| Author | Title | Citation | Summary | Year |
| Matthew McKerley |
WATER, WATER EVERYWHERE? ESTABLISHING A PUBLIC TRUST IN GROUNDWATER TO ADDRESS AGRICULTURAL POLLUTION IN CALIFORNIA |
43-SPG Environs Environmental Law and Policy Journal 163 (Spring, 2020) |
Unbeknownst to some, thousands of residents in California's San Joaquin Valley lack access to clean drinking water, which carries very real economic and human costs. The problems encountered by residents in the Valley disproportionately affect poor communities and communities of color. The issue thus falls directly within larger problems... |
2020 |
| Lolita Buckner Inniss |
WHILE THE WATER IS STIRRING: SOJOURNER TRUTH AS PROTO-AGONIST IN THE FIGHT FOR (BLACK) WOMEN'S RIGHTS |
100 Boston University Law Review 1637 (October, 2020) |
This Essay argues for a greater understanding of Sojourner Truth's little-discussed role as a proto-agonist (a marginalized, long-suffering forerunner as opposed to a protagonist, a highly celebrated central character) in the process that led up to the passage of the Nineteenth Amendment. Though the Nineteenth Amendment failed to deliver on its... |
2020 |
| Andrea Freeman |
YOU BETTER WORK: UNCONSTITUTIONAL WORK REQUIREMENTS AND FOOD OPPRESSION |
53 U.C. Davis Law Review 1531 (February, 2020) |
Work requirements attached to the receipt of welfare (TANF) and food stamps (SNAP) disproportionately harm people of color. They arose out of unfounded fears of fraud based on racial stereotypes like the Welfare Queen. While food assistance helps raise households out of poverty, work requirements do not. Instead, they lead to greater food... |
2020 |
| Erin Mette |
A CONSTITUTIONAL RIGHT TO SAFE, AFFORDABLE, ACCESSIBLE DRINKING WATER |
32 Tulane Environmental Law Journal 189 (Summer, 2019) |
I. Introduction. 189 II. Background. 190 A. In re City of Detroit. 190 B. Boler v. Earley. 193 III. Analysis. 197 A. Violation of Substantive Due Process. 198 B. Violation of the Equal Protection Clause. 201 IV. Conclusion. 203 |
2019 |
| George S. Swan |
A WATERGATE LAWYER-HERO'S WORLD WAR II NAZI CAMPS-RESPONSE: A CHESTERFIELD H. SMITH-CENTENARY REAPPRECIATION |
11 Elon Law Review 137 (2019) |
I. Introduction. 139 A. Chesterfield Harvey Smith, Senior: Watergate Lawyer-Hero. 139 B. Chesterfield Harvey Smith, Senior: Second World War Hero. 141 II. The Saturday Night Massacre, and its Aftermath. 143 A. The Fever in America: October 1973. 143 B. The Climate in America: 1995-2003. 146 III. Five Liberated Nazi Camp Warstories. 148 A. The Smith... |
2019 |
| Dunia P. Zongwe |
AFRICA CAN DRUM UP LARGE INFRASTRUCTURE DEALS WITH FOOD |
34 American University International Law Review 637 (2019) |
I. INTRODUCTION. 637 II. ARGUMENT FOR THE MAIN PROPOSITION. 640 III. THE BUI DAM SCENARIO. 641 IV. THE BACKSTORY. 644 V. COMPLICATIONS. 657 VI. UPSHOT OF WHAT IS PROVEN. 662 VII. POLICY IMPLICATIONS. 668 |
2019 |
| Charlotte E. Blattner , Odile Ammann |
AGRICULTURAL EXCEPTIONALISM AND INDUSTRIAL ANIMAL FOOD PRODUCTION: EXPLORING THE HUMAN RIGHTS NEXUS |
15 Journal of Food Law & Policy 92 (Fall, 2019) |
The host of negative effects of animal agriculture on the immediate environment, workers, and local communities are well-documented, yet little is known about the global repercussions of animal agriculture, especially on human rights guarantees. This contribution attempts to begin filling this soaring gap. It examines the nexus between industrial... |
2019 |
| Walter G. Johnson, M.S.T.P. |
BLOCKCHAIN MEETS GENOMICS: GOVERNANCE CONSIDERATIONS FOR PROMOTING FOOD SAFETY AND PUBLIC HEALTH |
15 Journal of Food Law & Policy 74 (Spring, 2019) |
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... |
2019 |
| Robert W. Adler |
COEVOLUTION OF LAW AND SCIENCE: A CLEAN WATER ACT CASE STUDY |
44 Columbia Journal of Environmental Law 1 (January 17, 2019) |
I. Introduction. 2 A. Science and Regulation. 2 B. Competing Models of Science and Regulation. 5 II. The Role of Biological Water Quality Criteria (Biocriteria) in the Clean Water Act. 10 A. The Statutory Background. 10 1. CWA Statutory Objective and Subsidiary Goals. 11 2. The Qualified Discharge Ban. 12 B. Water Quality Standards. 15 1. Water... |
2019 |
| Heather McLeod-Kilmurray |
DOES THE RULE OF ECOLOGICAL LAW DEMAND VEGANISM?: ECOLOGICAL LAW, INTERSPECIES JUSTICE, AND THE GLOBAL FOOD SYSTEM |
43 Vermont Law Review 455 (Spring, 2019) |
Introduction. 455 I. Defining Ecological Law and the Global (Animal) Food System. 458 II. Does Ecological Law Require Interspecies Justice?. 464 III. Does Interspecies Justice Demand (Human) Veganism?. 465 IV. Would Ending or Reducing Industrial Animal Agriculture Enhance or Challenge Inter- and Intragenerational Human Justice? The 10 Features... |
2019 |
| Shreya Ahluwalia |
FOOD AID TO THE DEVELOPING WORLD: THE SUBVERSIVE EFFECTS OF MODERN-DAY NEO-COLONIALISM |
9 Seattle Journal of Environmental Law 357 (2019) |
I. Introduction. 358 II. Thesis. 360 III. Roadmap. 364 IV. Setting Up the Issue of Food Aid. 365 V. The Concept of Environmental Racism. 366 VI. Introduction to Food Aid Policy in the United States Throughout History. 367 VII. The Modern Era of Food Aid. 368 A. Neo-Colonialism and the Cold War. 371 B. The Food For Peace Program. 374 C. A Brief Case... |
2019 |
| Kelly Nuckolls |
HOW DEMOCRATIC IS OUR FOOD SYSTEM? BRIEF REFLECTIONS ON THE STATE OF FOOD DEMOCRACY IN THE UNITED STATES |
24 Drake Journal of Agricultural Law 231 (Summer, 2019) |
Sustainability is not something somebody else does for us--it is something we choose in the decisions we make and the foods we eat. - Neil Hamilton I. Introduction. 232 II. Food Democracy Trends in United States Agricultural Law and Policy. 234 A. Engagement. 234 B. Inclusion and Representation. 234 C. Opportunity to Make a Decision. 235 D.... |
2019 |
| Dr. Frankie Griffin, M.D., J.D. |
SOCIAL DETERMINANTS OF HEALTH AND THE LAW: MUNICIPALITIES' SUPERSONIC WATER BILLING CYCLES ENDANGER ARKANSANS' HEALTH |
54-WTR Arkansas Lawyer 40 (Winter, 2019) |
Imagine arriving home from Arkansas Children's Hospital (ACH) on a Saturday afternoon with your child fresh from a major heart surgery requiring access to water for urgent hydration, postoperative wound care, and toileting, only to find that your family's water had been shut off without your knowledge while you were at ACH with your child--even... |
2019 |
| Jeanne M. Woods , Sarah M. Lambert |
THE COLLAPSE OF DEMOCRACY: THE FLINT WATER CRISIS FROM A HUMAN RIGHTS PERSPECTIVE |
20 Loyola Journal of Public Interest Law 177 (Spring, 2019) |
INTRODUCTION A. The Disenfranchisement B. The Water Crisis I. The Treaty Obligations of the United States: The Right to Democracy A. The Inter-American System B. The ICCPR II. Regional Customary Law III. Other Human Rights Abridged by the Violation of the Right to Democracy IV. Evolutive Human Rights Law: Analyzing the Flint Water Crisis in the... |
2019 |
| Jessica Owley , Amy Wilson Morris |
THE NEW AGRICULTURE: FROM FOOD FARMS TO SOLAR FARMS |
44 Columbia Journal of Environmental Law 409 (2019) |
Introduction. 411 I. The Push for Solar and the Need for Renewables. 417 II. Farmland Protection in California. 423 A. Farmland Mapping and Monitoring Program (FMMP). 427 B. Williamson Act of 1965. 428 1. Williamson Act Basics. 428 2. The Williamson Act and Solar Development. 436 a. Nonrenewal. 437 b. Compatibility. 438 c. Cancellation. 441 d.... |
2019 |
| Emily M. Broad Leib, Margot J. Pollans |
THE NEW FOOD SAFETY |
107 California Law Review 1173 (August, 2019) |
A safe food supply is essential for a healthy society. Our food system is replete with different types of risk, yet food safety is often narrowly understood as encompassing only foodborne illness and other risks related directly to food ingestion. This Article argues for a more comprehensive definition of food safety, one that includes not just... |
2019 |
| Leigh S. Barton |
WATER IS POWER: AN ANALYSIS OF CITIES' POWER TO PROCURE MUNICIPAL WATER SUPPLIES |
42-SPG Environs Environmental Law and Policy Journal 95 (Spring, 2019) |
How powerful are U.S. cities? This question forms the basis of a massive debate in the urban law and policy field. Some believe that cities are, or at least have the potential to be, extremely powerful. Others believe that cities are completely powerless. This paper seeks to contribute towards the assertion that cities are in fact powerful.... |
2019 |
| Chan Tov McNamarah |
WHITE CALLER CRIME: RACIALIZED POLICE COMMUNICATION AND EXISTING WHILE BLACK |
24 Michigan Journal of Race and Law 335 (Spring, 2019) |
Over the past year, reports to the police about Black persons engaged in innocuous behaviors have bombarded the American consciousness. What do we make of them? And, equally important, what are the consequences of such reports? This Article is the first to argue that the recent spike in calls to the police against Black persons who are simply... |
2019 |
| Andrew R. Highsmith |
A POISONOUS HARVEST: RACE, INEQUALITY, AND THE LONG HISTORY OF THE FLINT WATER CRISIS |
18 Journal of Law in Society 121 (Fall, 2018) |
Table of Contents Abstract. 121 I. Introduction. 122 II. A Segregated Metropolis. 126 III. Deindustrialization and Metropolitan Fragmentation. 131 IV. STARVING THE CITY. 136 V. Conclusion. 139 |
2018 |
| Jonathan Brown |
BEYOND CORPORATE FORM: A RESPONSE TO DAN DEPASQUALE, SURBHI SARANG, AND NATALIE BUMP VENA'S FORGING FOOD JUSTICE THROUGH COOPERATIVES IN NEW YORK CITY |
45 Fordham Urban Law Journal 1121 (May, 2018) |
Introduction. 1121 I. Distinguishing and Categorizing Policy Objectives and Types of Cooperatives. 1122 II. The Limitations of Legal Forms. 1124 A. New York Cooperative Corporation Law. 1125 B. The Risk of Making Policy Based on Cooperatives as a Legal Form. 1127 III. Beyond Cooperatives: The Role of Other Enterprise Models. 1130 A. The Unique... |
2018 |
| Camille Pannu |
BRIDGING THE SAFE DRINKING WATER GAP FOR CALIFORNIA'S RURAL POOR |
24 Hastings Environmental Law Journal 253 (Summer, 2018) |
Spurred by decades of inaction and continued exposure to unsafe drinking water, community leaders from California's disadvantaged communities (DACs) advocated for the creation of a human right to water under state law. Shortly thereafter, the California Legislature put forward a bond to finance much needed water infrastructure improvements and... |
2018 |
| Tamar Meshel |
ENVIRONMENTAL JUSTICE IN THE UNITED STATES: THE HUMAN RIGHT TO WATER |
8 Washington Journal of Environmental Law & Policy 264 (July, 2018) |
Many low-income communities, communities of color, and indigenous communities in the United States are suffering from unequal access to safe and affordable water. This is partially the result of an ineffective and fragmented legal framework governing water issues in the country. In addition, the notion of a human right to water and sanitation,... |
2018 |
| William H. Goodman |
FLINT, WATER AND RACE: PROVING RACIAL INTENT IN THE FLINT WATER CRISIS |
18 Journal of Law in Society 142 (Fall, 2018) |
The State of Michigan, its governor, and his agents poisoned an entire city, Flint Michigan, purportedly to save money. Certainly, such misconduct - deliberately inflicting appalling injury on an entire community, in particular its children - implicates the constitutional rights of those people, in particular, their rights under the Fourteenth... |
2018 |
| Baylen J. Linnekin |
FOOD LAW GONE WILD: THE LAW OF FORAGING |
45 Fordham Urban Law Journal 995 (May, 2018) |
I tend to believe that most laws limiting foraging manifest a conscious or unconscious racial or class bias, although not everyone agrees with me. --Professor Karl Jacoby C1-2Table of Contents Introduction. 996 I. Foraging in America Today. 999 A. What Is (and Isn't) Foraging?. 999 B. Foraging Is a Growing Trend in America. 1000 C. Who Forages in... |
2018 |
| Dan DePasquale , Surbhi Sarang , Natalie Bump Vena |
FORGING FOOD JUSTICE THROUGH COOPERATIVES IN NEW YORK CITY |
45 Fordham Urban Law Journal 909 (May, 2018) |
Introduction. 910 I. The Unsustainable, Inequitable State of the United States Food System. 912 A. Inequity in Food Access. 912 B. Employment Conditions in the Food System. 914 C. Environmental Impacts of the Food System. 915 II. Food Justice. 915 III. Cooperatives and Food Justice. 918 A. History of Cooperatives in the United States. 919 B. How... |
2018 |
| Jason Robison , Barbara Cosens , Sue Jackson , Kelsey Leonard , Daniel McCool |
INDIGENOUS WATER JUSTICE |
22 Lewis & Clark Law Review 841 (2018) |
Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing colonial legacies and hold profound significance for Indigenous Peoples' socioeconomic development, cultural identity, and political autonomy and external relations within nation-states. Ultimately, Indigenous Peoples' right to... |
2018 |
| K. Sabeel Rahman |
INFRASTRUCTURAL EXCLUSION AND THE FIGHT FOR THE CITY: POWER, DEMOCRACY, AND THE CASE OF AMERICA'S WATER CRISIS |
53 Harvard Civil Rights-Civil Liberties Law Review 533 (Fall, 2018) |
C1-2Table of Contents Introduction. 533 I. Infrastructural exclusion. 536 A. The Flint water crisis. 536 B. Mechanisms of infrastructural exclusion. 538 II. Toward a political theory of infrastructure: Power, democracy, and the public utility tradition. 541 III. Constructing inclusive infrastructure: water and beyond. 547 A. Mandating water equity.... |
2018 |
| Nathan A. Rosenberg , Nevin Cohen |
LET THEM EAT KALE: THE MISPLACED NARRATIVE OF FOOD ACCESS |
45 Fordham Urban Law Journal 1091 (May, 2018) |
Introduction. 1092 I. The Food Access Narrative. 1093 A. Third Way Politics and Food Access. 1094 B. The Emergence of Food Access in the United States. 1097 C. Municipal Politics and Food Access. 1099 D. Food Access and the Obesity Epidemic. 1100 II. Food Access Policies. 1101 A. The Retail Initiative. 1102 B. State and Local Fresh Food Financing... |
2018 |
| Alfredo Tigerino |
SATIATING FOOD INSECURE COLLEGE STUDENTS. RESTOCKING THE SHELVES BY EXPANDING POLICIES IN CALIFORNIA'S LEGISLATION |
24 Journal of Law, Business & Ethics 105 (Winter, 2018) |
Contents I. Introduction. 106 II. Definition of Food and Sustainably Grown Foods. 107 III. Fruitless Efforts to Eradicate Food Insecurity. 108 A. Food Insecurity. 108 B. Food Insecurity in California Colleges and Universities Harms Students' Education. 110 C. Legal Authority in Addressing Food Insecurity. 111 D. Federal Efforts in Addressing Food... |
2018 |
| Nicholas Freudenberg , Nevin Cohen , Janet Poppendieck , Craig Willingham |
TEN YEARS OF FOOD POLICY GOVERNANCE IN NEW YORK CITY: LESSONS FOR THE NEXT DECADE |
45 Fordham Urban Law Journal 951 (May, 2018) |
Introduction. 952 I. Food Policy Governance Standards. 955 II. Food Policy in New York City Since 2008. 959 A. Food Standards and Food Policy Coordinator. 969 B. Food Retail Expansion to Support Health (FRESH). 972 C. Changes in SNAP Enrollment and Outreach. 975 D. Universal Free Lunch. 976 E. Portion Cap Limitation. 977 III. An Assessment of... |
2018 |