Thursday, January 30, 2014

An Agricultural Law Jeremiad: The Harvest Is Past, the Summer Is Ended, and Seed Is Not Saved

James Ming Chen, An Agricultural Law Jeremiad: The Harvest Is Past, the Summer Is Ended, and Seed Is Not Saved, 2014 Wisconsin Law Review (forthcoming), available at http://ssrn.com/abstract=2387998 or http://bit.ly/SeedIsNotSaved:

SoybeansThe saving of seed exerts a powerful rhetorical grip on American agricultural law and policy. Simply put, farmers want to save seed. Many farmers, and many of their advocates, believe that saving seed is essential to farming. But it is not. Farmers today often buy seed, just as they buy other agricultural inputs. That way lies the path of economic and technological evolution in agriculture. Seed-saving advocates protest that compelling farmers to buy seed every season effectively subjects them to a form of serfdom. So be it. Intellectual property law concerns the progress of science and the useful arts. Collateral economic and social damage, in the form of affronts to the agrarian ego, is of no valid legal concern. The harvest is past, the summer is ended, and seed is not saved.

Tuesday, January 28, 2014

Rurality as a Dimension of Environmental Justice: Call for Papers

2014 Rural Sociological Society Annual Conference: “Equity, Democracy, and the Commons: Counter-Narratives for Rural Transformation.”

Location: New Orleans, Roosevelt Waldorf Astoria Hotel

Date: July 30th to August 3, 2014

Paper Abstracts due: March 3

Submission: Email abstracts (up to 350-words) to Loka Ashwood (ashwood@wisc.edu) and Kate Mactavish (kate.mactavish@oregonstate.edu) in lieu of an online submission.

Changing community and production dynamics in rural America make it a state-sanctioned site for some of the most hazardous and toxic industries of our time.  From its production treadmill, industrial agriculture has cast onto rural America a plethora of negative externalities:  mounting levels of air and water pollution, farm consolidation, and depopulation.   A range of extraction and other risky industries justify the siting of facilities in rural areas because of easy access to ample natural resources, sparse populations that reduce exposure risk, and the possibility of economic revitalization.  State and federal statutes (e.g., right-to-farm laws, the Federal Code of Regulations for Nuclear Operations) often permit these industries to target rural America based on past practice and low population levels.  

On an international level, cities serve as powerful hubs for the global economy, pulling resources away from less prominent urban and rural areas. The growing periphery within core countries, as well as continued resource extraction of rural places abroad, calls for increased attention to the rural facets of injustice in developed and developing countries.

We invite paper submissions that explore facets of rurality that help explain rural places’ vulnerability to environmental injustices from interdisciplinary perspectives, including (but not limited to) sociology, geography, law, anthropology, public health, and the environmental sciences. We are especially keen to receive papers from scholars working broadly on issues of environmental justice in order to foster conversation between those scholars and scholars whose focus is on rurality more generally.

Select papers from the proceedings and a wider call will be reviewed for potential publication in a special issue being considered by the Journal of Rural Studies.

Confirmed Panelist: Steve Wing, Associate Professor of Epidemiology, University of
North Carolina-Chapel Hill.

Cross-posted to Legal Ruralism.  

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Sunday, January 26, 2014

Food Waste: Important Issue Gets Attention

Last year, the LL.M. Program in Agricultural & Food Law at the University of Arkansas School of Law began the  Food Recovery Project.  The goal of this Project is to raise awareness of two fundamentally irreconcilable problems: the overwhelming waste of food and the persistent problem of hunger in America. The project is designed to provide resources, legal information, and other information that will encourage and support businesses in developing and implementing food recovery programs.

This Project was funded by generous support from The Women’s Giving Circle.  Research Fellow,  James Haley  began the Project by doing a comprehensive study of food recovery and the law and prepared A Legal Guide to The Bill Emerson Good Samaritan Food Donation Act.  This article, written for attorneys, is published in the University of Arkansas School of Law's online journal, Law Notes.

Visiting Professor Nicole Civita then produced a guide that explains the legal liability protections available to those who donate their food to a non-profit organization.  Food Recovery: A Legal Guide is designed for businesses and organizations.  Both publications are available for free download.

Through the Food Recovery Project, our awareness of food waste and its consequences has been heightened.  We have been gratified to see the issue gaining increasing recognition in the media. It's important no only because of hunger issues, but because of environmental concerns. The USDA and EPA, issuing a joint Food Waste Challenge, report that "Food waste [is] the single largest type of waste entering our landfills" with about 40% of food in the U.S. wasted.

Other groups are also publicizing the problem.
  • The Food Recovery Network unites students at colleges and universities to find ways to prevent food waste in their communities and to recover food for those in need.
The PBS Newshour television broadcast just released the video embedded below, Start-ups, Organizations Take on America's Food Waste Challenge.  It discusses the food waste problem from an environmental perspective and from an economic perspective.  It's an excellent report that emphasizes the opportunities to reduce waste and the economic advantages of doing so.  I recommend it to all -

Sunday, January 19, 2014

Report from the AALS Agricultural & Food Law Session, New York

Melissa Mortazavi, Visiting Assistant Professor of Law at Brooklyn Law School kindly agreed to serve as reporter for the educational session of the Agricultural & Food Law Section of the Association of American Law Schools (AALA) Annual Meeting in New York City, January 2-5.  This post is based substantially on her report republished from the Food Law Professors blog.

We had excellent attendance at the section session, despite extremely difficult weather conditions. The panel spoke on teaching food law & policy and integrating food law into law schools' curricula.

Unfortunately, section chair and panel organized, Professor Neil Hamilton, the Dwight D. Opperman Chair of Law and the Director of the Agricultural Law Center at Drake University Law School and panel member Professor Jay Mitchell, the Director of the Organizations and Transactions Clinic at Stanford Law School were both unable to attend due to the weather conditions.

Panel members who presented were Susan A. Schneider (Director, LL.M. Program in Agricultural & Food Law, University of Arkansas School of Law), Michael Roberts (Executive Director, Resnick Program for Food Law and Policy, UCLA School of Law), and Alli Condra (Fellow, Food Law and Policy Clinic, Harvard Law School).

Initially, the discussion focused on how each of these programs approaches teaching food law and policy, predominately with a focus on connecting laws governing food production with sustainability and public health concerns. Also flagged was the need for more intensive scholarly work regarding the legal framework of food regulation domestically, the racial and socio-economic impacts of food law, and the implications of food and food systems in the context of laws regulating international trade and export.

One consistent thread emerged: food is everything-- meaning every kind of law, in all types of practice-- and the opportunities to explore food law and policy in the law school setting are varied and compelling. Some schools have taken on helping small food related business through providing practical how-to publications or support through their transactional legal services clinics. Some professors teach food law through courses like administrative law where they draw heavily on food related case law and regulations. Others are engaging with international food law through direct services; at Wake Forest, Barbara Lentz led a team of students this month to Nicaragua to help local farmers meet certification requirements for U.S. food imports.

In addition to a lively and energizing discussion, a few follow up points emerged:

Call for Syllabi:

In the Q & A session there was a request to share information and syllabi. Susan Schneider administers a Food Law Professors listserv and the Food Law Professors blog. Professors who teach a food law course, whether survey, seminar, traditional course with a focus on food law, are asked to either post a link to their syllabus or submit it to Professor Schneider for posting.  Similarly, if you are involved in teaching or scholarship in the area of food law & policy and would like to join the listserv, please email Professor Schneider to join.

Upcoming Conferences:  

UCLA’s Resnick Program for Food Law and Policy will be hosting a Food Law Litigation Symposium this April, with dates to TBD.  The Resnick Program also plans to host a larger scale conference on food law in the fall of 2014.  We will keep in touch with Professor Roberts and post updated announcements.

New Association: 

Law professors are in the early stages of forming a Food Law and Policy Association for those who teach and write in this area. This idea was discussed at the Yale Food Policy Symposium, with Emily Broad Lieb, Baylen Linnekin, and Margaret Sova McCabe, along with panel members Michael Roberts and Susan Schneider.  Melissa Mortazavi has agreed to assist in collecting names of those interested.   If you are interested in being a founding member, please email Melissa.mortazavi@brooklaw.edu.