Agriculture Law Commons^™

The New Frontier For Bankruptcy: Crypto, Lindy Lofton

Cardozo Arts & Entertainment Law Journal

The note examines the regulatory challenges posed by the rise of cryptocurrency platforms like Celsius and FTX, which have faced significant financial difficulties and bankruptcy. These platforms operate similarly to traditional banks and brokerages but lack the same regulatory oversight, leaving customers vulnerable without protections like FDIC insurance. The note argues that adopting legislation akin to the Banking Act of 1933 or the Securities Investor Protection Act (SIPA) could provide necessary safeguards, such as insurance mechanisms similar to FDIC or SIPC. However, the decentralized nature of cryptocurrency and opposition from the crypto community pose challenges to implementing such regulations. The …

Incentivizing Innovation In The Realm Of Social Goods: Patent Law's Unintended Inhibiting Effect On Environmental Technological Advancement, Ethan Graham

Cardozo Arts & Entertainment Law Journal

The note argues that while Direct Air Capture (DAC) technology holds significant potential to address climate change by removing carbon dioxide from the atmosphere, its development and deployment are hindered by the gatekeeping mechanism of patents. These patents, though intended to incentivize innovation, often stifle progress by restricting access to critical technologies. The analysis highlights the urgency of climate action, the limitations of current legal frameworks, and the need for policy reforms to accelerate DAC innovation and mitigate global warming.

Corn War: A Trade Fight Between The United States And Mexico, Ernesto Hernández-López

Cardozo Law Review de•novo

An international fight grows over corn. The United States claims that México’s ban on genetically modified (GMO) corn violates the United StatesMexico-Canada Agreement (USMCA). México prohibits GMO corn for human consumption. American arguments focus on Sanitary and Phytosanitary (SPS) measures, covered in Chapter 9 of the USMCA. A trade panel will review these.

This Essay first describes SPS arguments and relevant trade rules. The United States’ complaints emphasize that México’s ban is excessive, is not consistent with international standards, and mishandles risks. Second, the Essay identifies the obstacles American positions face: weak mandates and deference to México. Chapter 9 of …

Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein

Articles

Innovation is a form of civic religion in the United States. In the popular imagination, innovators are heroic figures. Thomas Edison, Steve Jobs, and (for a while) Elizabeth Holmes were lauded for their vision and drive, and seen to embody the American spirit of invention and improvement. For their part, politicians rarely miss a chance to trumpet their vision for boosting innovative activity. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny …

Open Hunting Season: Black Bodies As A Threatened Species, Mark C. Grafenreed

Cardozo Journal of Equal Rights & Social Justice

Tracing the Endangered Species Act of 1973 provides striking parallels with the historical, legal, and cultural aspects of bondage mapped upon Black bodies. The United States Congress promulgated the Endangered Species Act to protect and conserve threatened and endangered wildlife species. However, this gives rise to a serious moral dilemma and cognitive dissonance in that nearly 1,500 wildlife species benefit from the Endangered Species Act's protections. At the same time, Black bodies disproportionately suffer without similar federal protections. Congress has strengthened the Endangered Species Act's force through four amendments since its inception, even while there have been mounting threats to …

How The Farm Bill May Be The Key To Healthier Cities, Fatima Ouedraogo

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Farm Bill, a significant piece of U.S. legislation governing agricultural and food programs, can be a crucial tool in addressing urban health issues by making healthy food more affordable. By expanding subsidies to include specialty crops like fruits and vegetables, the Farm Bill could reduce the cost of these items, thereby encouraging healthier diets and combating rising obesity rates in urban populations.

Don't Bet The Farm In Litigation Before Considering Mediation: The Case For Agriculture Mediation Program Implementation, John Schmitz

Cardozo Journal of Conflict Resolution

The American farmer wears several hats throughout each day. Each is a farmer, mechanic, businessperson, chemist, accountant, and economist. An ill-timed dispute resulting in litigation can cause farmers to miss planting or harvesting, lose property, or be denied credit. Agriculture mediation provides a unique opportunity for disputes-both big and small, and centered around agriculture-to be resolved in a timely manner.

Beyond Data Ownership, Ignacio Cofone

Cardozo Law Review

Proposals for data ownership are widely misunderstood, aim at the wrong goal, and would be self-defeating if implemented. This Article, first, shows that data ownership proposals do not argue for the bundle of ownership rights that exists over property at common law. Instead, these proposals focus on transferring rights over personal information solely through consent.

Second, this Article shows the flaws of a property approach to personal information. Such an approach magnifies well-known problems of consent in privacy law: asymmetric information, asymmetric bargaining power, and leaving out inferred data. It also creates a fatal problem: moral hazard where corporations lack …

Title Vii Prohibits Employment Discrimination... Except When It Doesn't: Eliminating The Small Firm Exemption, Hayley Bronner

Cardozo International & Comparative Law Review

The note argues that the small firm exemption in Title VII of the Civil Rights Act of 1964, which excludes employers with fewer than fifteen employees from coverage, undermines the law's purpose of eradicating employment discrimination. The exemption, initially a political compromise, lacks an evidence-based foundation and disproportionately affects vulnerable groups such as women and minorities. The analysis suggests that eliminating this exemption is essential to achieve universal protection and align Title VII with broader state and international laws, proposing measures like damage caps to mitigate potential burdens on small businesses.

Dirty Business: Accountability For Harmful Pesticide Use In Brazil, Anna Goldstein

Cardozo International & Comparative Law Review

The note argues that the alarming rise in pesticide use in Brazil, particularly under President Jair Bolsonaro, has severe human health and environmental consequences. It emphasizes the need for a binding international legal framework to hold multinational corporations accountable for human rights abuses and environmental harm in their supply chains. Current voluntary frameworks and domestic laws, such as Brazil's Law 7802, are insufficient due to weak enforcement and lack of binding standards. The proposed UN Draft Treaty on Business and Human Rights is presented as a critical solution to address these gaps and ensure corporate accountability.

The "Natural" Response To Adjudicating Current Litigation When The Creation Of A Related Agency Rule Is Simultaneously Underway, Lauren Kostman

Cardozo Law Review

No abstract provided.

Remodifying Colombian Peace Process: A Critical Perspective And A Demand For Justice, Armando Martinez

Cardozo Journal of Conflict Resolution

Part II of this Note will give a background of the FARC, the FARC's impact throughout Colombia., and the Role of the ICC in the Colombian Peace Process. Part III of this Note will discuss the legal status of the peace deal between the FARC and the Colombian Government, as well as whether the ICC should intervene in the peace deal's implementation process. Lastly, Part IV discusses that the future Colombian presidential administration should consider modifying the current peace deal using interest-based facilitative mediation

Beeware Of The Consequences: The Importance Of Urban Apiaries And Environmental Adr, Chelsea Gallay

Cardozo Journal of Conflict Resolution

Part I of this note will discuss urban agriculture and the rise of urban beekeeping; Part II will outline the role urban apiaries are playing in today's society; Part III will explore the disputes that arise between urban community members and beekeepers; and lastly, Part IV will discuss how to use environmental dispute resolution techniques, such. as mediation and negotiation, to solve environmental conflicts between urban apiarists and local community members.

Picketing In The New Economy, Hiba Hafiz

Cardozo Law Review

The rise of the contingent and gig economies and of outsourced and subcontracted work has left many workers with insufficient bargaining power to successfully negotiate collective bargaining agreements with their direct employers. This problem is exacerbated by a statutory ban on worker picketing and boycotts of non-employers, or "secondaries," even where those employers collude with direct employers on wage-fixing or the suppression of union activity; have monopsony power over direct employers; or have substantial indirect control over worker wages through contractual arrangements.

This Article is a crucial intervention in modernizing the labor law on worker picketing in the New Economy. …

Animal Farm: The E.U.'S Move Towards Progress And The U.S.'S Slide Towards Dystopia In Farm Animal Welfare, Dorothy Sluszka

Cardozo Journal of International and Comparative Law

The note argues that the United States lags behind European countries in protecting animals used in agriculture, with inadequate regulations endangering public health and ignoring voter concerns. It advocates for the repeal of "ag-gag" laws and antitrust enforcement to dismantle the meat industry's monopoly, aligning with public policy and improving animal welfare standards.

On The Permanence Of Permanent Law: An Argument For The Continued Presence Of The Permanent Law Provisions In The Farm Bill, Kate Giessel

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

What's Immoral About Monsanto?: Strengthening The Roots Of The Moral Utility Requirement By Amending The U.S. Patent Act, Gary Gregory

Cardozo Journal of International and Comparative Law

The note advocates for integrating moral utility requirements into the U.S. patent system to address ethical concerns, particularly regarding transgenic seeds and their environmental and health impacts. It proposes adopting a balancing test, similar to the European Patent Office's approach, to weigh the benefits and harms of such inventions. This would allow courts to invalidate patents that cause significant harm, even if they offer economic benefits, thereby aligning the patent system with public morality and societal values.

Innovation In China: Fragmentation, Structured Uncertainty, And Technology Standards, Michael Murphree, Dan Breznitz

Cardozo Law Review de•novo

This Article discusses the history of China’s attempts to develop indigenous technology standards. A case study is presented on China’s attempts to develop digital optical storage media standards, the failure of which we attribute to fragmentation of production and structured uncertainty in China’s economy. Despite the market failures of China’s domestic standards development efforts, we conclude by highlighting some of the appurtenant benefits they produce for Chinese manufacturers.

Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, Daryl Lim

Cardozo Arts & Entertainment Law Journal

Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, and form the computer code upon which the information age is based. These inventions create an inherent conflict between patentees and their customers. The conflict arises because every customer could become competitors as the product replicates, potentially making every first sale the patentee's last. They also challenge how we think about fundamental issues of ownership as well as innovation and market competition, and make it …

Tribal Rituals Of The Mdl: A Comment On Williams, Lee, And Borden, Repeat Players In Multidistrict Litigation, Myriam E. Gilles

Articles

No abstract provided.

Cars And Homes In Chapter 13 After The 2005 Amendments To The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

Study Of The International Food Security Regime: Food Aid To North Korea During The Famine Of 1995-2000, Jongeun Lee

Cardozo Journal of International and Comparative Law

The note examines the persistent food insecurity in the Democratic People's Republic of Korea (DPRK) and the challenges of international food aid efforts, highlighting systemic issues such as monitoring limitations, political debates over aid effectiveness, and the need for reform in the international food security regime. It argues that while organizations like the World Food Programme (WFP) have expanded their operations in the DPRK, structural barriers, including the government's restrictions and donor countries' shifting commitments, undermine the long-term impact of food aid. The note emphasizes the urgency of addressing these challenges to prevent further humanitarian crises and promote sustainable food …

The Rhetoric Of Biopiracy, Paul J. Heald

Cardozo Journal of International and Comparative Law

The article critiques the rhetorical strategy of advocates for long-term occupant communities (LTOCs) seeking sui generis intellectual property rights to combat biopiracy. While their goals are admirable, the approach is ineffective due to widespread skepticism towards expanding intellectual property rights. The author argues that market-based solutions and alliances with corporations could better preserve biodiversity and compensate communities.

Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala

Cardozo Journal of International and Comparative Law

The article examines the challenges indigenous peoples face in protecting their intangible cultural property, such as songs, legends, and ceremonies, under existing intellectual property (IP) and legal regimes. It argues that while indigenous claims for protection are legitimate, recognizing new IP rights may not be necessary or appropriate. Instead, the authors propose that existing legal frameworks, such as contract law, privacy, trade secret, and trademark law, could provide more effective and balanced solutions. They advocate for a nuanced approach that respects indigenous cultural heritage while maintaining compatibility with public domain interests and free expression.

Weeds, Seeds & Deeds: Recent Skirmishes In The Seed Wars, Keith Aoki

Cardozo Journal of International and Comparative Law

The article examines the commodification of seed germplasm, tracing its evolution through technological advancements and legal frameworks that have transformed seeds from a shared resource into a corporate-controlled commodity. It critiques how intellectual property laws, particularly patent protections, have prioritized corporate interests over traditional farming practices and biodiversity. The analysis highlights the tension between private property rights and the commons, advocating for a balanced approach that considers both intellectual property and the preservation of genetic diversity.

The World Trade Organization: Environmental Police?, Jane I. Yoon

Cardozo Journal of International and Comparative Law

The note examines the tension between the World Trade Organization's (WTO) primary goal of promoting free trade and its efforts to address environmental concerns. While the WTO has established mechanisms like the Committee on Trade and Environment (CTE) to reconcile trade and environmental issues, critics argue that its framework prioritizes trade over environmental protection. The note concludes that the WTO's environmental aspirations are commendable but ultimately impractical due to the inherent conflict between trade liberalization and environmental goals.

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

Cardozo Law Review

No abstract provided.