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Full-Text Articles in Law

Old Macdonald Had A Trust: How Market Consolidation In The Agricultural Industry, Spurred On By A Lack Of Antitrust Law Enforcement, Is Destroying Small Agricultural Producers, Cody Mccracken Feb 2022

Old Macdonald Had A Trust: How Market Consolidation In The Agricultural Industry, Spurred On By A Lack Of Antitrust Law Enforcement, Is Destroying Small Agricultural Producers, Cody Mccracken

William & Mary Business Law Review

The U.S. agricultural industry is controlled by a handful of large corporations. Unprecedented levels of market consolidation has created a power disparity, where controlling corporations alone shape markets, often to the disadvantage of small agricultural producers. A primary, and often overlooked, cause of this consolidationdriven bargaining disadvantage, and its resulting harm, can be found in the lacking enforcement of the nation’s antitrust laws. Faulty metrics and lax legal interpretations employed by regulatory agencies have permitted large corporations to grab control of nearly every sector of the industry. From the seeds farmers plant to the markets they sell their goods into; …


U.S. Property Law: A Revised View, Kamaile A.N. Turčan May 2021

U.S. Property Law: A Revised View, Kamaile A.N. Turčan

William & Mary Environmental Law and Policy Review

No abstract provided.


Feeding The World: How Changes In Biotech Regulation Can Jump-Start The Second Green Revolution And Diversify The Agricultural Industry, John A. Erwin, Robert Glennon May 2020

Feeding The World: How Changes In Biotech Regulation Can Jump-Start The Second Green Revolution And Diversify The Agricultural Industry, John A. Erwin, Robert Glennon

William & Mary Environmental Law and Policy Review

As the Earth’s population climbs from 7.7 billion in 2019 to almost 10 billion by mid-century, farmers will need to increase food production by 70 percent. This Article analyzes the tools available to achieve this demanding goal. We assess changes in agriculture related to both the organic industry and the high-tech sector that are enabling farmers to become more efficient. Critically, biotechnology offers great promise to hasten the pace of increased agricultural efficiency through genetic engineering. While genetic modification has been controversial, we cannot exclude any viable policy option, especially one with so much promise. Yet the current regulatory environment …


Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni Mar 2020

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.


The Battle Against Antimicrobial Drug Resistance: Analyzing Recent Developments And The Necessity For Major Agricultural Reforms, Nikki Sanford Jun 2016

The Battle Against Antimicrobial Drug Resistance: Analyzing Recent Developments And The Necessity For Major Agricultural Reforms, Nikki Sanford

William & Mary Environmental Law and Policy Review

No abstract provided.


Consequences Of Cambodia’S Rubber Boom: Assessing The Governmental, Environmental, And Human Rights Violations In The Industry’S Current Regulatory Framework, Ross Natividad Jun 2016

Consequences Of Cambodia’S Rubber Boom: Assessing The Governmental, Environmental, And Human Rights Violations In The Industry’S Current Regulatory Framework, Ross Natividad

William & Mary Environmental Law and Policy Review

No abstract provided.


Saving The Orange: How To Fight Citrus Greening Disease (And It’S Not Through Genetic Engineering), Evan Feely Jun 2016

Saving The Orange: How To Fight Citrus Greening Disease (And It’S Not Through Genetic Engineering), Evan Feely

William & Mary Environmental Law and Policy Review

No abstract provided.


Productivity And Diversity In Research And Agriculture: Improving The Ipr Landscape For Food Security, A. Max Jarvie Jun 2016

Productivity And Diversity In Research And Agriculture: Improving The Ipr Landscape For Food Security, A. Max Jarvie

William & Mary Environmental Law and Policy Review

While food security has long been a national or regional burden, the advent of international instruments governing intellectual property rights over conventionally bred plant varieties and genetically modified plants has made the management of food security a global concern. Current intellectual property regimes do not provide clear support for innovations in crop productivity or biodiversity, both of which are implicated in the long term stability of food supply. This Paper examines the intellectual property regimes governing agricultural food stocks with respect to the level of support they provide for three key research programs in the development of crop seeds and …


The Horne Dilemma: Protecting Property's Richness And Frontiers, Lynda L. Butler Apr 2016

The Horne Dilemma: Protecting Property's Richness And Frontiers, Lynda L. Butler

Faculty Publications

In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …


Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke May 2015

Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke

William & Mary Environmental Law and Policy Review

This Article presents a comparative institutional analysis of an increasingly important type of environmental conflict—the agricultural-waste-discharge and water-land-nexus conflict—using the recent citizen suit Waterkeeper v. Hudson as a case study. The objective is to assess the resource allocation efficiency and procedural fairness of the dispute processing in Hudson. The Hudson setting involves substantial scientific complexity, including ecological interdependencies, unobservable and observable land management decisions, pollutant transport, in-stream removal, and the problem of multiple and diverse sources of water quality pollution. Although the Hudson farm does fall under a regulated point source category in a state legislative definition, not all agricultural …


The Case For Vertical Integration In The Developing Bioenergy Industry, Isabel F. Peres, Timothy A. Slating, Jay P. Kesan May 2015

The Case For Vertical Integration In The Developing Bioenergy Industry, Isabel F. Peres, Timothy A. Slating, Jay P. Kesan

William & Mary Environmental Law and Policy Review

For many countries, money grows on trees: woody biomass is one of the most important sources of renewable energy in the European Union. In the United States, biomass was the input for almost half of the renewable energy generated in 2000; of the energy generated by biomass, seventy-six percent was produced from wood.1 Currently, biomass is the largest source of renewable energy in the country. The ability to secure a reliable and stable supply of biomass is therefore extremely important for the future of the renewable energy industry. According to the United States Department of Energy, the success of the …


Harmony At The Farm: Rediscovering The “Community” In Community Supported Agriculture, Christopher Kaltsas Feb 2015

Harmony At The Farm: Rediscovering The “Community” In Community Supported Agriculture, Christopher Kaltsas

William & Mary Law Review

No abstract provided.


Strengthening The Vpa General Permit: Managing Animal Feeding Operations In Virginia To Meet State Law And The Bay Tmdl, Rachel Cannon, Jason Kane Jan 2014

Strengthening The Vpa General Permit: Managing Animal Feeding Operations In Virginia To Meet State Law And The Bay Tmdl, Rachel Cannon, Jason Kane

Virginia Coastal Policy Center

No abstract provided.


A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim Jan 2007

A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim

Faculty Publications

No abstract provided.


Silly Rabbit, Farm Subsidies Don't Help America, Thomas R. Poole Oct 2006

Silly Rabbit, Farm Subsidies Don't Help America, Thomas R. Poole

William & Mary Environmental Law and Policy Review

No abstract provided.


Birds And Pesticides: Are Pesticide Regulatory Decisions Consistent With The Protection Afforded Migratory Bird Species Under The Migratory Bird Treaty Act?, Pierre Mineau Feb 2004

Birds And Pesticides: Are Pesticide Regulatory Decisions Consistent With The Protection Afforded Migratory Bird Species Under The Migratory Bird Treaty Act?, Pierre Mineau

William & Mary Environmental Law and Policy Review

No abstract provided.


In Re Starlink Corn: The Link Between Genetically Damaged Crops And An Inadequate Regulatory Framework For Biotechnology, Linda Beebe Feb 2004

In Re Starlink Corn: The Link Between Genetically Damaged Crops And An Inadequate Regulatory Framework For Biotechnology, Linda Beebe

William & Mary Environmental Law and Policy Review

No abstract provided.


How Many Times Do I Have To Tell You?!: Epa's Ongoing Struggle With Data From Third-Party Pesticide Toxicity Studies Using Human Subjects, Heidi Gorovitz Robertson Feb 2004

How Many Times Do I Have To Tell You?!: Epa's Ongoing Struggle With Data From Third-Party Pesticide Toxicity Studies Using Human Subjects, Heidi Gorovitz Robertson

William & Mary Environmental Law and Policy Review

No abstract provided.


Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners Oct 2003

Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners

William & Mary Environmental Law and Policy Review

No abstract provided.


Introduction To The Symposium: Pesticides: What Will The Future Reap?, Natasha C. Robinson Oct 2003

Introduction To The Symposium: Pesticides: What Will The Future Reap?, Natasha C. Robinson

William & Mary Environmental Law and Policy Review

No abstract provided.


Beyond The Dirty Dozen: The Bush Administration's Cautious Approach To Listing New Persistent Organic Pollutants And The Future Of The Stockholm Convention, Pep Fuller, Thomas O. Mcgarity Oct 2003

Beyond The Dirty Dozen: The Bush Administration's Cautious Approach To Listing New Persistent Organic Pollutants And The Future Of The Stockholm Convention, Pep Fuller, Thomas O. Mcgarity

William & Mary Environmental Law and Policy Review

No abstract provided.


Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone Jul 2002

Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone

Faculty Publications

No abstract provided.


Farmland Preservation, Linda A. Malone Jan 1985

Farmland Preservation, Linda A. Malone

Faculty Publications

No abstract provided.