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Articles 1 - 30 of 123
Full-Text Articles in Agriculture Law
Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett
Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett
Public Land & Resources Law Review
Bison herds once roamed the American Plains by the millions and were a staple in the lives of Native Americans. By the late 1800’s, bison were nearly extinct due to the westward expansion of European settlers and over hunting. Now, there is a population of merely 30,000 wild bison in North America. Although bison no longer face threats of immediate extinction, wild herds face stark realities of disease, habitat loss, and genetic degradation.
Schutter V. State Board Of Land Commissioners, Gillian P. Ellison
Schutter V. State Board Of Land Commissioners, Gillian P. Ellison
Public Land & Resources Law Review
In Schutter v. State Board of Land Commissioners, the Montana Supreme Court addressed the State’s fiduciary obligation in the context of water rights appurtenant to school trust lands. Central to the Court’s holding was the State’s fiduciary duty in managing lands held in trust for the benefit of the State. By upholding the State’s claim to partial ownership of a water right originating on private land, the Schutter Court underscored the tension between private property rights and the State's trust fiduciary duties.
Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard
Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard
Public Land & Resources Law Review
Flathead-Lolo-Bitterroot Citizen Task Force v. Montana evaluates the efficacy of the proposed 2024 gray wolf floating season in preventing harm to grizzly bears, a protected species in Montana. The Court of Appeals for the Ninth Circuit affirmed the implementation of a “serious questions” test for preliminary injunctions that is specific to Endangered Species Act cases. The Court agreed with the district court’s grant of a preliminary injunction that limited the 2024 floating season temporally, but modified the injunction in two respects, thereby narrowing its application. The Court’s holding signifies the continuation of a preliminary injunction standard that values protections for …
Corner Post V. Board Of Governors Of Federal Reserve System, Alexis Karbowicz
Corner Post V. Board Of Governors Of Federal Reserve System, Alexis Karbowicz
Public Land & Resources Law Review
Corner Post v. Board of Governors of the Federal Reserve System resolved a circuit split on when claims against the federal government “accrue” under 28 U.S.C.A. § 2401(a). The Supreme Court clarified whether plaintiffs must file challenges within six years of a regulation’s enactment or may wait until they are directly affected by an agency action, even if that occurs years later. Examining the case’s factual and procedural background provides insight into the relevant regulatory context. The Court’s analysis offers a detailed interpretation of statutory language and establishes principles of claim accrual, alongside the policy considerations of regulatory finality and …
The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green
The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green
Public Land & Resources Law Review
The United States intellectual property (“IP”) system is deeply intertwined with our country’s history and constitution. t is foundational in favoring young American inventors. George Washington signed the first patent act in 1790 in hopes of promoting the innovation and progress of science and useful arts. Yet, our patent system was also built around the Western tradition of individualism and competition, which failed to recognize the communal nature and traditional knowledge of tribal communities. This disparity allows the biopiracy of traditional knowledge to be lawful. This comment will explore the harmful toll that United States patent law has taken on …
Examining Hispanic Beginning Farmers And Ranchers In The Rio Grande Valley Through A Community Capitals Framework, Perla Kimberly Schrock
Examining Hispanic Beginning Farmers And Ranchers In The Rio Grande Valley Through A Community Capitals Framework, Perla Kimberly Schrock
Theses and Dissertations
While existing literature addresses the experiences of beginning farmers and ranchers (BFR), there is a notable gap in research focused on Hispanic beginning farmers and ranchers (HBFR). This study aimed at exploring the unique experiences of HBFR in a predominantly Hispanic region, the Rio Grande Valley (RGV), employed the Community Capitals Framework (Flora et al., 2016). I conducted 16 semi-structured interviews with HBFR and local nonprofit organizations and federal employees, complemented by participant observations. Through thematic and content analysis of the interview transcripts, findings revealed valuable insights into the livelihoods of HBFR. Despite HBFR facing significant challenges, this study demonstrated …
The Impact Of Food Law Policies On Local Community Empowerment In Indonesia’S Sustainable Food Garden Program, Tiyas Vika Widyastuti, Achmad Irwan Hamzani, Anis Masdurohatun
The Impact Of Food Law Policies On Local Community Empowerment In Indonesia’S Sustainable Food Garden Program, Tiyas Vika Widyastuti, Achmad Irwan Hamzani, Anis Masdurohatun
Indonesia Law Review
This research examines the impact of food law politics on community empowerment and sustainable agriculture in Indonesia, focusing on the Sustainable Food Garden Program (P2L). Utilizing a normative juridical analysis, it explores how legal frameworks can support or obstruct community-led agricultural initiatives. The study highlights the empowering effect of laws aligned with community goals and the challenges arising from legislation favoring industrial agriculture. It proposes legal reforms to address ambiguities and barriers, such as clarifying land tenure rights and simplifying organic certification processes. Recommendations aim to foster a legal environment conducive to sustainable, community-driven agriculture, enhancing food security and environmental …
Selected Indiana Government Statistical Agencies And Their Data, Bert Chapman
Selected Indiana Government Statistical Agencies And Their Data, Bert Chapman
Libraries Faculty and Staff Presentations
Provides coverage of Indiana state government agencies statistics and selected Tippecanoe County, Indiana local government statistical publications. Presentation describes state agencies such as the Indiana Departments of Agriculture, Education, Health, Local Government Finance, and State Budget Agency. Examples of historical and current data are presented.
Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?
Fordham Environmental Law Review
As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …
A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry
Fordham Environmental Law Review
Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …
Why We Need A Constitutional Right To Healthy Environment In Canada
Why We Need A Constitutional Right To Healthy Environment In Canada
Fordham Environmental Law Review
The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …
Negara Hukum Kesejahteraan Di Batas Pantai: Paradoks Perlindungan Negara Terhadap Masyarakat Pesisir Di Tengah Perubahan Iklim, Aji Baskoro
Jurnal Ilmu Kesejahteraan Sosial
Climate change poses significant challenges to vulnerable coastal communities in Indonesia. As a welfare state, the Indonesian government is expected to safeguard these vulnerable groups through policies that promote their welfare and sustainable livelihoods. However, current policies create a paradox. This article explores this paradox: on the one hand, Indonesia adheres to the welfare state principle, which demands that all government actions be grounded in law, ensuring public safety and welfare. On the other hand, the policies focus on exploiting natural resources, exacerbating the vulnerabilities of coastal communities, particularly in the face of climate change. The article employs a normative …
Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab
Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab
Jurnal Hukum & Pembangunan
The mediation techniques commonly used by mediators are facilitative, evaluative, or hybrid models. The choice of mediation model generally depends on the complexity of the dispute, the nature of the relationship, and the expectations for further cooperation. This research examines the application and disclosure of mediation models in the banking sector. The methodology used is normative, analyzing regulations related to the application and disclosure of mediation models in the banking sector. Data collection was obtained from primary legal materials in the form of legislation, secondary legal materials such as professional codes of ethics, books, articles, and scientific journals, and tertiary …
Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat
Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat
Jurnal Hukum & Pembangunan
Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …
Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini
Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini
Jurnal Hukum & Pembangunan
Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …
“Food Of Their Own Choosing”: Improving Access To Locally Grown, Sustainable, And Real Food, Alexia M. Kulwiec, Tom Starck
“Food Of Their Own Choosing”: Improving Access To Locally Grown, Sustainable, And Real Food, Alexia M. Kulwiec, Tom Starck
Maine Law Review
The State of Maine is leading the nation in efforts not only to promote production of locally and sustainably grown food, but the right of consumers to grow, produce, and consume the food of their choosing. This includes creation of a constitutional right to food, a right recognized in the global community but not throughout the United States. Many advocates in the United States emphasize the right to food as a human right, advocating for the same attention and protection as other human rights such as the right to life, liberty, freedom from slavery, and freedom from discrimination. The right …
Sowing Seeds Of Restriction: Cultivating Insight Into Foreign Agricultural Holdings And Equal Protection Concerns, Payton R. Flower
Sowing Seeds Of Restriction: Cultivating Insight Into Foreign Agricultural Holdings And Equal Protection Concerns, Payton R. Flower
Arkansas Law Review
Twenty-four states have enacted laws to restrict foreign land ownership, with many placing an emphasis on agricultural land in some capacity. This Comment will argue that state restrictions on foreign land ownership should be vulnerable to equal protection violations when presented squarely to the Supreme Court. Additionally, it will explore the specific implications for agricultural land given its increasing value and economic importance. This analysis is illustrated by the issue presented in Shen v. Simpson, a recent constitutional challenge to Florida’s land ownership restrictions. Part II will discuss the pertinent history and legal landscape that frames the issue. Part III …
Beyond Reform: Food Sovereignty And The Future Of Global Food Systems, Smita Narula
Beyond Reform: Food Sovereignty And The Future Of Global Food Systems, Smita Narula
Elisabeth Haub School of Law Faculty Publications
We live in a deeply destructive food system, and the need for alternatives is clear. Yet state and corporate actors, beholden to an extractive, industrial model of food production, continue to push for incremental reforms instead of transformative action. In response, food sovereignty movements are charting a normative path in international human rights law to secure peasants' rights and promote more sustainable and just alternatives to our industrial food system. Against the backdrop of the political economy of industrial agriculture, this Article compares mainstream approaches to food systems reform with transformative alternatives rooted in food sovereignty. It explores two key …
Legal And Policy Issues For A Growing Agritourism Industry, Peggy Kirk Hall, Jesse J. Richardson Jr., Kristine Tidgren
Legal And Policy Issues For A Growing Agritourism Industry, Peggy Kirk Hall, Jesse J. Richardson Jr., Kristine Tidgren
Law Faculty Scholarship
Agritourism activity has increased dramatically over the past 10 years, both in number of operations and income. The types of agritourism activity have also expanded rapidly in recent years. The law, on the other hand, moves slowly. The disconnect between the pace ofchange in the industry and the legal regime creates uncertainty for operators, regulators, and policy makers. The difficulty in defining the rapidly changing industry lies at the center of much of the uncertainty. This Article provides an overview of the agritourism industry and recent changes in agritourism activities. The authors discuss different definitions of agritourism in a variety …
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
Public Land & Resources Law Review
No abstract provided.
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Public Land & Resources Law Review
No abstract provided.
Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White
Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White
Public Land & Resources Law Review
No abstract provided.
Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell
Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell
Public Land & Resources Law Review
No abstract provided.
Exemplary Brief For Respondent, Skylee James, Lauren Bretz
Exemplary Brief For Respondent, Skylee James, Lauren Bretz
Public Land & Resources Law Review
No abstract provided.
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …