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Full-Text Articles in Law
Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe
Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe
Journal of Food Law & Policy
Why is the relationship between our food system and federalism important to American law and health? It is important simply because federal law controls the American food system. This essay considers how federal law came to structure our food system, and suggests that though food is an essential part of our national economy, the dominating role of the federal government alienates citizens from their food system. It does so by characterizing food as a primarily economic issue, rather than one that has ethical, health, and cultural components. However, state and local governments have much to offer in terms of broadening …
Under-Regulation In The State Prison Food System: Consequences And A Proposal For Change, Michael D. Mckirgan
Under-Regulation In The State Prison Food System: Consequences And A Proposal For Change, Michael D. Mckirgan
Journal of Food Law & Policy
While federal and state government regulations have become commonplace in almost every conceivable facet of the modem American lifestyle, the prison food system has inconspicuously remained underregulated despite the progress made by the prisoners' rights movement in other areas. Legislatures in most states generally leave prison food regulation to the sole discretion of prison administrators, resulting in a "laissez-faire approach" in the prison food system; an anachronism in contemporary America. Some states' prison systems do in fact self regulate to an adequate degree despite this under-regulation, while others participate in voluntary, nongovernmental prison accreditation programs. However, many states and localities …
Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni
Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni
William & Mary Environmental Law and Policy Review
No abstract provided.
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
ExpressO
Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …
Extent And Limits Of Federal Power [Outline], George A. Gould
Extent And Limits Of Federal Power [Outline], George A. Gould
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
3 pages.