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Full-Text Articles in Law

Combating Of Child Labor In Agriculture: Criticism Of Existing Standards And Role Of Transnational Corporations, Irina Feofanova Jan 2009

Combating Of Child Labor In Agriculture: Criticism Of Existing Standards And Role Of Transnational Corporations, Irina Feofanova

Irina Feofanova

According to International Labour Organization (ILO) statistics, more than 70 percent of all child laborers work in agriculture. From tending cattle, harvesting crops, to handling machinery or holding flags to guide planes spraying pesticides, more than 132 million girls and boys, aged 5 to 14, help produce much of the food and drink people consume, as well as fibers and primary agricultural materials. ILO also notes that, of course, the numbers vary from country to country but it is estimated that at least 90 percent of economically active children in rural areas in developing countries are working in agriculture. However, …


Hedging To Safety: A Political Economy Of Derivatives, Risk And Agriculture In The Developing World, Sasha Coler Breger Bush Jan 2009

Hedging To Safety: A Political Economy Of Derivatives, Risk And Agriculture In The Developing World, Sasha Coler Breger Bush

Electronic Theses and Dissertations

It has become common for researchers and international development institutions to recommend the use of derivative instruments to developing country farmers and policymakers as a means of insuring agricultural incomes against the threats posed by volatile global commodity prices. Despite such enthusiasm, very little research to date examines whether or not derivative instruments actually can deliver income support to agricultural producers who face commodity price risk. This dissertation evaluates these recommendations, focusing upon the potential income security benefits of hedging with futures instruments for coffee farmers in Mexico, Brazil and Uganda during the 1998-2002 coffee crisis. The three-part quantitative and …


Agenda: Evolving Regional Frameworks For Ag-To-Urban Water Transfers, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Western Water Assessment (Program), Red Lodge Clearinghouse Dec 2008

Agenda: Evolving Regional Frameworks For Ag-To-Urban Water Transfers, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Western Water Assessment (Program), Red Lodge Clearinghouse

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

The permanent transfer of water from agricultural users to municipalities has become a common feature of water management in several western states. In many cases, these voluntary market‐based transfers provide significant benefits to both the buyers and sellers, but many third parties—including remaining irrigators, rural businesses and communities dependent upon agricultural economies—have been negatively impacted. While some impacts of these so‐called “buy and dry” transfers are largely unavoidable, many can be lessened by temporary arrangements that only shift water to cities in years when municipal supplies are inadequate, such as drought and post‐drought storage recovery, and by consolidating individual farm‐to‐city …


Slides: Pvid/Mwd Land Management, Crop Rotation And Water Supply Program, Ed Smith Dec 2008

Slides: Pvid/Mwd Land Management, Crop Rotation And Water Supply Program, Ed Smith

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Ed Smith, General Manager, Palo Verde Irrigation District, Southern California

25 slides


Slides: Lower Arkansas Valley Super Ditch Company, Inc.: Water Leasing Program, Peter Nichols Dec 2008

Slides: Lower Arkansas Valley Super Ditch Company, Inc.: Water Leasing Program, Peter Nichols

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Peter Nichols, General Counsel of the Lower Arkansas Valley “Super Ditch” Company, Trout, Raley, Montano, Witwer & Freeman PC, Colorado

33 slides


Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby Dec 2008

Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Jerry Rigby, Counsel for Fremont‐Madison Irrigation District, Rigby, Thatcher, Andrus, Rigby & Moeller, Idaho

25 slides


The Environmental Effects Of Cruelty To Agricultural Animals, Kyle H. Landis-Marinello Jan 2008

The Environmental Effects Of Cruelty To Agricultural Animals, Kyle H. Landis-Marinello

Michigan Law Review First Impressions

Laws criminalizing animal abuse should apply to the agricultural industry. When we exempt the agricultural industry from these laws, factory farms increase production to unnaturally high levels. This increased production causes devastating environmental effects, such as climate change, water shortages, and the loss of topsoil. In light of these effects, the law needs to do much more to regulate the agricultural industry, and the first step should be to criminalize cruelty to agricultural animals. This would force the industry to slow down production to more natural levels that are much less harmful to the environment.


One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton Jan 2008

One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton

Michigan Law Review First Impressions

The lawsuit pitting the New Jersey Society for the Prevention of Cruelty to Animals against the New Jersey Department of Agriculture brings into sharp focus the issue of animal rights versus animal welfare that has been dividing animal activists, farmers, and society for decades. On one side are proponents of animal rights—a set of rights articulated by humans but granted to animals to govern how we treat them. For many believers this includes the right not to be owned and certainly not to be eaten. On the other side are proponents of animal welfare—also a set of human derived standards …


"It's The Right Thing To Do": Why The Animal Agriculture Industry Should Not Oppose Science-Based Regulations Protecting The Welfare Of Animals Raised For Food, Angela J. Geiman Jan 2008

"It's The Right Thing To Do": Why The Animal Agriculture Industry Should Not Oppose Science-Based Regulations Protecting The Welfare Of Animals Raised For Food, Angela J. Geiman

Michigan Law Review First Impressions

Since the beginning of history, people have used farm animals to assist with their work and to provide a source of food. These agricultural pursuits were not questioned; rather, they were a widely-accepted way of life. In fact, many people still say that the very purpose of livestock on this Earth is to provide these resources for mankind. As for the proper way to treat our livestock, we commonly hear farmers and livestock producers make comments like, “If we take care of the animals, they will take care of us,” and, “We treat our animals well because that’s just good …


A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt Jan 2008

A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt

Michigan Law Review First Impressions

“I need the public to understand that my office takes all cases involving animal cruelty very seriously . . . [and i]t doesn’t matter whether the mistreated animal is a beloved family pet or a cow at a slaughterhouse. Unnecessary cruelty will not be tolerated and will be prosecuted to the fullest extent allowed by law.” San Bernardino County District Attorney Michael A. Ramos (February 15, 2008) One morning in January 2008, images of horrific animal cruelty were blasted by Internet, television, and print media throughout the country. The story was all the more shocking in that the animals at …


Animal Ethics And The Law, Bernard Rollin Jan 2008

Animal Ethics And The Law, Bernard Rollin

Michigan Law Review First Impressions

Everyone reading this Article is doubtless aware of the woeful lack of legal protection for farm animals in the United States. Not only do the laws fail to assure even a minimally decent life for the majority of these animals, they do not provide protection against the most egregious treatment. As both a philosopher who has helped articulate new emerging societal ethics for animals, and as one who has successfully developed laws embodying that ethic—notably the 1985 federal laws protecting laboratory animals—I will stress the direction we need to move in the future to enfranchise farm animals. I have seen …


An Argument For The Basic Legal Rights Of Farmed Animals, Steven M. Wise Jan 2008

An Argument For The Basic Legal Rights Of Farmed Animals, Steven M. Wise

Michigan Law Review First Impressions

The most abused beings in the United States are those whom we raise and kill for food. The numbers of dead are staggering. Most are victims of the severe and almost entirely unregulated practices that Americans permit on their factory farms. According to the United States Department of Agriculture’s National Agricultural Statistics Service, in 2007, a total of 10.4 billion land-based animals were killed by the American food industry. These included 9.4 billion broiler chickens, 450 million laying hens, 317 million turkeys, 121 million pigs, 39 million bovines, 28 million ducks, 10 million rabbits, and 4 million sheep and goats—fifty …


Farms And Ecosystem Services, J.B. Ruhl Jan 2008

Farms And Ecosystem Services, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Over the past decade two themes have emerged as organizing principles in natural resources policy. One, ecosystem management, builds a framework for landscape–level decision making (Christensen et al. 1996). The other, ecosystem services, opens a new dimension for thinking about what we hope to achieve through ecosystem management (Daily 1997; Costanza et al. 1997). The convergence of these two themes has become a driving force behind the concept of agricultural multifunctionality, the idea that farms can have multiple outputs—not just commodities—and thus can contribute to several societal objectives simultaneously (Jordan et al. 2007; OECD 2001).


A Prairie Perspective On Global Warming And Climate Change: The Use Of Law, Technology, And Economics To Establish Private Sector Markets To Compliment Kyoto, Ronald C. Griffin Jan 2008

A Prairie Perspective On Global Warming And Climate Change: The Use Of Law, Technology, And Economics To Establish Private Sector Markets To Compliment Kyoto, Ronald C. Griffin

Journal Publications

We are in the midst of an environmental calamity that few perceive as grave. The climate is changing. Civilization is suffering. One person can do little to cope with these problems on a global scale. But farmers can do something about their farming operations to contribute less to climate change.

Today, two percent of the population feeds us. With mechanical advancements, new farm machinery, innovative practices, products, commodities, securities, and markets folk can do something to reward farmers for their efforts to slow the pace of climate change.


Animal Cruelty Laws And Factory Farming, Joseph Vining Jan 2008

Animal Cruelty Laws And Factory Farming, Joseph Vining

Michigan Law Review First Impressions

“Should laws criminalizing animal abuse apply to animals raised for food?” The answer is yes, and yes especially because farm animals are generally now under the control of business corporations. State and federal criminal law have proved critical in modifying corporate policy and practice in other areas, a current example being worker safety. Criminal liability today would include criminal liability of the corporate entity itself, and would thus also introduce the most effective regulation of individual handling of farm animals—regulation by the corporation, which has methods and resources public agencies cannot match. We have a background public policy of humane …


The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James C. Smith Nov 2006

The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James C. Smith

Scholarly Works

In Part I of this Article, we apply the Coase Theorem and its most useful corollary to the problem of pollen drift. We conclude that the liability of pollen polluters should be governed by balancing rules against nuisance law, to be applied on a case-by-case basis, rather than by a blanket liability or immunity rule. We also conclude that truly bystanding non-GMO farmers should have a viable defense to patent infringement because liability would result in the application of a reverse Pigovian tax that cannot be justified under accepted economic theory. Only a contextual approach can account for the wide …


The Polluter Pays Principle In European Community And Its Impact On United Kingdom Farmers, Michael Cardwell Jan 2006

The Polluter Pays Principle In European Community And Its Impact On United Kingdom Farmers, Michael Cardwell

Oklahoma Law Review

No abstract provided.


The Polluter Pays Principle In Canadian Agriculture, Marie-Ann Bowden Jan 2006

The Polluter Pays Principle In Canadian Agriculture, Marie-Ann Bowden

Oklahoma Law Review

No abstract provided.


Safe Air For Everyone V. Meyer: Weeding Through The Resource Conservation And Recovery Act's Definition Of Solid Waste, Katherine E. Senior Jan 2006

Safe Air For Everyone V. Meyer: Weeding Through The Resource Conservation And Recovery Act's Definition Of Solid Waste, Katherine E. Senior

Villanova Environmental Law Journal

No abstract provided.


Agricultural Trade And Developing Countries, Carmen G. Gonzalez Dec 2005

Agricultural Trade And Developing Countries, Carmen G. Gonzalez

Carmen G. Gonzalez

This article reviews Global Agricultural Trade and Developing Countries, edited by M.A. Aksoy & J.C. Beghin (Washington DC: World Bank, 2004). The book examines key issues in agricultural trade policy that are of particular significance to developing countries. The book’s strength is its painstaking research and detailed and exhaustive analysis of agricultural trade and production policies in a variety of countries and across a variety of commodities. The book provides a clear explanation of the market distortions caused by agricultural protectionism and of the distributional impacts of agricultural trade liberalization. The book’s weakness is its failure to integrate its analysis …


The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz Jan 2005

The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz

UF Law Faculty Publications

As far back as David Ricardo's shattering insight as to comparative advantage in 1817, agriculture has enjoyed special favor in trade. The unique place of farming was so well established by the time the 1947 General Agreement on Tariffs and Trade ("GATT") was negotiated that GATT's tight disciplines on government interference with free trade not only exempted government protections to growers, but in fact were drafted to be fully consistent with the agricultural policies of the major signatories. While it would be an exaggeration to argue that GATT' s first half century was without impact on agricultural benefits, the sector …


A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White Jan 2004

A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White

Publications

No abstract provided.


Borden Ranch Partnership V. U.S. Army Corps Of Engineers: A Barge In A Bucket - May Isolated Wetlands Be Considered Navigable Waters Under The Cwa, Adam Gerber Jan 2004

Borden Ranch Partnership V. U.S. Army Corps Of Engineers: A Barge In A Bucket - May Isolated Wetlands Be Considered Navigable Waters Under The Cwa, Adam Gerber

Villanova Environmental Law Journal

No abstract provided.


Agenda: Coalbed Methane Development In The Intermountain West, University Of Colorado Boulder. Natural Resources Law Center Apr 2002

Agenda: Coalbed Methane Development In The Intermountain West, University Of Colorado Boulder. Natural Resources Law Center

Coalbed Methane Development in the Intermountain West (April 4-5)

306 p. : ill., maps ; 28 cm

"July 2002"--Cover

Proceedings of a conference held April 4-5, 2002

Listed as no. 28 in the Research Report Series on the NRLC Recent Publications list

Includes bibliographical references

Contents:

Coalbed methane development in the Intermountain West : a primer / Gary Bryner -- Coalbed methane development in the Intermountain West : case studies. Coalbed methane in the San Juan Basin of Colorado and New Mexico / Catherine Cullicott, Carolyn Dunmire, Jerry Brown, Chris Calwell ; Coalbed methane development in Wyoming's Powder River Basin / Diana Hulme -- Keynote address / Rebecca Watson …


Sustainable Agriculture: Do Gmos Imperil Biosafety?, Lakshman D. Guruswamy Apr 2002

Sustainable Agriculture: Do Gmos Imperil Biosafety?, Lakshman D. Guruswamy

Indiana Journal of Global Legal Studies

No abstract provided.


Agriculture And The Environment: Three Myths, Three Themes, Three Directions, J.B. Ruhl Jan 2002

Agriculture And The Environment: Three Myths, Three Themes, Three Directions, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on agri-environmental policy from these myths, the discussion of goals and policy instruments will remain mired.


Information Based Regulation And International Trade In Genetically Modified Agricultural Products: An Evaluation Of The Cartagena Protocol On Biosafety, Michael P. Healy Jan 2002

Information Based Regulation And International Trade In Genetically Modified Agricultural Products: An Evaluation Of The Cartagena Protocol On Biosafety, Michael P. Healy

Law Faculty Scholarly Articles

This Article considers the regulation of international trade in genetically modified agricultural products. Specifically, it addresses both products released into the environment as seeds and products intended for consumption as food. The first part of the Article describes the significance of genetically modified organisms (GMOs) in modem agriculture, especially agriculture in the United States. This discussion summarizes the risks and potential benefits associated with the use of agricultural GMOs, especially the risks and benefits related to biodiversity. The Article then briefly describes the approaches to the regulation of these products adopted in the

Cartagena Protocol to the Convention on Biological …


Biotechnology And Agriculture: The Common Wisdom And Its Critics, Mark Sagoff Oct 2001

Biotechnology And Agriculture: The Common Wisdom And Its Critics, Mark Sagoff

Indiana Journal of Global Legal Studies

No abstract provided.


Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji Oct 2001

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Indiana Journal of Global Legal Studies

No abstract provided.


Introduction: Syncopated Sustainable Development (Sustainable Development, Agriculture, And The Challenge Of Genetically Modified Organisms Symposium), John S. Applegate, Alfred C. Aman Oct 2001

Introduction: Syncopated Sustainable Development (Sustainable Development, Agriculture, And The Challenge Of Genetically Modified Organisms Symposium), John S. Applegate, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.