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The U.S. Dairy Industry In The 20th And 21st Century, George B. Frisvold 2021 University of Arizona, Tucson

The U.S. Dairy Industry In The 20th And 21st Century, George B. Frisvold

Journal of Food Law & Policy

At the beginning of the 20th Century, the U.S. dairy industry was comprised of millions of small-scale operations producing for their own or for very local consumption. By the end of the 20th Century, the industry was dominated by large-scale producers marketing products via large cooperatives. Improvements in transportation, advances in animal breeding and feeding technologies, and scale economies have allowed the industry to be more competitive on global markets, where there is now active international trade in dairy products. Major government programs to support dairy farm income date back to Depression-era problems facing the industry. Federal programs to ...


Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond 2021 Fordham Law School

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell 2021 Fordham Law School

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...


Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq. 2021 Fordham Law School

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...


"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller 2021 Fordham Law School

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...


The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer 2021 Fordham Law School

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...


Loving It To Pieces: Eu Law In Us Legal Academia, Revisited, Daniela Caruso 2021 Boston Univeristy School of Law

Loving It To Pieces: Eu Law In Us Legal Academia, Revisited, Daniela Caruso

Faculty Scholarship

The Editors of the Special Issue have kindly invited me to update earlier reflections on the state of EU law in US legal academic. For a variety of reasons, it is important to me not to mislead the reader with the false promise of some kind of summa. What follows is my own perception of a complicated landscape, which I shall sketch lightly here in the hop of prompting other scholars of EU Law to report on their own US experience.


European Union Food Law Update, Nicole Coutrelis 2021 Coutrelis & Associates, Brussels

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

On March 31, 2006, the European Commission published Council Regulation (EC) No. 510/2006 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs. This new regulation repealed Council Regulation (EEC) No. 2081/92 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs mainly to bring Community law into conformity with the World Trade Organization (WTO) agreements and the findings of a recent WTO panel. Under the new Regulation, persons in third countries (non-European Union members) are entitled to address applications for the protection of geographic names and statements ...


Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. van der Meulen, Annelies A. Freriks 2021 Wageningen University, the Netherlands

Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks

Journal of Food Law & Policy

This contribution discusses animal traceability, identification and labeling requirements in European Union (EU) law. The requirements are lex specialis to more general requirements in EU food law. The aim is to set out this body of EU law and provide some understanding regarding its background. Along with the article by Margaret Rosso Grossman, it enables the reader to compare the EU system to the United States system.


Transparency For Whom? Grounding Land Investment Transparency In The Needs Of Local Actors, Sam Szoke-Burke 2021 Columbia Law School, Columbia Center on Sustainable Investment

Transparency For Whom? Grounding Land Investment Transparency In The Needs Of Local Actors, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Transparency is often seen as a means of improving governance and accountability of investment, but its potential to do so is hindered by vague definitions and failures to focus on the needs of key local actors.

In this new report focusing on agribusiness, forestry, and renewable energy projects (“land investments”), CCSI grounds transparency in the needs of project-affected communities and other local actors. Transparency efforts that seek to inform and empower communities can also help governments, companies, and other actors to more effectively manage operational risk linked to social conflict.

Troublingly, the report finds that:

  • Disclosures around land investments continue ...


Should The European Union Fix, Leave Or Kill The Energy Charter Treaty?, Martin Dietrich Brauch 2021 Columbia Law School, Columbia Center on Sustainable Investment

Should The European Union Fix, Leave Or Kill The Energy Charter Treaty?, Martin Dietrich Brauch

Columbia Center on Sustainable Investment Staff Publications

In the early 1990s, the European Economic Community – the predecessor of the European Union (EU) – spearheaded an initiative to promote international cooperation in the energy sector, particularly with post-Soviet States in Eastern Europe and Central Asia. Out of this process the Energy Charter Treaty (ECT) was born in 1994. Going much beyond international cooperation, the treaty allows foreign investors in the energy sector to sue their host States in international arbitral tribunals and claim monetary compensation when policy measures and other State action affect their interests.

Fast-forward to 2021. With 135 known cases initiated to date, the ECT’s is ...


The Integration And Securitization Of Muslim Migrants In Europe, Yasmeen Nawwar 2021 American University in Cairo

The Integration And Securitization Of Muslim Migrants In Europe, Yasmeen Nawwar

Theses and Dissertations

In its efforts to integrate newly entering migrants into their societies, Europe has established integration policies that negatively impact these migrants, especially those from racialized backgrounds. The policies mask an agenda of securitization against outsiders who are falsely considered to be a danger to national security and national identity. Since the 9/11 attacks on the World Trade Center in the United States, many Western countries, including European countries, began to build a culture of fear against Muslims. Europe began to increasingly associate migrants with problems such as trafficking, radicalization, and terrorism. As a result, Europe began to treat migration ...


European Food Law Update, Emilie H. Leibovitch 2021 University of Metz, France

European Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

This EU Food Law Update will focus on the developments that occurred since October 2010 in the areas of genetically modified organisms, novel foods, contaminants, food quality, and labeling.


European Union Food Law Update, Emilie H. Leibovitch 2021 University of Arkansas, Fayetteville

European Union Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

The European Union (EU) is facing major institutional challenges because Ireland rejected the Treaty of Lisbon last summer. The Treaty of Lisbon aims at modifying the institutional framework of the EU; more precisely, it aims in part at modifying the interaction of the various EU regulatory bodies with one another, as well as the interaction between the EU regulatory bodies and the national ones. The next few months will be decisive in determining whether the Treaty of Lisbon will finally replace the Treaty of Nice.


European Union Food Law Update, Emilie H. Lieibovitch 2021 University of Arkansas, Fayetteville

European Union Food Law Update, Emilie H. Lieibovitch

Journal of Food Law & Policy

In June 2009, citizens of the European Union elected a new European Parliament. Some Members of the European Parliament (MEPs) were reelected while some were not. The majority party is the EPP, the Group of the European People's Party, and the Group of the Progressive Alliance of Socialists & Democrats has the second majority of the seats. The elections were still governed by the Treaty of Nice, since up until very recently, the future of the Treaty of Lisbon was still uncertain. The Treaty of Lisbon was up until now rejected by a few Member States, who, by their reluctance ...


European Union Food Law Update, Emilie H. Leibovitch 2021 University of Arkansas, Fayetteville

European Union Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

The year 2009 was chosen to be the European Year of Creativity and Innovation. Every year, the European Union selects a theme for a campaign targeted at raising awareness on a particular matter. Creativity and innovation are to be emphasized. Although skeptics will find plenty to demonstrate these two words ought to be taken with a grain of salt, one thing is certain: 2009 is the year of "New". In June 2009, European Union citizens will elect a new European Parliament, and in November 2009, a new European Commission will be appointed. In addition, the application of the Treaty of ...


Nanofood: Legal And Regulatory Challenges, Abu Bakar Munir, Siti Hajar Mohd. Yasin 2021 University of Malaya, Malaysia

Nanofood: Legal And Regulatory Challenges, Abu Bakar Munir, Siti Hajar Mohd. Yasin

Journal of Food Law & Policy

Nanotechnology will have a significant impact on food production in a variety of ways, both directly and indirectly. The growth and complexity of nanotechnology in food applications poses new challenges for the existing food regulation as well as the regulatory authority. This article seeks to examine the legal and regulatory challenges posed by the nanotechnology applications in the food industry. This article reviews some of the relevant legislation in the U.S. and E.U. in dealing with nanofood and the industry. This article also provides an assessment on the adequacy of those laws and identifies the possible gaps and ...


European Union Food Law Update, Nicole Coutrelis 2021 Coutrelis & Associates, France

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

On December 23, 2006, the European Commission published Commission Directive 2006/142/EC "amending Annex IlIa of Directive 2000/13/EC of the European Parliament and of the Council listing the ingredients which must under all circumstances appear on the labelling of foodstuffs" in regard to Directive 2000/13/EC of the European Parliament and of the Council of March 20, 2000, "on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs."' "Annex IIla of Directive 2000/13/EC lists the ingredients which must under all circumstances appear on the labeling ...


Duress In Immigration Law, Elizabeth A. Keyes 2021 Seattle University School of Law

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in ...


Religious Roots Of Corporate Organization, Amanda Porterfield 2021 Seattle University School of Law

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of ...


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