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Articles 31 - 60 of 72
Full-Text Articles in Law
The Blight Of The Bumblebee: How Federal Conversation Efforts And Pesticide Regulations Inadequately Protect Invertebrate Pollinators From Pesticide Toxicity, Emily Helmick
Journal of Food Law & Policy
This article explores the Endangered Species Act's conservation efforts towards the Rusty-Patched Bumblebee as a case study that highlights the gaps in protections afforded to invertebrate pollinators. It focuses on how the law does not adequately protect endangered invertebrate pollinators from inadvertent pesticide poisoning and introduces the threat that this poses to our food system.
Muddying The Waters: Catfish Inspection Authority Transitions To The Food Safety And Inspection Service, Michelle Johnson-Weider
Muddying The Waters: Catfish Inspection Authority Transitions To The Food Safety And Inspection Service, Michelle Johnson-Weider
Journal of Food Law & Policy
The Food and Drug Administration regulates the safety and labeling of almost all food in the United States other than meat, poultry, and egg products, which fall under USDA’s Food Safety and Inspection Service (FSIS). Effective September 1, 2017, FSIS assumed inspection responsibility for catfish after years of Congressional lobbying by the small domestic catfish industry. This article examines how this unlikely legislative victory was won against free trade advocates representing much larger economic interests.
The Role Of Non-Profit Organizations In Shaping Food Law And Corporate Responsibility In The United States, Melissa M. Card
The Role Of Non-Profit Organizations In Shaping Food Law And Corporate Responsibility In The United States, Melissa M. Card
Journal of Food Law & Policy
This article assesses whether the United States should adopt an institutional process similar to Europe’s through giving non-profit organizations a role in shaping food law and corporate responsibility. Part I provides a comparative analysis of genetically engineered product regulations in the US and the EU. Part II explains how the institutional processes of the US and the EU led to the varying regulations. Part III asserts that the United States should change its institutional process through allowing public universities and private colleges to influence food law and corporate responsibility.
The Fda's Guidance On Dietary Supplement Naming And The Emperor's New Clothes, Neal D. Fortin
The Fda's Guidance On Dietary Supplement Naming And The Emperor's New Clothes, Neal D. Fortin
Journal of Food Law & Policy
In 2016 the FDA revised the agency’s guidance on dietary supplement labeling. This modification permits the term “dietary supplement” be the entire statement of identity for a dietary supplement. This is an error in the interpretation of the plain language of the Food, Drug, and Cosmetic Act, the plain language of 21 C.F.R. § 101.3(g); and does not comport with numerous rules of statutory interpretation. Moreover, this change violates the Administrative Procedures Act and the FDA’s rules on notice and comment. This change is a disguised rescission of 21 C.F.R. § 101.3(g) without a proper opportunity for the public to …
Food Law & Policy: An Essential Part Of Today's Legal Academy, Emily M. Broad Leib, Baylen J. Linnekin
Food Law & Policy: An Essential Part Of Today's Legal Academy, Emily M. Broad Leib, Baylen J. Linnekin
Journal of Food Law & Policy
This Article updates the authors’ seminal 2014 Wisconsin Law Review article, "Food Law & Policy: The Fertile Field’s Origins and First Decade," which was the first scholarly work to detail the fascinating origins and explosive growth of the legal field of Food Law & Policy. Using the same ten criteria the authors developed to measure the growth of Food Law & Policy for the 2014 article, this Article measures and details the field’s impressive growth since that time.
School Of Law Faculty And Professional Staff, Journal Editors
School Of Law Faculty And Professional Staff, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Editoral Board, Journal Editors
Contents, Journal Editors
Journal Of Food Law & Policy - Fall 2017, Journal Editors
Journal Of Food Law & Policy - Fall 2017, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Low-Income Fathers, Adoption, And The Biology Plus Test For Paternal Rights, Lacey Johnson
Low-Income Fathers, Adoption, And The Biology Plus Test For Paternal Rights, Lacey Johnson
Arkansas Law Review
No abstract provided.
Originalism’S Claims And Their Implications, André Leduc
Originalism’S Claims And Their Implications, André Leduc
Arkansas Law Review
In this article I explore six of the most fundamental disagreements between originalism and its critics over originalism’s implications. These implications—and the implications of the critics’ alternatives—figure prominently in the arguments advanced in the debate. Reconstructing these arguments in their strongest possible form permits the confusion and misdirection in the debate over originalism to emerge. First, originalism argues that it best comports with our republican democracy. Judicial review, performed by unelected judges with lifetime appointments, may appear inconsistent with the fundamental principles of our democratic republic. Originalism argues that deference to the original understandings or expectations with respect to the …
Citation Literacy, Alexa Z. Chew
Citation Literacy, Alexa Z. Chew
Arkansas Law Review
Citation literacy is the ability to read and write citations.[1] That’s it. The rest of this article will unpack what’s in those ten words and why they matter.
Solving Sewer Service: Fighting Fraud With Technology, Adrian Gottshall
Solving Sewer Service: Fighting Fraud With Technology, Adrian Gottshall
Arkansas Law Review
Fraudulently obtained default judgments ruin lives. Many defendants are ignorant of their cases and therefore do not ap-pear for court. Defendants suffer dire consequences as victims of falsified service of process. They learn of their lawsuits after their wages are garnished, assets seized, or when their poor credit precludes them from obtaining housing or a new job. For decades, fraudulent service of process has been wide-spread in high volume court dockets, such as landlord and ten-ant, debt collection, and small claims matters. Judgments granted to the debt collector plaintiff disproportionately affect low-income communities of color. Some plaintiffs obtained such judgments …
Aldf V. Otter: What Does It Mean For Other State’S “Ag-Gag” Laws?, Jacob Coleman
Aldf V. Otter: What Does It Mean For Other State’S “Ag-Gag” Laws?, Jacob Coleman
Journal of Food Law & Policy
Across the nation, states have enacted “Ag-gag” laws that criminalize various types of investigations into animal cruelty and worker abuses in the chain of animal agriculture. This article divides the types of “ag-gag” statutes into four waves with varying degrees of protection for farmers and corporations engaged in animal agriculture. Next, this article analyzes Animal Legal Defense Fund v. Otter, in which an Idaho judge struck down an “ag-gag” statute, and applies its holding to the various waves of “ag-gag” statutes.
Farmers Market Rules And Policies: Content And Design Suggestions (From A Lawyer), Jay A. Mitchell
Farmers Market Rules And Policies: Content And Design Suggestions (From A Lawyer), Jay A. Mitchell
Journal of Food Law & Policy
Farmers market rules and policies can set out what products can be sold, how vendors are selected, what’s expected of vendors from growing practices to signage to paperwork, and how vendors are disciplined or removed from the market. Rules and policies can do even more, adding to their length and complexity. The landscape gets even more complex when the rules are accompanied by separate vendor applications, hold-harmless agreements, membership materials, and the market has a website providing additional information. All this can put a quite a reading burden on vendors and quite a management burden on the market. This article …
An Interview With Outgoing Secretary Of Agriculture Tom Vilsack: Reflections On His Legacy & Challenges Facing A New Era In American Agriculture Policy, Lauren Manning
Journal of Food Law & Policy
In a special interview with Lauren Manning, former Secretary of Agricultural Tom Vilsack reflects on his eight-year tenure at the Department of Agriculture (USDA). Sec. Vilsack discusses such issues as the farm bill, opportunities for beginning and disadvantaged farmers, and trade. In addition to recounting the successes of the Obama administration’s USDA, Sec. Vilsack explains his hopes for the incoming Secretary of Agriculture and the Trump administration.
Food Labor And The Trump Administration: A Grim Prognosis, Erik Loomis
Food Labor And The Trump Administration: A Grim Prognosis, Erik Loomis
Journal of Food Law & Policy
Farm laborers made few gains under the Obama administration; however, food workers received some benefit under the Obama’s Secretary of Labor, Tom Perez. Unfortunately, any gains for food workers will likely be rolled back under the Trump administration through both his cabinet appointments and judicial appointments. This essay predicts a strengthening of “ag-gag” bills and a weakening of Occupational Safety and Health Agency (OSHA). President Trump’s attacks on immigration and regulations also signal fewer workers’ rights in the fields and less accountability of exploitative employers.
Trump’S New Trade Policy: Risks For North American Food And Farms, Karen Hansen Kuhn
Trump’S New Trade Policy: Risks For North American Food And Farms, Karen Hansen Kuhn
Journal of Food Law & Policy
In his presidential campaign, Trump promised to build a “great, great wall”, and he promised to renegotiate the terms of the North American Free Trade Agreement (NAFTA), leaving open the possibility of pulling out entirely. There are many concerns with NAFTA as it currently exists and there are many areas in which renegotiation would be welcome. This essay argues, however, the Trump administration’s loyalties to big business could hinder positive change. If NAFTA is significantly renegotiated, it should be with farmer and consumer interests in mind, not those of multinational corporations.
Implementing The National Bioengineered Food Disclosure Standard, Lesley K. Mcallister
Implementing The National Bioengineered Food Disclosure Standard, Lesley K. Mcallister
Journal of Food Law & Policy
In July 2016, the National Bioengineered Food Disclosure Law was passed to establish a mandatory national system for disclosing the presence of genetically-engineered material in food (GMOs). The federal law preempts state and local initiatives to create labeling systems. This essay first analyzes the benefits and drawbacks of having a national GMO law rather than a patchwork of state laws. Then it provides commentary on how the USDA can create an effective and accessible labeling system, using scannable Quick Response (QR) codes.. The essay envisions a retail food system in which all consumers can easily and usefully obtain reliable information …
Organic Agriculture Under The Trump Administration, Marne Coit
Organic Agriculture Under The Trump Administration, Marne Coit
Journal of Food Law & Policy
This essay will examine the implications of the policies of the upcoming Trump administration on the integrity of the National Organic Program (NOP), the regulations promulgated under the Organic Foods Production Act (OFPA). Advocates fears of weakening organic standards are likely to become reality under the Trump administration. Support for organic may be dependent on high returns for large agricultural producers. However, there is a negative correlation between larger agri-businesses entering the organic market and the erosion of the organic standards. The Trump administration will likely continue down the path of supporting larger agribusinesses—to the detriment of not only smaller, …
Eating Is Not Political Action, Joshua Galperin, Graham Downey, D. Lee Miller
Eating Is Not Political Action, Joshua Galperin, Graham Downey, D. Lee Miller
Journal of Food Law & Policy
To create policy at the interface of the centrally important and overlapping American ideals of agriculture and the environment, there are two options. Passive governance fosters markets in which participants make individual choices that aggregate into inadvertent collective action. In contrast, assertive governance allows the public, mediated through elected officials, to enact intentional, goal-oriented policy. This essay contends that the latter option, assertive governance, is the only appropriate means of creating harmony between agriculture and the environment it depends upon.
Farming And Eating, Margot J. Pollans
Farming And Eating, Margot J. Pollans
Journal of Food Law & Policy
There has long been tension between rural and urban communities, often referred to as the urban-rural divide. Donald Trump’s presidential campaign has exacerbated this divide. However, urban and rural groups rely on each other; farmers need eaters in densely populated areas for markets and eaters need farmers for food. In recognition of this codependency, this essay proposes a coalition of farmers, food consumers, and environmentalists to lead agricultural policy and stop the divide between farming and eating.
Will The Trump Administration Support Farmers Facing Fsma Compliance?, Sophia Kruszewski
Will The Trump Administration Support Farmers Facing Fsma Compliance?, Sophia Kruszewski
Journal of Food Law & Policy
In keeping with Donald Trump’s campaign promises of cutting burdensome regulations, this essay recommends two Food Safety Modernization Act (FSMA) regulations that should be removed or altered. The two regulations are for irrigation water quality standards and third-party audits. This essay argues that these regulations are unnecessary in keeping with the goals of FSMA and are burdensome for farmers of all scales, but especially small and very small scale farmers.
Antitrust In Food And Farming Under President Trump, Leah Douglas
Antitrust In Food And Farming Under President Trump, Leah Douglas
Journal of Food Law & Policy
Corporate powers are proposing mega mergers in almost every sector of agriculture. This essay explores how President Trump can keep his campaign promises to protect rural voters by strengthening the weakening enforcement of antitrust doctrines; specifically through the Grain Inspection, Packers and Stockyards Administration (GIPSA) and reinstating the Country of Origin Labeling (CoOL) of meat products.
Possibilities For Farm Policy In A Trump Era, Stephen Carpenter, Kirsten Valentine Cadieux
Possibilities For Farm Policy In A Trump Era, Stephen Carpenter, Kirsten Valentine Cadieux
Journal of Food Law & Policy
This essay addresses options for the Trump administration in promoting a modern, sustainable, and inclusive agricultural system. This essay considers what might be achieved while the Trump administration stays committed to its goals, espoused throughout the Trump campaign. The particularly relevant goals affecting the administration’s agricultural policy are shrinking government, decreasing the number of illegal immigrants, and renegotiating free trade.
Fomenting Democracy: The Case For Federal – Local Cooperation, Marilyn Sinkewicz, Jess Gilbert, Calvin Head
Fomenting Democracy: The Case For Federal – Local Cooperation, Marilyn Sinkewicz, Jess Gilbert, Calvin Head
Journal of Food Law & Policy
This essay profiles a program in a rural, black Mississippi community called Youth-in-Agriculture. This case study of Mileston, Mississippi depicts the collaborative efforts of the federal government and community organizations through nearly a century. This essay also describes the ways in which the Trump administration could most support agricultural communities like Mileston, MS.
Food Justice In The Trump Age: Priorities For Urban Food Advocates, Nevin Cohen, Janet Poppendieck, Nicholas Freudenberg
Food Justice In The Trump Age: Priorities For Urban Food Advocates, Nevin Cohen, Janet Poppendieck, Nicholas Freudenberg
Journal of Food Law & Policy
This essay outlines priorities for food advocates following the election of President Donald Trump. Specifically, this essay advocates for: 1. preservation of snap, 2. prevention of industry deregulation, and 3. sustainment of regional food systems. In its analysis, this essay examines each of the potential conservative-back counter proposals for these priorities.
After The White House Garden: Food Justice In The Age Of Trump, Garrett M. Broad
After The White House Garden: Food Justice In The Age Of Trump, Garrett M. Broad
Journal of Food Law & Policy
It’s debatable whether President and First Lady Obama’s White House garden was a positive or negative symbol to the community food justice movement—but it did send a signal. This essay speculates what, if anything, the Trump administration will signal to these community food justice activists. It also recommends a potential strategy for grassroots food justice advocates fighting for already limited resources.
The Butz Stops Here: Why The Food Movement Needs To Rethink Agricultural History, Nathan A. Rosenberg, Bryce Wilson Stucki
The Butz Stops Here: Why The Food Movement Needs To Rethink Agricultural History, Nathan A. Rosenberg, Bryce Wilson Stucki
Journal of Food Law & Policy
From the 1890s to the 1930s, rural Americans played a vital role in radical leftist politics. While specialists know this history well, the public tends to know a folk history, written by figures associated with contemporary food movements. This folk history rests on several key myths, which cover different periods of modern history from the New Deal to the present. This essay challenges these myths to reveal the causes and extent of the suffering endured by rural families in the 20th century, which in turn, decimated the populist left. A reconsideration of the history of agricultural policy will help food-system …
Myth Making In The Heartland – Did Agriculture Elect The New President?, Neil D. Hamilton
Myth Making In The Heartland – Did Agriculture Elect The New President?, Neil D. Hamilton
Journal of Food Law & Policy
This essay addresses the role of America’s farmers in electing President Donald Trump. This role may not have been as large as the agricultural community and others have suggested. Additionally, this essay cautions the agricultural community against taking too much credit for the election of a politician and party whose interests are often at odds with agricultural interests.