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Mad Cows, Offended Emus, And Old Eggs: Perishable Product Disparagement Laws And Free Speech, Lisa Dobson Gould
Mad Cows, Offended Emus, And Old Eggs: Perishable Product Disparagement Laws And Free Speech, Lisa Dobson Gould
Washington Law Review
In the wake of the 1989 controversy over Alar use on apples, several states enacted laws providing a civil cause of action to producers damaged by false statements disparaging the safety of their perishable food products. Commentators have suggested that these laws are unconstitutional and contrary to the First Amendment's free speech protections. This Comment argues that the majority of state laws either meet or exceed the constitutional protections established by the U.S. Supreme Court's defamation cases. However, these laws are unlikely to be used widely in the future because of their stringent proof requirements and because such suits often …
A Lesson In Ingenuity: Chinese Farmers, The State, And The Reclamation Of Farmland For Most Any Use, Kari Madrene Larson
A Lesson In Ingenuity: Chinese Farmers, The State, And The Reclamation Of Farmland For Most Any Use, Kari Madrene Larson
Washington International Law Journal
Since 1978, China has achieved significant improvements in the rural sector through the adoption of the baogan daohu system, which effectively dismantled the communal farming system and created individual family farms. However, meaningful measures must be taken to ensure that farmers have continued use of their farmland and that illegal land reclamation by local govermnents is halted. Because farmers' rights are not clearly articulated and cannot be readily enforced, local governments appear to be beyond central government control. Furthermore, due to the state's right to reclaim land under any logic, farmers' rights may ultimately be nonexistent. Though developing a meaningful …