Law Commons^™

El Derecho Agrario En Los Tiempos De Crisis De La Modernidad, Lucas Abreu Barroso

Lucas Abreu Barroso

This paper intends to discuss the meaning of Agrarian Law in the intricacies of the crisis of modernity. At the same time it seeks to raise the possibility of restoring the autonomy of Law through a critical problematization of the human universe. When legal knowledge is realized by a third way based on experience and with ability to mediate the dialectic between the social self and the personal self, the primacy of the person and his dignity will be confirmed, as expressed by the affirmation of human rights and fundamental rights, which are already ethical substrates of Agrarian Law in …

Demanding Supply: The Bioenergy Farm Lease’S Critical Role In Biomass Supply Chain Optimization, A. Bryan Endres, Elise C. Scott

A. Bryan Endres

As the bioenergy industry in the U.S. expands to meet increased demands for transportation fuel under the Renewable Fuel Standard and electrical power under state Renewable Portfolio Standards, farmers will seek the ability to grow dedicated, high-yielding energy crops of a perennial nature on leased property. Given the large amount of farmland in the U.S. that is leased, such contributions will represent a significant, though currently not well understood, portion of the biofuel industry supply chain. Through the use of contracts as governance schemes, the parties to a bioenergy farm lease can navigate three key areas of such a lease: …

Science-Based Food Labels: Improving Regulations And Preventing Consumer Deception Through Limited Information Disclosure Requirements, Joshua Dhyani

Joshua Dhyani

When it comes to food, consumer choice is motivated by a myriad of factors. Evidence suggests a desire to eat a healthy diet is among the most influential of these factors. To accomplish this goal, consumers often look to food labels. Perhaps they choose the organic option, in lieu of the cheaper alternatives. If so, they could be the unwitting victims of ongoing consumer deception. Information disclosure requirements such as food labels have the potential to help improve consumer choices, be it for health, environment, or other values. However, some of the more recent trends in regulation, such as the …

The Rural Environmental Cadastre (Car) As A Tool For Environmental Regularization In Land Reform Settlements, Lucas Abreu Barroso, Guilherme Viana De Alencar

Lucas Abreu Barroso

2014 marks the 50th anniversary of the Land Statute (Law n. 4,504 / 1964). Enacted at the beginning of the military dictatorship, the Land Statute was the formula found to contain the pressure coming from rural areas which demanded a government policy based on Land Reform. Although designed primarily to distribute land in the Northern Region, after the re-democratization in 1985, peasant movements were present in the five regions of the country, showing that the struggle for land happened nationwide. According to the National Institute for Settlement and Agrarian Reform, by 2013, in Brazil 1,288,444 families were settled in the …

Brasil, Lucas Abreu Barroso

Lucas Abreu Barroso

No abstract provided.

The Farmer In Chief: Obama's Local Food Legacy, Sarah J. Morath

Sarah J Morath

As criticism over America’s food policy has grown, many scholars have offered suggestions for reform. Complementing this body of scholarship, The Farmer In Chief identifies and assesses recent changes to federal laws and policies as they affect ‘local food’ and describes local farmers’ awareness of and reaction to these changes. These changes and the farmers’ responses show greater recognition of local food by the President and federal government in three ways: increased inclusion of local food in legislation and policy discussions; increased awareness of the benefits of local food production and consumption; and increased consumer access to local food. But …

Industrial Hemp: Canada Exports, United States Imports, Courtney N. Moran Ll.M.

Courtney N. Moran LL.M.

Industrial hemp, a non-psychoactive variety of Cannabis sativa L., (C. sativa) is the greatest renewable resource available to mankind. Industrial hemp is an environmentally friendly crop that does not require herbicides or pesticides and can clean up toxins in soil. Manufacturers can produce hemp into over 25,000 products.

More than 30 industrialized nations, including Canada, cultivate industrial hemp for commercial purposes. Despite the fact that industrial hemp is a viable agricultural commodity, in the United States hemp is classified as marihuana, a Schedule I controlled substance, under the Controlled Substances Act (CSA). Therefore, it is illegal under U.S. federal law …

Food For Thought: Genetically Modified Seeds As De Facto Standard Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan G. Vacca

Ryan G. Vacca

For several years, courts have been improperly calculating damages in cases involving the unlicensed use of genetically-modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent’s status as a de facto standard essential patent. To be classified as a de facto standard essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1) dominance, …