Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- FDA (2)
- Produce Rule (2)
- "fair use" interpretation (1)
- Agribusiness (1)
- Antibiotics (1)
-
- Big Pharma (1)
- CAFOs (1)
- California Farm Bureau (1)
- Clean Air Act (1)
- Clean Water Act (1)
- Concentrated animal feeding operations (1)
- Contamination (1)
- Drug cost (1)
- FSMA (1)
- Farm concentration (1)
- Federal price subsidies (1)
- First Amendment (1)
- Food Safety Modernization Act (1)
- Food choice (1)
- Foodborne disease (1)
- Fundamental right (1)
- Health (1)
- Industrialization (1)
- Lax enforcement (1)
- Liberty of palate (1)
- Limitation of liability (1)
- NSAC (1)
- National Organic Program (1)
- National Sustainable Agriculture Coalition (1)
- Packers and Stockyards Act (1)
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
The Medical Liability Exemption: A Path To Affordable Pharmaceuticals, Carrie E. Rosato
The Medical Liability Exemption: A Path To Affordable Pharmaceuticals, Carrie E. Rosato
Florida State University Law Review
Patent monopolies are tolerated because we believe they promote progress that benefits society. What should be done when these monopolies actually increase human suffering? Drug prices in America are fifty to eighty percent higher than the rest of the world, meaning many cannot afford drugs that will improve or even save their lives. When striking a balance between the interests of the patent holder and that of the public, it is important to bear in mind that the rewards granted to patentees are secondary to the public benefit derived from their labors. The ideal solution would come from Congress creating …
The Dangerous Right To Food Choice, Samuel R. Wiseman
The Dangerous Right To Food Choice, Samuel R. Wiseman
Scholarly Publications
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.1 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 …
The Implementation Of The Food Safety Modernization Act And The Strength Of The Sustainable Agriculture Movement, Samuel R. Wiseman
The Implementation Of The Food Safety Modernization Act And The Strength Of The Sustainable Agriculture Movement, Samuel R. Wiseman
Scholarly Publications
In the wake of growing public concerns over salmonella outbreaks and other highly publicized food safety issues, Congress passed the FDA Food Safety Modernization Act in 2011, which placed more stringent standards on food growing and packaging operations. In negotiations preceding the Act's passage, farmers of local, sustainable food argued that these rules would unduly burden local agricultural operations or, at the extreme, drive them out of business by creating overly burdensome rules. These objections culminated in the addition of the Tester-Hagan Amendment to the Food Safety Modernization Act, which created certain exemptions for small farms. Proposed Food and Drug …
Scale Economies, Scale Externalities: Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu
Scale Economies, Scale Externalities: Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu
Scholarly Publications
American agriculture is inexorably concentrating into the hands of a small number of large conglomerates. Expanding farms pursuing scale economies would normally have to abide by a system of environmental and other laws that would, in theory, require farms to account for negative externalities. If those laws were observed and enforced, they would help strike a balance between the greater profitability and the larger externalities of scaling up. But these laws are not widely observed nor rigorously enforced, which upsets this balance and gives large-scale farms a cost advantage while insulating them from corresponding responsibilities.
Perhaps nowhere in agriculture is …