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2015

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Full-Text Articles in Law

Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais Dec 2015

Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais

Daniel J Gervais

This Article considers whether the Geneva Act (2015) of the 1958 Lisbon Agreement achieved a reconciliation between the common-law approach to protecting certain GIs as trademarks and the (currently) mostly European approach of using a sui generis system to protect GIs. In “Old Lisbon” as in many parts of Europe—and perhaps more strikingly in France—GIs have deep roots in the terroir. And the terroir matters: it is not an exaggeration to say that some countries link terroir to national identity. New World producers see things differently, but they also recognize the value of geographic origin, at least for certain …


Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman Dec 2015

Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.


Exploring The Link Between Food Security And Climate Change, Kaitlin Y. Cordes Nov 2015

Exploring The Link Between Food Security And Climate Change, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Our growing global population is demanding a more resource-intensive and so-called “Western” diet. And that change in demand has drastic impact on how we must change our supply.


Raisin' Contentions: A Farmer's Grapes Of Wrath And The Ninth Circuit's Questionable Takings Analysis In Horne V. U.S. Dept. Of Agriculture, Drew S. Mcgehrin Nov 2015

Raisin' Contentions: A Farmer's Grapes Of Wrath And The Ninth Circuit's Questionable Takings Analysis In Horne V. U.S. Dept. Of Agriculture, Drew S. Mcgehrin

Villanova Environmental Law Journal

No abstract provided.


En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/10], Luis González Vaqué, Cristina Vidreras Pérez Oct 2015

En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/10], Luis González Vaqué, Cristina Vidreras Pérez

Luis González Vaqué

DOI: 10.13140/RG.2.1.4887.1766


When They Don't Want Your Corn: The Most Effective Tort Claims For Plaintiffs Harmed By Seed Companies Whose Genetically Engineered Seeds Produced More Problems Than Profits, Sarah Holm Oct 2015

When They Don't Want Your Corn: The Most Effective Tort Claims For Plaintiffs Harmed By Seed Companies Whose Genetically Engineered Seeds Produced More Problems Than Profits, Sarah Holm

Hamline Law Review

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Enhancing Biodiversity On Working Agricultural Lands Through Environmental Mitigation And Offsets: Opportunities In Australia And The United States, Matthew Roach Oct 2015

Enhancing Biodiversity On Working Agricultural Lands Through Environmental Mitigation And Offsets: Opportunities In Australia And The United States, Matthew Roach

Matthew Roach

Australia has extensive experience in managing working agricultural lands to enhance biodiversity. State and Commonwealth agencies are increasingly using environmental offsets as a tool to manage the impacts of development. However, working agricultural lands are generally not considered a source of potential environmental offsets, as agencies prefer that land used for offsets be wholly set aside for environmental management purposes with limited or no agricultural activities. This contrasts with the United States, where efforts are underway to use working agricultural lands for mitigation. This paper proposes that working agricultural lands can be used for environmental offsets under the Environment Protection …


The Safe Drinking Water / Food Law Nexus, Margot J. Pollans Oct 2015

The Safe Drinking Water / Food Law Nexus, Margot J. Pollans

Pace Environmental Law Review

At 2 AM on August 2, 2014, the Ohio Environmental Protection Agency issued the following warning to the citizens of Toledo: “Do Not Drink.” The Ohio City's tap water was contaminated with microcystin, a toxin that can cause diarrhea, vomiting, and abnormal liver function. The source was an algal bloom in Lake Erie resulting from high levels of agricultural fertilizers and animal waste. For three days, Toledo residents drank only bottled water.

This is just one of many similar examples of agricultural contamination of urban drinking water supplies. Creating a physical connection between urban and rural communities, this pollution highlights …


En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/N9], Luis González Vaqué, Cristina Vidreras Pérez Sep 2015

En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/N9], Luis González Vaqué, Cristina Vidreras Pérez

Luis González Vaqué

* Recopilación coordinada por Cristina Vidreras Pérez y Luis González Vaqué © 2015 - Para más información: mjfuster20@hotmail.com


En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/8], Luis González Vaqué, Cristina Vidreras Pérez Sep 2015

En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/8], Luis González Vaqué, Cristina Vidreras Pérez

Luis González Vaqué

* Recopilación coordinada por Cristina Vidreras Pérez y Luis González Vaqué © 2015 - Para más información: mjfuster20@hotmail.com


South Africa's Agricultural Sector Twenty Years After Democracy (1994 To 2013), Jan C. Greyling, Nick Vink, Edward Mabaya Sep 2015

South Africa's Agricultural Sector Twenty Years After Democracy (1994 To 2013), Jan C. Greyling, Nick Vink, Edward Mabaya

Professional Agricultural Workers Journal

Abstract

South Africa’s agricultural sector has undergone substantial policy reform since the dawn of democracy in 1994. Now, twenty years later, it is an opportune time to look back at this period to review key successes and failures. This article revisits South Africa’s context and policy at the start of this period, the reforms that followed, and evaluates the transformational effect (or lack thereof) on the sector. For this purpose, the article pulls from both qualitative sources and descriptive statistics to provide both a historical context and current perspective. The analysis shows that redistributive land reform and smallholder support programs …


Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs Sep 2015

Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs

Columbia Center on Sustainable Investment Staff Publications

Land rights, both for individuals and for communities, are critical for achieving sustainable development. Security of land tenure and other rights to the land (sometimes held communally rather than individually) can accelerate poverty reduction, strengthen food security, and empower women. Land rights can reduce resource conflicts, as well as encourage the responsible use of natural resources. As the UN member countries begin to implement the new Sustainable Development Goals (SDGs), they should keep land rights in their focus, and measure and protect land rights in order to achieve the SDGs.


Florida's Downtowns Are Free To Grow Local Broccoli…And Chickens (Sometimes), Sidney F. Ansbacher, Michael T. Olexa, Kathleen Maurer Sep 2015

Florida's Downtowns Are Free To Grow Local Broccoli…And Chickens (Sometimes), Sidney F. Ansbacher, Michael T. Olexa, Kathleen Maurer

Florida A & M University Law Review

The United States Supreme Court in National Federation of Independent Business v. Sebelius (Sebelius), famously invoked broccoli to limit the scope of Commerce Clause. All of the Justices used broccoli as a plot device to further their respective arguments answering whether the individual mandate to buy health insurance was constitutional. This article discusses the other end of the economic spectrum – local. We explicate Florida’s local government regulations of urban planting, growing, and selling of broccoli, as well as other fruits, vegetables, and animals. This requires a history of urban agriculture and local zoning laws before we discuss current laws …


Genetically Modified Crop Regulation: The Fraying Of America's Patchwork Farm Lands, Allison H. Scott Sep 2015

Genetically Modified Crop Regulation: The Fraying Of America's Patchwork Farm Lands, Allison H. Scott

Villanova Environmental Law Journal

No abstract provided.


Consuming Identities: Law, School Lunches, And What It Means To Be American, Melissa Mortazavi Aug 2015

Consuming Identities: Law, School Lunches, And What It Means To Be American, Melissa Mortazavi

Melissa Mortazavi

No abstract provided.


Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi Aug 2015

Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi

Melissa Mortazavi

On December 15, 2010, President Obama signed the Healthy Hunger- Free Kids Act of 2010 (HHFKA)1 into law. It was hailed as a bipartisan success and a significant reform of childhood nutrition policy. Indeed, on its surface the law appears to make a significant shift away from the food paradigm of the past. However, upon closer examination, it fails to unwind the tangled connections between domestic eating habits and longstanding farm subsidies. This Article breaks new ground in several ways: First, it is one of the first essays in the emerging and underexplored field of food law, a crosssection of …


Idaho's Ag-Gag Law Goes Down And Other States May Be Next, Stacey L. Gordon Aug 2015

Idaho's Ag-Gag Law Goes Down And Other States May Be Next, Stacey L. Gordon

Faculty Journal Articles & Other Writings

In 2014, an undercover investigator working for Mercy For Animals documented horrific animal cruelty at the Dry Creek Dairy in Hansen, Idaho. Video of the abuse was released nationally. The owners of the dairy instituted reforms and the abusers were prosecuted. But the law that was passed this time, within months of the video’s release, protects neither the animals nor the food supply, but the agriculture industry.


Western Watersheds Project V. Jewell, Hannah S. Cail Aug 2015

Western Watersheds Project V. Jewell, Hannah S. Cail

Public Land & Resources Law Review

The Idaho District Court granted WWP’s motion for summary judgment and denied those of the BLM and intervener Cattle Associations. WWP alleged the BLM failed to protect sage grouse in some 600 grazing permit decisions issued by the Burley Field Office. The court found the decisions insufficient under NEPA because the BLM did not consider the cumulative impacts of grazing permit renewals on sage grouse.


En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/7], Luis González Vaqué, Cristina Vidreras Pérez Aug 2015

En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/7], Luis González Vaqué, Cristina Vidreras Pérez

Luis González Vaqué

Para más información: mjfuster20@hotmail.com

Consultar: https://app.box.com/s/9i07fg2z1da7q327jlukk1wa7twyeuov

Véase: http://e-contrast.blogspot.com.es/2015/08/en-el-do-de-la-union-europea-registro.HTML


Developing An International Carbon Tax Regime, Steven Specht Aug 2015

Developing An International Carbon Tax Regime, Steven Specht

Steven Specht

As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …


Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley Aug 2015

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity values, ecological services and cultural values, voluntarily conserved by …


El Tribunal De Justicia De La Ue Se Pronuncia A Favor De Una Mayor Transparencia En El Acceso A Los Datos De La Aesa (Efsa), Luis González Vaqué Jul 2015

El Tribunal De Justicia De La Ue Se Pronuncia A Favor De Una Mayor Transparencia En El Acceso A Los Datos De La Aesa (Efsa), Luis González Vaqué

Luis González Vaqué

El TJUE anuló la sentencia del Tribunal General de la Unión Europea ‘ClientEarth y PAN Europe/AESA’ (T 214/11, EU:T:2013:483), así como la decisión de la Autoridad Europea de Seguridad Alimentaria (AESA) de 12 de diciembre de 2011.


En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/6], Luis González Vaqué, Cristina Vidreras Pérez Jul 2015

En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/6], Luis González Vaqué, Cristina Vidreras Pérez

Luis González Vaqué

Para más información: mjfuster20@hotmail.com


It’S The End Of The Biological Patent World As We Know It, And Consumer Watchdog Feels Fine: How Consumer Watchdog Is Attempting To Kill The Future Of Horticultural Research, George R. Holton Jul 2015

It’S The End Of The Biological Patent World As We Know It, And Consumer Watchdog Feels Fine: How Consumer Watchdog Is Attempting To Kill The Future Of Horticultural Research, George R. Holton

George R Holton

No abstract provided.


Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners Jul 2015

Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners

Andrew P. Morriss

No abstract provided.


Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners Jul 2015

Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners

Andrew P. Morriss

No abstract provided.


Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein Jul 2015

Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein

Gabriel Eckstein

Millions of farm workers nation-wide who load, mix and/or apply pesticides are exposed to incredible amounts of pesticides on a daily basis. Various inefficiencies and inconsistencies in the regulatory system - including insufficient illness reporting data systems, lack of regulatory compliance and enforcement, and inadequate data and information on the chronic effects of exposure and overexposure to various pesticides - increase the likelihood that these workers will continue to be exposed to dangerous amounts of pesticides. This Article assesses the existing mechanisms designed to protect farm workers from occupational exposure to pesticides and identifies and analyzes some of the shortcomings …


Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib Jul 2015

Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib

Seattle University Law Review

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky Jul 2015

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even …


The Dangerous Right To Food Choice, Samuel R. Wiseman Jul 2015

The Dangerous Right To Food Choice, Samuel R. Wiseman

Seattle University Law Review

Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments, but instead …