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Baylen J. Linnekin - One of the best experts on this subject based on the ideXlab platform.
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Food Law and Policy: An Essential Part of Today's Legal Academy
2018Co-Authors: Emily M. Broad Leib, Baylen J. LinnekinAbstract:In 2014, the authors of this article published the first analysis of the development and history of the relatively new academic field of Food Law & Policy (“FL&P”). As we defined the field in that article, FL&P “is the study of the basis and impact of those Laws and regulations that govern the food and beverages we grow, raise, produce, transport, buy, sell, distribute, share, cook, eat, and drink.” FL&P was born out of two pre-existing fields: Food & Drug Law and Agricultural Law, but it differs from its parent fields in that it explores legal and policy issues regulation of food by various agencies, at all levels of government, and across the range of Agricultural, health, labor, economic, environmental, and other issues that intersect with food. This broader analysis of the food system3 had not been part of the legal academy prior to 2004. For our 2014 article, we developed ten criteria to measure the breadth and depth of a legal-academic field. According to our analysis, FL&P met seven of the ten criteria in 2014, and was firmly entrenched in terms of course offerings, clinical projects, and scholarly writing. Now, four years later, the field meets all ten of our criteria, and its continued growth has solidified its place in legal academia. The present article endeavors to assess and discuss this growth by reviewing the same ten criteria of a legal-academic field and tracking developments in the four years since we collected our initial data. As the article details, FL&P’s newfound strength within each of our ten criteria demonstrates the field has grown strong roots.
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food Law policy the fertile field s origins first decade
2014Co-Authors: Baylen J. Linnekin, Emily Broad M LeibAbstract:Legal scholarship pertaining to the production and regulation of food historically included two distinct fields of Law: Food & Drug Law, which studies the regulation of food by the Food and Drug Administration, focusing on the Food, Drug, and Cosmetic Act and its progeny; and Agricultural Law, which examines the impacts of the Law on the Agricultural sector and the production of food and fibers. While these two fields are separate and important silos of American legal education, neither alone nor the two as a pair adequately covers many of the legal issues that currently impact our food system. In response to the rising interest in the health, economic, and environmental impacts of the food system, the two fields have merged to create a significant and distinct new field of legal study. As detailed in this article, the field of “Food Law & Policy” is embodied in a growing number of Law school courses, legal scholarship, clinical programs, and student societies that look well beyond both Food & Drug Law and Agricultural Law to address important legal and policy issues pertaining to food that had never been explored fully within the legal academy. Though Food Law & Policy emerged out of these two fields, it includes a broader study of the Laws and regulations at all levels of government that impact the entire food system, including the animals, crops, food, and beverages we grow, raise, produce, transport, buy, sell, distribute, share, cook, eat, and drink. This article presents original empirical data to document the growing strength of this field; establishes a series of ten benchmarks to describe the vitality of a legal field; and presents data on each of these metrics to reveal how Food Law & Policy has evolved and flourished in the legal academy over the past decade. The article demonstrates that Food Law & Policy has proven to be a timely and vibrant addition to the legal academy, defines the key features of this emerging field and reasons for its inception, and hypothesizes next steps in the ongoing development of the field.
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the future of food Law policy the responsibility of Lawyers in the academy and beyond
2013Co-Authors: Susan A. Schneider, Baylen J. Linnekin, Margaret Sova Mccabe, Emily Broad M Leib, Esq. Michael T. RobertsAbstract:Food Law & Policy is a flourishing legal field that is fast approaching the tenth anniversary of its inception. The field boasts several key milestones. The first Food Law & Policy course was taught in 2004. The first scholarly journal devoted to the field was created in 2005. And, the first Food Law & Policy legal clinic was established in 2010. Today, interest in the field among legal scholars and Law students alike is so widespread that a 2013 news article reported “there may be no hotter topic in Law schools right now than food Law and policy.” Food Law & Policy incorporates elements from the study of traditional food and drug Law as well as elements from the study of traditional Agricultural Law. It intersects with a new approach to Agricultural Law studies that involves a more holistic approach including sustainability and a food systems analysis.This article was prepared for the Yale University Food Systems Symposium. It was written by faculty members at several Law schools that have made commitments to Food Law & Policy, and it describes their programs and their approach.
Emily M. Broad Leib - One of the best experts on this subject based on the ideXlab platform.
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Food Law and Policy: An Essential Part of Today's Legal Academy
2018Co-Authors: Emily M. Broad Leib, Baylen J. LinnekinAbstract:In 2014, the authors of this article published the first analysis of the development and history of the relatively new academic field of Food Law & Policy (“FL&P”). As we defined the field in that article, FL&P “is the study of the basis and impact of those Laws and regulations that govern the food and beverages we grow, raise, produce, transport, buy, sell, distribute, share, cook, eat, and drink.” FL&P was born out of two pre-existing fields: Food & Drug Law and Agricultural Law, but it differs from its parent fields in that it explores legal and policy issues regulation of food by various agencies, at all levels of government, and across the range of Agricultural, health, labor, economic, environmental, and other issues that intersect with food. This broader analysis of the food system3 had not been part of the legal academy prior to 2004. For our 2014 article, we developed ten criteria to measure the breadth and depth of a legal-academic field. According to our analysis, FL&P met seven of the ten criteria in 2014, and was firmly entrenched in terms of course offerings, clinical projects, and scholarly writing. Now, four years later, the field meets all ten of our criteria, and its continued growth has solidified its place in legal academia. The present article endeavors to assess and discuss this growth by reviewing the same ten criteria of a legal-academic field and tracking developments in the four years since we collected our initial data. As the article details, FL&P’s newfound strength within each of our ten criteria demonstrates the field has grown strong roots.
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The Forgotten Half of Food System Reform: Using Food and Agricultural Law to Foster Healthy Food Production
SSRN Electronic Journal, 2013Co-Authors: Emily M. Broad LeibAbstract:America is facing widespread problems with its food system, including environmental harms due to externalities from industrial farms; the increasing amount of "food miles" traveled by the products that make up our daily meals; and the growing size and complexity of recent outbreaks of foodborne illnesses. Indeed, the entire system that covers the life cycle of food, through production, processing, distribution, consumption, and food waste management, is in crisis. One of the most disturbing of these well-documented problems with the industrial food system is the increase in rates of obesity and diet-related illnesses. Obesity rates in the U.S. have more than doubled since 1980. Rising rates of obesity stem from what has been called a "toxic" food culture, in which unhealthy food products are cheap and readily available, while healthy foods are unavailable in many urban and rural food deserts or out of reach for those with limited economic means. To improve public health outcomes, and mitigate the impact of obesity and related illnesses, our food and Agricultural system requires a transformation. Most discussions about how to overhaul our food and agriculture system focus on reforming or dismantling the industrial, commodity-based food system by erecting barriers to the production and sale of unhealthy, overly-processed foods. This could entail reducing or eliminating Agricultural subsidies, utilizing taxes or regulations to force industrial food producers to internalize the costs of their negative impacts on health and the environment, or decreasing consumer access to or demand for these products by implementing marketing restrictions, labeling requirements, or bans on certain foods or ingredients. While we will surely need to reform and reign in the industrial food system, this article contends that those reforms are only part of the battle, and will not necessarily make healthier foods more readily available in the immediate future. We also need to think about the other half of the picture — increasing the production and availability of healthier foods — which will require improving the climate for the production of healthy "specialty crops" (defined as "fruits, vegetables, tree nuts, dried fruits, horticulture, and nursery crops"). This avenue would lead to a focus on supporting alternative, small and mid-size food producers, who are and will likely remain the primary producers of specialty crops, and would require investments of time, energy, and resources into alternative food production. To encourage sufficient production of specialty crops, we must also reduce the programmatic, policy, and legal barriers that stand in the way of these producers. This article first describes the obesity and public health issues facing the United States and explains their links to the food and Agricultural system. Part III then discusses the two primary avenues for food system reform and illustrates the reasons we should focus more energy and resources than we currently do on supporting alternative food producers. Part IV lays out some key barriers to alternative food producers — including programmatic and policy barriers, legal and regulatory hurdles, and obstacles that particularly impact mid-scale food producers, even though these mid-scale producers offer the most potential to increase healthy food access on the scale needed. Finally, Part V discusses the reasons for which the legal profession should use its unique skills to support alternative food producers and presents several important ways in which attorneys can play a key role in improving the viability of the alternative food system, thus promoting better public health outcomes by ensuring that fruits, vegetables, and other healthy foods will become more readily available.
Emily Broad M Leib - One of the best experts on this subject based on the ideXlab platform.
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food Law policy the fertile field s origins first decade
2014Co-Authors: Baylen J. Linnekin, Emily Broad M LeibAbstract:Legal scholarship pertaining to the production and regulation of food historically included two distinct fields of Law: Food & Drug Law, which studies the regulation of food by the Food and Drug Administration, focusing on the Food, Drug, and Cosmetic Act and its progeny; and Agricultural Law, which examines the impacts of the Law on the Agricultural sector and the production of food and fibers. While these two fields are separate and important silos of American legal education, neither alone nor the two as a pair adequately covers many of the legal issues that currently impact our food system. In response to the rising interest in the health, economic, and environmental impacts of the food system, the two fields have merged to create a significant and distinct new field of legal study. As detailed in this article, the field of “Food Law & Policy” is embodied in a growing number of Law school courses, legal scholarship, clinical programs, and student societies that look well beyond both Food & Drug Law and Agricultural Law to address important legal and policy issues pertaining to food that had never been explored fully within the legal academy. Though Food Law & Policy emerged out of these two fields, it includes a broader study of the Laws and regulations at all levels of government that impact the entire food system, including the animals, crops, food, and beverages we grow, raise, produce, transport, buy, sell, distribute, share, cook, eat, and drink. This article presents original empirical data to document the growing strength of this field; establishes a series of ten benchmarks to describe the vitality of a legal field; and presents data on each of these metrics to reveal how Food Law & Policy has evolved and flourished in the legal academy over the past decade. The article demonstrates that Food Law & Policy has proven to be a timely and vibrant addition to the legal academy, defines the key features of this emerging field and reasons for its inception, and hypothesizes next steps in the ongoing development of the field.
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the future of food Law policy the responsibility of Lawyers in the academy and beyond
2013Co-Authors: Susan A. Schneider, Baylen J. Linnekin, Margaret Sova Mccabe, Emily Broad M Leib, Esq. Michael T. RobertsAbstract:Food Law & Policy is a flourishing legal field that is fast approaching the tenth anniversary of its inception. The field boasts several key milestones. The first Food Law & Policy course was taught in 2004. The first scholarly journal devoted to the field was created in 2005. And, the first Food Law & Policy legal clinic was established in 2010. Today, interest in the field among legal scholars and Law students alike is so widespread that a 2013 news article reported “there may be no hotter topic in Law schools right now than food Law and policy.” Food Law & Policy incorporates elements from the study of traditional food and drug Law as well as elements from the study of traditional Agricultural Law. It intersects with a new approach to Agricultural Law studies that involves a more holistic approach including sustainability and a food systems analysis.This article was prepared for the Yale University Food Systems Symposium. It was written by faculty members at several Law schools that have made commitments to Food Law & Policy, and it describes their programs and their approach.
Esq. Michael T. Roberts - One of the best experts on this subject based on the ideXlab platform.
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the future of food Law policy the responsibility of Lawyers in the academy and beyond
2013Co-Authors: Susan A. Schneider, Baylen J. Linnekin, Margaret Sova Mccabe, Emily Broad M Leib, Esq. Michael T. RobertsAbstract:Food Law & Policy is a flourishing legal field that is fast approaching the tenth anniversary of its inception. The field boasts several key milestones. The first Food Law & Policy course was taught in 2004. The first scholarly journal devoted to the field was created in 2005. And, the first Food Law & Policy legal clinic was established in 2010. Today, interest in the field among legal scholars and Law students alike is so widespread that a 2013 news article reported “there may be no hotter topic in Law schools right now than food Law and policy.” Food Law & Policy incorporates elements from the study of traditional food and drug Law as well as elements from the study of traditional Agricultural Law. It intersects with a new approach to Agricultural Law studies that involves a more holistic approach including sustainability and a food systems analysis.This article was prepared for the Yale University Food Systems Symposium. It was written by faculty members at several Law schools that have made commitments to Food Law & Policy, and it describes their programs and their approach.
Steph Tai - One of the best experts on this subject based on the ideXlab platform.
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food systems Law from farm to fork and beyond
2015Co-Authors: Steph TaiAbstract:In urging “responsible eating,” food writer Wendell Berry once wrote, “I begin with the proposition that eating is an Agricultural act.” Yet the legal world has long treated food and agriculture as separate spheres. Food Law in the United States has traditionally been viewed as the area of Law related to the development and marketing of final food products, while Agricultural Law has been viewed as the area of Law relevant to farmers and rangers, agri-businesses, and food processing and marketing firms. But more recently, both policymakers and scholars have been taking a more systems-oriented approach to food regulation through the re-framing of food and Agricultural Law into a broader food systems Law. In particular, a number of legal scholars working in these areas have begun merging the fields of food Law and Agricultural Law — as well as components of other fields of Law — into something perhaps greater than the sum of its parts: a field of Law that examines food systems as an interactive whole, rather than as individual components of the farm-to-fork process.This Article is the first of a two-part project. This part explores trends in Agricultural and food Law scholarship to argue that a nascent integrated approach, one that is more systems-oriented, is developing within current legal scholarship. The Article begins by providing some broader context on systems-oriented approaches to understanding food, drawing from food policy and environmental policy literature. It next briefly describes the different origins and coverage of early Agricultural Law and food Law, situating the distinct historical and theoretical foundations of Agricultural Law and food Law into the broader literature of legal taxonomy. It then illustrates developing trends in scholarly articles, legal casebooks, and other Law school institutional coverage to suggest the convergence of these two areas into a broader, more systems-oriented approach. Finally, the Article highlights distinctive features that might arise out of a more deliberate development of systems-oriented approach in this legal field. It argues that such an approach may provide insights into other cross-cutting areas of legal scholarship that the separated areas of food Law and Agricultural Law cannot provide. In doing so, this Article lays the groundwork for the next part of this project, which presents case studies to provide a more complete an analysis of the benefits that would arise from such an approach and uses systems theory to develop important considerations for the deliberate cultivation of food systems Law as a field of Law.