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
Emily M. Thor THE HUMAN RIGHT TO WATER IN THE UNITED STATES: WHY SO DANGEROUS? 26 Pacific McGeorge Global Business & Development Law Journal 315 (2013) I. Introduction. 315 II. The International Human Right to Water. 317 A. Recognition of this Right by the United Nations. 317 B. The Perspective of the United States. 319 C. Private Sector Involvement. 321 III. The Human Right to Water in the United States. 324 IV. The Human Right to Water in Africa. 329 A. Nigeria. 330 B. South Africa. 333 V. Is... 2013
Rhett B. Larson THE NEW RIGHT IN WATER 70 Washington and Lee Law Review 2181 (Fall, 2013) This Article divides all rights into two broad categories-provision rights and participation rights. With a provision right, the government makes substantive guarantees to provide some minimum quantity and quality of a good or service. With a participation right, the government is legally proscribed from interfering with an individual citizen's... 2013
Andrea Freeman THE UNBEARABLE WHITENESS OF MILK: FOOD OPPRESSION AND THE USDA 3 UC Irvine Law Review 1251 (December, 2013) Introduction. 1251 I. Food Oppression. 1254 II. Milk Does a Body Good?. 1257 III. Structural and Cultural Analysis of the USDA's Promotion of the Dairy Industry. 1263 A. Structural Analysis. 1263 1. Challenges Facing the USDA as a Multi-Role Agency. 1263 2. Federal Dietary Guidelines. 1264 3. Distribution. 1266 B. Cultural Analysis. 1268 1.... 2013
Aaron Culp WATER CAN BE FOR DRINKING AGAIN: ECONOMIC AND COLLABORATIVE SOLUTIONS TO A TEXAS WATER FIGHT 45 Saint Mary's Law Journal 103 (2013) I. Introduction. 104 II. Legal Background. 107 A. The Texas Constitution and the Texas Water Code. 107 III. Economic Theories. 110 A. The Coase Theorem. 110 1. Transaction Costs. 112 2. Efficient Bargaining. 113 B. Water Markets. 115 C. Calabresi and Melamed's Cathedral Model. 120 1. Rule Four. 123 2. Spur Industries, Inc. v. Del E. Webb... 2013
Katherine Pratt A CONSTRUCTIVE CRITIQUE OF PUBLIC HEALTH ARGUMENTS FOR ANTIOBESITY SODA TAXES AND FOOD TAXES 87 Tulane Law Review 73 (November, 2012) This Article constructively critiques the two arguments that public health advocates have made in support of antiobesity soda taxes or junk food taxes. Part II discusses and critiques the first argument, an economic externalities argument that government should tax soda or junk food to internalize the disproportionately high health care costs of... 2012
Angelica I. Ambrose A NATIONAL SCHOOL GARDEN PROGRAM: A HOLISTIC AND SUSTAINABLE APPROACH TO COMBATING FOOD DESERTS 21 San Joaquin Agricultural Law Review 51 (2011-2012) A family walks into a brand new grocery store in its neighborhood, the first large supermarket that has been close to home in years. The supermarket recently opened this location as a result of government incentives meant to bring fresh, affordable produce into neighborhoods where it was previously absent. Because affordable fresh fruits and... 2012
Aaron Sternick FOOD FIGHT: THE IMPENDING AGRICULTURAL CRISIS AND A REASONABLE RESPONSE TO PRICE VOLATILITY 23 Villanova Environmental Law Journal 145 (2012) Like storefront windows during the recent Algerian food riots, surging food prices may soon shatter the global food economy. The hunger-fueled turmoil has spilled into international politics with decades-strong regimes toppling one by one. Meanwhile, in America, third-world food riots appear to be nothing more than the usual struggle between... 2012
George Klidonas , Keith R. Murphy , Baker Hostetler, New York, Baker Hostetler, New York JUDICIAL ESTOPPEL REVISITED 31-JUN American Bankruptcy Institute Journal 18 (June, 2012) Judicial estoppel is an issue that has been heavily litigated and the subject of recent decisions in the U.S. Court of Appeals for the Fifth Circuit. Judicial estoppel is an equitable doctrine used by courts to prevent a litigant from asserting a legal position in a proceeding that is inconsistent with that litigant's position in a prior... 2012
Kate Meals NURTURING THE SEEDS OF FOOD JUSTICE: UNEARTHING THE IMPACT OF INSTITUTIONALIZED RACISM ON ACCESS TO HEALTHY FOOD IN URBAN AFRICAN-AMERICAN COMMUNITIES 15 Scholar: St. Mary's Law Review on Race and Social Justice 97 (2012) I. Introduction. 98 II. Background. 103 A. Who are the Hungry?. 104 B. Enter Food Justice: A Community Movement for Change. 111 III. No Right to Food in the United States?. 114 IV. Urban Communities. 116 A. White Flight: A Brief History of Segregation and Ghettoization. 116 B. Grocery Stores Leave Urban Areas. 120 1. Transportation Barriers. 121 2.... 2012
Keith Aoki , John Shuford , Esmeralda Soria , Emilio Camacho PASTURES OF PEONAGE?: TRACING THE FEEDBACK LOOP OF FOOD THROUGH IP, GMOS, TRADE, IMMIGRATION, AND U.S. AGRO-MAQUILAS 4 Northeastern University Law Journal 1 (Spring, 2012) I. Introduction II. The Rise of Global Agribusiness and GMOs A. Agrichemical Farming and IP Protection for GE Food Crops and PGR B. Industrialization and Concentration of Farming and Food Transport, Processing, and Sales III. Economic Globalization and Labor Migration in North America A. Globalization of Finance and Trade: Effects on Mexico's... 2012
Louis J. Kotzé , Rebecca Bates SIMILAR BUT DIFFERENT: COMPARATIVE PERSPECTIVES ON ACCESS TO WATER IN AUSTRALIA AND SOUTH AFRICA 15 University of Denver Water Law Review 221 (Spring 2012) I. Introduction. 222 II. Grounding the Comparative Approach. 223 III. Focus, Key Terminology, and Assumptions. 226 IV. Environmental and Hydro-political Contexts. 228 A. South Africa. 228 B. Australia. 232 V. The Regulatory Frameworks. 235 A. South Africa. 235 1. Policy Framework. 235 2. Constitutional Provisions. 236 3. Statutory Framework. 239 4.... 2012
Jada J. Fehn THE ASSAULT ON BAD FOOD: TOBACCO-STYLE LITIGATION AS AN ELEMENT OF THE COMPREHENSIVE SCHEME TO FIGHT OBESITY 67 Food & Drug Law Journal 65 (2012) When Vanessa Castillo was just 14 years old, she was diagnosed with Type 2 diabetes. Like low-income neighborhoods all over the country, the uptown neighborhood in New York where Castillo lives is disproportionately affected by the disease. One of the major challenges facing those like Castillo is access to healthy food. Food deserts, urban core... 2012
Tom I. Romero, II J.D., PH.D. THE COLOR OF WATER: OBSERVATIONS OF A BROWN BUFFALO ON WATER LAW AND POLICY IN TEN STANZAS 15 University of Denver Water Law Review 329 (Spring 2012) Prologue: The Brown Buffalo Awakens. 330 I. Stanza I. 335 II. Stanzas II and III. 339 III. Stanzas IV and V. 348 IV. Stanzas VI and VII. 354 V. Stanzas VIII and IX. 360 VI. Stanza X. 362 Conclusion: The Brown Buffalo Blue. 366 2012
Baylen J. Linnekin , Jeffrey Dermer , Matthew Geller THE NEW FOOD TRUCK ADVOCACY: SOCIAL MEDIA, MOBILE FOOD VENDING ASSOCIATIONS, TRUCK LOTS, & LITIGATION IN CALIFORNIA & BEYOND 17 Nexus: Chapman's Journal of Law & Policy 35 (2011-2012) Street vending is one of the world's oldest professions. Food is and always has been one of the most popular items offered for sale by vendors. In America, food has been sold on the streets since well before the birth of the nation. In many ways the practice of setting up a stationary stall on the side of a road or in a public square or market for... 2012
Cameron Jefferies UNCONVENTIONAL BRIDGES OVER TROUBLED WATER - LESSONS TO BE LEARNED FROM THE CANADIAN OIL SANDS AS THE UNITED STATES MOVES TO DEVELOP THE NATURAL GAS OF THE MARCELLUS SHALE PLAY 33 Energy Law Journal 75 (2012) I. Introduction. 76 II. The Emergence of Unconventional Fossil Fuel Sources. 78 A. Present Reliance on Fossil Fuel Energy and Forecasted Energy Needs. 78 B. Energy Security and Self-Sufficiency. 80 C. Interaction with Water Resources. 81 III. Understanding Unconventional Fuels. 82 A. The Canadian Oil Sands. 82 1. What Are the Oil Sands and How Are... 2012
Melissa D. Mortazavi ARE FOOD SUBSIDIES MAKING OUR KIDS FAT? TENSIONS BETWEEN THE HEALTHY HUNGER-FREE KIDS ACT AND THE FARM BILL 68 Washington and Lee Law Review 1699 (Fall, 2011) On December 15, 2010, President Obama signed the Healthy Hunger-Free Kids Act of 2010 (HHFKA) into law. It was hailed as a bipartisan success and a significant reform of childhood nutrition policy. Indeed, on its surface the law appears to make a significant shift away from the food paradigm of the past. However, upon closer examination, it fails... 2011
Keith Schneider , Jennifer L. Turner , Aaron Jaffe , Nadya Ivanova CHOKE POINT CHINA: CONFRONTING WATER SCARCITY AND ENERGY DEMAND IN THE WORLD'S LARGEST COUNTRY 12 Vermont Journal of Environmental Law 713 (Spring, 2011) Introduction .. 714 I. Growth Versus Water Resources. 715 A. Ruinous Confrontation?. 715 B. Choke Points Do Not Slow Rapid GDP Growth Goals. 718 II. Evading Water and Energy Choke Points for Now. 718 A. Ambitious Water Conservation Measures. 718 B. Energy Conservation Equals Water Conservation. 720 III. Unrivaled Plans to Move Water to Tap Coal... 2011
Thomas P. Ziehnert FOOD DESERTS: IS THE LET'S MOVE CAMPAIGN AN OASIS FOR THE URBAN MINORITY COMMUNITY? 7 Modern American 22 (Fall, 2011) I work, sometimes three and four jobs, and I still get SNAP assistance. I finally got one job that has reduced my need for assistance from $450.00 a month to $60.00 a month. But the fact is, that when it comes to access[ing] quality, healthy food in my community on my income, it is still almost impossible. The barriers are staggering--whether it's... 2011
Christopher J. Curran , Marc-Tizoc González FOOD JUSTICE AS INTERRACIAL JUSTICE: URBAN FARMERS, COMMUNITY ORGANIZATIONS AND THE ROLE OF GOVERNMENT IN OAKLAND, CALIFORNIA 43 University of Miami Inter-American Law Review 207 (Fall 2011) Urban farming may be the latest evolution in the long struggle for interracial justice in Oakland, California. This broad movement for food justice has arisen due to a depending community health crisis; communities of color have long faced disproportionate rates of cancer, diabetes, and illnesses associated with lack of access to nutritious food... 2011
Rose Francis, Laurel Firestone IMPLEMENTING THE HUMAN RIGHT TO WATER IN CALIFORNIA'S CENTRAL VALLEY: BUILDING A DEMOCRATIC VOICE THROUGH COMMUNITY ENGAGEMENT IN WATER POLICY DECISION MAKING 47 Willamette Law Review 495 (Spring 2011) THE RELATIONSHIP BETWEEN ENVIRONMENTAL JUSTICE AND HUMAN RIGHTS Consider this: even one of the wealthiest states in the wealthiest nation on the planet has not fully implemented the human right to water. This state is California, a place which holds a special position in our collective consciousness as the land of milk and honey, producing... 2011
A. Bryan Endres , Nicholas R. Johnson INTEGRATING STAKEHOLDER ROLES IN FOOD PRODUCTION, MARKETING, AND SAFETY SYSTEMS: AN EVOLVING MULTI-JURISDICTIONAL APPROACH 26 Journal of Environmental Law & Litigation 29 (2011) I. Developing a Safe Food Production System: A Patchwork Quilt. 39 II. Leafy Greens: Nutrient-Dense Foods with Potentially Deadly Consequences. 46 A. Leafy Greens--A Blossoming Market. 46 B. Food Safety in Leafy Greens Leaves Much To Be Desired. 50 C. Food Safety as Perceived by Consumers: Standards and Brands. 55 D. The FDA's Efforts to Address... 2011
Ndiva Kofele-Kale , Fausto Mendanha Gonzaga INTERNATIONAL LAW AND DOMESTIC LEGISLATION IN THE SUSTAINABLE MANAGEMENT OF TRANSBOUNDARY WATERCOURSES: THE CASE OF THE AMAZON RIVER BASIN 26 Journal of Environmental Law & Litigation 147 (2011) I. International Environmental Law. 151 A. A Brief Overview of Transboundary Watercourse Law. 151 1. Traditional Doctrines on Transboundary Watercourses. 152 a. The Harmon Doctrine of Absolute Territorial Sovereignty. 152 b. The Doctrine of Absolute Territorial Integrity. 153 c. The Doctrine of Limited Territorial Sovereignty and Integrity. 154 d.... 2011
Ernesto Hernández-López LA'S TACO TRUCK WAR: HOW LAW COOKS FOOD CULTURE CONTESTS 43 University of Miami Inter-American Law Review 233 (Fall 2011) In 2008, a Taco Truck War broke out in Los Angeles (LA), California between local authorities, food trucks and loyal customers. National and local media picked at the story after the Los Angeles County Board of Supervisors passed new regulations, which promised to severely restrict food trucks, referred to as loncheros or taco trucks, in East... 2011
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