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Confronting State Violence: Lessons From India's Farmer Protests, Smita Narula Oct 2022

Confronting State Violence: Lessons From India's Farmer Protests, Smita Narula

Elisabeth Haub School of Law Faculty Publications

In December 2021, following a year of sustained mass protests, farmers in India forced the repeal of three controversial Farm Laws that attempted to deregulate India’s agricultural sector in service of corporate interests. Farmers feared that the laws would dismantle price supports for key crops, jeopardize their livelihoods, and facilitate a corporate takeover of India’s agrarian economy. This Article situates India’s historic farmer protests in the context of the country’s longstanding agrarian crisis and the corporate capture of agriculture worldwide. I argue that the protests arose in response not only to the Farm Laws, but also to decades of state-sponsored …


The Beginnings Of The Journal Of Food Law & Policy, Michael T. Roberts Jun 2021

The Beginnings Of The Journal Of Food Law & Policy, Michael T. Roberts

Journal of Food Law & Policy

In the first sentence of the introduction to the inaugural edition of the Journal for Food Law & Policy, Margie Alsbrook, the founding Editor-in-Chief, and I, the founding faculty advisor, stated: "It is with great pride and pleasure that we present the inaugural issue of the Journal for Food Law & Policy." In celebration of the Journal's tenth anniversary, I am inclined to echo the same sentiment, but with the added proviso: "surprised!" I confess being gravely concerned ten years ago over the Journal's survivability. Food law and policy was then barely in its formative stage. The nascent, social food …


Getting Into The Field, Jay A. Mitchell Jan 2021

Getting Into The Field, Jay A. Mitchell

Journal of Food Law & Policy

A group of students enrolled in a law school clinic wanders through a large farmers' market. They stop to chat with the proprietors of a farm that has sold vegetables at the market for many years. They visit with a cheesemaker and an apple grower. A second group learns about the economic costs of organic production from a farmer and talks with an olive oil producer. Both sets of students seem unusually attentive to their surroundings. That may be because the first group helped the sponsor of the market rework the market's rules and regulations, and the second developed a …


Legal Framework For The Sustainable Production Of Non-Eatable Products Of An Agricultural Origin: The Example Of Biofuels, Evgenia Pavlovskaia Dec 2014

Legal Framework For The Sustainable Production Of Non-Eatable Products Of An Agricultural Origin: The Example Of Biofuels, Evgenia Pavlovskaia

Evgenia Pavlovskaia

Issues of sustainable agriculture have much relevance and urgency for the sustainable production of non-eatable products that have an agricultural origin, such as biofuels. In the chapter the opinion is expressed that joint legal regulations on sustainable use of natural resources and sustainable farming methods for eatable and non-eatable products of an agricultural origin can be an efficient solution for different industry branches. Joint regulations of this kind are desirable, because natural resources for farming different crops, primarily land and water, environmental laws for their use and socio-economic conditions have much in common. The chapter investigates what issues of sustainable …


Unsavory Associations - Placing Migrant Children In Harm's Way: The Withdrawal Of Child Labor Rules From The Fair Labor Standards Act., Guadelupe T. Luna Jan 2014

Unsavory Associations - Placing Migrant Children In Harm's Way: The Withdrawal Of Child Labor Rules From The Fair Labor Standards Act., Guadelupe T. Luna

The Scholar: St. Mary's Law Review on Race and Social Justice

Instances of youth injuries or death compelled the Department of Labor (DOL) to respond with proposed rules. The proposed Child Labor Regulations would have promoted parity between agricultural and non-agricultural child labor provisions. Lawmakers, however, erroneously mischaracterized the legislation as harmful to “family farms.” Strong opposition came from farming families and agri-industry representatives who argued that the proposed revisions would eliminate the “parental exemption” from the Fair Labor and Standards Act. As a result, DOL withdrew the proposed standards. The proposed rules would have increased safety standards and provided awareness of the dangers youths face in the agriculture industry. Children …


Thoughts On Agricultural Law And The Role Of The American Agricultural Law Association, Susan A. Schneider Dec 2013

Thoughts On Agricultural Law And The Role Of The American Agricultural Law Association, Susan A. Schneider

Susan Schneider

When I first discovered “agricultural law” as a discipline, I was mid-way through law school. I signed up for an agricultural law survey course taught by Professor Gerald Torres, an enthusiastic new teacher at the University of Minnesota School of Law. For our course materials, we used a photocopied draft of what would later become the MEYER, PEDERSON, THORSON AND DAVIDSON, AGRICULTURAL LAW casebook. The Preface of that book defined “agricultural law”. 


International Economic Law And The Right To Food, Carmen G. Gonzalez Dec 2013

International Economic Law And The Right To Food, Carmen G. Gonzalez

Carmen G. Gonzalez

This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food insecurity, and recommends concrete measures that the international community might take through law and regulation to promote the fundamental human right to food. Part I provides a short introduction to the right to food framework and its implications for international trade, investment, and finance. Part II places the current food crisis in historical perspective by discussing the trade and aid policies that …


The Future Of Food Law & Policy: The Responsibility Of Lawyers In The Academy And Beyond, Susan A. Schneider, Baylen J. Linnekin, Emily M. Broad Leib, Margaret Sova Mccabe, Michael T. Roberts Esq. Dec 2012

The Future Of Food Law & Policy: The Responsibility Of Lawyers In The Academy And Beyond, Susan A. Schneider, Baylen J. Linnekin, Emily M. Broad Leib, Margaret Sova Mccabe, Michael T. Roberts Esq.

Susan Schneider

Food Law & Policy is a flourishing legal field that is fast approaching the tenth anniversary of its inception. The field boasts several key milestones. The first Food Law & Policy course was taught in 2004. The first scholarly journal devoted to the field was created in 2005. And, the first Food Law & Policy legal clinic was established in 2010. Today, interest in the field among legal scholars and law students alike is so widespread that a 2013 news article reported “there may be no hotter topic in law schools right now than food law and policy.” 

Food Law …


The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez Dec 2011

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …


The Global Politics Of Food: Introduction To The Theoretical Perspectives Cluster, Carmen G. Gonzalez Dec 2010

The Global Politics Of Food: Introduction To The Theoretical Perspectives Cluster, Carmen G. Gonzalez

Carmen G. Gonzalez

The corporate-dominated, fossil-fuel dependent model of agricultural production has produced chronic undernourishment, an epidemic of obesity and diet-related diseases, and unprecedented ecological devastation. In May 2010, the Universidad Interamericana in Mexico City hosted an international conference on The Global Politics of Food: Sustainability and Subordination. Sponsored by Latina and Latino Critical Legal Theory, Inc. and by Seattle University School of Law, the conference took place under the auspices of the South-North Exchange on Theory, Culture and Law (SNX), a yearly gathering of scholars in the Americas that seeks to foster transnational, cross-disciplinary and inter-cultural dialogue on current issues in law, …


Climate Change, Food Security, And Agrobiodiversity: Toward A Just, Resilient, And Sustainable Food System, Carmen G. Gonzalez Dec 2010

Climate Change, Food Security, And Agrobiodiversity: Toward A Just, Resilient, And Sustainable Food System, Carmen G. Gonzalez

Carmen G. Gonzalez

The global food system is in a state of profound crisis. Decades of misguided aid, trade and production policies have resulted in an unprecedented erosion of agrobiodiversity that renders the world’s food supply vulnerable to catastrophic crop failure in the event of drought, heavy rains, and outbreaks of pests and disease. Climate change threatens to wreak additional havoc on food production by increasing the frequency and severity of extreme weather events, depressing agricultural yields, reducing the productivity of the world’s fisheries, and placing pressure on scarce water resources. Furthermore, the climate crisis and the biodiversity crisis are occurring at a …


Post-Sale Restrictions On Patented Seeds: Which Law Governs?, Rita S. Heimes Mar 2010

Post-Sale Restrictions On Patented Seeds: Which Law Governs?, Rita S. Heimes

Rita S Heimes

Since the agrichemical industry entered the business of creating genetically engineered seeds, farming in America has never been the same. Patents on these GE seeds have been reinforced with so-called “license” agreements that accompany their sale to farmers. Failure to abide the terms of these agreements can land a farmer in federal district court defending a patent infringement lawsuit. Several states have passed legislation relating to the terms of these contracts (known in the industry as “Technology Use Agreements” or colloquially as “bag-tag” agreements). This article explores whether state laws relating to these bag-tag agreements are enforceable, or whether the …


The Global Food Crisis: Law, Policy, And The Elusive Quest For Justice, Carmen G. Gonzalez Dec 2009

The Global Food Crisis: Law, Policy, And The Elusive Quest For Justice, Carmen G. Gonzalez

Carmen G. Gonzalez

The food crisis of 2008, the subsequent financial crisis, and the ongoing climate crisis have created new challenges to the attainment of global food security. This essay examines the historic and current practices that have contributed to food insecurity in developing countries, and recommends several steps that the international community might take to promote the fundamental human right to food. The essay begins by outlining the trade and aid policies that laid the foundation for food insecurity in the global South from colonialism until the early twenty-first century. It then examines the impact of the financial crisis and the climate …


Genetically Modified Organisms And Justice: The International Environmental Justice Implications Of Biotechnology, Carmen G. Gonzalez Dec 2006

Genetically Modified Organisms And Justice: The International Environmental Justice Implications Of Biotechnology, Carmen G. Gonzalez

Carmen G. Gonzalez

In September 2006, a WTO dispute settlement panel issued its long-awaited decision in favor of the United States in the dispute between the U.S. and the European Union over genetically modified organisms (GMOs). The ruling was based on narrow procedural grounds, and did not resolve the controversy over the safety of GMOs, over the right of countries to regulate GMOs more stringently than conventional products, or over the consistency of the EU's GMO regulatory regime with WTO requirements. The debate over GMOs continues unabated. Unfortunately, the high profile dispute between the U.S. and the EU has eclipsed the important debate …


The Polluter Pays Principle In European Community And Its Impact On United Kingdom Farmers, Michael Cardwell Jan 2006

The Polluter Pays Principle In European Community And Its Impact On United Kingdom Farmers, Michael Cardwell

Oklahoma Law Review

No abstract provided.


Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez Dec 2005

Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez

Carmen G. Gonzalez

Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities , such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under under a vareity of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental …


Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez Dec 2005

Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez

Carmen G. Gonzalez

The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …


Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez Dec 2003

Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez

Carmen G. Gonzalez

Even though food production has exceeded population growth in recent decades, world hunger continues to be a daunting problem. Progress in hunger reduction has slowed in recent years, and the number of undernourished people is growing in most of the developing world. Rampant hunger and malnutrition impair the economic performance of individuals, households, and entire nations, and can lead to political instability and social conflict. Food insecurity is often exacerbated by environmentally destructive farming practices that ultimately depress agricultural productivity. Environmental degradation is increasingly recognized as a major factor contributing to both food insecurity and civil strife. This article examines …


Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez Dec 2002

Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez

Carmen G. Gonzalez

Beginning in the mid-1990s, Cuba embarked upon a transformation of the agricultural sector that has been hailed by some observers as a model of socially equitable and ecologically sustainable agriculture. Cuba shifted from an export-oriented, chemical-intensive agricultural development strategy to one that promoted organic agriculture and encouraged production for the domestic market. This article places Cuba's agricultural reforms in historical context by examining the evolution of Cuban agriculture from the colonial period until the present through the lens of food security and ecological sustainability. The article argues that Cuba, for most of its history, was food insecure and ecologically compromised …


Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez Dec 2001

Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez

Carmen G. Gonzalez

The article examines the food security implications of the WTO Agreement on Agriculture. It places the Agreement in historical context, examines its key provisions, and argues that the Agreement systematically favors industrialized country agricultural producers at the expense of farmers in developing countries. The Agreement enables industrialized countries to continue to subsidize agricultural production and to protect domestic producers from foreign competition while requiring market openness in developing countries. The article evaluates the effect of this imbalance on food security in developing countries, and proposes reforms to provide developing countries with the tools to promote access by all people at …


Agricultural Law: A Selected Bibliography, October 1992-December 1995, Sally J. Kelley, Rana Balakrishnan, Stephanie Brodacz, Meg Mahoney Terrebonne Nov 1996

Agricultural Law: A Selected Bibliography, October 1992-December 1995, Sally J. Kelley, Rana Balakrishnan, Stephanie Brodacz, Meg Mahoney Terrebonne

Missouri Law Review

The following bibliography was compiled to assist lawyers and scholars in researching agricultural law topics.


The Marketing Of Farm Products Under Some Of The Federal Regulatory Statutes, Neil Brooks Mar 1954

The Marketing Of Farm Products Under Some Of The Federal Regulatory Statutes, Neil Brooks

South Carolina Law Review

No abstract provided.


Constitutional Law - Commerce Clause -- Agricultural Adjustment Act Of 1938, Hugh Evander Willis Jan 1940

Constitutional Law - Commerce Clause -- Agricultural Adjustment Act Of 1938, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.