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Articles 1 - 9 of 9
Full-Text Articles in Law
The Change In Knowledge Proposal: Repairing Preemption Doctrine In Medical Products Liability, Yite John Lu
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 …
Revisiting The Original Tea Party: The History Of Regulating Food Consumption In America, Alison Peck
Revisiting The Original Tea Party: The History Of Regulating Food Consumption In America, Alison Peck
Law Faculty Scholarship
In response to concerns over rising obesity rates, state and federal policymakers have introduced laws that seek to internalize the public health costs of consuming unhealthy foods. These laws range from taxes on sugared beverages to mandatory nutritional information disclosures and beyond. Vocal opponents to such laws, including many Tea Party members, characterize such laws as government overreaching into the private sphere. That opposition often evokes Revolutionary images and ideology, with references to the Boston Tea Party, the Founding Fathers, and the framing of the Constitution. This article challenges the symbolism used by these opponents by examining the pre-Revolutionary non-importation …
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
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
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 …
Cheap Meat: How Factory Farming Is Harming Our Health, The Environment, And The Economy, R. Jason Richards, Erica L. Richards
Cheap Meat: How Factory Farming Is Harming Our Health, The Environment, And The Economy, R. Jason Richards, Erica L. Richards
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Food Culture In Colonial Asia: A Taste Of Empire, Cecilia Y. Leong-Salobir
Food Culture In Colonial Asia: A Taste Of Empire, Cecilia Y. Leong-Salobir
Faculty of Law, Humanities and the Arts - Papers (Archive)
Presenting a social history of colonial food practices in India, Malaysia and Singapore, this book discusses the contribution that Asian domestic servants made towards the development of this cuisine between 1858 and 1963. Domestic cookbooks, household management manuals, memoirs, diaries and travelogues are used to investigate the culinary practices in the colonial household, as well as in clubs, hill stations, hotels and restaurants. Challenging accepted ideas about colonial cuisine, the book argues that a distinctive cuisine emerged as a result of negotiation and collaboration between the expatriate British and local people, and included dishes such as curries, mulligatawny, kedgeree, country …
Food Stories: Culinary Links Of An Island State And A Continent, Cecilia Y. Leong-Salobir
Food Stories: Culinary Links Of An Island State And A Continent, Cecilia Y. Leong-Salobir
Faculty of Law, Humanities and the Arts - Papers (Archive)
Foodways has increasingly become an important lens for the analysis of historical, social and cultural studies. Anthropologists and historians in particular view food consumption as ways of understanding cultural adaptation and social grouping. The food practices of a social grouping reveal rich dimensions of people's lives, indicating their sense of identity and their place within the wider community. As well, food is one of the most visible aspects of a community's cultural tradition. It is through food too that a social grouping "borrows" food practices and appropriate food items from other cultures to make them its own. This chapter intends …
Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia E. Salkin, Amy Lavine
Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia E. Salkin, Amy Lavine
Scholarly Works
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 …