Liza Guerra Garcia "FREE THE LAND" : A CALL FOR LOCAL GOVERNMENTS TO ADDRESS CLIMATE-INDUCED FOOD INSECURITY IN ENVIRONMENTAL JUSTICE COMMUNITIES 41 William Mitchell Law Review 572 (2015) I. Introduction. 573 II. Climate Change. 574 A. The Science of Climate Change. 576 B. Impacts and Projections. 577 C. Minnesota's Changing Climate. 580 III. Overview of Environmental Justice. 582 IV. Environmental Justice and Food Security. 585 A. The Nexus of Environmental Justice, Vulnerability, and Food Insecurity. 585 B. Urban Indigenous... 2015
Aeyal Gross , Tamar Feldman "WE DIDN'T WANT TO HEAR THE WORD 'CALORIES"D': RETHINKING FOOD SECURITY, FOOD POWER, AND FOOD SOVEREIGNTY--LESSONS FROM THE GAZA CLOSURE 33 Berkeley Journal of International Law 379 (2015) Everybody is hungry, nobody is starving. Chirster Nordhal In the summer of 2007 Israel imposed a yet-to-be lifted closure on the Gaza Strip, restricting the movement of goods and people into and out of Gaza. Israel holds its closure policy to be legal under international law so long as it meets the humanitarian minimum standard and allows the... 2015
Michelle Nowlin , Emily Spiegel , Graham McHenry (M)EAT LOCALĀ® : MARKET AND DISTRIBUTION CHALLENGES IN THE LOCAL MEAT SYSTEM 25 Duke Environmental Law and Policy Forum 339 (Spring 2015) I. Introduction. 340 II. The Livestock Industry: At a Glance. 342 A. Historic and Recent Trends. 342 B. What Is Local Meat?. 347 C. Regulatory Considerations. 351 1. Federally Inspected Facilities. 353 2. State Inspected Facilities. 354 3. Talmadge-Aiken Facilities. 355 4. Custom Exempt Facilities. 355 5. The Cooperative Interstate Shipment... 2015
Laura Fisher ADMINISTRATIVE LAW -- ALL (FOOD) POLITICS IS LOCAL: COOPERATIVE FEDERALISM, NEW ENGLAND SMALL FARMS, AND THE FOOD SAFETY MODERNIZATION ACT 37 Western New England Law Review 337 (2015) The family farm: it is way up there next to God and country, close to baseball and motherhood. . . . Family farming belongs to our secular theology. Successive iterations of federal farm policy designed to maximize production have driven the romanticized Jeffersonian idea of the family farmer to the brink of extinction. Gary Gemme and Davey... 2015
Mallory Irwinsky COALBED METHANE DEVELOPMENT IN WYOMING AND MONTANA: THE POTENTIAL IMPACTS OF MONTANA V. WYOMING, COALBED METHANE DEVELOPMENT, AND WATER QUALITY ON THE TRIBES OF THE POWDER RIVER AND WIND RIVER BASINS 39 American Indian Law Review 553 (2014-2015) For the past few decades, the production of coalbed methane (CBM) across the United States has grown as the demand for fuel has increased across the nation, coupled with a desire for cleaner-burning energy sources. CBM, a form of natural gas, is not only cheaper to produce than conventional natural gas, but it is touted as a clean energy... 2015
Benjamin Mason Meier , Yuna Kim HUMAN RIGHTS ACCOUNTABILITY THROUGH TREATY BODIES: EXAMINING HUMAN RIGHTS TREATY MONITORING FOR WATER AND SANITATION 26 Duke Journal of Comparative & International Law 141 (Fall 2015) Framing scholarship on human rights accountability through treaty bodies, this article examines the water and sanitation content of state human rights reporting to the United Nations Committee on Economic, Social and Cultural Rights. In this novel application of analytic coding methods to state human rights reports, the authors trace the... 2015
Tanya Kapoor IS SUCCESSFUL WATER PRIVATIZATION A PIPE DREAM?: AN ANALYSIS OF THREE GLOBAL CASE STUDIES 40 Yale Journal of International Law 157 (Winter 2015) Introduction. 158 I. Methodology. 161 A. Class Dynamics. 161 B. Business and Deal Structure. 162 C. Political Climate. 163 II. Cochabamba, Bolivia. 163 A. Background. 163 B. The Cochabamba Privatization. 164 C. The Model Applied. 167 III. KwaZulu-Natal, South Africa. 171 A. Background. 171 B. The KwaZulu-Natal Privatization. 172 C. The Model... 2015
Andrea Freeman THE 2014 FARM BILL: FARM SUBSIDIES AND FOOD OPPRESSION 38 Seattle University Law Review 1271 (Summer, 2015) The 2014 Farm Bill ushered in some significant and surprising changes. One of these was that it rendered the identity of all the recipients of farm subsidies secret. Representative Larry Combest, who is now a lobbyist for agribusiness, first introduced a secrecy provision into the bill in 2000. The provision, however, only applied to subsidies made... 2015
Calvin R. Edwards Jr. THINKING OUTSIDE THE BUN: HOW CHICAGO CAN COMBAT FOOD DESERTS AND OBESITY THROUGH PUBLIC HEALTH POLICES AND THE LAW 9 DePaul Journal for Social Justice 136 (Winter 2015) 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 D. Roosevelt Michelle lives in a small three-bedroom bungalow located deep in the south side of Chicago. Michelle, her husband Darius, and her two children share the home with her... 2015
Andrea Freeman TRANSPARENCY FOR FOOD CONSUMERS: NUTRITION LABELING AND FOOD OPPRESSION 41 American Journal of Law & Medicine 315 (2015) Transparency for consumers through nutrition labeling should be the last, not the first, step in a transformative food policy that would reduce dramatic health disparities and raise the United States to the health standards of other nations with similar resources. Nonetheless, transparency in the food system is a key focal point of efforts to... 2015
Robert H. Abrams WATER LAW TRANSITIONS 66 South Carolina Law Review 597 (Spring, 2015) I. The Limitations of Reasonable Use Riparianism and the Need for Change. 600 II. A Cameo Description of the Typical Regulated Riparianism System. 607 III. Looking at South Carolina's Act 247 of 2010: A Critique of Unusual Provisions in the South Carolina Statute. 611 A. The Law and its Principal Standard. 611 IV. Transition from Common Law... 2015
Carmen G. Gonzalez WORLD POVERTY AND FOOD INSECURITY 3 Penn State Journal of Law & International Affairs 56 (February, 2015) Our present global economic order produces a stable pattern of widespread malnutrition and starvation among the poor, with some eighteen million persons dying each year from povertyrelated causes, and there are likely to be feasible alternative regimes that will not produce similarly severe deprivations. If this is so, the victims of avoidable... 2015
Daniel K. Lee A CENTURY OF UNCERTAINTY AND THE NEW POLITICS OF INDIAN WATER SETTLEMENTS: HOW TRIBES AND STATES CAN OVERCOME THE CHILLING EFFECT OF THE PAYGO ACT 92 Oregon Law Review 625 (2014) Introduction. 626 I. The Legal Background of Indian Water Rights Settlements. 627 A. The Law of Indian Reserved Water Rights. 628 B. The Trust Duty in Relation to Water Rights. 635 II. The Multilateral Benefits of Indian Water Rights Settlements. 637 III. Indian Water Settlements in the Era of PAYGO. 640 A. Requirements of the PAYGO Act. 640 B. One... 2014
Jesse Reiblich , Christine A. Klein CLIMATE CHANGE AND WATER TRANSFERS 41 Pepperdine Law Review 439 (March, 2014) Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, countries that adopt a wait and see approach potentially risk the lives of their people, their ecosystems... 2014
Oliver A. Houck COOPERATIVE FEDERALISM, NUTRIENTS, AND THE CLEAN WATER ACT: THREE CASES REVISITED 44 Environmental Law Reporter News & Analysis 10426 (May, 2014) Cooperative federalism varies widely from program to program, and depends on the relationship each statute prescribes. The Clean Water Act (CWA), while providing ample room for state participation, is heavily federal and leaves little about this relationship to chance. Nonetheless, the federal-state interplay goes on in as many venues as there are... 2014
Danielle M. Purifoy FOOD POLICY COUNCILS: INTEGRATING FOOD JUSTICE AND ENVIRONMENTAL JUSTICE 24 Duke Environmental Law and Policy Forum 375 (Spring, 2014) Beginning in 1982, food policy councils (FPCs) proliferated across North America as forums for democratic discourse and advocacy to develop sustainable food systems at the local, state, and regional levels. Challenging the industrialization of food production and distribution by corporate agribusiness, FPCs reflect the desire in many communities to... 2014
Amy Cordalis , Daniel Cordalis INDIAN WATER RIGHTS: HOW ARIZONA v. CALIFORNIA LEFT AN UNWANTED CLOUD OVER THE COLORADO RIVER BASIN 5 Arizona Journal of Environmental Law & Policy 333 (Fall, 2014) The Colorado River is one of the most important rivers in the world. The river's 1,400-mile journey from the Rocky Mountains to the Sea of Cortez takes on waters from seven states and from the reservations of twenty-eight Indian tribes along the way, 244,000 square miles of river basin in all. The Colorado River is also heavily managed: Its waters... 2014
Timothy D. Lytton , Lesley K. McAllister OVERSIGHT IN PRIVATE FOOD SAFETY AUDITING: ADDRESSING AUDITOR CONFLICT OF INTEREST 2014 Wisconsin Law Review 289 (2014) Private auditing is a significant component of food safety regulation. Typically, manufacturers, retail sellers, and food-service operators require their suppliers to obtain food safety certification from a private third-party auditor paid by the supplier. Auditors' financial interest in acquiring accounts from suppliers who want the cheapest... 2014
Sara Gonzalez-Rothi Kronenthal THE RIPPLE EFFECT: HOW A LAWSUIT SEEKING CLEANER WATER MAY BE BACKFIRING 3 LSU Journal of Energy Law & Resources 1 (Fall, 2014) Success in litigation requires more than a favorable order. For parties to achieve a desired outcome, forces outside the courtroom must not interfere with the legal victory. In 2009, conservation groups succeeded in negotiating a settlement that, on its face, seemed to promise cleaner water in Florida. However, a ripple of social and political... 2014
Craig Anthony (Tony) Arnold , Olivia Odom Green , Daniel DeCaro , Alexandra Chase , Jennifer-Grace Ewa THE SOCIAL-ECOLOGICAL RESILIENCE OF AN EASTERN URBAN-SUBURBAN WATERSHED: THE ANACOSTIA RIVER BASIN 51 Idaho Law Review 29 (2014) C1-2TABLE OF CONTENTS I. INTRODUCTION. 30 II. INSTITUTIONAL-SOCIAL-ECOLOGICAL CHANGE IN THE ANACOSTIA RIVER WATERSHED. 36 A. The Watershed and Its Characteristics. 36 B. Transitions Across Thresholds: The History of Systemic Change in the Watershed. 40 1. Drivers of Change. 40 2. Transformations of the Watershed. 45 III. ASSESSING RESILIENCE. 69 A.... 2014
Amy Hardberger WATER IS A GIRL'S BEST FRIEND: EXAMINING THE WATER VALUATION DILEMMA 62 University of Kansas Law Review 893 (May, 2014) When the well is dry, we know the worth of water. . . . . Only what is rare is valuable, and water, which is the best of all things . . . is also the cheapest. These two quotes personify the current challenge facing water sustainability and the role of markets. Reflected in these words is a traditional economic model of supply and demand and... 2014
Cameryn Rivera A FRESHER LAW: AMENDING THE FLORIDA RIGHT TO FARM ACT TO INCLUDE URBAN MICRO FARMING AS A KEY INITIATIVE TO PROMOTE SUSTAINABILITY, FOOD ACCESS, AND ENVIRONMENTAL JUSTICE FOR LOW-INCOME COMMUNITIES 8 Florida A & M University Law Review 385 (Spring, 2013) Introduction. 386 I. The History and Evolution of Urban Micro Farming: From Victory Gardens to Big City Farms. 388 II. Food Policy Concerns in Florida. 395 A. Tallahassee: Maintaining Sustainable Principles. 396 B. Jacksonville: The Necessity of Food Security. 397 C. Orlando: The Negative Impacts of Food Injustice. 401 III. The Florida Right To... 2013
Michelle Bryan Mudd A NEXT, BIG STEP FOR THE WEST: USING MODEL LEGISLATION TO CREATE A WATER-CLIMATE ELEMENT IN LOCAL COMPREHENSIVE PLANS 3 Washington Journal of Environmental Law & Policy 1 (June, 2013) Since it touches all we do and experience, water creates a language through which we may discuss our common future. The West is witnessing early, important efforts to join water supply and land use planning, and the reality of climate change makes this convergence all the more critical. Local comprehensive planning presents itself as an... 2013
Scott McKenzie A RIVER RUNS THROUGH IT: THE FUTURE OF THE COLUMBIA RIVER TREATY, WATER RIGHTS, DEVELOPMENT, AND CLIMATE CHANGE 29 Georgia State University Law Review 921 (Summer, 2013) C1-3Table of Contents L1-2Introduction . L3922 I. Physical And Political History Of The Columbia River Basin And Treaty. 923 A. Early History Of The River And Basin. 924 B. The Columbia River Treaty: Creation, Management, And Impacts. 928 II. Governance Issues: Theoretical And Practical. 932 A. Western Water Law And Development. 933 B. Competing... 2013
Emily M. Broad Leib ALL (FOOD) POLITICS IS LOCAL: INCREASING FOOD ACCESS THROUGH LOCAL GOVERNMENT ACTION 7 Harvard Law & Policy Review 321 (Summer 2013) Our national and international food system has implications for a wide range of issues that are important across the political spectrum and include improving health outcomes, reducing environmental impacts, increasing social justice, fostering economic development, and even improving homeland security. This article focuses on healthy-food access,... 2013
Rebecca L. Goldberg NO SUCH THING AS A FREE LUNCH: PATERNALISM, POVERTY, AND FOOD JUSTICE 24 Stanford Law and Policy Review 35 (2013) Two recent, controversial policy initiatives have revealed conflicts among three groups that take an interest in the eating habits of the poor: anti-hunger advocates, anti-obesity advocates, and food justice advocates. These initiatives--Los Angeles's zoning ordinance banning new fast food restaurants in one low-income neighborhood and New York... 2013
Eve Kerber SECURING FOOD JUSTICE, SOVEREIGNTY & SUSTAINABILITY IN THE FACE OF THE FOOD SAFETY MODERNIZATION ACT (FSMA) 11 Seattle Journal for Social Justice 1271 (Spring, 2013) The laws we write, the goals we pursue, and the choices we make determine the health of the food system we create. Food sovereignty and sustainability are not ideas that legislation enacts for us--they are ideas we must demand through processes that consider the public's opinions. This article suggests that the public should utilize the... 2013
Emily Broad Leib THE FORGOTTEN HALF OF FOOD SYSTEM REFORM: USING FOOD AND AGRICULTURAL LAW TO FOSTER HEALTHY FOOD PRODUCTION 9 Journal of Food Law & Policy 17 (Spring 2013) I. Introduction. 18 II. Background: The Food System and the Obesity Crisis. 20 III. Two Main Responses. 25 A . Option 1: Reforming the Industrial System. 26 B . Option 2: Improving Viability of the Alternative Food System. 31 1. Demand for Healthy Food is Increasing, yet too little of Our current production focuses on specialty crops. 34 2.... 2013
Smita Narula THE GLOBAL LAND RUSH: MARKETS, RIGHTS, AND THE POLITICS OF FOOD 49 Stanford Journal of International Law 101 (Winter 2013) In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while... 2013
Lori Beail-Farkas THE HUMAN RIGHT TO WATER AND SANITATION: CONTEXT, CONTOURS, AND ENFORCEMENT PROSPECTS 30 Wisconsin International Law Journal 761 (Winter, 2013) The roots of the human right to water and sanitation date back to ancient times when concepts of community governed water use. Since then, the right has evolved alongside cultural and religious traditions, evolving social norms, and the law. The right to water and sanitation has been brought increasingly to the forefront of international human... 2013
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