AuthorTitleCitationSummaryYear
Karrigan Börk , Sonya Ziaja AMORAL WATER MARKETS? 111 Georgetown Law Journal 1335 (June, 2023) Severe water scarcity in the western United States is prompting legitimate questions about the best way to decide which places, people, industries, and species need it most. Water markets, which allow for trading water like a commodity, are perennial proposals during times of scarcity. Water markets have an innate allure: promising to efficiently... 2023
Benjamin Longbottom , Aley Gordon BEYOND ALL DROUGHT: IMPROVING URBAN WATER CONSERVATION IN THE WEST THROUGH INTEGRATIVE WATER AND LAND USE POLICY 63 Natural Resources Journal 88 (Winter, 2023) Although droughts have long plagued the western United States, rapid population growth and climate change are making the American West increasingly water insecure. In some western states, including Arizona, Colorado, and California, decisionmakers are responding to these changes with innovative water conservation-focused land use policies. In other... 2023
Elias Walker CELESTIAL WATER LAW: CREATING A FRAMEWORK GOVERNING WATER RESOURCES IN SPACE 57 Georgia Law Review 1347 (Spring, 2023) Water has always been the most valuable resource on our little blue planet. Since the dawn of civilization, water has been at the center of human economic, military, and technological advancement. It has long been known that whoever controls access to water holds the reins of power. The modern era of outer space exploration is certainly no... 2023
Slam Dunkley CENTERING MNI WACONI IN WATER LAW: THE NATURE OF THE PONCA TRIBE OF OKLAHOMA'S WATER RIGHTS AND POTENTIAL METHODS TO ASCERTAIN THEM 13 Arizona Journal of Environmental Law & Policy 24 (Summer, 2023) Water is not a natural resource. Water is a source of life that every being on this planet has an inalienable right to. For that reason, we say Mni Waconi which means Water is Life. The law of the United States, however, ignores this fact and attempts to create a means of dominion over a source of life that is sacred and gifted with the... 2023
by Barbara L. Jones , Minneapolis, MN Does the United States Have a Duty Under Existing Treaties to Address the Navajo Nation Reservation's Water Needs? 50 Preview of United States Supreme Court Cases 3 (3/20/2023) The Navajo Nation seeks breach-of-trust remedies under 1849 and 1868 treaties, alleging that the United States breached its treaty-based obligation to make water available to the Nation on its reservation. The use of the rivers in the Southwest, including the Colorado River, have long been the subject of litigation. The case before the Court is... 2023
Benjamin Wilken DROUGHT IN THE AMERICAN WEST AND EQUITABLE WATER USE 4/10/2023 Georgetown Environmental Law Review Online 1 (4/10/2023) Horseshoe Bend on a sunny day. The American West is dry. Despite extreme weather events like the series of atmospheric rivers that doused the West Coast (from late 2022 until the time of this piece's composition), capable of dumping up to half an inch of rain an hour, the overall trend has been one of less reliable precipitation in a narrowing band... 2023
Emily Brennan ENVIRONMENTAL (IN)JUSTICE: EVALUATING THE FACTORS THAT LED TO THE JACKSON WATER CRISIS & PROPOSING A SOLUTION FOR ENVIRONMENTAL JUSTICE IN MISSISSIPPI 41 Mississippi College Law Review 244 (2023) C1-2Table of Contents I. Introduction. 244 II. Background. 247 A. The Origins of the EJ Movement in the U.S. 247 B. Introductory Studies and Literature on EJ. 249 C. Presidential Action and Commitment to Protection. 251 III. Current Pathways Available for EJ Claims. 254 A. EJ Litigation. 254 B. Federal Agencies and Offices Addressing EJ. 256 C.... 2023
Radiance Jeanette Campbell ESTABLISHING A RIGHT TO PUBLIC RECREATION: STATE-BASED WATER LAW REFORMS TO REMEDY THE NATURE ACCESS GAP 111 Georgetown Law Journal Online 201 (2023) Introduction I. The Nature Gap a. the trauma of recreation b. barriers to recreation access c. reclaiming outdoorsyness II. The Right to Recreation in the Context of Water Scarcity a. illinois 1. Attaching Water Rights to Property Ownership Hinders Public Recreation a. Illinois Should Increase Public Lands b. Illinois Should Increase Public Use of... 2023
Wendy Heipt FACTORY AQUACULTURE vs. THE RIGHT TO FOOD: THE FIRST CONFLICT ON AMERICAN SHORES 38 Journal of Environmental Law & Litigation 171 (2023) I. Introduction. 171 A. The Right to Food. 172 B. The Right to Food in the United States. 174 C. A History of Fishing in Maine. 175 D. Advocacy and Adoption of the RtF in Maine. 177 II. Aquaculture in Maine. 180 A. CAFOs and the RtF. 181 B. CAAPs and the RtF. 186 C. CAAPs in Maine: Challenges Before and After Enactment of the RtF. 188 D. The Future... 2023
Gabriel Eckstein, Paul Stanton Kibel FISHING AND FISHERIES UNDER INTERNATIONAL WATER LAW: A DIALOGUE BETWEEN PROFESSOR GABRIEL ECKSTEIN AND PROFESSOR PAUL STANTON KIBEL 15 Golden Gate University Environmental Law Journal 17 (Spring, 2023) On April 10 and 11, 2023, the Center on Urban Environmental Law (CUEL) at Golden Gate University School of Law hosted a two-day webinar on International Law Aspects of Fisheries and Hydropower in Europe. To open the webinar, Professor Gabriel Eckstein (of Texas A&M University School of Law) and Professor Paul Stanton Kibel (of Golden Gate... 2023
Michele Okoh FORGOTTEN WATERS 111 Georgetown Law Journal 723 (April, 2023) Over 43 million Americans, approximately 15% of the population, rely on private wells for drinking water. These Americans do not have access to public water systems and are not protected by the Safe Drinking Water Act. These individuals are instead left with a set of widely differing state laws regulating their drinking water wells. Most of these... 2023
Samantha Blount FRACKED REGULATION: HOW REGULATORY EXEMPTIONS FOR FRACKING HARM TRIBAL WATERS 38 Journal of Environmental Law & Litigation 255 (2023) Introduction. 255 I. Environmental and Human Health Effects of Oil and Natural Gas Production and the Gap in Monitoring and Reporting. 259 II. Current Water Pollution Issues on the Wind River Reservation and the Fort Berthold Reservation. 263 A. Wind River Reservation. 263 B. Fort Berthold Reservation. 266 III. Legal Framework of Produced Water... 2023
Thomas J. Vilsack, JD HEALTHY SCHOOL MEALS FOR ALL: THE ROLE OF FOOD LAW AND POLICY 19 Journal of Food Law & Policy 8 (Spring, 2023) On September 28, 2022, I had the tremendous privilege of kicking off the second, historic White House Conference on Hunger, Nutrition, and Health. As I discussed in my opening remarks and in the United States Department of Agriculture (USDA) post-Conference report, the first Conference held more than 50 years ago by President Nixon in 1969 had... 2023
Craig Anthony (Tony) Arnold , Frank Bencomo-Suarez , Pierce Stevenson , Elijah Beau Eisert , Henna Khan , Rachel Utz , Rebecca Wells-Gonzalez JUSTICE, RESILIENCE, AND DISRUPTIVE HISTORIES: A SOUTH FLORIDA CASE STUDY 34 Colorado Environmental Law Journal 213 (Spring, 2023) C1-2Table of Contents I. Introduction. 214 II. Social-Ecological Resilience and the Role of Justice. 217 III. Resilience Justice and Disruptive Histories. 226 IV. The Florida Everglades and Tribal Water Justice. 229 A. The Tribes. 229 B. The Everglades. 234 C. Tribal Water-Justice Struggles. 238 V. Miami and Climate Justice. 249 VI. Conclusion. 262 2023
Lacey Rammell-O'Brien KEEPING "CURRENT" WITH THE IDAHO WATER ADJUDICATIONS 66-SEP Advocate 14 (September, 2023) Greek philosopher Heraclitus of Ephesus is attributed with the expression, No man ever steps in the same river twice, for it's not the same river and he's not the same man. The Idaho Water Adjudications are much like Heraclitus' river, flowing and changing as they roll through the state. Long-time followers of the Idaho Water Adjudications know... 2023
Heather Latino LEVERAGING HOUSING PROGRAMS: ENSURING THAT FOOD ACCESS INVESTMENTS DO NOT DISPLACE PEOPLE 19 Journal of Food Law & Policy 58 (Spring, 2023) I see one-third of a nation ill housed, ill clad, ill nourished .. The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little. Franklin Delano Roosevelt, January 20, 1937 In September 2022, the Biden-Harris Administration convened a White House... 2023
Peter D. Burdon , Simon Molloy , P. T. Babie PERCEPTIONS OF WATER RIGHTS AND REFORMING WATER LAW IN INTEGRATED RIVER SYSTEMS: A USER-STAKEHOLDER ORIENTATED RESEARCH METHODOLOGY 128 Penn State Law Review Penn Statim 152 (11/26/2023) This article proposes a research methodology developed for use in studying the role that water users and the stakeholders must play in the reform of water law at three institutional levels: that governing the individual, the national, and the international. The centre-piece of the article presents a pilot study in which the proposed research... 2023
Troy Rule POSITIVE-SUM WATER-ENERGY-FOOD NEXUS GOVERNANCE 31 New York University Environmental Law Journal 117 (2023) This Article introduces the distinction between zero-sum and positive-sum water-energy-food (WEF) nexus interactions and argues for a greater policy focus on promoting interactions that are positive-sum. Historically, most WEF nexus governance research has centered on promoting more integrated management of scarcity-driven tradeoffs among nexus... 2023
Elizabeth Macpherson REFLECTING ON THE FUTURE OF HUMAN-WATER RELATIONSHIPS 48 Law and Social Inquiry 1091 (August, 2023) Andrea Ballestero. A Future History of Water. Durham, NC: Duke University Press, 2019. Water is sensational. Increasingly, social science scholarship on water is framed around explosive narratives like crisis, Anthropocene, extinction, and posthumanism (Bakker 2010; Kotzé 2014; Grear et al. 2021; Cowie, Bouchet, and Fontaine 2022). In this work,... 2023
Peyton Lindley RHETT B. LARSON, JUST ADD WATER (OXFORD UNIVERSITY PRESS, 2020) 26 University of Denver Water Law Review 141 (Fall, 2023) Rhett B. Larson is the Richard Morrison Professor of Water Law at Arizona State University's Sandra Day O'Connor College of Law and a Senior Research Fellow at the Kyl Center for Water Policy. His research focuses on the impact of technological innovation on water rights regimes, including how countries share transboundary waterbodies, and on the... 2023
  SCOTUS NAVAJO WATER CASE RECAP DISPUTED 60-NOV Arizona Attorney 8 (November, 2023) I write to express my serious concern over the misstatements and omissions contained in an article that appeared in the July-August issue (Up Shit Creek-- Looking for a Paddle) concerning a case recently decided by the U.S. Supreme Court, Arizona v. Navajo Nation, 599 U.S. _ (2023). As the Counsel of Record for the Intervenors, I am intimately... 2023
Jonathan Tromp SWEEPING REGULATIONS SWEEP-UP CRUISERS: HOW INCREASED REGULATION FOR DERELICT BOATS RESTRICTS ACCESS TO AMERICA'S WATERWAYS FOR CRUISERS 19 Animal & Natural Resource Law Review 123 (June, 2023) --John F. Kennedy, 1962 America's Cup Dinner Answering the call to the sea that President Kennedy so eloquently described, Sean and Louise traded their successful professional careers for a life that would eventually consist of cruising full-time aboard their 52 foot Nova Scotian built steel hulled trawler, Odyssey. Though during the past decade... 2023
Etienne C. Toussaint THE ABOLITION OF FOOD OPPRESSION 111 Georgetown Law Journal 1043 (May, 2023) Public health experts trace the heightened risk of mortality from COVID-19 among historically marginalized populations to their high rates of diabetes, asthma, and hypertension, among other diet-related comorbidities. However, food justice activists call attention to structural oppression in global food systems, perhaps best illuminated by the... 2023
Gary Lilienthal, Ph.D. , Nehaluddin Ahmad, LL.D. , Belay Shibeshi Awoke, LL.M. , Ashraf M. A. Elfakharani, Ph.D. THE BLUE NILE AND ITS WATERCOURSE THROUGH ETHIOPIA INTO SUDAN AND EGYPT: A PARADIGMATIC SHIFT IN WATER RIGHTS, AN ANALYTICAL OVERVIEW 36 Tulane Environmental Law Journal 7 (Summer, 2023) The February 2020 round of Washington-brokered talks among Egypt, Ethiopia, and Sudan, on filling the Grand Ethiopian Renaissance Dam (GERD) failed to reach an agreement after Ethiopia walked away from the talks. The objective of this research is to examine critically the paradigmatic interfaces between the three water rights regimes of Ethiopia,... 2023
  THE CLEAN WATER ACT'S 50TH ANNIVERSARY 53 Environmental Law Reporter (ELI) 10005 (January, 2023) October 18, 2022, marked the anniversary of the Clean Water Act (CWA), the primary federal law governing pollution control and quality of the waters of the United States. Though the Act has achieved vital successes, whether they can be sustained and how further progress can be made remain fundamental questions. On October 25, 2022, the... 2023
Joseph W. Dellapenna THE DISPUTE OVER THE STATUS AND USE OF THE SILALA RIVER (CHILE v. BOLIVIA): THE INTERNATIONAL COURT OF JUSTICE AGAIN DECLINES TO APPLY INTERNATIONAL WATER LAW 23 Wyoming Law Review 73 (2023) I. Introduction. 73 II. The Silala River Case. 74 III. An Introduction to International Law. 77 A. The Nature of Law in General. 78 B. Is International Law, Law?. 80 IV. General Conventional and Customary International Law Applicable to Internationally Shared Waters. 83 V. What the Court Might Have Done. 85 A. The Duty to Cooperate. 85 B. The... 2023
Samantha Doss THE FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS: PAST, PRESENT, AND FUTURE 76 Arkansas Law Review 219 (2023) In 2018, the United States Department of Agriculture (USDA) proposed replacing much of the Supplemental Nutrition Assistance Program (SNAP) with America's Harvest Box, a program that would directly distribute a package of non-perishable food items to low-income families. The proposal was met with intense controversy. Many hunger advocates,... 2023
Adam Crepelle THOUGHTS ON A NATION WITHIN'S DISCUSSION OF THE NAVAJO NATION'S WATER RIGHTS 52 Southwestern Law Review 208 (2023) Professor Ezra Rosser's book, A Nation Within: Navajo Land and Economic Development, paints a vivid picture of the challenges facing the Navajo Nation. The book provides a concise history of the challenges the Navajo have encountered since first European contact. Rosser clearly explains the past injustices perpetrated against the Navajo by the... 2023
Megan Saia TRAVEL IN A SNAP: ADDRESSING TRANSPORTATION BARRIERS IN SNAP RECIPIENTS TO INCREASE FOOD SECURITY 75 Florida Law Review 1005 (September, 2023) Over thirty-eight million Americans experience food insecurity each year. The Supplemental Nutrition Assistance Program (SNAP)--the largest food assistance program in the United States--seeks to eliminate this statistic. As evidenced by the prevalence at which Americans continue to experience food insecurity, SNAP is far from reaching its goal.... 2023
Rita Maguire, Nicole Klobas TRIBAL RIGHTS, WATER RIGHTS, STATES RIGHTS AND THE COLORADO RIVER: WHAT'S AT STAKE IN THE SCOTUS CASE, ARIZONA v. NAVAJO NATION 54 ABA Trends 9 (May/June, 2023) The U.S. Supreme Court recently heard oral arguments in Arizona v. Navajo Nation, No. 21-1484, a case consolidated with a separate petition for certiorari filed by the U.S. Department of the Interior (DOI), No. 21-51. The consolidated cases involve a water rights case initially brought by the Navajo Nation against DOI. The states of Arizona,... 2023
Kalyani Robbins UNCHARTED WATERS: CAN WATER RIGHTS PRINCIPLES STEM THE TIDE OF ECOSYSTEM SERVICES LOSS? 31 New York University Environmental Law Journal 155 (2023) This article will explore the ways in which we might apply aspects of the conceptual framework developed through centuries of water law to the modern need for property interests in ecosystem services. Water itself is a high-value ecosystem service, largely within the category of provisioning ecosystem services. We need access to water to survive,... 2023
Deborah Greenspan UNDERSTANDING THE FLINT WATER LITIGATION--DEFINING JUSTICE IN THE PARAMETERS OF THE ADVERSARIAL PROCESS 62 Judges' Journal 11 (Fall, 2023) It is hard to overstate the raw emotion and widespread feeling of injustice surrounding the Flint Water Crisis. It is clear many--if not most--residents of Flint, Michigan, feel they have been victimized by the very institutions and entities that are supposed to protect them and esure their safety. Numerous articles and studies have concluded the... 2023
Zachary ThummBorst WATER JUSTICE: THE NINTH CIRCUIT EXAMINES THE FAIR HOUSING ACT IN THE CONTEXT OF WATER SERVICES IN SOUTHWEST FAIR HOUSING COUNCIL, INC. v. MARICOPA DOMESTIC WATER IMPROVEMENT DISTRICT 34 Villanova Environmental Law Journal 273 (2023) Water affordability is an area of growing concern in the United States. Research suggests the price of water and sewage increased by approximately eighty percent between 2010 and 2018. In the drought-stricken southwest, water prices may rise further as states become more dependent on imported water. A 2017 study estimated that, at the time, roughly... 2023
Erin Rubin WATER RIGHTS OF PUBLIC DOMAIN ALLOTMENTS 132 Yale Law Journal Forum 957 (2/17/2023) abstract. Indigenous peoples in the United States have stewarded its land and water for millennia, but now face barriers to accessing sufficient amounts of clean, safe water. Public domain allotments (PDAs) are one solution the United States offers to provide land to Indian people, but PDAs and the rights attaching to them are insufficiently... 2023
Bill Shultz WHO WILL KEEP THE POOP OUT OF THE WATER?: THE LATEST IN THE SAGA OF CAFO REGULATION UNDER THE CLEAN WATER ACT 12/4/2023 Georgetown Environmental Law Review Online 1 (12/4/2023) Picture of a fan-vented CAFO barn. Concentrated animal feeding operations are explicitly named as a point source under the Clean Water Act, but the EPA has been woefully ineffective at monitoring and regulating manure discharges, leaving water and human health at risk. Industrial livestock producers increasingly use Concentrated Animal Feeding... 2023
Eric Leis "WATER, WATER, EVERYWHERE, NOR ANY DROP TO DRINK": HOW THE FEDERAL GOVERNMENT CAN COMBAT SALTWATER INTRUSION IN THE UPPER FLORIDAN AQUIFER 25 University of Denver Water Law Review 163 (Spring, 2022) INTRODUCTION. 163 I. The Upper Floridan Aquifer. 166 A. Groundwater. 166 B. Saltwater Intrusion. 167 C. Hydrology, Use, and Depletion of the Upper Floridan Aquifer. 168 D. Saltwater Intrusion into the Upper Floridian Aquifer. 169 II. Federal Water Rights. 170 A. Federal Reserve Water Rights. 170 1. The Development of the Winters Doctrine. 171 2.... 2022
Reed D. Benson A CONTENTIOUS MISSION: WATER SUPPLY AND CORPS OF ENGINEERS RESERVOIRS 32 Duke Environmental Law and Policy Forum 247 (Spring, 2022) The U.S. Army Corps of Engineers operates hundreds of multipurpose reservoirs nationwide, many of which provide water for municipal and industrial purposes. Demands for water from Corps reservoirs are sure to grow, and Congress has ordered the Corps to report on whether water supply should become a primary mission of the agency. The Corps has... 2022
Allyson E. Gold, Srinivas Parinandi, Allen Slater, Tyler Garrett ADVANCING POSITIVE WATER RIGHTS 81 Maryland Law Review 449 (2022) Despite its necessity to survival, the United States does not recognize a positive right to water. Instead, access is determined largely by the free market. Consequently, millions have historically lacked reliable access to clean water, a crisis that disproportionately affects minority and low-income households. Then came the COVID-19 pandemic.... 2022
Amelia Marsh ANNE MACKINNON, PUBLIC WATERS: LESSONS FROM WYOMING FOR THE AMERICAN WEST, UNIVERSITY OF NEW MEXICO PRESS (2021); 368 PP.; ISBN 978-0-8263-6241-4 25 University of Denver Water Law Review 307 (Spring, 2022) Public Waters: Lessons from Wyoming for the American West traces the development of Wyoming water law and water management beginning in the 1880s through 2020. The author, Anne MacKinnon, leverages her extensive experience living and working in Wyoming as a journalist and editor-in-chief of the Casper Star-Tribune to chronicle the development of... 2022
  California's Water Projects: Triumph and Adversity 16 The American College of Construction Lawyers Journal 3 (2022) This article is adapted from the Overton Currie lecture, given at the February 2022 meeting of the American College of Construction Lawyers, in Laguna Beach, California. 2022
Erum Sattar COMPARING COLONIAL WATER LEGACIES: FLOW AND STAGNATION IN LEGAL DEVELOPMENT 29 Buffalo Environmental Law Journal 55 (2021-2022) In 1965 Lon Fuller wrote an article, Irrigation and Tyranny, that is perhaps little known by scholars other than legal theorists of irrigation. In it, he recounted his personal interest in the ideas of the great irrigation theorist Karl Wittfogel, specifically, Wittfogel's idea of a hydraulic civilization. Fuller observed that: The historian Karl... 2022
Judith Dworkin COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS 36-WTR Natural Resources & Environment 39 (Winter, 2022) A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... 2022
Misbah Husain , Melissa K. Scanlan DISADVANTAGED COMMUNITIES, WATER JUSTICE & THE PROMISE OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT 52 Seton Hall Law Review 1513 (2022) I. Introduction. 1514 II. Water Infrastructure Need. 1515 III. Drinking Water. 1518 A. The Infrastructure Law Prioritizes Disadvantaged Communities for Funding Through the Drinking Water State Revolving Fund Program. 1518 B. The Infrastructure Law Expands Funding Opportunities to Disadvantaged Communities with Compliance Problems. 1519 IV. Clean... 2022
Jaclyn Lopez ENFORCEMENT OF CLEAN WATER ACT COULD CLEAN UP WATER, SAVE FLORIDA MANATEES 53 ABA Trends 27 (March/April, 2022) Florida's water quality crisis is best told through the eyes of a Florida manatee. Florida manatees are slow-moving herbivores, roly-poly sea cows that graze on seagrasses throughout Florida's rivers, estuaries, and nearshore marine waters. But in 2021, algae-choked water caused by nutrient pollution killed hundreds of the manatees. On Florida's... 2022
Daniel A. Kracov EUGENICS AND THE DEVELOPMENT OF U.S. FOOD AND DRUG LAW 77 Food & Drug Law Journal 135 (2022) The Food and Drug Administration (FDA) and its core statutory authorities have a complex and storied history. Historians and lawyers recounting the agency's early development--which roughly spanned from the debates culminating in the Pure Food and Drug Act of 1906 to the enactment of the Federal Food, Drug, and Cosmetic Act of 1938--typically cite... 2022
Katya S. Cronin FDA-APPROVED: HOW PFAS-LADEN FOOD CONTACT MATERIALS ARE POISONING CONSUMERS AND WHAT TO DO ABOUT IT 6 Business, Entrepreneurship & Tax Law Review 117 (Spring, 2022) Nearly every person in the United States currently has in their body dangerous amounts of chemicals proven to cause cancer, endocrine disruptions, liver and kidney failures, infertility, developmental difficulties, learning disorders, and immunodeficiencies. These chemicals are known collectively as PFAS--per-and poly-fluoroalkyl substances--and... 2022
Melissa K. Scanlan , Misbah Husain FEDERAL FUNDING AND WISCONSIN'S WATER INFRASTRUCTURE 95-DEC Wisconsin Lawyer 8 (December, 2022) People throughout the United States increasingly are at risk for diminished drinking water quality, extreme flooding, property damage, and more. In Wisconsin, as in other states, these negative consequences are unequally distributed, with low-income and minority communities disproportionately affected by such harms. Among efforts to protect the... 2022
Jennifer L. Pomeranz , Dariush Mozaffarian FOOD MARKETING TO--AND RESEARCH ON--CHILDREN: NEW DIRECTIONS FOR REGULATION IN THE UNITED STATES 50 Journal of Law, Medicine & Ethics 542 (Fall, 2022) Keywords: Food Marketing, First Amendment, Market Research on Children, Unfair and Deceptive Acts and Practices Abstract: As countries around the world work to restrict unhealthy food and beverage marketing to children, the U.S. remains reliant on industry-self regulation. The First Amendment's protection for commercial speech and previous gutting... 2022
Robin Rotman , Sophie Mendelson FOOD, FREEDOM, FAIRNESS, AND THE FAMILY FARM 125 West Virginia Law Review 1 (Fall, 2022) The concept of the family farm holds powerful sway within the American narrative, embodying both nostalgia for an imagined past and anxiety for a future perceived to be under threat. Since the founding of the United States, this cultural ideal has been invoked in support of a rosy vision of agrarian democracy while obscuring the ways in which the... 2022
Martha F. Davis HIDDEN BURDENS: HOUSEHOLD WATER BILLS, "HARD-TO REACH" RENTERS, AND SYSTEMIC RACISM 52 Seton Hall Law Review 1461 (2022) I. Introduction. 1462 II. Water Unaffordability: Impacts and Policy Responses. 1470 A. Water and Sanitation Costs Are Rising Significantly. 1470 B. Utilities' Efforts to Address Unaffordability. 1475 1. Customer Assistance Plans. 1475 i. Lifeline Programs. 1475 ii. Charitable Programs. 1476 iii. Flexible Payment Plans. 1478 iv. Temporary... 2022
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