Law Commons^™

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Linda A. Malone

No abstract provided.

Rethinking The Secular: Religion, Ethics And Science In Food Regulation, Richard Mohr

Richard Mohr

This paper explores some issues at the intersection of regulation and religion, as they apply to food. It reports on a work in progress examining the regulations and values that affect choices at food and drink outlets in an inner suburban street in Sydney.

It is part of a larger projected study of food as a central social, material and religious concern. In it we are exploring questions around community relations in a culturally and religiously diverse society. Here I focus on the ways religious, ethical and scientific considerations interact with regulatory regimes, whether those of government, industry, or religious …

The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, Katharine Van Tassel

Katharine Van Tassel

This Article discusses the public health, regulatory, legal, and ethical issues raised by the developing appreciation of the negative physical effects and potential health risks associated with nanotech products, and is arranged as follows. After this Introduction, this Article describes the present scientific understanding of the health risks associated with the consumption of nanoparticles. Next, a summary of the existing FDA regulatory structure that governs food, dietary supplements, cosmetics, and sunscreens is provided along with an explanation of why these regulations fail to protect public health when applied to regulate the nanotech versions of these products. The Article goes on …

Private Regulation And Foreign Conduct, Adam I. Muchmore

Adam I. Muchmore

Current U.S. policy on safety regulation for imported food is based largely on ex post measures. Several reform proposals seek to strengthen the ex ante component of this regulatory program. These proposals rely on one or more of three basic strategies: direct extraterritorial regulation; delegation of regulatory authority to private entities; and delegation of regulatory authority to foreign government agencies. This paper explores the ability of each strategy to respond to several principal-agent problems relevant to imported-food safety: the regulatory license problem; interest group capture; and the reality of bribery and threats in many food-exporting countries. Through the lens of …

Predicting The Future: Our Food System In 2025, Susan A. Schneider

Susan Schneider

Freedom From Food: On The Need To Restore Fdr’S Vision Of Economic Rights In America, And How It Can Be Done, Evgeny Krasnov

Evgeny Krasnov

Within the U.S. policy discourse, it has long been taken for granted that the body of human rights law does not—and should not—include economic rights, which include the right to adequate food, shelter, and health care. This is an irony of history, since the origins of modern-day economic rights law lie in the policies advocated by the U.S. President Franklin Delano Roosevelt.

This Article argues that (1) the common justifications for neglecting economic rights are not sound; (2) there is a pressing need to recognize economic rights in the United States; and (3) the best way to do so is …

Turning Wine Into Water: Water As Privileged Signifier In The Grapes Of Wrath, David N. Cassuto

David N Cassuto

I will argue that The Grapes of Wrath represents an indictment of the American myth of the garden and its accompanying myth of the frontier. The lever with which Steinbeck pries apart and ultimately dismantles these fictions is a critique of the agricultural practices that created the Dust Bowl and then metamorphosed into a new set of norms which continued to victimize both the land and its inhabitants. Both nineteenth-century homesteading (based on the Homestead Act of 1862) and agribusiness, its twentieth century descendant (born from the failure of the Homestead Act), relied on the (mis)use of water to accomplish …

A Hungry Industry On Rolling Regulations: A Look At Food Truck Regulations In Cities Across The United States, Crystal T. Williams

Crystal Williams

Although street vending has always been a part of the American food economy, in recent years, modern food trucks have become a dining trend that is sweeping the country. With the booming popularity of food trucks, cities across the country are considering ways to regulate the growing number of vendors selling convenient and creative meals to patrons. The purpose of this article is to provide an overview of regulations and ordinances that govern the operation of mobile food units, commonly known as food trucks, in a variety of American cities. Food trucks are regulated by local government agencies, which take …

A Hungry Industry On Rolling Regulations: A Look At Food Truck Regulations In Cities Across The United States, Crystal Williams

Crystal Williams

Although street vending has always been a part of the American food economy, in recent years, modern food trucks have become a dining trend that is sweeping the country. With the booming popularity of food trucks, cities across the country are considering ways to regulate the growing number of vendors selling convenient and creative meals to patrons. The purpose of this article is to provide an overview of regulations and ordinances that govern the operation of mobile food units, commonly known as food trucks, in a variety of American cities. Food trucks are regulated by local government agencies, which take …

Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia Salkin, Amy Lavine

Patricia E. Salkin

Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely …

Energy (In)Efficiency In The Local Food Movement: Food For Thought, Lauren B. Kaplin

Lauren Kaplin

“Eating local” is a growing trend in the American food system, with environmentalists and foodies alike advocating for shorter food transportation distances from farm to table (the average in the United States is about 1,500 miles ). Not only have local food systems gained followers through farmer’s markets, locally sourced restaurants, and community supported agriculture (“CSA”) enterprises, but the locavore trend has begun to gain momentum on Capitol Hill as well: various federal and state programs support local food initiatives, the United States Department of Agriculture (the “USDA”) has published materials considering the impact of going local, and the Obamas …

The Change In Knowledge Proposal: Repairing Preemption Doctrine In Medical Products Liability, Yite John Lu

Yite J Lu

This Article proposes a new rule that would allow the FDA to achieve the best balance of medical product availability and safety without interference from tort law when the agency has adequately reviewed the safety science. After an analysis of the FDA’s competency to review, and manufacturers’ ability to hide, safety concerns, this Article argues that FDA review is adequate during the initial approval process, but the agency cannot adequately respond to newly acquired safety information that arises post-market. To take advantage of this finding, the change in knowledge proposal would require tort plaintiffs to show a change in the …

In Defense Of The Shuckers: Enhanced Consumer Warnings And Assumption Of The Risk, Not Forced Post-Harvest Processing, As The Proper Remedy For Raw Oyster Toxicity, Scott T. Schmidt

Scott Schmidt

Oysters are a popular culinary delight. Oyster connoisseurs ("ostreaphiles") thoroughly enjoy consuming the bivalves in a multitude of ways, including fried, baked, and raw. A large portion of oysters in the U.S. come from the Gulf of Mexico. However, the FDA has proposed regulations which would make it difficult to consume living raw oysters from the Gulf of Mexico during certain times of the year. The Vibrio family of bacteria is the leading cause of raw shellfish toxicity. It occurs naturally in seawater, and is more heavily concentrated in warmer months. It is known to cause several illnesses and death …

Owning Omega-3: Monsanto And The Invention Of Meat, Matthew Rimmer

Matthew Rimmer

In August of 2010, Anna Salleh of the Science Unit of the Australian Broadcasting Corporation broke a story about Monsanto seeking to patent the enhancement of meat, including omega-3 fatty acids:‘Enhanced port is sparking debate over the ethics of placing patents on food. Patent applications covering the enhancement of meat, including pork with omega-3 fatty acids, are stimulating debate over the ethics and legalities of claiming intellectual property over food. Monsanto has filed patents that cover the feeding of animals soybeans, which have been genetically modified by the company to contain stearidonic acid (SDA), a plant-derived omega-3 fatty acid... Omega-3s …

What Happened To Veggie Libel: Why Plaintiffs Are Not Using Agricultural Product Disparagement Statutes, Sara Kohen

Sara Kohen

Agricultural product disparagement (“APD”) statutes create a cause of action based on negative statements made about agricultural products. When APD statutes were first enacted in the 1990s, legal scholars and the press criticized them as violating the First Amendment’s protection of speech and predicted that agricultural interests would use them to silence people who raised alarms about food safety. These concerns seemed well founded after beef producers sued Oprah Winfrey under the Texas APD statute for negative statements made about beef on her program. Despite these dire predictions, however, APD statutes have resulted in only two reported lawsuits. This article …

Energy Security, Green Job Creation, And Youth Innovation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Global energy demand is likely to increase by 45 percent by 2030. Climate change will threaten existing employment and necessitate new green jobs. Funding has gone towards such renewable energy technologies as wind and solar; such fuel economy options as second-generation hybrids, plug-in electrics, and fuel cell vehicles; increased appliance efficiency; and such water-efficient farming methods as drip irrigation. Youth innovation can play a powerful role in achieving sustainable development. Nobel Peace Prize winner Professor Muhammad Yunus has demonstrated how micro finance in the form of small loans can help poor people start or expand entrepreneurial endeavors. Government funded research …

Reconnecting Consumers And Producers: On The Path Toward A Sustainable Food And Agriculture Policy, Susan A. Schneider

Susan Schneider

Law, Food, And Culture: Mexican Corn's National Identity Cooked In 'Tortilla Discourses' Post-Tlc/Nafta, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

This essay offers a brief inquiry concerning food and national identity as expressed in the law. It examines how in 2008 the Tratado de Libre Comercio de America de Norte/North American Free Trade Agreement (TLC/NAFTA) eliminates Mexican tariffs for corn imports from the U.S. or Canada. Corn is examined as a product steeped in centuries of cultural significance for Mexico. This essay prepares a three-course argument. Section I incorporates insights from the food studies discipline to argue that beyond serving for nourishment food possesses enormous cultural and commercial value. This creates a ripe and abundant subject for legal analysis, focusing …

On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco

Christopher J. Buccafusco

The restaurant industry now takes in over $500 billion a year, but recent courts have been skeptical of the notion that one of its most valuable assets, original recipes, are subject to copyright protection. With more litigation looming and the contours of the debate insufficiently mapped out, this article establishes the appropriate groundwork for analyzing the copyrightability of recipes. I show that, contrary to recent appellate court opinions, recipes meet the statutory requirements for copyrightability. I argue, by analogizing to musical compositions, that written recipes work to satisfy the fixation requirement of copyright law just as musical notation does for …

Statement Of Jeanne M. Woods And Hope Lewis Prepared For The Hearings Of The United Nations Special Rapporteur On Extreme Poverty, Dr. Arjun Sengupta On The Aftermath Of Hurricane Katrina, Hope Lewis, Jeanne Woods

Hope Lewis

This Statement was submitted to the UN Independent Expert on Human Rights and Extreme Poverty, Dr. Arjun Sengupta in the aftermath of the Hurricane Katrina disaster on the Gulf Coast of the United States in 2005. The Statement, submitted during the Independent Expert’s fact-finding visit, expresses concern about the extensive and alarming human rights implications of United States federal, state and local government policy and activities before, during, and after Hurricane Katrina. The Statement argues that the inadequate response of government officials at all levels reflects the impact of “globalization in miniature” on the poor and other vulnerable and subordinated …

Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, Michael T. Roberts Esq.

Michael T. Roberts Esq.

No abstract provided.

Intellectual Property Protection For The Creative Chef, Or How To Copyright A Cake: A Modest Proposal, Malla Pollack

Malla Pollack

This Note presents an original proposal for extending copyright protection to food (not to the appearance of the food, nor to the recipe for the food, but to the food itself). Because of the unusual nature of the suggestion, the Note begins with a detailed statement of the proposal: the intended beneficiaries, the dearth of current protection, and the recommended judicial action. It then covers the proposal's relationship to the Constitution and the legislative history of the 1976 Copyright Act. Finally, the Note briefly discuss the proposal's administrability. The Note also includes several wonderful recipes -- especially the epidome of …