Pueblo Indian Water Rights: Charting The Unknown, 2017 University of New Mexico
Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes
Publications
This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve …
Guide To Land Contracts: Forestry Projects, 2017 Columbia Law School, Columbia Center on Sustainable Development
Guide To Land Contracts: Forestry Projects, International Senior Lawyers Project, Kaitlin Y. Cordes, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
Agricultural investment contracts and forestry projects can be complex, with complicated provisions that are difficult to understand. To assist non-lawyers in better understanding agricultural investment contracts, such as those available on the Open Land Contracts repository, CCSI has developed a Guide to Land Contracts: Forestry Projects.
This Guide, prepared by International Senior Lawyers Project staff and volunteers in collaboration with the Columbia Center on Sustainable Investment, aims to assist the Open Land Contracts repository users in unpacking the technical provisions and language typically found in forestry contracts in order to better understand the contracts and the potential implications of …
Shooting Stars And Dancing Fish: A Walk To The World We Want, 2017 School of the SEA, Bantayan, Cebu, Philippines
Shooting Stars And Dancing Fish: A Walk To The World We Want, Tony Oposa
Environmental Law Program Publications @ Haub Law
From the foreword by Durwood Zaelke, President, Institute for Governance & Sustainable Development, Washington, DC.
“Since the beginning of time, human knowledge and culture have been passed down through stories. Short stories, songs, prayers, poems, even paintings can stick in your mind forever. These have always been the most powerful ways we learn and remember.
Tony is not only one of the world’s greatest lawyers, he is also one of the world’s greatest storytellers.
This book, in which he generously shares his experiences, his scars, and most importantly his humanity, is Tony’s gift to generations to come.
But he does …
Legislative Sumary 2015-2016 Session, 2017 Golden Gate University School of Law
Legislative Sumary 2015-2016 Session, Assembly Committee On Agriculture
California Agencies
No abstract provided.
Unburdening The Farm: A Dormant Commerce Clause Challenge To Conflicting Standards In Agricultural Production, 2017 Mitchell Hamline School of Law
Unburdening The Farm: A Dormant Commerce Clause Challenge To Conflicting Standards In Agricultural Production, Bethany Gullman
Mitchell Hamline Law Review
No abstract provided.
Eating Is Not Political Action, 2017 University of Pittsburgh School of Law
Eating Is Not Political Action, Joshua Galperin, Graham Downey, D. Lee Miller
Articles
Food and environment are cultural stalwarts. Picture the red barn and solitary farmer toiling over fruited plains; or purple mountains majesty reflected in pristine waters. Agriculture and environment are core, distinct, American mythologies that we know are more intertwined than our stories reveal.
To create policy at the interface of such centrally important and overlapping American ideals, there are two options. Passive governance fosters markets in which participants make individual choices that aggregate into inadvertent collective action. In contrast, assertive governance allows the public, mediated through elected officials, to enact intentional, goal oriented policy.
American mythologies of food and environment …
Trust Me, I'M A Pragmatist: A Partially Pragmatic Critique Of Pragmatic Activism, 2017 University of Pittsburgh School of Law
Trust Me, I'M A Pragmatist: A Partially Pragmatic Critique Of Pragmatic Activism, Joshua Galperin
Articles
Pragmatism is a robust philosophy, vernacular hand waiving, a method of judicial and administrative decisionmaking, and, more recently, justification for a certain type of political activism. While philosophical, judicial, and administrative pragmatism have garnered substantial attention and analysis from scholars, we have been much stingier with pragmatic activism — that which, in the spirit of the 21st Century’s 140-character limit, I will call “pragtivism.” This Article is intended as an introduction to pragtivism, a critique of the practice, and a constructive framework for addressing some of my critiques.
To highlight the contours of pragtivism, this Article tells the story of …
An Ghaoth A Chriofidh An Eorna: The Moral Economy Of Ireland's Whiteboys, 1761-1787., 2017 Bard College
An Ghaoth A Chriofidh An Eorna: The Moral Economy Of Ireland's Whiteboys, 1761-1787., Connor Bartlett Mcdermott
Senior Projects Spring 2017
In 1761, the peasantry of Ireland rose in insurrection against enclosure and tithes. The initial wave of protesters were known as 'Whiteboys,' and their insurrection came to be a model for subsequent Irish agrarian redresser movements throughout the eighteenth and nineteenth century. Applying E.P. Thompson’s theory of moral economy to the practice of Whiteboyism reveals the sophisticated motives which lay behind the Whiteboy’s 18th century protests against enclosure, tithes, and middlemen in rural Ireland. Senior Project submitted to The Division of Social Studies of Bard College.
Principles Limiting Recovery Against Undercover Investigators In Ag-Gag States: Law, Policy And Logic, 50 J. Marshall L. Rev. 649 (2017), 2017 UIC School of Law
Principles Limiting Recovery Against Undercover Investigators In Ag-Gag States: Law, Policy And Logic, 50 J. Marshall L. Rev. 649 (2017), Sarah Hanneken
UIC Law Review
This Comment explores the history and purpose of ag-gag legislation as well as its constitutional shortcomings, particularly with regard to damages. Using North Carolina’s recent ag-gag efforts to silence whistleblowers as an effective case study, this Comment explains how free-speech protections, public policy, and causation principles all limit the monetary damages recoverable against undercover investigators. It begins in Part II with a history of undercover investigations and their role in confronting systemic exploitation within various industries. It then describes how these industries have responded to the unwanted attention by turning to the courts and legislatures for redress. It is in …
An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, 2017 Mitchell Hamline School of Law
An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler
Mitchell Hamline Law Review
No abstract provided.
The Effect Of Agricultural Fence Lines On Minnesota Adverse Possession Claims: A Family Legacy, 2017 Mitchell Hamline School of Law
The Effect Of Agricultural Fence Lines On Minnesota Adverse Possession Claims: A Family Legacy, Jonathan D. Wolf
Mitchell Hamline Law Review
No abstract provided.
Moving In Opposite Directions? Exploring Trends In Consumer Demand And Agricultural Production, 2017 Mitchell Hamline School of Law
Moving In Opposite Directions? Exploring Trends In Consumer Demand And Agricultural Production, Susan A. Schneider
Mitchell Hamline Law Review
No abstract provided.
Data Privacy And Protection In The Agriculture Industry: Is Federal Regulation Necessary?, 2017 University of Minnesota Law School
Data Privacy And Protection In The Agriculture Industry: Is Federal Regulation Necessary?, Jody L. Ferris
Minnesota Journal of Law, Science & Technology
No abstract provided.
Farming And Eating, 2017 Elisabeth Haub School of Law at Pace University
Farming And Eating, Margot J. Pollans
Elisabeth Haub School of Law Faculty Publications
This essay argues that the “us versus them” rhetoric that dominates food and agriculture policy today drives a wedge between farmers and food consumers. Together, farmers and food consumers could form a powerful coalition to challenge the true obstacle to sustainable and equitable food production: concentration of market and political power elsewhere along the food chain.
Blood Biofuels, 2017 Barry University
Pasture To Package: Ensuring Food Safety Compliance And Animal Welfare Integrity In Grass-Fed Beef Production, 2017 Mitchell Hamline School of Law
Pasture To Package: Ensuring Food Safety Compliance And Animal Welfare Integrity In Grass-Fed Beef Production, Lauren Manning
Mitchell Hamline Law Review
No abstract provided.
Immovable-Associated Equipment Under The Draft Mac Protocol: A Sui Generis Challenge For The Cape Town Convention, 2017 German Graduate School of Management and Law
Immovable-Associated Equipment Under The Draft Mac Protocol: A Sui Generis Challenge For The Cape Town Convention, Benjamin Von Bodungen, Charles W. Mooney Jr.
All Faculty Scholarship
UNIDROIT is in the process of adopting a fourth Protocol under the umbrella of the Cape Town Convention, the MAC Protocol, which will cover mining, agricultural and construction equipment. This article addresses a challenge faced by the MAC Protocol that was not encountered in the development of the previous Protocols - the potential for MAC equipment to be associated with immovable property in ways that result in the holder of an interest in the immovable property acquiring an interest in the associated MAC equipment under the law of the State in which the immovable property is located. The article first …
Value Hypocrisy And Policy Sincerity: A Food Law Case Study, 2017 University of Pittsburgh School of Law
Value Hypocrisy And Policy Sincerity: A Food Law Case Study, Joshua Galperin
Articles
It is tempting to say that in 2017 there is a unique problem of hypocrisy in politics, where words and behaviors are so often in opposition. In fact, hypocrisy is nothing new. A robust legal and psychological literature on the importance of procedural justice demonstrates a longstanding concern with developing more just governing processes. One of the important features of this scholarship is that it does not focus only on the consequences of policymaking, in which behaviors, but not words, are relevant. Instead, it respects the intrinsic importance of fair process, lending credence not only to votes but also to …
Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, 2016 Faculty of Law, Universitas Indonesia, Indonesia
Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini
Indonesia Law Review
Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “tanah ulayat” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced …
The Unfortunate Role Of Farm Subsidies As A Stimulus For Inequality And Obesity, 2016 Bowling Green State University
The Unfortunate Role Of Farm Subsidies As A Stimulus For Inequality And Obesity, Neil M. Browne, Facundo Bouzat, Justin Rex, Joseph Seipel
Economics Faculty Publications
Governmental expenditures are directed at a particular objective, but their effects have consequences far beyond the named target of the expenditures. Specific farm subsidies, for example, encourage consumption of particular foods by reducing the costs of producing these foods. To what extent do these subsidies affect the American obesity epidemic? How do the subsidies create disparate negative effects on those in poverty? Exploring these questions stimulates us to take greater care when designing legislation to take a broader look at the stakeholders affected by any particular governmental expenditure.