Agriculture Law Commons^™

Utilizing Michigan Brownfield Policies To Incentivize Community-Based Urban Agriculture In Detroit, Nicholas Leonard

Michigan Journal of Environmental & Administrative Law

As residents have increasingly moved from urban centers to suburbs, several cities have not been able to create effective solutions to the problems that such population loss has presented. Abandoned properties have proven to be the primary problem, and nowhere is that problem more pronounced than in Detroit. Urban agriculture has been widely embraced on a grassroots level as a potential solution to the pervasive problems that abandoned properties present and that cities have been unable to solve. While urban agriculture networks have largely arisen outside of municipal control, several cities are beginning to recognize urban agriculture as a potential …

Spring 2014 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

An Index Of California Regulations Affecting Rice Growers, Maddie Dunlap

Agricultural Education and Communication

The purposed of this project was to identify and compile California regulations that affect rice growers. The final product was an index designed for rice growers and their representatives to be used lobbying efforts with regulators and elected officials. The index serves to illustrate the intensive regulations that rice growers face in California. Areas of focus include water quality, air quality, labor and pesticides indirectly.

The Analysis Of The Hcs Department's Injury And Illness Prevention Program, Matthew Evers

BioResource and Agricultural Engineering

The Horticulture and Crop Science department had created their own Injury and Illness Prevention Program (IIPP) which was placed online using Cal Poly’s “PolyLearn” module. The program had just been created and generally covered some of the basic IIPP elements required by CalOSHA law, however it had various points of improvement to fulfill all IIPP regulations. It was found that the program content was not in compliance with CalOSHA laws regarding hazard inspection, training, and record keeping, but through meetings with the various department staff, these areas were brought into compliance with CalOSHA requirements, or are expected to be …

Overcoming India’S Food Security Challenges: The Role Of Intellectual Property Management And Technology Transfer Capacity Building, Stanley Kowalski, Aarushi Gupta, Ifica Mehra

Law Faculty Scholarship

The growth of the Indian economy after Independence has had little impact on the food security of the country. The paper analyses the development of advanced crop varieties through the use of agricultural technologies (hereinafter "agbiotech") within the technology transfer system, a framework which comprises of the interactions of intellectual property rights law and agricultural research and development in India. Through this, the author argues that agricultural innovation in India is failing due to the absence of connections within the technology transfer system and advocates for the creation of a national program aimed at advancing IP and tech-transfer capacity in …

Food For Thought: Genetically Modified Seeds As De Facto Standard Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan G. Vacca

Law Faculty Scholarship

For several years, courts have been improperly calculating damages in cases involving the unlicensed use of genetically-modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent’s status as a de facto standard essential patent. To be classified as a de facto standard essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1) dominance, …

In The Field And In The Stream: California Reasonable Use Law Applied To Water For Agriculture, Paul Stanton Kibel

McGeorge Law Review

No abstract provided.

Chapter 398: The Highly-Regulated Hemp Marketplace— Economic Powerhouse Or Law Enforcement Nightmare?, Anthony Serrao

McGeorge Law Review

No abstract provided.

Acre By Acre: Providing Standards For Agricultural Mitigation Using Agricultural Conservation Easements, Brenda Bass

McGeorge Law Review

No abstract provided.

Cultivating Justice For Survivors Of Sexual Assault In America's Agricultural Industry, Laken Gilbert

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Unpermitted Urban Agriculture: Transgressive Actions, Changing Norms, And The Local Food Movement, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Roberta keeps four chickens in her backyard. Bob snuck onto the vacant lot next door, which the bank foreclosed upon and now owns, and planted a vegetable garden. Vien operates an occasional underground restaurant from his friends' microbrewery after beer-making operations cease for the day. The common thread tying these actions together is that they are unauthorized; they are being undertaken in violation of existing laws and often norms. In this Article, I explore ideas surrounding the overlap between food policy and land use law, specifically the transgressive actions that people living in urban and suburban communities are undertaking to …

Governing The Ungovernable: Integrating The Multimodal Approach To Keeping Agricultural Land Use From Swallowing Ecosystems, Kalyani Robbins

Faculty Publications

As the population grows, so does the conflict between demand for agricultural productivity and the need to maintain healthy ecosystems. Unfortunately, this concern alone does not motivate the agricultural industry to operate in a more environmentally friendly manner, nor is it an industry that has proven amenable to strict regulation. Indeed, any such effort must face one of the mightiest lobbies of all time. As it functions today, agriculture is unsustainable and at risk of wiping out more than its fair share of our already dwindling biodiversity. As demand increases, there is the potential for it to get worse than …

Food Miles: Environmental Protection Or Veiled Protectionism?, Meredith Kolsky Lewis, Andrew D. Mitchell

Michigan Journal of International Law

Eat local. Such a small phrase yet such a loaded proposition. Buying food from nearby sources has become a popular objective. This aim is associated with helping farmers in one’s country or region; observing the seasonality of one’s location; eating fresher foods; striving for food security; and protecting the environment. One of the unmistakable messages of the “locavore” movement is that importing food—particularly food that comes from far away—causes environmental harm. The theory is that transporting food long distances results in the release of high levels of greenhouse gases (GHGs) into the atmosphere and is thus a dangerous contributor to …

The International Sugar Trade And Sustainable Development: Curtailing The Sugar Rush, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

This Article will briefly examine the history of the international sugar trade and discuss the current status of the sugar industry in world markets, specifically in Brazil, India, and the United States. The international sugar trade industry should consider instituting sustainable development practices not only for the public good, but also to enhance its bottom line. As "one of the most highly distorted agricultural commodity markets," the international sugar market is an ideal environment to implement sustainable development practices and begin change with respect to CSR through "guaranteed minimum payments to producers, production and marketing controls (quotas), state-regulated retail prices, …

How Real Is The Concern That Seed Patents Will Turn Farmers Into Inadvertent Infringers?, Christopher M. Holman

Faculty Works

The fear that farmers could be found liable for patent infringement based on the inadvertent presence of patented genetically modified plants on the farmer’s fields has led to calls for limitations on the scope and enforceability of patents. These “reforms” would be especially problematic for agricultural biotechnology companies like Monsanto, but the repercussions could be more widespread, impacting a host of important cutting-edge technologies like synthetic biology and nanotechnology. Although stories of farmers being sued by Monsanto after their fields where inadvertently contaminated by genetic drift are widely circulated, inadvertent infringement based upon genetic drift or the presence of trace …

The Honey Trap: How Pesticide Regulations Hold The Key To Honey Bee Survival

Texas A&M Journal of Property Law

No abstract provided.

Bringing In The Sheaves: Home Grown Wheat, Weed, And Limits On The Commerce Clause, M. Reed Hopper

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Dormant Commerce Clause, The Twenty-First Amendment, And A Freer Wine Market: Why Kentucky Must Wine-Down Its Protectionist Laws Restricting The Direct Shipment Of Wine From Out-Of-State Wineries, Aubrey K. Vaughan

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Agricultural Biotechnology-An Opportunity To Feed A World Of Ten Billion, Nina V. Fedoroff, Drew L. Kershen

Faculty Articles

No abstract provided.

Food For Thought: Genetically Modified Seeds As De Facto Standard-Essential Patents, Ryan Vacca, Benjamin M. Cole, Brent J. Horton

Faculty Publications

For several years, courts have improperly calculated damages in cases involving the unlicensed use of genetically modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent's status as a de facto standard-essential patent. To be classified as a de facto standard-essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1) dominance, (2) impracticability, …

A Step In The Right Direction Or Side-Stepping The Issue: Is State Regulation For Factory Farming Appropriate?, Cynthia Furmanek

Student Works

No abstract provided.

Implementing The Food Safety Modernization Act: An Examination Of The Inequitable Impact Of The Proposed Preventive Controls And Produce Safety Rules, Ben Metzger

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Managing The Public Trust: How To Make Natural Resource Funds Work For Citizens, Andrew Bauer, Perrine Toledano, Malan Rietveld

Columbia Center on Sustainable Investment Staff Publications

Given their collective size – approximately $3.5 trillion in assets as of end-2013 and growing – and concerns about the motivations of their government owners, much has been written on natural resource funds (NRFs), their investments and global influence. However their impacts on governance and public financial accountability at home have received far less attention.

On the one hand, these funds can be used to serve the public interest, for example by covering budget deficits when resource revenues decline, saving for future generations, or helping to mitigate Dutch Disease through fiscal sterilization. On the other hand, they can undermine public …

Meat Animals, Humane Standards And Other Legal Fictions, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

Law and food are distinct concepts, though the discipline (Law and Food) implies a relationship worthy of study. The conjunction (“and”) creates meaning. However, its absence also conveys meaning. For example, “meat animal” suggests that animals can be both meat and animal. This conflation has powerful legal implications. National Meat Association v. Harris (2012) makes chillingly plain the law’s indifference to whether a meat animal is alive or dead. This essay examines the way supposedly humane federal practices ignore the systematic brutalization of “food animals” as those animals get processed into marketable flesh. It concludes with some observations about why …

Setting The Table For Urban Agriculture, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

This article provides context for the various roles that law plays in the cultivation of urban agriculture. This article first reflects on how popular support for the development of a legal framework that promotes urban agriculture is rooted deeply in American agrarian traditions. The article then notes the palatable tension between the rhetoric in support of urban agriculture and the modes of urban law and planning that dominated the twentieth century. It considers how various approaches to urban planning have facilitated or thwarted urban agriculture and surveys recent legal developments designed to accommodate and encourage urban agriculture projects as alternatives …

Food For Thought: Genetically Modified Seeds As De Facto Standard Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan G. Vacca

Akron Law Faculty Publications

For several years, courts have been improperly calculating damages in cases involving the unlicensed use of genetically-modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent’s status as a de facto standard essential patent. To be classified as a de facto standard essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1) dominance, …

Too Much Of A Yellow Thing? How Growing Golden Kernels Grew Into America's Corn Crises, Allison Payton Nicklin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Developing The Law Of The River: The Integration Of Law And Policy Into Hydrologic And Socio-Economic Modeling Efforts In The Willamette River Basin, Adell Louise Amos

Publications

A legal and policy infrastructure -- referred to as a "law of the river" -- exists for every river basin in the U.S. an can be as important as natural processes in terms of managing the future of the resource. Because of the way that water law and policy have evolved in the U.S., this infrastructure involves a matrix of state and federal law that governs the choices that policymakers, end users, and agencies make. This "law of the river" provides the context in which decisions are made and not made. It also draws the boundaries within which decision makers …

Strengthening The Vpa General Permit: Managing Animal Feeding Operations In Virginia To Meet State Law And The Bay Tmdl, Rachel Cannon, Jason Kane

Virginia Coastal Policy Center

No abstract provided.

The Farmer In Chief: Obama's Local Food Legacy, Sarah J. Morath

Akron Law Faculty Publications

As criticism over America’s food policy has grown, many scholars have offered suggestions for reform. Complementing this body of scholarship, The Farmer In Chief identifies and assesses recent changes to federal laws and policies as they affect ‘local food’ and describes local farmers’ awareness of and reaction to these changes. These changes and the farmers’ responses show greater recognition of local food by the President and federal government in three ways: increased inclusion of local food in legislation and policy discussions; increased awareness of the benefits of local food production and consumption; and increased consumer access to local food. But …