marzen

Oklahoma Law Review

No abstract provided.


The Many Sins Of Nepa, Richard A. Epstein 2018 New York University School of Law

The Many Sins Of Nepa, Richard A. Epstein

Texas A&M Law Review

Forthcoming


Unilateral Steps To End High Seas Fishing, Katrina M. Wyman 2018 New York University School of Law

Unilateral Steps To End High Seas Fishing, Katrina M. Wyman

Texas A&M Law Review

In discussions about the overexploitation of the vast oceans that lie beyond national jurisdiction, one bold proposal is to close fishing entirely on the high seas. Existing research suggests that converting the high seas into a giant reserve for fish might increase overall global fish catches by boosting fish catches within the adjoining areas of the oceans under national control. This conversion also might help to protect marine biological diversity, which is particularly important in an era of climate change. This Essay identifies the potential that the United States—a significant importer of high seas fish—might unilaterally take steps ...


A Prescription To Remedy Global Agricultural Antibiotic Resistance: An Integrated Approach, Valerie Drake 2018 University of Iowa

A Prescription To Remedy Global Agricultural Antibiotic Resistance: An Integrated Approach, Valerie Drake

Honors Theses at the University of Iowa

This study focuses on determining an effective public health policy strategy to address agricultural antibiotic resistance. The research examines domestic and international examples of governmental regulation, including the Food and Drug Administration’s regulatory release, Guidance for Industry #213 (FDA GFI #213), which concerns the use of antibiotics in industrial livestock farming in the United States, and the contrasting Danish policy and surveillance techniques. To determine the effectiveness of voluntary measures, this research assesses motivations leading to the creation of FDA GFI #213 by referencing specific legal disclaimers, document audience, and enforcement methods. Taking these results, the study cross-examines the ...


Feeding The Eco-Consumer, Alexia Brunet Marks 2018 University of Colorado Law School

Feeding The Eco-Consumer, Alexia Brunet Marks

Articles

There is a lot of talk about making our food system more “sustainable,” and eco-consumers — those who consider environmental sustainability as an important purchasing priority — are making themselves heard. This growing consumer segment is rapidly gaining national attention for moving more sustainable products to the market, and for its willingness to pay more for these options. However, while economists normally predict that higher prices lead profit-minded suppliers to enter a market to meet a new and growing demand, this transition is not occurring at the pace one would expect.

This Article argues that land tenure status — whether a farmer rents ...


Index To Volume 28, Agricultural Law Digest 2017 Iowa State University

Index To Volume 28, Agricultural Law Digest

Agricultural Law Digest

No abstract provided.


Discounts For Co-Ownership Of Real Estate, Neil E. Harl 2017 Iowa State University

Discounts For Co-Ownership Of Real Estate, Neil E. Harl

Agricultural Law Digest

Today, discounts for co-ownership of interests in real estate are available generally and that has been the case since the late 1980s.1 Earlier cases involving undivided interests in tenancy in common were not eligible for a discount.2 The Youle case with a 12 ½ percent discount, the first case to allow a discount, was soon followed by discounts of up to 20 percent and, more recently, much larger discounts. For example, the case of Estate of Williams v. Commissioner,3 The discount allowed in that Tax Court decision for a gift of undivided interests in Florida timberland for ...


Cases, Regulations And Statutes, Robert P. Achenbach Jr. 2017 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Current Legal Issues Impacting Crop Production, Kristine A. Tidgren 2017 Iowa State University

Current Legal Issues Impacting Crop Production, Kristine A. Tidgren

Proceedings of the Integrated Crop Management Conference

On March 16, 2015, the Des Moines Board of Water Works Trustees (DMWW) filed a federal Clean Water Act (CWA) lawsuit agand Calhoun). The lawsuit, which was filed in the United States District Court for the Northern District of Iowa, al leged that the supervisors, in their capacity as trustees for the drainage districts. The lawsuit, among its many demands, asked the federal court to order the drainage districts to cease “all discharges of nitrate that are not authorized by an NPDES or state operating permit.”


Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. McCalib 2017 University of Michigan Law School

Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib

Michigan Law Review

In 2015, a federal court held for the first time that the Environmental Protection Agency (“EPA”) may regulate runoff manure as a “solid waste” under the Resource Conservation and Recovery Act (“RCRA”). The holding of Community Ass’n for Restoration of the Environment, Inc. v. Cow Palace, LLC opened the gates to regulation of farms under the nation’s primary toxic waste statute. This Comment argues that, once classified as a “solid waste,” runoff manure fits RCRA’s definition of “hazardous waste” as well. This reclassification would expand EPA’s authority to monitor and respond to the nation’s tragically ...


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