Animal Agriculture Liability For Climatic Nuisance: A Path Forward For Climate Change Litigation?,
2019
Texas A&M University School of Law
Animal Agriculture Liability For Climatic Nuisance: A Path Forward For Climate Change Litigation?, Daniel E. Walters
Faculty Scholarship
Despite possessing statutory authority to regulate at least some contributing causes of climate change, environmental regulators in the United States have recently found themselves tied up in political gridlock. In response, advocates are turning from the regulatory track to a common law liability track, bringing public nuisance suits against fossil fuel producers and electric utilities. However, most of these public nuisance suits have met a common fate: they have been held to be displaced by the comprehensive regulatory framework for controlling greenhouse gas emissions contained in the Clean Air Act. As long as there is even the possibility of regulatory …
Legislative And Executive Branch Developments Affecting The United States Department Of Agriculture Supplemental Nutrition Assistance Program,
2019
Georgetown University
Legislative And Executive Branch Developments Affecting The United States Department Of Agriculture Supplemental Nutrition Assistance Program, Sheila Fleischhacker, Alyssa Moran, Sara N. Bleich
Journal of Food Law & Policy
For more than forty years, the United States Department of Agriculture Supplemental Nutrition Assistance Program (SNAP; formerly Food Stamps) has offered nutrition assistance to nearly forty million eligible individuals and families each month. This article first provides a brief overview of the evolution of the United States’ largest domestic food security and nutrition safety net program. Then, the article reviews Congressional actions taken regarding SNAP during the 2018 Farm Bill deliberations, appropriations for fiscal years 2017 through 2020, and oversight (in)activities. The article focuses on Congressional activities regarding block grants; participant eligibility; benefit adequacy, issuance, and redemption; and strengthening SNAP’s …
Consumer Power To Change The Food System? A Critical Reading Of Food Labels As Governance Spaces: The Case Of Acai Berry Superfoods,
2019
University of Melbourne
Consumer Power To Change The Food System? A Critical Reading Of Food Labels As Governance Spaces: The Case Of Acai Berry Superfoods, Christine Parker, Hope Johnson, Janine Curll
Journal of Food Law & Policy
This article argues that the marketing claims on food labels are a governance space worthy of critical examination. We use a case study of superfood açaí berry products to illustrate how marketing claims on food labels encapsulate dominant neoliberal constructions of global food systems. These marketing claims implicitly promise that by making careful choices consumers can resist and redress the ravages of unbridled global capitalism. Food labels suggest that consumers can use market signals to simultaneously govern our own selves and the market to ensure sustainable, fair, and healthy consumption. In response, this article develops, justifies and applies a socio-legal …
The Clash Of Agricultural Exceptionalism And The First Amendment: A Discussion Of Kansas' Ag-Gag Law,
2019
University of Arkansas, Fayetteville
The Clash Of Agricultural Exceptionalism And The First Amendment: A Discussion Of Kansas' Ag-Gag Law, Meredith Kaufman
Journal of Food Law & Policy
Since the Nation’s founding, agricultural production has been treated differently than other industries. This concept, known as “agricultural exceptionalism,” has manifested in many different ways throughout U.S. history. Since the 1990s, one manifestation of agricultural exceptionalism has been the enactment of “Ag-gag laws,” state laws that limit information gathering activities at animal production facilities. Ag-gag laws are frequently criticized by animal welfare advocates and legal scholars for seeking to shield animal production facilities from public scrutiny, a state-sanctioned protection not afforded to other industries.
Blockchain Meets Genomics: Governance Considerations For Promoting Food Safety And Public Health,
2019
Arizona State University
Blockchain Meets Genomics: Governance Considerations For Promoting Food Safety And Public Health, Walter G. Johnson
Journal of Food Law & Policy
Foodborne illness remains an ongoing public health challenge in both the developing and industrialized worlds. In the United States, almost 50 million reported cases of infectious disease occur every year from a food product, resulting in substantial morbidity and mortality with economic burdens to health care and productivity. Despite recognition as a leader in food safety, the U.S. experiences longstanding and novel issues in food safety. Advances in whole genome sequencing (WGS) promise to bolster food safety regulators’ capabilities to identify pathogens and determine their source. However, inefficiencies in tracing food products through the supply chain remain.
Federal Regulation Of Pesticide Residues: A Brief History And Analysis,
2019
Fafinski, Mark and Johnson
Federal Regulation Of Pesticide Residues: A Brief History And Analysis, Kate Z. Graham
Journal of Food Law & Policy
In the United States today, there are over 900 pesticides in use1 and over 400 are approved for use in food production, whether used as part of the growing process or in post-harvest handling. Although the history of pesticide use in food crops goes back centuries, the post-war period has seen an enormous growth in the varieties and amounts of pesticides used in our food system. As our reliance on pesticides has grown, pesticides have become a divisive issue. Pesticide advocates view them as essential to a secure and reliable food supply needed to feed a growing world population. Detractors, …
Solving The Opioid Epidemic In Ohio,
2019
Cleveland-Marshall College of Law
Solving The Opioid Epidemic In Ohio, Lacy Leduc
Journal of Law and Health
On May 31, 2017, Ohio Attorney General Mike DeWine took a step in fighting Ohio's opioid epidemic, bringing the first of many lawsuits against five top pharmaceutical companies. However, under Federal and State law, there is an exception called the Learned Intermediary Doctrine, which can absolve drug manufacturers of liability from any misconduct that might be found and transfer that liability to a treating physician. This exception is the way many drug manufacturers were able to avoid being held responsible in the past. This Note proposes that with the current pending lawsuit in the State of Ohio, an exception to …
Something To Wine About: What Proposed Revisions To Wine Labeling Requirements Mean For Growers, Producers, And Consumers,
2019
Brooklyn Law School
Something To Wine About: What Proposed Revisions To Wine Labeling Requirements Mean For Growers, Producers, And Consumers, Deborah Soh
Brooklyn Journal of Corporate, Financial & Commercial Law
Title 27 of the Code of Federal Regulations governs the standards for the information that is printed on wine bottle labels, including the appellation of origin. Currently, however, wines are exempt from these regulations if they will not be introduced in interstate commerce. There is a proposed amendment to the Code that would bring all wines, regardless of whether they are sold interstate or solely intrastate, under the federal standards for wine labeling. Between the current system, which permits exempt wines to sidestep the regulations, and the proposal, which would exact strict standards of compliance uniformly, lies a middle-ground approach …
“Big” Food, Tobacco, And Alcohol: Reducing Industry Influence On Noncommunicable Disease Prevention Laws And Policies,
2019
The University of Sydney Law School
“Big” Food, Tobacco, And Alcohol: Reducing Industry Influence On Noncommunicable Disease Prevention Laws And Policies, Belinda Reeve, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The food, tobacco and alcohol industries have penetrated markets in low- and middle-income countries (LMICs), with a significant impact on these countries’ burden of noncommunicable diseases (NCDs). Tangcharoensathien and colleagues describe the aggressive marketing of unhealthy food, alcohol and tobacco in LMICs, as well as key tactics used by these industries to resist laws and policies designed to reduce behavioural risk factors for NCDs. This commentary expands on the recommendations made by Tangcharoensathien and colleagues for preventing or managing conflicts of interest and reducing undue industry influence on NCD prevention policies and laws, focusing on the needs of LMICs. A …
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation,
2019
N/A
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
Seattle Journal of Environmental Law
Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how …
Makeup Call: How Cosmetic Product Use Affects Women Absent Federal Regulation,
2019
William & Mary Law School
Makeup Call: How Cosmetic Product Use Affects Women Absent Federal Regulation, Gabrielle Eriquez
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Current State Of Opioid Litigation,
2019
Rosenberg College of Law University of Kentucky
The Current State Of Opioid Litigation, Richard C. Ausness
Law Faculty Scholarly Articles
Opioid litigation began around the turn of the century and mostly involved unsuccessful lawsuits by addicts against the manufacturers of prescription opioids. The landscape began to change several years ago when a number of state and local governments filed lawsuits against opioid drug manufacturers, seeking damages and other relief for the social and economic consequences of widespread opioid addiction in their territory. Since then, hundreds of government entities (hereinafter referred to as "government plaintiffs") have sued the manufacturers, distributors, prescribers, retail sellers, corporate officers and physician promoters of opioid products (hereinafter referred to as "defendants"). When I began working on …
Time For A Fresh Look At Strict Liability For Pharmaceuticals,
2019
University of Kentucky College of Law
Time For A Fresh Look At Strict Liability For Pharmaceuticals, Mary J. Davis
Cornell Journal of Law and Public Policy
Part I provides a brief and basic explanation of pharmaceutical liability treatment. Part II explains the impact of federal preemption doctrine, which has dramatically limited the operation of tort law in pharmaceutical liability cases. Part I11 explains the parallel trends in the marketing and use of pharmaceuticals that increase the incidence of adverse drug events, affect prescribing practices, and fail to enhance informed practitioner and consumer choice in use of pharmaceuticals. Part IV provides support for the application of strict liability given the convergence of these trends. This Part also provides a theoretical justification for strict liability in tort for …
A Prescription For Disaster: How Local Governments' Abuse Of Public Nuisance Claims Wrongly Elevates Courts And Litigants Into A Policy-Making Role And Subverts The Equitable Administration Of Justice,
2019
University of South Carolina
A Prescription For Disaster: How Local Governments' Abuse Of Public Nuisance Claims Wrongly Elevates Courts And Litigants Into A Policy-Making Role And Subverts The Equitable Administration Of Justice, Luther J. Strange Iii
South Carolina Law Review
No abstract provided.
Opioid Policing,
2019
University of North Carolina at Chapel Hill
Opioid Policing, Barbara Fedders
Indiana Law Journal
This Article identifies and explores a new, local law enforcement approach to alleged drug offenders. Initially limited to a few police departments, but now expanding rapidly across the country, this innovation takes one of two primary forms. The first is a diversion program through which officers refer alleged offenders to community-based social services rather than initiate criminal proceedings. The second form offers legal amnesty as well as priority access to drug detoxification programs to users who voluntarily relinquish illicit drugs. Because the upsurge in addiction to —and death from—opioids has spurred this innovation, I refer to it as “opioid policing.” …
Time For A Fresh Look At Strict Liability For Pharmaceuticals,
2019
Rosenberg College of Law University of Kentucky
Time For A Fresh Look At Strict Liability For Pharmaceuticals, Mary J. Davis
Law Faculty Scholarly Articles
Part I provides a brief and basic explanation of pharmaceutical liability treatment. Part II explains the impact of federal preemption doctrine, which has dramatically limited the operation of tort law in pharmaceutical liability cases. Part III explains the parallel trends in the marketing and use of pharmaceuticals that increase the incidence of adverse drug events, affect prescribing practices, and fail to enhance informed practitioner and consumer choice in use of pharmaceuticals. Part IV provides support for the application of strict liability given the convergence of these trends. This Part also provides a theoretical justification for strict liability in tort for …
Legal Implications Of "Organic" Seafood Labeling Based On Foreign Standards,
2019
Senior Staff Attorney, Marine Affairs Institute, Roger Williams University School of Law
Legal Implications Of "Organic" Seafood Labeling Based On Foreign Standards, Read Porter, Kathryn Kulaga
Sea Grant Law Fellow Publications
No abstract provided.
Local Perceptions Of Cannabis And Cannabis Laws In Morocco: Unpacking Past Laws, Moroccans' Perceptions, And Exploring Organizational Efforts,
2019
SIT Study Abroad
Local Perceptions Of Cannabis And Cannabis Laws In Morocco: Unpacking Past Laws, Moroccans' Perceptions, And Exploring Organizational Efforts, Shadae Tingman
Independent Study Project (ISP) Collection
In Morocco, cannabis production and consumption are illegal, both medicinally and recreationally. The cultivation of the plant is among the top five in the world. This research will explore many aspects of cannabis in Morocco. There is much literature that exists surrounding the agricultural, economic, and political implications of cannabis, but this research will focus on social perceptions of cannabis and cannabis laws of local Moroccans. This research will explore past government attempts to legalize marijuana and why they did not pass. It will also explore the work of local youth organizations (that focus on cannabis) to understand what they …
Pass The Revenue: How Section 280e Is Harming The Medical Marijuana Industry,
2019
Benjamin N. Cardozo School of Law
Pass The Revenue: How Section 280e Is Harming The Medical Marijuana Industry, Liam Mckillop
Cardozo International & Comparative Law Review
The note argues that Section 280E of the Internal Revenue Code unfairly penalizes medical marijuana businesses by disallowing ordinary business expense deductions, despite their legality under state laws. It proposes that Congress should amend Section 280E to create an exception for medical marijuana companies, allowing them to deduct business expenses, thereby promoting industry growth and aligning tax policy with current societal and scientific understanding of marijuana's medical benefits.
An Overview Of Industrial Hemp Law In The United States,
2019
University of the District of Columbia School of Law
An Overview Of Industrial Hemp Law In The United States, Marc Adesso, Pirjin Laser, Alex Mills
University of the District of Columbia Law Review
Since the writing of this note, the Agricultural Improvement Act of 2018 (the "Farm Bill") was signed into law by President Trump on December 20, 2018. Thus, the note below does not account for the passage of the Farm Bill and resulting change in federal law. What follows is a brief summary of sections of the Farm Bill and its relation to hemp: The Farm Bill legalizes hemp by defining it as an agricultural commodity under federal law. Removed from this new definition of hemp, are the parts of the cannabis plant that make it illegal under the Controlled Substances …
